[Congressional Record Volume 152, Number 42 (Wednesday, April 5, 2006)]
[Senate]
[Pages S2922-S3156]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3312. Mr. THUNE 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 252 of the amendment, between lines 2 and 3, insert 
     the following:
       (13) Agreement to collect percentage of wages to offset 
     cost of emergency health services furnished to uninsured h-2c 
     nonimmigrants.--The employer shall collect an amount equal to 
     1.45 percent of the wages paid by the employer to any H-2C 
     nonimmigrant and shall transmit such amount to the Secretary 
     of the Treasury for deposit into the H-2C Nonimmigrant Health 
     Services Trust Fund established under section 404(c) of the 
     Comprehensive Immigration Reform Act of 2006 at such time and 
     in such manner as the Secretary of the Treasury shall 
     determine.
       On page 266, after line 22, add the following:
       (c) H-2C Nonimmigrant Health Services Trust Fund.--
       (1) Creation of trust fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     ``H-2C Nonimmigrant Health Services Trust Fund'', consisting 
     of such amounts as may be appropriated or credited to such 
     Trust Fund as provided in this subsection or under rules 
     similar to the rules of section 9602 of the Internal Revenue 
     Code of 1986.
       (2) Transfers to trust fund.--There are hereby appropriated 
     to the H-2C Nonimmigrant Health Services Trust Fund amounts 
     equivalent to the amounts received by the Secretary of the 
     Treasury as a result of the provisions of section 218B(b)(13) 
     of the Immigration and Nationality Act.
       (3) Expenditures from trust fund.--Amounts in the H-2C 
     Nonimmigrant Health Services Trust Fund shall be available 
     only for making payments by the Secretary of Health and Human 
     Services out of the State allotments established in 
     accordance with paragraph (4) directly to eligible providers 
     for the provision of eligible services to H-2C nonimmigrants 
     to the extent that the eligible provider was not otherwise 
     reimbursed (through insurance or otherwise) for such 
     services, as determined by such Secretary. Such payments 
     shall be made under rules similar to the rules for making 
     payments to eligible providers under section 1011 of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (42 U.S.C. 1395dd).
       (4) State allotments.--Not later than January 1 of each 
     year, the Secretary of Health and Human Services shall 
     establish an allotment for each State equal to the product 
     of--
       (A) the total amount the Secretary of the Treasury notifies 
     the Secretary of Health and Human Services was appropriated 
     or credited to the H-2C Nonimmigrant Health Services Trust 
     Fund during the preceding year; and
       (B) the number of H-2C nonimmigrants employed in the State 
     during such preceding year (as determined by the Secretary of 
     Labor).
       (5) Definitions.--In this subsection:
       (A) Eligible provider; eligible services.--The terms 
     ``eligible provider'' and ``eligible services'' have the 
     meanings given those terms in section 1011(e) of the Medicare 
     Prescription Drug, Improvement, and Modernization Act of 2003 
     (42 U.S.C. 1395dd).
       (B) H-2C nonimmigrant.--The term ``H-2C nonimmigrant'' has 
     the meaning given that term in section 218A(n)(7) of the 
     Immigration and Nationality Act.
                                 ______
                                 
  SA 3313. Mr. FRIST 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. __. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES.

       Section 329 of the Immigration and Nationality Act (8 
     U.S.C. 1440) is amended--
       (1) in subsection (b),, by striking ``subsection (a)'' and 
     inserting ``subsection (a) and (d)''; and
       (2) by adding at the end the following:
       ``(d) Notwithstanding any other provision of law, except 
     for provisions relating to revocation of citizenship under 
     subsection (c), individuals who are not United States 
     citizens shall not be denied the opportunity to apply for 
     membership in the United States Armed Forces. Such 
     individuals who become active duty members of the United 
     States Armed Forces shall, consistent with subsections (a) 
     through (e) and with the approval of their chain of command, 
     be granted United States citizenship after performing at 
     least 2 years of honorable and satisfactory service on active 
     duty. Not later than 90 days after such requirements are met 
     with respect to an individual, such individual shall be 
     granted United States citizenship.
       ``(e) An alien described in subsection (d) shall be 
     naturalized without regard to the requirements of title III 
     of the Immigration and Nationality Act (8 U.S.C. 1401 et 
     seq.) and any other requirements, processes, or procedures of 
     the Immigration and Naturalization Service, if the alien--
       ``(1) filed an application for naturalization in accordance 
     with such procedures to carry out this section as may be 
     established by regulation by the Secretary of Homeland 
     Security or the Secretary of Defense;
       ``(2) demonstrates to his or her military chain of command, 
     proficiency in the English language, good moral character, 
     and knowledge of the Federal Government and United States 
     history, consistent with the requirements contained in the 
     Immigration and Nationality Act; and
       ``(3) takes the oath required under section 337 of such Act 
     (8 U.S.C. 1448 et seq.) and participates in an oath 
     administration ceremony in accordance with such Act.''.
                                 ______
                                 
  SA 3314. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her 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 477, after line 23, add the following:

             Subtitle E--Farm Worker Transportation Safety

     SEC. 651. SHORT TITLE.

       This subtitle may be cited as the ``Farm Worker 
     Transportation Safety Act''.

     SEC. 652. SEATS AND SEAT BELTS FOR MIGRANT AND SEASONAL 
                   AGRICULTURAL WORKERS.

       (a) Seats.--Except as provided in subsection (d), in 
     promulgating vehicle safety standards under the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
     et seq.) for the transportation of migrant and seasonal 
     agricultural workers by farm labor contractors, agricultural 
     employers or agricultural associations, the Secretary of 
     Labor shall ensure that each occupant or rider in, or on, any 
     vehicle subject to such standards is provided with a seat 
     that is a designated seating position (as such term is 
     defined for purposes of the Federal motor vehicle safety 
     standards issued under chapter 301 of title 49, United States 
     Code).
       (b) Seat Belts.--Each seating position required under 
     subsection (a) shall be equipped with an operational seat 
     belt, except that this subsection shall not apply with 
     respect to seating positions in buses that would otherwise 
     not be required to have seat belts under the Federal motor 
     vehicle safety standards.
       (c) Performance Requirements.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     consultation with the Secretary of Labor, shall issue minimum 
     performance requirements for the strength of seats and the 
     attachment of seats and seat belts in vehicles that are 
     converted, after being sold for purposes other than resale, 
     for the purpose of transporting migrant or seasonal 
     agricultural workers. The requirements shall provide a level 
     of safety that is as close as practicable to the level of 
     safety provided for in a vehicle that is manufactured or 
     altered for the purpose of transporting such workers before 
     being sold for purposes other than resale.
       (2) Expiration.--Effective on the date that is 7 years 
     after the date of enactment of this Act, any vehicle that is 
     or has been converted for the purpose of transporting migrant 
     or seasonal agricultural workers shall provide the same level 
     of safety as a vehicle that is manufactured or altered for 
     such purpose prior to being sold for purposes other than 
     resale.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to alter or modify the regulations contained in 
     section 500.103, or the provision pertaining to 
     transportation that is primarily on private roads in section 
     500.104(l), of title 29, Code of Federal Regulations, as in 
     effect on the date of enactment of this Act.

[[Page S2923]]

       (e) Definitions.--The definitions contained in section 3 of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1802) shall apply to this section.
       (f) Compliance Date.--Not later than 1 year after such date 
     of enactment, all vehicles subject to this Act shall be in 
     compliance with the requirements of this section.
                                 ______
                                 
  SA 3315. Mr. COLEMAN 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:

       On page 34, between lines 8 and 9, insert the following:
       (c) Northern Border Training Facility.--
       (1) In general.--The Secretary shall establish a northern 
     border training facility at Rainy River Community College in 
     International Falls, Minnesota, to carry out the training 
     programs described in this subsection.
       (2) Use of training facility.--The training facility 
     established under paragraph (1) shall be used to conduct 
     various supplemental and periodic training programs for 
     border security personnel stationed along the northern 
     international border between the United States and Canada.
       (3) Training curriculum.--The Secretary shall design 
     training curriculum to be offered at the training facility 
     through multi-day training programs involving classroom and 
     real-world applications, which shall include training in--
       (A) a variety of disciplines relating to offensive and 
     defensive skills for personnel and vehicle safety, 
     including--
       (i) firearms and weapons;
       (ii) self defense;
       (iii) search and seizure;
       (iv) defensive and high speed driving;
       (v) mobility training;
       (vi) the use of all-terrain vehicles, watercraft, aircraft 
     and snowmobiles; and
       (vii) safety issues related to biological and chemical 
     hazards;
       (B) technology upgrades and integration; and
       (C) matters relating directly to terrorist threats and 
     issues, including--
       (i) profiling;
       (ii) changing tactics;
       (iii) language;
       (iv) culture; and
       (v) communications.
       (4) 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 
     subsection.
                                 ______
                                 
  SA 3316. Mr. COLEMAN 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:

       On page 9, strike lines 2 through 9, and insert the 
     following:
       (a) Acquisition.--Subject to the availability of 
     appropriations, the Secretary shall--
       (1) 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; and
       (2) acquire and utilize real time, high-resolution, multi-
     spectral, precisely-rectified digital aerial imagery to 
     detect physical changes and patterns in the landscape along 
     the northern or southern international border of the United 
     States to identify uncommon passage ways used by aliens to 
     illegally enter the United States.
                                 ______
                                 
  SA 3317. Mr. FRIST 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. __. STUDIES AND REPORTS ON ILLEGAL IMMIGRATION FROM 
                   MEXICO.

       (a) Studies.--Not later than 1 year after the date of the 
     enactment of this Act, and once every 5 years thereafter, the 
     Secretary of State, in cooperation with the Secretary, shall 
     conduct a study--
       (1) to identify the geographic areas in Mexico from which--
       (A) large numbers of residents are leaving to enter the 
     United States in violation of Federal immigration law; and
       (B) large percentages of the population of such areas are 
     leaving to enter the United States in violation of Federal 
     immigration law; and
       (2) to analyze the social, political, and economic 
     conditions in the geographic areas identified under paragraph 
     (1) that contribute to illegal immigration into the United 
     States.
       (b) Reports.--Not later than 16 months after the date of 
     the enactment of this Act, and every 5 years thereafter, the 
     Secretary of State shall submit to Congress a report that--
       (1) describes the results of the study conducted under 
     subsection (a); and
       (2) provides recommendations on how the Government of the 
     United States can improve the conditions described in 
     subsection (a)(2).
       (c) Immigration Impact Focus Areas.--
       (1) Designation.--Based on the results of each study 
     conducted under subsection (a) and subject to paragraph (2), 
     the Administrator of the United States Agency for 
     International Development, in consultation with the Secretary 
     of State, the Secretary, and appropriate officials of the 
     Government of Mexico, shall designate not more than 4 
     geographic areas within Mexico as Immigration Impact Focus 
     Areas.
       (2) Population limits.--An area may not be designated as an 
     Immigration Impact Focus Area under paragraph (1) unless the 
     population of such area is--
       (A) not less than 0.5 percent of the total population of 
     Mexico; and
       (B) not more than 5.0 percent of the total population of 
     Mexico.
       (d) Development Assistance Plan.--The Administrator of the 
     United States Agency for International Development, in 
     consultation with the Secretary of State, shall develop a 
     plan to concentrate, to the extent practicable, economic 
     development and humanitarian assistance provided to Mexico in 
     the Immigration Impact Focus Areas designated under 
     subsection (c)(1).
                                 ______
                                 
  SA 3318. Mr. LEVIN (for himself and Ms. Stabenow) 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:

       On page 51, between lines 18 and 19, insert the following:

     SEC. 13_. SCREENING OF MUNICIPAL SOLID WASTE.

       (a) Definitions.--In this section:
       (1) Bureau.--The term `` Bureau'' means the Bureau of 
     Customs and Border Protection.
       (2) Commercial motor vehicle.--The term ``commercial motor 
     vehicle'' has the meaning given the term in section 31101 of 
     title 49, United States Code.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau.
       (4) Municipal solid waste.--The term ``municipal solid 
     waste'' includes sludge (as defined in section 1004 of the 
     Solid Waste Disposal Act (42 U.S.C. 6903)).
       (b) Reports to Congress.--Not later than 90 days after the 
     date of enactment of this Act, the Commissioner shall submit 
     to Congress a report that--
       (1) indicates whether the methodologies and technologies 
     used by the Bureau to screen for and detect the presence of 
     chemical, nuclear, biological, and radiological weapons in 
     municipal solid waste are as effective as the methodologies 
     and technologies used by the Bureau to screen for those 
     materials in other items of commerce entering the United 
     States through commercial motor vehicle transport; and
       (2) if the report indicates that the methodologies and 
     technologies used to screen municipal solid waste are less 
     effective than those used to screen other items of commerce, 
     identifies the actions that the Bureau will take to achieve 
     the same level of effectiveness in the screening of municipal 
     solid waste, including actions necessary to meet the need for 
     additional screening technologies.
       (c) Impact on Commercial Motor Vehicles.--If the 
     Commissioner fails to fully implement an action identified 
     under subsection (b)(2) before the earlier of the date that 
     is 180 days after the date on which the report under 
     subsection (b) is required to be submitted or the date that 
     is 180 days after the date on which the report is submitted, 
     the Secretary shall deny entry into the United States of any 
     commercial motor vehicle carrying municipal solid waste until 
     the Secretary certifies to Congress that the methodologies 
     and technologies used by the Bureau to screen for and detect 
     the presence of chemical, nuclear, biological, and 
     radiological weapons in municipal solid waste are as 
     effective as the methodologies and technologies used by the 
     Bureau to screen for those materials in other items of 
     commerce entering into the United States through commercial 
     motor vehicle transport.
                                 ______
                                 
  SA 3319. Mr. LEVIN (for himself, Mr. Kennedy, and Ms. Stabenow) 
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:

       On page 55, strike lines 5 through 7 and insert the 
     following:
       (a) Denial or Termination of Asylum.--Section 208 (8 U.S.C. 
     1158) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(A)(v), by striking ``or (VI)'' and 
     inserting ``(V), (VI), (VII), or (VIII)''; and
       (B) by adding at the end the following:
       ``(4) Changed country conditions.--An alien seeking asylum 
     based on persecution or a well-founded fear of persecution 
     shall not be denied asylum based on changed country 
     conditions unless fundamental and lasting changes have 
     stabilized the country of the alien's nationality.''; and

[[Page S2924]]

       (2) in subsection (c)(2)(A), by striking ``a fundamental 
     change in circumstances'' and inserting ``fundamental and 
     lasting changes that have stabilized the country of the 
     alien's nationality''.
                                 ______
                                 
  SA 3320. Mr. OBAMA 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:

       Strike title III and insert the following:

                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 that the alien is 
     an unauthorized alien with respect to such employment; or
       ``(B) to hire, or to recruit or refer for a fee, for 
     employment in the United States an individual unless such 
     employer meets the requirements of subsections (c) and (d).
       ``(2) Continuing employment.--It is unlawful for an 
     employer, after lawfully hiring an alien for employment, to 
     continue to employ the alien in the United States knowing 
     that the alien is (or has become) an unauthorized alien with 
     respect to such employment.
       ``(3) Use of labor through contract.--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 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.--A 
     rebuttable presumption is created for the purpose of a civil 
     enforcement proceeding that an employer knowingly violated 
     paragraph (1)(A) if the Secretary determines that--
       ``(A) the employer hired 50 or more new employees during a 
     calendar year and that at least 10 percent of new employees 
     hired in the calendar year by the employer were unauthorized 
     aliens; or
       ``(B) the employer hired less than 50 new employees during 
     a calendar year and that 5 new employees hired by the 
     employer in the calendar year were unauthorized aliens.
       ``(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 recordkeeping practices with 
     respect to such certification, and procedures for the audit 
     of any records related to such certification.
       ``(c) Document Verification Requirements.--An employer 
     hiring, or recruiting or referring for a fee, an individual 
     for employment in the United States shall 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 a document if the document examined 
     reasonably appears on its face to be genuine. If an 
     individual provides a document (or combination of documents) 
     that reasonably appears on its face to be genuine and that is 
     sufficient to meet the requirement of clause (i), nothing in 
     this paragraph may be construed as requiring the employer to 
     solicit the production of any other document or as requiring 
     the individual to produce such another document.
       ``(iv) Requirements for employment eligibility system 
     participants.--A participant in the Electronic Employment 
     Verification System established under subsection (d), 
     regardless of whether such participation is voluntary or 
     mandatory, shall be permitted to utilize any technology that 
     is consistent with this section and with any regulation or 
     guidance from the Secretary to streamline the procedures to 
     comply with the attestation requirement, and to comply with 
     the employment eligibility verification requirements 
     contained in this section.
       ``(B) Documents establishing both employment eligibility 
     and identity.--A document described in this subparagraph is 
     an individual's--
       ``(i) United States passport; or
       ``(ii) permanent resident card or other document designated 
     by the Secretary, if the document--

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

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

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

       ``(D) Documents establishing identity of individual.--A 
     document described in this subparagraph is an individual's--
       ``(i) driver's license or identity card issued by a State, 
     the Commonwealth of the Northern Mariana Islands, or an 
     outlying possession of the United States provided that such a 
     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 such license or 
     card resistant to tampering, counterfeiting, or fraudulent 
     use;

       ``(ii) 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

       ``(iii) in the case of an individual who is under 16 years 
     of age who is unable to present a document described in 
     clause (i) or (ii), 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.--

[[Page S2925]]

       ``(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 recruiting or referral for a fee of an 
     individual, 3 years after the date of the recruiting or 
     referral; or
       ``(B) in the case of the hiring of an individual the later 
     of--
       ``(i) 3 years after the date of such hiring;
       ``(ii) 1 year after the date of the individual's employment 
     is terminated; or
       ``(iii) in the case of an employer or class of employers, a 
     period that is less than the applicable period described in 
     clause (i) or (ii) if the Secretary reduces such period for 
     such employer or class of employers.
       ``(4) Document retention and recordkeeping requirements.--
       ``(A) Retention of documents.--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 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.
       ``(C) 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.--
       ``(i) In general.--The Secretary shall, through the System, 
     tentatively confirm or nonconfirm an individual's identity 
     and eligibility for employment in the United States not later 
     than 1 working day after an employer submits an inquiry 
     regarding the individual.
       ``(ii) Manual verification.--If a tentative nonconfirmation 
     is provided for an individual under clause (i), the 
     Secretary, through the System, shall conduct a secondary 
     manual verification not later than 9 working days after such 
     tentative nonconfirmation is made.
       ``(iii) Notices.--Not later than 10 working 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, through a 
     verification described in clause (i) or (ii), the 
     individual's identity and eligibility for employment in the 
     United States, an appropriate code indicating such 
     confirmation; or
       ``(II) if the System is unable to confirm, through a 
     verification described in clause (i) or (ii), the 
     individual's identity or eligibility for employment in the 
     United States, an appropriate code indicating such tentative 
     nonconfirmation.

       ``(iv) Default confirmation in case of system failure.--If 
     the Secretary, through the System, fails to provide a notice 
     described in clause (iii) for an individual within the period 
     described in such clause, an appropriate code indicating 
     confirmation shall be provided to the employer. Such 
     confirmation shall remain in effect for the individual until 
     the Secretary, through the System, provides a notice that--

       ``(I) the System is unable to confirm the individual's 
     identity; or
       ``(II) the individual is ineligible for employment in the 
     United States.

       ``(C) Verification process in case of a tentative 
     nonconfirmation notice.--
       ``(i) In general.--If a tentative nonconfirmation notice is 
     issued under subparagraph (B)(iii)(II), not later than 10 
     working 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 to the employer an 
     appropriate code indicating final confirmation or final 
     nonconfirmation.
       ``(ii) Default confirmation in case of system failure.--If 
     the Secretary, through the System, fails to confirm or 
     tentatively nonconfirm the individual's identity and 
     eligibility for employment in the United States within the 
     period described in clause (i), an appropriate code 
     indicating confirmation shall be provided to the employer. 
     Such confirmation shall remain in effect for the individual 
     until the Secretary, through the System, provides a notice 
     that--

       ``(I) the System is unable to confirm the individual's 
     identity; or
       ``(II) the individual is ineligible for employment in the 
     United States.

       ``(iii) 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) Right to appeal final nonconfirmation.--The 
     individual shall have the right to an administrative or 
     judicial appeal of a notice of final nonconfirmation. The 
     Secretary shall consult with the Commissioner of Social 
     Security to develop a process for such appeals.
       ``(E) 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 during use, transmission, storage, or 
     disposal of that information, including the use of 
     encryption, carrying out periodic stress testing of the 
     System to detect, prevent, and respond to vulnerabilities or 
     other failures, and utilizing periodic security updates;
       ``(v) to allow for monitoring of the use of the System and 
     provide an audit capability;
       ``(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; and
       ``(vii) to permit individuals--

       ``(I) to view their own records in order to ensure the 
     accuracy of such records; and
       ``(II) to contact the appropriate agency to correct any 
     errors through an expedited process established by the 
     Secretary, in consultation and coordination with the 
     Commissioner of Social Security.

       ``(F) Limitation on data elements stored.--The System and 
     any databases created by the Commissioner of Social Security 
     or the Secretary to achieve confirmation, tentative 
     nonconfirmation, or final nonconfirmation under the System 
     shall store only the minimum data about each individual for 
     whom an inquiry was made to facilitate the successful 
     operation of the System, and in no case shall the data stored 
     be other than--
       ``(i) the individual's full legal name;
       ``(ii) the individual's date of birth;
       ``(iii) the individual's social security account number, or 
     employment authorization status identification number;
       ``(iv) the address of the employer making the inquiry and 
     the dates of any prior inquiries concerning the identity and 
     authorization of the employee by the employer or any other 
     employer and the address of such employer;
       ``(v) a record of each prior confirmation, tentative 
     nonconfirmation, or final nonconfirmation made by the System 
     for such individual; and

[[Page S2926]]

       ``(vi) in the case of the individual successfully 
     contesting a prior tentative nonconfirmation, explanatory 
     information concerning the successful resolution of any 
     erroneous data or confusion regarding the identity or 
     eligibility for employment of the individual, including the 
     source of that error.
       ``(G) Responsibilities of the commissioner of social 
     security.--The Commissioner of Social Security shall 
     establish a reliable, secure method to provide through the 
     System, within the time periods required by subparagraphs (B) 
     and (C)--
       ``(i) a determination of whether the name and social 
     security account number provided in an inquiry by an employer 
     match such information maintained by the Commissioner in 
     order to confirm the validity of the information provided;
       ``(ii) determination of the citizenship status associated 
     with such name and social security account number, according 
     to the records maintained by the Commissioner; and
       ``(iii) 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.
       ``(H) 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.
       ``(I) Office of electronic verification.--
       ``(i) In general.--The Secretary shall establish the Office 
     of Electronic Verification in the Bureau of Citizenship and 
     Immigration Services.
       ``(ii) Responsibilities.--Subject to available 
     appropriations, the Office of Electronic Verification shall 
     work with the Commissioner of Social Security--

       ``(I) to update the information maintained in the System in 
     a manner that promotes maximum accuracy;
       ``(II) to provide a process for correcting erroneous 
     information by registering not less than 97 percent of the 
     new information and information changes submitted by 
     employees within all relevant databases within 24 hours after 
     submission and registering not less than 99 percent of such 
     information within 10 working days after submission;
       ``(III) to ensure that at least 99 percent of the data 
     received from field offices of the Bureau of Customs and 
     Border Protection and from other points of contact between 
     immigrants and the Department of Homeland Security is 
     registered within all relevant databases within 24 hours 
     after receipt;
       ``(IV) to ensure that at least 99 percent of the data 
     received from field offices of the Social Security 
     Administration and other points of contact between citizens 
     and the Social Security Administration is registered within 
     all relevant databases within 24 hours after receipt;
       ``(V) to employ a sufficient number of manual status 
     verifiers to resolve 99 percent of the tentative 
     nonconfirmations within 3 days;
       ``(VI) to establish and promote call-in help lines 
     accessible to employers and employees on a 24-hour basis with 
     questions about the functioning of the System or about the 
     specific issues underlying a tentative nonconfirmation;
       ``(VII) to establish an outreach and education program to 
     ensure that all new employers are fully informed of their 
     responsibilities under the System; and
       ``(VIII) to conduct a random audit of a substantial 
     percentage of workers' files in a database maintained by an 
     agency or department of the United States each year to 
     determine accuracy rates and require corrections of errors in 
     a timely manner.

       ``(J) Right to review system information and appeal 
     erroneous nonconfirmations.--Any individual who contests a 
     tentative nonconfirmation or final nonconfirmation may review 
     and challenge the accuracy of the data elements and 
     information within the System upon, which such a 
     nonconfirmation was based. Such a challenge may include the 
     ability to submit additional information or appeal any final 
     nonconfirmation to the Office of Electronic Verification. The 
     Office of Electronic Verification shall review any such 
     information submitted pursuant to such a challenge and issue 
     a response and decision concerning the appeal within 7 days 
     of the filing of such a challenge. The Office of Electronic 
     Verification shall at least annually study and issue findings 
     concerning the most common causes for erroneous 
     nonconfirmations and issue recommendations concerning the 
     resolution of such causes.
       ``(K) Privacy impact assessment.--The Commissioner of 
     Social Security and the Secretary shall each complete a 
     privacy impact assessment as described in section 208 of the 
     E-Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 
     note) with regard to the System.
       ``(L) Training.--The Commissioner of Social Security and 
     the Secretary shall provide appropriate training materials to 
     participating employers to ensure such employers are able to 
     utilize the System in compliance with the requirements of 
     this section.
       ``(M) Hotline.--The Secretary shall establish a fully 
     staffed 24-hour hotline to receive inquiries by employees 
     concerning tentative nonconfirmations and final 
     nonconfirmations and shall identify for employees, at the 
     time of inquiry, the particular data that resulted on the 
     issuance of a nonconfirmation notice under the System.
       ``(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.--

       ``(I) Designation.--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 designate, in the 
     Secretary's sole and unrevieweable discretion, an employer or 
     class of employers under this subclause if the Secretary 
     determines such employer or class of employers is part of the 
     critical infrastructure of the United States or directly 
     related to the national security or homeland security of the 
     United States.
       ``(II) Participation.--Not later than 180 days after the 
     date an employer or class of employers is designated under 
     subclause (I), the Secretary shall require such employer or 
     class of employers to participate in the System, with respect 
     to employees hired by the employer on or after the date of 
     the enactment of the Comprehensive Immigration Reform Act of 
     2006.

       ``(ii) Discretionary participation.--

       ``(I) Designation.--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 designate, in the 
     Secretary's sole and unreviewable discretion, an employer or 
     class of employers under this subclause if the Secretary 
     determines such employer or class of employers as a critical 
     employer based on immigration enforcement or homeland 
     security needs.
       ``(II) Participation.--Not later than 180 days after the 
     date an employer or class of employers is designated under 
     subclause (I), the Secretary may require such employer or 
     class of employers to participate in the System, with respect 
     to employees hired on or after the date of the enactment of 
     the Comprehensive Immigration Reform Act of 2006.

       ``(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 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 
     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 (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 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.
       ``(5) Waiver.--
       ``(A) Authority to provide a 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.
       ``(B) Requirement to provide a waiver.--The Secretary shall 
     waive or delay the participation requirements of paragraph 
     (3) with respect to any employer or class of employers until 
     the date that the Comptroller General of the United States 
     submits the initial certification described in paragraph 
     (13)(E) and shall waive or delay such participation during a 
     year if the Comptroller General fails to submit a 
     certification of paragraph (13)(E) for such year.
       ``(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--

[[Page S2927]]

       ``(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, of any individual for employment in the 
     United States, shall--
       ``(i) notify employees of the employer and prospective 
     employees to whom the employer has extended a job offer that 
     the employer participates in the System and that the System 
     may be used for immigration enforcement purposes;
       ``(ii) 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;

       ``(iii) retain such form in electronic format, paper, 
     microfilm, or microfiche and make such a form available for 
     inspection for the periods and in the manner described in 
     subsection (c)(3); and
       ``(iv) safeguard any information collected for purposes of 
     the System and protect any means of access to such 
     information to ensure that such information is not used for 
     any other purpose and to protect the confidentiality of such 
     information, including ensuring that such information is not 
     provided to any person other than a person that carries out 
     the employer's responsibilities under this subsection.
       ``(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 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).
       ``(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 shall provide the 
     individual with information about the right to contest the 
     tentative nonconfirmation and contact information for the 
     appropriate agency to file such contest.

       ``(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. An individual's 
     failure to contest a tentative nonconfirmation may not be the 
     basis for determining that the individual acted in a knowing 
     (as defined in section 274a.1 of title 8, Code of Federal 
     Regulations, or any corresponding similar regulation) manner.
       ``(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 working 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 subclause (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. If the employer continues to 
     employ, recruit, or refer the individual after receiving 
     final nonconfirmation, a rebuttable presumption is created 
     that the employer has violated subsections (a)(1)(A) and 
     (a)(2). Such presumption may not apply to a prosecution under 
     subsection (f)(1).
       ``(ii) Assistance in immigration enforcement.--If an 
     employer has received a final nonconfirmation which is not 
     the result of the individual's failure to contest a tentative 
     nonconfirmation in subparagraph (C)(ii)(II), the 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.
       ``(E) Unlawful use of system.--It shall be an unlawful 
     immigration-related employment practice for an employer--
       ``(i) to use the System prior to an offer of employment;
       ``(ii) to use the System selectively to exclude certain 
     individuals from consideration for employment as a result of 
     a perceived likelihood that additional verification will be 
     required, beyond what is required for most applicants;
       ``(iii) to terminate or undertake any adverse employment 
     action based on a tentative nonconfirmation described in 
     paragraph (2)(B)(iii)(II); or
       ``(iv) to reverify the employment authorization of hire 
     employees after the 3 days of the employee's hire and after 
     the employee has satisfied the eligibility verification 
     provisions of subsection (b)(1) or to reverify employees 
     hired before the date that the person or entity is required 
     to participate in the System.
       ``(F) Prohibition of unlawful accessing and obtaining of 
     information.--
       ``(i) Improper access.--It shall be unlawful for any 
     individual, other than the government employees authorized in 
     this subsection, to intentionally and knowingly access the 
     System or the databases utilized to verify identity or 
     employment authorization for the System for any purpose other 
     than verifying identity or employment authorization or 
     modifying the System pursuant to law or regulation. Any 
     individual who unlawfully accesses the System or the 
     databases or shall be fined no less than $1,000 for each 
     individual whose file was compromised or sentenced to less 
     than 6 months imprisonment for each individual whose file was 
     compromised.
       ``(ii) Identity theft.--It shall be unlawful for any 
     individual, other than the government employees authorized in 
     this subsection, to intentionally and knowingly obtain the 
     information concerning an individual stored in the System or 
     the databases utilized to verify identity or employment 
     authorization for the System for any purpose other than 
     verifying identity or employment authorization or modifying 
     the System pursuant to law or regulation. Any individual who 
     unlawfully obtains such information and uses it to commit 
     identity theft for financial gain or to evade security or to 
     assist another in gaining financially or evading security, 
     shall be fined no less than $10,000 for each individual whose 
     information was obtained and misappropriated sentenced to not 
     less than 1 year of imprisonment for each individual whose 
     information was obtained and misappropriated.
       ``(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) Access to database.--No officer or employee of any 
     agency or department of the United States, other than such an 
     officer or employee who is responsible for the verification 
     of employment eligibility or for the evaluation of an 
     employment eligibility verification program at the Social 
     Security Administration, the Department of Homeland Security, 
     and the Department of Labor, may have access to any 
     information, database, or other records utilized by the 
     System.
       ``(11) 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.
       ``(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.
       ``(13) Annual study and report.--
       ``(A) Requirement for study.--The Comptroller General of 
     the United States shall conduct an annual study of the System 
     as described in this paragraph.
       ``(B) Purpose of the study.--The Comptroller General shall, 
     for each year, undertake a study to determine whether the 
     System meets the following requirements:
       ``(i) Demonstrated accuracy of the databases.--New 
     information and information changes submitted by employees to 
     the System is updated in all of the relevant databases within 
     3 working days of submission in at least 99 percent of all 
     cases.

[[Page S2928]]

       ``(ii) Low error rates and delays in verification.--

       ``(I) That, during a year, the System provides incorrect 
     tentative nonconfirmation notices under paragraph (2)(B)(ii) 
     for no more than 1 percent of all such notices sent during 
     such year.
       ``(II) That, during a year, the System provides incorrect 
     final nonconfirmation notices under paragraph (2)(C)(i) for 
     no more than 3 percent of all such notices sent during such 
     year.
       ``(III) That the number of incorrect tentative 
     nonconfirmation notices under paragraph (2)(B)(ii) provided 
     by the System during a year for individuals who are not 
     citizens of the United States is not more than 300 percent 
     more than the number of such incorrect notices sent to 
     citizens of the United States during such year.
       ``(IV) That the number of final nonconfirmation notices 
     under paragraph (2)(C)(i) provided by the System during a 
     year for individuals who are not citizens of the United 
     States is not more than 300 percent more than the number of 
     such incorrect notices sent to citizens of the United States 
     during such year.

       ``(iii) Limited implementation costs to employers.--No 
     employer is required to spend more than $10 to verify the 
     identity and employment eligibility of an individual through 
     the system in any year, including the costs of all staff, 
     training, materials, or other related costs of participation 
     in the System.
       ``(iv) Measurable employer compliance with system 
     requirements.--

       ``(I) The System has not and will not result in increased 
     discrimination or cause reasonable employers to conclude that 
     employees of certain races or ethnicities are more likely to 
     have difficulties when offered employment caused by the 
     operation of the System.
       ``(II) The determination described in subclause (I) is 
     based on an independent study commissioned by the Comptroller 
     General in each phase of expansion of the System that 
     includes the use of testers.

       ``(v) Protection of workers' private information.--At least 
     97 percent of employers who participate in the System are in 
     full compliance with the privacy requirements described in 
     this subsection.
       ``(vi) Adequate agency staffing and funding.--The Secretary 
     and Commissioner of Social Security have sufficient funding 
     to meet all of the deadlines and requirements of this 
     subsection.
       ``(C) Consultation.--In conducting a study under this 
     paragraph, the Comptroller General shall consult with 
     representatives from business, labor, immigrant communities, 
     State governments, privacy advocates, and appropriate 
     executive branch agencies.
       ``(D) Requirement for reports.--Not later that 180 days 
     after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006, and annually thereafter, the 
     Comptroller General shall submit to the Secretary and to 
     Congress a report containing the findings of the study 
     carried out under this paragraph. Each report shall include 
     any certification made under subparagraph (E) and, at a 
     minimum, the following:
       ``(i) An assessment of the impact of the System on the 
     employment of unauthorized workers, including whether it has 
     indirectly caused an increase in exploitation of unauthorized 
     workers.
       ``(ii) An assessment of the accuracy of databases employed 
     by the System and of the timeliness and accuracy of the 
     System's responses to employers.
       ``(iii) An assessment of the privacy and confidentiality of 
     the System and of its overall security with respect to cyber 
     theft and theft or misuse of private data.
       ``(iv) An assessment of whether the System is being 
     implemented in a nondiscriminatory and non-retaliatory 
     manner.
       ``(v) Recommendations regarding whether or not the System 
     should be modified prior to further expansion.
       ``(E) Certification.--If the Comptroller General determines 
     that the System meets the requirements described in 
     subparagraph (B) for a year, the Comptroller shall certify 
     such determination and submit such certification to Congress 
     with the report required by subparagraph (D).
       ``(14) Sunset provision.--Mandatory participation in the 
     System shall be discontinued 6 years after the date of the 
     enactment of the Comprehensive Immigration Reform Act of 2006 
     unless Congress reauthorizes such participation.
       ``(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 
     during the 2-year period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $4,000 and 
     not more than $10,000 for each unauthorized alien with 
     respect to each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 2-year period preceding the violation under 
     this subparagraph or has failed to comply with a previously 
     issued and final order related to any such provision, pay a 
     civil penalty of not less than $6,000 and not more than 
     $20,000 for each unauthorized alien with respect to each such 
     violation.
       ``(B) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     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 
     during the 2-year period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $400 and 
     not more than $4,000 for each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 2-year period preceding the violation under 
     this subparagraph or has failed to comply with a previously 
     issued and final order related to such requirements, pay a 
     civil penalty of $6,000 for each such violation.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary

[[Page S2929]]

     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 any 
     appropriate district court of the United States for review of 
     the order. The filing of a petition as provided in this 
     paragraph shall stay the Secretary's determination until the 
     appeal process is completed. The burden shall be on the 
     employer to show that the final determination was not 
     supported by a preponderance of the 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, no earlier than 46 days, but no later 
     than 90 days, after the date the final determination is 
     issued, in any appropriate district court of the United 
     States. The burden shall remain on the employer to show that 
     the final determination was not supported by a preponderance 
     of the evidence.
       ``(7) Recovery of costs and attorneys' fees.--In any appeal 
     brought under paragraph (5) by an employer or suit brought 
     under paragraph (6) against an employer, the employer shall 
     be entitled to recover from the Department of Homeland 
     Security reasonable costs and attorneys' fees if such 
     employer substantially prevails on the merits of the case. An 
     award of such attorneys' fees may not exceed $25,000. Any 
     costs and attorneys' fees assessed against the Department of 
     Homeland Security under this paragraph shall be charged 
     against the operating expenses of the Department for the 
     fiscal year in which the assessment is made, and shall not be 
     reimbursed from any other source.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 6 months for the entire 
     pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting such relief, including 
     a permanent or temporary injunction, restraining order, or 
     other order against the employer, as the Secretary deems 
     necessary.
       ``(g) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referring for a fee, of an individual, 
     to require the individual to post a bond or security, to pay 
     or agree to pay an amount, or otherwise to provide a 
     financial guarantee or indemnity, against any potential 
     liability arising under this section relating to such hiring, 
     recruiting, or referring of the individual.
       ``(2) Civil penalty.--Any employer which is determined, 
     after notice and opportunity for mitigation of the monetary 
     penalty under subsection (e), to have violated paragraph (1) 
     of this subsection shall be subject to a civil penalty of 
     $2,000 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, the deposit of such amounts as miscellaneous 
     receipts in the general fund.
       ``(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 may 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, may 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 imposing civil or criminal sanctions 
     upon those who employ, or recruit or refer for a fee for 
     employment, unauthorized aliens.
       ``(j) Definitions.--In this section:
       ``(1) Employer.--The term `employer' means any person or 
     entity, including any entity of the Government of the United 
     States, hiring, recruiting, or referring an individual for 
     employment in the United States.
       ``(2) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(3) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary.''.
       (b) Conforming Amendments.--
       (1) Amendments.--Sections 401, 402, 403, 404, and 405 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
     1324a) are repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under such sections 
     401, 402, 403, 404, and 405 in the Electronic Employment 
     Verification System established pursuant to such subsection 
     (d).
       (c) Technical Amendments.--
       (1) Definition of unauthorized alien.--Sections 218(i)(1) 
     (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
     274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) 
     (8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' 
     and inserting ``274A''.
       (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
     is amended--
       (A) in subsections (a)(6) and (g)(2)(B), by striking 
     ``274A(b)'' and inserting ``274A(d)''; and
       (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' 
     and inserting ``274A(d)''.
       (d) Authorization of Appropriations.--
       (1) Commissioner of social security.--There are authorized 
     to be appropriated to the Commissioner of Social Security for 
     each of the fiscal years 2007 through 2011 such sums as may 
     be necessary to carry out the responsibilities of the 
     Commission under section 274A of the Immigration and 
     Nationality Act, as amended by subsection (a).
       (2) Secretary of homeland security.--There are authorized 
     to be appropriated to

[[Page S2930]]

     the Secretary for each of the fiscal years 2007 through 2011 
     such sums as may be necessary to carry out section 274A of 
     the Immigration and Nationality Act, as amended by section 
     301(a).
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall take effect on the date that is 180 
     days after the date of the enactment of this Act.

     SEC. 302. 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. 303. CLARIFICATION OF INELIGIBILITY FOR 
                   MISREPRESENTATION.

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

     SEC. 304. ANTIDISCRIMINATION PROTECTIONS.

       (a) Application of Prohibition of Discrimination to 
     Verification System.--Section 274B(a)(1) (8 U.S.C. 
     1324b(a)(1)) is amended by inserting ``, the verification of 
     the individual's work authorization through the Electronic 
     Employment Verification System described in section 
     274A(d),'' after ``the individual for employment''.
       (b) Classes of Aliens as Protected Individuals.--Section 
     274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as 
     follows:
       ``(B) is an alien who is--
       ``(i) lawfully admitted for permanent residence;
       ``(ii) granted the status of an alien lawfully admitted for 
     temporary residence under section 210(a) or 245(a)(1);
       ``(iii) admitted as a refugee under section 207;
       ``(iv) granted asylum under section 208;
       ``(v) granted the status of a nonimmigrant under section 
     101(a)(15)(H)(ii)(c);
       ``(vi) granted temporary protected status under section 
     244; or
       ``(vii) granted parole under section 212(d)(5).''.
       (c) Requirements for Electronic Employment Verification.--
     Section 274B(a) (8 U.S.C. 1324b(a)) is amended by adding at 
     the end the following:
       ``(7) Antidiscrimination requirements of the electronic 
     employment verification system.--It is an unfair immigration-
     related employment practice for a person or other entity, in 
     the course of the electronic verification process described 
     in section 274A(d)--
       ``(A) to terminate or undertake any adverse employment 
     action due to a tentative nonconfirmation;
       ``(B) to use the verification system for screening of an 
     applicant prior to an offer of employment;
       ``(C) except as described in section 274A(d)(4)(B), to use 
     the verification system for a current employee after the 
     first 3 days of employment, or for the reverification of an 
     employee after the employee has satisfied the process 
     described in section 274A(b).''.
       (d) Increase in Civil Money Penalties.--Section 274B(g)(2) 
     (8 U.S.C. 1324b(g)(2)) is amended--
       (1) in subparagraph (B)(iv)--
       (A) in subclause (I), by striking ``$250 and not more than 
     $2,000'' and inserting ``$1,000 and not more than $4,000'';
       (B) in subclause (II), by striking ``$2,000 and not more 
     than $5,000'' and inserting ``$4,000 and not more than 
     $10,000'';
       (C) in subclause (III), by striking ``$3,000 and not more 
     than $10,000'' and inserting ``$6,000 and not more than 
     $20,000''; and
       (D) in subclause (IV), by striking ``$100 and not more than 
     $1,000'' and inserting ``$500 and not more than $5,000''.
       (e) Increased Funding of Information Campaign.--Section 
     274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by inserting 
     ``and an additional $40,000,000 for each of fiscal years 2007 
     through 2009'' before the period at the end.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to violations occurring on or after such 
     date.
                                 ______
                                 
  SA 3321. Mr. OBAMA (for himself and Mrs. Feinstein) 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:

       Strike title IV and insert the following:

            TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

                  Subtitle A--Temporary Guest Workers

     SEC. 401. IMMIGRATION IMPACT STUDY.

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

     SEC. 402. NONIMMIGRANT TEMPORARY WORKER.

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

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

[[Page S2931]]

       ``(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--
       ``(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--

[[Page S2932]]

       ``(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.
       ``(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

[[Page S2933]]

     experience and qualifications for the specific employment in 
     question; or
       ``(ii) the prevailing wage level for the occupational 
     classification in the area of employment, taking into account 
     experience and skill levels of employees.
       ``(B) Calculation.--The wage levels under subparagraph (A) 
     shall be calculated based on the best information available 
     at the time of the filing of the application.
       ``(C) Prevailing wage level.--For purposes of subparagraph 
     (A)(ii), the prevailing wage level shall be determined in 
     accordance as follows:
       ``(i) If the job opportunity is covered by a collective 
     bargaining agreement between a union and the employer, the 
     prevailing wage shall be the wage rate set forth in the 
     collective bargaining agreement.
       ``(ii) If the job opportunity is not covered by such an 
     agreement and it is in an occupation that is covered by a 
     wage determination under a provision of subchapter IV of 
     chapter 31 of title 40, United States Code, or the Service 
     Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing 
     wage level shall be the appropriate statutory wage.
       ``(iii)(I) If the job opportunity is not covered by such an 
     agreement and it is in an occupation that is not covered by a 
     wage determination under a provision of subchapter IV of 
     chapter 31 of title 40, United States Code, or the Service 
     Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing 
     wage level shall be based on published wage data for the 
     occupation from the Bureau of Labor Statistics, including the 
     Occupational Employment Statistics survey, Current Employment 
     Statistics data, National Compensation Survey, and 
     Occupational Employment Projections program. If the Bureau of 
     Labor Statistics does not have wage data applicable to such 
     occupation, the employer may base the prevailing wage level 
     on another wage survey approved by the Secretary of Labor.
       ``(II) The Secretary shall promulgate regulations 
     applicable to approval of such other wage surveys that 
     require, among other things, that the Bureau of Labor 
     Statistics determine such surveys are statistically viable.
       ``(3) Working conditions.--All workers in the occupation at 
     the place of employment at which the H-2C nonimmigrant will 
     be employed will be provided the working conditions and 
     benefits that are normal to workers similarly employed in the 
     area of intended employment.
       ``(4) Labor dispute.--There is not a strike, lockout, or 
     work stoppage in the course of a labor dispute in the 
     occupation at the place of employment at which the H-2C 
     nonimmigrant will be employed. If such strike, lockout, or 
     work stoppage occurs following submission of the petition, 
     the employer will provide notification in accordance with 
     regulations promulgated by the Secretary of Labor.
       ``(5) Provision of insurance.--If the position for which 
     the H-2C nonimmigrant is sought is not covered by the State 
     workers' compensation law, the employer will provide, at no 
     cost to the H-2C nonimmigrant, insurance covering injury and 
     disease arising out of, and in the course of, the worker's 
     employment, which will provide benefits at least equal to 
     those provided under the State workers' compensation law for 
     comparable employment.
       ``(6) Notice to employees.--
       ``(A) In general.--The employer has provided notice of the 
     filing of the petition to the bargaining representative of 
     the employer's employees in the occupational classification 
     and area of employment for which the H-2C nonimmigrant is 
     sought.
       ``(B) No bargaining representative.--If there is no such 
     bargaining representative, the employer has--
       ``(i) posted a notice of the filing of the petition in a 
     conspicuous location at the place or places of employment for 
     which the H-2C nonimmigrant is sought; or
       ``(ii) electronically disseminated such a notice to the 
     employer's employees in the occupational classification for 
     which the H-2C nonimmigrant is sought.
       ``(7) Recruitment.--Except where the Secretary of Labor has 
     determined that there is a shortage of United States workers 
     in the occupation and area of intended employment for which 
     the H-2C nonimmigrant is sought--
       ``(A) there are not sufficient workers who are able, 
     willing, and qualified, and who will be available at the time 
     and place needed, to perform the labor or services involved 
     in the petition; and
       ``(B) good faith efforts have been taken to recruit United 
     States workers, in accordance with regulations promulgated by 
     the Secretary of Labor, which efforts included--
       ``(i) the completion of recruitment during the period 
     beginning on the date that is 90 days before the date on 
     which the petition was filed with the Department of Homeland 
     Security and ending on the date that is 14 days before such 
     filing date; and
       ``(ii) the actual wage paid by the employer for the 
     occupation in the areas of intended employment was used in 
     conducting recruitment.
       ``(8) Ineligibility.--The employer is not currently 
     ineligible from using the H-2C nonimmigrant program described 
     in this section.
       ``(9) Bonafide offer of employment.--The job for which the 
     H-2C nonimmigrant is sought is a bona fide job--
       ``(A) for which the employer needs labor or services;
       ``(B) which has been and is clearly open to any United 
     States worker; and
       ``(C) for which the employer will be able to place the H-2C 
     nonimmigrant on the payroll.
       ``(10) Public availability and records retention.--A copy 
     of each petition filed under this section and documentation 
     supporting each attestation, in accordance with regulations 
     promulgated by the Secretary of Labor, will--
       ``(A) be provided to every H-2C nonimmigrant employed under 
     the petition;
       ``(B) be made available for public examination at the 
     employer's place of business or work site;
       ``(C) be made available to the Secretary of Labor during 
     any audit; and
       ``(D) remain available for examination for 5 years after 
     the date on which the petition is filed.
       ``(11) Notification upon separation from or transfer of 
     employment.--The employer will notify the Secretary of Labor 
     and the Secretary of Homeland Security of an H-2C 
     nonimmigrant's separation from employment or transfer to 
     another employer not more than 3 business days after the date 
     of such separation or transfer, in accordance with 
     regulations promulgated by the Secretary of Homeland 
     Security.
       ``(12) Actual need for labor or services.--The petition was 
     filed not more than 60 days before the date on which the 
     employer needed labor or services for which the H-2C 
     nonimmigrant is sought.
       ``(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 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 9.0 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;

[[Page S2934]]

       ``(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 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

[[Page S2935]]

       ``(iii) if the violation was willful and if in the course 
     of such violation a United States worker was harmed, a fine 
     in an amount not less than $6,000 and not more than $35,000 
     per violation per affected worker.
       ``(3) Use of civil penalties.--All penalties collected 
     under this subsection shall be deposited in the Treasury in 
     accordance with section 286(w).
       ``(4) Criminal penalties.--If a willful and knowing 
     violation of subsection (g) causes extreme physical or 
     financial harm to an individual, the person in violation of 
     such subsection may be imprisoned for not more than 6 months, 
     fined in an amount not more than $35,000, or both.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 218A, as 
     added by section 403, the following:

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

     SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

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

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

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

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

     SEC. 406. RULEMAKING; EFFECTIVE DATE.

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

     SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.

       (a) Electronic Job Registry.--The Secretary of Labor shall 
     establish a publicly accessible Web page on the Internet 
     website of the Department of Labor that provides a single 
     Internet link to each State workforce agency's statewide 
     electronic registry of jobs available throughout the United 
     States to United States workers.
       (b) Recruitment of United States Workers.--
       (1) Posting.--An employer shall attest that the employer 
     has posted an employment opportunity at a prevailing wage 
     level, as described in section 218B(b)(2)(C) of the 
     Immigration and Nationality Act, as added by section 404 of 
     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.
       (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) 300,000 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

[[Page S2936]]

     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) 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

[[Page S2937]]

     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.

     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).
                                 ______
                                 
  SA 3322. Mr. HATCH 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:

       Beginning on page 276, strike line 4 and all that follows 
     through page 277, line 21, and insert the following:
       ``(n) An alien having nonimmigrant status described in 
     section 101(a)(15)(H)(ii)(c) shall not be eligible for any 
     adjustment of the status of the alien.''.
                                 ______
                                 
  SA 3323. Mr. HATCH 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:

       On page 235, strike lines 12 through 16.
       On page 235, line 17, strike ``(3)'' and insert ``(2)''.
       On page 236, line 8, strike ``subsections (b) and (f)(2)'' 
     and insert ``subsection (b)''.
       On page 236, line 13, strike ``(4)'' and insert ``(3)''.
       On page 237, line 3, strike ``(5)'' and insert ``(4)''.
                                 ______
                                 
  SA 3324. Mr. HATCH 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

[[Page S2938]]

for other purposes; which was ordered to lie on the table; as follows:

       On page 343, strike lines 1 through 7 and insert the 
     following:
       ``(i) has completed or will complete not less than 500 
     hours of community service; and
       ``(ii)(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.
                                 ______
                                 
  SA 3325. Mr. HATCH 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:

       Beginning on page 325, strike line 1 and all that follows 
     through page 382, line 7.
                                 ______
                                 
  SA 3326. Mr. HATCH 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:

       Beginning on page 276, strike line 4 and all that follows 
     through page 277, line 21, and insert the following:
       ``(n) An alien having nonimmigrant status described in 
     section 101(a)(15)(H)(ii)(c) shall not be eligible for any 
     adjustment of the status of the alien.''.
       Beginning on page 325, strike line 1 and all that follows 
     through page 382, line 7.
                                 ______
                                 
  SA 3327. Mr. HATCH 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:

       On page 268, strike line 22 and all that follows through 
     page 269, line 2, and insert the following:
       (b) Effective Date.--
       (1) In general.--Subject to paragraph (2), 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.
       (2) Limitation.--Notwithstanding any other provision of 
     this Act, or the amendments made by this Act, a visa may not 
     be issued to a nonimmigrant alien described in clause (ii)(C) 
     or (iv) of section 101(a)(15)(H) of the Immigration and 
     Nationality Act, as added by section 402, until Congress 
     appropriates sufficient funds to fully implement the border 
     security and interior enforcement provisions of titles I and 
     II of this Act.
                                 ______
                                 
  SA 3328. Mr. HATCH 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:

       On page 348, line 7, strike ``There'' and insert ``Subject 
     to subsection (c), there''
       On page 348, strike lines 14 through 20 and insert the 
     following:
       (c) Effective Date.--Funds may not be appropriated pursuant 
     to the authorization under subsection (a) until Congress has 
     appropriated sufficient funds to fully implement the border 
     security and interior enforcement provisions of titles I and 
     II of this Act.
                                 ______
                                 
  SA 3329. Mr. HATCH 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:

       On page 477, after line 23, add the following:

     SEC. 644. SUNSET PROVISION.

       This title, titles IV and V, and the amendments made by 
     such titles, are repealed on the date that is 6 years after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 3330. Mr. HATCH 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. __. VISA ISSUANCE REPORT.

       Not later than March 31 of each year, the Secretary of 
     State, in consultation with the Secretary and the Attorney 
     General, shall submit to Congress a report that identifies, 
     for the most recent calendar year, the number of visas issued 
     in each visa category.
                                 ______
                                 
  SA 3331. Mr. HATCH 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. __. PROMISE ACT.

       (a) Short Title.--This section may be cited as the 
     ``Parental Responsibility Obligations Met through Immigration 
     System Enforcement Act'' or the ``PROMISE Act''.
       (b) Aliens Ineligible to Receive Visas and Excluded From 
     Admission for Nonpayment of Child Support.--Section 
     212(a)(10) (8 U.S.C. 1182(a)(10)) is amended by adding at the 
     end the following:
       ``(F) Nonpayment of child support.--
       ``(i) In general.--Except as provided in clause (ii), an 
     alien who is legally obligated under a judgment, decree, or 
     order to pay child support and whose failure to pay such 
     child support has resulted in arrearages that exceed the 
     amount specified in section 454(31) of the Social Security 
     Act (42 U.S.C. 654(31)) is inadmissible.
       ``(ii) Exception.--An alien described in clause (i) may 
     become admissible when--

       ``(I) child support payments under the judgment, decree, or 
     order are satisfied; or
       ``(II) the alien is in compliance with a payment agreement 
     approved by the appropriate State enforcement agency or 
     court.

       ``(iii) Federal parent locator service.--The Federal Parent 
     Locator Service, established under section 453 of the Social 
     Security Act (42 U.S.C. 653), shall be used to determine if 
     an alien is inadmissible under clause (i).
       ``(iv) Request by foreign country.--For purposes of clause 
     (i), any request for services by a foreign reciprocating 
     country or a foreign country with which a State has an 
     arrangement described in section 459A(d) of the Social 
     Security Act (42 U.S.C. 659a(d)) shall be treated as a State 
     request.''.
       (c) Authority to Parole Aliens Excluded From Admission for 
     Nonpayment of Child Support.--Section 212(d)(5) (8 U.S.C. 
     1182(d)(5)) is amended by adding at the end the following:
       ``(C)(i) The Secretary of Homeland Security may, in the 
     Secretary's discretion, parole into the United States, any 
     alien who is inadmissible under subsection (a)(10)(F) if--
       ``(I) the Secretary places such alien into removal 
     proceedings;
       ``(II) the alien demonstrates to the satisfaction of the 
     Secretary that such parole is essential to the compliance and 
     fulfillment of child support obligations;
       ``(III) the alien demonstrates that the alien has 
     employment in the United States and is authorized by law for 
     employment in the United States; and
       ``(IV) the alien is not inadmissible under any other 
     provision of law.
       ``(ii) The Secretary of State may permit an alien described 
     in clause (i) to present himself or herself at a port of 
     entry for the limited purpose of seeking parole pursuant to 
     clause (i).
       ``(iii) The Secretary of Homeland Security and the 
     Secretary of State shall exercise the discretionary authority 
     described in this subparagraph in a manner consistent with 
     the objective of facilitating collection of payment of child 
     support arrearages.
       ``(iv) For purposes of this subparagraph, unless waived by 
     the alien, the Attorney General shall not enter a final order 
     of removal--
       ``(I) during the 180-day period beginning on the date on 
     which the Secretary of Homeland Security initially charges 
     the alien as removable under subsection (a)(10)(F); or
       ``(II) during the pendency of State court proceedings 
     involving the child support obligations of the alien.''.
       (d) Effect of Nonpayment of Child Support on Establishment 
     of Good Moral Character.--Section 101(f) (8 U.S.C. 1101(f)) 
     is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) one who is legally obligated under a judgment, 
     decree, or order to pay child support (as defined in section 
     459(i) of the Social Security Act (42 U.S.C. 659(i))) and 
     whose failure to pay such child support has resulted in 
     arrearages that exceed the amount specified in section 
     454(31) of that Act (42 U.S.C. 654(31)), unless support 
     payments under the judgment, decree, or order are satisfied 
     or the alien is in compliance with an approved payment 
     agreement.''.
       (e) Authorization to Serve Legal Process in Child Support 
     Cases on Certain Visa Applicants and Arriving Aliens.--
     Section 235(d) (8 U.S.C. 1225(d)), as amended by section 128, 
     is further amended by adding at the end the following:
       ``(6) Authority to serve process in child support cases.--
       ``(A) In general.--To the extent consistent with State law, 
     immigration officers are authorized to serve, on any alien 
     who is an applicant for admission to the United States, legal 
     process with respect to--
       ``(i) any action to enforce a legal obligation of an 
     individual to pay child support (as defined in section 459(i) 
     of the Social Security Act (42 U.S.C. 659(i)); or
       ``(ii) any action to establish paternity.
       ``(B) Legal process defined.--In this paragraph, the term 
     `legal process' means any writ, order, summons, or other 
     similar process that is issued by--

[[Page S2939]]

       ``(i) a court or an administrative agency of competent 
     jurisdiction in any State, territory, or possession of the 
     United States; or
       ``(ii) an authorized official pursuant to an order of such 
     a court or agency or pursuant to State or local law.''.
       (f) Authorization to Obtain Information on Child Support 
     Payments by Aliens.--Section 453(h) of the Social Security 
     Act (42 U.S.C. 653(h)) is amended by adding at the end the 
     following:
       ``(4) Provision of information on persons delinquent in 
     child support payments.--
       ``(A) In general.--Notwithstanding any other provision of 
     law and in accordance with the requirements of subsection 
     (b), upon the request of the Attorney General, Secretary of 
     Homeland Security, or Secretary of State, the Secretary of 
     Health and Human Services shall provide and transmit to 
     authorized persons through the Federal Parent Locator 
     Service, such information as the Secretary of Health and 
     Human Services determines may aid the authorized person in 
     establishing whether an alien is delinquent in the payment of 
     child support.
       ``(B) Prohibition on disclosure of information.--In no case 
     may an authorized person permit use by, or disclosure to, any 
     person (other than a sworn officer or employee of the United 
     States Government for legitimate law enforcement purposes) of 
     any information obtained under this paragraph through the 
     Federal Parent Locator Service.
       ``(C) Penalty.--Any person who willfully uses, publishes, 
     or permits information to be disclosed in violation of this 
     paragraph shall be subject to appropriate disciplinary action 
     and subject to a civil monetary penalty of not more than 
     $5,000 for each such violation.
       ``(D) Authorized person defined.--As used in this 
     paragraph, the term `authorized person' means any 
     administrative agency, immigration officer, or consular 
     officer (as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)) having the authority to 
     investigate or enforce the immigration and naturalization 
     laws of the United States with respect to the legal entry and 
     status of aliens.''.
       (g) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date that is 90 days 
     after the date of the enactment of this Act and shall apply 
     to aliens who apply for benefits under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) on or after such 
     effective date.
                                 ______
                                 
  SA 3332. Mr. HATCH 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:

       On page 231, strike lines 14 through 18 and insert the 
     following:
       ``(3) Fees.--
       ``(A) Visa issuance fee.--The alien shall pay a $500 visa 
     issuance fee in addition to the cost of processing and 
     adjudicating such application.
       ``(B) Community responsibility and assistance fee.--In 
     addition to the fee required under subparagraph (A), the 
     alien shall pay a $100 community responsibility and 
     assistance fee, which shall be made available, in its 
     entirety, to the State Criminal Alien Assistance Program 
     established under section 241(i).
       ``(C) Savings provision.--Nothing in this paragraph shall 
     be construed to affect consular procedures for charging 
     reciprocal fees.
                                 ______
                                 
  SA 3333. Mr. HATCH 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:

       On page 8, strike lines 16 through 22.
                                 ______
                                 
  SA 3334. Mr. HATCH 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:

       Strike titles III, IV, V, and VI, and insert the following:

        TITLE III--NONPARTISAN COMMISSION ON IMMIGRATION REFORM

     SEC. 301. NONPARTISAN COMMISSION ON IMMIGRATION REFORM.

       (a) Establishment and Composition of Commission.--
       (1) Establishment.--Not later than May 1, 2006, the 
     President shall establish a commission to be known as the 
     Nonpartisan Commission on Immigration Reform (in this section 
     referred to as the ``Commission'').
       (2) Composition.--The Commission shall be composed of 9 
     members to be appointed as follows:
       (A) 1 member who shall serve as Chairman, to be appointed 
     by the President.
       (B) 2 members to be appointed by the Speaker of the House 
     of Representatives who shall select such members from a list 
     of nominees provided by the chairman of the Committee on the 
     Judiciary of the House of Representatives.
       (C) 2 members to be appointed by the minority leader of the 
     House of Representatives who shall select such members from a 
     list of nominees provided by the ranking minority member of 
     the Committee on the Judiciary of the House of 
     Representatives.
       (D) 2 members to be appointed by the majority leader of the 
     Senate who shall select such members from a list of nominees 
     provided by the chairman of the Committee on the Judiciary of 
     the Senate.
       (E) 2 members to be appointed by the minority leader of the 
     Senate who shall select such members from a list of nominees 
     provided by the ranking minority member of the Committee on 
     the Judiciary of the Senate.
       (3) Initial appointments.--Initial appointments to the 
     Commission shall be made during the 45-day period beginning 
     on May 1, 2006.
       (4) Vacancy.--A vacancy in the Commission shall be filled 
     in the same manner in which the original appointment was 
     made.
       (5) Term of appointment.--Members shall be appointed to 
     serve for the life of the Commission, except that the term of 
     the member described in paragraph (2)(A) shall expire at noon 
     on January 20, 2008, and the President shall appoint an 
     individual to serve for the remaining life, if any, of the 
     Commission.
       (b) Functions of Commission.--The Commission shall--
       (1) review and evaluate the impact of this Act and the 
     amendments made by this Act, in accordance with subsection 
     (c);
       (2) conduct a systematic and comprehensive review of this 
     Nation's immigration laws, in accordance with subsection (c); 
     and
       (3) transmit to the Congress--
       (A) not later than April 15, 2008, a first report 
     describing the progress made in carrying out paragraphs (1) 
     and (2); and
       (B) not later than April 15, 2010, a final report setting 
     forth the Commission's findings and recommendations, 
     including such recommendations for additional comprehensive 
     changes that should be made with respect to immigration laws 
     in the United States as the Commission deems appropriate, 
     including, when applicable, such model legislative language 
     for the consideration of Congress.
       (c) Considerations.--
       (1) General considerations.--The Commission may investigate 
     and make recommendations upon any subject that it determines 
     would substantially contribute to the development of an 
     equitable, efficient, and sustainable immigration system that 
     will facilitate border security specifically and national 
     security generally.
       (2) Guest worker program.--The Commission shall analyze and 
     make recommendations on the advisability of modifying the 
     requirements for admission of nonimmigrants described in 
     section 101(a)(15)(H) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)), including increasing the number of 
     such nonimmigrants admitted to the United States and adopting 
     a national guest worker program, and if, in the opinion of 
     this Commission, such a modification or program should be 
     adopted, then the Commission shall--
       (A) set forth minimum requirements for such modification or 
     program, including--
       (i) the numerical limitations, if any, on such a program; 
     and
       (ii) the temporal limitations (in terms of participant 
     duration), if any, on such a program;
       (B) assess the impact and advisability of allowing aliens 
     admitted under such section or participating in such a 
     program to adjust their status from nonimmigrant to immigrant 
     classifications; and
       (C) determine whether and, if appropriate, to what degree, 
     low-skilled enterprises should be included in a national 
     guest worker program.
       (3) Project sunshine.--The Commission shall analyze and 
     make recommendations on the disposition of the unlawful alien 
     population present in the United States, and such report 
     shall--
       (A) examine the impact of earned adjustment, amnesty, or 
     similar programs on future illegal immigration;
       (B) examine the ability, and advisability, of the United 
     States Government to locate and deport individuals unlawfully 
     present in the United States;
       (C) assess the impact, advisability, and ability of earned 
     adjustment, amnesty, or similar programs to locate and 
     register individuals unlawfully present in the United States; 
     and
       (D) provide alternate solutions, if any, to the realm of 
     options otherwise mentioned in this section.
       (4) Judicial review.--The Commission shall examine the 
     operation of the relevant adjudicatory structures and 
     mechanisms and make such recommendations as are necessary to 
     ensure expediency of process consistent with applicable 
     constitutional protections.
       (5) Interior enforcement.--The Commission shall analyze 
     current interior enforcement efforts and make such 
     recommendations as are necessary to ensure viable interior 
     enforcement, including issues surrounding worksite 
     enforcement and the impact of inadequate interior enforcement 
     on rural communities.
       (d) Compensation of Members.--
       (1) In general.--Each member of the Commission who is not 
     an officer or employee of the Federal Government is entitled 
     to receive, subject to such amounts as are provided in 
     advance in appropriations Acts, pay at the daily equivalent 
     of the minimum annual rate of basic pay in effect for grade 
     GS-18 of the General Schedule. Each member of

[[Page S2940]]

     the Commission who is such an officer or employee shall serve 
     without additional pay.
       (2) Travel expense.--While away from their homes or regular 
     places of business in the performance of services for the 
     Commission, members of the Commission shall be allowed travel 
     expenses, including per diem in lieu of subsistence.
       (e) Meetings, Staff, and Authority of Commission.--The 
     provisions of subsections (e) through (g) of section 304 of 
     the Immigration Reform and Control Act of 1986 (Public Law 
     99-603; 8 U.S.C. 1160 note) shall apply to the Commission in 
     the same manner as they apply to the Commission established 
     under such section, except that paragraph (2) of such 
     subsection (e) shall not apply.
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Commission such sums as may be necessary to carry out 
     this section.
       (2) Limitation on authority.--Notwithstanding any other 
     provision of this section, the authority to make payments, or 
     to enter into contracts, under this section shall be 
     effective only to such extent, or in such amounts, as are 
     provided in advance in appropriations Acts.
       (g) Termination Date.--The Commission shall terminate on 
     the date on which a final report is required to be 
     transmitted under subsection (b)(3)(B), except that the 
     Commission may continue to function until January 1, 2012, 
     for the purpose of concluding its activities, including 
     providing testimony to standing committees of Congress 
     concerning its final report under this section and 
     disseminating that report.
                                 ______
                                 
  SA 3335. Mr. KERRY 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 63, strike line 12 and all that follows through 
     ``(L)'' on page 70, line 9, and insert the following;
       (E) 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).
       (F) 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.
       (G)
       On page 75, lines 14 and 15, strike ``, including 
     classified, sensitive, or national security information''.
       On page 76, line 3, strike ``; and'' and all that follows 
     through line 14, and insert a period.
       On page 78, lines 7 and 8, strike ``, including classified, 
     sensitive, or national security information,''.
       On page 80, strike line 5 and all that follows through 
     ``(3)'' on page 81, line 20, and insert ``(1)''.
       On page 129, strike line 14 and all that follows through 
     ``(2)'' on line 22, and insert ``(1)''.
       On page 130, line 3, strike ``(3)'' and insert ``(2)''.
       On page 130, strike lines 11 through 13 and insert the 
     following:
       ``(3) Failure to comply with agreement.--If an alien agrees 
     to
       On page 130, line 20, strike ``(i) ineligible'' and insert 
     the following:
       ``(A) ineligible
       On page 130, line 22, strike ``(ii) subject'' and insert 
     the following:
       ``(B) subject
       On page 131, line 1, strike ``(iii) subject'' and insert 
     the following:
       ``(C) subject
       On page 131, line 3, strike the period at the end and all 
     that follows through ``Secretary'' on line 23.
       On page 133, line 2, strike the period at the end and all 
     that follows through ``protection'' on line 18.
                                 ______
                                 
  SA 3336. Mr. KERRY 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 __--RECRUITMENT AND RETENTION OF ADDITIONAL IMMIGRATION LAW 
                         ENFORCEMENT PERSONNEL

     SEC. _01. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES 
                   BORDER PATROL AGENTS.

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

     SEC. _02. RECRUITMENT AND RELOCATION BONUSES AND RETENTION 
                   ALLOWANCES FOR PERSONNEL OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

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

     SEC. _03. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION 
                   OFFICERS AND OTHER EMPLOYEES.

       (a) Amendments.--
       (1) Law enforcement officers.--Section 8401(17) of title 5, 
     United States Code, is amended--
       (A) in subparagraph (C)--
       (i) by striking ``and'' at the end; and
       (ii) by striking ``subparagraph (A) and (B)'' and inserting 
     ``subparagraph (A), (B), (E), or (F)''; and
       (B) by inserting after subparagraph (D) the following:
       ``(E) an employee (not otherwise covered by this 
     paragraph)--
       ``(i) the duties of whose position include the 
     investigation or apprehension of individuals suspected or 
     convicted of offenses against the criminal laws of the United 
     States; and
       ``(ii) who is authorized to carry a firearm; and
       ``(F) an employee of the Internal Revenue Service, the 
     duties of whose position are primarily the collection of 
     delinquent taxes and the securing of delinquent returns;''.
       (2) Civil service retirement system.--Section 8331(20) of 
     title 5, United States Code, is amended in the matter 
     preceding subparagraph (A) by inserting after ``position.'' 
     the following: ``For the purpose of this paragraph, an 
     employee described in the preceding sentence shall be 
     considered to include an employee, not otherwise covered by 
     this paragraph, who satisfies clauses (i) and (ii) of section 
     8401(17)(E) and an employee of the Internal Revenue Service 
     the duties of whose position are as described in section 
     8401(17)(F).''.
       (3) Effective date.--Except as provided in subsection (b), 
     the amendments made by this subsection shall--
       (A) take effect on the date of enactment of this Act; and
       (B) apply only in the case of any individual first 
     appointed (or seeking to be first appointed) as a law 
     enforcement officer (as defined in the amendments) on or 
     after that date.
       (b) Treatment of Service Performed by Incumbents.--
       (1) Definitions.--In this subsection:
       (A) Incumbent.--The term ``incumbent'' means an individual 
     who--
       (i) is first appointed as a law enforcement officer before 
     the date of enactment of this Act; and
       (ii) is serving as a law enforcement officer on that date.
       (B) Law enforcement officer.--The term ``law enforcement 
     officer'' means an individual who satisfies the requirements 
     of section 8331(20) or 8401(17) of title 5, United States 
     Code, as a result of the amendments made by subsection (a).
       (C) Prior service.--The term ``prior service'', with 
     respect to an incumbent who retires from Government service, 
     means any service performed before the date on which a 
     written notice is to be submitted under paragraph (2)(B).
       (D) Service.--The term ``service'' means service performed 
     as a law enforcement officer.
       (2) Treatment of service performed by incumbents.--
       (A) In general.--For purposes other than purposes described 
     in subparagraph (B), service that is performed by an 
     incumbent on or after the date of enactment of this Act shall 
     be treated as service performed as a law enforcement officer, 
     irrespective of the manner in which the service is treated 
     under subparagraph (B).
       (B) Retirement.--For purposes of subchapter III of chapter 
     83 and chapter 84 of title 5, United States Code, service 
     that is performed by an incumbent before, on, or after the 
     date of enactment of this Act shall be treated as service 
     performed as a law enforcement officer if an appropriate 
     written notice of the election of the incumbent to retire 
     from Government service is submitted to the Office of 
     Personnel Management by the earlier of--
       (i) the date that is 5 years after the date of enactment of 
     this Act; or
       (ii) the date of retirement of the incumbent.
       (3) Individual contributions for prior service.--
       (A) Amount of contributions.--An incumbent who makes an 
     election described in paragraph (2)(B) may, with respect to 
     prior service performed by the incumbent, contribute to the 
     Civil Service Retirement and Disability Fund an amount equal 
     to the difference between--
       (i) the individual contributions that were actually made 
     for that service; and
       (ii) the individual contributions that would have been made 
     for that service under the amendments made by subsection (a).
       (B) Effect of not contributing.--If no part of or less than 
     the full amount required under subparagraph (A) is paid--

[[Page S2941]]

       (i) all prior service of the incumbent shall remain fully 
     creditable as law enforcement officer service; but
       (ii) the resulting annuity shall be reduced in a manner 
     similar to the manner described in section 8334(d)(2) of 
     title 5, United States Code, to the extent necessary to make 
     up the amount unpaid.
       (4) Government contributions for prior service.--
       (A) In general.--If an incumbent makes an election under 
     paragraph (2)(B), the agency in or under which the incumbent 
     was serving at the time of any prior service shall remit to 
     the Office of Personnel Management, for deposit in the 
     Treasury of the United States to the credit of the Civil 
     Service Retirement and Disability Fund, the amount required 
     under subparagraph (B) with respect to that service.
       (B) Amount required.--The amount an agency is required to 
     remit is, with respect to any prior service, the total amount 
     of additional Government contributions to the Civil Service 
     Retirement and Disability Fund (above those actually paid) 
     that would have been required if the amendments made by 
     subsection (a) had been in effect.
       (C) Contributions to be made ratably.--Government 
     contributions under this paragraph on behalf of an incumbent 
     shall be made by the agency ratably (on at least an annual 
     basis) over the 10-year period beginning on the date on which 
     a written notice is to be submitted under paragraph (2)(B).
       (5) Exemption from mandatory separation.--Nothing in 
     section 8335(b) or 8425(b) of title 5, United States Code, 
     shall cause the involuntary separation of a law enforcement 
     officer before the end of the 3-year period beginning on the 
     date of enactment of this Act.
       (6) Regulations.--The Office shall promulgate regulations 
     to carry out this section, including--
       (A) provisions in accordance with which interest on any 
     amount under paragraph (3) or (4) shall be computed, based on 
     section 8334(e) of title 5, United States Code; and
       (B) provisions for the application of this subsection in 
     the case of--
       (i) any individual who--

       (I) is first appointed as a law enforcement officer before 
     the date of enactment of this Act; and
       (II) serves as a law enforcement officer after the date of 
     enactment of this Act; and

       (ii) any individual entitled to a survivor annuity (based 
     on the service of an incumbent, or of an individual described 
     in clause (i), who dies before making an election under 
     paragraph (2)(B)), to the extent of any rights that would 
     then be available to the decedent (if still living).
       (7) Rule of construction.--Nothing in this subsection 
     applies in the case of a reemployed annuitant.
                                 ______
                                 
  SA 3337. Mr. KERRY 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 __--RAPID RESPONSE MEASURES

     SEC. _01. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL 
                   AGENTS.

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

     SEC. _02. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES 
                   BORDER PATROL AGENTS.

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

     SEC. _03. HELICOPTERS AND POWER BOATS.

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

     SEC. _04. CONTROL OF UNITED STATES UNITED STATES BORDER 
                   PATROL ASSETS.

       The United States Border Patrol shall have complete and 
     exclusive administrative and operational control over all the 
     assets utilized in carrying out its mission, including, 
     aircraft, watercraft, vehicles, detention space, 
     transportation, and all of the personnel associated with such 
     assets.

     SEC. _05. MOTOR VEHICLES.

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

     SEC. _06. PORTABLE COMPUTERS.

       The Secretary of Homeland Security shall ensure that each 
     police-type motor vehicle in the fleet of the United States 
     Border Patrol is equipped with a portable computer with 
     access to all necessary law enforcement databases and 
     otherwise suited to the unique operational requirements of 
     the United States Border Patrol.

     SEC. _07. RADIO COMMUNICATIONS.

       The Secretary of Homeland Security shall augment the 
     existing radio communications system so all law enforcement 
     personnel working in every area where United States Border 
     Patrol operations are conducted have clear and encrypted two-
     way radio communication capabilities at all times. Each 
     portable communications device shall be equipped with a 
     ``panic button'' and a global positioning system device that 
     is activated solely in emergency situations for the purpose 
     of tracking the location of the agent in distress.

     SEC. _08. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.

       The Secretary of Homeland Security shall ensure that each 
     United States Border Patrol agent is issued a state-of-the-
     art hand-held global positioning system device for 
     navigational purposes.

     SEC. _09. NIGHT VISION EQUIPMENT.

       The Secretary of Homeland Security shall ensure that 
     sufficient quantities of state-of-the-art night vision 
     equipment are procured and maintained to enable each United 
     States Border Patrol agent working during the hours of 
     darkness to be equipped with a portable night vision device.

     SEC. _10. BORDER ARMOR.

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

     SEC. _11. WEAPONS.

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

     SEC. _12. UNIFORMS.

       The Secretary of Homeland Security shall ensure that all 
     United States Border Patrol agents are provided with all 
     necessary uniform items, including outerwear suited to the 
     climate, footwear, belts, holsters, and personal protective 
     equipment, at no cost to such agents. Such items shall be 
     replaced at no cost to such agents as they become worn, 
     unserviceable, or no longer fit properly.
                                 ______
                                 
  SA 3338. Mr. BAUCUS 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 204, line 8, insert ``with 50 or more employees 
     that is'' after ``employer''.
                                 ______
                                 
  SA 3339. Mr. BAUCUS 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

[[Page S2942]]

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 10, line 17, strike ``(e)'' and insert the 
     following:
       (e) Unmanned Aerial Vehicle Pilot Program.--During the 1-
     year period beginning on the date on which the report is 
     submitted under subsection (c), the Secretary shall conduct a 
     pilot program, based at the Northern Border airbase in Great 
     Falls, Montana, to test unmanned aerial vehicles for border 
     surveillance along the international border between Canada 
     and the United States.
       (f)
                                 ______
                                 
  SA 3340. Mrs. CLINTON 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. __. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF 
                   PERMANENT RESIDENTS AWAITING THE AVAILABILITY 
                   OF AN IMMIGRANT VISA.

       Section 101(a)(15)(V) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(V)) is amended--
       (1) by striking ``the date of the enactment of the Legal 
     Immigration Family Equity Act'' and inserting ``January 1, 
     2011''; and
       (2) by striking ``3 years'' each place it appears and 
     inserting ``180 days''.
                                 ______
                                 
  SA 3341. Mr. BROWNBACK 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:

       Beginning on page 295, strike line 12 and all that follows 
     through page 296, line 8, and insert the following:
       ``(A) 290,000; and
       ``(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.
       ``(2) Recapture of unused employment-based immigrant visas 
     for fiscal years 2001 through 2005.--
       ``(A) In general.--Beginning in fiscal year 2006, the 
     number of employment-based visas made available for 
     immigrants described in paragraph (1), (2), or (3) of section 
     203(b) during any fiscal year, as calculated under paragraph 
     (1), shall be increased by the number described in 
     subparagraph (B).
       ``(B) Additional number.--
       ``(i) In general.--Subject to clause (ii), the number 
     referred to in subparagraph (A) shall be equal to the sum 
     of--

       ``(I) the difference between--

       ``(aa) the number of employment-based visas made available 
     during the period of fiscal years 2001 through 2005; and
       ``(bb) the number of employment-based visas actually used 
     during that period; and

       ``(II) the number of immigrant visas issued after September 
     30, 2004, to spouses and children of employment-based 
     immigrants that were counted for purposes of paragraph 
     (1)(B).

       ``(ii) Reduction.--For fiscal year 2007 and each fiscal 
     year thereafter, the number described in clause (i) shall be 
     reduced by the number of employment-based visas actually used 
     under subparagraph (A) during the preceding fiscal year.''.
       On page 296, strike lines 9 through 18 and insert the 
     following:

     SEC. 502. COUNTRY LIMITS.

       Section 202(a) (8 U.S.C. 1152(a)) is amended by striking 
     ``7 percent (in the case of a single foreign state) or 2 
     percent'' and inserting ``10 percent (in the case of a single 
     foreign state) or 5 percent''.
       On page 320, strike lines 17 through 20 and insert the 
     following:
       ``(3) Limitation.--An application for adjustment of status 
     filed under this section may not be approved until an 
     immigrant visa number becomes available.
       ``(4) Filing in cases of unavailable visa numbers.--Subject 
     to the limitation described in paragraph (3), if a 
     supplemental petition fee is paid for a petition under 
     subparagraph (E) or (F) of section 204(a)(1), an application 
     under paragraph (1) on behalf of an alien that is a 
     beneficiary of the petition (including a spouse or child who 
     is accompanying or following to join the beneficiary) may be 
     filed without regard to the requirement under paragraph 
     (1)(D).
       ``(5) Pending applications.--Subject to the limitation 
     described in paragraph (3), if a petition under subparagraph 
     (E) or (F) of section 204(a)(1) is pending or approved as of 
     the date of enactment of this paragraph, on payment of the 
     supplemental petition fee under that section, the alien that 
     is the beneficiary of the petition may submit an application 
     for adjustment of status under this subsection without regard 
     to the requirement under paragraph (1)(D).
       ``(6) Employment authorizations and advanced parole travel 
     documentation.--The Attorney General shall--
       ``(A) provide to any immigrant who has submitted an 
     application for adjustment of status under this subsection 
     not less than 3 increments, the duration of each of which 
     shall be not less than 3 years, for any applicable employment 
     authorization or advanced parole travel document of the 
     immigrant; and
       ``(B) adjust each applicable fee payment schedule in 
     accordance with the increments provided under subparagraph 
     (A) so that 1 fee for each authorization or document is 
     required for each 3-year increment.''.
       On page 321, strike lines 14 through 20 and insert the 
     following:
       ``(G) Aliens who have earned an advanced degree in science, 
     technology, engineering, or math and are employed in a 
     related field.
       On page 324, after line 22, insert the following:
       (e) Temporary Worker Visa Duration.--Section 106 of the 
     American Competitiveness in the Twenty-First Century Act of 
     2000 (Public Law 106-313; 114 Stat. 1254) is amended by 
     striking subsection (b) and inserting the following:
       ``(b) Extension of H-1B Worker Status.--The Attorney 
     General shall--
       ``(1) extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in not less than 3 increments, 
     the duration of each of which shall be not less than 3 years, 
     until such time as a final decision is made with respect to 
     the lawful permanent residence of the alien; and
       ``(2) adjust each applicable fee payment schedule in 
     accordance with the increments provided under paragraph (1) 
     so that 1 fee is required for each 3-year increment.''.
                                 ______
                                 
  SA 3342. Mr. GRASSLEY 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 other purposes; which was 
ordered to lie on the table; as follows:

       On page 9, strike lines 2 through 20 and insert the 
     following:
       (a) Acquisition.--Subject to the availability of 
     appropriations, the Secretary shall procure additional 
     unmanned aerial vehicles, autonomous unmanned ground 
     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, autonomous unmanned 
     ground 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.
                                 ______
                                 
  SA 3343. Mr. GRASSLEY 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:

       On page 9, line 4, insert ``autonomous unmanned ground 
     vehicles,'' after ``vehicles,''.
       On page 9, line 16, insert ``autonomous unmanned ground 
     vehicles,'' after ``vehicles,''.
                                 ______
                                 
  SA 3344. Mr. REID 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.

       (a) In General.--Notwithstanding any other provision of 
     law, subject to subsection (b), beginning on the date of 
     enactment of this Act, the Secretary may not implement a new 
     conditional nonimmigrant work authorization program that 
     grants legal status to any individual who illegally enters or 
     entered the United States, or any similar or subsequent 
     employment program that grants legal status to any individual 
     who illegally enters or entered the United States, until the 
     Secretary provides written certification to the President and 
     Congress that the borders of the United States are reasonably 
     sealed and secured.
       (b) Waiver and Implementation.--The President may waive the 
     certification requirement under subsection (a) and direct the 
     Secretary to implement a new conditional nonimmigrant work 
     authorization program or any similar or subsequent program 
     described in that subsection, if the President determines 
     that implementation of the program would strengthen the 
     national security of the United States.
                                 ______
                                 
  SA 3345. Mr. REID (for himself and Mr. Leahy) submitted an amendment 
intended to be proposed by him to the bill S. 2454, to amend the 
Immigration and Nationality Act to provide for

[[Page S2943]]

comprehensive reform and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 331, between lines 6 and 7, insert the following:
       ``(6) Criminal and related grounds.--An alien is ineligible 
     for conditional nonimmigrant work authorization and status 
     under this section under any of the following circumstances:
       ``(A) Conviction of certain crimes.--
       ``(i) In general.--Except as provided in clause (ii), the 
     alien was convicted of, admits having committed, or admits 
     having committed acts which constitute the essential elements 
     of--

       ``(I) a crime involving moral turpitude (other than a 
     purely political offense) or an attempt or conspiracy to 
     commit such a crime, or
       ``(II) a violation of (or a conspiracy or attempt to 
     violate) any law or regulation of a State, the United States, 
     or a foreign country relating to a controlled substance (as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)).

       ``(ii) Exception.--Clause (i)(I) shall not apply to an 
     alien who committed only 1 crime if--

       ``(I) the crime was committed before the alien reached 18 
     years of age and the alien was released from any confinement 
     to a prison or correctional institution imposed for the crime 
     more than 5 years before the date of application for a visa 
     or other documentation and the date of application for 
     admission to the United States; or
       ``(II) the maximum allowable penalty for the crime for 
     which the alien was convicted, admits having committed, or 
     admits having committed the acts constituting the essential 
     elements of, is not longer than imprisonment for 1 year and, 
     if the alien was convicted of such crime, the alien was not 
     sentenced to a term of imprisonment longer than 6 months 
     (regardless of the extent to which the sentence was 
     ultimately executed).

       ``(B) Multiple criminal convictions.--The alien has been 
     convicted of 2 or more offenses (other than purely political 
     offenses) for which the aggregate sentences to confinement 
     were 5 years or more, regardless of whether--
       ``(i) the conviction was in a single trial;
       ``(ii) the offenses arose from a single scheme of 
     misconduct; or
       ``(iii) the offenses involved moral turpitude, .
       ``(C) Controlled substance traffickers.--The consular 
     officer or the Attorney General knows, or has reason to 
     believe, that the alien--
       ``(i) is or has been--

       ``(I) an illicit trafficker in any controlled substance or 
     in any listed chemical (as defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)); or
       ``(II) a knowing aider, abettor, assister, conspirator, or 
     colluder with others in the illicit trafficking in any such 
     controlled or listed substance or chemical, or endeavored to 
     do so; or

       ``(ii) is the spouse, son, or daughter of an alien 
     ineligible under clause (i), and has--

       ``(I) during the previous 5 years, obtained any financial 
     or other benefit from the illicit activity of that alien; and
       ``(II) knew or reasonably should have known that the 
     financial or other benefit was the product of such illicit 
     activity.

       ``(D) Certain aliens involved in serious criminal activity 
     who have asserted immunity from prosecution.--The alien--
       ``(i) has committed a serious criminal offense (as defined 
     in section 101(h)) in the United States;
       ``(ii) exercised immunity from criminal jurisdiction with 
     respect to that offense;
       ``(iii) as a consequence of the offense and exercise of 
     immunity, has departed from the United States; and
       ``(iv) has not subsequently submitted fully to the 
     jurisdiction of the court in the United States having 
     jurisdiction with respect to that offense.
       ``(E) Foreign government officials who have committed 
     particularly severe violations of religious freedom.--The 
     alien, while serving as a foreign government official, was 
     responsible for, or directly carried out, at any time, 
     particularly severe violations of religious freedom (as 
     defined in section 3 of the International Religious Freedom 
     Act of 1998 (22 U.S.C. 6402)).
       ``(F) Significant traffickers in persons.--
       ``(i) In general.--The alien is listed in a report 
     submitted under section 111(b) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7108(b)) or the consular 
     officer or the Attorney General knows or has reason to 
     believe that the alien is, or has been, a knowing aider, 
     abettor, assister, conspirator, or colluder with such a 
     trafficker in severe forms of trafficking in persons (as 
     defined in the section 103 of such Act (22 U.S.C. 7102)).
       ``(ii) Beneficiaries of trafficking.--Except as provided in 
     clause (iii), the consular officer or the Attorney General 
     knows or has reason to believe that the alien is the spouse, 
     son, or daughter of an alien ineligible under clause (i), and 
     the alien--

       ``(I) within the previous 5 years, has obtained any 
     financial or other benefit from the illicit activity of that 
     alien; and
       ``(II) knew or reasonably should have known that the 
     financial or other benefit was the product of such illicit 
     activity.

       ``(iii) Exception for certain sons and daughters.--Clause 
     (ii) shall not apply to a son or daughter who was a child at 
     the time he or she received the benefit described in such 
     clause.
       ``(G) Money laundering.--A consular officer or the Attorney 
     General knows, or has reason to believe, that the alien--
       ``(i) has engaged, is engaging, or seeks to enter the 
     United States to engage, in an offense described in section 
     1956 or 1957 of title 18, United States Code (relating to 
     laundering of monetary instruments); or
       ``(ii) is, or has been, a knowing aider, abettor, assister, 
     conspirator, or colluder with others in an offense referred 
     to in clause (i).
       ``(H) Criminal convictions.--The alien has been convicted 
     of any felony or at least 3 misdemeanors.
                                 ______
                                 
  SA 3346. Mr. REID (for himself and Mr. Leahy) 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:

       On page 331, between lines 6 and 7, insert the following:
       ``(6) Criminal and related grounds.--An alien is ineligible 
     for conditional nonimmigrant work authorization and status 
     under this section under any of the following circumstances:
       ``(A) Conviction of certain crimes.--
       ``(i) In general.--Except as provided in clause (ii), the 
     alien was convicted of, admits having committed, or admits 
     having committed acts which constitute the essential elements 
     of--

       ``(I) a crime involving moral turpitude (other than a 
     purely political offense) or an attempt or conspiracy to 
     commit such a crime, or
       ``(II) a violation of (or a conspiracy or attempt to 
     violate) any law or regulation of a State, the United States, 
     or a foreign country relating to a controlled substance (as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)).

       ``(ii) Exception.--Clause (i)(I) shall not apply to an 
     alien who committed only 1 crime if--

       ``(I) the crime was committed before the alien reached 18 
     years of age and the alien was released from any confinement 
     to a prison or correctional institution imposed for the crime 
     more than 5 years before the date of application for a visa 
     or other documentation and the date of application for 
     admission to the United States; or
       ``(II) the maximum allowable penalty for the crime for 
     which the alien was convicted, admits having committed, or 
     admits having committed the acts constituting the essential 
     elements of, is not longer than imprisonment for 1 year and, 
     if the alien was convicted of such crime, the alien was not 
     sentenced to a term of imprisonment longer than 6 months 
     (regardless of the extent to which the sentence was 
     ultimately executed).

       ``(B) Multiple criminal convictions.--The alien has been 
     convicted of 2 or more offenses (other than purely political 
     offenses) for which the aggregate sentences to confinement 
     were 5 years or more, regardless of whether--
       ``(i) the conviction was in a single trial;
       ``(ii) the offenses arose from a single scheme of 
     misconduct; or
       ``(iii) the offenses involved moral turpitude, .
       ``(C) Controlled substance traffickers.--The consular 
     officer or the Attorney General knows, or has reason to 
     believe, that the alien--
       ``(i) is or has been--

       ``(I) an illicit trafficker in any controlled substance or 
     in any listed chemical (as defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)); or
       ``(II) a knowing aider, abettor, assister, conspirator, or 
     colluder with others in the illicit trafficking in any such 
     controlled or listed substance or chemical, or endeavored to 
     do so; or

       ``(ii) is the spouse, son, or daughter of an alien 
     ineligible under clause (i), and has--

       ``(I) during the previous 5 years, obtained any financial 
     or other benefit from the illicit activity of that alien; and
       ``(II) knew or reasonably should have known that the 
     financial or other benefit was the product of such illicit 
     activity.

       ``(D) Certain aliens involved in serious criminal activity 
     who have asserted immunity from prosecution.--The alien--
       ``(i) has committed a serious criminal offense (as defined 
     in section 101(h)) in the United States;
       ``(ii) exercised immunity from criminal jurisdiction with 
     respect to that offense;
       ``(iii) as a consequence of the offense and exercise of 
     immunity, has departed from the United States; and
       ``(iv) has not subsequently submitted fully to the 
     jurisdiction of the court in the United States having 
     jurisdiction with respect to that offense.
       ``(E) Foreign government officials who have committed 
     particularly severe violations of religious freedom.--The 
     alien, while serving as a foreign government official, was 
     responsible for, or directly carried out, at any time, 
     particularly severe violations of religious freedom (as 
     defined in section 3 of the International Religious Freedom 
     Act of 1998 (22 U.S.C. 6402)).
       ``(F) Significant traffickers in persons.--

[[Page S2944]]

       ``(i) In general.--The alien is listed in a report 
     submitted under section 111(b) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7108(b)) or the consular 
     officer or the Attorney General knows or has reason to 
     believe that the alien is, or has been, a knowing aider, 
     abettor, assister, conspirator, or colluder with such a 
     trafficker in severe forms of trafficking in persons (as 
     defined in the section 103 of such Act (22 U.S.C. 7102)).
       ``(ii) Beneficiaries of trafficking.--Except as provided in 
     clause (iii), the consular officer or the Attorney General 
     knows or has reason to believe that the alien is the spouse, 
     son, or daughter of an alien ineligible under clause (i), and 
     the alien--

       ``(I) within the previous 5 years, has obtained any 
     financial or other benefit from the illicit activity of that 
     alien; and
       ``(II) knew or reasonably should have known that the 
     financial or other benefit was the product of such illicit 
     activity.

       ``(iii) Exception for certain sons and daughters.--Clause 
     (ii) shall not apply to a son or daughter who was a child at 
     the time he or she received the benefit described in such 
     clause.
       ``(G) Money laundering.--A consular officer or the Attorney 
     General knows, or has reason to believe, that the alien--
       ``(i) has engaged, is engaging, or seeks to enter the 
     United States to engage, in an offense described in section 
     1956 or 1957 of title 18, United States Code (relating to 
     laundering of monetary instruments); or
       ``(ii) is, or has been, a knowing aider, abettor, assister, 
     conspirator, or colluder with others in an offense referred 
     to in clause (i).
                                 ______
                                 
  SA 3347. Mr. BINGAMAN 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:

       On page 374, strike lines 13 through 19 and insert the 
     following:
       (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--
       (A) directly related to an application for adjustment of 
     status under this section; or
       (B) to nonimmigrant workers admitted to, or permitted to 
     remain in, the United States under section 
     101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(b)) for forestry labor or 
     services, if the legal assistance is related to wages, 
     housing, transportation, and other employment rights provided 
     in the specific contract of the worker under which the worker 
     was admitted.
                                 ______
                                 
  SA 3348. Mr. BINGAMAN 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. ___. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS 
                   FOR CERTAIN LEGAL ASSISTANCE.

       Section 305 of the Immigration Reform and Control Act of 
     1986 (8 U.S.C. 1101 note; Public Law 99-603) is amended--
       (1) by striking ``section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a))'' and inserting ``item (a) or (b) of 
     section 101(a)(15)(H)(ii) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(H)(ii))''; and
       (2) by inserting ``or forestry'' after ``agricultural''.
                                 ______
                                 
  SA 3349. Mr. BOND (for himself, Mr. Alexander, and Mr. Gregg) 
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:

       On page 316, strike line 2 and all that follows through 
     page 323, line 24, and insert 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 a master's or 
     doctorate degree or pursuing post-doctoral studies.''.
       (b) Creation of J-STEM Visa Category.--Section 
     101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as 
     follows:
       ``(J) an alien with a residence in a foreign country that 
     the alien has no intention of abandoning who is a bona fide 
     student, scholar, trainee, teacher, professor, research 
     assistant, specialist, or leader in a field of specialized 
     knowledge or skill, or other person of similar description, 
     and who--
       ``(i) is coming temporarily to the United States as a 
     participant in a program (other than a graduate program 
     described in clause (ii))designated by the Director of the 
     United States Information Agency, for the purpose of 
     teaching, instructing or lecturing, studying, observing, 
     conducting research, consulting, demonstrating special 
     skills, or receiving training and who, if coming to the 
     United States to participate in a program under which the 
     alien will receive graduate medical education or training, 
     also meets the requirements of section 212(j), and the alien 
     spouse and minor children of any such alien if accompanying 
     the alien or following to join the alien; or
       ``(ii) has been accepted and plans to attend an accredited 
     graduate program in mathematics, engineering, technology, or 
     the physical or life sciences in the United States for the 
     purpose of obtaining a master's or doctorate degree or 
     pursuing post-doctoral studies.''.
       (c) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 
     1184(b)) is amended by striking ``subparagraph (L) or (V)'' 
     and inserting ``subparagraph (F)(iv), (J)(ii), (L), or (V)''.
       (d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8 
     U.S.C. 1184(m)) is amended--
       (1) by inserting before paragraph (1) the following:
       ``(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 subparagraph (F)(iv) 
     or (J)(ii) of section 101(a)(15) shall be valid--
       ``(A) during the intended period of study in a graduate 
     program described in such section;
       ``(B) for an additional period, not to exceed 1 year after 
     the completion of the graduate program, if the alien is 
     actively pursuing an offer of employment related to the 
     knowledge and skills obtained through the graduate program; 
     and
       ``(C) for the additional period necessary for the 
     adjudication of any application for labor certification, 
     employment-based immigrant petition, and application under 
     section 245(a)(2) to adjust such alien's status to that of an 
     alien lawfully admitted for permanent residence, if such 
     application for labor certification or employment-based 
     immigrant petition has been filed not later than 1 year after 
     the completion of the graduate program.''.
       (e) Waiver of Foreign Residence Requirement.--Section 
     212(e) (8 U.S.C. 1182(e)) is amended--
       (1) by inserting ``(1)'' before ``No person'';
       (2) by striking ``admission (i) whose'' and inserting the 
     following: ``admission--
       ``(A) whose'';
       (3) by striking ``residence, (ii) who'' and inserting the 
     following: ``residence;
       ``(B) who'';
       (4) by striking ``engaged, or (iii) who'' and inserting the 
     following: ``engaged; or
       ``(C) who'';
       (5) by striking ``training, shall'' and inserting the 
     following: ``training,
     ``shall'';
       (6) by striking ``United States: Provided, That upon'' and 
     inserting the following: ``United States.
       ``(2) Upon'';
       (7) by striking ``section 214(l): And provided further, 
     That, except'' and inserting the following: ``section 214(l).
       ``(3) Except''; and
       (8) by adding at the end the following:
       ``(4) An alien who qualifies for adjustment of status under 
     section 214(m)(3)(C) shall not be subject to the 2-year 
     foreign residency requirement under this subsection.''.
       (f) Off Campus Work Authorization for Foreign Students.--
       (1) In general.--Aliens admitted as nonimmigrant students 
     described in section 101(a)(15)(F) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in 
     an off-campus position unrelated to the alien's field of 
     study if--
       (A) the alien has enrolled full time at the educational 
     institution and is maintaining good academic standing;
       (B) the employer provides the educational institution and 
     the Secretary of Labor with an attestation that the 
     employer--
       (i) has spent at least 21 days recruiting United States 
     citizens to fill the position; and
       (ii) will pay the alien and other similarly situated 
     workers at a rate equal to not less than the greater of--

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

       (C) the alien will not be employed more than--
       (i) 20 hours per week during the academic term; or
       (ii) 40 hours per week during vacation periods and between 
     academic terms.
       (2) Disqualification.--If the Secretary of Labor determines 
     that an employer has provided an attestation under paragraph 
     (1)(B) that is materially false or has failed to pay wages in 
     accordance with the attestation, the employer, after notice 
     and opportunity for a hearing, shall be disqualified from 
     employing an alien student under paragraph (1).
       (g) Adjustment of Status.--Section 245(a) (8 U.S.C. 
     1255(a)) is amended to read as follows:
       ``(a) Authorization.--
       ``(1) In general.--The status of an alien, who was 
     inspected and admitted or paroled into the United States, or 
     who has an approved petition for classification under 
     subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1), may be adjusted by the Secretary of 
     Homeland Security or the Attorney General, under such 
     regulations as the Secretary or the Attorney General may 
     prescribe, to that of an alien lawfully admitted for 
     permanent residence if--
       ``(A) the alien makes an application for such adjustment;

[[Page S2945]]

       ``(B) the alien is eligible to receive an immigrant visa;
       ``(C) the alien is admissible to the United States for 
     permanent residence; and
       ``(D) an immigrant visa is immediately available to the 
     alien at the time the application is filed.
       ``(2) Student visas.--Notwithstanding the requirement under 
     paragraph (1)(D), an alien may file an application for 
     adjustment of status under this section if--
       ``(A) the alien has been issued a visa or otherwise 
     provided nonimmigrant status under subparagraph (J)(ii) or 
     (F)(iv) of section 101(a)(15), or would have qualified for 
     such nonimmigrant status if subparagraph (J)(ii) or (F)(iv) 
     of section 101(a)(15) had been enacted before such alien's 
     graduation;
       ``(B) the alien has earned a master's or doctorate degree 
     or completed post-doctoral studies 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.''.
       (h) Use of Fees.--
       (1) Job training; scholarships.--Section 286(s)(1) (8 
     U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent 
     of the fees collected under section 245(a)(2)(D)'' before the 
     period at the end.
       (2) Fraud prevention and detection.--Section 286(v)(1) (8 
     U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent 
     of the fees collected under section 245(a)(2)(D)'' before the 
     period at the end.

     SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

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

       ``(III) has a master's or doctorate degree, or completed 
     post-doctoral studies, 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 a master's or doctorate degree, or 
     completed post-doctoral studies, in science, technology, 
     engineering, or math.'';
                                 ______
                                 
  SA 3350. Mr. COBURN 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. ___. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE 
                   DEPARTMENT OF HOMELAND SECURITY.

       (a) In General.--Section 642 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373) is amended--
       (1) by striking ``Immigration and Naturalization Service'' 
     and inserting ``Department of Homeland Security'' each place 
     it appears; and
       (2) by adding at the end the following:
       ``(d) Enforcement.--
       ``(1) Ineligibility for federal law enforcement aid.--Upon 
     a determination that any person, or any Federal, State, or 
     local government agency or entity, is in violation of 
     subsection (a) or (b), the Attorney General shall not provide 
     to that person, agency, or entity any grant amount pursuant 
     to any law enforcement grant program carried out by any 
     element of the Department of Justice, including the program 
     under section 241(i) of the Immigration and Nationality Act 
     (8 U.S.C. 241(i)), and shall ensure that no such grant 
     amounts are provided, directly or indirectly, to such person, 
     agency, or entity. In the case of grant amounts that 
     otherwise would be provided to such person, agency, or entity 
     pursuant to a formula, such amounts shall be reallocated 
     among eligible recipients.
       ``(2) Violations by government officials.--In any case in 
     which a Federal , State, or local government official is in 
     violation of subsection (a) or (b), the government agency or 
     entity that employs (or, at the time of the violation, 
     employed) the official shall be subject to the sanction under 
     paragraph (1).
       ``(3) Duration.--The sanction under paragraph (1) shall 
     remain in effect until the Attorney General determines that 
     the person, agency, or entity has ceased violating 
     subsections (a) and (b).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to grant requests pending on or after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 3351. Mr. DOMENICI 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. ___. COOPERATION WITH THE GOVERNMENT OF MEXICO.

       (a) Cooperation Regarding Border Security.--The Secretary 
     of State, in cooperation with the Secretary and 
     representatives of Federal, State, and local law enforcement 
     agencies that are involved in border security and immigration 
     enforcement efforts, shall work with the appropriate 
     officials from the Government of Mexico to improve 
     coordination between the United States and Mexico regarding--
       (1) improved border security along the international border 
     between the United States and Mexico;
       (2) the reduction of human trafficking and smuggling 
     between the United States and Mexico;
       (3) the reduction of drug trafficking and smuggling between 
     the United States and Mexico;
       (4) the reduction of gang membership in the United States 
     and Mexico;
       (5) the reduction of violence against women in the United 
     States and Mexico; and
       (6) the reduction of other violence and criminal activity.
       (b) Cooperation Regarding Education on Immigration Laws.--
     The Secretary of State, in cooperation with other appropriate 
     Federal officials, shall work with the appropriate officials 
     from the Government of Mexico to carry out activities to 
     educate citizens and nationals of Mexico regarding 
     eligibility for status as a nonimmigrant under Federal law to 
     ensure that the citizens and nationals are not exploited 
     while working in the United States.
       (c) Cooperation Regarding Circular Migration.--The 
     Secretary of State, in cooperation with the Secretary of 
     Labor and other appropriate Federal officials, shall work 
     with the appropriate officials from the Government of Mexico 
     to improve coordination between the United States and Mexico 
     to encourage circular migration, including assisting in the 
     development of economic opportunities and providing job 
     training for citizens and nationals in Mexico.
       (d) Annual Report.--Not later than 180 days after the date 
     of enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to Congress a report on the 
     actions taken by the United States and Mexico under this 
     section.
                                 ______
                                 
  SA 3352. Mr. VITTER 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 225, beginning on line 17, strike all that follows 
     and insert the following:

                       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--

[[Page S2946]]

       ``(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 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;

[[Page S2947]]

       (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 (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.

[[Page S2948]]

       (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:

       ``(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--

[[Page S2949]]

       (1) pending on the date of the enactment of this Act; or
       (2) filed on or after such date of enactment.
                                 ______
                                 
  SA 3353. Mr. VITTER 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 225, beginning on line 17, strike all that follows, 
     and insert the following:
       (d) Other Studies and Reports.--
       (1) Study by labor.--The Secretary of Labor shall conduct a 
     study on a sector-by-sector basis on the need for guest 
     workers and the impact that any proposed temporary worker or 
     guest worker program would have on wages and employment 
     opportunities of American workers.
       (2) Study by gao.--The Comptroller General of the United 
     States shall conduct a study regarding establishing minimum 
     criteria for effectively implementing any proposed temporary 
     worker program and determining whether the Department has the 
     capability to effectively enforce the program. If the 
     Comptroller General determines that the Department does not 
     have the capability to effectively enforce any proposed 
     temporary worker program, the Comptroller General shall 
     determine what additional manpower and resources would be 
     required to ensure effective implementation.
       (3) Study by the department.--The Secretary shall conduct a 
     study to determine if the border security and interior 
     enforcement measures contained in this Act are being properly 
     implemented and whether they are effective in securing United 
     States borders and curbing illegal immigration.
       (4) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall, in cooperation 
     with the Secretary of Labor and the Comptroller General of 
     the United States, submit a report to Congress regarding the 
     studies conducted pursuant to paragraphs (1), (2), and (3).

                       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:

[[Page S2950]]

       ``(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 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.--

[[Page S2951]]

       (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 (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--

[[Page S2952]]

       (A) pending on the date of the enactment of this Act; or
       (B) filed on or after such date of enactment.
       (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 
     U.S.C. 1182(a)(5)(A)(ii)) is amended--
       (1) in subclause (I), by striking ``or'' at the end;
       (2) in subclause (II), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:

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

       (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``(beginning with fiscal year 1992)''; and
       (B) in subparagraph (A)--
       (i) in clause (vii), by striking ``each succeeding fiscal 
     year; or'' and inserting ``each of fiscal years 2004, 2005, 
     and 2006;''; and
       (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.
                                 ______
                                 
  SA 3354. Mr. ALEXANDER (for himself and Mr. Bingaman) 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:

       On page 321, strike lines 14 through 20 and insert the 
     following:
       ``(G) Aliens who have earned an advanced degree in science, 
     technology, engineering, or math and are employed in a field 
     relating to science, technology, engineering, or math in the 
     United States under a nonimmigrant visa during the 3-year 
     period preceding the application of the alien for an 
     immigrant visa under section 203(b).
                                 ______
                                 
  SA 3355. Mr. ALEXANDER (for himself and Mr. Bingaman) 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:

       On page 320, strike lines 17 through 20 and insert the 
     following:
       ``(3) Limitation.--An application for adjustment of status 
     filed under this section may not be approved until an 
     immigrant visa number becomes available.
       ``(4) Filing in cases of unavailable visa numbers.--Subject 
     to the limitation described in paragraph (3), if a 
     supplemental petition fee is paid for a petition under 
     subparagraph (E) or (F) of section 204(a)(1), an application 
     under paragraph (1) on behalf of an alien that is a 
     beneficiary of the petition (including a spouse or child who 
     is accompanying or following to join the beneficiary) may be 
     filed without regard to the requirement under paragraph 
     (1)(D).
       ``(5) Pending applications.--Subject to the limitation 
     described in paragraph (3), if a petition under subparagraph 
     (E) or (F) of section 204(a)(1) is pending or approved as of 
     the date of enactment of this paragraph, on payment of the 
     supplemental petition fee under that section, the alien that 
     is the beneficiary of the petition may submit an application 
     for adjustment of status under this subsection without regard 
     to the requirement under paragraph (1)(D).
       ``(6) Employment authorizations and advanced parole travel 
     documentation.--The Attorney General shall--
       ``(A) provide to any immigrant who has submitted an 
     application for adjustment of status under this subsection 
     not less than 3 increments, the duration of each of which 
     shall be not less than 3 years, for any applicable employment 
     authorization or advanced parole travel document of the 
     immigrant; and
       ``(B) adjust each applicable fee payment schedule in 
     accordance with the increments provided under subparagraph 
     (A) so that 1 fee for each authorization or document is 
     required for each 3-year increment.''.
       On page 324, after line 22, insert the following:
       (e) Temporary Worker Visa Duration.--Section 106 of the 
     American Competitiveness in the Twenty-First Century Act of 
     2000 (Public Law 106-313; 114 Stat. 1254) is amended by 
     striking subsection (b) and inserting the following:
       ``(b) Extension of H-1B Worker Status.--The Attorney 
     General shall--
       ``(1) extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in not less than 3 increments, 
     the duration of each of which shall be not less than 3 years, 
     until such time as a final decision is made with respect to 
     the lawful permanent residence of the alien; and
       ``(2) adjust each applicable fee payment schedule in 
     accordance with the increments provided under paragraph (1) 
     so that 1 fee is required for each 3-year increment.''.
                                 ______
                                 
  SA 3356. Mr. SESSIONS 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 line 13 through page 13, line 21, and 
     insert the following:

     SEC. 105. PORTS OF ENTRY.

       To facilitate the flow of trade, commerce, tourism, and 
     legal immigration, the Secretary shall--
       (1) at locations to be determined by the Secretary, 
     increase by at least 25 percent, the number of ports of entry 
     along the southwestern international border of the United 
     States;
       (2) increase the ports of entry along the northern 
     international land border as needed; and
       (3) 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-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-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) Other Sectors.--
       (1) Reinforced fencing--The Secretary shall construct a 
     double- or triple-layered fence
       (A) extending from 10 miles west of the Tecate, California, 
     port of entry to 10 miles east of the Tecate, California, 
     port of entry;
       (B) extending from 10 miles west of the Calexico, 
     California, port of entry to 5 miles east of the Douglas, 
     Arizona, port of entry;
       (C) extending from 5 miles west of the Columbus, New 
     Mexico, port of entry to 10 miles east of El Paso, Texas;
       (D) extending from 5 miles northwest of the Del Rio, Texas, 
     port of entry to 5 miles southeast of the Eagle Pass, Texas, 
     port of entry; and
       (E) extending 15 miles northwest of the Laredo, Texas, port 
     of entry to the Brownsville, Texas, port of entry.
       (d) Construction Deadline.--The Secretary shall immediately 
     commence construction of the fencing, barriers, and roads 
     described in subsections (a), (b) and (c), and shall complete 
     such construction not later than 2 years after the date of 
     the enactment of this Act.
       (e) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes the progress that has been made in 
     constructing

[[Page S2953]]

     the fencing, barriers, and roads described in subsections 
     (a), (b) and (c).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3357. Mr. SESSIONS 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 line 13 through page 13, line 21, and 
     insert the following:

     ``SEC. 105. PORTS OF ENTRY.

       To facilitate the flow of trade, commerce, tourism, and 
     legal immigration, the Secretary shall--
       (1) at locations to be determined by the Secretary, 
     increase by at least 25 percent, the number of ports of entry 
     along the southwestern international border of the United 
     States;
       (2) increase the ports of entry along the northern 
     international land border as needed; and
       (3) 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-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-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) Other Sectors.--
       (1) Reinforced fencing--The Secretary shall construct not 
     less than 700 additional miles or double- or triple-layered 
     fencing at strategic locations along the southwest 
     international border to be determined by the Secretary.
       (2) Priority Areas.--In determining strategic locations 
     under paragraph (c)(1), the Secretary shall prioritize, to 
     the maximum extent practicable--
       (A) areas with the highest illegal alien apprehension 
     rates; and
       (B) areas with the highest human and drug trafficking 
     rates, in the determination of the Secretary.
       (d) Construction Deadline.--The Secretary shall immediately 
     commence construction of the fencing, barriers, and roads 
     described in subsections (a) (b) and (c), and shall complete 
     such construction not later than 2 years after the date of 
     the enactment of this Act.
       (e) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes the progress that has been made in 
     constructing the fencing, barriers, and roads described in 
     subsections (a) (b) and (c).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.''
                                 ______
                                 
  SA 3358. Mr. SESSIONS 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 end, add the following:

              TITLE VII--IMMIGRATION LITIGATION REDUCTION

     SEC. 701. CONSOLIDATION OF IMMIGRATION APPEALS.

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

     SEC. 702. CERTIFICATE OF REVIEWABILITY.

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

[[Page S2954]]

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

       ``(vi) If no certificate of reviewability is issued before 
     the end of the period described in clause (iv), including any 
     extension under clause (v), the petition for review shall be 
     denied, any stay or injunction on petitioner's removal shall 
     be dissolved without further action by the court or the 
     Government, and the alien may be removed.
       ``(vii) If such judge issues a certificate of reviewability 
     under clause (ii), the Government shall be afforded an 
     opportunity to file a brief in response to the alien's brief. 
     The alien may serve and file a reply brief not later than 14 
     days after service of the Government brief, and the court may 
     not extend this deadline except upon motion for good cause 
     shown.
       ``(E) No further review of decision not to issue a 
     certificate of reviewability.--The decision of a judge on the 
     Federal Circuit Court of Appeals not to issue a certificate 
     of reviewability or to deny a petition for review, shall be 
     the final decision for the Federal Circuit Court of Appeals 
     and may not be reconsidered, reviewed, or reversed by the 
     such Court through any mechanism or procedure.''.
                                 ______
                                 
  SA 3359. Mr. SESSIONS 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:

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

     SEC. 105. PORTS OF ENTRY.

       To facilitate the flow of trade, commerce, tourism, and 
     legal immigration, the Secretary shall--
       (1) at locations to be determined by the Secretary, 
     increase by at least 25 percent the number of ports of entry 
     along the southwestern border of the United States;
       (2) increase the ports of entry along the northern 
     international land border as needed; and
       (3) make necessary improvements to the ports of entry in 
     existence on the date of the enactment of this Act.
       On page 13, between lines 5 and 6 insert the following:
       (c) Other Sectors.--
       (1) Reinforced fencing.--The Secretary shall construct not 
     less than 700 additional miles of double- or triple-layered 
     fencing at strategic locations along the southwest border to 
     be determined by the Secretary.
       (2) Priority areas.--In determining strategic locations 
     under paragraph (1), the Secretary shall prioritize, to the 
     maximum extent practicable--
       (A) areas with the highest illegal alien apprehension 
     rates; and
       (B) areas with the highest human and drug trafficking 
     rates, in the determination of the Secretary.
       On page 13, line 6, strike ``(c)'' and insert ``(d)''.
       On page 13, line 11, strike ``(d)'' and insert ``(e)''.
       On page 13, line 18, strike ``(e)'' and insert ``(f)''.
                                 ______
                                 
  SA 3360. Mr. SMITH (for himself and Mr. Wyden) 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:

       On page 248, line 11, insert ``AND WIDOWS'' after 
     ``CHILDREN''.
       On page 249, line 3, insert ``or, if married for less than 
     2 years at the time of the citizen's death, proves by a 
     preponderance of the evidence that the marriage was entered 
     into in good faith and not solely for the purpose of 
     obtaining an immigration benefit,'' after ``death''.
       On page 249, after line 25, add the following:
       (c) Transition Period.--
       (1) In general.--In applying clause (iii) of section 
     201(b)(2)(A) of the Immigration and Nationality Act, as added 
     by subsection (a), to an alien whose citizen relative died 
     before the date of the enactment of this Act, the alien 
     relative may (notwithstanding the deadlines specified in such 
     clause) file the classification petition under section 
     204(a)(1)(A)(ii) of such Act not later than 2 years after the 
     date of the enactment of this Act.
       (2) Eligibility for parole.--If an alien was excluded, 
     deported, removed or departed voluntarily before the date of 
     the enactment of this Act based solely upon the alien's lack 
     of classification as an immediate relative (as defined by 
     201(b)(2)(A)(ii) of the Immigration and Nationality Act) due 
     to the citizen's death--
       (A) such alien shall be eligible for parole into the United 
     States pursuant to the Attorney General's discretionary 
     authority under section 212(d)(5) of such Act; and
       (B) such alien's application for adjustment of status shall 
     be considered notwithstanding section 212(a)(9) of such Act.
       (d) Adjustment of Status.--Section 245 (8 U.S.C. 1255) is 
     amended by adding at the end the following:
       ``(n) Application for Adjustment of Status by Surviving 
     Spouses, Parents, and Children.--
       ``(1) In general.--Any alien described in paragraph (2) who 
     applies for adjustment of status before the death of the 
     qualifying relative, may have such application adjudicated as 
     if such death had not occurred.
       ``(2) Alien described.--An alien is described in this 
     paragraph is an alien who--
       ``(A) is an immediate relative (as described in section 
     201(b)(2)(A));
       ``(B) is a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203);
       ``(C) is a derivative beneficiary of an employment-based 
     immigrant under section 203(b) (as described in section 
     203(d)); or
       ``(D) is a derivative beneficiary of a diversity immigrant 
     (as described in section 203(c)).''.
       (e) Transition Period.--
       (1) In general.--Notwithstanding a denial of an application 
     for adjustment of status for an alien whose qualifying 
     relative died before the date of the enactment of this Act, 
     such application may be renewed by the alien through a motion 
     to reopen, without fee, if such motion is filed not later 
     than 2 years after such date of enactment.
       (2) Eligibility for parole.--If an alien was excluded, 
     deported, removed or departed voluntarily before the date of 
     the enactment of this Act--
       (A) such alien shall be eligible for parole into the United 
     States pursuant to the Attorney General's discretionary 
     authority under section 212(d)(5) of the Immigration and 
     Nationality Act; and
       (B) such alien's application for adjustment of status shall 
     be considered notwithstanding section 212(a)(9) of such Act.
       (f) Processing of Immigrant Visas.--Section 204(b) (8 
     U.S.C. 1154) is amended--
       (1) by striking ``After an investigation'' and inserting 
     the following:
       ``(1) In general.--After an investigation''; and
       (2) by adding at the end the following:
       ``(2) Death of qualifying relative.--
       ``(A) In general.--Any alien described in paragraph (2) 
     whose qualifying relative died before the completion of 
     immigrant visa processing may have an immigrant visa 
     application adjudicated as if such death had not occurred. An 
     immigrant visa issued before the death of the qualifying 
     relative shall remain valid after such death.
       ``(B) Alien described.--An alien is described in this 
     paragraph is an alien who--
       ``(i) is an immediate relative (as described in section 
     201(b)(2)(A));
       ``(ii) is a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203);
       ``(iii) is a derivative beneficiary of an employment-based 
     immigrant under section 203(b) (as described in section 
     203(d)); or
       ``(iv) is a derivative beneficiary of a diversity immigrant 
     (as described in section 203(c)).''.
       (g) Naturalization.--Section 319(a) (8 U.S.C. 1429(a)) is 
     amended by inserting ``(or, if the spouse is deceased, the 
     spouse was a citizen of the United States)'' after ``citizen 
     of the United States''.
                                 ______
                                 
  SA 3361. Mr. GRASSLEY (for himself and Mr. Kyl) 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:

       Strike title III and insert the following:

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

       ``(a) Making Employment of Unauthorized Aliens Unlawful.--
       ``(1) In general.--It is unlawful for an employer--
       ``(A) to hire, or to recruit or refer for a fee, an alien 
     for employment in the United States knowing, or with reckless 
     disregard, that the alien is an unauthorized alien with 
     respect to such employment; or
       ``(B) to hire, or to recruit or refer for a fee, for 
     employment in the United States an individual unless such 
     employer meets the requirements of subsections (c) and (d).
       ``(2) Continuing employment.--It is unlawful for an 
     employer, after lawfully hiring an alien for employment, to 
     continue to employ the alien in the United States knowing 
     that the alien is (or has become) an unauthorized alien with 
     respect to such employment.
       ``(3) Use of labor through contract.--Any employer who uses 
     a contract, subcontract, or exchange to obtain the labor of 
     an alien in the United States knowing 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). Any 
     employer who uses a contract, subcontract, or exchange to 
     obtain the labor of a person in the United States shall be in 
     violation of paragraph (1)(B) unless--
       ``(A) the employer includes in the contract or subcontract 
     or other binding agreement a requirement that the person 
     hiring the alien shall comply with this section and keep 
     records necessary to demonstrate compliance with this 
     section; and

[[Page S2955]]

       ``(B) the employer exercises reasonable diligence to ensure 
     that person complies with this section.
       ``(4) Defense.--
       ``(A) In general.--Subject to subparagraph (B), an employer 
     that establishes that the employer has complied in good faith 
     with the requirements of subsections (c) and (d) has 
     established an affirmative defense that the employer has not 
     violated paragraph (1)(A) with respect to such hiring, 
     recruiting, or referral.
       ``(B) Exception.--Until the date that an employer is 
     required to participate in the Electronic Employment 
     Verification System under subsection (d) or is permitted to 
     participate in such System on a voluntary basis, the employer 
     may establish an affirmative defense under subparagraph (A) 
     by complying with the requirements of subsection (c).
       ``(b) Order of Internal Review and Certification of 
     Compliance.--
       ``(1) Authority to require certification.--If the Secretary 
     has reasonable cause to believe that an employer has failed 
     to comply with this section, the Secretary is authorized, at 
     any time, to require that the employer certify that the 
     employer is in compliance with this section, or has 
     instituted a program to come into compliance.
       ``(2) Content of certification.--Not later than 60 days 
     after the date an employer receives a request for a 
     certification under paragraph (1) the 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 verify that the 
     individual is eligible for such employment by 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) Registration of employers.--An employer shall 
     register the employer's participation in the System in the 
     manner prescribed by the Secretary prior to the date the 
     employer is required or permitted to submit information with 
     respect to an employee under paragraph (3) or (4) of 
     subsection (d).
       ``(v) 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 
     social security account number card issued by the 
     Commissioner of Social Security (other than a card which 
     bears the legend `not valid for employment' or `valid for 
     work only with DHS authorization').
       ``(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 satisfies the 
     requirements of the REAL ID Act of 2005 (division B of Public 
     Law 109-13; 119 Stat. 302);
       ``(ii) employee identification card issued by a Federal 
     agency or department, including a branch of the Armed Forces, 
     or an agency or department 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

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

       ``(I) the Secretary determines is a reliable means of 
     identification;
       ``(II) contains the individual's photograph or information 
     including the individual's name, date of birth, gender, and 
     address; and
       ``(III) 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, or to be recruited or referred for a fee, in the 
     United States.
       ``(ii) Signature for examination.--An attestation required 
     by clause (i) may be manifested by a handwritten or 
     electronic signature.
       ``(B) Penalties.--An individual who falsely represents that 
     the individual is eligible for employment in the United 
     States in an attestation required by subparagraph (A) shall, 
     for each such violation, be subject to a fine of not more 
     than $5,000, a term of imprisonment not to exceed 3 years, or 
     both.
       ``(3) Retention of attestation.--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 recordkeeping 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 be designated as copied 
     documents and 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 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.

[[Page S2956]]

       ``(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 business 
     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) Extension of time.--The Secretary, in consultation 
     with the Commissioner of Social Security, may extend the 10-
     day period described in clause (i) for no more than 180 days 
     if the information needed to resolve an initial negative 
     response cannot be obtained by or submitted to the Secretary 
     or the Commissioner and verified or entered into the System 
     within such 10-day period.
       ``(iii) Automatic extension.--If the most recent previous 
     report submitted by the Comptroller General of the United 
     States under paragraph (12) includes an assessment that the 
     System is not able to issue, during a period that averages 10 
     days or less, a final notice in at least 99 percent of the 
     cases in which the notice relates to an individual who is 
     eligible for employment in the United States, the Secretary 
     shall automatically extend the 10-day period referred to in 
     clause (i) to a period of not less than 180 days.
       ``(iv) 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;
       ``(iii) to track and record any occurrence when the System 
     is inoperable;
       ``(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;
       ``(vi) to have reasonable safeguards, developed in 
     consultation with the Attorney General, to prevent employers 
     from using the System to engage in unlawful discriminatory 
     practices, based on national origin or citizenship status; 
     and
       ``(vii) to establish a process to allow an individual to 
     verify the individual's employment eligibility prior to 
     obtaining or changing employment to facilitate the updating 
     and correction of information used by the System.
       ``(E) Responsibilities of the commissioner of social 
     security.--The responsibilities of the Commissioner of Social 
     Security with respect to the System are set out in section 
     205(c)(2) of the Social Security Act.
       ``(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 is consistent with 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 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 paragraph (4), the Secretary shall require employers to 
     participate in the System as follows:
       ``(A) Critical employers.--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 any 
     employer or class of employers to participate in the System 
     with respect to employees hired prior to, on, or after such 
     date of enactment if the Secretary designates such employer 
     or class of employers, in the Secretary's sole and 
     unreviewable discretion, as a critical employer based on 
     critical infrastructure, national security, or homeland 
     security needs.
       ``(B) Remaining employers.--The Secretary shall require all 
     employers in the United States to participate in the System, 
     with respect to all employees hired by the employer on or 
     after the date that is 18 months after the date that funds 
     are appropriated and made available to the Secretary to 
     implement this subsection.
       ``(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 causes to believe that the employer has engaged in 
     violations of the immigration laws.
       ``(5) Requirement to publish.--The Secretary shall publish 
     in the Federal Register the requirements for participation in 
     the System as described in paragraphs (3) and (4) prior to 
     the effective date of such requirements.
       ``(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 shall, with respect to the hiring, or recruiting or 
     referring for a fee, any individual for employment in the 
     United States, shall--
       ``(i) obtain from the individual and record on the form 
     designated by the Secretary--

       ``(I) the individual's name and date of birth;
       ``(II) the individual's social security account number; and
       ``(III) 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 alien identification or authorization 
     number that the Secretary shall require;

       ``(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) Initial inquiry.--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 shall provide the 
     individual with detailed information about the right to 
     contest the tentative nonconfirmation and the procedures

[[Page S2957]]

     established by the Secretary and the Commissioner of Social 
     Security for contesting such nonconfirmation.
       ``(II) No contest.--If the individual does not contest the 
     tentative nonconfirmation notice under subclause (I) within 
     10 business 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 
     under procedures prescribed by the Secretary, in consultation 
     with the Commissioners of Social Security, not later than 10 
     business days after receiving the notice from the 
     individual's employer and shall utilize the verification 
     process developed under paragraph (2)(C)(iii).
       ``(IV) Effective period of tentative nonconfirmation.--A 
     tentative nonconfirmation notice shall remain in effect until 
     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 such tentative nonconfirmation.
       ``(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.--If the employer has 
     received a final nonconfirmation regarding an individual, the 
     employer shall terminate the employment, recruitment, or 
     referral of the individual. Such employer shall provide to 
     the Secretary any information relating to the individual that 
     the Secretary determines would assist the Secretary in 
     enforcing or administering the immigration laws. If the 
     employer continues to employ, recruit, or refer the 
     individual after receiving final nonconfirmation, a 
     rebuttable presumption is created that the employer has 
     violated subsections (a)(1)(A) and (a)(2). Such presumption 
     may not apply to a prosecution under subsection (f)(1).
       ``(8) Construction.--Nothing in this section shall be 
     construed to limit the right of an individual who claims to 
     be a national of the United States to pursue that claim as 
     provided for in section 360(a).
       ``(9) Protection from liability.--No employer that 
     participates in the System shall be liable under any law for 
     any employment-related action taken with respect to an 
     individual in good faith reliance on information provided by 
     the System.
       ``(10) 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 any provision of law.
       ``(11) Modification authority.--The Secretary, after notice 
     is submitted to Congress and provided to the public in the 
     Federal Register, is authorized to modify the requirements of 
     this subsection with respect to completion of forms, method 
     of storage, attestations, copying of documents, signatures, 
     methods of transmitting information, and other operational 
     and technical aspects to improve the efficiency, accuracy, 
     and security of the System.
       ``(12) Annual gao study and report.--
       ``(A) Requirement.--The Comptroller General of the United 
     States shall conduct an annual study of the System.
       ``(B) Purpose.--The study shall evaluate the accuracy, 
     integrity, and impact of the System.
       ``(C) Report.--Not later than 12 months after the date of 
     the enactment of the Comprehensive Immigration Reform Act of 
     2006, and annually thereafter, the Comptroller General shall 
     submit to Congress a report containing the findings of the 
     study carried out under this paragraph. Such report shall 
     include, at a minimum, the following:
       ``(i) An assessment of System performance with respect to 
     the rate at which individuals who are eligible for employment 
     in the United States are correctly approved within 10 days, 
     including the assessment described in paragraph (2)(C)(iii).
       ``(ii) An assessment of the privacy and security of the 
     System and its impact on identity fraud or the misuse of 
     personal data.
       ``(iii) An assessment of the impact of the System on the 
     employment of unauthorized aliens and employment 
     discrimination based on national origin or citizenship.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     regarding potential violations of subsection (a);
       ``(B) for the investigation of such complaints that the 
     Secretary determines are appropriate to investigate; and
       ``(C) for the investigation of other violations of 
     subsection (a) that the Secretary determines 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, may compel by 
     subpoena the attendance of witnesses and the production of 
     evidence at any designated place in an investigation or case 
     under this subsection.
       ``(B) Failure to cooperate.--In case of refusal to obey a 
     subpoena lawfully issued under subparagraph (A)(ii), the 
     Secretary may request that the Attorney General apply in an 
     appropriate district court of the United States for an order 
     requiring compliance with such subpoena, and any failure to 
     obey such order may be punished by such court as contempt.
       ``(C) Department of labor.--The Secretary of Labor shall 
     have the investigative authority provided under section 11(a) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to 
     ensure compliance with the provisions of this section.
       ``(3) Compliance procedures.--
       ``(A) Prepenalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) 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) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     requirements of subsections (c) and (d), shall pay a civil 
     penalty as follows:
       ``(i) Pay a civil penalty of not less than $200 and not 
     more than $2,000 for each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     under this subparagraph, pay a civil penalty of not less than 
     $400 and not more than $4,000 for each such violation.

[[Page S2958]]

       ``(iii) If the employer has previously been fined more than 
     1 time under this subparagraph or has failed to comply with a 
     previously issued and final order related to such 
     requirements, pay a civil penalty of $6,000 for each such 
     violation.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary may impose additional penalties for 
     violations, including cease and desist orders, specially 
     designed compliance plans to prevent further violations, 
     suspended fines to take effect in the event of a further 
     violation, and in appropriate cases, the civil penalty 
     described in subsection (g)(2).
       ``(D) Reduction of penalties.--Notwithstanding 
     subparagraphs (A), (B), and (C), the Secretary is authorized 
     to reduce or mitigate penalties imposed upon employers, based 
     upon factors including the employer's hiring volume, 
     compliance history, good faith implementation of a compliance 
     program, participation in a temporary worker program, and 
     voluntary disclosure of violations of this subsection to the 
     Secretary.
       ``(E) Adjustment for inflation.--All penalties in this 
     section may be adjusted every 4 years to account for 
     inflation, as provided by law.
       ``(5) Judicial review.--An employer adversely affected by a 
     final determination may, within 45 days after the date the 
     final determination is issued, file a petition in the Court 
     of Appeals for the appropriate circuit for review of the 
     order. The filing of a petition as provided in this paragraph 
     shall stay the Secretary's determination until entry of 
     judgment by the court. The burden shall be on the employer to 
     show that the final determination was not supported by 
     substantial evidence. The Secretary is authorized to require 
     that the petitioner provide, prior to filing for review, 
     security for payment of fines and penalties through bond or 
     other guarantee of payment acceptable to the Secretary.
       ``(6) Enforcement of orders.--If an employer fails to 
     comply with a final determination issued against that 
     employer under this subsection, and the final determination 
     is not subject to review as provided in paragraph (5), the 
     Attorney General may file suit to enforce compliance with the 
     final determination in any appropriate district court of the 
     United States. In any such suit, the validity and 
     appropriateness of the final determination shall not be 
     subject to review.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 6 months for the entire 
     pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting such relief, including 
     a permanent or temporary injunction, restraining order, or 
     other order against the employer, as the Secretary deems 
     necessary.
       ``(g) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referring for a fee, of an individual, 
     to require the individual to post a bond or security, to pay 
     or agree to pay an amount, or otherwise to provide a 
     financial guarantee or indemnity, against any potential 
     liability arising under this section relating to such hiring, 
     recruiting, or referring of the individual.
       ``(2) Civil penalty.--Any employer which is determined, 
     after notice and opportunity for mitigation of the monetary 
     penalty under subsection (e), to have violated paragraph (1) 
     of this subsection shall be subject to a civil penalty of 
     $10,000 for each violation and to an administrative order 
     requiring the return of any amounts received in violation of 
     such paragraph to the employee or, if the employee cannot be 
     located, to the Employer Compliance Fund established under 
     section 286(w).
       ``(h) Prohibition on Award of Government Contracts, Grants, 
     and Agreements.--
       ``(1) Employers with no contracts, grants, or agreements.--
       ``(A) In general.--If an employer who does not hold a 
     Federal contract, grant, or cooperative agreement is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer shall be debarred from the receipt of a Federal 
     contract, grant, or cooperative agreement for a period of 2 
     years. The Secretary or the Attorney General shall advise the 
     Administrator of General Services of such a debarment, and 
     the Administrator of General Services shall list the employer 
     on the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs for a period of 2 years.
       ``(B) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive operation of this subsection or may limit the duration 
     or scope of the debarment.
       ``(2) Employers with contracts, grants, or agreements.--
       ``(A) In general.--An employer who holds a Federal 
     contract, grant, or cooperative agreement and is determined 
     by the Secretary 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 alternate action 
     under this subparagraph shall not be judicially reviewed.
       ``(3) Suspension.--Indictments for violations of this 
     section or adequate evidence of actions that could form the 
     basis for debarment under this subsection shall be considered 
     a cause for suspension under the procedures and standards for 
     suspension prescribed by the Federal Acquisition Regulation.
       ``(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) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(3) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary.''.
       (b) Conforming Amendments.--
       (1) Amendments.--
       (A) Repeal of basic pilot.--Sections 401, 402, 403, 404, 
     and 405 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note) are repealed.
       (B) Repeal of reporting requirements.--
       (i) Report on earnings of aliens not authorized to work.--
     Subsection (c) of section 290 (8 U.S.C. 1360) is repealed.
       (ii) Report on fraudulent use of social security account 
     numbers.--Subsection (b) of section 414 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1360 note) is 
     repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under sections 401, 
     402, 403, 404, and 405 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note) in the Electronic 
     Employment Verification System established pursuant to such 
     subsection (d).
       (c) Technical Amendments.--
       (1) Definition of unauthorized alien.--Sections 218(i)(1) 
     (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
     274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) 
     (8 U.S.C.

[[Page S2959]]

     1324b(a)(1)) are amended by striking ``274A(h)(3)'' and 
     inserting ``274A''.
       (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
     is amended--
       (A) in subsections (a)(6) and (g)(2)(B), by striking 
     ``274A(b)'' and inserting ``274A(d)''; and
       (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' 
     and inserting ``274A(d)''.
       (d) Amendments to the Social Security Act.--Section 
     205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is 
     amended by adding at the end the following new subparagraphs:
       ``(I)(i) The Commissioner of Social Security shall 
     establish a reliable, secure method to provide through the 
     Electronic Employment Verification System established 
     pursuant to subsection (d) of section 274A of the Immigration 
     and Nationality Act (referred to in this subparagraph as the 
     `System'), within the time periods required by paragraphs 
     (2)(B) and (2)(C) of such subsection--
       ``(I) a determination of whether the name and social 
     security account number of an individual provided in an 
     inquiry made to the System by an employer is consistent with 
     such information maintained by the Commissioner in order to 
     confirm the validity of the information provided;
       ``(II) a determination of whether such social security 
     account number was issued to such individual;
       ``(III) determination of the citizenship status associated 
     with such name and social security account number, according 
     to the records maintained by the Commissioner;
       ``(IV) a determination of whether the name and number 
     belongs to an individual who is deceased, according to the 
     records maintained by the Commissioner;
       ``(V) a determination of whether the name and number is 
     blocked in accordance with clause (ii); and
       ``(VI) a confirmation notice or a nonconfirmation notice 
     described in such paragraph (2)(B) or (2)(C), in a manner 
     that ensures that other information maintained by the 
     Commissioner is not disclosed or released to employers 
     through the System.
       ``(ii) The Commissioner of Social Security shall prevent 
     the fraudulent or other misuse of a social security account 
     number by establishing procedures under which an individual 
     who has been assigned a social security account number may 
     block the use of such number under the System and remove such 
     block.
       ``(J) In assigning social security account numbers to 
     aliens who are authorized to work in the United States under 
     section 218A of the Immigration and Nationality Act, the 
     Commissioner of Social Security shall, to the maximum extent 
     practicable, assign such numbers by employing the enumeration 
     procedure administered jointly by the Commissioner, the 
     Secretary of State, and the Secretary.''.
       (e) Disclosure of Certain Taxpayer Identity Information.--
       (1) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(21) Disclosure of certain taxpayer identity information 
     by social security administration to department of homeland 
     security.--
       ``(A) In general.--From taxpayer identity information which 
     has been disclosed to the Social Security Administration and 
     upon written request by the Secretary of Homeland Security, 
     the Commissioner of Social Security shall disclose directly 
     to officers, employees, and contractors of the Department of 
     Homeland Security the following information:
       ``(i) Disclosure of employer no match notices.--Taxpayer 
     identity information of each person who has filed an 
     information return required by reason of section 6051 who has 
     received written notice from the Commissioner of Social 
     Security during calendar year 2005, 2006, or 2007 that such 
     person reported remuneration on such a return--

       ``(I) with more than 100 names and taxpayer identifying 
     numbers of employees (within the meaning of such section) 
     that did not match the records maintained by the Commissioner 
     of Social Security, or
       ``(II) with more than 10 names of employees (within the 
     meaning of such section) with the same taxpayer identifying 
     number.

       ``(ii) Disclosure of information regarding use of duplicate 
     employee taxpayer identifying information.--Taxpayer identity 
     information of each person who has filed an information 
     return required by reason of section 6051 which the 
     Commissioner of Social Security has reason to believe is the 
     result of identity fraud due to the use by multiple persons 
     filing such returns of the same taxpayer identifying number 
     (assigned under section 6109) of an employee (within the 
     meaning of section 6051).
       ``(iii) Disclosure of information regarding 
     nonparticipating employers.--Taxpayer identity information of 
     each person who has filed an information return required by 
     reason of section 6051 and for which the Commissioner of 
     Social Security has reason to believe is not recorded as 
     participating in the Electronic Employment Verification 
     System authorized under section 274A(d) of the Immigration 
     and Nationality Act (hereafter in this paragraph referred to 
     as the `System').
       ``(iv) Disclosure of information regarding new employees of 
     nonparticipating employers.--Upon certification by the 
     Secretary of Homeland Security that each person identified by 
     such request based on the records of the Department of 
     Homeland Security is not recorded as participating in the 
     System, taxpayer identity information of all employees 
     (within the meaning of section 6051) of such person hired 
     after the date which such person is required to participate 
     in the System under section 274A(d)(3)(B) of the Immigration 
     and Nationality Act.
       ``(v) Disclosure of information regarding employees of 
     certain designated employers.--Upon certification by the 
     Secretary of Homeland Security that each person identified by 
     such request based on the records of the Department of 
     Homeland Security is designated by the Secretary of Homeland 
     Security under section 274A(d)(3)(A) of the Immigration and 
     Nationality Act or is required by the Secretary of Homeland 
     Security to participate in the System under section 
     274A(d)(4)(B) of such Act, taxpayer identity information of 
     all employees (within the meaning of section 6051) of such 
     person.
       ``(vi) Disclosure of new hire taxpayer identity 
     information.--Taxpayer identity information of each person 
     participating in the System and taxpayer identity information 
     of all employees (within the meaning of section 6051) of such 
     person hired during the period beginning with the later of--

       ``(I) the earlier of the date such person volunteers to 
     participate in the System or the date such person is required 
     to participate in the System, or
       ``(II) the date of the request immediately preceding the 
     most recent request under this clause.

       ``(B) Restriction on disclosure.--The Commissioner of 
     Social Security shall disclose taxpayer identity information 
     under subparagraph (A) only for purposes of, and to the 
     extent necessary in--
       ``(i) establishing and enforcing employer participation in 
     the System,
       ``(ii) carrying out, including through civil administrative 
     and civil judicial proceedings, of sections 212, 217, 235, 
     237, 238, 274A, and 274C of the Immigration and Nationality 
     Act, and
       ``(iii) the civil operation of the Alien Terrorist Removal 
     Court.
       ``(C) Reimbursement.--The Commissioner of Social Security 
     shall prescribe a reasonable fee schedule for furnishing 
     taxpayer identity information under this paragraph and 
     collect such fees in advance from the Secretary of Homeland 
     Security.
       ``(D) Termination.--This paragraph shall not apply to any 
     request made after the date which is 3 years after the date 
     of the enactment of this paragraph.''.
       (2) Compliance by dhs contractors with confidentiality 
     safeguards.--
       (A) In general.--Section 6103(p) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(9) Disclosure to dhs contractors.--Notwithstanding any 
     other provision of this section, no return or return 
     information shall be disclosed to any contractor of the 
     Department of Homeland Security unless such Department, to 
     the satisfaction of the Secretary--
       ``(A) has requirements in effect which require each such 
     contractor which would have access to returns or return 
     information to provide safeguards (within the meaning of 
     paragraph (4)) to protect the confidentiality of such returns 
     or return information,
       ``(B) agrees to conduct an on-site review every 3 years 
     (mid-point review in the case of contracts or agreements of 
     less than 1 year in duration) of each contractor to determine 
     compliance with such requirements,
       ``(C) submits the findings of the most recent review 
     conducted under subparagraph (B) to the Secretary as part of 
     the report required by paragraph (4)(E), and
       ``(D) certifies to the Secretary for the most recent annual 
     period that such contractor is in compliance with all such 
     requirements.
     The certification required by subparagraph (D) shall include 
     the name and address of each contractor, a description of the 
     contract or agreement with such contractor, and the duration 
     of such contract or agreement.''.
       (3) Conforming amendments.--
       (A) Section 6103(a)(3) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (B) Section 6103(p)(3) of such Code is amended by striking 
     ``or (18)'' and inserting ``(18), or (21)''.
       (C) Section 6103(p)(4) of such Code is amended--
       (i) by striking ``or (17)'' both places it appears and 
     inserting ``(17), or (21)'', and
       (ii) by striking ``or (20)'' each place it appears and 
     inserting ``(20), or (21)''.
       (D) Section 6103(p)(8)(B) of such Code is amended by 
     inserting ``or paragraph (9)'' after ``subparagraph (A)''.
       (E) Section 7213(a)(2) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary such sums as are necessary to carry out the 
     amendments made by this section.
       (2) Limitation on verification responsibilities of 
     commissioner of social security.--The Commissioner of Social 
     Security is authorized to perform activities with respect to 
     carrying out the Commissioner's responsibilities in this 
     title or the amendments made by this title, but only to the 
     extent the Secretary of Homeland Security has provided, in 
     advance, funds to cover the Commissioner's full costs in 
     carrying out such responsibilities. In no case shall funds

[[Page S2960]]

     from the Federal Old-Age and Survivors Insurance Trust Fund 
     or the Federal Disability Insurance Trust Fund be used to 
     carry out such responsibilities.
       (g) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), (c), and (d) shall take effect on the date that is 180 
     days after the date of the enactment of this Act.
       (4) Subsection (e).--
       (A) In general.--The amendments made by subsection (e) 
     shall apply to disclosures made after the date of the 
     enactment of this Act.
       (B) Certifications.--The first certification under section 
     6103(p)(9)(D) of the Internal Revenue Code of 1986, as added 
     by subsection (e)(2), shall be made with respect to calendar 
     year 2007.

     SEC. 302. EMPLOYER COMPLIANCE FUND.

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

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

       (a) Worksite Enforcement.--
       (1) Increase in number of investigators.--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.
       (2) Use of enforcement personnel.--The Secretary shall 
     ensure that not less than 20 percent of all the hours 
     expended by personnel of the Bureau of Immigration and 
     Customs Enforcement of the Department to enforce the 
     immigration and customs laws shall be used to enforce 
     compliance with section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a), as amended by section 
     301(a).
       (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''.
                                 ______
                                 
  SA 3362. Mr. DURBIN 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 end, add the following:

              TITLE VII--IMMIGRATION LITIGATION REDUCTION

                     Subtitle A--Appeals and Review

     SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL.

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

                 Subtitle B--Immigration Review Reform

     SEC. 711. DIRECTOR OF THE EXECUTIVE OFFICE FOR IMMIGRATION 
                   REVIEW.

       Notwithstanding any other provision of law or regulation, 
     the Director of the Executive Office for Immigration Review 
     of the Department of Justice described in section 1003.0 of 
     title 8, Code of Federal Regulations (or any corresponding 
     similar regulation) shall be appointed by the President with 
     the advice and consent of the Senate.

     SEC. 712. BOARD OF IMMIGRATION APPEALS.

       (a) Composition and Appointment.--Notwithstanding any other 
     provision of law or regulation, the Board of Immigration 
     Appeals of the Department of Justice described in section 
     1003.1 of title 8, Code of Federal Regulations (or any 
     corresponding similar regulation) (referred to in this 
     section as the ``Board''), shall be composed of a Chair and 
     22 other immigration appeals judges, appointed by the 
     Director of the Executive Office for Immigration Review, in 
     consultation with the Attorney General.
       (b) Term of Appointment.--The term of appointment of each 
     member of the Board shall be 6 years from the date upon which 
     such person was appointed and qualified. Upon the expiration 
     of a term of office, a Board member may continue to act until 
     a successor has been appointed and qualified.
       (c) Current Members.--Each individual who is serving as a 
     member of the Board on the date of the enactment of this Act 
     shall be appointed to the Board utilizing a system of 
     staggered terms of appointment based on seniority.
       (d) Qualifications.--Each member of the Board, including 
     the Chair, shall--
       (1) be an attorney in good standing of a bar of a State or 
     the District of Columbia;
       (2) have at least--
       (A) 7 years of professional, legal expertise; or
       (B) 5 years of professional, legal expertise in immigration 
     and nationality law; and
       (3) meet the minimum qualification requirements of an 
     administrative law judge under title 5, United States Code.
       (e) Duties of the Chair.--The Chair of the Board, subject 
     to the supervision of the Director, shall--
       (1) be responsible, on behalf of the Board, for the 
     administrative operations of the Board and shall have the 
     power to appoint such administrative assistants, attorneys, 
     clerks, and other personnel as may be needed for that 
     purpose;
       (2) direct, supervise, and establish internal operating 
     procedures and policies of the Board;
       (3) designate a member of the Board to act as Chair if the 
     Chair is absent or unavailable;
       (4) adjudicate cases as a member of the Board;
       (5) form 3-member panels as provided by subsection (i);
       (6) direct that a case be heard en banc as provided by 
     subsection (j); and
       (7) exercise such other authorities as the Director may 
     provide.
       (f) Board Members Duties.--In deciding a case before the 
     Board, the Board--
       (1) shall exercise independent judgment and discretion; and
       (2) may take any action that is appropriate and necessary 
     for the disposition of such case that is consistent with the 
     authority provided in this section and any regulations 
     established in accordance with this section.
       (g) Jurisdiction.--

[[Page S2961]]

       (1) In general.--The Board shall have jurisdiction to hear 
     appeals described in section 1003.1(b) of title 8, Code of 
     Federal Regulations (or any corresponding similar 
     regulation).
       (2) Limitation.--The Board shall not have jurisdiction to 
     hear an appeal of a decision of an immigration judge for an 
     order of removal entered in absentia.
       (h) Scope of Review.--
       (1) Findings or fact.--The Board shall--
       (A) accept findings of fact determined by an immigration 
     judge, including findings as to the credibility of testimony, 
     unless the findings are clearly erroneous; and
       (B) give due deference to an immigration judge's 
     application of the law to the facts.
       (2) Questions of law.--The Board shall review de novo 
     questions of law, discretion, and judgment, and all other 
     issues in appeals from decisions of immigration judges.
       (3) Appeals from officers' decisions.--The Board shall 
     review de novo all questions arising in appeals from 
     decisions issued by officers of the Department.
       (4)(A) Prohibition on fact finding.--Except for taking 
     administrative notice of commonly known facts such as current 
     events or the contents of official documents, the Board may 
     not engage in fact-finding in the course of deciding appeals.
       (B) Remand.--A party asserting that the Board cannot 
     properly resolve an appeal without further fact-finding shall 
     file a motion for remand. If further fact-finding is needed 
     in a case, the Board shall remand the proceeding to the 
     immigration judge or, as appropriate, to the Secretary.
       (i) Panels.--
       (1) In general.--Except as provided in paragraph (5) all 
     cases shall be subject to review by a 3-member panel. The 
     Chair shall divide the Board into 3-member panels and 
     designate a presiding member.
       (2) Authority.--Each panel may exercise the appropriate 
     authority of the Board that is necessary for the adjudication 
     of cases before it.
       (3) Quorum.--Two members appointed to a panel shall 
     constitute a quorum for such panel.
       (4) Changes in composition.--The Chair may from time to 
     time make changes in the composition of a panel and of the 
     presiding member of a panel.
       (5) Presiding member decisions.--The presiding member of a 
     panel may act alone on any motion as provided in paragraphs 
     (3) and (4) of subsection (k) and may not otherwise dismiss 
     or determine an appeal as a single Board member.
       (j) En Banc Process.--
       (1) In general.--The Board may on its own motion, by a 
     majority vote of the Board members, or by direction of the 
     Chair--
       (A) consider any case as the full Board en banc; or
       (B) reconsider as the full Board en banc any case that has 
     been considered or decided by a 3-member panel or by a 
     limited en banc panel.
       (2) Quorum.--A majority of the Board members shall 
     constitute a quorum of the Board sitting en banc.
       (k) Decisions of the Board.--
       (1) Binding decisions.--
       (A) In general.--A precedent decision of the Board shall be 
     binding on the Secretary and the immigration judges unless 
     such decision is modified or reversed by the Court of Appeals 
     for the Federal Circuit or by the United States Supreme 
     Court.
       (B) Appeal by the secretary.--The Secretary, with the 
     concurrence of the Attorney General, may appeal a decision of 
     the Board under this section to the Court of Appeals for the 
     Federal Circuit.
       (2) Affirmance without opinion.--Upon individualized review 
     of a case, the Board may affirm the decision of an 
     immigration judge without opinion only if--
       (A) the decision of the immigration judge resolved all 
     issues in the case;
       (B) the issue on appeal is squarely controlled by existing 
     Board or Federal court precedent and does not involve the 
     application of precedent to a novel fact situation;
       (C) the factual and legal questions raised on appeal are so 
     insubstantial that the case does not warrant the issuance of 
     a written opinion in the case; and
       (D) the Board approves both the result reached in the 
     decision below and all of the reasoning of that decision.
       (3) Summary dismissal of appeals.--The 3-member panel or 
     the presiding member acting alone may summarily dismiss any 
     appeal or portion of any appeal in any case which--
       (A) the party seeking the appeal fails to specify the 
     reasons for the appeal;
       (B) the only reason for the appeal specified by such party 
     involves a finding of fact or a conclusion of law that was 
     conceded by that party at a prior proceeding;
       (C) the appeal is from an order that granted such party the 
     relief that had been requested;
       (D) the appeal is determined to be filed for an improper 
     purpose, such as to cause unnecessary delay; or
       (E) the appeal lacks an arguable basis in fact or in law 
     and is not supported by a good faith argument for extension, 
     modification, or reversal of existing law.
       (4) Unopposed dispositions.--The 3-member panel or the 
     presiding member acting alone may--
       (A) grant an unopposed motion or a motion to withdraw an 
     appeal pending before the Board; or
       (B) adjudicate a motion to remand any appeal--
       (i) from the decision of an officer of the Department if 
     the appropriate official of the Department requests that the 
     matter be remanded back for further consideration;
       (ii) if remand is required because of a defective or 
     missing transcript; or
       (iii) if remand is required for any other procedural or 
     ministerial issue.
       (5) Notice of right to appeal.--The decision by the Board 
     shall include notice to the alien of the alien's right to 
     file a petition for review in the United States Court of 
     Appeals for the Federal Circuit within 30 days of the date of 
     the decision.

     SEC. 713. IMMIGRATION JUDGES.

       (a) Appointment of Chief Immigration Judge.--
     Notwithstanding any other provision of law or regulation, the 
     Chief Immigration Judge described in section 1003.9 of title 
     8, Code of Federal Regulations (or any corresponding similar 
     regulation) shall be appointed by the Director of the 
     Executive Officer for Immigration Review, in consultation 
     with the Attorney General.
       (b) Appointment of Immigration Judges.--
       (1) In general.--Immigration judges shall be appointed by 
     the Director of the Executive Office for Immigration Review, 
     in consultation with the Chief Immigration Judge and the 
     Chair of the Board of Immigration Appeals.
       (2) Term of appointment.--The term of appointment of each 
     immigration judge shall be 7 years from the date upon which 
     such person was appointed and qualified. Upon the expiration 
     of a term of office, the immigration judge may continue to 
     act until a successor has been appointed and qualified.
       (3) Current members.--Each individual who is serving as an 
     immigration judge on the date of the enactment of this Act 
     shall be appointed as an immigration judge utilizing a system 
     of staggered terms of appointment based on seniority.
       (4) Qualifications.--Each immigration judge, including the 
     Chief Immigration Judge, shall be an attorney in good 
     standing of a bar of a State or the District of Columbia and 
     shall have at least 5 years of professional, legal expertise 
     or at least 3 years professional or legal expertise in 
     immigration and nationality law.
       (c) Jurisdiction.--An Immigration judge shall have the 
     authority to hear matters related to any removal proceeding 
     pursuant to section 240 of the Immigration and Nationality 
     Act (8 U.S.C. 1229a) described in section 1240.1(a) of title 
     8, Code of Federal Regulations (or any corresponding similar 
     regulation).
       (d) Duties of Immigration Judges.--In deciding a case, an 
     immigration judge--
       (1) shall exercise independent judgment and discretion; and
       (2) may take any action that is appropriate and necessary 
     for the disposition of such case that is consistent with 
     their authorities under this section and regulations 
     established in accordance with this section.
       (e) Review.--Decisions of immigration judges are subject to 
     review by the Board of Immigration Appeals in any case in 
     which the Board has jurisdiction.

     SEC. 714. REMOVAL AND REVIEW OF JUDGES.

       (a) In General.--Immigration judges and members of the 
     Board of Immigration Appeals may be removed from office, 
     subject to review by the Merit Systems Protection Board, only 
     for good cause--
       (1) by the Director of the Executive Office for Immigration 
     Review, in consultation with the Chair of the Board, in the 
     case of the removal of a member of the Board; or
       (2) by the Director, in consultation with the Chief 
     Immigration Judge, in the case of the removal of an 
     immigration judge.
       (b) Independent Judgment.--No immigration judge or member 
     of the Board may be removed or otherwise subject to 
     disciplinary or adverse action for their exercise of 
     independent judgment and discretion as prescribed by this 
     subtitle.

     SEC. 715. LEGAL ORIENTATION PROGRAM.

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

     SEC. 716. REGULATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall issue regulations to 
     implement this subtitle.
                                 ______
                                 
  SA 3363. Mr. DURBIN 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. __. NUMERICAL LIMITATIONS ON H-2A VISAS.

       Section 214(g)(1) (8 U.S.C. 1184(g)(1)), as amended by 
     sections 408(g) and 508(c)(1), is further amended--
       (1) in subparagraph (A)(ix), by striking ``or'' at the end;

[[Page S2962]]

       (2) in subparagraph (B), by striking ``and'' at the end;
       (3) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(D) under section 101(a)(15)(H)(ii)(a) may not exceed 
     90,000.''.
                                 ______
                                 
  SA 3364. Mr. SCHUMER 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. __. GRANTS FOR LOCAL PROGRAMS RELATING TO UNDOCUMENTED 
                   IMMIGRANTS.

       (a) Grants Authorized.--The Secretary is authorized to 
     award competitive grants to units of local government for 
     innovative programs that address the increased expenses 
     incurred in responding to the needs of undocumented 
     immigrants.
       (b) Maximum Amount.--The Secretary may not award a grant 
     under this section to a unit of local government in an amount 
     which exceeds $5,000,000.
       (c) Use of Grant Funds.--Grants awarded under this section 
     may be used for activities relating to the undocumented 
     immigrant population residing in the locality, including--
       (1) law enforcement activities;
       (2) uncompensated health care;
       (3) public housing;
       (4) inmate transportation; and
       (5) reduction in jail overcrowding.
       (d) Application.--Each unit of local government desiring 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.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $50,000,000 for each of the fiscal years 
     2007 through 2011 to carry out this section.
                                 ______
                                 
  SA 3365. Mrs. BOXER 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. ___. SENSE OF THE SENATE REGARDING REIMBURSING STATES 
                   FOR THE COSTS OF UNDOCUMENTED IMMIGRANTS.

       (a) Findings.--The Senate finds the following:
       (1) It is the obligation of the Federal Government to 
     adequately secure the borders of the United States and 
     prevent the flow of undocumented immigrants into the United 
     States.
       (2) Despite the fact that, according to the Congressional 
     Research Service, Border Patrol agents apprehend more than 
     1,000,000 individuals each year trying to illegally enter the 
     United States, the net growth in the number of unauthorized 
     immigrants entering the United States has increased by 
     approximately 500,000 each year.
       (3) The costs associated with incarcerating undocumented 
     criminal immigrants and providing education and healthcare to 
     undocumented immigrants place a tremendous financial burden 
     on States and local governments.
       (4) In 2003, States received compensation from the Federal 
     Government, through the State criminal alien assistance 
     program under section 241(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(i)), for incarcerating 
     approximately 74,000 undocumented criminal immigrants.
       (5) In 2003, 700 local governments received compensation 
     from the Federal Government, through the State criminal alien 
     assistance program, for incarcerating approximately 138,000 
     undocumented criminal immigrants.
       (6) It is estimated that Federal Government payments 
     through the State criminal alien assistance program reimburse 
     States and local governments for 25 percent or less of the 
     actual costs of incarcerating the undocumented criminal 
     immigrants.
       (7) It is estimated that providing kindergarten through 
     grade 12 education to undocumented immigrants costs States 
     more than $8,000,000,000 annually.
       (8) It is further estimated that more than $1,000,000,000 
     is spent on healthcare for undocumented immigrants each year.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) States should be fully reimbursed by the Federal 
     Government for the costs associated with providing education 
     and healthcare to undocumented immigrants; and
       (2) the program authorized under section 241(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)) should be 
     fully funded, for each of the fiscal years 2007 through 2012, 
     at the levels authorized for such program under section 
     241(i)(5) of such Act (as amended by section 218(b)(2) of 
     this Act).
                                 ______
                                 
  SA 3366. Mr. REED 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:

       On page 327, beginning on line 21, strike all through page 
     328, line 16, and insert the following:
       ``(c) Spouses and Children and Certain Other Individuals.--
     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;
       ``(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; or
       ``(3) adjust the status to that of a conditional immigrant 
     under this section for an individual who was present in the 
     United States on January 7, 2004, and is the national of a 
     country designated at that time for protective status 
     pursuant to section 244.
                                 ______
                                 
  SA 3367. Mr. LEVIN (for himself and 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:

       On page 32, line 7, before ``The Secretary'' insert the 
     following: ``(a) In General.--''.
       On page 32, between lines 20 and 21, insert the following:
       (b) Communication System Grants.--
       (1) Definitions.--In this subsection--
       (A) the term ``demonstration project'' means the 
     demonstration project established under paragraph (2)(A); and
       (B) the term ``emergency response provider'' has the 
     meaning given that term in section 2(6) the Homeland Security 
     Act of 2002 (6 U.S.C. 101(6)).
       (2) In general.--
       (A) Establishment.--There is established in the Department 
     an ``International Border Community Interoperable 
     Communications Demonstration Project''.
       (B) Minimum number of communities.--The Secretary shall 
     select not fewer than 6 communities to participate in a 
     demonstration project.
       (C) Location of communities.--Not fewer than 3 of the 
     communities selected under subparagraph (B) shall be located 
     on the northern border of the United States and not fewer 
     than 3 of the communities selected under subparagraph (B) 
     shall be located on the southern border of the United States.
       (3) Project requirements.--The demonstration projects 
     shall--
       (A) address the interoperable communications needs of 
     border patrol agents and other Federal officials involved in 
     border security activities, police officers, National Guard 
     personnel, and emergency response providers;
       (B) foster interoperable communications--
       (i) among Federal, State, local, and tribal government 
     agencies in the United States involved in security and 
     response activities along the international land borders of 
     the United States; and
       (ii) with similar agencies in Canada and Mexico;
       (C) identify common international cross-border frequencies 
     for communications equipment, including radio or computer 
     messaging equipment;
       (D) foster the standardization of interoperable 
     communications equipment;
       (E) identify solutions that will facilitate communications 
     interoperability across national borders expeditiously;
       (F) ensure that border patrol agents and other Federal 
     officials involved in border security activities, police 
     officers, National Guard personnel, and emergency response 
     providers can communicate with each another and the public at 
     disaster sites or in the event of a terrorist attack or other 
     catastrophic event;
       (G) provide training and equipment to enable border patrol 
     agents and other Federal officials involved in border 
     security activities, police officers, National Guard 
     personnel, and emergency response providers to deal with 
     threats and contingencies in a variety of environments; and
       (H) identify and secure appropriate joint-use equipment to 
     ensure communications access.
       (4) Distribution of funds.--
       (A) In general.--The Secretary shall distribute funds under 
     this subsection to each community participating in a 
     demonstration project through the State, or States, in which 
     each community is located.
       (B) Other participants.--Not later than 60 days after 
     receiving funds under subparagraph (A), a State receiving 
     funds under this subsection shall make the funds available to

[[Page S2963]]

     the local governments and emergency response providers 
     participating in a demonstration project selected by the 
     Secretary.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary in each of 
     fiscal years 2006, 2007, and 2008, to carry out this 
     subsection.
       (6) Reporting.--Not later than December 31, 2006, and each 
     year thereafter in which funds are appropriated for a 
     demonstration project, the Secretary shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report on the demonstration 
     projects under this subsection.
                                 ______
                                 
  SA 3368. Mr. COLEMAN 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. __. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER 
                   SYSTEM.

       Not later than 60 days after the date of enactment of this 
     Act, the Attorney General, in consultation with the Secretary 
     of the Department of Homeland Security, shall issue a 
     directive to expand the Justice Prisoner and Alien Transfer 
     System (JPATS) so that such System provides regular daily 
     services with respect to aliens who are illegally present in 
     the United States. Such expansion should include--
       (1) increasing and standardizing the daily operations of 
     such System with buses and air hubs in 3 geographic regions;
       (2) allocating a set number of seats each day for such 
     aliens for each metropolitan area;
       (3) allowing metropolitan areas to trade or give some of 
     seats allocated to them under the System for such aliens to 
     other areas in their region based on the transportation needs 
     of each area; and
       (4) requiring an annual report that analyzes of the number 
     of seats that each metropolitan area is allocated under this 
     System for such aliens and modifies such allocation if 
     necessary.
                                 ______
                                 
  SA 3369. Mr. COLEMAN 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:

       On page 332, strike lines 6 through 18, and insert the 
     following:
       ``(1) Period of authorized stay.--The period of authorized 
     stay for a conditional nonimmigrant described in this section 
     shall be 2 years. The Secretary may extend such period for an 
     unlimited number of 2-year periods if the alien remains 
     eligible for conditional nonimmigrant classification and 
     status under this section.
       On page 335, between lines 11 and 12, insert the following:
       ``(h) Prohibition on Adjustment of Status.--An alien 
     granted conditional nonimmigrant work authorization and 
     status under this section and the spouse of such alien are 
     ineligible for any additional adjustment of status. The child 
     of such an alien may be granted a change of status under 
     subtitle C of title VI of the Comprehensive Immigration 
     Reform Act of 2006.
       Strike section 602.
                                 ______
                                 
  SA 3370. Mr. COLEMAN 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. __. SENSE OF THE SENATE REGARDING THE SECURITY OF THE 
                   LAND AND SEA BORDERS OF THE UNITED STATES.

       It is the sense of the Senate that--
       (1) the net growth of 500,000 unauthorized aliens entering 
     the United States each year, and the potential for terrorists 
     to take advantage of the porous borders of the United States, 
     represent a clear and present danger to the national security 
     of the United States;
       (2) the inability to secure the international borders of 
     the United States has given rise to an immigration crisis 
     that has profound social, legal, and political ramifications;
       (3) while assessing the identity and location of the 
     estimated 11,000,000 unauthorized aliens currently in the 
     United States, the Federal Government must simultaneously act 
     to secure the borders and prevent further illegal entry;
       (4) the President of the United States should demonstrate 
     the highest level of commitment to securing the land and sea 
     borders of the United States by using all the resources at 
     the disposal of the President, including--
       (A) declaring that a state of emergency exists in States 
     that share an international border with Mexico and Canada 
     until such time as the President determines that--
       (i) the additional resources and manpower provided under 
     this Act are deployed; and
       (ii) there is a significant reduction in the number of 
     illegal aliens entering the United States;
       (B) immediately deploying the Armed Forces, including the 
     National Guard, to secure those international borders;
       (C) requiring each Cabinet Secretary to detail the 
     resources and capabilities that their respective Federal 
     agencies have available for use in securing the land and sea 
     borders of the United States; and
       (D) facilitating the development of a program to enable all 
     willing citizens of the United States to contribute to 
     securing the land and sea borders of the United States; and
       (5) the President of Mexico should be encouraged to use all 
     authority within the power of the President of Mexico to 
     secure the international border between the United States and 
     Mexico from illegal crossings.
                                 ______
                                 
  SA 3371. Mr. COLEMAN (for himself and Ms. Collins) 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 end of title II, add the following:

     SEC. ___. NORTH AMERICAN TRAVEL CARDS.

       (a) Findings.--Congress makes the following findings:
       (1) United States citizens make approximately 130,000,000 
     land border crossings each year between the United States and 
     Canada and the United States and Mexico, with approximately 
     23,000,000 individual United States citizens crossing the 
     border annually.
       (2) Approximately 27 percent of United States citizens 
     possess United States passports.
       (3) In fiscal year 2005, the Secretary of State issued an 
     estimated 10,100,000 passports, representing an increase of 
     15 percent from fiscal year 2004.
       (4) The Secretary of State estimates that 13,000,000 
     passports will be issued in fiscal year 2006, 16,000,000 
     passports will be issued in fiscal year 2007, and 17,000,000 
     passports will be issued in fiscal year 2008.
       (b) North American Travel Cards.--
       (1) Issuance.--In accordance with the Western Hemisphere 
     Travel Initiative carried out pursuant to section 7209 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of 
     State, in consultation with the Secretary, shall, not later 
     than December 31, 2007, issue to a citizen of the United 
     States who submits an application in accordance with 
     paragraph (4) a travel document that will serve as a North 
     American travel card.
       (2) Applicability.--A North American travel card shall be 
     deemed to be a United States passport for the purpose of 
     United States laws and regulations relating to United States 
     passports.
       (3) Limitation on use.--A North American travel card may 
     only be used for the purpose of international travel by 
     United States citizens through land border ports of entry, 
     including ferries, between the United States and Canada and 
     the United States and Mexico.
       (4) Application for issuance.--To be issued a North 
     American travel card, a United States citizen shall submit an 
     application to the Secretary of State. The Secretary of State 
     shall require that such application shall contain the same 
     information as is required to determine citizenship, 
     identity, and eligibility for issuance of a United States 
     passport.
       (5) Technology.--
       (A) Expedited traveler programs.--To the maximum extent 
     practicable, a North American travel card shall be designed 
     and produced to provide a platform on which the expedited 
     traveler programs carried out by the Secretary, such as 
     NEXUS, NEXUS AIR, SENTRI, FAST, and Register Traveler may be 
     added. The Secretary of State and the Secretary shall notify 
     Congress not later than July 1, 2007, if the technology to 
     add expedited travel features to the North American travel 
     card is not developed by that date.
       (B) Technology.--The Secretary of Homeland Security and the 
     Secretary of State shall establish a technology 
     implementation plan that accommodates desired technology 
     requirements of the Department of State and the Department of 
     Homeland Security, allows for future technological 
     innovations, and ensures maximum facilitation at the northern 
     and southern border.
       (6) Specifications for card.--A North American travel card 
     shall be easily portable and durable. The Secretary of State 
     and the Secretary of Homeland Security shall consult 
     regarding the other technical specifications of the card, 
     including whether the security features of the card could be 
     combined with other existing identity documentation.
       (7) Fee.--Except as in provided in paragraph (8), an 
     applicant for a North American travel card shall submit an 
     application under paragraph (4) together with a nonrefundable 
     fee in an amount to be determined by the Secretary of State. 
     Fees for a North American travel card shall be deposited as 
     an offsetting collection to the appropriate Department of 
     State appropriation, to remain available until expended. The 
     fee for the North American travel card shall not exceed

[[Page S2964]]

     $20, of which not more than $2 shall be allocated to the 
     United States Postal Service for postage and other 
     application processing functions. Such fee shall be waived 
     for children under 16 years of age.
       (c) Foreign Cooperation.--In order to maintain and 
     encourage cross-border travel and trade, the Secretary of 
     State and the Secretary of Homeland Security shall use all 
     possible means to coordinate with the appropriate 
     representatives of foreign governments to encourage their 
     citizens and nationals to possess, not later than the date at 
     which the certification required by subsection (j) is made, 
     appropriate documentation to allow such citizens and 
     nationals to cross into the United States.
       (d) Public Promotion.--The Secretary of State, in 
     consultation with the Secretary of Homeland Security, shall 
     develop and implement an outreach plan to inform United 
     States citizens about the Western Hemisphere Travel 
     Initiative and the North American travel card and to 
     facilitate the acquisition of a passport or North American 
     travel card. Such outreach plan should include--
       (1) written notifications posted at or near public 
     facilities, including border crossings, schools, libraries, 
     and United States Post Offices located within 50 miles of the 
     international border between the United States and Canada or 
     the international border between the United States and 
     Mexico;
       (2) provisions to seek consent to post such notifications 
     on commercial property, such as offices of State departments 
     of motor vehicles, gas stations, supermarkets, convenience 
     stores, hotels, and travel agencies;
       (3) the establishment of at least 200 new passport 
     acceptance facilities, with emphasis on facilities located 
     near international borders;
       (4) the collection and analysis of data to measure the 
     success of the public promotion plan; and
       (5) additional measures as appropriate.
       (e) Accessibility.--In order to make the North American 
     travel card easily obtainable, an application for a North 
     American travel card shall be accepted in the same manner and 
     at the same locations as an application for a passport.
       (f) Expedited Travel Programs.--To the maximum extent 
     practicable, the Secretary of Homeland Security shall expand 
     expedited traveler programs carried out by the Secretary to 
     all ports of entry and should encourage citizens of the 
     United States to participate in the preenrollment programs, 
     as such programs assist border control officers of the United 
     States in the fight against terrorism by increasing the 
     number of known travelers crossing the border. The identities 
     of such expedited travelers should be entered into a database 
     of known travelers who have been subjected to in-depth 
     background and watch-list checks to permit border control 
     officers to focus more attention on unknown travelers, 
     potential criminals, and terrorists.
       (g) Alternative Options.--
       (1) In general.--In order to give United States citizens as 
     many secure, low-cost options as possible for travel within 
     the Western Hemisphere, the Secretary of Homeland Security 
     shall continue to pursue additional alternative options, such 
     as NEXUS, to a passport that meet the requirements of section 
     7209 of the Intelligence Reform and Terrorism Prevent Act 
     (Public Law 108-458; 8 U.S.C. 1185 note).
       (2) Feasibility study.--Not later than 120 days after the 
     date of enactment of this Act, the Congressional Budget 
     Office shall submit to the Committee on Homeland Security and 
     Government Affairs and the Committee on Foreign Relations of 
     the Senate and the Committee on Homeland Security and the 
     Committee on International Relations of the House of 
     Representatives, a study on the feasibility of incorporating 
     into a driver's license, on a voluntary basis, information 
     about citizenship, in a manner that enables a driver's 
     license which meets the requirements of the REAL ID Act of 
     2005 (division B of Public Law 109-13) to serve as an 
     acceptable alternative document to meet the requirements of 
     section 7209 of the Intelligence Reform and Terrorism 
     Prevention Act. Such study shall include a description of how 
     such a program could be implemented, and shall consider any 
     cost advantage of such an approach.
       (h) Identification Process .--The Secretary of Homeland 
     Security shall have appropriate authority to develop a 
     process to ascertain the identity of and make admissibility 
     determinations for individuals who arrive at the border 
     without proper documentation.
       (i) Rule of Construction.--Nothing in this section shall be 
     construed as limiting, altering, modifying, or otherwise 
     affecting the validity of a United States passport. A United 
     States citizen may possess a United States passport and a 
     North American travel card.
       (j) Certification.--Notwithstanding any other provision of 
     law, the Secretary may not implement the plan described in 
     section 7209(b) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
     note) until the date that is 3 months after the Secretary of 
     State and the Secretary of Homeland Security certify to 
     Congress that--
       (1) North American travel cards have been distributed to at 
     least 90 percent of the eligible United States citizens who 
     applied for such cards during the 6-month period beginning 
     not earlier than the date the Secretary of State began 
     accepting applications for such cards and ending not earlier 
     than 10 days prior to the date of certification;
       (2) North American travel cards are provided to applicants, 
     on average, within 4 weeks of application;
       (3) officers of the Bureau of Customs and Border Protection 
     have received training and been provided the infrastructure 
     necessary to accept North American travel cards at all United 
     States border crossings;
       (4) the outreach plan described in subsection (d) has been 
     implemented and deemed to have been successful according to 
     collected data; and
       (5) a successful pilot has demonstrated the effectiveness 
     of the North American travel card program.
       (k) Reports.--
       (1) Reports on the issuance of north american travel 
     cards.--The Secretary of State shall, on a quarterly basis 
     during the first year of issuance of North American travel 
     cards, submit to Congress a report containing information 
     relating to the number of North American travel cards issued 
     during the immediately preceding quarter or year, as 
     appropriate, and the number of United States citizens in each 
     State applying for such cards.
       (2) Report on private collaboration.--Not later than 6 
     months after the date of the enactment of this Act, the 
     Secretary of State and the Secretary shall report to Congress 
     on their efforts to solicit policy suggestions and the 
     incorporation of such suggestions into the implementation 
     strategy from the private sector on the implementation of 
     section 7209 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
     note). The report should include the private sector's 
     recommendations concerning how air, sea, and land travel 
     between countries in the Western Hemisphere can be improved 
     in a manner that establishes the proper balance between 
     national security, economic well being, and the particular 
     needs of border communities.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State such sums as may 
     be necessary to carry out this section.
                                 ______
                                 
  SA 3372. Mrs. CLINTON (for herself, Mr. Obama, and Mrs. Boxer) 
submitted an amendment intended to be proposed by her 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 245, strike line 4 and insert the following:
       ``(x) State Impact Assistance Account.--
       ``(1) Establishment.--There
       On page 245, strike line 11 and insert the following:
     ``218A and 218B.
       ``(2) Use of fees for grant program.--Amounts deposited in 
     the State Impact Assistance Account under paragraph (1) shall 
     remain available to the Secretary until expended for use for 
     the State Impact Assistance Grant Program established under 
     paragraph (3)(A).
       ``(3) State impact assistance grant program.--
       ``(A) Establishment.--Not later than January 1 of each year 
     beginning after the date of enactment of this subsection, the 
     Secretary, in cooperation with the Secretary of Health and 
     Human Services (referred to in this paragraph as the 
     `Secretary'), shall establish a State Impact Assistance Grant 
     Program, under which the Secretary shall make grants to 
     States for use in accordance with subparagraph (D).
       ``(B) Available funds.--For each fiscal year beginning 
     after the date of enactment of this subsection, the Secretary 
     shall use \1/2\ of the amounts deposited into the State 
     Impact Assistance Account under paragraph (1) during the 
     preceding fiscal year to provide grants under this paragraph.
       ``(C) Allocation.--The Secretary shall allocate grants 
     under this paragraph as follows:
       ``(i) Noncitizen population.--

       ``(I) In general.--Subject to subclause (II), 80 percent 
     shall be allocated to States on a pro-rata basis according to 
     the ratio that, based on the most recent year for which data 
     of the Bureau of the Census exists--

       ``(aa) the noncitizen population of the State; bears to
       ``(bb) the noncitizen population of all States.

       ``(II) Minimum amount.--Notwithstanding the formula under 
     subclause (I), no State shall receive less than $5,000,000 
     under this clause.

       ``(ii) High growth rates.--20 percent shall be allocated on 
     a pro-rata basis among the 20 States with the largest growth 
     rate in noncitizen population, as determined by the 
     Secretary, according to the ratio that, based on the most 
     recent year for which data of the Bureau of the Census 
     exists--

       ``(I) the growth rate in the noncitizen population of the 
     State during the most recent 3-year period for which data is 
     available; bears to
       ``(II) the combined growth rate in noncitizen population of 
     the 20 States during the 3-year period described in subclause 
     (I).

       ``(D) Use of funds.--A State shall use a grant received 
     under this paragraph to return to local governments, 
     organizations, and entities moneys for the costs of providing 
     health services, educational services, and public safety 
     services to noncitizen communities.

[[Page S2965]]

       ``(E) Administration.--A local government, organization, or 
     entity may provide services described in subparagraph (D) 
     directly or pursuant to contracts with the State or another 
     entity, including--
       ``(i) a unit of local government;
       ``(ii) a public health provider, such as a hospital, 
     community health center, or other appropriate entity;
       ``(iii) a local education agency; and
       ``(iv) a charitable organization.
       ``(F) Refusal.--
       ``(i) In general.--A State may elect to refuse any grant 
     under this paragraph.
       ``(ii) Action by secretary.--On receipt of notice of a 
     State of an election under clause (i), the Secretary shall 
     deposit the amount of the grant that would have been provided 
     to the State into the State Impact Assistance Account.
       ``(G) Reports.--
       ``(i) In general.--Not later than March 1 of each year, 
     each State that received a grant under this paragraph during 
     the preceding fiscal year shall submit to the Secretary a 
     report in such manner and containing such information as the 
     Secretary may require, in accordance with clause (ii).
       ``(ii) Inclusions.--A report under clause (i) shall include 
     a description of--

       ``(I) the services provided in the State using the grant;
       ``(II) the amount of grant funds used to provide each 
     service and the total amount available during the applicable 
     fiscal year from all sources to provide each service; and
       ``(III) the method by which the services provided using the 
     grant addressed the needs of communities with significant and 
     growing noncitizen populations in the State.

       ``(H) Collaboration.--In promulgating regulations and 
     issuing guidelines to carry out this paragraph, the Secretary 
     shall collaborate with representatives of State and local 
     governments.
       ``(I) Effect of paragraph.--
       ``(i) Enforcement of federal immigration law.--Nothing in 
     this paragraph authorizes any State or local law enforcement 
     agency or officer to exercise Federal immigration law 
     enforcement authority.
       ``(ii) State appropriations.--Funds received by a State 
     under this paragraph shall be subject to appropriation by the 
     legislature of the State, in accordance with the terms and 
     conditions described in this paragraph.''.
       On page 245, line 22, insert ``, to be deposited in the 
     Treasury in accordance with section 286(w)'' after ``Labor''.
       On page 333, strike lines 9 through 12 and insert the 
     following:
       ``(4) Collection of fines and fees.--Of the fines and fees 
     collected under this section--
       ``(A) 50 percent shall be deposited in the Treasury in 
     accordance with section 286(w); and
       ``(B) 50 percent shall be deposited in the Treasury in 
     accordance with section 286(x).
       On page 341, line 17, insert ``, to be deposited in the 
     Treasury in accordance with section 286(w)'' before the 
     period.
                                 ______
                                 
  SA 3373. Mr. CORNYN 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:

       On page 231, strike lines 14 through 18 and insert the 
     following:
       ``(3) Fee.--
       ``(A) In general.--The alien shall pay a $500 visa issuance 
     fee in addition to the cost of processing and adjudicating 
     such application.
       ``(B) Health and education fee.--Each alien seeking H-2C 
     nonimmigrant status under this section shall submit, in 
     addition to any fees otherwise authorized for processing an 
     application under this section, a health and education fee in 
     the amount of $500, for the alien, and $100 for the spouse 
     and each child accompanying such alien. Notwithstanding 
     subsection (l), the fee collected under this subparagraph 
     shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
       ``(C) Savings provision.--Nothing in this paragraph shall 
     be construed to affect consular procedures for charging 
     reciprocal fees.
       On page 245, strike lines 4 through 11 and insert the 
     following:
       ``(x) State Impact Assistance Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a separate account, which shall be known 
     as the `State Impact Assistance Account'.
       ``(2) Source of funds.--Notwithstanding any other provision 
     under this Act, there shall be deposited as offsetting 
     receipts into the account--
       ``(A) all family supplemental visa and family supplemental 
     extension of status fees collected under sections 218A and 
     218B; and
       ``(B) all supplemental application fees collected under 
     subsections (c)(1)(F)(ii) and (g)(2) of section 218D.
       ``(3) Use of funds.--Amounts deposited into the State 
     Impact Assistance Account under paragraph (2)(B) shall remain 
     available to the Secretary of Health and Human Services, in 
     consultation with the Secretary of Education, to provide 
     financial assistance to health care providers for health and 
     educational services to aliens granted conditional 
     nonimmigrant status under section 218A.
       ``(4) State allocations.--The Secretary of Health and Human 
     Services, in consultation with the Secretary of Education and 
     the Secretary of Homeland Security, shall allocate funds 
     among States in proportion to the number of aliens granted 
     conditional nonimmigrant status residing in each State.''.
       On page 279, line 3, strike ``and'' and all that follows 
     through ``(5)'' and insert the following:
       (5) provide a minimum level of health care, as determined 
     by the Secretary of Health and Human Services, to nationals 
     of the home country who are participating in a temporary 
     worker program in the United States; and
       (6)
       On page 332, strike lines 19 through 24 and insert the 
     following:
       ``(2) Application fee.--
       ``(A) In general.--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.
       ``(B) Health and education fee.--Each alien seeking 
     conditional nonimmigrant worker authorization and status 
     under this section shall submit, in addition to the fee 
     imposed under subparagraph (A), a health and education fee in 
     the amount of $500, for the alien, and $100, for the spouse 
     and each child accompanying such alien. Notwithstanding 
     paragraph (4), the fee collected under this subparagraph 
     shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
                                 ______
                                 
  SA 3374. Mr. CORNYN 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:

       On page 231, strike lines 14 through 18 and insert the 
     following:
       ``(3) Fee.--
       ``(A) In general.--The alien shall pay a $500 visa issuance 
     fee in addition to the cost of processing and adjudicating 
     such application.
       ``(B) Health and education fee.--Each alien seeking H-2C 
     nonimmigrant status under this section shall submit, in 
     addition to any fees otherwise authorized for processing an 
     application under this section, a health and education fee in 
     the amount of $500, for the alien, and $100 for the spouse 
     and each child accompanying such alien. Notwithstanding 
     subsection (l), the fee collected under this subparagraph 
     shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
       ``(C) Savings provision.--Nothing in this paragraph shall 
     be construed to affect consular procedures for charging 
     reciprocal fees.
       On page 245, strike lines 4 through 11 and insert the 
     following:
       ``(x) State Impact Assistance Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a separate account, which shall be known 
     as the `State Impact Assistance Account'.
       ``(2) Source of funds.--Notwithstanding any other provision 
     under this Act, there shall be deposited as offsetting 
     receipts into the account--
       ``(A) all family supplemental visa and family supplemental 
     extension of status fees collected under sections 218A and 
     218B; and
       ``(B) all supplemental application fees collected under 
     subsections (c)(1)(F)(ii) and (g)(2) of section 218D.
       ``(3) Use of funds.--Amounts deposited into the State 
     Impact Assistance Account under paragraph (2)(B) shall remain 
     available to the Secretary of Health and Human Services, in 
     consultation with the Secretary of Education, to provide 
     financial assistance to health care providers for health and 
     educational services to aliens granted conditional 
     nonimmigrant status under section 218A.
       ``(4) State allocations.--The Secretary of Health and Human 
     Services, in consultation with the Secretary of Education and 
     the Secretary of Homeland Security, shall allocate funds 
     among States in proportion to the number of aliens granted 
     conditional nonimmigrant status residing in each State.''.
       (6)
       On page 332, strike lines 19 through 24 and insert the 
     following:
       ``(2) Application fee.--
       ``(A) In general.--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.
       ``(B) Health and education fee.--Each alien seeking 
     conditional nonimmigrant worker authorization and status 
     under this section shall submit, in addition to the fee 
     imposed under subparagraph (A), a health and education fee in 
     the amount of $500, for the alien, and $100, for the spouse 
     and each child accompanying such alien. Notwithstanding 
     paragraph (4), the fee collected under this subparagraph 
     shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
                                 ______
                                 
  SA 3375. Mr. CORNYN 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

[[Page S2966]]

for other purposes; which was ordered to lie on the table; as follows:

       On page 332, strike lines 19 through 24 and insert the 
     following:
       ``(2) Application fee.--
       ``(A) In general.--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.
       ``(B) Health and education fee.--Each alien seeking 
     conditional nonimmigrant worker authorization and status 
     under this section shall submit, in addition to the fee 
     imposed under subparagraph (A), a health and education fee in 
     the amount of $500, for the alien, and $100, for the spouse 
     and each child accompanying such alien. Notwithstanding 
     paragraph (4), the fee collected under this subparagraph 
     shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
                                 ______
                                 
  SA 3376. Mr. CORNYN 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:

       On page 231, strike lines 14 through 18 and insert the 
     following:
       ``(3) Fee.--
       ``(A) In general.--The alien shall pay a $500 visa issuance 
     fee in addition to the cost of processing and adjudicating 
     such application.
       ``(B) Health and education fee.--Each alien seeking H-2C 
     nonimmigrant status under this section shall submit, in 
     addition to any fees otherwise authorized for processing an 
     application under this section, a health and education fee in 
     the amount of $500, for the alien, and $100 for the spouse 
     and each child accompanying such alien. Notwithstanding 
     subsection (l), the fee collected under this subparagraph 
     shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
       ``(C) Savings provision.--Nothing in this paragraph shall 
     be construed to affect consular procedures for charging 
     reciprocal fees.
                                 ______
                                 
  SA 3377. Mr. CORNYN 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:

       On page 245, strike lines 4 through 11 and insert the 
     following:
       ``(x) State Impact Assistance Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a separate account, which shall be known 
     as the `State Impact Assistance Account'.
       ``(2) Source of funds.--Notwithstanding any other provision 
     under this Act, there shall be deposited as offsetting 
     receipts into the account--
       ``(A) all family supplemental visa and family supplemental 
     extension of status fees collected under sections 218A and 
     218B; and
       ``(B) all supplemental application fees collected under 
     subsections (c)(1)(F)(ii) and (g)(2) of section 218D.
       ``(3) Use of funds.--Amounts deposited into the State 
     Impact Assistance Account under paragraph (2)(B) shall remain 
     available to the Secretary of Health and Human Services, in 
     consultation with the Secretary of Education, to provide 
     financial assistance to health care providers for health and 
     educational services to aliens granted conditional 
     nonimmigrant status under section 218A.
       ``(4) State allocations.--The Secretary of Health and Human 
     Services, in consultation with the Secretary of Education and 
     the Secretary of Homeland Security, shall allocate funds 
     among States in proportion to the number of aliens granted 
     conditional nonimmigrant status residing in each State.''.
                                 ______
                                 
  SA 3378. Mr. SANTORUM 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 end of title V, insert the following:

     SEC. 509. ENGLISH FLUENCY REQUIREMENTS FOR CERTAIN EMPLOYEES 
                   OF INSTITUTIONS OF HIGHER EDUCATION.

       Section 214(g)(5)(A) (8 U.S.C. 1184(g)(5)(A)) is amended by 
     striking ``entity;'' and inserting ``entity, and has 
     demonstrated a high proficiency in the spoken English 
     language;''.
                                 ______
                                 
  SA 3379. Mr. CORNYN 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:

       On page 279, line 3, strike ``and'' and all that follows 
     through ``(5)'' and insert the following:
       (5) provide a minimum level of health care, as determined 
     by the Secretary of Health and Human Services, to nationals 
     of the home country who are participating in a temporary 
     worker program in the United States; and
       (6)
                                 ______
                                 
  SA 3380. Mr. KYL 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:

       On page 276, between lines 15 and 16, insert the following:
       ``(A)(i) has been physically present in the United States 
     for a continuous period of not less than 10 years immediately 
     preceding the date of such application; and
       ``(ii)(I) is 65 years of age or older;
       ``(II) establishes that the alien's departure from the 
     United States upon the expiration of conditional nonimmigrant 
     status would result in significant hardship to the alien's 
     spouse, parent, or child, who is a citizen of the United 
     States or an alien lawfully admitted for permanent residence; 
     or
       ``(III) establishes that the alien's employer has 
     designated the alien as a vital worker because the alien is 
     vital to the operation of an existing and functioning 
     business on the date of such application and--
       ``(aa) possesses the ability to operate a highly customized 
     machine used in an inextricable part of the business 
     operation; or
       ``(bb) possesses a very high degree of skill in 
     manufacturing or agriculture, or creating products for a 
     specific industry, and is recognized as such by well-
     established trade associations.
       On page 276, line 5, insert after the word ``visas,'' (when 
     allocations provided for under 203(b)(4))''
                                 ______
                                 
  SA 3381. Mr. KYL (for himself and Mr. Cornyn) 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:

       Beginning on page 276, strike line and all that follows 
     through page 277, line 21.
                                 ______
                                 
  SA 3382. Mr. STEVENS (for himself, Mr. Shelby, Mr. Inouye, and Mrs. 
Hutchison) 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:

  TITLE__--IMPROVED PUBLIC TRANSPORTATION, RAIL, AND MARITIME SECURITY

               Subtitle A--Public Transportation Security

     SEC. _101. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This subtitle may be cited as the 
     ``Public Transportation Terrorism Prevention Act of 2006''.
       (b) Table of Contents.--The table of contents for this 
     subtitle is as follows:

Sec.--101. Short title; table of contents.
Sec.--102. Findings and purpose.
Sec.--103. Security assessments.
Sec.--104. Security assistance grants.
Sec.--105. Intelligence sharing.
Sec.--106. Research, development, and demonstration grants.
Sec.--107. Reporting requirements.
Sec.--108. Authorization of appropriations.
Sec.--109. Sunset provision.

     SEC. _102. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) public transportation systems throughout the world have 
     been a primary target of terrorist attacks, causing countless 
     death and injuries;
       (2) 5,800 public transportation agencies operate in the 
     United States;
       (3) 14,000,000 people in the United States ride public 
     transportation each work day;
       (4) safe and secure public transportation systems are 
     essential for the Nation's economy and for significant 
     national and international public events;
       (5) the Federal Transit Administration has invested 
     $74,900,000,000 since 1992 for construction and improvements 
     to the Nation's public transportation systems;
       (6) the Federal Government appropriately invested 
     $18,100,000,000 in fiscal years 2002 through 2005 to protect 
     our Nation's aviation system and its 1,800,000 daily 
     passengers;
       (7) the Federal Government has allocated $250,000,000 in 
     fiscal years 2003 through 2005 to protect public 
     transportation systems in the United States;
       (8) the Federal Government has invested $7.38 in aviation 
     security improvements per passenger, but only $0.007 in 
     public transportation security improvements per passenger;
       (9) the Government Accountability Office, the Mineta 
     Institute for Surface Transportation Policy Studies, the 
     American Public Transportation Association, and many 
     transportation experts have reported an urgent need for 
     significant investment in public transportation security 
     improvements; and
       (10) the Federal Government has a duty to deter and 
     mitigate, to the greatest extent practicable, threats against 
     the Nation's public transportation systems.

     SEC. _103. SECURITY ASSESSMENTS.

       (a) Public Transportation Security Assessments.--
       (1) Submission.--Not later than 30 days after the date of 
     enactment of this Act, the

[[Page S2967]]

     Federal Transit Administration of the Department of 
     Transportation shall submit all public transportation 
     security assessments and all other relevant information to 
     the Secretary of Homeland Security.
       (2) Review.--Not later than July 31, 2006, the Secretary of 
     Homeland Security shall review and augment the security 
     assessments received under paragraph (1).
       (3) Allocations.--The Secretary of Homeland Security shall 
     use the security assessments received under paragraph (1) as 
     the basis for allocating grant funds under section --104, 
     unless the Secretary notifies the Committee on Banking, 
     Housing, and Urban Affairs of the Senate that the Secretary 
     has determined that an adjustment is necessary to respond to 
     an urgent threat or other significant factors.
       (4) Security improvement priorities.--Not later than 
     September 30, 2006, the Secretary of Homeland Security, after 
     consultation with the management and employee representatives 
     of each public transportation system for which a security 
     assessment has been received under paragraph (1), shall 
     establish security improvement priorities that will be used 
     by public transportation agencies for any funding provided 
     under section --104.
       (5) Updates.--Not later than July 31, 2007, and annually 
     thereafter, the Secretary of Homeland Security shall--
       (A) update the security assessments referred to in this 
     subsection; and
       (B) conduct security assessments of all public 
     transportation agencies considered to be at greatest risk of 
     a terrorist attack.
       (b) Use of Security Assessment Information.--The Secretary 
     of Homeland Security shall use the information collected 
     under subsection (a)--
       (1) to establish the process for developing security 
     guidelines for public transportation security; and
       (2) to design a security improvement strategy that--
       (A) minimizes terrorist threats to public transportation 
     systems; and
       (B) maximizes the efforts of public transportation systems 
     to mitigate damage from terrorist attacks.
       (c) Bus and Rural Public Transportation Systems.--Not later 
     than July 31, 2006, the Secretary of Homeland Security shall 
     conduct security assessments, appropriate to the size and 
     nature of each system, to determine the specific needs of--
       (1) local bus-only public transportation systems; and
       (2) selected public transportation systems that receive 
     funds under section 5311 of title 49, United States Code.

     SEC. _104. SECURITY ASSISTANCE GRANTS.

       (a) Capital Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable capital security improvements based on the 
     priorities established under section --103(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) tunnel protection systems;
       (B) perimeter protection systems;
       (C) redundant critical operations control systems;
       (D) chemical, biological, radiological, or explosive 
     detection systems;
       (E) surveillance equipment;
       (F) communications equipment;
       (G) emergency response equipment;
       (H) fire suppression and decontamination equipment;
       (I) global positioning or automated vehicle locator type 
     system equipment;
       (J) evacuation improvements; and
       (K) other capital security improvements.
       (b) Operational Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable operational security improvements based on the 
     priorities established under section --103(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) security training for public transportation employees, 
     including bus and rail operators, mechanics, customer 
     service, maintenance employees, transit police, and security 
     personnel;
       (B) live or simulated drills;
       (C) public awareness campaigns for enhanced public 
     transportation security;
       (D) canine patrols for chemical, biological, or explosives 
     detection;
       (E) overtime reimbursement for enhanced security personnel 
     during significant national and international public events, 
     consistent with the priorities established under section --
     103(a)(4); and
       (F) other appropriate security improvements identified 
     under section--103(a)(4), excluding routine, ongoing 
     personnel costs.
       (c) Congressional Notification.--Not later than 3 days 
     before the award of any grant under this section, the 
     Secretary of Homeland Security shall notify the Committee on 
     Banking, Housing, and Urban Affairs of the Senate of the 
     intent to award such grant.
       (d) Public Transportation Agency Responsibilities.--Each 
     public transportation agency that receives a grant under this 
     section shall--
       (1) identify a security coordinator to coordinate security 
     improvements;
       (2) develop a comprehensive plan that demonstrates the 
     agency's capacity for operating and maintaining the equipment 
     purchased under this section; and
       (3) report annually to the Department of Homeland Security 
     on the use of grant funds received under this section.
       (e) Return of Misspent Grant Funds.--If the Secretary of 
     Homeland Security determines that a grantee used any portion 
     of the grant funds received under this section for a purpose 
     other than the allowable uses specified for that grant under 
     this section, the grantee shall return any amount so used to 
     the Treasury of the United States.

     SEC. _105. INTELLIGENCE SHARING.

       (a) Intelligence Sharing.--The Secretary of Homeland 
     Security shall ensure that the Department of Transportation 
     receives appropriate and timely notification of all credible 
     terrorist threats against public transportation assets in the 
     United States.
       (b) Information Sharing Analysis Center.--
       (1) Establishment.--The Secretary of Homeland Security 
     shall provide sufficient financial assistance for the 
     reasonable costs of the Information Sharing and Analysis 
     Center for Public Transportation (referred to in this 
     subsection as the ``ISAC'') established pursuant to 
     Presidential Directive 63, to protect critical 
     infrastructure.
       (2) Public transportation agency participation.--The 
     Secretary of Homeland Security--
       (A) shall require those public transportation agencies that 
     the Secretary determines to be at significant risk of 
     terrorist attack to participate in the ISAC;
       (B) shall encourage all other public transportation 
     agencies to participate in the ISAC; and
       (C) shall not charge a fee to any public transportation 
     agency for participating in the ISAC.

     SEC. _106. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.

       (a) Grants Authorized.--The Secretary of Homeland Security, 
     in consultation with the Federal Transit Administration, 
     shall award grants to public or private entities to conduct 
     research into, and demonstrate, technologies and methods to 
     reduce and deter terrorist threats or mitigate damages 
     resulting from terrorist attacks against public 
     transportation systems.
       (b) Use of Funds.--Grants awarded under subsection (a) may 
     be used to--
       (1) research chemical, biological, radiological, or 
     explosive detection systems that do not significantly impede 
     passenger access;
       (2) research imaging technologies;
       (3) conduct product evaluations and testing; and
       (4) research other technologies or methods for reducing or 
     deterring terrorist attacks against public transportation 
     systems, or mitigating damage from such attacks.
       (c) Reporting Requirement.--Each entity that receives a 
     grant under this section shall report annually to the 
     Department of Homeland Security on the use of grant funds 
     received under this section.
       (d) Return of Misspent Grant Funds.--If the Secretary of 
     Homeland Security determines that a grantee used any portion 
     of the grant funds received under this section for a purpose 
     other than the allowable uses specified under subsection (b), 
     the grantee shall return any amount so used to the Treasury 
     of the United States.

     SEC. _107. REPORTING REQUIREMENTS.

       (a) Semi-Annual Report to Congress.--
       (1) In general.--Not later than March 31 and September 30 
     of each year, the Secretary of Homeland Security shall submit 
     a report, containing the information described in paragraph 
     (2), to--
       (A) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Appropriations of the Senate.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) a description of the implementation of the provisions 
     of sections -- 103 through 106;
       (B) the amount of funds appropriated to carry out the 
     provisions of each of sections -- 103 through 106 that have 
     not been expended or obligated; and
       (C) the state of public transportation security in the 
     United States.
       (b) Annual Report to Governors.--
       (1) In general.--Not later than March 31 of each year, the 
     Secretary of Homeland Security shall submit a report to the 
     Governor of each State with a public transportation agency 
     that has received a grant under this subtitle.
       (2) Contents.--The report submitted under paragraph (1) 
     shall specify--
       (A) the amount of grant funds distributed to each such 
     public transportation agency; and
       (B) the use of such grant funds.

     SEC. _108. AUTHORIZATION OF APPROPRIATIONS.

       (a) Capital Security Assistance Program.--There are 
     authorized to be appropriated $2,370,000,000 for fiscal year 
     2007 to carry out the provisions of section --104(a), which 
     shall remain available until expended.
       (b) Operational Security Assistance Program.--There are 
     authorized to be appropriated to carry out the provisions of 
     section --104(b)--
       (1) $534,000,000 for fiscal year 2007;
       (2) $333,000,000 for fiscal year 2008; and
       (3) $133,000,000 for fiscal year 2009.

[[Page S2968]]

       (c) Intelligence.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the provisions of 
     section --105.
       (d) Research.--There are authorized to be appropriated 
     $130,000,000 for fiscal year 2007 to carry out the provisions 
     of section --106, which shall remain available until 
     expended.

     SEC. _109. SUNSET PROVISION.

       The authority to make grants under this subtitle shall 
     expire on October 1, 2009.

                   Subtitle B--Improved Rail Security

     SEC. _201. SHORT TITLE; TABLE OF CONTENTS.

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

Sec.--201. Short title; table of contents.
Sec.--202. Rail transportation security risk assessment.
Sec.--203. Systemwide AMTRAK security upgrades.
Sec.--204. Fire and life-safety improvements.
Sec.--205. Freight and passenger rail security upgrades.
Sec.--206. Rail security research and development.
Sec.--207. Oversight and grant procedures.
Sec.--208. AMTRAK plan to assist families of passengers involved in 
              rail passenger accidents.
Sec.--209. Northern border rail passenger report.
Sec.--210. Rail worker security training program.
Sec.--211. Whistleblower protection program.
Sec.--212. High hazard material security threat mitigation plans.
Sec.--213. Memorandum of agreement.
Sec.--214. Rail security enhancements.
Sec.--215. Public awareness.
Sec.--216. Railroad high hazard material tracking.
Sec.--217. Authorization of appropriations.

     SEC. _202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability and risk assessment.--The Secretary of 
     Homeland Security shall establish a task force, including the 
     Transportation Security Administration, the Department of 
     Transportation, and other appropriate agencies, to complete a 
     vulnerability and risk assessment of freight and passenger 
     rail transportation (encompassing railroads, as that term is 
     defined in section 20102(1) of title 49, United States Code). 
     The assessment shall include--
       (A) a methodology for conducting the risk assessment, 
     including timelines, that addresses how the Department of 
     Homeland Security will work with the entities describe in 
     subsection (b) and make use of existing Federal expertise 
     within the Department of Homeland Security, the Department of 
     Transportation, and other appropriate agencies;
       (B) identification and evaluation of critical assets and 
     infrastructures;
       (C) identification of vulnerabilities and risks to those 
     assets and infrastructures;
       (D) identification of vulnerabilities and risks that are 
     specific to the transportation of hazardous materials via 
     railroad;
       (E) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment; and
       (F) an account of actions taken or planned by both public 
     and private entities to address identified rail security 
     issues and assess the effective integration of such actions.
       (2) Recommendations.--Based on the assessment conducted 
     under paragraph (1), the Secretary, in consultation with the 
     Secretary of Transportation, shall develop prioritized 
     recommendations for improving rail security, including any 
     recommendations the Secretary has for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching and car storage areas, other rail 
     infrastructure and facilities, information systems, and other 
     areas identified by the Secretary as posing significant rail-
     related risks to public safety and the movement of interstate 
     commerce, taking into account the impact that any proposed 
     security measure might have on the provision of rail service;
       (B) deploying equipment to detect explosives and hazardous 
     chemical, biological, and radioactive substances, and any 
     appropriate countermeasures;
       (C) training appropriate railroad or railroad shipper 
     employees in terrorism prevention, passenger evacuation, and 
     response activities;
       (D) conducting public outreach campaigns on passenger 
     railroads;
       (E) deploying surveillance equipment; and
       (F) identifying the immediate and long-term costs of 
     measures that may be required to address those risks.
       (3) Plans.--The report required by subsection (c) shall 
     include--
       (A) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the Federal government to provide increased 
     security support at high or severe threat levels of alert;
       (B) a plan for coordinating existing and planned rail 
     security initiatives undertaken by the public and private 
     sectors; and
       (C) a contingency plan, developed in conjunction with 
     freight and intercity and commuter passenger railroads, to 
     ensure the continued movement of freight and passengers in 
     the event of an attack affecting the railroad system, which 
     shall contemplate--
       (i) the possibility of rerouting traffic due to the loss of 
     critical infrastructure, such as a bridge, tunnel, yard, or 
     station; and
       (ii) methods of continuing railroad service in the 
     Northeast Corridor in the event of a commercial power loss, 
     or catastrophe affecting a critical bridge, tunnel, yard, or 
     station.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment and developing the recommendations and 
     plans required by subsection (a), the Secretary of Homeland 
     Security shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, first responders, shippers of hazardous materials, 
     public safety officials, and other relevant parties.
       (c) Report.--
       (1) Contents.--Within 180 days after the date of enactment 
     of this Act, the Secretary shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation, the House 
     of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report containing the assessment, 
     prioritized recommendations, and plans required by subsection 
     (a) and an estimate of the cost to implement such 
     recommendations.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.
       (d) Annual Updates.--The Secretary, in consultation with 
     the Secretary of Transportation, shall update the assessment 
     and recommendations each year and transmit a report, which 
     may be submitted in both classified and redacted formats, to 
     the Committees named in subsection (c)(1), containing the 
     updated assessment and recommendations.
       (e) Funding.--Out of funds appropriated pursuant to section 
     114(u) of title 49, United States Code, there shall be made 
     available to the Secretary of Homeland Security to carry out 
     this section $5,000,000 for fiscal year 2007.

     SEC. _203. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General.--Subject to subsection (c) the Secretary of 
     Homeland Security, in consultation with the Assistant 
     Secretary of Homeland Security (Transportation Security 
     Administration), is authorized to make grants to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, DC;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Secretary;
       (5) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (6) to hire additional police and security officers, 
     including canine units;
       (7) to expand emergency preparedness efforts; and
       (8) for employee security training.
       (b) Conditions.--The Secretary of Transportation shall 
     disburse funds to Amtrak provided under subsection (a) for 
     projects contained in a systemwide security plan approved by 
     the Secretary of Homeland Security. The plan shall include 
     appropriate measures to address security awareness, emergency 
     response, and passenger evacuation training.
       (c) Equitable Geographic Allocation.--The Secretary shall 
     ensure that, subject to meeting the highest security needs on 
     Amtrak's entire system and consistent with the risk 
     assessment required under section --202, stations and 
     facilities located outside of the Northeast Corridor receive 
     an equitable share of the security funds authorized by this 
     section.
       (d) Availability of Funds.--Out of funds appropriated 
     pursuant to section 114(u) of title 49, United States Code, 
     there shall be made available to the Secretary of Homeland 
     Security and the Assistant Secretary of Homeland Security 
     (Transportation Security Administration) to carry out this 
     section--
       (1) $63,500,000 for fiscal year 2007;
       (2) $30,000,000 for fiscal year 2008; and
       (3) $30,000,000 for fiscal year 2009.
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. _204. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--The Secretary of Transportation, in 
     consultation with the Secretary of Homeland Security, is 
     authorized to make grants to Amtrak for the purpose of making 
     fire and life-safety improvements to Amtrak tunnels on the 
     Northeast Corridor in New York, NY, Baltimore, MD, and 
     Washington, DC.
       (b) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section --217(b) of this subtitle, 
     there shall be made available to the Secretary of 
     Transportation for the purposes of carrying out subsection 
     (a) the following amounts:
       (1) For the 6 New York tunnels to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $190,000,000 for fiscal year 2007;
       (B) $190,000,000 for fiscal year 2008; and
       (C) $190,000,000 for fiscal year 2009.

[[Page S2969]]

       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $19,000,000 for fiscal year 2007;
       (B) $19,000,000 for fiscal year 2008; and
       (C) $19,000,000 for fiscal year 2009.
       (3) For the Washington, DC, Union Station tunnels to 
     improve ventilation, communication, lighting, and passenger 
     egress upgrades--
       (A) $13,333,000 for fiscal year 2007;
       (B) $13,333,000 for fiscal year 2008; and
       (C) $13,333,000 for fiscal year 2009.
       (c) Infrastructure Upgrades.--Out of funds appropriated 
     pursuant to section --217(b) of this subtitle, there shall be 
     made available to the Secretary of Transportation for fiscal 
     year 2007 $3,000,000 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts made 
     available pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary of Transportation may 
     not make amounts available to Amtrak for obligation or 
     expenditure under subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing appropriate project budget, 
     construction schedule, recipient staff organization, document 
     control and record keeping, change order procedure, quality 
     control and assurance, periodic plan updates, and periodic 
     status reports.
       (f) Review of Plans.--The Secretary of Transportation shall 
     complete the review of the plans required by paragraphs (1) 
     and (2) of subsection (e) and approve or disapprove the plans 
     within 45 days after the date on which each such plan is 
     submitted by Amtrak. If the Secretary determines that a plan 
     is incomplete or deficient, the Secretary shall notify Amtrak 
     of the incomplete items or deficiencies and Amtrak shall, 
     within 30 days after receiving the Secretary's notification, 
     submit a modified plan for the Secretary's review. Within 15 
     days after receiving additional information on items 
     previously included in the plan, and within 45 days after 
     receiving items newly included in a modified plan, the 
     Secretary shall either approve the modified plan, or, if the 
     Secretary finds the plan is still incomplete or deficient, 
     the Secretary shall identify in writing to the Senate 
     Committee on Commerce, Science, and Transportation, the House 
     of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security the portions of the plan the Secretary 
     finds incomplete or deficient, approve all other portions of 
     the plan, obligate the funds associated with those other 
     portions, and execute an agreement with Amtrak within 15 days 
     thereafter on a process for resolving the remaining portions 
     of the plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary shall, taking into account the need for the timely 
     completion of all portions of the tunnel projects described 
     in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use or plan to use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use or planned use of the tunnels, if feasible.

     SEC. _205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Secretary of Homeland 
     Security, through the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) and other 
     appropriate agencies, is authorized to make grants to freight 
     railroads, the Alaska Railroad, hazardous materials shippers, 
     owners of rail cars used in the transportation of hazardous 
     materials, universities, colleges and research centers, State 
     and local governments (for rail passenger facilities and 
     infrastructure not owned by Amtrak), and, through the 
     Secretary of Transportation, to Amtrak, for full or partial 
     reimbursement of costs incurred in the conduct of activities 
     to prevent or respond to acts of terrorism, sabotage, or 
     other intercity passenger rail and freight rail security 
     vulnerabilities and risks identified under section--202, 
     including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of rail cargo or passenger screening 
     equipment at the United States-Mexico border, the United 
     States-Canada border, or other ports of entry;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of rail cars 
     transporting high hazard materials to improve their 
     resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations;
       (8) the sharing of intelligence and information about 
     security threats;
       (9) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (10) to hire additional police and security officers, 
     including canine units; and
       (11) other improvements recommended by the report required 
     by section--202, including infrastructure, facilities, and 
     equipment upgrades.
       (b) Accountability.--The Secretary shall adopt necessary 
     procedures, including audits, to ensure that grants made 
     under this section are expended in accordance with the 
     purposes of this subtitle and the priorities and other 
     criteria developed by the Secretary.
       (c) Allocation.--The Secretary shall distribute the funds 
     authorized by this section based on risk and vulnerability as 
     determined under section--202, and shall encourage non-
     Federal financial participation in awarding grants. With 
     respect to grants for intercity passenger rail security, the 
     Secretary shall also take into account passenger volume and 
     whether a station is used by commuter rail passengers as well 
     as intercity rail passengers.
       (d) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless Amtrak 
     meets the conditions set forth in section--203(b) of this 
     subtitle.
       (e) Allocation Between Railroads and Others.--Unless as a 
     result of the assessment required by section--202 the 
     Secretary of Homeland Security determines that critical rail 
     transportation security needs require reimbursement in 
     greater amounts to any eligible entity, no grants under this 
     section may be made--
       (1) in excess of $45,000,000 to Amtrak; or
       (2) in excess of $80,000,000 for the purposes described in 
     paragraphs (3) and (5) of subsection (a).
       (f) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section 114(u) of title 49, United 
     States Code, there shall be made available to the Secretary 
     of Homeland Security to carry out this section--
       (1) $100,000,000 for fiscal year 2007;
       (2) $100,000,000 for fiscal year 2008; and
       (3) $100,000,000 for fiscal year 2009.
     Amounts made available pursuant to this subsection shall 
     remain available until expended.
       (g) High Hazard Materials Defined.--In this section, the 
     term ``high hazard materials'' means quantities of poison 
     inhalation hazard materials, Class 2.3 gases, Class 6.1 
     materials, and anhydrous ammonia that the Secretary, in 
     consultation with the Secretary of Transportation, determines 
     pose a security risk.

     SEC. _206. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Secretary of Homeland Security, through the Under Secretary 
     for Science and Technology and the Assistant Secretary of 
     Homeland Security (Transportation Security Administration), 
     in consultation with the Secretary of Transportation shall 
     carry out a research and development program for the purpose 
     of improving freight and intercity passenger rail security 
     that may include research and development projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to explosives and hazardous chemical, 
     biological, and radioactive substances;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight technologies, including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment;
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car or other 
     rail car used to transport hazardous materials and transmit 
     information about the integrity of cars to the train crew or 
     dispatcher;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials (as defined in 
     section --205(g) of this subtitle; and
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety; and
       (6) other projects that address vulnerabilities and risks 
     identified under section--202.
       (b) Coordination With Other Research Initiatives.--The 
     Secretary of Homeland Security shall ensure that the research 
     and development program authorized by this section is 
     coordinated with other research and development initiatives 
     at the Department of Homeland Security and the Department of 
     Transportation. The Secretary shall carry out any research 
     and development project authorized by this section through a 
     reimbursable agreement with the Secretary of Transportation, 
     if the Secretary of Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.

[[Page S2970]]

       (c) Grants and Accountability.--To carry out the research 
     and development program, the Secretary may award grants to 
     the entities described in section--205(a) and shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this subtitle and the priorities and other 
     criteria developed by the Secretary.
       (d) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section 114(u) of title 49, United 
     States Code, there shall be made available to the Secretary 
     of Homeland Security to carry out this section--
       (1) $35,000,000 for fiscal year 2007;
       (2) $35,000,000 for fiscal year 2008; and
       (3) $35,000,000 for fiscal year 2009.
     Amounts made available pursuant to this subsection shall 
     remain available until expended.

     SEC. _207. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Homeland 
     Security may use up to 0.5 percent of amounts made available 
     for capital projects under the Rail Security Act of 2006 to 
     enter into contracts for the review of proposed capital 
     projects and related program management plans and to oversee 
     construction of such projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) of this subsection to make contracts to 
     audit and review the safety, procurement, management, and 
     financial compliance of a recipient of amounts under this 
     subtitle.
       (c) Procedures for Grant Award.--The Secretary shall, 
     within 90 days after the date of enactment of this Act, 
     prescribe procedures and schedules for the awarding of grants 
     under this subtitle, including application and qualification 
     procedures (including a requirement that the applicant have a 
     security plan), and a record of decision on applicant 
     eligibility. The procedures shall include the execution of a 
     grant agreement between the grant recipient and the Secretary 
     and shall be consistent, to the extent practicable, with the 
     grant procedures established under section 70107 of title 46, 
     United States Code.

     SEC. _208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2006, 
     Amtrak shall submit to the Chairman of the National 
     Transportation Safety Board, the Secretary of Transportation, 
     and the Secretary of Homeland Security a plan for addressing 
     the needs of the families of passengers involved in any rail 
     passenger accident involving an Amtrak intercity train and 
     resulting in a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for Amtrak to use 
     reasonable efforts to ascertain the number and names of 
     passengers aboard a train involved in an accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within Amtrak's control; 
     that any possession of the passenger within Amtrak's control 
     will be returned to the family unless the possession is 
     needed for the accident investigation or any criminal 
     investigation; and that any unclaimed possession of a 
     passenger within Amtrak's control will be retained by the 
     rail passenger carrier for at least 18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--The National Transportation 
     Safety Board, the Secretary of Transportation, and Amtrak may 
     not release any personal information on a list obtained under 
     subsection (b)(1) but may provide information on the list 
     about a passenger to the family of the passenger to the 
     extent that the Board or Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak in preparing or 
     providing a passenger list, or in providing information 
     concerning a train reservation, pursuant to a plan submitted 
     by Amtrak under subsection (b), unless such liability was 
     caused by Amtrak's conduct.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       ``(f) Funding.--Out of funds appropriated pursuant to 
     section --217(b) of the Rail Security Act of 2006, there 
     shall be made available to the Secretary of Transportation 
     for the use of Amtrak $500,000 for fiscal year 2007 to carry 
     out this section. Amounts made available pursuant to this 
     subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

``24316.  Plan to assist families of passengers involved in rail 
              passenger accidents.''.

     SEC. _209. NORTHERN BORDER RAIL PASSENGER REPORT.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of Homeland Security, in consultation with the 
     Assistant Secretary of Homeland Security (Transportation 
     Security Administration), the Secretary of Transportation, 
     heads of other appropriate Federal departments, and agencies 
     and the National Railroad Passenger Corporation, shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation, the House of Representatives 
     Committee on Transportation and Infrastructure, and the House 
     of Representatives Committee on Homeland Security that 
     contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     traveling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers;
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security; and
       (8) an analysis of the feasibility of reinstating in-
     transit inspections onboard international Amtrak trains.

     SEC. _210. RAIL WORKER SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security and 
     the Secretary of Transportation, in consultation with 
     appropriate law enforcement, security, and terrorism experts, 
     representatives of railroad carriers, and nonprofit employee 
     organizations that represent rail workers, shall develop and 
     issue detailed guidance for a rail worker security training 
     program to prepare front-line workers for potential threat 
     conditions. The guidance shall take into consideration any 
     current security training requirements or best practices.
       (b) Program Elements.--The guidance developed under 
     subsection (a) shall include elements, as appropriate to 
     passenger and freight rail service, that address the 
     following:
       (1) Determination of the seriousness of any occurrence.
       (2) Crew communication and coordination.
       (3) Appropriate responses to defend or protect oneself.
       (4) Use of protective devices.
       (5) Evacuation procedures.
       (6) Psychology of terrorists to cope with hijacker behavior 
     and passenger responses.
       (7) Situational training exercises regarding various threat 
     conditions.
       (8) Any other subject the Secretary considers appropriate.

[[Page S2971]]

       (c) Railroad Carrier Programs.--Not later than 90 days 
     after the Secretary of Homeland Security issues guidance 
     under subsection (a) in final form, each railroad carrier 
     shall develop a rail worker security training program in 
     accordance with that guidance and submit it to the Secretary 
     for review. Not later than 30 days after receiving a railroad 
     carrier's program under this subsection, the Secretary shall 
     review the program and transmit comments to the railroad 
     carrier concerning any revisions the Secretary considers 
     necessary for the program to meet the guidance requirements. 
     A railroad carrier shall respond to the Secretary's comments 
     within 30 days after receiving them.
       (d) Training.--Not later than 1 year after the Secretary 
     reviews the training program developed by a railroad carrier 
     under this section, the railroad carrier shall complete the 
     training of all front-line workers in accordance with that 
     program. The Secretary shall review implementation of the 
     training program of a representative sample of railroad 
     carriers and report to the Senate Committee on Commerce, 
     Science, and Transportation, the House of Representatives 
     Committee on Transportation and Infrastructure, and the House 
     of Representatives Committee on Homeland Security on the 
     number of reviews conducted and the results. The Secretary 
     may submit the report in both classified and redacted formats 
     as necessary.
       (e) Updates.--The Secretary shall update the training 
     guidance issued under subsection (a) as appropriate to 
     reflect new or different security threats. Railroad carriers 
     shall revise their programs accordingly and provide 
     additional training to their front-line workers within a 
     reasonable time after the guidance is updated.
       (f) Front-Line Workers Defined.--In this section, the term 
     ``front-line workers'' means security personnel, dispatchers, 
     train operators, other onboard employees, maintenance and 
     maintenance support personnel, bridge tenders, as well as 
     other appropriate employees of railroad carriers, as defined 
     by the Secretary.
       (g) Other Employees.--The Secretary of Homeland Security 
     shall issue guidance and best practices for a rail shipper 
     employee security program containing the elements listed 
     under subsection (b) as appropriate.

     SEC. _211. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter A of chapter 201 of title 49, 
     United States Code, is amended by inserting after section 
     20117 the following:

     ``Sec. 20118. Whistleblower protection for rail security 
       matters

       ``(a) Discrimination Against Employee.--No rail carrier 
     engaged in interstate or foreign commerce may discharge a 
     railroad employee or otherwise discriminate against a 
     railroad employee because the employee (or any person acting 
     pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide or cause to be provided, to the employer or the 
     Federal Government information relating to a reasonably 
     perceived threat, in good faith, to security; or
       ``(2) provided, caused to be provided, or is about to 
     provide or cause to be provided, testimony before Congress or 
     at any Federal or State proceeding regarding a reasonably 
     perceived threat, in good faith, to security; or
       ``(3) refused to violate or assist in the violation of any 
     law, rule or regulation related to rail security.
       ``(b) Dispute Resolution.--A dispute, grievance, or claim 
     arising under this section is subject to resolution under 
     section 3 of the Railway Labor Act (45 U.S.C. 153). In a 
     proceeding by the National Railroad Adjustment Board, a 
     division or delegate of the Board, or another board of 
     adjustment established under section 3 to resolve the 
     dispute, grievance, or claim the proceeding shall be 
     expedited and the dispute, grievance, or claim shall be 
     resolved not later than 180 days after it is filed. If the 
     violation is a form of discrimination that does not involve 
     discharge, suspension, or another action affecting pay, and 
     no other remedy is available under this subsection, the 
     Board, division, delegate, or other board of adjustment may 
     award the employee reasonable damages, including punitive 
     damages, of not more than $20,000.
       ``(c) Procedural Requirements.--Except as provided in 
     subsection (b), the procedure set forth in section 
     42121(b)(2)(B) of this title, including the burdens of proof, 
     applies to any complaint brought under this section.
       ``(d) Election of Remedies.--An employee of a railroad 
     carrier may not seek protection under both this section and 
     another provision of law for the same allegedly unlawful act 
     of the carrier.
       ``(e) Disclosure of Identity.--
       ``(1) Except as provided in paragraph (2) of this 
     subsection, or with the written consent of the employee, the 
     Secretary of Transportation may not disclose the name of an 
     employee of a railroad carrier who has provided information 
     about an alleged violation of this section.
       ``(2) The Secretary shall disclose to the Attorney General 
     the name of an employee described in paragraph (1) of this 
     subsection if the matter is referred to the Attorney General 
     for enforcement.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 of title 49, United States Code, is amended by inserting 
     after the item relating to section 20117 the following:

``20118. Whistleblower protection for rail security matters.''.

     SEC. _212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION 
                   PLANS.

       (a) In General.--The Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) and the 
     Secretary of Transportation, shall require rail carriers 
     transporting a high hazard material, as defined in section --
     205(g) of this subtitle and of a quantity equal or exceeding 
     the quantities of such material listed in subpart 172.800, 
     title 49, Federal Code of Regulations, to develop a high 
     hazard material security threat mitigation plan containing 
     appropriate measures, including alternative routing and 
     temporary shipment suspension options, to address assessed 
     risks to high consequence targets. The plan, and any 
     information submitted to the Secretary under this section 
     shall be protected as sensitive security information under 
     the regulations prescribed under section 114(s) of title 49, 
     United States Code.
       (b) Implementation.--A high hazard material security threat 
     mitigation plan shall be put into effect by a rail carrier 
     for the shipment of high hazardous materials by rail on the 
     rail carrier's right-of-way when the threat levels of the 
     Homeland Security Advisory System are high or severe and 
     specific intelligence of probable or imminent threat exists 
     towards--
       (1) a high-consequence target that is within the 
     catastrophic impact zone of a railroad right-of-way used to 
     transport high hazardous material; or
       (2) rail infrastructure or operations within the immediate 
     vicinity of a high-consequence target.
       (c) Completion and Review of Plans.--
       (1) Plans required.--Each rail carrier shall--
       (A) submit a list of routes used to transport high hazard 
     materials to the Secretary of Homeland Security within 60 
     days after the date of enactment of this Act;
       (B) develop and submit a high hazard material security 
     threat mitigation plan to the Secretary within 180 days after 
     it receives the notice of high consequence targets on such 
     routes by the Secretary; and
       (C) submit any subsequent revisions to the plan to the 
     Secretary within 30 days after making the revisions.
       (2) Review and updates.--The Secretary, with assistance of 
     the Secretary of Transportation, shall review the plans and 
     transmit comments to the railroad carrier concerning any 
     revisions the Secretary considers necessary. A railroad 
     carrier shall respond to the Secretary's comments within 30 
     days after receiving them. Each rail carrier shall update and 
     resubmit its plan for review not less than every 2 years.
       (d) Definitions.--In this section:
       (1) The term ``high-consequence target'' means a building, 
     buildings, infrastructure, public space, or natural resource 
     designated by the Secretary of Homeland Security that is 
     viable terrorist target of national significance, the attack 
     of which could result in--
       (A) catastrophic loss of life; and
       (B) significantly damaged national security and defense 
     capabilities; or
       (C) national economic harm.
       (2) The term ``catastrophic impact zone'' means the area 
     immediately adjacent to, under, or above an active railroad 
     right-of-way used to ship high hazard materials in which the 
     potential release or explosion of the high hazard material 
     being transported would likely cause--
       (A) loss of life; or
       (B) significant damage to property or structures.
       (3) The term ``rail carrier'' has the meaning given that 
     term by section 10102(5) of title 49, United States Code.

     SEC. _213. MEMORANDUM OF AGREEMENT.

       (a) Memorandum of Agreement.--Similar to the public 
     transportation security annex between the two departments 
     signed on September 8, 2005, within 1 year after the date of 
     enactment of this Act, the Secretary of Transportation and 
     the Secretary of Homeland Security shall execute and develop 
     an annex to the memorandum of agreement between the two 
     departments signed on September 28, 2004, governing the 
     specific roles, delineations of responsibilities, resources 
     and commitments of the Department of Transportation and the 
     Department of Homeland Security, respectively, in addressing 
     railroad transportation security matters, including the 
     processes the departments will follow to promote 
     communications, efficiency, and nonduplication of effort.
       (b) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended by striking ``safety'' the 
     first place it appears, and inserting ``safety, including 
     security,''.

     SEC. _214. RAIL SECURITY ENHANCEMENTS.

       (a) Rail Police Officers.--Section 28101 of title 49, 
     United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``Under''; 
     and
       (2) by striking ``the rail carrier'' each place it appears 
     and inserting ``any rail carrier''.
       (b) Review of Rail Regulations.--Within 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security and the Assistant Secretary of Homeland 
     Security (Transportation Security Administration), shall 
     review existing rail regulations of the Department of 
     Transportation for the purpose of identifying areas in which 
     those regulations need to be revised to improve rail 
     security.

[[Page S2972]]

     SEC. _215. PUBLIC AWARENESS.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary of Homeland Security, in consultation with 
     the Secretary of Transportation, shall develop a national 
     plan for public outreach and awareness. Such plan shall be 
     designed to increase awareness of measures that the general 
     public, railroad passengers, and railroad employees can take 
     to increase railroad system security. Such plan shall also 
     provide outreach to railroad carriers and their employees to 
     improve their awareness of available technologies, ongoing 
     research and development efforts, and available Federal 
     funding sources to improve railroad security. Not later than 
     9 months after the date of enactment of this Act, the 
     Secretary of Homeland Security shall implement the plan 
     developed under this section.

     SEC. _216. RAILROAD HIGH HAZARD MATERIAL TRACKING.

       (a) Wireless Communications.--
       (1) In general.--In conjunction with the research and 
     development program established under section--206 and 
     consistent with the results of research relating to wireless 
     tracking technologies, the Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of Homeland 
     Security (Transportation Security Administration), shall 
     develop a program that will encourage the equipping of rail 
     cars transporting high hazard materials (as defined in 
     section --205(g) of this subtitle) in quantities equal to or 
     greater than the quantities specified in subpart 171.800 of 
     title 49, Code of Federal Regulations, with wireless 
     terrestrial or satellite communications technology that 
     provides--
       (A) car position location and tracking capabilities;
       (B) notification of rail car depressurization, breach, or 
     unsafe temperature; and
       (C) notification of hazardous material release.
       (2) Coordination.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for rail car tracking at the Department of Transportation; 
     and
       (B) ensure that the program is consistent with 
     recommendations and findings of the Department of Homeland 
     Security's hazardous material tank rail car tracking pilot 
     programs.
       (b) Funding.--Out of funds appropriated pursuant to section 
     114(u) of title 49, United States Code, there shall be made 
     available to the Secretary of Homeland Security to carry out 
     this section $3,000,000 for each of fiscal years 2007, 2008, 
     and 2009.

     SEC. _217. AUTHORIZATION OF APPROPRIATIONS.

       (a) Transportation Security Administration Authorization.--
     Section 114 of title 49, United States Code, is amended by 
     adding at the end thereof the following:
       ``(u) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security, (Transportation Security Administration) for rail 
     security--
       ``(1) $206,500,000 for fiscal year 2007;
       ``(2) $168,000,000 for fiscal year 2008; and
       ``(3) $168,000,000 for fiscal year 2009.''.
       (b) Department of Transportation.--There are authorized to 
     be appropriated to the Secretary of Transportation to carry 
     out this subtitle and sections 20118 and 24316 of title 49, 
     United States Code, as added by this subtitle--
       (1) $225,000,000 for fiscal year 2007;
       (2) $223,000,000 for fiscal year 2008; and
       (3) $223,000,000 for fiscal year 2009.

                 Subtitle C--Improved Maritime Security

     SEC. _301. SHORT TITLE; TABLE OF CONTENTS.

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

Sec.--301. Short title; table of contents.
Sec.--302. Establishment of additional interagency operational centers 
              for port security.
Sec.--303. Area maritime transportation security plan to include 
              salvage response plan.
Sec.--304. Post-incident resumption of trade.
Sec.--305. Assistance for foreign ports.
Sec.--306. Improved data for targeted cargo searches.
Sec.--307. Technical requirements for non-intrusive inspection 
              equipment.
Sec.--308. Random inspection of containers.
Sec.--309. Cargo security.
Sec.--310. Secure systems of international intermodal transportation.
Sec.--311. Port security user fee study.
Sec.--312. Deadline for transportation security cards.
Sec.--313. Port security grants.
Sec.--314. Customs-trade partnership against terrorism security 
              validation program.
Sec.--315. Work stoppages and employee-employer disputes.
Sec.--316. Appeal of denial of waiver for transportation security card.
Sec.--317. Inspection of car ferries entering from Canada.

     SEC. _302. ESTABLISHMENT OF ADDITIONAL INTERAGENCY 
                   OPERATIONAL CENTERS FOR PORT SECURITY.

       (a) In General.--In order to improve interagency 
     cooperation, unity of command, and the sharing of 
     intelligence information in a common mission to provide 
     greater protection for port and intermodal transportation 
     systems against acts of terrorism, the Secretary of Homeland 
     Security, acting through the Commandant of the Coast Guard, 
     shall establish interagency operational centers for port 
     security at all high priority ports.
       (b) Characteristics.--The interagency operational centers 
     shall--
       (1) be based on the most appropriate compositional and 
     operational characteristics of the pilot project interagency 
     operational centers for port security in Miami, Florida, 
     Norfolk/Hampton Roads, Virginia, Charleston, South Carolina, 
     and San Diego, California;
       (2) be adapted to meet the security needs, requirements, 
     and resources of the individual port area at which each is 
     operating;
       (3) provide for participation by representatives of the 
     United States Customs and Border Protection, the 
     Transportation Security Administration, the Department of 
     Defense, and other Federal agencies, as determined to be 
     appropriate by the Secretary of Homeland Security, and State 
     and local law enforcement or port security agencies and 
     personnel; and
       (4) be incorporated in the implementation of--
       (A) maritime transportation security plans developed under 
     section 70103 of title 46, United States Code;
       (B) maritime intelligence activities under section 70113 of 
     that title;
       (C) short and long range vessel tracking under sections 
     70114 and 70115 of that title;
       (D) secure transportation systems under section 70116 of 
     that title;
       (E) the United States Customs and Border Protection's 
     screening and high-risk cargo inspection programs; and
       (F) the transportation security incident response plans 
     required by section 70104 of that title.
       (c) 2005 Act Report Requirement.--Nothing in this section 
     relieves the Commandant of the Coast Guard from compliance 
     with the requirements of section 807 of the Coast Guard and 
     Maritime Transportation Act of 2004. The Commandant shall 
     utilize the information developed in making the report 
     required by that section in carrying out the requirements of 
     this section.
       (d) Budget and Cost-Sharing Analysis.--Within 180 days 
     after the date of enactment of this Act, the Secretary shall 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the House of 
     Representatives Committee on Homeland Security a proposed 
     budget analysis for implementing subsection (a), including 
     cost-sharing arrangements with other Federal departments and 
     agencies involved in the interagency operation of the 
     centers.

     SEC. _303. AREA MARITIME TRANSPORTATION SECURITY PLAN TO 
                   INCLUDE SALVAGE RESPONSE PLAN.

       Section 70103(b)(2) of title 46, United States Code, is 
     amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (E);
       (2) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (3) by inserting after subparagraph (E) the following:
       ``(F) include a salvage response plan--
       ``(i) to identify salvage equipment capable of restoring 
     operational trade capacity; and
       ``(ii) to ensure that the flow of cargo through United 
     States ports is re-established as efficiently and quickly as 
     possible after a transportation security incident.''.

     SEC. _304. POST-INCIDENT RESUMPTION OF TRADE.

       Section 70103(a)(2)(J) of title 46, United States Code, is 
     amended by inserting after ``incident.'' the following: ``The 
     plan shall provide, to the extent practicable, preference in 
     the reestablishment of the flow of cargo through United 
     States ports after a transportation security incident to--
       ``(i) vessels that have a vessel security plan approved 
     under subsection (c);
       ``(ii) vessels manned by individuals who are described in 
     section 70105(b)(2)(B) and who have undergone a background 
     records check under section 70105(d) or who hold 
     transportation security cards issued under section 70105; and
       ``(iii) vessels on which all the cargo has undergone 
     screening and inspection under standards and procedures 
     established under section 70116(b)(2) of this title.''.

     SEC. _305. ASSISTANCE FOR FOREIGN PORTS.

       (a) In General.--Section 70109 of title 46, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 70109. International cooperation and coordination'' ; 
     and
       (2) by adding at the end the following:
       ``(c) Foreign Assistance Programs.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation, the Secretary of State, the 
     Secretary of Energy, and the Commandant of the United States 
     Coast Guard, shall identify foreign assistance programs that 
     could facilitate implementation of port security 
     antiterrorism measures in foreign countries. The Secretary 
     shall establish a program to utilize those programs that are 
     capable of implementing port security antiterrorism measures 
     at ports in foreign countries that the Secretary finds, under 
     section 70108, to lack effective antiterrorism measures.
       ``(2) Caribbean basin.--The Secretary, in coordination with 
     the Secretary of State and in consultation with the 
     Organization of

[[Page S2973]]

     American States and the Commandant of the United States Coast 
     Guard, shall place particular emphasis on utilizing programs 
     to facilitate the implementation of port security 
     antiterrorism measures at the ports located in the Caribbean 
     Basin, as such ports pose unique security and safety threats 
     to the United States due to--
       ``(A) the strategic location of such ports between South 
     America and United States;
       ``(B) the relative openness of such ports; and
       ``(C) the significant number of shipments of narcotics to 
     the United States that are moved through such ports.
       ``(d) International Cargo Security Standards.--The 
     Secretary of State, in consultation with the Secretary acting 
     through the Commissioner of Customs and Border Protection, 
     shall enter into negotiations with foreign governments and 
     international organizations, including the International 
     Maritime Organization, the World Customs Organization, the 
     International Labor Organization, and the International 
     Standards Organization, as appropriate--
       ``(1) to promote standards for the security of containers 
     and other cargo moving within the international supply chain;
       ``(2) to encourage compliance with minimum technical 
     requirements for the capabilities of nonintrusive inspection 
     equipment, including imaging and radiation detection devices, 
     established under section --306 of the Maritime Security Act 
     of 2006;
       ``(3) to implement the requirements of the container 
     security initiative under section 70121; and
       ``(4) to implement standards and procedures established 
     under section 70116.''.
       (b) Report on Security at Ports in the Caribbean Basin.--
     Not later than 180 days after the date of enactment of this 
     Act, the Comptroller General shall submit to the Senate 
     Committee on Commerce, Science, and Transportation, the House 
     of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report on the security of ports in the 
     Caribbean Basin. The report--
       (1) shall include--
       (A) an assessment of the effectiveness of the measures 
     employed to improve security at ports in the Caribbean Basin 
     and recommendations for any additional measures to improve 
     such security;
       (B) an estimate of the number of ports in the Caribbean 
     Basin that will not be secured by January 1, 2007, and an 
     estimate of the financial impact in the United States of any 
     action taken pursuant to section 70110 of title 46, United 
     States Code, that affects trade between such ports and the 
     United States; and
       (C) an assessment of the additional resources and program 
     changes that are necessary to maximize security at ports in 
     the Caribbean Basin; and
       (2) may be submitted in both classified and redacted 
     formats.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     701 of title 46, United States Code, is amended by striking 
     the item relating to section 70901 and inserting the 
     following:

``70901. International cooperation and coordination''.

     SEC. _306. IMPROVED DATA FOR TARGETED CARGO SEARCHES.

       (a) In General.--In order to provide the best possible data 
     for the automated targeting system developed and operated by 
     United States Customs and Border Protection under section 
     70116(b)(1) of title 46, United States Code, that identifies 
     high-risk cargo for inspection before it is loaded in a 
     foreign port for shipment to the United States, the Secretary 
     of Homeland Security, acting through the Commissioner of 
     Customs and Border Protection, shall require importers 
     shipping goods to the United States via cargo container to 
     supply entry data not later than 24 hours before loading a 
     container under the advance notification requirements under 
     section 484(a)(2) of the Tariff Act of 1930 (19 U.S.C. 
     1484(a)(2)).
       (b) Deadline.--The requirement imposed under subsection (a) 
     shall apply to goods entered after July 1, 2006.
       (c) Authorization of Appropriations.--
       (1) There are authorized to be appropriated to the 
     Secretary of Homeland Security to carry out the automated 
     targeting system program to identify high-risk oceanborne 
     container cargo for inspection--
       (A) $30,700,000 for fiscal year 2007;
       (B) $33,200,000 for fiscal year 2008; and
       (C) $35,700,000 for fiscal year 2009.
       (2) The amounts authorized by this subsection shall be in 
     addition to any other amounts authorized to be appropriated 
     to carry out that program.

     SEC. _307. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE 
                   INSPECTION EQUIPMENT.

       Within 2 years after the date of enactment of this Act, the 
     Commissioner of Customs and Border Protection, in 
     consultation with the National Institute of Science and 
     Technology, shall initiate a rulemaking to establish minimum 
     technical requirements for the capabilities of nonintrusive 
     inspection equipment, including imaging and radiation 
     detection devices, that help ensure that all equipment used 
     can detect risks and threats as determined appropriate by the 
     Secretary, while considering the need not to endorse specific 
     companies or to create sovereignty conflicts with 
     participating countries.

     SEC. _308. RANDOM INSPECTION OF CONTAINERS.

       Within 1 year after the date of enactment of this Act, the 
     Commissioner of Customs and Border Protection shall develop 
     and implement a plan, utilizing best practices for empirical 
     scientific research design and random sampling standards for 
     random physical inspection of shipping containers in addition 
     to any targeted or pre-shipment inspection of such containers 
     required by law or regulation or conducted under any other 
     program conducted by the Commissioner. Nothing in this 
     section shall be construed to mean that implementation of the 
     random sampling plan would preclude the additional physical 
     inspection of shipping containers not inspected pursuant to 
     the plan.

     SEC. _309. CARGO SECURITY.

       (a) In General.--Chapter 701 of title 46, United States 
     Code, is amended--
       (1) by redesignating the second section 70118 (relating to 
     withholding of clearance), as added by section 802(a)(2) of 
     the Coast Guard and Maritime Transportation Act of 2004, as 
     section 70119;
       (2) by redesignating the first section 70119 (relating to 
     enforcement by State and local officers), as added by section 
     801(a) of the Coast Guard and Maritime Transportation Act of 
     2004, as section 70120;
       (3) by redesignating the second section 70119 (relating to 
     civil penalty), as redesignated by section 802(a)(1) of the 
     Coast Guard and Maritime Transportation Act of 2004, as 
     section 70122; and
       (4) by inserting after section 70120, as redesignated by 
     paragraph (2), the following:

     ``Sec. 70121. Container security initiative

       ``(a) In General.--Pursuant to the standards established 
     under subsection (b)(1) of section 70116--
       ``(1) the Secretary, through the Commissioner of Customs 
     and Border Protection, shall issue regulations to--
       ``(A) evaluate and screen cargo documents prior to loading 
     in a foreign port for shipment to the United States, either 
     directly or via a foreign port; and
       ``(B) inspect high-risk cargo in a foreign port intended 
     for shipment to the United States by physical examination or 
     nonintrusive examination by technological means; and
       ``(2) the Commissioner of Customs and Border Protection 
     shall execute inspection and screening protocols with 
     authorities in foreign ports to ensure that the standards and 
     procedures promulgated under paragraph (1) are implemented in 
     an effective manner.
       ``(b) Extension of Container Security Initiative to Other 
     Ports.--The Secretary, through the Commissioner of Customs 
     and Border Protection, may designate foreign seaports under 
     this section if, with respect to any such seaport, the 
     Secretary determines that--
       ``(1) the seaport--
       ``(A) presents a significant level of risk;
       ``(B) is a significant port or origin or transshipment, in 
     terms of volume or value, for cargo being imported to the 
     United States; and
       ``(C) is potentially capable of validating a secure system 
     of transportation pursuant to section 70116; and
       ``(2) the Department of State and representatives of the 
     country with jurisdiction over the port have completed 
     negotiations to ensure compliance with the requirements of 
     the container security initiative.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section--
       ``(1) $142,000,000 for fiscal year 2007;
       ``(2) $144,000,000 for fiscal year 2008; and
       ``(3) $146,000,000 for fiscal year 2009.''.
       (b) Conforming Amendments.--
       (1) The chapter analysis for chapter 701 of title 46, 
     United States Code, is amended by striking the items 
     following the item relating to section 70116 and inserting 
     the following:

``70117. In rem liability for civil penalties and certain costs
``70118. Firearms, arrests, and seizure of property
``70119. Withholding of clearance
``70120. Enforcement by State and local officers
``70121. Container security initiative
``70122. Civil penalty''.
       (2) Section 70117(a) of title 46, United States Code, is 
     amended by striking ``section 70120'' and inserting ``section 
     70122''.
       (3) Section 70119(a) of such title, as redesignated by 
     subsection (a)(1) of this section, is amended--
       (A) by striking ``under section 70119,'' and inserting 
     ``under section 70122,''; and
       (B) by striking ``under section 70120,'' and inserting 
     ``under that section,''.
       (4) Section 111 of the Maritime Transportation Security Act 
     of 2002 is repealed.

     SEC. _310. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL 
                   TRANSPORTATION.

       Section 70116 of title 46, United States Code, is amended--
       (1) by striking ``transportation.'' in subsection (a) and 
     inserting ``transportation--
       ``(1) to ensure the security and integrity of shipments of 
     goods to the United States from the point at which such goods 
     are initially packed or loaded into a cargo container for 
     international shipment until they reach their ultimate 
     destination; and
       ``(2) to facilitate the movement of such goods through the 
     entire supply chain through an expedited security and 
     clearance program.''; and
       (2) by striking subsection (b) and inserting the following:

[[Page S2974]]

       ``(b) Program Elements.--In establishing and conducting the 
     program under subsection (a) the Secretary, acting through 
     the Commissioner of Customs and Border Protection, shall--
       ``(1) establish standards and procedures for verifying, at 
     the point at which goods are placed in a cargo container for 
     shipping, that the container is free of unauthorized 
     hazardous chemical, biological, or nuclear material and for 
     securely sealing such containers after the contents are so 
     verified;
       ``(2) establish standards and procedures for screening and 
     evaluating cargo prior to loading in a foreign port for 
     shipment to the United States either directly or via a 
     foreign port;
       ``(3) establish standards and procedures for securing cargo 
     and monitoring that security while in transit;
       ``(4) develop performance standards to enhance the physical 
     security of shipping containers, including performance 
     standards for seals and locks;
       ``(5) establish standards and procedures for allowing the 
     United States Government to ensure and validate compliance 
     with this program; and
       ``(6) incorporate any other measures the Secretary 
     considers necessary to ensure the security and integrity of 
     international intermodal transport movements.
       ``(c) Benefits from Participation.--The Commissioner of 
     Customs and Border Protection may provide expedited clearance 
     of cargo to an entity that--
       ``(1) meets or exceeds the standards established under 
     subsection (b); and
       ``(2) certifies the security of its supply chain not less 
     often than once every 2 years to the Secretary.''.

     SEC. _311. PORT SECURITY USER FEE STUDY.

       The Secretary of Homeland Security shall conduct a study of 
     the need for, and feasibility of, establishing a system of 
     oceanborne and port-related intermodal transportation user 
     fees that could be imposed and collected as a dedicated 
     revenue source, on a temporary or continuing basis, to 
     provide necessary funding for the improvement and maintenance 
     of enhanced port security. Within 1 year after date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the House of 
     Representatives Committee on Homeland Security that--
       (1) contains the Secretary's findings, conclusions, and 
     recommendations (including legislative recommendations if 
     appropriate); and
       (2) includes an assessment of the annual amount of customs 
     fees and duties collected through oceanborne and port-related 
     transportation and the amount and percentage of such fees and 
     duties that are dedicated to improve and maintain security.

     SEC. _312. DEADLINE FOR TRANSPORTATION SECURITY CARDS.

       The Secretary shall issue a final rule under section 70105 
     of title 46, United States Code, no later than January 1, 
     2007.

     SEC. _313. PORT SECURITY GRANTS.

       (a) Basis for Grants.--Section 70107(a) of title 46, United 
     States Code, is amended by striking ``for making a fair and 
     equitable allocation of funds'' and inserting ``based on risk 
     and vulnerability''.
       (b) Eligible Costs.--Section 70107(b) of title 46, United 
     States Code, is amended by striking paragraph (1) and 
     redesignating paragraphs (2) through (4) as paragraphs (1) 
     through (3), respectively.
       (c) Letters of Intent.--Section 70107(e) of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) Letters of intent.--The Secretary may execute letters 
     of intent to commit funding to port sponsors from the 
     Fund.''.

     SEC. _314. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM 
                   SECURITY VALIDATION PROGRAM.

       (a) In General.--Chapter 701 of title 46, United States 
     Code, as amended by section --309 of this subtitle, is 
     further amended--
       (1) by redesignating section 70122 (as redesignated by 
     section --309(a)(3) of this subtitle) as section 70123; and
       (2) by inserting after section 70121 the following:

     ``Sec. 70122. Customs-Trade Partnership Against Terrorism 
       validation program.

       ``(a) Validation; Records Management.--The Secretary of 
     Homeland Security, through the Commissioner of Customs and 
     Border Protection, shall issue regulations--
       ``(1) to strengthen the validation process to verify that 
     security programs of members of the Customs-Trade Partnership 
     Against Terrorism have been implemented and that the program 
     benefits should continue by providing appropriate guidance to 
     specialists conducting such validations, including 
     establishing what level of review is adequate to determine 
     whether member security practices are reliable, accurate, and 
     effective; and
       ``(2) to implement a records management system that 
     documents key decisions and significant operational events 
     accurately and in a timely manner, including a reliable 
     system for--
       ``(A) documenting and maintaining records of all decisions 
     in the application through validation processes, including 
     documentation of the objectives, scope, methodologies, and 
     limitations of validations; and
       ``(B) tracking member status.
       ``(b) Human Capital Plan.--Within 6 months after the date 
     of enactment of the Maritime Security Act of 2006, the 
     Secretary shall complete a human capital plan, that clearly 
     describes how the Customs-Trade Partnership Against Terrorism 
     program will recruit, train, and retain sufficient staff to 
     conduct the work of the program successfully, including 
     reviewing security profiles, vetting, and conducting 
     validations to mitigate program risk.''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security to 
     carry out section 70122 of title 49, United States Code, not 
     to exceed--
       (1) $60,000,000 for fiscal year 2007;
       (2) $65,000,000 for fiscal year 2008; and
       (3) $72,000,000 for fiscal year 2009.
       (c) Conforming Amendments.--
       (1) The chapter analysis for chapter 701 of title 46, 
     United States Code, as amended by section--309(b) of this 
     subtitle, is further amended by striking the item relating to 
     section 70122 and inserting the following:

``70122. Customs-Trade Partnership Against Terrorism validation program
``70123. Civil penalty''.
       (2) Section 70117(a) and 70119(a) of title 46, United 
     States Code, as amended by section --309(b)(2) and (3), 
     respectively, of this Act, are each amended by striking 
     ``section 70122,'' and inserting ``section 70123,''.

     SEC. _315. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.

       Section 70101(6) is amended by inserting after ``area.'' 
     the following: ``In this paragraph, the term `economic 
     disruption' does not include a work stoppage or other 
     nonviolent employee-related action resulting from an 
     employee-employer dispute.''.

     SEC. _316. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION 
                   SECURITY CARD.

       Section 70105(c)(3) of title 46, United States Code, is 
     amended by inserting ``or a waiver under paragraph (2)'' 
     after ``card''.

     SEC. _317. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.

       Within 120 days after the date of enactment of this Act, 
     the Secretary of Homeland Security, acting through the 
     Commissioner of Customs and Border Protection, in 
     coordination with the Secretary of State, and their Canadian 
     counterparts, shall develop a plan for the inspection of 
     passengers and vehicles before such passengers board, or such 
     vehicles are loaded onto, a ferry bound for a United States 
     port.

                                 ______
                                 
  SA 3383. Mr. GRASSLEY 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 .  . JUDICIAL REVIEW OF VISA REVOCATION.

       (a) In General.--Section 221(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(i)) is amended by amending the 
     last sentence to read as follows: `Notwithstanding any other 
     provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision, and sections 1361 and 1651 of such 
     title, a revocation under this subsection may not be reviewed 
     by any court, and no court shall have jurisdiction to hear 
     any claim arising from, or any challenge to, such a 
     revocation.'.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to visa revocations effected before, on, or 
     after such date.
                                 ______
                                 
  SA 3384. Mr. GRASSLEY (for himself, Mr. Chambliss, Mr. Harkin, and 
Mr. Reid) 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.   . ADDRESSING POVERTY IN MEXICO.

       (a) Findings.--
       Whereas there is a strong correlation between economic 
     freedom and economic prosperity;
       Whereas trade policy, fiscal burden of government, 
     government intervention in the economy, monetary policy, 
     capital flows and foreign investment, banking and finance, 
     wages and prices, property rights, regulation, and informal 
     market activity are key factors in economic freedom;
       Whereas poverty in Mexico, including rural poverty, can be 
     mitigated through strengthened economic freedom within 
     Mexico;
       Whereas strengthened economic freedom in Mexico can be a 
     major influence in mitigating illegal immigration;
       Whereas advancing economic freedom within Mexico is an 
     important part of any comprehensive plan to understanding the 
     sources of poverty and the path to economic prosperity;
       (b) In General.--The Secretary of State may award a grant 
     to a land grant university in the United States to establish 
     one national program for a broad-based university Mexican 
     rural poverty program.
       (c) Functions.--The national program shall:
       (1) Pair a U.S. land grant university with the lead Mexican 
     public university in each of

[[Page S2975]]

     Mexico's 31 states to provide state-level coordination of 
     rural poverty programs.
       (2) Establish and coordinate relationships and programmatic 
     ties between U.S. universities and Mexican universities to 
     address the issue of Mexican rural poverty.
       (3) Establish and coordinate ties with key leaders in 
     Mexico and the United States to explore how rural poverty 
     drives illegal immigration of Mexicans into the United 
     States; and
       (4) Address immigration and border security concerns 
     through a university-based, bi-national approach for long-
     term institutional change.
       (d) Use of Funds.--
       1. In general.--Grants awarded under this section shall be 
     used--
       (A) for education, training, technical assistance, and all 
     related costs (including personnel and equipment) incurred by 
     the grantee in implementing a program under this Act;
       (B) to establish a program administrative structure in the 
     United States.
       (C) No funds can be used for the activities, 
     responsibilities, or related costs incurred by entities in 
     Mexico.
       (e) Authorization of Funds.--
       1. Such funds as deemed necessary by the Secretary shall by 
     used for the execution of this program.
                                 ______
                                 
  SA 3385. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her 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. ___. RESIDENCY REQUIREMENTS FOR CERTAIN ALIEN SPOUSES.

       Notwithstanding any other provision of law, for purposes of 
     determining eligibility for naturalization under section 319 
     of the Immigration and Nationality Act with respect to an 
     alien spouse who is married to a citizen spouse who was 
     stationed abroad on orders from the United States Government 
     for a period of not less than 1 year and reassigned to the 
     United States thereafter, the following rules shall apply:
       (1) The citizen spouse shall be treated as regularly 
     scheduled abroad without regard to whether the citizen spouse 
     is reassigned to duty in the United States.
       (2) Any period of time during which the alien spouse is 
     living abroad with his or her citizen spouse shall be treated 
     as residency within the United States for purposes of meeting 
     the residency requirements under section 319 of the 
     Immigration and Nationality Act, even if the citizen spouse 
     is reassigned to duty in the United States at the time the 
     alien spouse files an application for naturalization.
                                 ______
                                 
  SA 3386. Mr. KYL 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:

       On page 6, beginning on line 9, strike all through page 
     294, line 4, and insert the following:

                      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--
       (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

[[Page S2976]]

     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 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.

[[Page S2977]]

       (3) Visa policy coordination and immigration security.--The 
     progress made by Canada, Mexico, and the United States to 
     enhance the security of North America by cooperating on visa 
     policy and identifying best practices regarding immigration 
     security, including the progress made--
       (A) in enhancing consultation among officials who issue 
     visas at the consulates or embassies of Canada, Mexico, or 
     the United States throughout the world to share information, 
     trends, and best practices on visa flows;
       (B) in comparing the procedures and policies of Canada and 
     the United States related to visitor visa processing, 
     including--
       (i) application process;
       (ii) interview policy;
       (iii) general screening procedures;
       (iv) visa validity;
       (v) quality control measures; and
       (vi) access to appeal or review;
       (C) in exploring methods for Canada, Mexico, and the United 
     States to waive visa requirements for nationals and citizens 
     of the same foreign countries;
       (D) in providing technical assistance for the development 
     and maintenance of a national database built upon identified 
     best practices for biometrics associated with immigration 
     violators;
       (E) in developing and implementing an immigration security 
     strategy for North America that works toward the development 
     of a common security perimeter by enhancing technical 
     assistance for programs and systems to support advance 
     automated reporting and risk targeting of international 
     passengers;
       (F) in sharing information on lost and stolen passports on 
     a real-time basis among immigration or law enforcement 
     officials of Canada, Mexico, and the United States; and
       (G) in collecting 10 fingerprints from each individual who 
     applies for a visa.
       (4) North american visitor overstay program.--The progress 
     made by Canada and the United States in implementing parallel 
     entry-exit tracking systems that, while respecting the 
     privacy laws of both countries, share information regarding 
     third country nationals who have overstayed their period of 
     authorized admission in either Canada or the United States.
       (5) Terrorist watch lists.--The progress made in enhancing 
     the capacity of the United States to combat terrorism through 
     the coordination of counterterrorism efforts, including the 
     progress made--
       (A) in developing and implementing bilateral agreements 
     between Canada and the United States and between Mexico and 
     the United States to govern the sharing of terrorist watch 
     list data and to comprehensively enumerate the uses of such 
     data by the governments of each country;
       (B) in establishing appropriate linkages among Canada, 
     Mexico, and the United States Terrorist Screening Center; and
       (C) in exploring with foreign governments the establishment 
     of a multilateral watch list mechanism that would facilitate 
     direct coordination between the country that identifies an 
     individual as an individual included on a watch list, and the 
     country that owns such list, including procedures that 
     satisfy the security concerns and are consistent with the 
     privacy and other laws of each participating country.
       (6) Money laundering, currency smuggling, and alien 
     smuggling.--The progress made in improving information 
     sharing and law enforcement cooperation in combating 
     organized crime, including the progress made--
       (A) in combating currency smuggling, money laundering, 
     alien smuggling, and trafficking in alcohol, firearms, and 
     explosives;
       (B) in implementing the agreement between Canada and the 
     United States known as the Firearms Trafficking Action Plan;
       (C) in determining the feasibility of formulating a 
     firearms trafficking action plan between Mexico and the 
     United States;
       (D) in developing a joint threat assessment on organized 
     crime between Canada and the United States;
       (E) in determining the feasibility of formulating a joint 
     threat assessment on organized crime between Mexico and the 
     United States;
       (F) in developing mechanisms to exchange information on 
     findings, seizures, and capture of individuals transporting 
     undeclared currency; and
       (G) in developing and implementing a plan to combat the 
     transnational threat of illegal drug trafficking.
       (7) Law enforcement cooperation.--The progress made in 
     enhancing law enforcement cooperation among Canada, Mexico, 
     and the United States through enhanced technical assistance 
     for the development and maintenance of a national database 
     built upon identified best practices for biometrics 
     associated with known and suspected criminals or terrorists, 
     including exploring the formation of law enforcement teams 
     that include personnel from the United States and Mexico, and 
     appropriate procedures for such teams.

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

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

     SEC. 115. COMBATING HUMAN SMUGGLING.

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

             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

[[Page S2978]]

       (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
       (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--

[[Page S2979]]

       (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 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.

[[Page S2980]]

       ``(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:

     ``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

[[Page S2981]]

     orders a stay of removal of an alien who is subject to an 
     administrative final order of removal, the Secretary, in the 
     exercise of discretion, may detain the alien during the 
     pendency of such stay of removal.'';
       (E) in paragraph (3), by amending subparagraph (D) to read 
     as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities, or to perform affirmative acts, that 
     the Secretary prescribes for the alien--
       ``(i) to prevent the alien from absconding;
       ``(ii) for the protection of the community; or
       ``(iii) for other purposes related to the enforcement of 
     the immigration laws.'';
       (F) in paragraph (6), by striking ``removal period and, if 
     released,'' and inserting ``removal period, in the discretion 
     of the Secretary, without any limitations other than those 
     specified in this section, until the alien is removed. If an 
     alien is released, the alien'';
       (G) by redesignating paragraph (7) as paragraph (10); and
       (H) by inserting after paragraph (6) the following:
       ``(7) Parole.--If an alien detained pursuant to paragraph 
     (6) is an applicant for admission, the Secretary of Homeland 
     Security, in the Secretary's discretion, may parole the alien 
     under section 212(d)(5) and may provide, notwithstanding 
     section 212(d)(5), that the alien shall not be returned to 
     custody unless either the alien violates the conditions of 
     the alien's parole or the alien's removal becomes reasonably 
     foreseeable, provided that in no circumstance shall such 
     alien be considered admitted.
       ``(8) Additional rules for detention or release of 
     aliens.--The following procedures shall apply to an alien 
     detained under this section:
       ``(A) Detention review process for aliens who have effected 
     an entry and fully cooperate with removal.--The Secretary of 
     Homeland Security shall establish an administrative review 
     process to determine whether an alien described in 
     subparagraph (B) should be detained or released after the 
     removal period in accordance with this paragraph.
       ``(B) Alien described.--An alien is described in this 
     subparagraph if the alien--
       ``(i) has effected an entry into the United States;
       ``(ii) has made all reasonable efforts to comply with the 
     alien's removal order;
       ``(iii) has cooperated fully with the Secretary's efforts 
     to establish the alien's identity and to carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary for the alien's 
     departure; and
       ``(iv) has not conspired or acted to prevent removal.
       ``(C) Evidence.--In making a determination under 
     subparagraph (A), the Secretary--
       ``(i) shall consider any evidence submitted by the alien;
       ``(ii) may consider any other evidence, including--

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

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

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

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

       ``(V) that--

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

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

       ``(II) the Secretary makes a certification as specified in 
     subparagraph (E), or the renewal of a certification specified 
     in subparagraph (G).
       ``(L) Detention review process for aliens who have not 
     effected an entry.--Except as otherwise provided in this 
     subparagraph, the Secretary shall follow the guidelines 
     established in section 241.4 of title 8, Code of Federal 
     Regulations, when detaining aliens who have not effected an 
     entry. The Secretary may decide to apply the review process 
     outlined in this paragraph.
       ``(9) Judicial review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to paragraph (6), (7), or (8) shall be available 
     exclusively in a habeas corpus proceeding 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.

[[Page S2982]]

       (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 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,

[[Page S2983]]

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

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

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

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

       ``(a) Criminal Offenses and Penalties.--
       ``(1) Prohibited activities.--Except as provided in 
     paragraph (3), a person shall be punished as provided under 
     paragraph (2), if the person--
       ``(A) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to come to, enter, or cross the border to the United States;
       ``(B) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, at a place other than a designated port 
     of entry or place other than as designated by the Secretary 
     of Homeland Security, knowing or in reckless disregard of the 
     fact that such person is an alien and regardless of whether 
     such alien has official permission or lawful authority to be 
     in the United States;
       ``(C) transports, moves, harbors, conceals, or shields from 
     detection a person outside of the United States knowing or in 
     reckless disregard of the fact that such person is an alien 
     in unlawful transit from 1 country to another or on the high 
     seas, under circumstances in which the alien is seeking to 
     enter the United States without official permission or legal 
     authority;
       ``(D) encourages or induces a person to reside in the 
     United States, knowing or in reckless disregard of the fact 
     that such person is an alien who lacks lawful authority to 
     reside in the United States;
       ``(E) transports or moves a person in the United States, 
     knowing or in reckless disregard of the fact that such person 
     is an alien who lacks lawful authority to enter or be in the 
     United States, if the transportation or movement will further 
     the alien's illegal entry into or illegal presence in the 
     United States;
       ``(F) harbors, conceals, or shields from detection a person 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to be in the United States; or
       ``(G) conspires or attempts to commit any of the acts 
     described in subparagraphs (A) through (F).
       ``(2) Criminal penalties.--A person who violates any 
     provision under paragraph (1)--
       ``(A) except as provided in subparagraphs (C) through (G), 
     if the offense was not committed for commercial advantage, 
     profit, or private financial gain, shall be fined under title 
     18, United States Code, imprisoned for not more than 5 years, 
     or both;
       ``(B) except as provided in subparagraphs (C) through (G), 
     if the offense was committed for commercial advantage, 
     profit, or private financial gain--
       ``(i) if the violation is the offender's first violation 
     under this subparagraph, shall be fined under such title, 
     imprisoned for not more than 20 years, or both; or
       ``(ii) if the violation is the offender's second or 
     subsequent violation of this subparagraph, shall be fined 
     under such title, imprisoned for not less than 3 years or 
     more than 20 years, or both;
       ``(C) if the offense furthered or aided the commission of 
     any other offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, shall be 
     fined under such title, imprisoned for not less than 5 years 
     or more than 20 years, or both;
       ``(D) shall be fined under such title, imprisoned not less 
     than 5 years or more than 20 years, or both, if the offense 
     created a substantial and foreseeable risk of death, a 
     substantial and foreseeable risk of serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code), 
     or inhumane conditions to another person, including--
       ``(i) transporting the person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting the person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting the person in, harboring the person 
     in, or otherwise subjecting the person to crowded or 
     dangerous conditions;
       ``(E) if the offense caused serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code) 
     to any person, shall be fined under such title, imprisoned 
     for not less than 7 years or more than 30 years, or both;
       ``(F) shall be fined under such title and imprisoned for 
     not less than 10 years or more than 30 years if the offense 
     involved an alien who the offender knew or had reason to 
     believe was--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in terrorist activity;
       ``(G) if the offense caused or resulted in the death of any 
     person, shall be punished by death or imprisoned for a term 
     of years not less than 10 years and up to life, and fined 
     under title 18, United States Code.
       ``(3) Limitation.--It is not a violation of subparagraph 
     (D), (E), or (F) of paragraph (1)--
       ``(A) for a religious denomination having a bona fide 
     nonprofit, religious organization in the United States, or 
     the agents or officers of such denomination or organization, 
     to encourage, invite, call, allow, or enable an alien who is 
     present in the United States to perform the vocation of a 
     minister or missionary for the denomination or organization 
     in the United States as a volunteer who is not compensated as 
     an employee, notwithstanding the provision of room, board, 
     travel, medical assistance, and other basic living expenses, 
     provided the minister or missionary has been a member of the 
     denomination for at least 1 year; or
       ``(B) for an individual or organization, not previously 
     convicted of a violation of this section, to provide an alien 
     who is present in the United States with humanitarian 
     assistance, including medical care, housing, counseling, 
     victim services, and food, or to transport the alien to a 
     location where such assistance can be rendered.
       ``(4) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Employment of Unauthorized Aliens.--
       ``(1) Criminal offense and penalties.--Any person who, 
     during any 12-month period, knowingly employs 10 or more 
     individuals with actual knowledge or in reckless disregard of 
     the fact that the individuals are

[[Page S2984]]

     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;
       ``(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.
       ``(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:

[[Page S2985]]

     ``SEC. 276. REENTRY OF REMOVED ALIEN.

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

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

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

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

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``1555. Exception for refugees and asylees.

     ``Sec. 1541. Trafficking in passports

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

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

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

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

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

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

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

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

     ``Sec. 1544. Misuse of a passport

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

[[Page S2986]]

     contained, or in violation of the laws, regulations, or rules 
     governing the issuance and use of the passport;
       ``(3) knowingly secures, possesses, uses, receives, buys, 
     sells, or distributes any passport knowing it to be forged, 
     counterfeited, altered, falsely made, procured by fraud, or 
     produced or issued without lawful authority; or
       ``(4) knowingly violates the terms and conditions of any 
     safe conduct duly obtained and issued under the authority of 
     the United States,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Entry; Fraud.--Any person who knowingly uses any 
     passport, knowing the passport to be forged, counterfeited, 
     altered, falsely made, procured by fraud, produced or issued 
     without lawful authority, or issued or designed for the use 
     of another--
       ``(1) to enter or to attempt to enter the United States; or
       ``(2) to defraud the United States, a State, or a political 
     subdivision of a State,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1545. Schemes to defraud aliens

       ``(a) In General.--Any person who knowingly executes a 
     scheme or artifice, in connection with any matter that is 
     authorized by or arises under Federal immigration laws, or 
     any matter the offender claims or represents is authorized by 
     or arises under Federal immigration laws--
       ``(1) to defraud any person, or
       ``(2) to obtain or receive from any person, by means of 
     false or fraudulent pretenses, representations, promises, 
     money or anything else of value,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Misrepresentation.--Any person who knowingly and 
     falsely represents himself to be an attorney in any matter 
     arising under Federal immigration laws shall be fined under 
     this title, imprisoned not more than 15 years, or both.

     ``Sec. 1546. Immigration and visa fraud

       ``(a) In General.--Any person who knowingly--
       ``(1) uses any immigration document issued or designed for 
     the use of another;
       ``(2) forges, counterfeits, alters, or falsely makes any 
     immigration document;
       ``(3) completes, mails, prepares, presents, signs, or 
     submits any immigration document knowing it to contain any 
     materially false statement or representation;
       ``(4) secures, possesses, uses, transfers, receives, buys, 
     sells, or distributes any immigration document knowing it to 
     be forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority;
       ``(5) adopts or uses a false or fictitious name to evade or 
     to attempt to evade the immigration laws; or
       ``(6) transfers or furnishes an immigration document to a 
     person without lawful authority for use if such person is not 
     the person for whom the immigration document was issued or 
     designed,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Multiple Violations.--Any person who, during any 3-
     year period, knowingly--
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more immigration documents;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more immigration documents;
       ``(3) secures, possesses, uses, buys, sells, or distributes 
     10 or more immigration documents, knowing the immigration 
     documents to be forged, counterfeited, altered, stolen, 
     falsely made, procured by fraud, or produced or issued 
     without lawful authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more immigration documents knowing the 
     documents to contain any materially false statement or 
     representation,

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

     ``Sec. 1547. Marriage fraud

       ``(a) Evasion or Misrepresentation.--Any person who--
       ``(1) knowingly enters into a marriage for the purpose of 
     evading any provision of the immigration laws; or
       ``(2) knowingly misrepresents the existence or 
     circumstances of a marriage--
       ``(A) in an application or document authorized by the 
     immigration laws; or
       ``(B) during any immigration proceeding conducted by an 
     administrative adjudicator (including an immigration officer 
     or examiner, a consular officer, an immigration judge, or a 
     member of the Board of Immigration Appeals),

     shall be fined under this title, imprisoned not more than 10 
     years, or both.
       ``(b) Multiple Marriages.--Any person who--
       ``(1) knowingly enters into 2 or more marriages for the 
     purpose of evading any immigration law; or
       ``(2) knowingly arranges, supports, or facilitates 2 or 
     more marriages designed or intended to evade any immigration 
     law,
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(c) Commercial Enterprise.--Any person who knowingly 
     establishes a commercial enterprise for the purpose of 
     evading any provision of the immigration laws shall be fined 
     under this title, imprisoned for not more than 10 years, or 
     both.
       ``(d) Duration of Offense.--
       ``(1) In general.--An offense under subsection (a) or (b) 
     continues until the fraudulent nature of the marriage or 
     marriages is discovered by an immigration officer.
       ``(2) Commercial enterprise.--An offense under subsection 
     (c) continues until the fraudulent nature of commercial 
     enterprise is discovered by an immigration officer or other 
     law enforcement officer.

     ``Sec. 1548. Attempts and conspiracies

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

     ``Sec. 1549. Alternative penalties for certain offenses

       ``(a) Terrorism.--Any person who violates any section of 
     this chapter--
       ``(1) knowing that such violation will facilitate an act of 
     international terrorism or domestic terrorism (as those terms 
     are defined in section 2331); or
       ``(2) with the intent to facilitate an act of international 
     terrorism or domestic terrorism,

     shall be fined under this title, imprisoned not more than 25 
     years, or both.
       ``(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

[[Page S2987]]

     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 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;

[[Page S2988]]

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

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

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

[[Page S2989]]

     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:

     ``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.

[[Page S2990]]

       (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).''.
       (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

[[Page S2991]]

     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 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

[[Page S2992]]

     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 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

[[Page S2993]]

     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--
       ``(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

[[Page S2994]]

     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 
     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

[[Page S2995]]

     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, 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

[[Page S2996]]

     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) 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

[[Page S2997]]

     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--REQUIREMENTS FOR PARTICIPATING COUNTRIES

     SEC. 401. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

       (a) In General.--An alien is not eligible for status as a 
     nonimmigrant under section 101(a)(15)(W) of the Immigration 
     and Nationality Act, as added by section 501 of this Act, or 
     deferred mandatory departure status under section 218B of the 
     Immigration and Nationality Act, as added by section 601 of 
     this Act, unless the home country of the alien has entered 
     into a bilateral agreement with the United States that 
     conforms to the requirements under subsection (b).
       (b) Requirements of Bilateral Agreements.--Each agreement 
     under subsection (a) shall require the home country to--
       (1) accept, within 3 days, the return of nationals who are 
     ordered removed from the United States;
       (2) cooperate with the United States Government in--
       (A) identifying, tracking, and reducing gang membership, 
     violence, and human trafficking and smuggling; and
       (B) controlling 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;
       (4) take steps to educate nationals of the home country 
     regarding the program under title V or VI to ensure that such 
     nationals are not exploited; and
       (5) provide a minimum level of health coverage to its 
     participants.
       (c) Rulemaking.--
       (1) In general.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall, by regulation, define the minimum level of 
     health coverage to be provided by participating countries.
       (2) Responsibility to obtain coverage.--If the health 
     coverage provided by the home country falls below the minimum 
     level defined pursuant to paragraph (1), the employer of the 
     alien shall provide or the alien shall obtain coverage that 
     meets such minimum level.
       (d) Housing.--Participating countries shall agree to 
     evaluate means to provide housing incentives in the alien's 
     home country for returning workers.

             TITLE V--NONIMMIGRANT TEMPORARY WORKER PROGRAM

     SEC. 501. NONIMMIGRANT TEMPORARY WORKER CATEGORY.

       (a) New Temporary Worker Category.--Section 101(a)(15) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is 
     amended by adding at the end the following:
       ``(W) an alien having a residence in a foreign country 
     which the alien has no intention of abandoning who is coming 
     temporarily to the United States to perform temporary labor 
     or service, other than that which would qualify an alien for 
     status under sections 101(a)(15)(H)(i), 101(a)(15)(H)(ii)(a), 
     101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), and who meets 
     the requirements of section 218A; or''.
       (b) Repeal of H-2b Category.--Section 101(a)(15)(H)(ii) is 
     amended by striking ``, or (b) having a residence in a 
     foreign country which he has no intention of abandoning who 
     is coming temporarily to the United States to perform other 
     temporary service or labor if unemployed persons capable of 
     performing such service or labor cannot be found in this 
     country, but this clause shall not apply to graduates of 
     medical schools coming to the United States to perform 
     services as members of the medical profession''.
       (c) Technical Amendments.--Section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is 
     amended--
       (1) in subparagraph (U)(iii), by striking ``or'' at the 
     end; and
       (2) in subparagraph (V)(ii)(II), by striking the period at 
     the end and inserting a semicolon and ``or''.

     SEC. 502. TEMPORARY WORKER PROGRAM.

       (a) In General.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended by inserting after section 
     218 the following new section:

     ``SEC. 218A. TEMPORARY WORKER PROGRAM.

       ``(a) In General.--The Secretary of State may grant a 
     temporary visa to a nonimmigrant described in section 
     101(a)(15)(W) who demonstrates an intent to perform labor or 
     services in the United States (other than those occupational 
     classifications covered under the provisions of 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.--In order to be eligible 
     for nonimmigrant status under section 101(a)(15)(H)(W), an 
     alien shall meet 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)(W).

[[Page S2998]]

       ``(2) Evidence of employment.--The alien must establish 
     that he has a job offer from an employer authorized to hire 
     aliens under the Alien Employment Management Program.
       ``(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 Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of being admitted as a 
     nonimmigrant under section 101(a)(15)(W).
       ``(B) Content.--In addition to any other information that 
     the Secretary determines is required to determine an alien's 
     eligibility for admission as a nonimmigrant under section 
     101(a)(15)(W), the Secretary shall require an alien to 
     provide information concerning the alien's physical and 
     mental health, criminal history and gang membership, 
     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 may 
     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 admission as a nonimmigrant under 
     section 101(a)(15)(W), the alien agrees to waive any right--
       ``(i) to administrative or judicial review or appeal of an 
     immigration officer's determination as to the alien's 
     admissibility; or
       ``(ii) to contest any removal action, other than on the 
     basis of an application for asylum 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, if such removal action is initiated after the 
     termination of the alien's period of authorized admission as 
     a nonimmigrant under section 101(a)(15)(W).
       ``(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) Grounds of Inadmissibility.--
       ``(1) In general.--In determining an alien's admissibility 
     as a nonimmigrant under section 101(a)(15)(W)--
       ``(A) paragraphs (5), (6)(A), (7), and (9)(B) or (C) of 
     section 212(a) may be waived for conduct that occurred on a 
     date prior to the effective date of this Act; and
       ``(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) subparagraphs (A), (C) or (D) of section 212(a)(10) 
     (relating to polygamists, child abductors and illegal 
     voters);
       ``(C) for conduct that occurred prior to the date this Act 
     was introduced in Congress, 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 
     to waive the provisions of section 212(a).
       ``(2) Waiver fee.--An alien who is granted a waiver under 
     subparagraph (1) shall pay a $500 fee upon approval of the 
     alien's visa application.
       ``(3) Renewal of authorized admission and subsequent 
     admissions.--An alien seeking renewal of authorized admission 
     or subsequent admission as a nonimmigrant under section 
     101(a)(15)(W) shall establish that the alien is not 
     inadmissible under section 212(a).
       ``(d) Background Checks and Interview.--The Secretary of 
     Homeland Security shall not admit, and the Secretary of State 
     shall not issue a visa to, an alien seeking admission under 
     section 101(a)(15)(W) until all appropriate background checks 
     have been completed. The Secretary of State shall ensure that 
     an employee of the Department of State conducts a personal 
     interview of an applicant for a visa under section 
     101(a)(15)(W).
       ``(e) Ineligible to Change Nonimmigrant Classification.--An 
     alien admitted under section 101(a)(15)(W) is ineligible to 
     change status under section 248.
       ``(f) Duration.--
       ``(1) General.--The period of authorized admission as a 
     nonimmigrant under 101(a)(15)(W) shall be 2 years, and may 
     not be extended. An alien is ineligible to reenter as an 
     alien under 101(a)(15)(W) until the alien has resided 
     continuously in the alien's home country for a period of 1 
     year. The total period of admission as a nonimmigrant under 
     section 101(a)(15)(W) may not exceed 6 years.
       ``(2) Seasonal workers.--An alien who spends less than 6 
     months a year as a nonimmigrant described in section 
     101(a)(15)(W) is not subject to the time limitations under 
     subparagraph (1).
       ``(3) Commuters.--An alien who resides outside the United 
     States, but who commutes to the United States to work as a 
     nonimmigrant described in section 101(a)(15)(W), is not 
     subject to the time limitations under paragraph (1).
       ``(4) Deferred mandatory departure.--An alien granted 
     Deferred Mandatory Departure status, who remains in the 
     United States under such status for--
       ``(A) a period of 2 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 5 years;
       ``(B) a period of 3 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 4 years;
       ``(C) a period of 4 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 3 years; or
       ``(D) a period of 5 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 2 years.
       ``(g) Intent to Return Home.--In addition to other 
     requirements in this section, an alien is not eligible for 
     nonimmigrant status under section 101(a)(15)(W) unless the 
     alien--
       ``(1) maintains a residence in a foreign country which the 
     alien has no intention of abandoning; and
       ``(2) is present in such foreign country for at least 7 
     consecutive days during each year that the alien is a 
     temporary worker.
       ``(h) Biometric Documentation.--Evidence of status under 
     section 101(a)(15)(W) shall be machine-readable, tamper-
     resistant, and allow for biometric authentication. 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.
       ``(i) Penalty for Failure to Depart.--An alien who fails to 
     depart the United States prior to 10 days after the date that 
     the alien's authorized period of admission as a temporary 
     worker ends is not eligible and may not apply for or receive 
     any immigration relief or benefit under this Act or any other 
     law, 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.
       ``(j) Penalty for Illegal Entry or Overstay.--An alien who, 
     after the effective date of enactment of the Comprehensive 
     Enforcement and Immigration Reform Act of 2005, enters the 
     United States without inspection, or violates a term or 
     condition of admission into the United States as a 
     nonimmigrant, including overstaying the period of authorized 
     admission, shall be ineligible for nonimmigrant status under 
     section 101(a)(15)(W) or Deferred Mandatory Departure status 
     under section 218B for a period of 10 years.
       ``(k) Establishment of Temporary Worker Task Force.--
       ``(1) In general.--There is established a task force to be 
     known as the Temporary Worker Task Force (referred to in this 
     section as the `Task Force').
       ``(2) Purposes.--The purposes of the Task Force are--
       ``(A) to study the impact of the admission of aliens under 
     section 101(a)(15)(W) on the wages, working conditions, and 
     employment of United States workers; and
       ``(B) 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)(W).
       ``(3) Membership.--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.
       ``(4) Qualifications.--
       ``(A) In general.--Members of the Task Force shall be--
       ``(i) individuals with expertise in economics, demography, 
     labor, business, or immigration or other pertinent 
     qualifications or experience; and
       ``(ii) representative of a broad cross-section of 
     perspectives within the United States, including the public 
     and private sectors and academia.

[[Page S2999]]

       ``(B) Political affiliation.--Not more than 5 members of 
     the Task Force may be members of the same political party.
       ``(C) 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.
       ``(5) Deadline for appointment.--All members of the Task 
     Force shall be appointed not later than 6 months after the 
     date of enactment of the Comprehensive Enforcement and 
     Immigration Reform Act of 2005.
       ``(6) 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.
       ``(7) Meetings.--
       ``(A) Initial meeting.--The Task Force shall meet and begin 
     the operations of the Task Force as soon as practicable.
       ``(B) Subsequent meetings.--After its initial meeting, the 
     Task Force shall meet upon the call of the chairman or a 
     majority of its members.
       ``(8) Quorum.--Six members of the Task Force shall 
     constitute a quorum.
       ``(9) Report.--Not later than 18 months after the date of 
     enactment of the Comprehensive Enforcement and Immigration 
     Reform Act of 2005, the Task Force shall submit to Congress, 
     the Secretary of Labor, and the Secretary of Homeland 
     Security a report that contains--
       ``(A) findings with respect to the duties of the Task 
     Force;
       ``(B) recommendations for imposing a numerical limit.
       ``(10) Determination.--Not later than 6 months after the 
     submission of the report, the Secretary of Labor may impose a 
     numerical limitation on the number of aliens that may be 
     admitted under section 101(a)(15)(W). Any numerical limit 
     shall not become effective until 6 months after the Secretary 
     of Labor submits a report to Congress regarding the 
     imposition of a numerical limit.
       ``(l) Family Members.--
       ``(1) Family members of w nonimmigrants.--
       ``(A) In general.--The spouse or child of an alien admitted 
     as a nonimmigrant under section 101(a)(15)(W) may be admitted 
     to the United States--
       ``(i) as a nonimmigrant under section 101(a)(15)(B) for a 
     period of not more than 30 days, which may not be extended 
     unless the Secretary of Homeland Security, in his sole and 
     unreviewable discretion, determines that exceptional 
     circumstances exist; or
       ``(ii) under any other provision of this Act, if such 
     family member is otherwise eligible for such admission.
       ``(B) Application fee.--
       ``(i) In general.--The spouse or child of an alien admitted 
     as a nonimmigrant under section 101(a)(15)(W) who is seeking 
     to be admitted as a nonimmigrant under section 101(a)(15)(B) 
     shall submit, in addition to any other fee authorized by law, 
     an additional fee of $100.
       ``(ii) Use of fee.--The fees collected under clause (i) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove 
     illegal aliens.
       ``(m) Travel Outside the United States.--
       ``(1) In general.--Under regulations established by the 
     Secretary of Homeland Security, a nonimmigrant alien under 
     section 101(a)(15)(W)--
       ``(A) may travel outside of the United States; and
       ``(B) may be readmitted without having to obtain a new visa 
     if the period of authorized admission has not expired.
       ``(2) Effect on period of authorized admission.--Time spent 
     outside the United States under paragraph (1) shall not 
     extend the period of authorized admission in the United 
     States.
       ``(n) Employment.--
       ``(1) Portability.--An alien may be employed by any United 
     States employer authorized by the Secretary of Homeland 
     Security to hire aliens admitted under section 218C.
       ``(2) Continuous employment.--An alien must be employed 
     while in the United States. An alien who fails to be employed 
     for 30 days is ineligible for hire until the alien departs 
     the United States and reenters as a nonimmigrant under 
     section 101(a)(15)(W). The Secretary of Homeland Security 
     may, in its sole and unreviewable discretion, reauthorize an 
     alien for employment, without requiring the alien's departure 
     from the United States.
       ``(o) Enumeration of Social Security Number.--The Secretary 
     of Homeland Security, in coordination with the Commissioner 
     of Social Security, shall implement a system to allow for the 
     enumeration of a Social Security number and production of a 
     Social Security card at time of admission of an alien under 
     section 101(a)(15)(W).
       ``(p) Denial of Discretionary Relief.--The determination of 
     whether an alien is eligible for a grant of nonimmigrant 
     status under section 101(a)(15)(W) 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 1158(a).
       ``(q) Judicial Review.--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to--
       ``(i) an order or notice denying an alien a grant of 
     nonimmigrant status under section 101(a)(15)(W) or any other 
     benefit arising from such status; or
       ``(ii) an order of removal, exclusion, or deportation 
     entered against an alien if such order is entered after the 
     termination of the alien's period of authorized admission as 
     a nonimmigrant under section 101(a)(15)(W); 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 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.''.
       (b) Prohibition on Change in Nonimmigrant Classification.--
     Section 248(1) of the Immigration and Nationality Act (8 
     U.S.C. 1258(1)) is amended by striking ``or (S)'' and 
     inserting ``(S), or (W)''.

     SEC. 503. STATUTORY CONSTRUCTION.

       Nothing in this title, or any amendment made by this title, 
     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.

     SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $500,000,000 for 
     facilities, personnel (including consular officers), 
     training, technology and processing necessary to carry out 
     the amendments made by this title.

                      TITLE IX--CIRCULAR MIGRATION

     SEC. 901. INVESTMENT ACCOUNTS.

       (a) In General.--Section 201 of the Social Security Act (42 
     U.S.C. 401) is amended by adding at the end the following:
       ``(o)(1) Notwithstanding any other provision of this 
     section, the Secretary of the Treasury shall transfer at 
     least quarterly from the Federal Old-Age and Survivors 
     Insurance Trust Fund and the Federal Disability Insurance 
     Trust Fund 100 percent of the temporary worker taxes to the 
     Temporary Worker Investment Fund for deposit in a temporary 
     worker investment account for each temporary worker as 
     specified in section 253.
       ``(2) For purposes of this subsection--
       ``(A) the term `temporary worker taxes' means that portion 
     of the amounts appropriated to the Federal Old-Age and 
     Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund under this section and properly 
     attributable to the wages (as defined in section 3121 of the 
     Internal Revenue Code of 1986) and self-employment income (as 
     defined in section 1402 of such Code) of temporary workers as 
     determined by the Commissioner of Social Security; and
       ``(B) the term `temporary worker' means an alien who is 
     admitted to the United States as a nonimmigrant under section 
     101(a)(15)(W) of the Immigration and Nationality Act.''.
       (b) Temporary Worker Investment Accounts.--Title II of the 
     Social Security Act (42 U.S.C. 401 et seq.) is amended--
       (1) by inserting before section 201 the ``PART A--SOCIAL 
     SECURITY''; and
       (2) by adding at the end the following:

            ``Part II--Temporary Worker Investment Accounts


                             ``DEFINITIONS

       ``Sec. 251. For purposes of this part:
       ``(1) Covered employer.--The term `covered employer' means, 
     for any calendar year, any person on whom an excise tax is 
     imposed under section 3111 of the Internal Revenue Code of 
     1986 with respect to having an individual in the person's 
     employ to whom wages are paid by such person during such 
     calendar year.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Treasury.
       ``(3) Temporary worker.--The term `temporary worker' an 
     alien who is admitted to the United States as a nonimmigrant 
     under section 101(a)(15)(W) of the Immigration and 
     Nationality Act.
       ``(4) Temporary worker investment account.--The term 
     `temporary worker investment account' means an account for a 
     temporary worker which is administered by the Secretary 
     through the Temporary Worker Investment Fund.
       ``(5) Temporary worker investment fund.--The term 
     `Temporary Worker Investment Fund' means the fund established 
     under section 253.

[[Page S3000]]

                 ``TEMPORARY WORKER INVESTMENT ACCOUNTS

       ``Sec. 252. (a) In General.--A temporary worker investment 
     account shall be established by the Secretary in the 
     Temporary Worker Investment Fund for each individual not 
     later than 10 business days after the covered employer of 
     such individual submits a W-4 form (or any successor form) 
     identifying such individual as a temporary worker.
       ``(b) Time Account Takes Effect.--A temporary worker 
     investment account established under subsection (a) shall 
     take effect with respect to the first pay period beginning 
     more than 14 days after the date of such establishment.
       ``(c) Temporary Worker's Property Right in Temporary Worker 
     Investment Account.--The temporary worker investment account 
     established for a temporary worker is the sole property of 
     the worker.


                   ``TEMPORARY WORKER INVESTMENT FUND

       ``Sec. 253. (a) In General.--There is created on the books 
     of the Treasury of the United States a trust fund to be known 
     as the `Temporary Worker Investment Fund' to be administered 
     by the Secretary. Such Fund shall consist of the assets 
     transferred under section 201(o) to each temporary worker 
     investment account established under section 252 and the 
     income earned under subsection (e) and credited to such 
     account.
       ``(b) Notice of Contributions.--The full amount of a 
     temporary worker`s investment account transfers shall be 
     shown on such worker's W-2 tax statement, as provided in 
     section 6051(a)(14) of the Internal Revenue Code of 1986.
       ``(c) Investment Earnings Report.--
       ``(1) In general.--At least annually, the Temporary Worker 
     Investment Fund shall provide to each temporary worker with a 
     temporary worker investment account managed by the Fund a 
     temporary worker investment status report. Such report may be 
     transmitted electronically upon the agreement of the 
     temporary worker under the terms and conditions established 
     by the Secretary.
       ``(2) Contents of report.--The temporary worker investment 
     status report, with respect to a temporary worker investment 
     account, shall provide the following information:
       ``(A) The total amounts transferred under section 201(o) in 
     the last quarter, the last year, and since the account was 
     established.
       ``(B) The amount and rate of income earned under subsection 
     (e) for each period described in subparagraph (A).
       ``(d) Maximum Administrative Fee.--The Temporary Worker 
     Investment Fund shall charge each temporary worker in the 
     Fund a single, uniform annual administrative fee not to 
     exceed 0.3 percent of the value of the assets invested in the 
     worker's account.
       ``(e) Investment Duties of Secretary.--The Secretary shall 
     establish policies for the investment and management of 
     temporary worker investment accounts, including policies that 
     shall provide for prudent Federal Government investment 
     instruments suitable for accumulating funds.


          ``TEMPORARY WORKER INVESTMENT ACCOUNT DISTRIBUTIONS

       ``Sec. 254. (a) Date of Distribution.--Except as provided 
     in subsections (b) and (c), a distribution of the balance in 
     a temporary worker investment account may only be made on or 
     after the date such worker departs the United States and 
     abandons such worker's nonimmigrant status under section 
     101(a)(15)(W) of the Immigration and Nationality Act and 
     returns to the worker's home country.
       ``(b) Distribution in the Event of Death.--If the temporary 
     worker dies before the date determined under subsection (a), 
     the balance in the worker`s account shall be distributed to 
     the worker's estate under rules established by the 
     Secretary.''.
       (c) Temporary Worker Investment Account Transfers Shown on 
     W-2s.--
       (1) In general.--Section 6051(a) of the Internal Revenue 
     Code of 1986 (relating to receipts for employees) is 
     amended--
       (A) by striking ``and'' at the end of paragraph (12);
       (B) by striking the period at the end of paragraph (13) and 
     inserting ``; and''; and
       (C) by inserting after paragraph (13) the following:
       ``(14) in the case of a temporary worker (as defined in 
     section 251(1) of the Social Security Act), of the amount 
     shown pursuant to paragraph (6), the total amount transferred 
     to such worker's temporary worker investment account under 
     section 201(o) of such Act.''.
       (2) Conforming amendments.--Section 6051 of the Internal 
     Revenue Code of 1986 is amended--
       (A) in subsection (a)(6), by inserting ``and paid as tax 
     under section 3111'' after ``section 3101''; and
       (B) in subsection (c), by inserting ``and paid as tax under 
     section 3111'' after ``section 3101''.

                       TITLE X--BACKLOG REDUCTION

     SEC. 1001. EMPLOYMENT BASED IMMIGRANTS.

       (a) Employment-Based Immigrant Limit.--Section 201(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1151(d)) is 
     amended to read as follows:
       ``(d) Worldwide Level of Employment-Based Immigrants.--The 
     worldwide level of employment-based immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 140,000;
       ``(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 
     and the number of visa numbers issued under this subsection 
     during those years; and
       ``(B) the number of visas described in subparagraph (A) 
     that were issued after fiscal year 2005; and
       ``(4) the number of visas previously made available under 
     section 203(e).''.
       (b) Diversity Visa Termination.--The allocation of 
     immigrant visas to aliens under section 203(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(c)), and the 
     admission of such aliens to the United States as immigrants, 
     is terminated. This provision shall become effective on 
     October 1st of the fiscal year following enactment of this 
     Act.
       (c) Immigration Task Force.--
       (1) In general.--There is established a task force to be 
     known as the Immigration Task Force (referred to in this 
     section as the ``Task Force'').
       (2) Purposes.--The purposes of the Task Force are--
       (A) to study the impact of the delay between the date on 
     which an application for immigration is submitted and the 
     date on which a determination on such application is made;
       (B) to study the impact of immigration of workers to the 
     United States on family unity; and
       (C) to provide to Congress any recommendations of the Task 
     Force regarding increasing the number immigrant visas issued 
     by the United States for family members and on the basis of 
     employment.
       (3) Membership.--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.
       (4) Qualifications.--
       (A) In general.--Members of the Task Force shall be--
       (i) individuals with expertise in economics, demography, 
     labor, business, or immigration or other pertinent 
     qualifications or experience; and
       (ii) representative of a broad cross-section of 
     perspectives within the United States, including the public 
     and private sectors and academia.
       (B) Political affiliation.--Not more than 5 members of the 
     Task Force may be members of the same political party.
       (C) 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.
       (5) Deadline for appointment.--All members of the Task 
     Force shall be appointed not later than 6 months after the 
     date of enactment of this Act.
       (6) 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.
       (7) Meetings.--
       (A) Initial meeting.--The Task Force shall meet and begin 
     the operations of the Task Force as soon as practicable.
       (B) Subsequent meetings.--After its initial meeting, the 
     Task Force shall meet upon the call of the chairman or a 
     majority of its members.
       (8) Quorum.--Six members of the Task Force shall constitute 
     a quorum.
       (9) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Task Force shall submit to 
     Congress, the Secretary of Labor, and the Secretary of 
     Homeland Security a report that contains--
       (A) findings with respect to the duties of the Task Force; 
     and
       (B) recommendations for modifying the numerical limits on 
     the number immigrant visas issued by the United States for 
     family members of individuals in the United States and on the 
     basis of employment.

     SEC. 1002. COUNTRY LIMITS.

       Section 202(a) of the Immigration and Nationality Act (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. 1003. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Employment-Based 
     Immigrants.--Section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)) is amended--
       (1) in paragraph (1), by striking ``28.6 percent'' and 
     inserting ``10 percent'';
       (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
     inserting ``10 percent'';

[[Page S3001]]

       (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 ``4 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 36 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).
       (b) Conforming Amendments.--
       (1) Definition of special immigrant.--Section 101(a)(27)(M) 
     of the Immigration and Nationality Act (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 (8 U.S.C. 1153 note) is repealed.
                                 ______
                                 
  SA 3387. Mr. LEVIN (for himself, Mr. Kennedy, and Ms. Stabenow) 
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 55, strike lines 5 through 7 and insert the 
     following:
       (a) Denial or Termination of Asylum.--Section 208 (8 U.S.C. 
     1158) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(A)(v), by striking ``or (VI)'' and 
     inserting ``(V), (VI), (VII), or (VIII)''; and
       (B) by adding at the end the following:
       ``(4) Changed country conditions.--An alien seeking asylum 
     based on persecution or a well-founded fear of persecution 
     shall not be denied asylum based on changed country 
     conditions unless fundamental and lasting changes have 
     stabilized the country of the alien's nationality.''; and
       (2) in subsection (c)(2)(A), by striking ``a fundamental 
     change in circumstances'' and inserting ``fundamental and 
     lasting changes that have stabilized the country of the 
     alien's nationality''.
                                 ______
                                 
  SA 3388. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her 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 350, strike lines 21 through 25 and insert the 
     following:
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.
                                 ______
                                 
  SA 3389. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her 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 351, strike lines 10 through 13 and insert the 
     following:
       (A) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days during the 24-
     month period ending on December 31, 2005;
                                 ______
                                 
  SA 3390. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her 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 351, line 17, strike ``and''.
       On page 351, line 21, strike the period at the end and 
     insert ``; and''.
       On page 351, between lines 21 and 22, insert the following:
       (D) has been convicted of any felony or a misdemeanor, an 
     element of which involves bodily injury, threat of serious 
     bodily injury, or harm to property in excess of $500.
       On page 363, strike lines 18 through 20 and insert the 
     following:

       (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.

       On page 366, strike lines 22 through 24 and insert the 
     following:
       (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.
                                 ______
                                 
  SA 3391. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her 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 353, line 2, strike ``or''.
       On page 353, strike line 14 and insert the following:

     or harm to property in excess of $500; or

       (iii) the alien fails to perform the agricultural 
     employment required under subsection (c)(1)(A)(i) unless the 
     alien was unable to work in agricultural employment due to 
     the extraordinary circumstances described in subsection 
     (c)(1)(A)(iii).
                                 ______
                                 
  SA 3392. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her 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:

       Beginning on page 360, strike line 18 and all that follows 
     through page 361, line 9, and insert the following:
       (i) Qualifying employment.--

       (I) In general.--Subject to subclause (II), the alien has 
     performed at least--

       (aa) 5 years of agricultural employment in the United 
     States, for at least 100 work days per year, during the 5-
     year period beginning on the date of enactment of this Act; 
     or
       (bb) 3 years of agricultural employment in the United 
     States, for at least 150 work days per year, during the 3-
     year period beginning on the date of enactment of this Act.

       (II) 4-year period of employment.--An alien shall be 
     considered to qualify under subclause (I) if the alien has 
     performed 4 years of agricultural employment in the United 
     States, for at least 150 work days during 3 of the 4 years 
     and at least 100 work days during the remaining year, during 
     the 4-year period beginning on the date of enactment of this 
     Act.

                                 ______
                                 
  SA 3393. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her 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 381, strike lines 8 through 11 and insert the 
     following:
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary for the startup costs of the program authorized 
     under this section for each of fiscal years 2007 and 2008.
                                 ______
                                 
  SA 3394. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her 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 350, strike lines 21 through 25 and insert the 
     following:
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.
       On page 351, strike lines 10 through 13 and insert the 
     following:
       (A) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days during the 24-
     month period ending on December 31, 2005;
       On page 351, line 17, strike ``and''.
       On page 351, line 21, strike the period at the end and 
     insert ``; and''.
       On page 351, between lines 21 and 22, insert the following:
       (D) has been convicted of any felony or a misdemeanor, an 
     element of which involves bodily injury, threat of serious 
     bodily injury, or harm to property in excess of $500.
       On page 353, line 2, strike ``or''.
       On page 353, strike line 14 and insert the following:

     or harm to property in excess of $500; or

       (iii) the alien fails to perform the agricultural 
     employment required under subsection (c)(1)(A)(i) unless the 
     alien was unable to work in agricultural employment due to 
     the extraordinary circumstances described in subsection 
     (c)(1)(A)(iii).
       Beginning on page 360, strike line 18 and all that follows 
     through page 361, line 9, and insert the following:
       (i) Qualifying employment.--

       (I) In general.--Subject to subclause (II), the alien has 
     performed at least--

       (aa) 5 years of agricultural employment in the United 
     States, for at least 100 work days per year, during the 5-
     year period beginning on the date of enactment of this Act; 
     or
       (bb) 3 years of agricultural employment in the United 
     States, for at least 150 work days per year, during the 3-
     year period beginning on the date of enactment of this Act.

       (II) 4-year period of employment.--An alien shall be 
     considered to qualify under subclause (I) if the alien has 
     performed 4 years of agricultural employment in the United 
     States, for at least 150 work days during 3 of the 4 years 
     and at least 100 work days during the remaining year, during 
     the 4-year period beginning on the date of enactment of this 
     Act.

       On page 363, strike lines 18 through 20 and insert the 
     following:

[[Page S3002]]

       (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.

       On page 366, strike lines 22 through 24 and insert the 
     following:
       (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.
       On page 381, strike lines 8 through 11 and insert the 
     following:
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary for the startup costs of the program authorized 
     under this section for each of fiscal years 2007 and 2008.
                                 ______
                                 
  SA 3395. Ms. CANTWELL submitted an amendment intended to be proposed 
by her 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. ___. RADIATION SOURCE PROTECTION.

       (a) Tracking System.--Section 170H of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2210h) is amended--
       (1) in subsection c.--
       (A) in paragraph (1)(B)--
       (i) by inserting ``and the Secretary of Homeland Security'' 
     after ``Secretary of Transportation'' the first place it 
     appears; and
       (ii) by inserting ``or the Secretary of Homeland Security'' 
     after ``Secretary of Transportation'' the second place it 
     appears; and
       (B) in paragraph (2)(A), by inserting ``and each license 
     holder'' after ``unique identifier''; and
       (2) by adding at the end the following:
       ``h. License Verification for Exports and Imports.--The 
     Commission shall--
       ``(1) assist the Commissioner of the Bureau of Customs and 
     Border Protection of the Department of Homeland Security in 
     verifying the authenticity of any documentation or 
     authorization issued by the Commission associated with the 
     export or import of a radiation source regulated under this 
     section, including allowing the Department of Homeland 
     Security access to the tracking system established under 
     subsection c.;
       ``(2) require any individual transporting radiation sources 
     that are exported from or imported into the United States to 
     possess the applicable and required documentation issued by 
     the Commission; and
       ``(3) issue regulations to ensure that the licenses, 
     permits, certificates, and other documents of the Commission 
     needed to export or import a radiation source includes 
     tamperproof and other security features that prevent 
     counterfeiting.''.
       (b) Customs Revenue Function.--Section 415 of the Homeland 
     Security Act of 2002 (6 U.S.C. 215) is amended by adding at 
     the end the following:
       ``(9) Verifying the authorizations issued by the Nuclear 
     Regulatory Commission to possess and transport radiation 
     sources when individuals pass through United States ports of 
     entry.''.
                                 ______
                                 
  SA 3396. Mr. SESSIONS 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 of title V, insert the following:

     SEC. 509. REQUIREMENTS FOR NATURALIZATION.

       (a) English Language Requirements.--Section 312(a)(1) (8 
     U.S.C. 1423(a)(1)) is amended to read as follows:
       ``(1) an understanding of the English language on an 6th 
     grade level, in accordance with regulations prescribed by the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State; and''.
       (b) Requirement for History and Government Testing.--
     Section 312(a)(2) (8 U.S.C. 1423(a)(2)) is amended by 
     striking the period at the end and inserting ``, as 
     demonstrated by receiving a passing score on a standardized 
     test administered by the Secretary of Homeland Security of 
     not less than 50 randomly selected questions from a database 
     of not less than 1000 questions developed by the 
     Secretary.''.
                                 ______
                                 
  SA 3397. Mr. SESSIONS 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:

       Strike subsection 644(b)(3) and insert:
       (3) English and history and government requirements.--
     Section 312(a) is amended to read as follows:
       ``(a) No person except as otherwise provided in this title 
     shall hereafter be naturalized as a citizen of the United 
     States upon his own application who cannot demonstrate--
       ``(1) an understanding of the English language on an eighth 
     grade level, in accordance with regulations prescribed by the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State; and
       ``(2) a knowledge and understanding of the fundamentals of 
     the history, and of the principles and form of government of 
     the United States, as demonstrated by receiving a passing 
     score on a standardized test administered by the Secretary of 
     the Department of Homeland Security of not less than 50 
     randomly selected questions from a database of not less than 
     1000 questions developed by the Secretary.''.
                                 ______
                                 
  SA 3398. Mr. SESSIONS 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 161, line 16 and 17 strike ``of the criminal 
     provisions''
                                 ______
                                 
  SA 3399. Mr. SESSIONS 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 20, line 18, insert ``(including, at a minimum, 10 
     fingerprints from each individual)'' after ``standards''.
       On page 20, line 21, insert ``(including, at a minimum, 10 
     fingerprints from each individual)'' after ``standards''.
       On page 21, lines 20 and 21, insert ``(including, at a 
     minimum, 10 fingerprints from each individual)'' after 
     ``documents''.
       On page 23, line 12, insert ``(including, at a minimum, 10 
     fingerprints from each individual)'' after ``biometrics''.
       On page 31, line 25, insert ``10'' after ``all''.
       On page 37, line 2, insert ``(including, at a minimum, all 
     10 fingerprints from the individual)'' after ``biometric 
     identifier''.
       On page 38, lines 7 and 8, strike ``is authorized to'' and 
     insert ``shall''.
       On page 38, line 9, insert ``(including, at a minimum, 10 
     fingerprints from each individual)'' after ``data''.
       On page 38, line 16, strike ``are authorized to'' and 
     insert ``shall''.
       On page 38, line 17, insert ``(including, at a minimum, 10 
     fingerprints from each individual)'' after ``data''.
       On page 39, line 4, strike ``is authorized to'' and insert 
     ``shall''.
       On page 39, line 5, insert ``(including, at a minimum, 10 
     fingerprints from each individual)'' after ``data''.
       On page 237, line 24, strike ``allow for biometric 
     authentication'' and insert ``provide for biometric 
     authentication through the matching of the fingerprints of an 
     individual, all 10 of which shall be incorporated into the 
     machine-readable documentary evidence''.
       On page 312, strike lines 19 and 20 and insert the 
     following:
       (i) In general.--Upon entry to the
       On page 312, line 23, strike ``such'' and insert ``all 
     10''.
       On page 313, line 8, insert ``, provided that all 10 of the 
     fingerprints of the alien are submitted'' before the period 
     at the end.
       On page 331, line 13, insert ``all 10'' after ``submits''.
       On page 354, line 11, insert ``all 10'' after 
     ``including''.
                                 ______
                                 
  SA 3400. Mr. SESSIONS 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:

       On page 5, after line 16, add new Sections 3 (3); 3(4); and 
     3(5) that reads:
       (3) Biometric.--The term ``Biometric'' includes the 
     collection of, at a minimum, all 10 fingerprints from an 
     individual, unless the individual is missing one or more of 
     their digits, in which case the term ``biometric'' shall 
     include the collection of, at a minimum, all fingerprints 
     available.
       (4) Biometric Identifier.--The term ``biometric 
     identifier'' includes identifying an individual through the 
     use of, at a minimum, fingerprint biometrics. The term does 
     not include identification through a facial recognition 
     biometric alone.
       (5) Biometric Authentication.--The term ``biometric 
     authentication'' includes, at a minimum, authentication 
     through the use of a fingerprint biometric.
                                 ______
                                 
  SA 3401. Mr. SESSIONS 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. ___. ELIGIBILITY FOR CERTAIN FEDERAL PUBLIC BENEFITS.

       No alien granted conditional nonimmigrant status or status 
     as an H2C nonimmigrant status under this Act or an

[[Page S3003]]

     amendment made by this Act shall be granted any public 
     benefit as a result of the changed status of the alien, 
     including any cash or non-cash assistance, postsecondary 
     educational assistance, housing assistance, daycare 
     assistance, food stamps, Medicaid, or other individual public 
     assistance, whether or not receipt of the public assistance 
     would be sufficient for the person to be considered a public 
     charge under section 212(a)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(4)).
                                 ______
                                 
  SA 3402. Mr. SESSIONS 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:

       On page 355, strike lines 7 through 14, and insert the 
     following:
       ``(2) Delayed eligibility for certain federal public 
     benefits--An alien in status under this Title 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)).''
                                 ______
                                 
  SA 3403. Mr. SESSIONS 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 233, strike lines 16 and 17 and insert the 
     following:
       (A) paragraphs (5) and (7) of section 212(a) may be waived 
     for
                                 ______
                                 
  SA 3404. Mr. SESSIONS 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:

       Beginning on page 337, strike line 20 and all that follows 
     through 338, line 8, and insert the following:
       (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 use the 
     information filed by the applicant under this section for any 
     purpose other than the enforcement and administration of the 
     immigration laws.
                                 ______
                                 
  SA 3405. Mr. SESSIONS 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:

       On page 338, strike lines 19 through 22, and insert the 
     following:
       (3) Criminal penalty.--Any person who knowingly uses, 
     discloses, or allows to be disclosed information in violation 
     of this subsection shall be fined not more than $1,000.
                                 ______
                                 
  SA 3406. Mr. SESSIONS 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:

       Beginning on page 337, strike line 19 and all that follows 
     through 338, line 22, and insert the following:
       (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 use the 
     information filed by the applicant under this section for any 
     purpose other than the enforcement and administration of the 
     immigration laws.
       (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, 
     discloses, or allows to be disclosed information in violation 
     of this subsection shall be fined not more than $1,000.
                                 ______
                                 
  SA 3407. Mr. KENNEDY (for himself and Mr. DeWine) 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 in title V of the amendment, 
     insert the following:

     SEC. 2. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE 
                   HAITIAN AND IMMIGRANT FAIRNESS ACT OF 1998.

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

     SEC 3. INADMISSIBILITY DETERMINATION.

       Section 902 of the Haitian Refugee Immigration Fairness Act 
     of 1998 (8 U.S.C. 1255 note) is amended in subsections 
     (a)(1)(B) and (d)(1)(D) by inserting ``(6)(C)(i),'' after 
     ``(6)(A).''
                                 ______
                                 
  SA 3408. Mr. NELSON of Florida 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:

       On page 10, between lines 21 and 22, insert the following:

     SEC. 103. SURVEILLANCE TECHNOLOGIES PROGRAMS.

       (a) Aerial Surveillance Program.--
       (1) In general.--In conjunction with the border 
     surveillance plan developed under section 5201 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
     later than 90 days after the date of enactment of this Act, 
     shall develop and implement a program to fully integrate and 
     utilize aerial surveillance technologies, including unmanned 
     aerial vehicles, to enhance the security of the international 
     border between the United States and Canada and the 
     international border between the United States and Mexico. 
     The goal of the program shall be to ensure continuous 
     monitoring of each mile of each such border.
       (2) Assessment and consultation requirements.--In 
     developing the program under this subsection, the Secretary 
     shall--
       (A) consider current and proposed aerial surveillance 
     technologies;
       (B) assess the feasibility and advisability of utilizing 
     such technologies to address border threats, including an 
     assessment of the technologies considered best suited to 
     address respective threats;
       (C) consult with the Secretary of Defense regarding any 
     technologies or equipment, which the Secretary may deploy 
     along an international border of the United States; and
       (D) consult with the Administrator of the Federal Aviation 
     Administration regarding safety, airspace coordination and 
     regulation, and any other issues necessary for implementation 
     of the program.
       (3) Additional requirements.--
       (A) In general.--The program developed under this 
     subsection shall include the use of a variety of aerial 
     surveillance technologies in a variety of topographies and 
     areas, including populated and unpopulated areas located on 
     or near an international border of the United States, in 
     order to evaluate, for a range of circumstances--
       (i) the significance of previous experiences with such 
     technologies in border security or critical infrastructure 
     protection;
       (ii) the cost and effectiveness of various technologies for 
     border security, including varying levels of technical 
     complexity; and
       (iii) liability, safety, and privacy concerns relating to 
     the utilization of such technologies for border security.

[[Page S3004]]

       (4) Continued use of aerial surveillance technologies.--The 
     Secretary may continue the operation of aerial surveillance 
     technologies while assessing the effectiveness of the 
     utilization of such technologies.
       (5) Report to congress.--Not later than 180 days after 
     implementing the program under this subsection, the Secretary 
     shall submit a report to Congress regarding the program 
     developed under this subsection. The Secretary shall include 
     in the report a description of the program together with such 
     recommendations as the Secretary finds appropriate for 
     enhancing the program.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (b) Integrated and Automated Surveillance Program.--
       (1) Requirement for program.--Subject to the availability 
     of appropriations, the Secretary shall establish a program to 
     procure additional unmanned aerial vehicles, cameras, poles, 
     sensors, satellites, radar coverage, and other technologies 
     necessary to achieve operational control of the international 
     borders of the United States and to establish a security 
     perimeter known as a ``virtual fence'' along such 
     international borders to provide a barrier to illegal 
     immigration. Such program shall be known as the Integrated 
     and Automated Surveillance Program.
       (2) Program components.--The Secretary shall ensure, to the 
     maximum extent feasible, the Integrated and Automated 
     Surveillance Program is carried out in a manner that--
       (A) the technologies utilized in the Program are integrated 
     and function cohesively in an automated fashion, including 
     the integration of motion sensor alerts and cameras, whereby 
     a sensor alert automatically activates a corresponding camera 
     to pan and tilt in the direction of the triggered sensor;
       (B) cameras utilized in the Program do not have to be 
     manually operated;
       (C) such camera views and positions are not fixed;
       (D) surveillance video taken by such cameras can be viewed 
     at multiple designated communications centers;
       (E) a standard process is used to collect, catalog, and 
     report intrusion and response data collected under the 
     Program;
       (F) future remote surveillance technology investments and 
     upgrades for the Program can be integrated with existing 
     systems;
       (G) performance measures are developed and applied that can 
     evaluate whether the Program is providing desired results and 
     increasing response effectiveness in monitoring and detecting 
     illegal intrusions along the international borders of the 
     United States;
       (H) plans are developed under the Program to streamline 
     site selection, site validation, and environmental assessment 
     processes to minimize delays of installing surveillance 
     technology infrastructure;
       (I) standards are developed under the Program to expand the 
     shared use of existing private and governmental structures to 
     install remote surveillance technology infrastructure where 
     possible; and
       (J) standards are developed under the Program to identify 
     and deploy the use of nonpermanent or mobile surveillance 
     platforms that will increase the Secretary's mobility and 
     ability to identify illegal border intrusions.
       (3) Report to congress.--Not later than 1 year after the 
     initial implementation of the Integrated and Automated 
     Surveillance Program, the Secretary shall submit to Congress 
     a report regarding the Program. The Secretary shall include 
     in the report a description of the Program together with any 
     recommendation that the Secretary finds appropriate for 
     enhancing the program.
       (4) Evaluation of contractors.--
       (A)  Requirement for standards.--The Secretary shall 
     develop appropriate standards to evaluate the performance of 
     any contractor providing goods or services to carry out the 
     Integrated and Automated Surveillance Program.
       (B) Review by the inspector general.--The Inspector General 
     of the Department shall timely review each new contract 
     related to the Program that has a value of more than 
     $5,000,000, to determine whether such contract fully complies 
     with applicable cost requirements, performance objectives, 
     program milestones, and schedules. The Inspector General 
     shall report the findings of such review to the Secretary in 
     a timely manner. Not later than 30 days after the date the 
     Secretary receives a report of findings from the Inspector 
     General, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report of such findings and a description 
     of any the steps that the Secretary has taken or plans to 
     take in response to such findings.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
                                 ______
                                 
  SA 3409. Mr. NELSON of Florida 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:

       On page 9, strike lines 2 through 9.
                                 ______
                                 
  SA 3410. Mr. NELSON of Florida 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:

       Beginning on page 170, strike line 3 and all that follows 
     through page 171, line 17, and insert the following:

     SEC. 233. DETENTION OF ILLEGAL ALIENS.

       (a) Increasing Detention Bed Space.--Section 5204(a) of the 
     Intelligence Reform and Terrorism Protection Act of 2004 
     (Public Law 108-458; 118 Stat. 3734) is amended by striking 
     ``8,000'' and inserting ``20,000''.
       (b) Construction of or Acquisition of Detention 
     Facilities.--
       (1) Requirement to construct or acquire.--The Secretary 
     shall construct or acquire additional detention facilities in 
     the United States to accommodate the detention beds required 
     by section 5204(c) of the Intelligence Reform and Terrorism 
     Protection Act of 2004, as amended by subsection (a).
       (2) Use of alternate detention facilities.--Subject to the 
     availability of appropriations, the Secretary shall fully 
     utilize all possible options to cost effectively increase 
     available detention capacities, and shall utilize detention 
     facilities that are owned and operated by the Federal 
     Government if the use of such facilities is cost effective.
       (3) Use of installations under base closure laws.--In 
     acquiring additional detention facilities under this 
     subsection, the Secretary shall consider the transfer of 
     appropriate portions of military installations approved for 
     closure or realignment under the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) for use in accordance with 
     subsection (a).
       (4) Determination of location.--The location of any 
     detention facility constructed or acquired in accordance with 
     this subsection shall be determined, with the concurrence of 
     the Secretary, by the senior officer responsible for 
     Detention and Removal Operations in the Department. The 
     detention facilities shall be located so as to enable the 
     officers and employees of the Department to increase to the 
     maximum extent practicable the annual rate and level of 
     removals of illegal aliens from the United States.
       (c) Alternatives to Detention to Ensure Compliance With the 
     Law.--The Secretary shall implement demonstration programs in 
     each State located along the international border between the 
     United States and Canada or along the international border 
     between the United States and Mexico, and at select sites in 
     the interior with significant numbers of alien detainees, to 
     study the effectiveness of alternatives to the detention of 
     aliens, including electronic monitoring devices, to ensure 
     that such aliens appear in immigration court proceedings and 
     comply with immigration appointments and removal orders.
       (d) Legal Representation.--No alien shall be detained by 
     the Secretary in a location that limits the alien's 
     reasonable access to visits and telephone calls by local 
     legal counsel and necessary legal materials. Upon active or 
     constructive notice that a detained alien is represented by 
     an attorney, the Secretary shall ensure that the alien is not 
     moved from the alien's detention facility without providing 
     that alien and the alien's attorney reasonable notice in 
     advance of such move.
       (e) Funding to Construct or Acquire Detention Facilities.--
     Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by 
     striking ``may expend'' and inserting ``shall expend''.
       (f) Annual Report to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, in consultation with the heads of other 
     appropriate Federal agencies, the Secretary shall submit to 
     Congress an assessment of the additional detention facilities 
     and bed space needed to detain unlawful aliens apprehended at 
     the United States ports of entry or along the international 
     land borders of the United States.
                                 ______
                                 
  SA 3411. Mr. DORGAN (for himself and Ms. Stabenow) 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:

       In title IV of the amendment, strike subtitle A.
                                 ______
                                 
  SA 3412. Mr. BINGAMAN (for himself and Mr. Domenici) 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. ___. ANNUAL REPORT ON THE NORTH AMERICAN DEVELOPMENT 
                   BANK.

       Section 2 of Public Law 108-215 (22 U.S.C. 290m-6) is 
     amended--

[[Page S3005]]

       (1) in paragraph (1), by inserting after ``The number'' the 
     following: ``of applications received by, pending with, and 
     awaiting final approval from the Board of the North American 
     Development Bank and the number''; and
       (2) by adding at the end the following:
       ``(8) Recommendations on how to improve the operations of 
     the North American Development Bank.
       ``(9) An update on the implementation of this Act, 
     including the business process review undertaken by the North 
     American Development Bank.
       ``(10) A description of the activities and accomplishments 
     of the North American Development Bank during the previous 
     year, including a brief summary of meetings and actions taken 
     by the Board of the North American Development Bank.''.
                                 ______
                                 
  SA 3413. Mr. CORNYN (for himself and Mr. Kyl) 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:

       On page 6, strike line 9 and all that follows through page 
     221, line 18 and insert the following:
                      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--
       (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.

[[Page S3006]]

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

     SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

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

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

       (a) Requirement for Reports.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary of State, in coordination with the 
     Secretary and the heads of other appropriate Federal 
     agencies, shall submit to Congress a report on improving the 
     exchange of information related to the security of North 
     America.
       (b) Contents.--Each report submitted under subsection (a) 
     shall contain a description of the following:
       (1) Security clearances and document integrity.--The 
     progress made toward the development of common enrollment, 
     security, technical, and biometric standards for the 
     issuance, authentication, validation, and repudiation of 
     secure documents, including--
       (A) technical and biometric standards based on best 
     practices and consistent with international standards for the 
     issuance, authentication, validation, and repudiation of 
     travel documents, including--
       (i) passports;
       (ii) visas; and
       (iii) permanent resident cards;
       (B) working with Canada and Mexico to encourage foreign 
     governments to enact laws to combat alien smuggling and 
     trafficking, and laws to forbid the use and manufacture of 
     fraudulent travel documents and to promote information 
     sharing;
       (C) applying the necessary pressures and support to ensure 
     that other countries meet proper travel document standards 
     and are committed to travel document verification before the 
     citizens of such countries travel internationally, including 
     travel by such citizens to the United States; and
       (D) providing technical assistance for the development and 
     maintenance of a national database built upon identified best 
     practices for biometrics associated with visa and travel 
     documents.
       (2) Immigration and visa management.--The progress of 
     efforts to share information regarding high-risk individuals 
     who may attempt to enter Canada, Mexico, or the United 
     States, including the progress made--
       (A) in implementing the Statement of Mutual Understanding 
     on Information Sharing, signed by Canada and the United 
     States in February 2003; and
       (B) in identifying trends related to immigration fraud, 
     including asylum and document fraud, and to analyze such 
     trends.
       (3) Visa policy coordination and immigration security.--The 
     progress made by Canada, Mexico, and the United States to 
     enhance the security of North America by cooperating on visa 
     policy and identifying best practices regarding immigration 
     security, including the progress made--
       (A) in enhancing consultation among officials who issue 
     visas at the consulates or embassies of Canada, Mexico, or 
     the United States throughout the world to share information, 
     trends, and best practices on visa flows;
       (B) in comparing the procedures and policies of Canada and 
     the United States related to visitor visa processing, 
     including--
       (i) application process;
       (ii) interview policy;
       (iii) general screening procedures;
       (iv) visa validity;
       (v) quality control measures; and
       (vi) access to appeal or review;
       (C) in exploring methods for Canada, Mexico, and the United 
     States to waive visa requirements for nationals and citizens 
     of the same foreign countries;
       (D) in providing technical assistance for the development 
     and maintenance of a national database built upon identified 
     best practices for biometrics associated with immigration 
     violators;
       (E) in developing and implementing an immigration security 
     strategy for North America that works toward the development 
     of a common security perimeter by enhancing technical 
     assistance for programs and systems to support advance 
     automated reporting and risk targeting of international 
     passengers;
       (F) in sharing information on lost and stolen passports on 
     a real-time basis among immigration or law enforcement 
     officials of Canada, Mexico, and the United States; and
       (G) in collecting 10 fingerprints from each individual who 
     applies for a visa.

[[Page S3007]]

       (4) North american visitor overstay program.--The progress 
     made by Canada and the United States in implementing parallel 
     entry-exit tracking systems that, while respecting the 
     privacy laws of both countries, share information regarding 
     third country nationals who have overstayed their period of 
     authorized admission in either Canada or the United States.
       (5) Terrorist watch lists.--The progress made in enhancing 
     the capacity of the United States to combat terrorism through 
     the coordination of counterterrorism efforts, including the 
     progress made--
       (A) in developing and implementing bilateral agreements 
     between Canada and the United States and between Mexico and 
     the United States to govern the sharing of terrorist watch 
     list data and to comprehensively enumerate the uses of such 
     data by the governments of each country;
       (B) in establishing appropriate linkages among Canada, 
     Mexico, and the United States Terrorist Screening Center; and
       (C) in exploring with foreign governments the establishment 
     of a multilateral watch list mechanism that would facilitate 
     direct coordination between the country that identifies an 
     individual as an individual included on a watch list, and the 
     country that owns such list, including procedures that 
     satisfy the security concerns and are consistent with the 
     privacy and other laws of each participating country.
       (6) Money laundering, currency smuggling, and alien 
     smuggling.--The progress made in improving information 
     sharing and law enforcement cooperation in combating 
     organized crime, including the progress made--
       (A) in combating currency smuggling, money laundering, 
     alien smuggling, and trafficking in alcohol, firearms, and 
     explosives;
       (B) in implementing the agreement between Canada and the 
     United States known as the Firearms Trafficking Action Plan;
       (C) in determining the feasibility of formulating a 
     firearms trafficking action plan between Mexico and the 
     United States;
       (D) in developing a joint threat assessment on organized 
     crime between Canada and the United States;
       (E) in determining the feasibility of formulating a joint 
     threat assessment on organized crime between Mexico and the 
     United States;
       (F) in developing mechanisms to exchange information on 
     findings, seizures, and capture of individuals transporting 
     undeclared currency; and
       (G) in developing and implementing a plan to combat the 
     transnational threat of illegal drug trafficking.
       (7) Law enforcement cooperation.--The progress made in 
     enhancing law enforcement cooperation among Canada, Mexico, 
     and the United States through enhanced technical assistance 
     for the development and maintenance of a national database 
     built upon identified best practices for biometrics 
     associated with known and suspected criminals or terrorists, 
     including exploring the formation of law enforcement teams 
     that include personnel from the United States and Mexico, and 
     appropriate procedures for such teams.

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

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

     SEC. 115. COMBATING HUMAN SMUGGLING.

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

[[Page S3008]]

     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
       (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

[[Page S3009]]

     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 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.''.

[[Page S3010]]

                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:

     ``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.

[[Page S3011]]

       ``(8) Additional rules for detention or release of 
     aliens.--The following procedures shall apply to an alien 
     detained under this section:
       ``(A) Detention review process for aliens who have effected 
     an entry and fully cooperate with removal.--The Secretary of 
     Homeland Security shall establish an administrative review 
     process to determine whether an alien described in 
     subparagraph (B) should be detained or released after the 
     removal period in accordance with this paragraph.
       ``(B) Alien described.--An alien is described in this 
     subparagraph if the alien--
       ``(i) has effected an entry into the United States;
       ``(ii) has made all reasonable efforts to comply with the 
     alien's removal order;
       ``(iii) has cooperated fully with the Secretary's efforts 
     to establish the alien's identity and to carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary for the alien's 
     departure; and
       ``(iv) has not conspired or acted to prevent removal.
       ``(C) Evidence.--In making a determination under 
     subparagraph (A), the Secretary--
       ``(i) shall consider any evidence submitted by the alien;
       ``(ii) may consider any other evidence, including--

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

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

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

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

       ``(V) that--

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

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

       ``(II) the Secretary makes a certification as specified in 
     subparagraph (E), or the renewal of a certification specified 
     in subparagraph (G).
       ``(L) Detention review process for aliens who have not 
     effected an entry.--Except as otherwise provided in this 
     subparagraph, the Secretary shall follow the guidelines 
     established in section 241.4 of title 8, Code of Federal 
     Regulations, when detaining aliens who have not effected an 
     entry. The Secretary may decide to apply the review process 
     outlined in this paragraph.
       ``(9) Judicial review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to paragraph (6), (7), or (8) shall be available 
     exclusively in a habeas corpus proceeding 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:

[[Page S3012]]

       ``(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 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

[[Page S3013]]

     the Federal Register, or after such time as the Secretary may 
     designate in the Federal Register.'';
       (ii) in subparagraph (C), by striking ``a period of 12 or 
     18 months'' and inserting ``any other period not to exceed 18 
     months'';
       (C) in subsection (c)--
       (i) in paragraph (1)(B), by striking ``The amount of any 
     such fee shall not exceed $50.'';
       (ii) in paragraph (2)(B)--

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

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

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

       ``(a) Criminal Offenses and Penalties.--
       ``(1) Prohibited activities.--Except as provided in 
     paragraph (3), a person shall be punished as provided under 
     paragraph (2), if the person--
       ``(A) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to come to, enter, or cross the border to the United States;
       ``(B) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, at a place other than a designated port 
     of entry or place other than as designated by the Secretary 
     of Homeland Security, knowing or in reckless disregard of the 
     fact that such person is an alien and regardless of whether 
     such alien has official permission or lawful authority to be 
     in the United States;
       ``(C) transports, moves, harbors, conceals, or shields from 
     detection a person outside of the United States knowing or in 
     reckless disregard of the fact that such person is an alien 
     in unlawful transit from 1 country to another or on the high 
     seas, under circumstances in which the alien is seeking to 
     enter the United States without official permission or legal 
     authority;
       ``(D) encourages or induces a person to reside in the 
     United States, knowing or in reckless disregard of the fact 
     that such person is an alien who lacks lawful authority to 
     reside in the United States;
       ``(E) transports or moves a person in the United States, 
     knowing or in reckless disregard of the fact that such person 
     is an alien who lacks lawful authority to enter or be in the 
     United States, if the transportation or movement will further 
     the alien's illegal entry into or illegal presence in the 
     United States;
       ``(F) harbors, conceals, or shields from detection a person 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to be in the United States; or
       ``(G) conspires or attempts to commit any of the acts 
     described in subparagraphs (A) through (F).
       ``(2) Criminal penalties.--A person who violates any 
     provision under paragraph (1)--
       ``(A) except as provided in subparagraphs (C) through (G), 
     if the offense was not committed for commercial advantage, 
     profit, or private financial gain, shall be fined under title 
     18, United States Code, imprisoned for not more than 5 years, 
     or both;
       ``(B) except as provided in subparagraphs (C) through (G), 
     if the offense was committed for commercial advantage, 
     profit, or private financial gain--
       ``(i) if the violation is the offender's first violation 
     under this subparagraph, shall be fined under such title, 
     imprisoned for not more than 20 years, or both; or
       ``(ii) if the violation is the offender's second or 
     subsequent violation of this subparagraph, shall be fined 
     under such title, imprisoned for not less than 3 years or 
     more than 20 years, or both;
       ``(C) if the offense furthered or aided the commission of 
     any other offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, shall be 
     fined under such title, imprisoned for not less than 5 years 
     or more than 20 years, or both;
       ``(D) shall be fined under such title, imprisoned not less 
     than 5 years or more than 20 years, or both, if the offense 
     created a substantial and foreseeable risk of death, a 
     substantial and foreseeable risk of serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code), 
     or inhumane conditions to another person, including--
       ``(i) transporting the person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting the person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting the person in, harboring the person 
     in, or otherwise subjecting the person to crowded or 
     dangerous conditions;
       ``(E) if the offense caused serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code) 
     to any person, shall be fined under such title, imprisoned 
     for not less than 7 years or more than 30 years, or both;
       ``(F) shall be fined under such title and imprisoned for 
     not less than 10 years or more than 30 years if the offense 
     involved an alien who the offender knew or had reason to 
     believe was--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in terrorist activity;
       ``(G) if the offense caused or resulted in the death of any 
     person, shall be punished by death or imprisoned for a term 
     of years not less than 10 years and up to life, and fined 
     under title 18, United States Code.
       ``(3) Limitation.--It is not a violation of subparagraph 
     (D), (E), or (F) of paragraph (1)--
       ``(A) for a religious denomination having a bona fide 
     nonprofit, religious organization in the United States, or 
     the agents or officers of such denomination or organization, 
     to encourage, invite, call, allow, or enable an alien who is 
     present in the United States to perform the vocation of a 
     minister or missionary for the denomination or organization 
     in the United States as a volunteer who is not compensated as 
     an employee, notwithstanding the provision of room, board, 
     travel, medical assistance, and other basic living expenses, 
     provided the minister or missionary has been a member of the 
     denomination for at least 1 year; or
       ``(B) for an individual or organization, not previously 
     convicted of a violation of this section, to provide an alien 
     who is present in the United States with humanitarian 
     assistance, including medical care, housing, counseling, 
     victim services, and food, or to transport the alien to a 
     location where such assistance can be rendered.
       ``(4) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Employment of Unauthorized Aliens.--
       ``(1) Criminal offense and penalties.--Any person who, 
     during any 12-month period, knowingly employs 10 or more 
     individuals with actual knowledge or in reckless disregard of 
     the fact that the individuals are aliens described in 
     paragraph (2), shall be fined under title 18, United States 
     Code, imprisoned for not more than 10 years, or both.
       ``(2) Definition.--An alien described in this paragraph is 
     an alien who--
       ``(A) is an unauthorized alien (as defined in section 
     274A(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

[[Page S3014]]

     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;
       ``(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.
       ``(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 be fined under title 18, United States Code, 
     imprisoned not more than 2 years, or both.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection--
       ``(1) was convicted for 3 or more misdemeanors or a felony 
     before such removal or departure, the alien shall be fined 
     under title 18, United States Code, imprisoned not more than 
     10 years, or both;
       ``(2) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 30 months, the alien shall be 
     fined under such title, imprisoned not more than 15 years, or 
     both;
       ``(3) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 60 months, the alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both;
       ``(4) was convicted for 3 felonies before such removal or 
     departure, the alien shall be

[[Page S3015]]

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

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

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

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

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``1555. Exception for refugees and asylees.

     ``Sec. 1541. Trafficking in passports

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

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

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

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

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

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

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

     ``Sec. 1544. Misuse of a passport

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

[[Page S3016]]

       ``(1) to defraud any person, or
       ``(2) to obtain or receive from any person, by means of 
     false or fraudulent pretenses, representations, promises, 
     money or anything else of value,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Misrepresentation.--Any person who knowingly and 
     falsely represents himself to be an attorney in any matter 
     arising under Federal immigration laws shall be fined under 
     this title, imprisoned not more than 15 years, or both.

     ``Sec. 1546. Immigration and visa fraud

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

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

     ``Sec. 1547. Marriage fraud

       ``(a) Evasion or Misrepresentation.--Any person who--
       ``(1) knowingly enters into a marriage for the purpose of 
     evading any provision of the immigration laws; or
       ``(2) knowingly misrepresents the existence or 
     circumstances of a marriage--
       ``(A) in an application or document authorized by the 
     immigration laws; or
       ``(B) during any immigration proceeding conducted by an 
     administrative adjudicator (including an immigration officer 
     or examiner, a consular officer, an immigration judge, or a 
     member of the Board of Immigration Appeals),

     shall be fined under this title, imprisoned not more than 10 
     years, or both.
       ``(b) Multiple Marriages.--Any person who--
       ``(1) knowingly enters into 2 or more marriages for the 
     purpose of evading any immigration law; or
       ``(2) knowingly arranges, supports, or facilitates 2 or 
     more marriages designed or intended to evade any immigration 
     law,
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(c) Commercial Enterprise.--Any person who knowingly 
     establishes a commercial enterprise for the purpose of 
     evading any provision of the immigration laws shall be fined 
     under this title, imprisoned for not more than 10 years, or 
     both.
       ``(d) Duration of Offense.--
       ``(1) In general.--An offense under subsection (a) or (b) 
     continues until the fraudulent nature of the marriage or 
     marriages is discovered by an immigration officer.
       ``(2) Commercial enterprise.--An offense under subsection 
     (c) continues until the fraudulent nature of commercial 
     enterprise is discovered by an immigration officer or other 
     law enforcement officer.

     ``Sec. 1548. Attempts and conspiracies

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

     ``Sec. 1549. Alternative penalties for certain offenses

       ``(a) Terrorism.--Any person who violates any section of 
     this chapter--
       ``(1) knowing that such violation will facilitate an act of 
     international terrorism or domestic terrorism (as those terms 
     are defined in section 2331); or
       ``(2) with the intent to facilitate an act of international 
     terrorism or domestic terrorism,
     shall be fined under this title, imprisoned not more than 25 
     years, or both.
       ``(b) Offense Against Government.--Any person who violates 
     any section of this chapter--
       ``(1) knowing that such violation will facilitate the 
     commission of any offense against the United States (other 
     than an offense in this chapter) or against any State, which 
     offense is punishable by imprisonment for more than 1 year; 
     or
       ``(2) with the intent to facilitate the commission of any 
     offense against the United States (other than an offense in 
     this chapter) or against any State, which offense is 
     punishable by imprisonment for more than 1 year,

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

     ``Sec. 1550. Seizure and forfeiture

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

     ``Sec. 1551. Additional jurisdiction

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

     ``Sec. 1552. Additional venue

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

     ``Sec. 1553. Definitions

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

[[Page S3017]]

       ``(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 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

[[Page S3018]]

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

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

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

[[Page S3019]]

       ``(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:

     ``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--

[[Page S3020]]

       (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).''.
       (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:

[[Page S3021]]

       ``(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 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

[[Page S3022]]

     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 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

[[Page S3023]]

     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--
       ``(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

[[Page S3024]]

     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 
     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.

[[Page S3025]]

       ``(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, 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.

[[Page S3026]]

       ``(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) 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:

[[Page S3027]]

       ``(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''.
       On page 332, line 9, strike ``6 years'' and insert ``5 
     years''.
       On page 332, line 15, strike ``The'' and all that follows 
     through line 18, and insert the following:
       ``(C) Admission of nonimmigrants.--An alien granted 
     conditional nonimmigrant work authorization and status under 
     this section who departs the United States during the 6-year 
     period described in subparagraph (A) may seek admission as a 
     nonimmigrant under section 101(a)(15) without regard to the 
     numerical limitations under section 214.
       On page 340, strike line 10 and all that follows through 
     the undesignated matter before line 19 on page 345, and 
     insert the following:

     SEC. 602. CANCELLATION OF DEPARTURE AND ADJUSTMENT FOR 
                   HUMANITARIAN CASES.

       (a) In General.--Section 240A (8 U.S.C. 1229b) is amended 
     by adding at the end the following:
       ``(f) Cancellation of Departure for Humanitarian Reasons.--
       ``(1) In general.--The Secretary of Homeland Security, in 
     the Secretary's sole and unreviewable discretion, may adjust 
     the status of an alien to that of an alien lawfully admitted 
     for permanent residence if the alien--
       ``(A) is a conditional nonimmigrant who has not violated 
     any material term or condition of such status;
       ``(B) makes an application for such adjustment of status;
       ``(C) has been physically present in the United States for 
     a continuous period of not less than 10 years immediately 
     preceding the date of such application;
       ``(D) establishes that the alien's departure from the 
     United States upon the expiration of conditional nonimmigrant 
     status would result in significant hardship to the alien's 
     spouse, parent, or child, who is a citizen of the United 
     States or an alien lawfully admitted for permanent residence;
       ``(E) establishes that the alien meets the English 
     language, history, and principles and form of government 
     requirements under section 312; and
       ``(F) establishes that the alien has paid all Federal 
     income taxes owed for employment during the required period 
     of continuous residence.
       ``(2) Application fee.--An alien seeking humanitarian 
     relief shall submit to the Secretary of Homeland Security, in 
     addition to any other fees authorized by law, a supplemental 
     application fee of $1000, which shall be deposited in the 
     Temporary Worker Program Account established under section 
     286(y).''.
       (b) Creation of Border Security and Temporary Worker 
     Account.--Section 286 (8 U.S.C. 1356), as amended by sections 
     302 and 403(b), is further amended by adding at the end the 
     following:
       ``(y) Border Security and Temporary Worker Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a separate account, which shall be known 
     as the `Border Security and Temporary Worker Account'.
       ``(2) Deposits.--Notwithstanding any other provision under 
     this Act, there shall be deposited as offsetting receipts 
     into the Border Security and Temporary Worker Account the 
     supplemental application fee collected under section 240A(f).
       ``(3) Use of funds.--Of the amounts deposited into the 
     Border Security and Temporary Worker Account--
       ``(A) 75 percent shall be used to carry out titles I, II, 
     and III of this Act, and the amendments made by such titles; 
     and
       ``(B) 25 percent shall be used to carry out title VI of 
     this Act, and the amendments made by such title.''.
                                 ______
                                 
  SA 3414. Mr. NELSON of Florida 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:

       On page 171, between lines 17 and 18, insert the following:

     SEC. 234. DETENTION STANDARDS.

       (a) Codification of Detention Operations.--In order to 
     ensure uniformity in the safety and security of all 
     facilities used or contracted by the Secretary to hold alien 
     detainees and to ensure the fair treatment and access to 
     counsel of all alien detainees, not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     issue the provisions of the Detention Operations Manual of 
     the Department, including all amendments made to such Manual 
     since it was issued in 2000, as regulations for the 
     Department. Such regulations shall be subject to the notice 
     and comment requirements of subchapter II of chapter 5 of 
     title 5, United States Code (commonly referred to as the 
     Administrative Procedure Act) and shall apply to all 
     facilities used by the Secretary to hold detainees for more 
     than 72 hours.
       (b) Detention Standards for Nuclear Family Units and 
     Certain Non-Criminal Aliens.--For all facilities used or 
     contracted by the Secretary to hold aliens, the regulations 
     described in subsection (a) shall--
       (1) provide for sight and sound separation of alien 
     detainees without any criminal convictions from criminal 
     inmates and pretrial detainees facing criminal prosecution; 
     and
       (2) establish specific standards for detaining nuclear 
     family units together and for detaining non-criminal 
     applicants for asylum, withholding 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, in civilian facilities cognizant of their 
     special needs.
       (c) Legal Orientation to Ensure Effective Removal 
     Process.--All alien detainees shall receive legal orientation 
     presentations from an independent non-profit agency as 
     implemented by the Executive Office for Immigration Review of 
     the Department of Justice in order to both maximize the 
     efficiency and effectiveness of removal proceedings and to 
     reduce detention costs.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3415. Mr. CHAFEE 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:

[[Page S3028]]

     SEC. ___. DIASPORA RESEARCH NETWORK.

       (a) In General.--There is established a grant program to be 
     known as ``Diaspora Research Network''.
       (b) Purpose.--The purpose of the Diaspora Research Network 
     is to--
       (1) provide policy makers with systematic, comparative, and 
     reliable data and expertise on diasporas;
       (2) support efforts within diaspora communities to address 
     self-identified concerns; and
       (3) provide guidelines on how best to incorporate and 
     account for diasporas in development, humanitarian 
     assistance, and political strategies.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Diaspora Research Network, 
     $30,000,000 for each of the fiscal years 2006, 2007, 2008, 
     2009, and 2010.
                                 ______
                                 
  SA 3416. Mr. CONRAD 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:

       On page 156, strike lines 10 through 12 and insert the 
     following:
       (a) In General.--Any alien with nonimmigrant status under 
     subparagraph (H)(i)(b) or (J) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), who 
     seeks to practice medicine in the United States other than 
     during participation in an accredited medical residency 
     program, shall, during the 3-year period from the date of 
     commencement of such status (or, in the case of an alien who 
     initially practices medicine as part of such medical 
     residency program, from the date of completion of such 
     program), practice medicine in a facility that treats 
     patients who reside in a Health Professional Shortage Area 
     (as designated under section 5 of title 42, Code of Federal 
     Regulations) or a Medically Underserved Area (as designated 
     by the Secretary of Health and Human Services).
       (b) Exemption From Numerical Limitation.--Section 214(g)(5) 
     (8 U.S.C. 1184(g)(5)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(D) practices medicine in a facility that treats patients 
     who reside in a Health Professional Shortage Area or a 
     Medically Underserved Area, in accordance with section 226(a) 
     of the Comprehensive Immigration Reform Act of 2006.''.
       (c) Extension of Waiver Program.--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.''.
                                 ______
                                 
  SA 3417. Mr. CONRAD 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. __. PEACE GARDEN PASS.

       (a) Authorization.--Notwithstanding section 7209(b) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458), the Secretary, in consultation with the 
     Director of the Bureau of Citizenship and Immigration 
     Services, shall develop a travel document (referred to in 
     this section as the ``Peace Garden Pass'') to allow citizens 
     and nationals of the United States to travel to the 
     International Peace Garden.
       (b) Admittance.--The Peace Garden Pass shall be issued to, 
     and shall authorize the admittance of, any person who enters 
     the International Peace Garden from the United States and 
     exits the International Peace Garden into the United States 
     without having been granted entry into Canada.
       (c) Identification.--The Secretary of State, in 
     consultation with the Secretary, shall--
       (1) determine what form of identification (other than a 
     passport, passport card, or similar alternative to a 
     passport) will be required to be presented by individuals 
     applying for the Peace Garden Pass; and
       (2) ensure that cards are only issued to--
       (A) individuals providing the identification required under 
     paragraph (1); or
       (B) individuals under 18 years of age who are accompanied 
     by an individual described in subparagraph (A).
       (d) Limitation.--The Peace Garden Pass shall not grant 
     entry into Canada.
       (e) Duration.--Each Peace Garden Pass shall be valid for a 
     period not to exceed 14 days. The actual period of validity 
     shall be determined by the issuer depending on the individual 
     circumstances of the applicant and shall be clearly indicated 
     on the pass.
       (f) Cost.--The Secretary may not charge a fee for the 
     issuance of a Peace Garden Pass.
                                 ______
                                 
  SA 3418. Mr. HARKIN 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. __. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

       (a) Short Title.--This section may be cited as the 
     ``Initial Entry, Adjustment, and Citizenship Assistance Grant 
     Act of 2006''.
       (b) Purpose.--The purpose of this section is to establish a 
     grant program within the Bureau of Citizenship and 
     Immigration Services that provides funding to community-based 
     organizations, including community-based legal service 
     organizations, as appropriate, to develop and implement 
     programs to assist eligible applicants for the conditional 
     nonimmigrant worker program established under this Act by 
     providing them with the services described in subsection 
     (d)(2).
       (c) Definitions.--In this section:
       (1) Community-based organization.--The term ``community-
     based organization'' means a nonprofit, tax-exempt 
     organization, including a faith-based organization, whose 
     staff has experience and expertise in meeting the legal, 
     social, educational, cultural educational, or cultural needs 
     of immigrants, refugees, persons granted asylum, or persons 
     applying for such statuses.
       (2) IEACA grant.--The term ``IEACA grant'' means an Initial 
     Entry, Adjustment, and Citizenship Assistance Grant 
     authorized under subsection (d).
       (d) Establishment of Initial Entry, Adjustment, and 
     Citizenship Assistance Grant Program.--
       (1) Grants authorized.--The Secretary, working through the 
     Director of the Bureau of Citizenship and Immigration 
     Services, may award IEACA grants to community-based 
     organizations.
       (2) Use of funds.--Grants awarded under this section may be 
     used for the design and implementation of programs to provide 
     the following services:
       (A) Initial application.--Assistance and instruction, 
     including legal assistance, to aliens making initial 
     application for treatment under the program established by 
     section 218D of the Immigration and Nationality Act, as added 
     by section 601. Such assistance may include assisting 
     applicants in--
       (i) screening to assess prospective applicants' potential 
     eligibility or lack of eligibility;
       (ii) filling out applications;
       (iii) gathering proof of identification, employment, 
     residence, and tax payment;
       (iv) gathering proof of relationships of eligible family 
     members;
       (v) applying for any waivers for which applicants and 
     qualifying family members may be eligible; and
       (vi) any other assistance that the Secretary or grantee 
     considers useful to aliens who are interested in filing 
     applications for treatment under such section 218D.
       (B) Adjustment of status.--Assistance and instruction, 
     including legal assistance, to aliens seeking to adjust their 
     status in accordance with section 245 or 245B of the 
     Immigration and Nationality Act.
       (C) Citizenship.--Assistance and instruction to applicants 
     on--
       (i) the rights and responsibilities of United States 
     Citizenship;
       (ii) English as a second language;
       (iii) civics; or
       (iv) applying for United States citizenship.
       (3) Duration and renewal.--
       (A) Duration.--Each grant awarded under this section shall 
     be awarded for a period of not more than 3 years.
       (B) Renewal.--The Secretary may renew any grant awarded 
     under this section in 1-year increments.
       (4) Application for grants.--Each entity desiring an IEACA 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require.
       (5) Eligible organizations.--A community-based organization 
     applying for a grant under this section to provide services 
     described in subparagraph (A), (B), or (C)(iv) of paragraph 
     (2) may not receive such a grant unless the organization is--
       (A) recognized by the Board of Immigration Appeals under 
     section 292.2 of title 8, Code of Federal Regulations; or
       (B) otherwise directed by an attorney.
       (6) Selection of grantees.--Grants awarded under this 
     section shall be awarded on a competitive basis.
       (7) Geographic distribution of grants.--The Secretary shall 
     approve applications under this section in a manner that 
     ensures, to greatest extent practicable, that--
       (A) not less than 50 percent of the funding for grants 
     under this section are awarded to programs located in the 10 
     States with the highest percentage of foreign-born residents; 
     and
       (B) not less than 20 percent of the funding for grants 
     under this section are awarded to programs located in States 
     that are not described in subparagraph (A).
       (8) Ethnic diversity.--The Secretary shall ensure that 
     community-based organizations receiving grants under this 
     section provide services to an ethnically diverse population, 
     to the greatest extent possible.
       (e) Liaison Between USCIS and Grantees.--The Secretary 
     shall establish a liaison between the Bureau of Citizenship 
     and Immigration Services and the community of providers of 
     services under this section to assure quality control, 
     efficiency, and greater client willingness to come forward.
       (f) Reports to Congress.--Not later than 180 days after the 
     date of the enactment of

[[Page S3029]]

     this Act, and each subsequent July 1, the Secretary shall 
     submit a report to Congress that includes information 
     regarding--
       (1) the status of the implementation of this section;
       (2) the grants issued pursuant to this section; and
       (3) the results of those grants.
       (g) Source of Grant Funds.--
       (1) Application fees.--The Secretary may use funds made 
     available under sections 218A(l)(2) and 218D(f)(4)(B) of the 
     Immigration and Nationality Act, as added by this Act, to 
     carry out this section.
       (2) Authorization of appropriations.--
       (A) Amounts authorized.--In addition to the amounts made 
     available under paragraph (1), there are authorized to be 
     appropriated such additional sums as may be necessary for 
     each of the fiscal years 2007 through 2011 to carry out this 
     section.
       (B) Availability.--Any amounts appropriated pursuant to 
     subparagraph (A) shall remain available until expended.
       (h) Distribution of Fees and Fines.--
       (1) H-2c visa fees.--Notwithstanding section 218A(l) of the 
     Immigration and Nationality Act, as added by section 403, 2 
     percent of the fees collected under section 218A of such Act 
     shall be made available for grants under the Initial Entry, 
     Adjustment, and Citizenship Assistance Grant Program 
     established under this section.
       (2) Conditional nonimmigrant visa fees and fines.--
     Notwithstanding section 218D(f)(4) of the Immigration and 
     Nationality Act, as added by section 601, 2 percent of the 
     fees and fines collected under section 218D of such Act shall 
     be made available for grants under the Initial Entry, 
     Adjustment, and Citizenship Assistance Grant Program 
     established under this section.
                                 ______
                                 
  SA 3419. Mr. ENSIGN 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.  . SUFFICIENCY FOR REVENUE FOR ENFORCEMENT.

       Notwithstanding any other provision of law, any fee or 
     penalty required to be paid pursuant to this Act or an 
     amendment made by this Act, shall be deposited in a special 
     account in the Treasury to be available to the Secretary to 
     implement the provisions of this Act without further 
     appropriations and shall remain available until expended.
                                 ______
                                 
  SA 3420. Mr. SESSIONS 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:

       In the bill, strike all after the word ``SECTION'' and 
     insert the following:

     1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

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

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

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

             Subtitle C--Other Border Security Initiatives

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

                     TITLE II--INTERIOR ENFORCEMENT

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

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

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

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

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

               TITLE V--IMMIGRATION LITIGATION REDUCTION

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

                        TITLE VI--MISCELLANEOUS

Sec. 601. Technical and conforming amendments.

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

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

     SEC. 3. DEFINITIONS.

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

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

     SEC. 101. ENFORCEMENT PERSONNEL.

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

[[Page S3030]]

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

     SEC. 102. TECHNOLOGICAL ASSETS.

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

     SEC. 103. INFRASTRUCTURE.

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

     SEC. 104. BORDER PATROL CHECKPOINTS.

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

     SEC. 105. PORTS OF ENTRY.

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

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

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

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

     SEC. 111. SURVEILLANCE PLAN.

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

     SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

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

[[Page S3031]]

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

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

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

[[Page S3032]]

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

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

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

             Subtitle C--Other Border Security Initiatives

     SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

       Not later than September 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)--

[[Page S3033]]

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

     SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

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

     SEC. 129. BORDER STUDY.

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

     SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

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

                     TITLE II--INTERIOR ENFORCEMENT

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

       (a) Asylum.--Section 208(b)(2)(A)(v) (8 U.S.C. 
     1158(b)(2)(A)(v)) is amended by striking ``or (VI)'' and 
     inserting ``(V), (VI), (VII), or (VIII)''.
       (b) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C. 
     1229b(c)(4)) is amended--
       (1) by striking ``inadmissible under'' and inserting 
     ``described in''; and
       (2) by striking ``deportable under'' and inserting 
     ``described in''.
       (c) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C. 
     1229c(b)(1)(C)) is amended by striking ``deportable under 
     section 237(a)(2)(A)(iii) or section 237(a)(4)'' and

[[Page S3034]]

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

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

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

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

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

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

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

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

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

       ``(V) that--

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

[[Page S3035]]

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

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

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

     SEC. 203. AGGRAVATED FELONY.

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

     SEC. 204. TERRORIST BARS.

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

[[Page S3036]]

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

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

       (a) Criminal Street Gangs.--
       (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
     1182(a)(2)) is amended--
       (A) by redesignating subparagraph (F) as subparagraph (J); 
     and
       (B) by inserting after subparagraph (E) the following:
       ``(F) Members of criminal street gangs.--Unless the 
     Secretary of Homeland Security or the Attorney General waives 
     the application of this subparagraph, any alien who a 
     consular officer, the Attorney General, or the Secretary of 
     Homeland Security knows or has reason to believe--
       ``(i) is, or has been, a member of a criminal street gang 
     (as defined in section 521(a) of title 18, United States 
     Code); or
       ``(ii) has participated in the activities of a criminal 
     street gang, knowing or having reason to know that such 
     activities promoted, furthered, aided, or supported the 
     illegal activity of the criminal gang,
     is inadmissible.''.
       (2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) 
     is amended by adding at the end the following:
       ``(F) Members of criminal street gangs.--Unless the 
     Secretary of Homeland Security or the Attorney General waives 
     the application of this subparagraph, any alien who the 
     Secretary of Homeland Security or the Attorney General knows 
     or has reason to believe--
       ``(i) is, or at any time after admission has been, a member 
     of a criminal street gang (as defined in section 521(a) of 
     title 18, United States Code); or
       ``(ii) has participated in the activities of a criminal 
     street gang, knowing or having reason to know that such 
     activities promoted, furthered, aided, or supported the 
     illegal activity of the criminal gang,

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

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

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

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

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

[[Page S3037]]

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

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

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

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

[[Page S3038]]

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

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

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

     SEC. 207. ILLEGAL REENTRY.

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

     ``SEC. 276. REENTRY OF REMOVED ALIEN.

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

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

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

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

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

[[Page S3039]]

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

     ``Sec. 1541. Trafficking in passports

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

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

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

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

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

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

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

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

     ``Sec. 1544. Misuse of a passport

       ``(a) In General.--Any person who--
       ``(1) knowingly uses any passport issued or designed for 
     the use of another;
       ``(2) knowingly uses any passport in violation of the 
     conditions or restrictions therein contained, or in violation 
     of the laws, regulations, or rules governing the issuance and 
     use of the passport;
       ``(3) knowingly secures, possesses, uses, receives, buys, 
     sells, or distributes any passport knowing it to be forged, 
     counterfeited, altered, falsely made, procured by fraud, or 
     produced or issued without lawful authority; or
       ``(4) knowingly violates the terms and conditions of any 
     safe conduct duly obtained and issued under the authority of 
     the United States,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Entry; Fraud.--Any person who knowingly uses any 
     passport, knowing the passport to be forged, counterfeited, 
     altered, falsely made, procured by fraud, produced or issued 
     without lawful authority, or issued or designed for the use 
     of another--
       ``(1) to enter or to attempt to enter the United States; or
       ``(2) to defraud the United States, a State, or a political 
     subdivision of a State,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1545. Schemes to defraud aliens

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

     ``Sec. 1546. Immigration and visa fraud

       ``(a) In General.--Any person who knowingly--
       ``(1) uses any immigration document issued or designed for 
     the use of another;
       ``(2) forges, counterfeits, alters, or falsely makes any 
     immigration document;
       ``(3) completes, mails, prepares, presents, signs, or 
     submits any immigration document knowing it to contain any 
     materially false statement or representation;
       ``(4) secures, possesses, uses, transfers, receives, buys, 
     sells, or distributes any immigration document knowing it to 
     be forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority;
       ``(5) adopts or uses a false or fictitious name to evade or 
     to attempt to evade the immigration laws; or
       ``(6) transfers or furnishes an immigration document to a 
     person without lawful authority for use if such person is not 
     the person for whom the immigration document was issued or 
     designed,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Multiple Violations.--Any person who, during any 3-
     year period, knowingly--
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more immigration documents;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more immigration documents;
       ``(3) secures, possesses, uses, buys, sells, or distributes 
     10 or more immigration documents, knowing the immigration 
     documents to be forged, counterfeited, altered, stolen, 
     falsely made, procured by fraud, or produced or issued 
     without lawful authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more immigration documents knowing the 
     documents to contain any materially false statement or 
     representation,

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

     ``Sec. 1547. Marriage fraud

       ``(a) Evasion or Misrepresentation.--Any person who--
       ``(1) knowingly enters into a marriage for the purpose of 
     evading any provision of the immigration laws; or
       ``(2) knowingly misrepresents the existence or 
     circumstances of a marriage--
       ``(A) in an application or document authorized by the 
     immigration laws; or
       ``(B) during any immigration proceeding conducted by an 
     administrative adjudicator (including an immigration officer 
     or examiner, a consular officer, an immigration judge, or a 
     member of the Board of Immigration Appeals),

     shall be fined under this title, imprisoned not more than 10 
     years, or both.
       ``(b) Multiple Marriages.--Any person who--
       ``(1) knowingly enters into 2 or more marriages for the 
     purpose of evading any immigration law; or
       ``(2) knowingly arranges, supports, or facilitates 2 or 
     more marriages designed or intended to evade any immigration 
     law,

     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(c) Commercial Enterprise.--Any person who knowingly 
     establishes a commercial enterprise for the purpose of 
     evading any provision of the immigration laws shall be fined 
     under this title, imprisoned for not more than 10 years, or 
     both.
       ``(d) Duration of Offense.--
       ``(1) In general.--An offense under subsection (a) or (b) 
     continues until the fraudulent nature of the marriage or 
     marriages is discovered by an immigration officer.
       ``(2) Commercial enterprise.--An offense under subsection 
     (c) continues until the fraudulent nature of commercial 
     enterprise is discovered by an immigration officer or 
     other law enforcement officer.

     ``Sec. 1548. Attempts and conspiracies

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

     ``Sec. 1549. Alternative penalties for certain offenses

       ``(a) Terrorism.--Any person who violates any section of 
     this chapter--
       ``(1) knowing that such violation will facilitate an act of 
     international terrorism or domestic terrorism (as those terms 
     are defined in section 2331); or
       ``(2) with the intent to facilitate an act of international 
     terrorism or domestic terrorism,


[[Page S3040]]


     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).''.
       (b) Clerical Amendment.--The table of chapters in title 18, 
     United States Code, is amended by striking the item relating 
     to chapter 75 and inserting the following:

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

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

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

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

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

     SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

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

     SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

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

[[Page S3041]]

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

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

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

[[Page S3042]]

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

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

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

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

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

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

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

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

     SEC. 215. DIPLOMATIC SECURITY SERVICE.

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

     SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

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

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

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

     ``SEC. 362. CONSTRUCTION.

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

``Sec. 362. Construction.''.

     SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

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

[[Page S3043]]

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

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

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

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

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

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

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

     SEC. 222. ALTERNATIVES TO DETENTION.

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

     SEC. 223. CONFORMING AMENDMENT.

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

     SEC. 224. REPORTING REQUIREMENTS.

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

[[Page S3044]]

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

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

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

     SEC. 226. REMOVAL OF DRUNK DRIVERS.

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

     SEC. 227. EXPEDITED REMOVAL.

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

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

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

     SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

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

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

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

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

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

[[Page S3045]]

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

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

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

     SEC. 231. LAUNDERING OF MONETARY INSTRUMENTS.

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

     SEC. 232. SEVERABILITY.

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

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

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

[[Page S3046]]

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S3047]]

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

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

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

[[Page S3048]]

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

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

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

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

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

[[Page S3049]]

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

[[Page S3050]]

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

     SEC. 302. EMPLOYER COMPLIANCE FUND.

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

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

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

     SEC. 304. CLARIFICATION OF INELIGIBILITY FOR 
                   MISREPRESENTATION.

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

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

     SEC. 401. ELIMINATION OF EXISTING BACKLOGS.

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

     SEC. 402. COUNTRY LIMITS.

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

     SEC. 403. ALLOCATION OF IMMIGRANT VISAS.

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

[[Page S3051]]

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

     SEC. 404. RELIEF FOR MINOR CHILDREN.

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

     SEC. 405. STUDENT VISAS.

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

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

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

     SEC. 406. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

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

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

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

[[Page S3052]]

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

     SEC. 407. MEDICAL SERVICES IN UNDERSERVED AREAS.

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

               TITLE V--IMMIGRATION LITIGATION REDUCTION

     SEC. 501. CONSOLIDATION OF IMMIGRATION APPEALS.

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

     SEC. 502. ADDITIONAL IMMIGRATION PERSONNEL.

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

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

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

[[Page S3053]]

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

     SEC. 504. JUDICIAL REVIEW OF VISA REVOCATION.

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

     SEC. 505. REINSTATEMENT OF REMOVAL ORDERS.

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

     SEC. 506. WITHHOLDING OF REMOVAL.

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

     SEC. 507. CERTIFICATE OF REVIEWABILITY.

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

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

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

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

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

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

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

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

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

     SEC. 510. BOARD OF IMMIGRATION APPEALS.

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

[[Page S3054]]

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

                        TITLE VI--MISCELLANEOUS

     SEC. 601. TECHNICAL AND CONFORMING AMENDMENTS.

       The Attorney General, in consultation with the Secretary, 
     shall, as soon as practicable but not later than 90 days 
     after the date of the enactment of this Act, submit to 
     Congress a draft of any technical and conforming changes in 
     the Immigration and Nationality Act which are necessary to 
     reflect the changes in the substantive provisions of law made 
     by the Homeland Security Act of 2002, this Act, or any other 
     provision of law.
                                 ______
                                 
  SA 3421. Mr. NELSON of Nebraska proposed an amendment to amendment SA 
3420 proposed by Mr. Sessions 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 appropriate place in the Sessions amendment add the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Border 
     Security and Interior Enforcement Improvement 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. Severability.

                   TITLE I--SOUTHWEST BORDER SECURITY

Sec. 101. Construction of fencing and security improvements in border 
              area from Pacific Ocean to Gulf of Mexico.
Sec. 102. Border patrol agents.
Sec. 103. Increased availability of Department of Defense equipment to 
              assist with surveillance of southern international land 
              border of the United States.
Sec. 104. Ports of entry.
Sec. 105. Authorization of appropriations.

          TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT

                Subtitle A--Additional Federal Resources

Sec. 201. Necessary assets for controlling United States borders.
Sec. 202. Additional immigration personnel.
Sec. 203. Additional worksite enforcement and fraud detection agents.
Sec. 204. Document fraud detection.
Sec. 205. Powers of immigration officers and employees.

      Subtitle B--Maintaining Accurate Enforcement Data on Aliens

Sec. 211. Entry-exit system.
Sec. 212. State and local law enforcement provision of information 
              regarding aliens.
Sec. 213. Listing of immigration violators in the National Crime 
              Information Center database.
Sec. 214. Determination of immigration status of individuals charged 
              with Federal offenses.

       Subtitle C--Detention of Aliens and Reimbursement of Costs

Sec. 221. 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. 222. Federal custody of illegal aliens apprehended by State or 
              local law enforcement.
Sec. 223. Institutional Removal Program.

  Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws

Sec. 231. Congressional affirmation of immigration law enforcement 
              authority by States and political subdivisions of States.
Sec. 232. Immigration law enforcement training of State and local law 
              enforcement personnel.
Sec. 233. Immunity.

                TITLE III--VISA REFORM AND ALIEN STATUS

         Subtitle A--Limitations on Visa Issuance and Validity

Sec. 301. Curtailment of visas for aliens from countries denying or 
              delaying repatriation of nationals.
Sec. 302. Judicial review of visa revocation.
Sec. 303. Elimination of diversity immigrant program.
Sec. 304. Completion of background and security checks.
Sec. 305. Naturalization and good moral character.
Sec. 306. Denial of benefits to terrorists and criminals.
Sec. 307. Repeal of adjustment of status of certain aliens physically 
              present in United States under section 245(i).
Sec. 308. Grounds of Inadmissibility and Removability for Persecutors.
Sec. 309. Technical Corrections to SEVIS Reporting Requirements.

      TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY

                         Subtitle A--In General

Sec. 401. Short title.
Sec. 402. Findings.

         Subtitle B--Employment Eligibility Verification System

Sec. 411. Employment Eligibility Verification System.
Sec. 412. Employment eligibility verification process.
Sec. 413. Expansion of employment eligibility verification system to 
              previously hired individuals and recruiting and 
              referring.
Sec. 414. Extension of preemption to required construction of day 
              laborer shelters.
Sec. 415. Basic pilot program.
Sec. 416. Protection for United States workers and individuals 
              reporting immigration law violations.
Sec. 417. Penalties.

Subtitle C--Work Eligibility Verification Reform in the Social Security 
                             Administration

Sec. 421. Verification responsibilities of the Commissioner of Social 
              Security.
Sec. 422. Notification by commissioner of failure to correct social 
              security information.
Sec. 423. Restriction on access and use.
Sec. 424. Sharing of information with the commissioner of Internal 
              Revenue Service.
Sec. 425. Sharing of information with the Secretary of Homeland 
              Security.

                   Subtitle D--Sharing of Information

Sec. 431. Sharing of information with the Secretary of Homeland 
              Security and the Commissioner of Social Security.

             Subtitle E--Identification Document Integrity

Sec. 441. Consular identification documents.
Sec. 442. Machine-readable tamper-resistant immigration documents.

      Subtitle F--Effective Date; Authorization of Appropriations

Sec. 451. Effective date.
Sec. 452. Authorization of appropriations.

                   TITLE V--PENALTIES AND ENFORCEMENT

                Subtitle A--Criminal and Civil Penalties

Sec. 501. Alien smuggling and related offenses.
Sec. 502. Evasion of inspection or violation of arrival, reporting, 
              entry, or clearance requirements.
Sec. 503. Improper entry by, or presence of, aliens.
Sec. 504. Fees and Employer Compliance Fund.
Sec. 505. Reentry of removed alien.
Sec. 506. Civil and criminal penalties for document fraud, benefit 
              fraud, and false claims of citizenship.

[[Page S3055]]

Sec. 507. Rendering inadmissible and deportable aliens participating in 
              criminal street gangs.
Sec. 508. Mandatory detention of suspected criminal street gang 
              members.
Sec. 509. Ineligibility for asylum and protection from removal.
Sec. 510. Penalties for misusing social security numbers or filing 
              false information with Social Security Administration.
Sec. 511. Technical and clarifying amendments.

             Subtitle B--Detention, Removal, and Departure

Sec. 521. Voluntary departure reform.
Sec. 522. Release of aliens in removal proceedings.
Sec. 523. Expedited removal.
Sec. 524. Reinstatement of previous removal orders.
Sec. 525. Cancellation of removal.
Sec. 526. Detention of dangerous alien.
Sec. 527. Alternatives to detention.
Sec. 528. Authorization of appropriations.

     SEC. 2. 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 unconstitutional, the 
     remainder of this Act, and the application of such provision 
     to other persons not similarly situated or to other 
     circumstances, shall not be affected by such holding.
                   TITLE I--SOUTHWEST BORDER SECURITY

     SEC. 101. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS 
                   IN BORDER AREA FROM PACIFIC OCEAN TO GULF OF 
                   MEXICO.

       (a) In General.--Section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public Law 104-208; 8 U.S.C. 1103 note) is amended to read 
     as follows--
       ``(1) Border security improvements.--
       ``(A) Border zone creation.--
       ``(i) In general.--In carrying out subsection (a), the 
     Secretary of Homeland Security shall create and control a 
     border zone, along the international land border between the 
     United States and Mexico, subject to the following 
     conditions:

       ``(I) Size.--The border zone shall consist of the United 
     States land area within 100 yards of such international land 
     border, except that with respect to areas of the border zone 
     that are contained within an organized subdivision of a State 
     or local government, the Secretary may adjust the area 
     included in the border zone to accommodate existing public 
     and private structures.
       ``(II) Federal land.--Not later than 30 days after the date 
     of the enactment of the Border Security and Interior 
     Enforcement Improvement Act of 2006, the head of each Federal 
     agency having jurisdiction over Federal land included in the 
     border zone shall transfer such land, without reimbursement, 
     to the administrative jurisdiction of the Secretary of 
     Homeland Security.
       ``(III) Consultation.--Before installing any fencing or 
     other physical barriers, roads, lighting, or sensors under 
     subparagraph (B) on land transferred by the Secretary of 
     Defense under subclause (II), the Secretary of Homeland 
     Security shall consult with the Secretary of Defense for 
     purposes of mitigating or limiting the impact of the fencing, 
     barriers, roads, lighting, and sensors on military training 
     and operations.

       ``(ii) Other uses.--The Secretary may authorize the use of 
     land included in the border zone for other purposes so long 
     as such use does not impede the operation or effectiveness of 
     the security features installed under subparagraph (B) or the 
     ability of the Secretary to carry out subsection (a).
       ``(B) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security shall provide for--
       ``(i) the construction along the southern international 
     land border between the United States and Mexico, starting at 
     the Pacific Ocean and extending eastward to the Gulf of 
     Mexico, of at least 2 layers of reinforced fencing; and
       ``(ii) the installation of such additional physical 
     barriers, roads, lighting, ditches, and sensors along such 
     border as may be necessary to eliminate illegal crossings and 
     facilitate legal crossings along such border.
       ``(C) Priority areas.--With respect to the border described 
     in subparagraph (B), the Secretary shall ensure that initial 
     fence construction occurs in high traffic and smuggling areas 
     along such border.''.
       (b) Conforming Amendments.--Section 102 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public Law 104-208; 8 U.S.C. 1103 note) as amended by 
     subsection (a) is further amended--
       (1) in subsection (a), by striking ``Attorney General, in 
     consultation with the Commissioner of Immigration and 
     Naturalization,'' and inserting ``Secretary of Homeland 
     Security'';
       (2) in subsection (b), by striking the heading and 
     inserting ``Border Zone Creation and Reinforced Fending--''; 
     and
       (3) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''.

     SEC. 102. BORDER PATROL AGENTS.

       Section 5202 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) 
     is amended--
       (1) by striking ``2010'' both places it appears and 
     inserting ``2011''; and
       (2) by striking ``2,000'' and inserting ``3,000''.

     SEC. 103. INCREASED AVAILABILITY OF DEPARTMENT OF DEFENSE 
                   EQUIPMENT TO ASSIST WITH SURVEILLANCE OF 
                   SOUTHERN INTERNATIONAL LAND BORDER OF THE 
                   UNITED STATES.

       (a) Increased Availability of Equipment.--The Secretary of 
     Defense and the Secretary of Homeland Security shall develop 
     and implement a plan to use the 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 with Department of Homeland Security 
     surveillance activities conducted at or near the southern 
     international land border of the United States.
       (b) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Homeland Security shall submit a report to 
     Congress that contains--
       (1) a description of the current use of Department of 
     Defense equipment to assist with Department of Homeland 
     Security surveillance of the southern international land 
     border of the United States;
       (2) the plan developed under subsection (a) to increase the 
     use of Department of Defense equipment to assist with such 
     surveillance activities; and
       (3) a description of the types of equipment and other 
     support to be provided by Department of Defense under such 
     plan during the 1-year period beginning after submission of 
     the report.

     SEC. 104. PORTS OF ENTRY.

       To facilitate legal trade, commerce, tourism, and legal 
     immigration, the Secretary of Homeland Security is authorized 
     to--
       (1) construct additional ports of entry along the 
     international land border 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. 105. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     $5,000,000,000 to carry out section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public Law 104-208; 8 U.S.C. 1103), as amended by section 
     101. Such sums shall be available until expended.
       (b) Border Patrol Agents.--There are authorized to be 
     appropriated $3,000,000,000 to carry out section 5202 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 118 Stat. 3734), as amended by section 
     102.
       (c) Ports of Entry.--There are authorized to be 
     appropriated $125,000,000 to carry out section 104.
       (d) Conforming Amendment.--Section 102(b)(4) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) is repealed.
          TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT
                Subtitle A--Additional Federal Resources

     SEC. 201. NECESSARY ASSETS FOR CONTROLLING UNITED STATES 
                   BORDERS.

       (a) Personnel.--
       (1) Customs and border protection officers.--In each of the 
     fiscal years 2007 through 2011, the Secretary of Homeland 
     Security shall increase by not less than 250 the number of 
     positions for full-time active duty Customs and Border 
     Protection officers.
       (2) 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 paragraph (1).
       (b) Technological Assets.--
       (1) Acquisition.--The Secretary of Homeland Security shall 
     procure unmanned aerial vehicles, cameras, poles, sensors, 
     and other technologies necessary to achieve operational 
     control of the borders of the United States.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated $500,000,000 for each of fiscal years 2007 
     through 2011 to carry out paragraph (1).
       (c) Border Patrol Checkpoints.--Notwithstanding any other 
     provision of law or regulation, temporary or permanent 
     checkpoints may be maintained on roadways in border patrol 
     sectors close to the international land borders of the United 
     States in such locations and for such time period durations 
     as the Secretary of Homeland Security, in the Secretary's 
     sole discretion, determines necessary.

     SEC. 202. ADDITIONAL IMMIGRATION PERSONNEL.

       (a) Department of Homeland Security.--
       (1) Investigative personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 118 
     Stat. 3734), for each of fiscal years 2007 through 2011, the 
     Secretary of Homeland Security shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 200 the number of positions for investigative 
     personnel within the Department of Homeland Security 
     investigating alien smuggling and immigration status 
     violations above the number of such positions for which funds 
     were made available during the preceding fiscal year.
       (2) Trial attorneys.--In each of fiscal years 2007 through 
     2011, the Secretary of Homeland Security shall, subject to 
     the availability of appropriations for such purpose, increase 
     the number of positions for attorneys in the Office of 
     General Counsel of

[[Page S3056]]

     the Department of Homeland Security who represent the 
     Department in immigration matters by not less than 100 above 
     the number of such positions for which funds were made 
     available during each preceding fiscal year.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Homeland Security for 
     each of fiscal years 2007 through 2011 such sums as may be 
     necessary to carry out this subsection.
       (b) Department of Justice.--
       (1) Assistant attorney general for immigration 
     enforcement.--
       (A) Establishment.--There is established within the 
     Department of Justice the position of Assistant Attorney 
     General for Immigration Enforcement. The Assistant Attorney 
     General for Immigration Enforcement shall coordinate and 
     prioritize immigration litigation and enforcement in the 
     Federal courts, including--
       (i) removal and deportation;
       (ii) employer sanctions; and
       (iii) alien smuggling and human trafficking.
       (B) Conforming amendment.--Section 506 of title 28, United 
     States Code, is amended by striking ``ten'' and inserting 
     ``11''.
       (2) Litigation attorneys.--In each of fiscal years 2007 
     through 2011, the Attorney General shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 50 the number of positions for attorneys in the 
     Office of Immigration Litigation of the Department of Justice 
     above the number of such positions for which funds were made 
     available during the preceding fiscal year.
       (3) Assistant united states attorneys.--In each of fiscal 
     years 2007 through 2011, the Attorney General shall, subject 
     to the availability of appropriations for such purpose, 
     increase by not less than 50 the number of Assistant United 
     States Attorneys to litigate immigration cases in the Federal 
     courts above the number of such positions for which funds 
     were made available during the preceding fiscal year.
       (4) Immigration judges.--In each of fiscal years 2007 
     through 2011, the Attorney General shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 50 the number of immigration judges above the 
     number of such positions for which funds were made available 
     during the preceding fiscal year.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Justice for each of 
     fiscal years 2007 through 2011 such sums as may be necessary 
     to carry out this subsection, including the hiring of 
     necessary support staff.

     SEC. 203. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION 
                   AGENTS.

       (a) Worksite Enforcement.--In each of fiscal years 2007 
     through 2011, the Secretary of Homeland Security shall, 
     subject to the availability of appropriations for such 
     purpose, 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, 1324a) above the number of such positions 
     in which funds were made available during the preceding 
     fiscal year.
       (b) Fraud Detection.--In each of fiscal years 2007 through 
     2011, the Secretary of Homeland Security shall, subject to 
     the availability of appropriations for such purpose, increase 
     by not less than 1,000 the number of positions for 
     Immigration Enforcement Agents dedicated to immigration fraud 
     detection above the number of such positions in which funds 
     were made available during the preceding fiscal year.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated during each of fiscal years 2007 through 
     2011 such sums as may be necessary to carry out this section.

     SEC. 204. DOCUMENT FRAUD DETECTION.

       (a) Training.--The Secretary of Homeland Security 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 Forensic Document Laboratory of the Bureau of 
     Immigration and Customs Enforcement of the Department of 
     Homeland Security.
       (b) Forensic Document Laboratory.--The Secretary of 
     Homeland Security shall provide all officers of the Bureau of 
     Customs and Border Protection with access to the Forensic 
     Document Laboratory.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 for each of fiscal years 2007 
     through 2011 to carry out this section.

     SEC. 205. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES.

       Section 287(a) of the Immigration and Nationality Act (8 
     U.S.C. 1357(a)) is amended--
       (1) by striking paragraph (5) and the 2 undesignated 
     paragraphs following paragraph (5);
       (2) in the material preceding paragraph (1)--
       (A) by striking ``(a) Any'' and inserting ``(a)(1) Any''; 
     and
       (B) by striking ``Service'' and inserting ``Department of 
     Homeland Security'';
       (3) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D), respectively; and
       (4) by inserting after subparagraph (D), as redesignated by 
     paragraph (3), the following:
       ``(E) to make arrests--
       ``(i) for any offense against the United States, if the 
     offense is committed in the officer's or employee's presence; 
     or
       ``(ii) for any felony cognizable under the laws of the 
     United States, if the officer or employee has reasonable 
     grounds to believe that the person to be arrested has 
     committed or is committing such a felony.
       ``(2) Under regulations prescribed by the Attorney General 
     or the Secretary of Homeland Security, an officer or employee 
     of the Service may carry a firearm and may execute and serve 
     any order, warrant, subpoena, summons, or other process 
     issued under the authority of the United States.''.
      Subtitle B--Maintaining Accurate Enforcement Data on Aliens

     SEC. 211. ENTRY-EXIT SYSTEM.

       (a) Integrated Entry and Exit Data System.--Section 
     110(b)(1) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1365a(b)(1)) is amended 
     to read as follows:
       ``(1) provides access to, and integrates, arrival and 
     departure data of all aliens who arrive and depart at ports 
     of entry, in an electronic format and in a database of the 
     Department of Homeland Security or the Department of State 
     (including those created or used at ports of entry and at 
     consular offices);''.
       (b) Construction.--Section 110(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a(c)) is amended to read as follows:
       ``(c) Construction.--Nothing in this section shall be 
     construed to reduce or curtail any authority of the Secretary 
     of Homeland Security or the Secretary of State under any 
     other provision of law.''.
       (c) Deadlines.--Section 110(d) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1365a(d)) is amended--
       (1) in paragraph (1), by striking ``December 31, 2003'' and 
     inserting ``October 1, 2006''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Land border ports of entry.--Not later than October 
     1, 2006, the Secretary of Homeland Security shall implement 
     the integrated entry and exit data system using the data 
     described in paragraph (1) and available alien arrival and 
     departure data described in subsection (b)(1) pertaining to 
     aliens arriving in, or departing from, the United States at 
     all land border ports of entry. Such implementation shall 
     include ensuring that such data, when collected or created by 
     an immigration officer at a port of entry, are entered into 
     the system and can be accessed by immigration officers at 
     airports, seaports, and other land border ports of entry.''.
       (d) Authority To Provide Access to System.--Section 
     110(f)(1) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1365a(f)(1)) is amended 
     by adding at the end: ``The Secretary of Homeland Security 
     shall ensure that any officer or employee of the Department 
     of Homeland Security or the Department of State having need 
     to access the data contained in the integrated entry and exit 
     data system for any lawful purpose under the Immigration and 
     Nationality Act has such access, including access for 
     purposes of representation of the Department of Homeland 
     Security in removal proceedings under section 240 of such Act 
     and adjudication of applications for benefits under such 
     Act.''.
       (e) Biometric Data Enhancements.--Not later than October 1, 
     2006, the Secretary of Homeland Security shall--
       (1) in consultation with the Attorney General, enhance 
     connectivity between the automated biometric fingerprint 
     identification system (IDENT) of the Department of Homeland 
     Security and the integrated automated fingerprint 
     identification system (IAFIS) of the Federal Bureau of 
     Investigation fingerprint databases to ensure more 
     expeditious data searches; and
       (2) in consultation with the Secretary of State, collect 
     all 10 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), as amended by 
     this section.

     SEC. 212. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF 
                   INFORMATION REGARDING ALIENS.

       (a) Violations of Federal Law.--A statute, policy, or 
     practice that prohibits, or restricts in any manner, a law 
     enforcement or administrative enforcement officer of a State 
     or of a political subdivision therein, from enforcing Federal 
     immigration laws or from assisting or cooperating with 
     Federal immigration law enforcement in the course of carrying 
     out the investigative or enforcement duties of the officer or 
     from providing information to an official of the United 
     States Government regarding the immigration status of an 
     individual who is believed to be illegally present in the 
     United States, is in violation of section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1644).
       (b) State and Local Law Enforcement Provision of 
     Information About Apprehended Illegal Aliens.--
       (1) Provision of information.--
       (A) In general.--In compliance with section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1644), each

[[Page S3057]]

     law enforcement agency of a State or of a political 
     subdivision therein shall provide to the Department of 
     Homeland Security the information listed in paragraph (2) for 
     each alien who is apprehended in the jurisdiction of such 
     agency and who cannot produce the valid certificate of alien 
     registration or alien registration receipt card described in 
     section 264(d) of the Immigration and Nationality Act (8 
     U.S.C. 1304(d)).
       (B) Time limitation.--Not later than 15 days after an alien 
     described in subparagraph (A) is apprehended, information 
     required to be provided under subparagraph (A) shall be 
     provided in such form and in such manner as the Secretary of 
     Homeland Security may, by regulation or guideline, require.
       (C) Exception.--The reporting requirement in paragraph (A) 
     shall not apply in the case of any alien determined to be 
     lawfully present in the United States.
       (2) Information required.--The information listed in this 
     subsection is as follows:
       (A) The alien's name.
       (B) The alien's address or place of residence.
       (C) A physical description of the alien.
       (D) The date, time, and location of the encounter with the 
     alien and reason for stopping, detaining, apprehending, or 
     arresting the alien.
       (E) If applicable--
       (i) the alien's driver's license number and the State of 
     issuance of such license;
       (ii) the type of any other identification document issued 
     to the alien, any designation number contained on the 
     identification document, and the issuing entity for the 
     identification document;
       (iii) the license number and description of any vehicle 
     registered to, or operated by, the alien; and
       (iv) a photo of the alien and a full set of the alien's 10 
     rolled fingerprints, if available or readily obtainable.
       (3) Reimbursement.--The Secretary of Homeland Security 
     shall reimburse such law enforcement agencies for the costs, 
     per a schedule determined by the Secretary, incurred by such 
     agencies in collecting and transmitting the information 
     described in paragraph (2).
       (c) Technical and Conforming Amendments.--
       (1) Illegal immigration reform and immigrant responsibility 
     act of 1996.--
       (A) Technical amendment.--Section 642 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373) is amended--
       (i) in subsections (a), (b)(1), and (c), by striking 
     ``Immigration and Naturalization Service'' each place it 
     appears and inserting ``Department of Homeland Security''; 
     and
       (ii) in the heading by striking ``IMMIGRATION AND 
     NATURALIZATION SERVICE'' and inserting ``DEPARTMENT OF 
     HOMELAND SECURITY''.
       (B) Conforming amendment.--Section 1(d) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-546) is 
     amended by striking the item related to section 642 and 
     inserting the following:

``Sec. 642. Communication between government agencies and the 
              Department of Homeland Security.''.

       (2) Personal responsibility and work opportunity 
     reconciliation act of 1996.--
       (A) In general.--Section 434 of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1644) is amended--
       (i) by striking ``IMMIGRATION AND NATURALIZATION SERVICE'' 
     and inserting ``DEPARTMENT OF HOMELAND SECURITY''; and
       (ii) in the heading by striking ``immigration and 
     naturalization service'' and inserting ``department of 
     homeland security''.
       (B) Conforming amendment.--Section 2 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1642) is amended by striking the item related 
     to section 434 and inserting the following:

``Sec. 434. Communication between State and local government agencies 
              and the Department of Homeland Security.''.

       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     the requirements of this section.

     SEC. 213. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the National Crime 
     Information Center.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall provide to the head of the National Crime Information 
     Center of the Department of Justice the information that the 
     Secretary of Homeland Security 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)(2) or 
     (b)(2) of section 240B of the Immigration and Nationality Act 
     (8 U.S.C. 1229c) or who has violated a condition of a 
     voluntary departure agreement under such section 240B;
       (C) detained by a Federal, State, or local law enforcement 
     agency whom a Federal immigration officer has confirmed to be 
     unlawfully present in the United States but, in the exercise 
     of discretion, has been released from detention without 
     transfer into the custody of a Federal immigration officer;
       (D) who has remained in the United States beyond the 
     alien's authorized period of stay; and
       (E) 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 of Homeland Security under 
     paragraph (1) related to an alien who is granted lawful 
     authority to enter or remain legally in the United States.
       (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, 
     regardless of whether the alien has received notice of the 
     violation or the alien has already been removed; and''.

     SEC. 214. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS 
                   CHARGED WITH FEDERAL OFFENSES.

       (a) Responsibility of United States Attorneys.--Beginning 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 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) Annual Report to Congress.--The Director of the 
     Administrative Office of the United States Courts shall 
     include, in the annual report filed with the 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.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2007 through 
     2012, such sums as may be necessary to carry out this Act. 
     Funds appropriated pursuant to this subsection in any fiscal 
     year shall remain available until expended.
       Subtitle C--Detention of Aliens and Reimbursement of Costs

     SEC. 221. 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 of Homeland Security 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 of Homeland Security. 
     The detention facilities shall be located so as

[[Page S3058]]

     to enable 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 under this subsection, the 
     Secretary of Homeland Security 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 (10 U.S.C. 2687 note) for use in 
     accordance with paragraph (1).
       (b) Technical and Conforming Amendment.--Section 241(g)(1) 
     of the Immigration and Nationality Act (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. 222. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY 
                   STATE OR LOCAL LAW ENFORCEMENT.

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

     ``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL 
                   CUSTODY.

       ``(a) In General.--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 illegal 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 illegal alien; and
       ``(B) if the individual is an illegal alien, either--
       ``(i) not later than 72 hours after the conclusion of the 
     State charging process or dismissal process, or if no State 
     charging or dismissal process is required, not later than 72 
     hours after the illegal alien is apprehended, take the 
     illegal alien into the custody of the Federal Government and 
     incarcerate the alien; or
       ``(ii) request that the relevant State or local law 
     enforcement agency temporarily detain or transport the 
     illegal 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 criminal or illegal aliens to 
     the Department of Homeland Security.
       ``(b) Reimbursement.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     reimburse a State or a political subdivision of a State for 
     expenses, as verified by the Secretary of Homeland Security, 
     incurred by the State or political subdivision in the 
     detention and transportation of a criminal or illegal alien 
     as described in subparagraphs (A) and (B) of subsection 
     (a)(1).
       ``(2) Cost computation.--Compensation provided for costs 
     incurred under subparagraphs (A) and (B) of subsection (a)(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 criminal or illegal 
     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 illegal alien during the period 
     between the time of transmittal of the request described in 
     subsection (a) and the time of transfer into Federal custody.
       ``(c) Requirement for Appropriate Security.--The Secretary 
     of Homeland Security shall ensure that illegal aliens 
     incarcerated in a Federal facility pursuant to this 
     subsection are held in facilities which provide an 
     appropriate level of security, and that, where practicable, 
     aliens detained solely for civil violations of Federal 
     immigration law are separated within a facility or 
     facilities.
       ``(d) 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 illegal aliens from the custody of those States 
     and political subdivisions of States which routinely submit 
     requests described in subsection (a) into Federal custody.
       ``(e) Authority for Contracts.--
       ``(1) In general.--The Secretary of Homeland Security may 
     enter into contracts or cooperative agreements with 
     appropriate State and local law enforcement and detention 
     agencies to implement this section.
       ``(2) Determination by secretary.--Prior to entering into a 
     contract or cooperative agreement with a State or political 
     subdivision of a State under paragraph (1), the Secretary 
     shall determine whether the State, or where appropriate, the 
     political subdivision in which the agencies are located has 
     in place any formal or informal policy that violates section 
     642 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary 
     shall not allocate any of the funds made available under this 
     section to any State or political subdivision that has in 
     place a policy that violates such section.
       ``(f) Illegal Alien Defined.--In this section, the term 
     `illegal alien' means an alien who--
       ``(1) entered the United States without inspection or at 
     any time or place other than that designated by the Secretary 
     of Homeland Security;
       ``(2) was admitted as a nonimmigrant and who, at the time 
     the alien was taken into custody by the State or a political 
     subdivision of the State, had failed to--
       ``(A) maintain the nonimmigrant status in which the alien 
     was admitted or to which it was changed under section 248; or
       ``(B) comply with the conditions of any such status;
       ``(3) was admitted as an immigrant and has subsequently 
     failed to comply with the requirements of that status; or
       ``(4) failed to depart the United States under a voluntary 
     departure agreement or under a final order of removal.''.
       (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. 223. INSTITUTIONAL REMOVAL PROGRAM.

       (a) Institutional Removal Program.--
       (1) Continuation.--The Secretary of Homeland Security shall 
     continue to operate the Institutional Removal Program or 
     develop and implement any other 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 of Homeland Security shall 
     extend the institutional removal program to all States. Each 
     State should--
       (A) cooperate with officials of the Federal Institutional 
     Removal Program;
       (B) expeditiously and systematically identify criminal 
     aliens in its prison and jail populations; and
       (C) promptly convey the information collected under 
     subparagraph (B) to officials of the Institutional Removal 
     Program.
       (b) Implementation of Cooperative Institutional Removal 
     Programs.--Section 642 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), is 
     amended by adding at the end the following:
       ``(d) Authorization for Detention After Completion of State 
     or Local Prison Sentence.--Law enforcement officers of a 
     State or political subdivision of a State are authorized to--
       ``(1) hold an illegal alien for a period of up to 14 days 
     after the alien has completed the alien's State prison 
     sentence in order to effectuate the transfer of the alien to 
     Federal custody when 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 personnel from the Bureau of Immigration and 
     Customs Enforcement can take the alien into custody.
       ``(e) Technology Usage.--Technology such as 
     videoconferencing shall be used to the maximum extent 
     practicable in order to make the Institutional Removal 
     Program available in remote locations. Mobile access to 
     Federal databases of aliens, such as the automated biometric 
     fingerprint identification system (IDENT) of the Department 
     of Homeland Security, and live scan technology shall be used 
     to the maximum extent practicable in order to make these 
     resources available to State and local law enforcement 
     agencies in remote locations.
       ``(f) Report to Congress.--Not later than 1 year after the 
     date of the enactment of the Border Security and Interior 
     Enforcement Improvement Act of 2006, the Secretary of 
     Homeland Security shall submit to Congress a report on the 
     participation of States in the Institutional Removal Program 
     and in any other program carried out under subsection (a).
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out the Institutional 
     Removal Program--
       ``(1) $30,000,000 for fiscal year 2007;
       ``(2) $40,000,000 for fiscal year 2008;
       ``(3) $50,000,000 for fiscal year 2009;
       ``(4) $60,000,000 for fiscal year 2010; and
       ``(5) $70,000,000 for fiscal year 2011 and each fiscal year 
     thereafter.''.
  Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws

     SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION LAW 
                   ENFORCEMENT AUTHORITY BY STATES AND POLITICAL 
                   SUBDIVISIONS OF STATES.

       Notwithstanding any other provision of law and reaffirming 
     the existing inherent authority of States, law enforcement 
     personnel

[[Page S3059]]

     of a State or a political subdivision of a State have the 
     inherent authority of a sovereign entity to investigate, 
     identify, apprehend, arrest, detain, or transfer to Federal 
     custody aliens in the United States (including the 
     transportation of such aliens across State lines to detention 
     centers), for the purpose of assisting in the enforcement of 
     the immigration laws of the United States in the normal 
     course of carrying out the law enforcement duties of such 
     personnel. This State authority has never been displaced or 
     preempted by a Federal law.

     SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND 
                   LOCAL LAW ENFORCEMENT PERSONNEL.

       (a) Training Manual and Pocket Guide.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall establish--
       (A) a training manual for law enforcement personnel of a 
     State or political subdivision of a State to train such 
     personnel in the investigation, identification, apprehension, 
     arrest, detention, and transfer to Federal custody of aliens 
     in the United States (including the transportation of such 
     aliens across State lines to detention centers and the 
     identification of fraudulent documents); and
       (B) an immigration enforcement pocket guide for law 
     enforcement personnel of a State or political subdivision of 
     a State to provide a quick reference for such personnel in 
     the course of duty.
       (2) Availability.--The training manual and pocket guide 
     established in accordance with paragraph (1) shall be made 
     available to all State and local law enforcement personnel.
       (3) Applicability.--Nothing in this subsection shall be 
     construed to require State or local law enforcement personnel 
     to carry the training manual or pocket guide established in 
     accordance with paragraph (1) with them while on duty.
       (4) Costs.--The Secretary of Homeland Security shall be 
     responsible for any and all costs incurred in establishing 
     the training manual and pocket guide under this subsection.
       (b) Training Flexibility.--
       (1) In general.--The Secretary of Homeland Security shall 
     make training of State and local law enforcement officers 
     available through as many means as possible, including 
     residential training at the Center for Domestic Preparedness 
     of the Department of Homeland Security, on-site training held 
     at State or local police agencies or facilities, online 
     training courses by computer, teleconferencing, and 
     videotape, or the digital video display (DVD) of a training 
     course or courses.
       (2) Online training.--The head of the Distributed Learning 
     Program of the Federal Law Enforcement Training Center shall 
     make training available for State and local law enforcement 
     personnel via the Internet through a secure, encrypted 
     distributed learning system that has all its servers based in 
     the United States.
       (3) Federal personnel training.--The training of State and 
     local law enforcement personnel under this section shall not 
     displace the training of Federal personnel.
       (c) 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).
       (d) Duration of Training.--Section 287(g)(2) of the 
     Immigration and Nationalization Act (8 U.S.C. 1357(g)(2)) is 
     amended by adding at the end ``Such training may not exceed 
     14 days or 80 hours of classroom training.''.
       (e) Clarification.--Nothing in this Act or any other 
     provision of law shall be construed as making any 
     immigration-related training a requirement for, or 
     prerequisite to, any State or local law enforcement officer 
     exercising the inherent authority of the officer to 
     investigate, identify, apprehend, arrest, detain, or transfer 
     to Federal custody illegal aliens during the normal course of 
     carrying out the law enforcement duties of the officer.
       (f) Technical Amendments.--Section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended 
     by striking ``Attorney General'' each place it appears and 
     inserting ``Secretary of Homeland Security''.

     SEC. 233. IMMUNITY.

       (a) Personal Immunity.--Notwithstanding any other provision 
     of law, a law enforcement officer of a State, or of a 
     political subdivision of a State, shall be immune, to the 
     same extent as a Federal law enforcement officer, from 
     personal liability arising out of the enforcement of any 
     immigration law. The immunity provided by this subsection 
     shall only apply to an officer of a State, or of a political 
     subdivision of a State, who is acting within the scope of 
     such officer's official duties.
       (b) Agency Immunity.--Notwithstanding any other provision 
     of law, a law enforcement agency of a State, or of a 
     political subdivision of a State, shall be immune from any 
     claim for money damages based on Federal, State, or local 
     civil rights law for an incident arising out of the 
     enforcement of any immigration law, except to the extent that 
     the law enforcement officer of such agency, whose action the 
     claim involves, committed a violation of Federal, State, or 
     local criminal law in the course of enforcing such 
     immigration law.
                TITLE III--VISA REFORM AND ALIEN STATUS
         Subtitle A--Limitations on Visa Issuance and Validity

     SEC. 301. CURTAILMENT OF VISAS FOR ALIENS FROM COUNTRIES 
                   DENYING OR DELAYING REPATRIATION OF NATIONALS.

       (a) In General.--Section 243 of the Immigration and 
     Nationality Act (8 U.S.C. 1253) is amended by adding at the 
     end the following new subsection:
       ``(e) Public Listing of Aliens With No Significant 
     Likelihood of Removal.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     establish and maintain a public listing of every alien who is 
     subject to a final order of removal and with respect to whom 
     the Secretary or any Federal court has determined that there 
     is no significant likelihood of removal in the reasonably 
     foreseeable future due to the refusal, or unreasonable delay, 
     of all countries designated by the alien under this section 
     to receive the alien. The public listing shall indicate 
     whether such alien has been released from Federal custody, 
     and the city and State in which such alien resides.
       ``(2) Discontinuation of visas.--If 25 or more of the 
     citizens, subjects, or nationals of any foreign state remain 
     on the public listing described in paragraph (1) throughout 
     any month--
       ``(A) such foreign state shall be deemed to have denied or 
     unreasonably delayed the acceptance of such aliens;
       ``(B) the Secretary of Homeland Security shall make the 
     notification to the Secretary of State prescribed in 
     subsection (d) of this section; and
       ``(C) the Secretary of State shall discontinue the issuance 
     of nonimmigrant visas to citizens, subjects, or nationals of 
     such foreign state until such time as the number of aliens on 
     the public listing from such foreign state has--
       ``(i) declined to fewer than 6; or
       ``(ii) remained below 25 for at least 30 days.''.
       (b) Technical Amendment.--Section 243 of the Immigration 
     and Nationality Act (8 U.S.C. 1253) is amended--
       (1) in subsection (a)(1)(D), by inserting ``or the 
     Secretary of Homeland Security'' after ``Attorney General'';
       (2) in subsection (c)--
       (A) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (B) by striking ``Commissioner'' and inserting 
     ``Secretary''; and
       (3) in subsection (d)--
       (A) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (B) by inserting ``of State'' after ``notifies the 
     Secretary''.

     SEC. 302. JUDICIAL REVIEW OF VISA REVOCATION.

       Section 221(i) of the Immigration and Nationality Act (8 
     U.S.C. 1201(i)) is amended by striking ``, except in the 
     context of a removal proceeding if such revocation provides 
     the sole ground for removal under section 237(a)(1)(B)''.

     SEC. 303. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

       (a) Worldwide Level of Diversity Immigrants.--Section 201 
     of the Immigration and Nationality Act (8 U.S.C. 1151) is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``and'' at the end of paragraph (1);
       (B) by striking ``; and'' at the end of paragraph (2) and 
     inserting a period; and
       (C) by striking paragraph (3); and
       (2) by striking subsection (e).
       (b) Allocation of Diversity Immigrant Visas.--Section 203 
     of such Act (8 U.S.C. 1153) is amended--
       (1) by striking subsection (c);
       (2) in subsection (d), by striking ``(a), (b), or (c),'' 
     and inserting ``(a) or (b),'';
       (3) in subsection (e), by striking paragraph (2) and 
     redesignating paragraph (3) as paragraph (2);
       (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
     inserting ``(a) or (b)''; and
       (5) in subsection (g), by striking ``(a), (b), and (c)'' 
     and inserting ``(a) and (b)''.
       (c) Procedure for Granting Immigrant Status.--Section 204 
     of such Act (8 U.S.C. 1154) is amended--
       (1) by striking subsection (a)(1)(I); and
       (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
     inserting ``(a) or (b)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2006.

     SEC. 304. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

       Section 103 of the Immigration and Nationality Act (8 
     U.S.C. 1103) is amended by adding at the end the following 
     new subsection:
       ``(i) Notwithstanding any other provision of law, the 
     Secretary of Homeland Security, the Attorney General, or any 
     court shall not--
       ``(1) grant or order the grant of adjustment of status 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 Attorney General, the Secretary, or any court,


[[Page S3060]]


     until such background and security checks as the Secretary 
     may in his discretion require have been completed to the 
     satisfaction of the Secretary.''.

     SEC. 305. NATURALIZATION AND GOOD MORAL CHARACTER.

       (a) Naturalization Reform.--
       (1) Barring terrorists from naturalization.--Section 316 of 
     the Immigration and Nationality Act (8 U.S.C. 1427) is 
     amended by adding at the end the following new subsection:
       ``(g) No person shall be naturalized who the Secretary of 
     Homeland Security determines, in the Secretary's discretion, 
     to have been at any time an alien described in section 
     212(a)(3) or 237(a)(4). Such determination may be based upon 
     any relevant information or evidence, including classified, 
     sensitive, or national security information, and shall be 
     binding upon, and unreviewable by, any court exercising 
     jurisdiction under the immigration laws over any application 
     for naturalization, regardless whether such jurisdiction to 
     review a decision or action of the Secretary is de novo or 
     otherwise.''.
       (2) Concurrent naturalization and removal proceedings.--The 
     last sentence of section 318 of such Act (8 U.S.C. 1429) is 
     amended--
       (A) by striking ``shall be considered by the Attorney 
     General'' and inserting ``shall be considered by the 
     Secretary of Homeland Security or any court'';
       (B) by striking ``pursuant to a warrant of arrest issued 
     under the provisions of this or any other Act:'' and 
     inserting ``or other proceeding to determine the applicants 
     inadmissibility or deportability, or to determine whether the 
     applicants lawful permanent resident status should be 
     rescinded, regardless of when such proceeding was 
     commenced:''; and
       (C) by striking ``upon the Attorney General'' and inserting 
     ``upon the Secretary of Homeland Security''.
       (3) Pending denaturalization or removal proceedings.--
     Section 204(b) of such Act (8 U.S.C. 1154(b)) is amended by 
     adding at the end ``No petition shall be approved pursuant to 
     this section if there is any administrative or judicial 
     proceeding (whether civil or criminal) pending against the 
     petitioner that could (whether directly or indirectly) result 
     in the petitioner's denaturalization or the loss of the 
     petitioner's lawful permanent resident status.''.
       (4) Conditional permanent residents.--Section 216(e) of 
     such Act (8 U.S.C. 1186a(e)) and section 216A(e) of such Act 
     (8 U.S.C. 1186b(e)) are each amended by inserting before the 
     period at the end of each such section ``, if the alien has 
     had the conditional basis removed under this section''.
       (5) District court jurisdiction.--Section 336(b) of such 
     Act (8 U.S.C. 1447(b)) is amended to read as follows:
       ``(b) If there is a failure to render a final 
     administrative decision under section 335 before the end of 
     the 180-day period after the date on which the Secretary of 
     Homeland Security completes all examinations and interviews 
     conducted under such section (as such terms are defined in 
     regulations issued by the Secretary), the applicant may apply 
     to the district court for the district in which the applicant 
     resides for a hearing on the matter. Such court shall only 
     have jurisdiction to review the basis for delay and remand 
     the matter to the Secretary for the Secretary's determination 
     on the application.''.
       (6) Conforming amendments.--Section 310(c) of such Act (8 
     U.S.C. 1421(c)) is amended--
       (A) by inserting ``, not later than 120 days after the date 
     of the Secretary's final determination'' before ``seek''; and
       (B) by striking the second sentence and inserting ``The 
     burden shall be upon the petitioner to show that the 
     Secretary's denial of the application was not supported by 
     facially legitimate and bona fide reasons. Except in a 
     proceeding under section 340, notwithstanding any other 
     provision of law, including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, no court shall have 
     jurisdiction to determine, or to review a determination of 
     the Secretary made at any time regarding, for purposes of an 
     application for naturalization, whether an alien is a person 
     of good moral character, whether an alien understands and is 
     attached to the principles of the Constitution of the United 
     States, or whether an alien is well disposed to the good 
     order and happiness of the United States.''.
       (7) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act, 
     shall apply to any act that occurred before, on, or after 
     such date, and shall apply to any application for 
     naturalization or any other case or matter under the 
     immigration laws pending on, or filed on or after, such date.
       (b) Bar to Good Moral Character.--
       (1) In general.--Section 101(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(f)) is amended--
       (A) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) one who the Secretary of Homeland Security or the 
     Attorney General determines, in the unreviewable discretion 
     of the Secretary or the Attorney General, to have been at any 
     time an alien described in section 212(a)(3) or section 
     237(a)(4), which determination may be based upon any relevant 
     information or evidence, including classified, sensitive, or 
     national security information, and which shall be binding 
     upon any court regardless of the applicable standard of 
     review;'';
       (B) in paragraph (8), by inserting ``, regardless whether 
     the crime was classified as an aggravated felony at the time 
     of conviction'' after ``(as defined in subsection (a)(43))''; 
     and
       (C) by striking the first sentence in the undesignated 
     paragraph following paragraph (9) and inserting ``The fact 
     that any person is not within any of the foregoing classes 
     shall not preclude a discretionary finding for other reasons 
     that such a person is or was not of good moral character. The 
     Secretary and the Attorney General shall not be limited to 
     the applicant's conduct during the period for which good 
     moral character is required, but may take into consideration 
     as a basis for determination the applicant's conduct and acts 
     at any time.''.
       (2) Aggravated felony effective date.--Section 509(b) of 
     the Immigration Act of 1990 (Public Law 101-649), as amended 
     by section 306(a)(7) of the Miscellaneous and Technical 
     Immigration and Naturalization Amendments of 1991 (Public Law 
     102-232)), is amended to read as follows:
       ``(b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on November 29, 1990, and shall apply to 
     convictions occurring before, on, or after such date.''.
       (3) Technical correction to the intelligence reform act.--
     Section 5504(2) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3741) 
     is amended by striking ``adding at the end'' and inserting 
     ``inserting after paragraph (8) and before the undesignated 
     paragraph at the end''.
       (4) Effective dates.--
       (A) In general.--The amendments made by paragraphs (1) and 
     (2) shall take effect on the date of the enactment of this 
     Act, shall apply to any act that occurred before, on, or 
     after such date, and shall apply to any application for 
     naturalization or any other benefit or relief or any other 
     case or matter under the immigration laws pending on, or 
     filed on or after, such date; or
       (B) Intelligence reform and terrorism prevention act of 
     2004.--The amendments made by paragraph (3) shall take effect 
     as if included in the enactment of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 
     Stat. 3638).

     SEC. 306. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

       (a) In General.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 219A. PROHIBITION ON PROVIDING IMMIGRATION BENEFITS TO 
                   CERTAIN ALIENS.

       ``Nothing in this Act or any other provision of law shall 
     permit the Secretary of Homeland Security, the Attorney 
     General, the Secretary of State, the Secretary of Labor, or 
     any other authorized head of any 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 subparagraphs (A)(i), 
     (A)(iii), (B), or (F) of sections 212(a)(3) or subparagraphs 
     (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) Inadmissibility on Security and Related Grounds.--
     Section 212(a)(3)(B)(ii)(I) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)(I)) is amended by 
     inserting ``is able to demonstrate, by clear and convincing 
     evidence, that such spouse or child'' after ``who''.

     SEC. 307. REPEAL OF ADJUSTMENT OF STATUS OF CERTAIN ALIENS 
                   PHYSICALLY PRESENT IN UNITED STATES UNDER 
                   SECTION 245(I).

       Section 245(i) of the Immigration and Nationality Act (8 
     U.S.C. 1255(i)) is repealed.

     SEC. 308. GROUNDS OF INADMISSIBILITY AND REMOVABILITY FOR 
                   PERSECUTORS.

       (a) General Classes of Aliens Ineligible To Receive Visas 
     and Ineligible for Admission.--
       (1) Persecution.--Section 212(a)(3)(E) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
       (A) in the header, by striking ``Nazi''; and
       (B) by inserting after clause (iii) the following new 
     clause:
       ``(iv) Participation in other persecution.--Any alien who 
     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 is inadmissible.''.
       (2) Recommendations by consular officers.--Section 
     212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1182(d)(3)(A)) by striking ``and clauses (i) and (ii) of 
     paragraph (3)(E)'' both places it appears and inserting ``or 
     3(E)''.
       (b) General Classes of Deportable Aliens.--Section 
     237(a)(4)(D) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(4)(D)) is amended--
       (1) in the header, by striking ``Nazi''; and
       (2) by striking ``or (iii)'' and inserting ``(iii), or 
     (iv)''.
       (c) Bar to Good Moral Character.--Section 101(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(f)) is 
     amended--

[[Page S3061]]

       (1) in paragraph (8), by striking ``or'';
       (2) in paragraph (9), as added by section 5504(2) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 118 Stat. 3741), as amended by section 
     305(b)(3) of this Act, by striking the period at the end and 
     inserting a semicolon and ``or''; and
       (3) inserting after paragraph (9), as added by section 
     5504(2) of the Intelligence Reform and Terrorism Prevention 
     Act of 2004 (Public Law 108-458; 118 Stat. 3741), as amended 
     by section 305(b)(3) of this Act, and before the undesignated 
     paragraph at the end the following new paragraph:
       ``(10) one who at any time has 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.''.
       (d) Voluntary Departure.--Section 240B of the Immigration 
     and Nationality Act (8 U.S.C. 1229c) is amended--
       (1) in subsection (a)(1), by striking ``deportable under 
     section 237(a)(2)(A)(iii) or section 237(a)(4)(B)'' and 
     inserting ``removable under section 237(a)(2)(A)(iii), 
     subparagraph (B) or (D) or section 237(a)(4), or section 
     212(a)(3)(E).''; and
       (2) in subsection (b)(1)(C), by striking ``deportable under 
     section 237(a)(2)(A)(iii) or section 237(a)(4)(B)'' and 
     inserting ``removable under section 237(a)(2)(A)(iii), 
     subparagraph (B) or (D) of section 237(a)(4), or section 
     212(a)(3)(E).''.
       (e) Aiding or Assisting Certain Aliens To Enter the United 
     States.--Section 277 of such Act (8 U.S.C. 1327) is amended 
     by striking ``or 212(a)(3) (other than subparagraph (E) 
     thereof)'' and inserting ``, section 212(a)(3)''.

     SEC. 309. TECHNICAL CORRECTIONS TO SEVIS REPORTING 
                   REQUIREMENTS.

       (a) Program To Collect Information Relating to Nonimmigrant 
     Foreign Students.--
       (1) In general.--Section 641(a)(4) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1372(a)(4)) is amended--
       (A) by striking ``Not later than 30 days after the deadline 
     for registering for classes for an academic term'' and 
     inserting ``Not later than the program start date (for new 
     students) or the next session start date (for continuing 
     students) of an academic term''; and
       (B) by striking ``shall report to the Immigration and 
     Naturalization Service any failure of the alien to enroll or 
     to commence participation.'' and inserting ``shall report to 
     the Secretary of Homeland Security any failure to enroll or 
     to commence participation by the program start date or next 
     session start date, as applicable.''.
       (2) Technical and conforming amendments.--
       (A) Authority of the secretary of homeland security.--
     Except as provided in subparagraph (B), section 641 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1372) is amended by striking ``Attorney 
     General'' each place that term appears and inserting 
     ``Secretary of Homeland Security''.
       (B) Exceptions.--Section 641 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1372) is amended--
       (i) in subsections (b), (c)(4)(A), (c)(4)(B), (e)(1), 
     (e)(6), and (g) by inserting ``Secretary of Homeland Security 
     or the'' before ``Attorney General'' each place that term 
     appears;
       (ii) by striking the heading of section (c)(4)(B) and 
     inserting ``Secretary of homeland security and attorney 
     general''; and
       (iii) in subsection (f), by inserting ``the Secretary of 
     Homeland Security,'' before ``the Attorney General''.
       (b) Clarification of Release of Information.--Section 641 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1372), as amended by 
     subsection (a), is further amended--
       (1) in subsection (c)(1)--
       (A) in subparagraph (G), by striking ``and'' at the end;
       (B) in subparagraph (H), by striking the period and 
     inserting a semicolon and ``and''; and
       (C) by adding at the end the following new subparagraph:
       ``(I) any other information the Secretary of Homeland 
     Security determines is necessary.''; and
       (2) in subsection (c)(2), by adding at the end ``Approved 
     institutions of higher education or other approved 
     educational institutions shall release information regarding 
     alien students referred to in this section to the Secretary 
     of Homeland Security as part of such information collection 
     program or upon request.''.
      TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY
                         Subtitle A--In General

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Employment Security Act of 
     2006''.

     SEC. 402. FINDINGS.

       Congress makes the following findings:
       (1) The failure of Federal, State, and local governments to 
     control and sanction the unauthorized employment and unlawful 
     exploitation of illegal alien workers is a primary cause of 
     illegal immigration.
       (2) The use of modern technology not available in 1986, 
     when the Immigration Reform and Control Act of 1986 (Public 
     Law 99-603; 100 Stat. 3359) created the I-9 worker 
     verification system, will enable employers to rapidly and 
     accurately verify the identity and work authorization of 
     their employees and independent contractors.
       (3) The Government and people of the United States share a 
     compelling interest in protection of United States employment 
     authorization, income tax withholding, and social security 
     accounting systems, against unauthorized access by illegal 
     aliens.
       (4) Limited data sharing between the Department of Homeland 
     Security, the Internal Revenue Service, and the Social 
     Security Administration is essential to the integrity of 
     these vital programs, which protect the employment and 
     retirement security of all working Americans.
       (5) The Federal judiciary must be open to private United 
     States citizens, legal foreign workers, and law-abiding 
     enterprises that seek judicial protection against injury to 
     their wages and working conditions due to unlawful employment 
     of illegal alien workers and the United States enterprises 
     that utilize the labor or services provided by illegal 
     aliens, especially where lack of resources constrains 
     enforcement of Federal immigration law by Federal immigration 
     officials.
         Subtitle B--Employment Eligibility Verification System

     SEC. 411. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

       (a) In General.--Section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)) is amended by adding at 
     the end the following:
       ``(7) Employment eligibility verification system.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish and administer a verification system, known as the 
     Employment Eligibility Verification System, through which the 
     Secretary--
       ``(i) responds to inquiries made by persons at any time 
     through a toll-free telephone line and other toll-free 
     electronic media concerning an individual's identity and 
     whether the individual is authorized to be employed; and
       ``(ii) maintains records of the inquiries that were made, 
     of verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(B) Initial response.--The verification system shall 
     provide verification or a tentative nonverification of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     verification or tentative nonverification, the verification 
     system shall provide an appropriate code indicating such 
     verification or such nonverification.
       ``(C) Secondary verification process in case of tentative 
     nonverification.--In cases of tentative nonverification, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final verification or 
     nonverification within 10 working days after the date of the 
     tentative nonverification. When final verification or 
     nonverification is provided, the verification system shall 
     provide an appropriate code indicating such verification or 
     nonverification.
       ``(D) Design and operation of system.--The verification 
     system shall be designed and operated--
       ``(i) to maximize its reliability and ease of use by 
     persons and other entities consistent with insulating and 
     protecting the privacy and security of the underlying 
     information;
       ``(ii) to respond to all inquiries made by such persons and 
     entities on whether individuals are authorized to be employed 
     and to register all times when such inquiries are not 
     received;
       ``(iii) with appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information; and
       ``(iv) to have reasonable safeguards against the system's 
     resulting in unlawful discriminatory practices based on 
     national origin or citizenship status, including--

       ``(I) the selective or unauthorized use of the system to 
     verify eligibility;
       ``(II) the use of the system prior to an offer of 
     employment; or
       ``(III) the exclusion of certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants.

       ``(E) Responsibilities of the commissioner of social 
     security.--As part of the verification system, the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Homeland Security (and any designee of the 
     Secretary selected to establish and administer the 
     verification system), shall establish a reliable, secure 
     method, which, within the time periods specified under 
     subparagraphs (B) and (C), compares the name and social 
     security account number provided in an inquiry against such 
     information maintained by the Commissioner in order to 
     validate (or not validate) the information provided regarding 
     an individual whose identity and employment eligibility must 
     be confirmed, the correspondence of the name and number, and 
     whether the individual has presented a social security 
     account number that is not valid for employment. The 
     Commissioner shall not disclose or release social security 
     information (other than such verification or nonverification) 
     except as provided for in this section or section 
     205(c)(2)(I) of the Social Security Act.

[[Page S3062]]

       ``(F) Responsibilities of the secretary of homeland 
     security.--(i) As part of the verification system, the 
     Secretary of Homeland Security (in consultation with any 
     designee of the Secretary selected to establish and 
     administer the verification system), shall establish a 
     reliable, secure method, which, within the time periods 
     specified under subparagraphs (B) and (C), compares the name 
     and alien identification or authorization number which are 
     provided in an inquiry against such information maintained by 
     the Secretary in order to validate (or not validate) the 
     information provided, the correspondence of the name and 
     number, and whether the alien is authorized to be employed in 
     the United States.
       ``(ii) When a single employer has submitted to the 
     verification system pursuant to paragraph (3)(A) the 
     identical social security account number in more than one 
     instance, or when multiple employers have submitted to the 
     verification system pursuant to such paragraph the identical 
     social security account number, in a manner which indicates 
     the possible fraudulent use of that number, the Secretary of 
     Homeland Security shall conduct an investigation, within the 
     time periods specified in subparagraphs (B) and (C), in order 
     to ensure that no fraudulent use of a social security account 
     number has taken place. If the Secretary has selected a 
     designee to establish and administer the verification system, 
     the designee shall notify the Secretary when a single 
     employer has submitted to the verification system pursuant to 
     paragraph (3)(A) the identical social security account number 
     in more than one instance, or when multiple employers have 
     submitted to the verification system pursuant to such 
     paragraph the identical social security account number, in a 
     manner which indicates the possible fraudulent use of that 
     number. The designee shall also provide the Secretary with 
     all pertinent information, including the name and address of 
     the employer or employers who submitted the relevant social 
     security account number, the relevant social security account 
     number submitted by the employer or employers, and the 
     relevant name and date of birth of the employee submitted by 
     the employer or employers.
       ``(G) Updating information.--The Commissioner of Social 
     Security and the Secretary of Homeland Security shall update 
     their information in a manner that promotes maximum accuracy 
     and shall provide a process for the prompt correction of 
     erroneous information, including instances in which it is 
     brought to their attention in the secondary verification 
     process described in subparagraph (C).
       ``(H) Limitation on use of the verification system and any 
     related systems.--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 Government to utilize any information, database, or 
     other records assembled under this subsection for any purpose 
     other than the enforcement and administration of the 
     immigration laws, the Social Security Act, or any provision 
     of Federal criminal law.
       ``(I) Federal tort claims act.--If an individual alleges 
     that the individual would not have been dismissed from a job 
     but for an error of the verification mechanism, the 
     individual may seek compensation only through the mechanism 
     of the Federal Tort Claims Act, and injunctive relief to 
     correct such error. No class action may be brought under this 
     subparagraph.
       ``(J) Protection from liability for actions taken on the 
     basis of information.--No person or entity shall be civilly 
     or criminally liable for any action taken in good faith 
     reliance on information provided through the employment 
     eligibility verification mechanism established under this 
     paragraph.''.
       (b) Repeal of Provision Relating to Evaluations and Changes 
     in Employment Verification.--Section 274A(d) (8 U.S.C. 
     1324a(d)) is repealed.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 2 years after the date of the enactment of 
     this Act.

     SEC. 412. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

       (a) In General.--Section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a) is amended--
       (1) in subsection (a)(3), by inserting ``(A)'' after 
     ``Defense.--'', and by adding at the end the following:
       ``(B) Failure to seek and obtain verification.--In the case 
     of a person or entity in the United States that hires, or 
     continues to employ, an individual, or recruits or refers an 
     individual for employment, the following requirements apply:
       ``(i) Failure to seek verification.--
       ``(I) In general.--If the person or entity has not made an 
     inquiry, under the mechanism established under subsection 
     (b)(7), seeking verification of the identity and work 
     eligibility of the individual, by not later than the end of 3 
     working days (as specified by the Secretary of Homeland 
     Security) after the date of the hiring, the date specified in 
     subsection (b)(8)(B) for previously hired individuals, or 
     before the recruiting or referring commences, the defense 
     under subparagraph (A) shall not be considered to apply with 
     respect to any employment, except as provided in subclause 
     (II).
       ``(II) Special rule for failure of verification 
     mechanism.--If such a person or entity in good faith attempts 
     to make an inquiry in order to qualify for the defense under 
     subparagraph (A) and the verification mechanism has 
     registered that not all inquiries were responded to during 
     the relevant time, the person or entity can make an inquiry 
     until the end of the first subsequent working day in which 
     the verification mechanism registers no nonresponses and 
     qualify for such defense.
       ``(ii) Failure to obtain verification.--If the person or 
     entity has made the inquiry described in clause (i)(I) but 
     has not received an appropriate verification of such identity 
     and work eligibility under such mechanism within the time 
     period specified under subsection (b)(7)(B) after the time 
     the verification inquiry was received, the defense under 
     subparagraph (A) shall not be considered to apply with 
     respect to any employment after the end of such time 
     period.'';
       (2) by amending subparagraph (A) of subsection (b)(1) to 
     read as follows:
       ``(A) In general.--The person or entity must attest, under 
     penalty of perjury and on a form designated or established by 
     the Secretary by regulation, that it has verified that the 
     individual is not an unauthorized alien by--
       ``(i) obtaining from the individual the individual's social 
     security account number and recording the number on the form 
     (if the individual claims to have been issued such a number), 
     and, if the individual does not attest to United States 
     citizenship under paragraph (2), obtaining such 
     identification or authorization number established by the 
     Department of Homeland Security for the alien as the 
     Secretary of Homeland Security may specify, and recording 
     such number on the form; and
       ``(ii)(I) examining a document described in subparagraph 
     (B); or
       ``(II) examining a document described in subparagraph (C) 
     and a document described in subparagraph (D).

     A person or entity has complied with the requirement of this 
     paragraph with respect to examination of a document if the 
     document reasonably appears on its face to be genuine, 
     reasonably appears to pertain to the individual whose 
     identity and work eligibility is being verified, and, if the 
     document bears an expiration date, that expiration date has 
     not elapsed. If an individual provides a document (or 
     combination of documents) that reasonably appears on its face 
     to be genuine, reasonably appears to pertain to the 
     individual whose identity and work eligibility is being 
     verified, and is sufficient to meet the first sentence of 
     this paragraph, nothing in this paragraph shall be construed 
     as requiring the person or entity to solicit the production 
     of any other document or as requiring the individual to 
     produce another document.'';
       (3) in subsection (b)(1)(D)--
       (A) in clause (i), by striking ``or such other personal 
     identification information relating to the individual as the 
     Attorney General finds, by regulation, sufficient for 
     purposes of this section''; and
       (B) in clause (ii), by inserting before the period ``and 
     that contains a photograph of the individual'';
       (4) in subsection (b)(2), by adding at the end the 
     following: ``The individual must also provide that 
     individual's social security account number (if the 
     individual claims to have been issued such a number), and, if 
     the individual does not attest to United States citizenship 
     under this paragraph, such identification or authorization 
     number established by the Department of Homeland Security for 
     the alien as the Secretary may specify.'';
       (5) by amending paragraph (3) of subsection (b) to read as 
     follows:
       ``(3) Retention of verification form and verification.--
       ``(A) In general.--After completion of such form in 
     accordance with paragraphs (1) and (2), the person or entity 
     shall--
       ``(i) retain a paper, microfiche, microfilm, or electronic 
     version of the form and make it available for inspection by 
     officers of the Department of Homeland Security, the Special 
     Counsel for Immigration-Related Unfair Employment Practices, 
     or the Department of Labor during a period beginning on the 
     date of the hiring, recruiting, or referral of the individual 
     or the date of the completion of verification of a previously 
     hired individual and ending--

       ``(I) in the case of the recruiting or referral of an 
     individual, three years after the date of the recruiting or 
     referral;
       ``(II) in the case of the hiring of an individual, the 
     later of--

       ``(aa) three years after the date of such hiring; or
       ``(bb) one year after the date the individual's employment 
     is terminated; and

       ``(III) in the case of the verification of a previously 
     hired individual, the later of--

       ``(aa) three years after the date of the completion of 
     verification; or
       ``(bb) one year after the date the individual's employment 
     is terminated;
       ``(ii) make an inquiry, as provided in paragraph (7), using 
     the verification system to seek verification of the identity 
     and employment eligibility of an individual, by not later 
     than the end of 3 working days (as specified by the Secretary 
     of Homeland Security) after the date of the hiring or in the 
     case of previously hired individuals, the date specified in 
     subsection (b)(8)(B), or before the recruiting or referring 
     commences; and

[[Page S3063]]

       ``(iii) not commence recruitment or referral of the 
     individual until the person or entity receives verification 
     under subparagraph (B)(i) or (B)(iii).
       ``(B) Verification.--
       ``(i) Verification received.--If the person or other entity 
     receives an appropriate verification of an individual's 
     identity and work eligibility under the verification system 
     within the time period specified, the person or entity shall 
     record on the form an appropriate code that is provided under 
     the system and that indicates a final verification of such 
     identity and work eligibility of the individual.
       ``(ii) Tentative nonverification received.--If the person 
     or other entity receives a tentative nonverification of an 
     individual's identity or work eligibility under the 
     verification system within the time period specified, the 
     person or entity shall so inform the individual for whom the 
     verification is sought. If the individual does not contest 
     the nonverification within the time period specified, the 
     nonverification shall be considered final. The person or 
     entity shall then record on the form an appropriate code 
     which has been provided under the system to indicate a 
     tentative nonverification. If the individual does contest the 
     nonverification, the individual shall utilize the process for 
     secondary verification provided under paragraph (7). The 
     nonverification will remain tentative until a final 
     verification or nonverification is provided by the 
     verification system within the time period specified. In no 
     case shall an employer terminate employment of an individual 
     because of a failure of the individual to have identity and 
     work eligibility confirmed under this section until a 
     nonverification becomes final. Nothing in this clause shall 
     apply to a termination of employment for any reason other 
     than because of such a failure.
       ``(iii) Final verification or nonverification received.--If 
     a final verification or nonverification is provided by the 
     verification system regarding an individual, the person or 
     entity shall record on the form an appropriate code that is 
     provided under the system and that indicates a verification 
     or nonverification of identity and work eligibility of the 
     individual.
       ``(iv) Extension of time.--If the person or other entity in 
     good faith attempts to make an inquiry during the time period 
     specified and the verification system has registered that not 
     all inquiries were received during such time, the person or 
     entity may make an inquiry in the first subsequent working 
     day in which the verification system registers that it has 
     received all inquiries. If the verification system cannot 
     receive inquiries at all times during a day, the person or 
     entity merely has to assert that the entity attempted to make 
     the inquiry on that day for the previous sentence to apply to 
     such an inquiry, and does not have to provide any additional 
     proof concerning such inquiry.
       ``(v) Consequences of nonverification.--

       ``(I) Termination or notification of continued 
     employment.--If the person or other entity has received a 
     final nonverification regarding an individual, the person or 
     entity may terminate employment of the individual (or decline 
     to recruit or refer the individual). If the person or entity 
     does not terminate employment of the individual or proceeds 
     to recruit or refer the individual, the person or entity 
     shall notify the Secretary of Homeland Security of such fact 
     through the verification system or in such other manner as 
     the Secretary may specify.
       ``(II) Failure to notify.--If the person or entity fails to 
     provide notice with respect to an individual as required 
     under subclause (I), the failure is deemed to constitute a 
     violation of subsection (a)(1)(A) with respect to that 
     individual.

       ``(vi) Continued employment after final nonverification.--
     If the person or other entity continues to employ (or to 
     recruit or refer) an individual after receiving final 
     nonverification, a rebuttable presumption is created that the 
     person or entity has violated subsection (a)(1)(A).'';
       (6) by amending paragraph (4) of subsection (b) to read as 
     follows:
       ``(4) Copying and record keeping of documentation 
     required.--
       ``(A) Lawful employment documents.--Notwithstanding any 
     other provision of law, a person or entity shall retain a 
     copy of each document presented by an individual to the 
     individual or entity pursuant to this subsection. Such copy 
     may only be used (except as otherwise permitted under law) 
     for the purposes of complying with the requirements of this 
     subsection and shall be maintained for a time period to be 
     determined by the Secretary of Homeland Security.
       ``(B) Social security correspondence.--A person or entity 
     shall maintain records of correspondence from the 
     Commissioner of Social Security regarding name and number 
     mismatches or no-matches and the steps taken to resolve such 
     mismatches or no-matches. The employer shall maintain such 
     records for a time period to be determined by the Secretary.
       ``(C) Other documents.--The Secretary may, by regulation, 
     require additional documents to be copied and maintained.''; 
     and
       (7) by amending paragraph (5) of subsection (b) to read as 
     follows:
       ``(5) Use of attestation form.--A form designated by the 
     Secretary to be used for compliance with this subsection, and 
     any information contained in or appended to such form, may 
     not be used for purposes other than for enforcement of this 
     chapter or of title 18, United States Code.''.
       (b) Investigation Not a Warrantless Entry.--Section 287(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1357(e)) is 
     amended by adding at the end the following: ``An 
     investigation authorized pursuant to subsections (b)(7) or 
     (e) of section 274A is not a warrantless entry.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 2 years after the date of the enactment of 
     this Act.

     SEC. 413. EXPANSION OF EMPLOYMENT ELIGIBILITY VERIFICATION 
                   SYSTEM TO PREVIOUSLY HIRED INDIVIDUALS AND 
                   RECRUITING AND REFERRING.

       (a) Application to Recruiting and Referring.--Section 274A 
     of the Immigration and Nationality Act (8 U.S.C. 1324a) is 
     amended--
       (1) in subsection (a)(1)(A), by striking ``for a fee'';
       (2) in subsection (a)(1), by amending subparagraph (B) to 
     read as follows:
       ``(B) to hire, continue to employ, or to recruit or refer 
     for employment in the United States an individual without 
     complying with the requirements of subsection (b).'';
       (3) in subsection (a)(2) by striking ``after hiring an 
     alien for employment in accordance with paragraph (1),'' and 
     inserting ``after complying with paragraph (1),''; and
       (4) in subsection (a)(3), as amended by section 702, is 
     further amended by striking ``hiring,'' and inserting 
     ``hiring, employing,'' each place it appears.
       (b) Employment Eligibility Verification for Previously 
     Hired Individuals.--Section 274A(b) of such Act (8 U.S.C. 
     1324a(b)), as amended by section 411(a), is amended by adding 
     at the end the following new paragraph:
       ``(8) Use of employment eligibility verification system for 
     previously hired individuals.--
       ``(A) On a voluntary basis.--Beginning on the date that is 
     2 years after the date of the enactment of the Employment 
     Security Act of 2006 and until the date specified in 
     subparagraph (B)(iii), a person or entity may make an 
     inquiry, as provided in paragraph (7), using the verification 
     system to seek verification of the identity and employment 
     eligibility of any individual employed by the person or 
     entity, as long as it is done on a nondiscriminatory basis.
       ``(B) On a mandatory basis.--
       ``(i) Initial compliance.--A person or entity described in 
     clause (ii) shall make an inquiry as provided in paragraph 
     (7), using the verification system to seek verification of 
     the identity and employment eligibility of all individuals 
     employed by the person or entity who have not been previously 
     subject to an inquiry by the person or entity by the date 3 
     years after the date of the enactment of the Employment 
     Security Act of 2006.
       ``(ii) Person or entity covered.--A person or entity is 
     described in this clause if it is a Federal, State, or local 
     governmental body (including the Armed Forces of the United 
     States), or if it employs individuals working in a location 
     that is a Federal, State, or local government building, a 
     military base, a nuclear energy site, a weapon site, an 
     airport, or that contains critical infrastructure (as defined 
     in section 1016(e) of the Critical Infrastructure Protection 
     Act of 2001 (42 U.S.C. 5195c(e))), but only to the extent of 
     such individuals.
       ``(iii) Subsequent compliance.--All persons and entities 
     other than a person or entity described in clause (ii) shall 
     make an inquiry, as provided in paragraph (7), using the 
     verification system to seek verification of the identity and 
     employment eligibility of all individuals employed by the 
     person or entity that have not been previously subject to an 
     inquiry by the person or entity by the date 6 years after the 
     date of the enactment of the Employment Security Act of 
     2006.''.

     SEC. 414. EXTENSION OF PREEMPTION TO REQUIRED CONSTRUCTION OF 
                   DAY LABORER SHELTERS.

       Paragraph 274A(h)(2) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(2)) is amended--
       (1) by striking ``imposing'', and inserting a dash and 
     ``(A) imposing'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(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.''.

     SEC. 415. BASIC PILOT PROGRAM.

       Section 401(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is 
     amended by striking ``at the end of the 11-year period 
     beginning on the first day the pilot program is in effect'' 
     and inserting ``2 years after the date of the enactment of 
     the Employment Security Act of 2006''.

     SEC. 416. PROTECTION FOR UNITED STATES WORKERS AND 
                   INDIVIDUALS REPORTING IMMIGRATION LAW 
                   VIOLATIONS.

       Section 274B(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324b(a)) is amended by adding at the end the 
     following:
       ``(7) Protection of right to report.--Notwithstanding any 
     other provision of law, the rights protected by this 
     subsection include the right of any individual to report a 
     violation or suspected violation of any immigration law to 
     the Secretary of Homeland Security or a law enforcement 
     agency.''.

[[Page S3064]]

     SEC. 417. PENALTIES.

       (a) Civil and Criminal Penalties.--Section 274A(e)(4) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is 
     amended to read:
       ``(4) Civil and criminal penalties.--
       ``(A) Knowingly hiring unauthorized aliens.--Any person or 
     entity that violates subsection (a)(1)(A) shall--
       ``(i) in the case of a first offense, be fined $10,000 for 
     each unauthorized alien;
       ``(ii) (in the case of a second offense, be fined $50,000 
     for each unauthorized alien; and
       ``(iii) in the case of a third or subsequent offense, be 
     fined in accordance with title 18, United States Code, 
     imprisoned not less than 1 year and not more than 3 years, or 
     both.
       ``(B) Continuing employment of unauthorized aliens.--Any 
     person or entity that violates subsection (a)(2) shall be 
     fined in accordance of title 18, United States Code, 
     imprisoned not less than 1 year and not more than 3 years, or 
     both.''.
       (b) Paperwork or Verification Violations.--Section 
     274A(e)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1324a) is amended to read:
       ``(5) Paperwork or verification violations.--Any person or 
     entity that violates subsection (a)(1)(B) shall--
       ``(A) in the case of a first offense, be fined $1,000 for 
     each violation;
       ``(B) in the case of a second violation, be fined $5,000 
     for each violation; and
       ``(C) in the case of a third and subsequent violation, be 
     fined $10,000 for each such violation.''.
       (c) Government Contracts.--Section 274A(e) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(e)) is 
     amended by adding at the end the following new paragraph:
       ``(10) Government contracts.--
       ``(A) Employers.--
       ``(i) In general.--If the Secretary of Homeland Secretary 
     determines that a person or entity that employs an alien is a 
     repeat violator of this section or is convicted of a crime 
     under this section, such person or entity shall be debarred 
     from the receipt of a Federal contract, grant, or cooperative 
     agreement for a period of 2 years. The Secretary of Homeland 
     Security 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 2-year period.
       ``(ii) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary of Homeland Security and 
     Attorney General, may waive the application of this 
     subparagraph or may limit the duration or scope of the 
     debarment imposed under it.
       ``(iii) Prohibition on judicial review.--Any proposed 
     debarment that is predicated on an administrative 
     determination of liability for civil penalty by the Secretary 
     of Homeland Security or the Attorney General may not be 
     reviewable in any debarment proceeding. The decision of 
     whether to debar or take alternation may not be reviewed by 
     any court.
       ``(B) Contractors and recipients.--
       ``(i) In general.--If the Secretary of Homeland Security 
     determines that a person or entity that employs an alien and 
     holds a Federal contract, grant, or cooperative agreement is 
     a repeat violator of this section or is convicted of a crime 
     under this section, such person or entity shall be debarred 
     from the receipt of a Federal contract, grant, or cooperative 
     agreement for a period of 2 years. Prior to debarring the 
     employer, the Secretary of Homeland Security, in cooperation 
     with the Administrator of General Services, shall advise the 
     head of each agency holding such a contract, grant, or 
     cooperative agreement with person or entity 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.
       ``(ii) Waiver.--After consideration of the views of the 
     head of each such agency, the Secretary of Homeland Security 
     may, in lieu of debarring the employer from the receipt of 
     new a Federal contract, grant, or cooperative agreement for a 
     period of 2 years, waive application of this subparagraph, 
     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.
       ``(iii) Prohibition on review.--Any proposed debarment that 
     is predicated on an administrative determination of liability 
     for civil penalty by the Secretary of Homeland Security or 
     the Attorney General may not be reviewable in any debarment 
     proceeding. The decision of whether to debar or take 
     alternation may not be reviewed by any court.
       ``(C) Cause for suspension.--Indictments for violations of 
     this section or adequate evidence of actions that could form 
     the basis for debarment under this paragraph shall be 
     considered a cause for suspension under the procedures and 
     standards for suspension prescribed by the Federal 
     Acquisition Regulation.
       ``(D) Applicability.--The provisions of this paragraph 
     shall apply to any Federal contract, grant, or cooperative 
     agreement that is effective on or after the date of the 
     enactment of the Employment Security Act of 2006.''.
       (d) Criminal Penalties for Pattern or Practice 
     Violations.--Section 274A(f)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(f)(1)) is amended to read as 
     follows:
       ``(1) Criminal penalty.--Any person or entity engages in a 
     pattern or practice of violations of subsection (a)(1) or (2) 
     shall be fined not more than $50,000 for each unauthorized 
     alien with respect to which such a violation occurs, 
     imprisoned for not less than 3 years and not more than 5 
     years, or both, notwithstanding the provisions of any other 
     Federal law relating to fine levels. The amount of the gross 
     proceeds of such violation, and any property traceable to 
     such proceeds, shall be seized and subject to forfeiture 
     under title 18, United States Code.''.
       (e) Authority of the Secretary of Homeland Security.--
     Subsections (b)(2) and (f)(2) of section 274A of the 
     Immigration and Nationality Act (8 U.S.C. 1324a) are amended 
     by striking ``Attorney General'' each place it appears and 
     inserting ``Secretary of Homeland Security''.
Subtitle C--Work Eligibility Verification Reform in the Social Security 
                             Administration

     SEC. 421. VERIFICATION RESPONSIBILITIES OF THE COMMISSIONER 
                   OF SOCIAL SECURITY.

       The Commissioner of Social Security is authorized to 
     perform activities with respect to carrying out the 
     Commissioner's responsibilities in this title or the 
     amendments made by this title, however in no case shall funds 
     from the Federal Old-Age and Survivors Insurance Trust Fund 
     or the Federal Disability Insurance Trust Fund be used to 
     carry out such responsibilities.

     SEC. 422. NOTIFICATION BY COMMISSIONER OF FAILURE TO CORRECT 
                   SOCIAL SECURITY INFORMATION.

       The Commissioner of Social Security shall promptly notify 
     the Secretary of Homeland Security of the failure of any 
     individual to provide, upon any request of the Commissioner 
     made pursuant to section 205(c)(2) of the Social Security Act 
     (42 U.S.C. 405(c)(2)), evidence necessary, under such section 
     to--
       (1) establish the age, citizenship, immigration or work 
     eligibility status of the individual;
       (2) establish such individual's true identity; or
       (3) determine which (if any) social security account number 
     has previously been assigned to such individual.

     SEC. 423. RESTRICTION ON ACCESS AND USE.

       Section 205(c)(2) of the Social Security Act (42 U.S.C. 
     405(c)(2)) is amended by adding at the end the following new 
     subparagraph:
       ``(I)(i) Access to any information contained in the 
     Employment Eligibility Verification System established 
     section 274A(b)(7) of the Immigration and Nationality Act, 
     shall be prohibited for any purpose other than the 
     administration or enforcement of Federal immigration, social 
     security, and tax laws, any provision of title 18, United 
     States Code, or as otherwise authorized by Federal law.
       ``(ii) No person or entity may use the information in such 
     Employment Eligibility Verification System for any purpose 
     other than as permitted by Federal law.
       ``(iii) Whoever knowingly uses, discloses, publishes, or 
     permits the unauthorized use of information in such 
     Employment Eligibility Verification System in violation of 
     clause (i) or (ii) shall be fined not more than $10,000 per 
     individual injured by such violation. The Commissioner of 
     Social Security shall establish procedure to ensure that 60 
     percent of any fine imposed under this clause is awarded to 
     the individual injured by such violation.''.

     SEC. 424. SHARING OF INFORMATION WITH THE COMMISSIONER OF 
                   INTERNAL REVENUE SERVICE.

       Section 205(c)(2)(H) of the Social Security Act (42 U.S.C. 
     405(c)(2)(H)) is amended to read as follows:
       ``(H) The Commissioner of Social Security shall share with 
     the Secretary of the Treasury--
       ``(i) the information obtained by the Commissioner pursuant 
     to the second sentence of subparagraph (B)(ii) and to 
     subparagraph (C)(ii) for the purpose of administering those 
     sections of the Internal Revenue Code of 1986 that grant tax 
     benefits based on support or residence of children; and
       ``(ii) information relating to the detection of wages or 
     income from self-employment of unauthorized aliens (as 
     defined by section 274A of the Immigration and Nationality 
     Act (8 U.S.C. 1324a)), or the investigation of false 
     statements or fraud by such persons incident to the 
     administration of immigration, social security, or tax laws 
     of the United States.

     Information disclosed under this subparagraph shall be solely 
     for the use of the officers and employees to whom such 
     information is disclosed in such response or 
     investigation.''.

     SEC. 425. SHARING OF INFORMATION WITH THE SECRETARY OF 
                   HOMELAND SECURITY.

       (a) Amendment to the Social Security Act.--Section 
     205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), 
     as amended by section 423, is amended by adding at the end 
     the following new subparagraph:
       ``(J) Upon the issuance of a social security account number 
     under subparagraph (B) to any individual or the issuance of a 
     Social Security card under subparagraph (G) to any 
     individual, the Commissioner of social security shall 
     transmit to the Secretary of Homeland Security such 
     information received by the Commissioner in the individual's 
     application for such number or such card as the Secretary of 
     Homeland Security determines necessary and appropriate for 
     administration of the immigration laws of the United 
     States.''.

[[Page S3065]]

       (b) Amendments to the Immigration and Nationality Act.--
       (1) Forms and procedures.--Section 264(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended 
     to read as follows:
       ``(f) Notwithstanding any other provision of law (including 
     section 6103 of title 26, United States Code), the Secretary 
     of Homeland Security, Secretary of Labor and the Attorney 
     General are authorized to require any individual to provide 
     the individual's own social security account number for 
     purposes of inclusion in any record of the individual 
     maintained by any of any such Secretary or the Attorney 
     General, or for inclusion on any application, document, or 
     form provided under or required by the immigration laws.''.
       (2) Central file.--Section 290(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1360(c)) is amended by striking 
     paragraph (2) and inserting the following new paragraphs:
       ``(2) Notwithstanding any other provision of law (including 
     section 6103 of title 26, United States Code) if earnings are 
     reported on or after January 1, 1997, to the Commissioner of 
     Social Security on a social security account number issued to 
     an alien who is not authorized to work in the United States, 
     the Commissioner shall provide the Secretary of Homeland 
     Security with information regarding the name, date of birth, 
     and address of the alien, the name and address of the person 
     reporting the earnings, and the amount of the earnings. The 
     information shall be provided in an electronic form agreed 
     upon by the Commissioner and the Secretary.
       ``(3) Notwithstanding any other provision of law (including 
     section 6103 of title 26, United States Code), the 
     Commissioner of Social Security shall provide the Secretary 
     of Homeland Security information regarding the name, date of 
     birth, and address of an individual, as well as the name and 
     address of the person reporting the earnings, in any case 
     where a social security account number does not match the 
     name in the Social Security Administration record. The 
     information shall be provided in an electronic form agreed 
     upon by the Commissioner and the Secretary for the sole 
     purpose of enforcing the immigration laws. The Secretary, in 
     consultation with the Commissioner, may limit or modify these 
     requirements as appropriate to identify those cases posing 
     the highest possibility of fraudulent use of social security 
     account numbers related to violation of the immigration laws.
       ``(4) Notwithstanding any other provision of law (including 
     section 6103 of title 26, United States Code), the 
     Commissioner of Social Security shall provide the Secretary 
     of Homeland Security information regarding the name, date of 
     birth, and address of an individual, as well as the name and 
     address of the person reporting the earnings, in any case 
     where the individual has more than one person reporting 
     earnings for the individual during a single tax year and 
     where a social security number was used with multiple names. 
     The information shall be provided in an electronic form 
     agreed upon by the Commissioner and the Secretary for the 
     sole purpose of enforcing the immigration laws. The 
     Secretary, in consultation with the Commissioner, may limit 
     or modify these requirements as appropriate to identify those 
     cases posing the highest possibility of fraudulent use of 
     social security account numbers related to violation of the 
     immigration laws.
       ``(5)(A) The Commissioner of Social Security shall perform, 
     at the request of the Secretary of Homeland Security, any 
     search or manipulation of records held by the Commissioner, 
     so long as the Secretary certifies that the purpose of the 
     search or manipulation is to obtain information likely to 
     assist in identifying individuals (and their employers) who--
       ``(i) are using false names or social security numbers; who 
     are sharing among multiple individuals a single valid name 
     and social security number;
       ``(ii) are using the social security number of persons who 
     are deceased, too young to work or not authorized to work; or
       ``(iii) are otherwise engaged in a violation of the 
     immigration laws.
       ``(B) The Commissioner shall provide the results of such 
     search or manipulation to the Secretary, notwithstanding any 
     other provision of law (including section 6103 of title 26, 
     United States Code). The Secretary shall transfer to the 
     Commissioner the funds necessary to cover the additional cost 
     directly incurred by the Commissioner in carrying out the 
     searches or manipulations reported by the Secretary.''.
                   Subtitle D--Sharing of Information

     SEC. 431. SHARING OF INFORMATION WITH THE SECRETARY OF 
                   HOMELAND SECURITY AND THE COMMISSIONER OF 
                   SOCIAL SECURITY.

       (a) Amendment to the Internal Revenue Code of 1986.--
     Section 6103(i) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new paragraph:
       ``(9) Disclosure of information relating to violations of 
     federal immigration law.--
       ``(A) Upon receipt by the Secretary of the Treasury of a 
     written request, by the Secretary of Homeland Security or 
     Commissioner of Social Security, the Secretary of the 
     Treasury shall disclose return information to officers and 
     employees of the Department of Homeland Security and the 
     Social Security Administration who are personally and 
     directly engaged in--
       ``(i) preparation for any judicial or administrative civil 
     or criminal enforcement proceeding against an alien under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     other than the adjudication of any application for a change 
     in immigration status or other benefit by such alien, or
       ``(ii) preparation for a civil or criminal enforcement 
     proceeding against a citizen or national of the United States 
     under section 274, 274A, or 274C of the Immigration and 
     Nationality Act (8 U.S.C. 1324, 1324a, or 1324c), or
       ``(iii) any investigation which may result in the 
     proceedings enumerated in clauses (i) and (ii) above.
       ``(B) Limitation on use and retention of tax return 
     information.--
       ``(i) Information disclosed under this paragraph shall be 
     solely for the use of the officers and employees to whom such 
     information is disclosed in such response or investigation.
       ``(ii) Should the proceeding for which such information has 
     been disclosed not commence within 3 years after the date on 
     which the information has been disclosed by the Secretary, 
     the information shall be returned to the Secretary in its 
     entirety, and shall not be retained in any form by the 
     requestor, unless the taxpayer is notified in writing as to 
     the information that has been retained.''.
       (b) Amendment to the Immigration and Nationality Act.--
     Section 274A of the Immigration and Nationality Act (8 U.S.C. 
     1324a) is amended by adding at the end the following new 
     subsection:
       ``(i) No-Match Notice.--
       ``(1) No-match notice defined.--In this subsection, the 
     term `no-match notice' means a 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.
       ``(2) Provision of information.--
       ``(A) Requirement to provide.--Notwithstanding any other 
     provision of law (including section 6103 of title 26, United 
     States Code), the Commissioner shall provide the Secretary of 
     Homeland Security with information relating to employers who 
     have received no-match notices and, upon request, with such 
     additional information as the Secretary certifies is 
     necessary to administer or enforce the immigration laws.
       ``(B) Form of information.--The information shall be 
     provided in an electronic form agreed upon by the 
     Commissioner and the Secretary.
       ``(C) Use of information.--A no-match notice received by 
     the Secretary from the Commissioner may be used as evidence 
     in any civil or criminal proceeding.
       ``(3) Other authorities.--
       ``(A) Verification requirement.--The Secretary, in 
     consultation with the Commissioner, is authorized to 
     establish by regulation requirements for verifying the 
     identity and work authorization of an employee who is the 
     subject of a no-match notice.
       ``(B) Penalties.--The Secretary is authorized to establish 
     by regulation penalties for failure to comply with this 
     subsection.
       ``(C) Limitation on authorities.--This authority in this 
     subsection is provided in aid of the Secretary's authority to 
     administer and enforce the immigration laws, and nothing in 
     this subsection shall be construed to authorize the Secretary 
     to establish any regulation regarding the administration or 
     enforcement of laws otherwise relating to taxation or the 
     Social Security system.''.
             Subtitle E--Identification Document Integrity

     SEC. 441. CONSULAR IDENTIFICATION DOCUMENTS.

       (a) Acceptance of Foreign Identification Documents.--
       (1) In general.--Subject to paragraph (3), for purposes of 
     personal identification, no agency, commission, entity, or 
     agent of the executive or legislative branches of the Federal 
     Government may accept, acknowledge, recognize, or rely on any 
     identification document issued by the government of a foreign 
     country, unless otherwise mandated by Federal law.
       (2) Agent defined.--In this section, the term ``agent'' 
     shall include the following:
       (A) A Federal contractor or grantee.
       (B) An institution or entity exempted from Federal income 
     taxation under the Internal Revenue Code of 1986.
       (C) A financial institution required to ask for 
     identification under section 5318(l) of title 31, United 
     States Code.
       (3) Exceptions.--
       (A) In general.--An individual who is not a citizen or 
     national of the United States may present for purposes of 
     personal identification an official identification document 
     issued by the government of a foreign country or other 
     foreign identification document recognized pursuant to a 
     treaty entered into by the United States, if--
       (i) such individual simultaneously presents valid 
     verifiable documentation of lawful presence in the United 
     States issued by the appropriate agency of the Federal 
     Government;
       (ii) reporting a violation of law or seeking government 
     assistance in an emergency;
       (iii) the document presented is a passport issued to a 
     citizen or national of a country that participates in the 
     visa waiver program established under section 217 of the 
     Immigration and Nationality Act (8 U.S.C. 1187) by the 
     government of such country; or
       (iv) such use is expressly permitted another provision of 
     Federal law.
       (B) Nonapplication.--The provisions of paragraph (1) shall 
     not apply to--
       (i) inspections of alien applicants for admission to the 
     United States; or

[[Page S3066]]

       (ii) verification of personal identification of persons 
     outside the United States.
       (4) Listing of acceptable documents.--The Secretary of 
     Homeland Security shall issue and maintain an updated public 
     listing, compiled in consultation with the Secretary of 
     State, and including sample facsimiles, of all acceptable 
     Federal documents that satisfy the requirements of paragraph 
     (3)(A).
       (b) Establishment of Personal Identity.--Section 274C(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1324c(a)) is 
     amended--
       (1) in paragraph (5), by striking ``or'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting a comma and ``or''; and
       (3) by inserting after paragraph (6) the following new 
     paragraph:
       ``(7) to use to establish personal identity, before any 
     agent of the Federal Government, or before any agency of the 
     Federal Government or of a State or any political subdivision 
     therein, a travel or identification document issued by a 
     foreign government that is not accepted by the Secretary of 
     Homeland Security to establish personal identity for purposes 
     of admission to the United States at a port of entry, 
     except--
       ``(A) in the case of a person who is not a citizen of the 
     United States--
       ``(i) the person simultaneously presents valid verifiable 
     documentation of lawful presence in the United States issued 
     by an agency of the Federal Government;
       ``(ii) the person is reporting a violation of law or 
     seeking government assistance in an emergency; or
       ``(iii) such use is expressly permitted by Federal law.''.

     SEC. 442. MACHINE-READABLE TAMPER-RESISTANT IMMIGRATION 
                   DOCUMENTS.

       (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) in the heading, by striking ``ENTRY AND EXIT 
     DOCUMENTS'' and inserting ``TRAVEL, ENTRY, AND EVIDENCE OF 
     STATUS DOCUMENTS'';
       (2) in subsection (b)(1)--
       (A) by striking ``Not later than October 26, 2004, the 
     Attorney General'' and inserting ``The Secretary of Homeland 
     Security''; and
       (B) by striking ``visas and'' each place it appears and 
     inserting ``visas, evidence of status, and'';
       (3) by striking subsection (d) and inserting 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 immigrant, nonimmigrant, parole, asylee, or refugee 
     status, shall be machine-readable, tamper-resistant, and 
     incorporate a biometric identifier to allow the Secretary of 
     Homeland Security to electronically verify the identity and 
     status of the alien.
       ``(e) Funding.--
       ``(1) Authorization of appropriation.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section, including reimbursements to international and 
     domestic standards organizations.
       ``(2) Fee.--During any fiscal year for which appropriations 
     sufficient to issue documents described in subsection (d) are 
     not made pursuant to law, the Secretary of Homeland Security 
     is authorized to implement and collect a fee sufficient to 
     cover the direct cost of issuance of such document from the 
     alien to whom the document will be issued.
       ``(3) Exception.--The fee described in paragraph (2) may 
     not be levied against nationals of a foreign country if the 
     Secretary of Homeland has determined that the total estimated 
     population of such country who are unlawfully present in the 
     United States does not exceed 3,000 aliens.''.
       (b) Technical Amendment.--The table of contents in section 
     1(b) of the Enhanced Border Security and Visa Entry Reform 
     Act of 2002 (Public Law 107-173; 116 Stat. 543) is amended by 
     striking the item relating to section 303 and inserting the 
     following:

``Sec. 303. Machine-readable, tamper-resistant travel, entry, and 
              evidence of status documents.''.
      Subtitle F--Effective Date; Authorization of Appropriations

     SEC. 451. EFFECTIVE DATE.

       Except as otherwise specially provided in this Act, the 
     provisions of this title shall take effect not later than 45 
     days after the date of the enactment of this Act.

     SEC. 452. AUTHORIZATION OF APPROPRIATIONS.

       In addition to amounts otherwise authorized to be 
     appropriated, there are authorized to be appropriated such 
     sums as may be necessary for each of fiscal years 2007 
     through 2011 to carry out this title.
                   TITLE V--PENALTIES AND ENFORCEMENT
                Subtitle A--Criminal and Civil Penalties

     SEC. 501. ALIEN SMUGGLING AND RELATED OFFENSES.

       (a) In General.--Section 274 of the Immigration and 
     Nationality Act (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.--Whoever--
       ``(A) assists, encourages, directs, or induces a person to 
     come to or enter the United States, or to attempt to come to 
     or enter the United States, knowing or in reckless disregard 
     of the fact that such person is an alien who lacks lawful 
     authority to come to or enter the United States;
       ``(B) assists, encourages, directs, or induces a person to 
     come to or enter 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, regardless of whether 
     such person has official permission or lawful authority to be 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien;
       ``(C) assists, encourages, directs, or induces a person to 
     reside in or remain in the United States, or to attempt to 
     reside in or remain in the United States, knowing or in 
     reckless disregard of the fact that such person is an alien 
     who lacks lawful authority to reside in or remain in the 
     United States;
       ``(D) 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, where the transportation or movement will aid 
     or further in any manner the person's illegal entry into or 
     illegal presence in the United States;
       ``(E) 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;
       ``(F) 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 one country to another or on the 
     high seas, under circumstances in which the person is in fact 
     seeking to enter the United States without official 
     permission or lawful authority; or
       ``(G) conspires or attempts to commit any of the preceding 
     acts,
     shall be punished as provided in paragraph (2), regardless of 
     any official action which may later be taken with respect to 
     such alien.
       ``(2) Criminal penalties.--A person who violates the 
     provisions of paragraph (1) shall--
       ``(A) except as provided in subparagraphs (D) through (H), 
     in the case where the offense was not committed for 
     commercial advantage, profit, or private financial gain, be 
     imprisoned for not more than 5 years, or fined under title 
     18, United States Code, or both;
       ``(B) except as provided in subparagraphs (C) through (H), 
     where the offense was committed for commercial advantage, 
     profit, or private financial gain--
       ``(i) in the case of a first violation of this 
     subparagraph, be imprisoned for not more than 20 years, or 
     fined under title 18, United States Code, or both; and
       ``(ii) for any subsequent violation, be imprisoned for not 
     less than 3 years nor more than 20 years, or fined under 
     title 18, United States Code, or both;
       ``(C) in the case where the offense was committed for 
     commercial advantage, profit, or private financial gain and 
     involved 2 or more aliens other than the offender, be 
     imprisoned for not less than 3 nor more than 20 years, or 
     fined under title 18, United States Code, or both;
       ``(D) in the case where the offense furthers or aids the 
     commission of any other offense against the United States or 
     any State, which offense is punishable by imprisonment for 
     more than 1 year, be imprisoned for not less than 5 nor more 
     than 20 years, or fined under title 18, United States Code, 
     or both;
       ``(E) in the case where any participant in the offense 
     created a substantial risk of death or serious bodily injury 
     to another person, including--
       ``(i) transporting a person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting a person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting or harboring a person in a crowded, 
     dangerous, or inhumane manner,

     be imprisoned not less than 5 nor more than 20 years, or 
     fined under title 18, United States Code, or both;
       ``(F) in the case where the offense caused serious bodily 
     injury (as defined in section 1365 of title 18, United States 
     Code, including any conduct that would violate sections 2241 
     or 2242 of title 18, United States Code, if the conduct 
     occurred in the special maritime and territorial jurisdiction 
     of the United States) to any person, be imprisoned for not 
     less than 7 nor more than 30 years, or fined under title 18, 
     United States Code, or both;
       ``(G) in the case where the offense involved an alien who 
     the offender knew or had reason to believe was an alien--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in such terrorist activity,
     be imprisoned for not less than 10 nor more than 30 years, or 
     fined under title 18, United States Code, or both; and
       ``(H) in the case where the offense caused or resulted in 
     the death of any person, be punished by death or imprisoned 
     for not less than 10 years, or any term of years, or for 
     life, or fined under title 18, United States Code, or both.
       ``(3) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Employment of Unauthorized Aliens.--
       ``(1) In general.--Any person who, during any 12-month 
     period, knowingly hires for

[[Page S3067]]

     employment at least 10 individuals with actual knowledge that 
     the individuals are aliens described in paragraph (2), shall 
     be fined under title 18, United States Code, imprisoned for 
     not more than 5 years, or both.
       ``(2) Alien described.--A alien described in this paragraph 
     is an alien who--
       ``(A) is an unauthorized alien (as defined in section 
     274A(h)(3)); and
       ``(B) has been brought into the United States in violation 
     of subsection (a).
       ``(c) Seizure and Forfeiture.--
       ``(1) In general.--Any property, real or personal, that has 
     been 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, including section 981(d) of such title, except 
     that such duties as are imposed upon the Secretary of the 
     Treasury under the customs laws described in that section 
     shall be performed by such officers, agents, and other 
     persons as may be designated for that purpose by the 
     Secretary of Homeland Security.
       ``(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 officers and employees 
     designated by the Secretary of Homeland Security, either 
     individually or as a member of a class, and all other 
     officers whose duty it is to enforce criminal laws.
       ``(e) Admissibility of Evidence.--
       ``(1) Prima facie evidence in determinations of 
     violations.--Notwithstanding any provision of the Federal 
     Rules of Evidence, in determining whether a violation of 
     subsection (a) has occurred, any of the following shall be 
     prima facie evidence that an alien involved in the violation 
     lacks lawful authority to come to, enter, reside, remain, or 
     be in the United States or that such alien had come to, 
     entered, resided, remained or been present in the United 
     States in violation of law:
       ``(A) Any order, finding, or determination concerning the 
     alien's status or lack thereof made by a federal judge or 
     administrative adjudicator (including an immigration judge or 
     an immigration officer) during any judicial or administrative 
     proceeding authorized under the immigration laws or 
     regulations prescribed thereunder.
       ``(B) An official record of the Department of Homeland 
     Security, Department of Justice, or the Department of State 
     concerning the alien's status or lack thereof.
       ``(C) Testimony by an immigration officer having personal 
     knowledge of the facts concerning the alien's status or lack 
     thereof.
       ``(2) Videotaped 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 the witness was 
     available for cross examination at the deposition and the 
     deposition otherwise complies with the Federal Rules of 
     Evidence.
       ``(f) Definitions.--For purposes of this section:
       ``(1) The term `lawful authority' means permission, 
     authorization, or license that is expressly provided for in 
     the immigration laws of the United States or the regulations 
     prescribed thereunder. Such term does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law, nor does it include authority that has been sought 
     but not approved. No alien shall be deemed to have lawful 
     authority to come to, enter, reside, remain, or be in the 
     United States if such coming to, entry, residence, remaining, 
     or presence was, is, or would be in violation of law.
       ``(2) 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 or 
     to which the alien is traveling or moving.''.
       (b) Clerical Amendment.--The item relating to section 274 
     in the table of contents of such Act is amended to read as 
     follows:

``Sec. 274. Alien smuggling and related offenses.''.

     SEC. 502. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, 
                   REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.

       (a) Prohibition.--
       (1) In general.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end a new section as 
     follows:

     ``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--
       ``(1) 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; or
       ``(2) intentionally violates an arrival, reporting, entry, 
     or clearance requirement of--
       ``(A) section 107 of the Federal Plant Pest Act (7 U.S.C. 
     105ff);
       ``(B) section 10 of the Act of August 20, 1912 (7 U.S.C. 
     164(a));
       ``(C) section 7 of the Federal Noxious Weed Act of 1974 (7 
     U.S.C. 2806);
       ``(D) the Agriculture and Food Act of 1981 (Public Law 97-
     98; 95 Stat. 1213);
       ``(E) section 431, 433, 434, or 459 of the Tariff Act of 
     1930 (19 U.S.C. 1431, 1433, 1434, and 1459);
       ``(F) section 10 of the Act of August 20, 1890 (21 U.S.C. 
     105);
       ``(G) section 2 of the Act of February 2, 1903 (21 U.S.C. 
     111);
       ``(H) section 4197 of the Revised Statutes (46 U.S.C. App. 
     91); or
       ``(I) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       ``(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 5 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.''.
       (2) 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.''.
       (b) 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.''.

     SEC. 503. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS.

       (a) In General.--Section 275 of the Immigration and 
     Nationality Act (8 U.S.C. 1325) is amended--
       (1) in the section heading, by inserting ``UNLAWFUL 
     PRESENCE;'' after ``IMPROPER TIME OR PLACE;'';
       (2) in subsection (a)--
       (A) by striking ``Any alien'' and inserting ``Except as 
     provided in subsection (b), any alien'';
       (B) by striking ``or'' before (3);
       (C) by inserting after ``concealment of a material fact,'' 
     the following: ``or (4) is otherwise present in the United 
     States in violation of the immigration laws or the 
     regulations prescribed thereunder,''; and
       (D) by striking ``6 months'' and inserting ``one year'';
       (3) by amending subsection (c) to read as follows:
       ``(c)(1) Whoever--
       ``(A) knowingly enters into a marriage for the purpose of 
     evading any provision of the immigration laws; or
       ``(B) knowingly misrepresents the existence or 
     circumstances of a marriage--
       ``(i) in an application or document arising under or 
     authorized by the immigration laws of the United States or 
     the regulations prescribed thereunder, or
       ``(ii) 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 title 18, United States Code, or 
     imprisoned not more than 10 years, or both.
       ``(2) Whoever--
       ``(A) knowingly enters into two or more marriages for the 
     purpose of evading any provision of the immigration laws; or
       ``(B) knowingly arranges, supports, or facilitates two or 
     more marriages designed or intended to evade any provision of 
     the immigration laws;
     shall be fined under title 18, United States Code, imprisoned 
     not less than 2 years nor more than 20 years, or both.
       ``(3) An offense under this subsection continues until the 
     fraudulent nature of the marriage or marriages is discovered 
     by an immigration officer.
       ``(4) For purposes of this section, the term `proceeding' 
     includes an adjudication, interview, hearing, or review.''
       (4) in subsection (d)--

[[Page S3068]]

       (A) by striking ``5 years'' and inserting ``10 years'';
       (B) by adding at the end the following: ``An offense under 
     this subsection continues until the fraudulent nature of the 
     commercial enterprise is discovered by an immigration 
     officer.''; and
       (5) by adding at the end the following new subsections:
       ``(e)(1) Any alien described in paragraph (2)--
       ``(A) shall be fined under title 18, United States Code, 
     imprisoned not more than 10 years, or both, if the offense 
     described in such paragraph was committed subsequent to a 
     conviction or convictions for commission of three or more 
     misdemeanors involving drugs, crimes against the person, or 
     both, or a felony;
       ``(B) whose violation was subsequent to conviction for a 
     felony for which the alien received a sentence of 30 months 
     or more, shall be fined under title 18, United States Code, 
     imprisoned not more than 10 years, or both; or
       ``(C) whose violation was subsequent to conviction for a 
     felony for which the alien received a sentence of 60 months 
     or more, shall be fined under title 18, United States Code, 
     imprisoned not more than 20 years, or both.
       ``(2) An alien described in this paragraph is an alien 
     who--
       ``(A) enters or attempts to enter the United States at any 
     time or place other than as designated by immigration 
     officers;
       ``(B) eludes examination or inspection by immigration 
     officers;
       ``(C) attempts to enter or obtains entry to the United 
     States by a willfully false or misleading representation or 
     the willful concealment of a material fact; or
       ``(D) is otherwise present in the United States in 
     violation of the immigration laws or the regulations 
     prescribed thereunder.
       ``(3) The prior convictions in subparagraph (A), (B), or 
     (C) of paragraph (1) are elements of those crimes and the 
     penalties in those subparagraphs shall apply only in cases in 
     which the conviction (or convictions) that form the basis for 
     the additional penalty are alleged in the indictment or 
     information and are proven beyond a reasonable doubt at trial 
     or admitted by the defendant in pleading guilty. Any 
     admissible evidence may be used to show that the prior 
     conviction is a qualifying crime, and the criminal trial for 
     a violation of this section shall not be bifurcated.
       ``(4) An offense under subsection (a) or paragraph (1) of 
     this subsection continues until the alien is discovered 
     within the United States by immigration officers.
       ``(f) For purposes of this section, the term `attempts to 
     enter' refers to the general intent of the alien to enter the 
     United States and does not refer to the intent of the alien 
     to violate the law.''.
       (b) Rule of Construction.--Nothing in the amendment made by 
     subsection (a) may be construed to limit the authority of any 
     State or political subdivision therein to enforce criminal 
     trespass laws against aliens whom a law enforcement agency 
     has verified to be present in the United States in violation 
     of this Act or the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.).

     SEC. 504. FEES AND EMPLOYER COMPLIANCE FUND.

       (a) Equal Access to Justice Fees.--Section 286 of the 
     Immigration and Nationality Act (8 U.S.C. 1356) is amended by 
     adding at the end the following new subsection:
       ``(w) Fees and Costs.--The provisions of section 2412, 
     title 28, United States Code, shall not apply to civil 
     actions arising under or related to the immigration laws, 
     including any action under--
       ``(1) any provision of title 5, United States Code;
       ``(2) any application for a writ of habeas corpus under 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision; or
       ``(3) any action under section 1361 or 1651 of title 28, 
     United States Code, that involves or is related to the 
     enforcement or administration of the immigration laws with 
     respect to any person or entity.''.
       (b) Employer Compliance Fund.--
       (1) Establishment.--Section 286 of the Immigration and 
     Nationality Act (8 U.S.C. 1356), as amended by subsection 
     (a), is further amended by adding at the end the following 
     new subsection:
       ``(x) 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 monetary penalties collected by 
     the Secretary of Homeland Security under section 274A.
       ``(3) Use of funds.--Amounts deposited into the Fund shall 
     be used by the Secretary of Homeland Security for the 
     purposes of enhancing employer compliance with section 274A, 
     compliance training, and outreach.
       ``(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.''.
       (2) Conforming amendment.--Section 274A of the Immigration 
     and Nationality Act (8 U.S.C. 1324a), as amended by section 
     431(b), is further amended by adding at the end the following 
     new subsection:
       ``(j) Deposits of Amounts Received.--Amounts collected 
     under this section shall be deposited by the Secretary of 
     Homeland Security into the Employer Compliance Fund 
     established under section 286(x).''.

     SEC. 505. REENTRY OF REMOVED ALIEN.

       (a) In General.--Section 276 of the Immigration and 
     Nationality Act (8 U.S.C. 1326) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking all that follows ``United 
     States'' the first place it appears and inserting a comma;
       (B) in the matter following paragraph (2), by striking 
     ``imprisoned not more than 2 years,'' and inserting 
     ``imprisoned for a term of not less than 1 year and not more 
     than 2 years,''; and
       (C) by adding at the end the following: ``It shall be an 
     affirmative defense to an offense under this subsection that 
     (A) prior to an alien's reembarkation at a place outside the 
     United States or an alien's application for admission from 
     foreign contiguous territory, the Secretary of Homeland 
     Security has expressly consented to the alien's reapplying 
     for admission; or (B) with respect to an alien previously 
     denied admission and removed, such alien was not required to 
     obtain such advance consent under this Act or any prior 
     Act.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``imprisoned not more 
     than 10 years,'' and insert ``imprisoned for a term of not 
     less than 5 years and not more than 10 years,'';
       (B) in paragraph (2), by striking ``imprisoned not more 
     than 20 years,'' and insert ``imprisoned for a term of not 
     less than 10 years and not more than 20 years,'';
       (C) in paragraph (3), by striking ``. or'' and inserting 
     ``; or'';
       (D) in paragraph (4), by striking ``imprisoned for not more 
     than 10 years,'' and insert ``imprisoned for a term of not 
     less than 5 years and not more than 10 years,''; and
       (E) by adding at the end the following: ``The prior 
     convictions in paragraphs (1) and (2) are elements of 
     enhanced crimes and the penalties under such paragraphs shall 
     apply only where the conviction (or convictions) that form 
     the basis for the additional penalty are alleged in the 
     indictment or information and are proven beyond a reasonable 
     doubt at trial or admitted by the defendant in pleading 
     guilty. Any admissible evidence may be used to show that the 
     prior conviction is a qualifying crime and the criminal trial 
     for a violation of either such paragraph shall not be 
     bifurcated.'';
       (3) in subsections (b)(3), (b)(4), and (c), by striking 
     ``Attorney General'' and inserting ``Secretary of Homeland 
     Security'' each place it appears;
       (4) in subsection (c)--
       (A) by inserting ``(as in effect before the effective date 
     of the amendments made by section 305 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-597)), or 
     removed under section 241(a)(4),'' after ``242(h)(2)'';
       (B) by striking ``(unless the Attorney General has 
     expressly consented to such alien's reentry)'';
       (C) by inserting ``or removal'' after ``time of 
     deportation''; and
       (D) by inserting ``or removed'' after ``reentry of 
     deported'';
       (5) in subsection (d)--
       (A) in the matter before paragraph (1), by striking 
     ``deportation order'' and inserting ``deportation or removal 
     order''; and
       (B) in paragraph (2), by inserting ``or removal'' after 
     ``deportation''; and
       (6) by adding at the end the following new subsection:
       ``(e) For purposes of this section, the term `attempts to 
     enter' refers to the general intent of the alien to enter the 
     United States and does not refer to the intent of the alien 
     to violate the law.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to criminal proceedings involving aliens who 
     enter, attempt to enter, or are found in the United States, 
     after such date.

     SEC. 506. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT FRAUD, 
                   BENEFIT FRAUD, AND FALSE CLAIMS OF CITIZENSHIP.

       (a) Civil Penalties for Document Fraud.--Section 274C(d)(3) 
     of the Immigration and Nationality Act (8 U.S.C. 1324c(d)(3)) 
     is amended--
       (1) in subparagraph (A), by striking ``$250 and not more 
     than $2,000'' and inserting ``$500 and not more than 
     $4,000''; and
       (2) in subparagraph (B), by striking ``$2,000 and not more 
     than $5,000'' and inserting ``$4,000 and not more than 
     $10,000''.
       (b) Fraud and False Statements.--Chapter 47 of title 18, 
     United States Code, is amended--
       (1) in section 1015, by striking ``not more than 5 years'' 
     and inserting ``not more than 10 years''; and
       (2) in section 1028(b)--
       (A) in paragraph (1), by striking ``15 years'' and 
     inserting ``20 years'';
       (B) in paragraph (2), by striking ``5 years'' and inserting 
     ``6 years'';
       (C) in paragraph (3), by striking ``20 years'' and 
     inserting ``25 years''; and
       (D) in paragraph (6), by striking ``one year'' and 
     inserting ``2 years''.
       (c) Document Fraud.--Section 1546 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``not more than 25 years'' and inserting 
     ``not less than 25 years''

[[Page S3069]]

       (B) by inserting ``and if the terrorism offense resulted in 
     the death of any person, shall be punished by death or 
     imprisoned for life,'' after ``section 2331 of this 
     title)),'';
       (C) by striking ``20 years'' and inserting ``imprisoned not 
     more than 40 years'';
       (D) by striking ``10 years'' and inserting ``imprisoned not 
     more than 20 years''; and
       (E) by striking ``15 years'' and inserting ``imprisoned not 
     more than 25 years''; and
       (2) in subsection (b), by striking ``5 years'' and 
     inserting ``10 years''.
       (d) Crimes of Violence.--
       (1) In general.--Title 18, United States Code, is amended 
     by inserting after chapter 51 the following:

                      ``CHAPTER 52--ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for certain crimes committed by illegal 
              aliens.

     ``Sec. 1131. Enhanced penalties for certain crimes committed 
       by illegal aliens

       ``(a) Any alien unlawfully present in the United States, 
     who commits, or conspires or attempts to commit, a crime of 
     violence or a drug trafficking crime (as such terms are 
     defined in section 924), shall be fined under this title and 
     sentenced to not less than 5 years in prison.
       ``(b) If an alien who violates subsection (a) was 
     previously ordered removed under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of 
     having committed a crime, the alien shall be sentenced to not 
     less than 15 years in prison.
       ``(c) A sentence of imprisonment imposed under this section 
     shall run consecutively to any other sentence of imprisonment 
     imposed for any other crime.''.
       (2) Clerical amendment.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 51 
     the following:

``52. Illegal aliens............................................1131''.

     SEC. 507. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS 
                   PARTICIPATING IN CRIMINAL STREET GANGS.

       (a) Inadmissible.--Section 212(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at 
     the end the following:
       ``(J) Criminal street gang participation.--
       ``(i) In general.--Any alien is inadmissible if--

       ``(I) the alien has been removed under section 
     237(a)(2)(F); or
       ``(II) the consular officer or the Secretary of Homeland 
     Security knows, or has reasonable ground to believe that the 
     alien--

       ``(aa) is a member of a criminal street gang and has 
     committed, conspired, or threatened to commit, or seeks to 
     enter the United States to engage solely, principally, or 
     incidentally in, a gang crime or any other unlawful activity; 
     or
       ``(bb) is a member of a criminal street gang designated 
     under section 219A.
       ``(ii) Definitions.--In this subparagraph:

       ``(I) Criminal street gang.--The term `criminal street 
     gang' means an ongoing group, club organization or informal 
     association of 5 or more persons who engage, or have engaged 
     within the past 5 years in a continuing series of 3 or more 
     gang crimes (1 of which is a crime of violence, as defined in 
     section 16 of title 18, United States Code).
       ``(II) Gang crime.--The term `gang crime' means conduct 
     constituting any Federal or State crime, punishable by 
     imprisonment for 1 year or more, in any of the following 
     categories:

       ``(aa) A crime of violence (as defined in section 16 of 
     title 18, United States Code).
       ``(bb) A crime involving obstruction of justice, tampering 
     with or retaliating against a witness, victim, or informant, 
     or burglary.
       ``(cc) A crime involving the manufacturing, importing, 
     distributing, possessing with intent to distribute, or 
     otherwise dealing in a controlled substance or listed 
     chemical (as those terms are defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)).
       ``(dd) Any conduct punishable under section 844 of title 
     18, United States Code (relating to explosive materials), 
     subsection (d), (g)(1) (where the underlying conviction is a 
     violent felony (as defined in section 924(e)(2)(B) of such 
     title) or is a serious drug offense (as defined in section 
     924(e)(2)(A)), (i), (j), (k), (o), (p), (q), (u), or (x) of 
     section 922 of such title (relating to unlawful acts), or 
     subsection (b), (c), (g), (h), (k), (l), (m), or (n) of 
     section 924 of such title (relating to penalties), section 
     930 of such title (relating to possession of firearms and 
     dangerous weapons in Federal facilities), section 931 of such 
     title (relating to purchase, ownership, or possession of body 
     armor by violent felons), sections 1028 and 1029 of such 
     title (relating to fraud and related activity in connection 
     with identification documents or access devices), section 
     1952 of such title (relating to interstate and foreign travel 
     or transportation in aid of racketeering enterprises), 
     section 1956 of such title (relating to the laundering of 
     monetary instruments), section 1957 of such title (relating 
     to engaging in monetary transactions in property derived from 
     specified unlawful activity), or sections 2312 through 2315 
     of such title (relating to interstate transportation of 
     stolen motor vehicles or stolen property).
       ``(ee) Any conduct punishable under section 274 (relating 
     to bringing in and harboring certain aliens), section 277 
     (relating to aiding or assisting certain aliens to enter the 
     United States), or section 278 (relating to importation of 
     alien for immoral purpose) of this Act.''.
       (b) Deportable.--Section 237(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at 
     the end the following:
       ``(F) Criminal street gang participation.--
       ``(i) In general.--An alien is deportable if the alien--

       ``(I) is a member of a criminal street gang and is 
     convicted of committing, or conspiring, threatening, or 
     attempting to commit, a gang crime; or
       ``(II) is determined by the Secretary of Homeland Security 
     to be a member of a criminal street gang designated under 
     section 219A.

       ``(ii) Definitions.--For purposes of this subparagraph, the 
     terms `criminal street gang' and `gang crime' have the 
     meaning given such terms in section 212(a)(2)(J)(ii).''.
       (c) Designation of Criminal Street Gangs.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 219A. DESIGNATION OF CRIMINAL STREET GANGS.

       ``(a) Designation.--
       ``(1) In general.--The Attorney General is authorized to 
     designate a group or association as a criminal street gang in 
     accordance with this subsection if the Attorney General finds 
     that the group or association meets the criteria described in 
     section 212(a)(2)(J)(ii)(I).
       ``(2) Procedure.--
       ``(A) Notice.--
       ``(i) To congressional leaders.--Seven days before making a 
     designation under this subsection, the Attorney General 
     shall, by classified communication, notify the Speaker and 
     Minority Leader of the House of Representatives, the 
     President pro tempore, Majority Leader, and Minority Leader 
     of the Senate, and the members of the relevant committees, in 
     writing, of the intent to designate a group or association 
     under this subsection, together with the findings made under 
     paragraph (1) with respect to that group or association, and 
     the factual basis therefore.
       ``(ii) Publication in federal register.--The Attorney 
     General shall publish the designation in the Federal Register 
     7 days after providing the notification under clause (i).
       ``(B) Effect of designation.--A designation under this 
     subsection shall take effect upon publication under 
     subparagraph (A)(ii).
       ``(3) Record.--In making a designation under this 
     subsection, the Attorney General shall create an 
     administrative record.
       ``(4) Period of designation.--
       ``(A) In general.--A designation under this subsection 
     shall be effective for all purposes until revoked under 
     paragraph (5) or (6) or set aside pursuant to subsection (b).
       ``(B) Review of designation upon petition.--
       ``(i) In general.--The Attorney General shall review the 
     designation of a criminal street gang under the procedures 
     set forth in clauses (iii) and (iv) if the designated gang or 
     association files a petition for revocation within the 
     petition period described in clause (ii).
       ``(ii) Petition period.--For purposes of clause (i)--

       ``(I) if the designated gang or association has not 
     previously filed a petition for revocation under this 
     subparagraph, the petition period begins 2 years after the 
     date on which the designation was made; or
       ``(II) if the designated gang or association has previously 
     filed a petition for revocation under this subparagraph, the 
     petition period begins 2 years after the date of the 
     determination made under clause (iv) on that petition.

       ``(iii) Procedures.--Any criminal street gang that submits 
     a petition for revocation under this subparagraph shall 
     provide evidence in that petition that the relevant 
     circumstances described in paragraph (1) are sufficiently 
     different from the circumstances that were the basis for the 
     designation such that a revocation with respect to the gang 
     is warranted.
       ``(iv) Determination.--

       ``(I) In general.--Not later than 180 days after receiving 
     a petition for revocation submitted under this subparagraph, 
     the Attorney General shall make a determination as to such 
     revocation.
       ``(II) Publication of determination.--A determination made 
     by the Attorney General under this clause shall be published 
     in the Federal Register.
       ``(III) Procedures.--Any revocation by the Attorney General 
     shall be made in accordance with paragraph (6).

       ``(C) Other review of designation.--
       ``(i) In general.--If in a 4-year period no review has 
     taken place under subparagraph (B), the Attorney General 
     shall review the designation of the criminal street gang in 
     order to determine whether such designation should be revoked 
     pursuant to paragraph (6).
       ``(ii) Procedures.--If a review does not take place 
     pursuant to subparagraph (B) in response to a petition for 
     revocation that is filed in accordance with that 
     subparagraph, then the review shall be conducted pursuant to 
     procedures established by the Attorney General. The results 
     of such review and the applicable procedures shall not be 
     reviewable in any court.
       ``(iii) Publication of results of review.--The Attorney 
     General shall publish any determination made pursuant to this 
     subparagraph in the Federal Register.
       ``(5) Revocation based on change in circumstances.--

[[Page S3070]]

       ``(A) In general.--The Attorney General may revoke a 
     designation made under paragraph (1) at any time, and shall 
     revoke a designation upon completion of a review conducted 
     pursuant to subparagraphs (b) and (c) of paragraph (4) if the 
     Attorney General finds that--
       ``(i) the circumstances that were the basis for the 
     designation have changed in such a manner as to warrant 
     revocation; or
       ``(ii) the national security of the United States warrants 
     a revocation.
       ``(B) Procedure.--The procedural requirements of paragraphs 
     (2) and (3) shall apply to a revocation under this paragraph. 
     Any revocation shall take effect on the date specified in the 
     revocation or upon publication in the Federal Register if no 
     effective date is specified.
       ``(6) Effect of revocation.--The revocation of a 
     designation under paragraph (5) shall not affect any action 
     or proceeding based on conduct committed prior to the 
     effective date of such revocation.
       ``(7) Use of designation in hearing.--If a designation 
     under this subsection has become effective under paragraph 
     (2)(B), an alien in a removal proceeding shall not be 
     permitted to raise any question concerning the validity of 
     the issuance of such designation as a defense or an objection 
     at any hearing.
       ``(b) Judicial Review of Designation.--
       ``(1) In general.--Not later than 60 days after publication 
     of the designation in the Federal Register, a group or 
     association designated as a criminal street gang may seek 
     judicial review of the designation in the United States Court 
     of Appeals for the District of Columbia Circuit.
       ``(2) Basis of review.--Review under this subsection shall 
     be based solely upon the administrative record.
       ``(3) Scope of review.--The court shall hold unlawful and 
     set aside a designation the court finds to be--
       ``(A) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law;
       ``(B) contrary to constitutional right, power, privilege, 
     or immunity;
       ``(C) in excess of statutory jurisdiction, authority, or 
     limitation, or short of statutory right;
       ``(D) lacking substantial support in the administrative 
     record taken as a whole; or
       ``(E) not in accord with the procedures required by law.
       ``(4) Judicial review invoked.--The pendency of an action 
     for judicial review of a designation shall not affect the 
     application of this section, unless the court issues a final 
     order setting aside the designation.
       ``(c) Relevant Committee Defined.--As used in this section, 
     the term `relevant committees' means the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives.''.
       (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 219 
     the following:

``Sec. 219A. Designation of criminal street gangs.''.

     SEC. 508. MANDATORY DETENTION OF SUSPECTED CRIMINAL STREET 
                   GANG MEMBERS.

       (a) In General.--Section 236(c)(1)(D) of the Immigration 
     and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
       (1) by inserting ``or 212(a)(2)(J)'' after 
     ``212(a)(3)(B)''; and
       (2) by inserting ``or 237(a)(2)(F)'' before 
     ``237(a)(4)(B)''.
       (b) Annual Report.--Not later than March 1 2007, and 
     annually thereafter, the Secretary of Homeland Security, 
     after consultation with the appropriate Federal agencies, 
     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 number of aliens detained under the 
     amendments made by subsection (a).

     SEC. 509. INELIGIBILITY FOR ASYLUM AND PROTECTION FROM 
                   REMOVAL.

       (a) Inapplicability of Restriction on Removal to Certain 
     Countries.--Section 241(b)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the 
     matter preceding clause (i), by inserting ``who is described 
     in section 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) or who 
     is'' after ``to an alien''.
       (b) Ineligibility for Asylum.--Section 208(b)(2)(A) of such 
     Act (8 U.S.C. 1158(b)(2)(A)) is amended--
       (1) in clause (v), by striking ``or'' at the end;
       (2) by redesignating clause (vi) as clause (vii); and
       (3) by inserting after clause (v) the following:
       ``(vi) the alien is described in section 212(a)(2)(J)(i) or 
     section 237(a)(2)(F)(i) (relating to participation in 
     criminal street gangs); or''.
       (c) Denial of Review of Determination of Ineligibility for 
     Temporary Protected Status.--Section 244(c)(2) of such Act (8 
     U.S.C. 1254a(c)(2)) is amended by adding at the end the 
     following:
       ``(C) Limitation on judicial review.--There shall be no 
     judicial review of any finding under subparagraph (B) that an 
     alien is described in section 208(b)(2)(A)(vi).''.

     SEC. 510. PENALTIES FOR MISUSING SOCIAL SECURITY NUMBERS OR 
                   FILING FALSE INFORMATION WITH SOCIAL SECURITY 
                   ADMINISTRATION.

       (a) Misuse of Social Security Numbers.--
       (1) In general.--Section 208(a) of the Social Security Act 
     (42 U.S.C. 408(a)) is amended--
       (A) in paragraph (7), by adding after subparagraph (C) the 
     following:
       ``(D) with intent to deceive, discloses, sells, or 
     transfers his own social security account number, assigned to 
     him by the Commissioner of Social Security (in the exercise 
     of the Commissioner's authority under section 205(c)(2) to 
     establish and maintain records), to any person; or'';
       (B) in paragraph (8), by adding ``or'' at the end; and
       (C) by inserting after paragraph (8) the following:
       ``(9) without lawful authority, offers, for a fee, to 
     acquire for any individual, or to assist in acquiring for any 
     individual, an additional social security account number or a 
     number that purports to be a social security account number;
       ``(10) willfully acts or fails to act so as to cause a 
     violation of section 205(c)(2)(C)(xii);
       ``(11) being an officer or employee of any executive, 
     legislative, or judicial agency or instrumentality of the 
     Federal Government or of a State or political subdivision 
     thereof, or a person acting as an agent of such an agency or 
     instrumentality (or an officer or employee thereof or a 
     person acting as an agent thereof) in possession of any 
     individual's social security account number, willfully acts 
     or fails to act so as to cause a violation of clause 
     (vi)(II), (x), (xi), (xii), (xiii), or (xiv) of section 
     205(c)(2)(C); or
       ``(12) being a trustee appointed in a case under title 11, 
     United States Code (or an officer or employee thereof or a 
     person acting as an agent thereof), willfully acts or fails 
     to act so as to cause a violation of clause (x) or (xi) of 
     section 205(c)(2)(C).''.
       (2) Effective dates.--Paragraphs (7)(D) and (9) of section 
     208(a) of the Social Security Act, as added by paragraph (1), 
     shall apply with respect to each violation occurring after 
     the date of the enactment of this Act. Paragraphs (10), (11), 
     and (12) of section 208(a) of such Act, as added by paragraph 
     (1)(C), shall apply with respect to each violation occurring 
     on or after the effective date of this Act.
       (b) Report on Enforcement Efforts Concerning Employers 
     Filing False Information Returns.--The Commissioner of 
     Internal Revenue and the Commissioner of Social Security 
     shall submit to Congress an annual report on efforts taken to 
     identify and enforce penalties against employers that file 
     incorrect information returns.

     SEC. 511. TECHNICAL AND CLARIFYING AMENDMENTS.

       (a) Terrorist Activities.--Section 212 (a)(3)(B)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) 
     is amended--
       (1) by striking ``Subclause (VII) of clause (i)'' and 
     inserting ``Subclause (IX) of clause (i)''; and
       (2) in subclause (II), by striking ``consular officer or 
     Attorney General'' and inserting ``consular officer, Attorney 
     General, or Secretary of Homeland Security''.
       (b) 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''.
             Subtitle B--Detention, Removal, and Departure

     SEC. 521. VOLUNTARY DEPARTURE REFORM.

       (a) Encouraging Aliens to Depart Voluntarily.--
       (1) Authority.--Subsection (a) of section 240B of the 
     Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In lieu of removal proceedings.--The Secretary of 
     Homeland Security may permit an alien voluntarily to depart 
     the United States at the alien's own expense under this 
     subsection, in lieu of being subject to proceedings under 
     section 240, if the alien is not described in section 
     237(a)(2)(A)(iii) or section 237(a)(4).'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraph (2) as paragraph (3);
       (D) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Prior to the conclusion of removal proceedings.--
     After removal proceedings under section 240 are initiated, 
     the Attorney General may permit an alien voluntarily to 
     depart the United States at the alien's own expense under 
     this subsection, prior to the conclusion of such proceedings 
     before an immigration judge, if the alien is not described in 
     section 237(a)(2)(A)(iii) or section 237(a)(4).''; and
       (E) in paragraph (4), by striking ``paragraph (1)'' and 
     inserting ``paragraphs (1) and (2)''.
       (2) Voluntary departure period.--Such section is further 
     amended--
       (A) in subsection (a)(3), as redesignated by paragraph 
     (1)(C)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) In lieu of removal.--Subject to subparagraph (C), 
     permission to depart voluntarily under paragraph (1) shall 
     not be valid for a period exceeding 90 days. The Secretary of 
     Homeland Security may require an alien permitted to depart 
     voluntarily 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.'';

[[Page S3071]]

       (ii) in subparagraph (B), by striking ``subparagraphs (C) 
     and (D)(ii)'' and inserting ``subparagraphs (D) and 
     (E)(ii)'';
       (iii) in subparagraphs (C) and (D), by striking 
     ``subparagraph (B)'' and inserting ``subparagraph (C)'' each 
     place it appears;
       (iv) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (C), (D), and (E), respectively; and
       (v) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) Prior to the conclusion of removal proceedings.--
     Permission to depart voluntarily under paragraph (2) shall 
     not be valid for a period exceeding 60 days, and may be 
     granted only after a finding that the alien has established 
     that the alien has the means to depart the United States and 
     intends to do so. An alien permitted to depart voluntarily 
     under paragraph (2) must 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 posting of a voluntary departure bond in individual 
     cases upon a finding that the alien has presented compelling 
     evidence that the posting of a bond will be a serious 
     financial hardship and the alien has presented credible 
     evidence that such a bond is unnecessary to guarantee timely 
     departure.''; and
       (B) in subsection (b)(2), by striking ``60 days'' and 
     inserting ``45 days''.
       (3) Voluntary departure agreements.--Subsection (c) of such 
     section is amended to read as follows:
       ``(c) Conditions on Voluntary Departure.--
       ``(1) Voluntary departure agreement.--Voluntary departure 
     will be granted only 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 in the exercise of 
     discretion may agree to a reduction in the period of 
     inadmissibility under subparagraph (A) or (B)(i) of section 
     212(a)(9).
       ``(3) Failure to comply with agreement and effect of filing 
     timely appeal.--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 a 
     failure to timely post any required bond), the alien 
     automatically becomes ineligible for the benefits of the 
     agreement, subject to the penalties described in subsection 
     (d), and subject to an alternate order of removal if 
     voluntary departure was granted under subsection (a)(2) or 
     (b). However, if an alien agrees to voluntary departure but 
     later 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 thereof, but the alien may not 
     again be granted voluntary departure while the alien remains 
     in the United States.''.
       (4) Eligibility.--Subsection (e) of such section is amended 
     to read as follows:
       ``(e) Eligibility.--
       ``(1) Prior grant of voluntary departure.--An alien shall 
     not be permitted to depart voluntarily under this section if 
     the Secretary of Homeland Security or the Attorney General 
     previously permitted the alien to depart voluntarily.
       ``(2) Additional limitations.--The Secretary of Homeland 
     Security may by regulation limit eligibility or impose 
     additional conditions for voluntary departure under 
     subsection (a)(1) for any class or classes of aliens. The 
     Secretary or Attorney General may by regulation limit 
     eligibility or impose additional conditions for voluntary 
     departure under subsection (a)(2) or (b) for any class or 
     classes of aliens. Notwithstanding any other provision of law 
     (statutory or nonstatutory), including section 2241 of title 
     28, United States Code, or any other habeas corpus provision, 
     and section 1361 and 1651 of such title, no court may review 
     any regulation issued under this subsection.''.
       (b) Avoiding Delays in Voluntary Departure.--
       (1) Alien's obligation to depart within the time allowed.--
     Subsection (c) of section 240B of the Immigration and 
     Nationality Act (8 U.S.C. 1229c), as amended by subsection 
     (a), is further amended by adding at the end the following 
     new paragraph:
       ``(4) Voluntary departure period not affected.--Except as 
     expressly agreed to by the Secretary of Homeland Security 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.''.
       (2) No tolling.--Subsection (f) of such section is amended 
     by adding at the end the following new sentence: 
     ``Notwithstanding any other provision of law (statutory or 
     nonstatutory), including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision, and 
     section 1361 and 1651 of such title, no court shall have 
     jurisdiction to affect, reinstate, enjoin, delay, stay, or 
     toll the period allowed for voluntary departure under this 
     section.''.
       (c) Penalties for Failure To Depart Voluntarily.--
       (1) Penalties for failure to depart.--Subsection (d) of 
     section 240B of the Immigration and Nationality Act (8 U.S.C. 
     1229c) is amended to read as follows:
       ``(d) Penalties for Failure To Depart.--If an alien is 
     permitted to depart voluntarily under this section and fails 
     voluntarily to depart from the United States within the time 
     period specified or otherwise violates the terms of a 
     voluntary departure agreement, the following provisions 
     apply:
       ``(1) Civil penalty.--
       ``(A) In general.--The alien will be liable for a civil 
     penalty of $3,000.
       ``(B) Specification in order.--The order allowing voluntary 
     departure shall specify the amount of the penalty, which 
     shall be acknowledged by the alien on the record.
       ``(C) Collection.--If the Secretary of Homeland Security 
     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.
       ``(D) Ineligibility for benefits.--An alien will be 
     ineligible for any benefits under this title until any civil 
     penalty under this subsection is paid.
       ``(2) Ineligibility for relief.--The alien will 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.
       ``(3) Reopening.--
       ``(A) In general.--Subject to subparagraph (B), the alien 
     will be ineligible to reopen a final order of removal which 
     took effect upon the alien's failure to depart, or the 
     alien's violation of the conditions for voluntary departure, 
     during the period described in paragraph (2).
       ``(B) Exception.--Subparagraph (A) does not preclude a 
     motion to reopen to seek withholding of removal under section 
     241(b)(3) or protection against torture.
       ``The order permitting the alien to depart voluntarily 
     under this section shall inform the alien of the penalties 
     under this subsection.''.
       (2) Implementation of existing statutory penalties.--The 
     Secretary of Homeland Security shall implement regulations to 
     provide for the imposition and collection of penalties for 
     failure to depart under section 240B(d) of the Immigration 
     and Nationality Act, as amended by paragraph (1).
       (d) Voluntary Departure Agreements Negotiated by State or 
     Local Courts.--Section 240B of the Immigration and 
     Nationality Act (8 U.S.C. 1229c) is amended by adding at the 
     end the following new subsection:
       ``(g) Voluntary Departure Agreements Negotiated by State or 
     Local Courts.--
       ``(1) In general.--The Secretary of Homeland Security may 
     permit an alien voluntarily to depart the United States at 
     the alien's own expense under this subsection at any time 
     prior to the scheduling of the first merits hearing, in lieu 
     of applying for another form of relief from removal, if the 
     alien--
       ``(A) is deportable under section 237(a)(1);
       ``(B) is charged in a criminal proceeding in a State or 
     local court for which conviction would subject the alien to 
     deportation under paragraphs (2) through (6) of section 
     237(a); and
       ``(C) has accepted a plea bargain in such proceeding which 
     stipulates that the alien, after consultation with counsel in 
     such proceeding--
       ``(i) voluntarily waives application for another form of 
     relief from removal;
       ``(ii) consents to transportation, under custody of a law 
     enforcement officer of the State or local court, to an 
     appropriate international port of entry where departure from 
     the United States will occur;
       ``(iii) possesses or will promptly obtain travel documents 
     issued by the foreign state of which the alien is a national 
     or legal resident; and
       ``(iv) possesses the means to purchase transportation from 
     the port of entry to the foreign state to which the alien 
     will depart from the United States.
       ``(2) Review.--The Secretary shall promptly review an 
     application for voluntary departure for compliance with the 
     requirements of paragraph (1). The Secretary shall permit 
     voluntary departure under this subsection unless the State or 
     local jurisdiction is informed in writing not later that 30 
     days after such application is filed, that the Secretary 
     intends to seek removal under section 240.''.
       (e) 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 date of the 
     enactment of this Act.
       (2) Exception.--The amendment made by subsection (b)(2) 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to any petition for review which 
     is entered on or after such date.

     SEC. 522. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

       (a) In General.--

[[Page S3072]]

       (1) Bonds.--Section 236(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as 
     follows:
       ``(2) may, upon an express finding by an immigration judge, 
     that the alien is not a flight risk and is not a threat to 
     the United States, release the alien on a bond--
       ``(A) of not less than $5,000 release an alien; or
       ``(B) if the alien is a national of Canada or Mexico, of 
     not less than $3,000; or.''.
       (2) Conforming amendment.--Section 236(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1226) is amended by 
     inserting ``or the Secretary of Homeland Security'' after the 
     ``Attorney General'' each place it appears.
       (3) Report.--Not later than 2 years after the enactment of 
     this Act, the Secretary of Homeland Security shall submit to 
     Congress a report on the number of aliens who are citizens or 
     nationals of a country other than Canada or Mexico who are 
     apprehended along an international land border of the United 
     States between ports of entry.
       (b) Detention of Aliens Delivered by Bondsmen.--Section 
     241(a) of the Immigration and Nationality Act (8 U.S.C. 
     1231(a)) is amended by adding at the end the following new 
     paragraph:
       ``(8) Effect of production of alien by bondsman.--
     Notwithstanding any other provision of law, the Secretary of 
     Homeland Security shall take into custody any alien subject 
     to a final order of removal, and cancel any bond previously 
     posted for the alien, if the alien is produced within the 
     prescribed time limit by the obligor on the bond. The obligor 
     on the bond shall be deemed to have substantially performed 
     all conditions imposed by the terms of the bond, and shall be 
     released from liability on the bond, if the alien is produced 
     within such time limit.''.
       (c) Effective Date.--The amendments made by subsection (a) 
     and (b) shall take effect on the date of the enactment of 
     this Act and the amendment made by subsection (b) shall apply 
     to all immigration bonds posted before, on, or after such 
     date.

     SEC. 523. EXPEDITED REMOVAL.

       (a) In General.--Section 238 of the Immigration and 
     Nationality Act (8 U.S.C. 1228) is amended--
       (1) by striking the section heading and inserting 
     ``expedited removal of criminal aliens'';
       (2) in subsection (a), by striking the subsection heading 
     and inserting: ``Expedited Removal From Correctional 
     Facilities.--'';
       (3) in subsection (b), by striking the subsection heading 
     and inserting: ``Removal of Criminal Aliens.--'';
       (4) in subsection (b), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) In general.--The Secretary of Homeland Security may, 
     in the case of an alien described in paragraph (2), determine 
     the deportability of such alien and issue an order of removal 
     pursuant to the procedures set forth in this subsection or 
     section 240.
       ``(2) Aliens described.--An alien is described in this 
     paragraph if the alien, whether or not admitted into the 
     United States, was convicted of any criminal offense 
     described in subparagraph (A)(iii), (C), or (D) of section 
     237(a)(2).'';
       (5) in the subsection (c) that relates to presumption of 
     deportability, by striking ``convicted of an aggravated 
     felony'' and inserting ``described in subsection (b)(2)'';
       (6) by redesignating the subsection (c) that relates to 
     judicial removal as subsection (d); and
       (7) in subsection (d)(5) (as so redesignated), by striking 
     ``, who is deportable under this Act,''.
       (b) Application to Certain Aliens.--
       (1) In general.--Section 235(b)(1)(A)(iii) of the 
     Immigration and Nationality Act (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) of such 
     Act (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. 524. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.

       Section 241(a)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1231(a)(5)) is amended to read as follows:
       ``(5) Reinstatement of previous removal orders.--
       ``(A) Removal.--The Secretary of Homeland Security shall 
     remove an alien who is an applicant for admission (other than 
     an admissible alien presenting himself or herself for 
     inspection at a port of entry or an alien paroled into the 
     United States under section 212(d)(5)), after having been, on 
     or after September 30, 1996, excluded, deported, or removed, 
     or having departed voluntarily under an order of exclusion, 
     deportation, or removal.
       ``(B) Judicial review.--The removal described in 
     subparagraph (A) shall not require any proceeding before an 
     immigration judge, and shall be under the prior order of 
     exclusion, deportation, or removal, which is not subject to 
     reopening or review. The alien is not eligible and may not 
     apply for or receive any immigration relief or benefit under 
     this Act or any other law, with the exception of sections 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.''.

     SEC. 525. CANCELLATION OF REMOVAL.

       Section 240A(c) of the Immigration and Nationality Act (8 
     U.S.C. 1229b(c)) is amended by adding at the end the 
     following:
       ``(7) An alien who is inadmissible under section 
     212(a)(9)(B)(i).''.

     SEC. 526. DETENTION OF DANGEROUS ALIEN.

       (a) In General.--Section 241 of the Immigration and 
     Nationality Act (8 U.S.C. 1231) is amended--
       (1) in subsection (a), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security'' each place it 
     appears;
       (2) in subsection (a)(1)(B), by adding after clause (iii) 
     the following:
     ``If, at that time, the alien is not in the custody of the 
     Secretary (under the authority of this Act), the Secretary 
     shall take the alien into custody for removal, and the 
     removal period shall not begin until the alien is taken into 
     such custody. If the Secretary transfers custody of the alien 
     during the removal period pursuant to law to another Federal 
     agency or a State or local government agency in connection 
     with the official duties of such agency, the removal period 
     shall be tolled, and shall begin anew on the date of the 
     alien's return to the custody of the Secretary.''.
       (3) by amending clause (ii) of subsection (a)(1)(B) 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 date the stay of removal is no longer in effect.'';
       (4) by amending subparagraph (C) of subsection (a)(1) to 
     read as follows:
       ``(C) Suspension 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 make all reasonable efforts to comply with the 
     removal order, or to fully cooperate with the Secretary's 
     efforts to establish the alien's identity and carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary to the alien's 
     departure, or conspires or acts to prevent the alien's 
     removal subject to an order of removal.'';
       (5) in subsection (a)(2), by adding at the end ``If a court 
     orders a stay of removal of an alien who is subject to an 
     administratively final order of removal, the Secretary in the 
     exercise of discretion may detain the alien during the 
     pendency of such stay of removal.'';
       (6) in subsection (a)(3), by amending subparagraph (D) to 
     read as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities, or perform affirmative acts, that the 
     Secretary prescribes for the alien, in order to prevent the 
     alien from absconding, or for the protection of the 
     community, or for other purposes related to the enforcement 
     of the immigration laws.'';
       (7) in subsection (a)(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'';
       (8) by redesignating paragraph (7) of subsection (a) as 
     paragraph (10) and inserting after paragraph (6) of such 
     subsection the following new paragraphs:
       ``(7) Parole.--If an alien detained pursuant to paragraph 
     (6) is an applicant for admission, the Secretary, in the 
     Secretary's discretion, may parole the alien under section 
     212(d)(5) of this Act 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) Application of additional rules for detention or 
     release of certain aliens who have made an entry.--The rules 
     set forth in subsection (j) shall only apply with respect to 
     an alien who was lawfully admitted the most recent time the 
     alien entered the United States or has otherwise effected an 
     entry into the United States.
       ``(9) Judicial review.--Without regard to the place of 
     confinement, judicial review of

[[Page S3073]]

     any action or decision pursuant to paragraphs (6), (7), or 
     (8) or subsection (j) shall be available exclusively in 
     habeas corpus proceedings instituted in the United States 
     District Court for the District of Columbia, and only if the 
     alien has exhausted all administrative remedies (statutory 
     and regulatory) available to the alien as of right.''; and
       (9) by adding at the end the following new subsection:
       ``(j) Additional Rules for Detention or Release of Certain 
     Aliens Who Have Made an Entry.--
       ``(1) Application.--The rules set forth in this subsection 
     apply in the case of an alien described in subsection (a)(8).
       ``(2) Establishment of a detention review process for 
     aliens who fully cooperate with removal.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish an administrative review process to determine 
     whether the aliens should be detained or released on 
     conditions for aliens who--
       ``(i) have made all reasonable efforts to comply with their 
     removal orders;
       ``(ii) have complied with the Secretary's efforts to carry 
     out the removal orders, including making timely application 
     in good faith for travel or other documents necessary to the 
     alien's departure; and
       ``(iii) have not conspired or acted to prevent removal.
       ``(B) Determination.--The Secretary shall make a 
     determination whether to release an alien after the removal 
     period in accordance with paragraphs (3) and (4). The 
     determination--
       ``(i) shall include consideration of any evidence submitted 
     by the alien and the history of the alien's efforts to comply 
     with the order of removal; and
       ``(ii) may include any information or assistance provided 
     by the Secretary of State or other Federal agency and any 
     other information available to the Secretary of Homeland 
     Security pertaining to the ability to remove the alien.
       ``(3) Authority to detain beyond removal period.--
       ``(A) Initial 90-day period.--The Secretary of Homeland 
     Security in the exercise of discretion, without any 
     limitations other than those specified in this section, may 
     continue to detain an alien for 90 days beyond the removal 
     period (including any extension of the removal period as 
     provided in subsection (a)(1)(C)).
       ``(B) Extension.--
       ``(i) In general.--The Secretary in the exercise of 
     discretion, without any limitations other than those 
     specified in this section, may continue to detain an alien 
     beyond the 90-day period authorized in subparagraph (A)--

       ``(I) until the alien is removed if the conditions 
     described in subparagraph (A) or (B) of paragraph (4) apply; 
     or
       ``(II) pending a determination as provided in subparagraph 
     (C) of paragraph (4).

       ``(ii) Renewal.--The Secretary may renew a certification 
     under paragraph (4)(B) every six months without limitation, 
     after providing an opportunity for the alien to request 
     reconsideration of the certification and to submit documents 
     or other evidence in support of that request. If the 
     Secretary does not renew a certification, the Secretary may 
     not continue to detain the alien under such paragraph.
       ``(iii) Delegation.--Notwithstanding section 103, the 
     Secretary may not delegate the authority to make or renew a 
     certification described in clause (ii), (iii), or (v) of 
     paragraph (4)(B) below the level of the Assistant Secretary 
     for Immigration and Customs Enforcement.
       ``(iv) Hearing.--The Secretary may request that the 
     Attorney General provide for a hearing to make the 
     determination described in clause (iv)(II) of paragraph 
     (4)(B).
       ``(4) Conditions for extension.--The conditions for 
     continuation of detention are any of the following:
       ``(A) The Secretary determines that there is a significant 
     likelihood that the alien--
       ``(i) will be removed in the reasonably foreseeable future; 
     or
       ``(ii) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the alien's 
     failure or refusal to make all reasonable efforts to comply 
     with the removal order, or to fully cooperate with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, or conspiracies or acts 
     to prevent removal.
       ``(B) The Secretary certifies in writing any of the 
     following:
       ``(i) In consultation with the Secretary of Health and 
     Human Services, 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, the release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States.
       ``(iii) Based on information available to the Secretary 
     (including available information from the intelligence 
     community, and without regard to the grounds upon which the 
     alien was ordered removed), there is reason to believe that 
     the release of the alien would threaten the national security 
     of the United States.
       ``(iv) The release of the alien will threaten the safety of 
     the community or any person, the conditions of release cannot 
     reasonably be expected to ensure the safety of the community 
     or any person, and--

       ``(I) the alien has been convicted of one or more 
     aggravated felonies described in section 101(a)(43)(A) or of 
     one or more crimes identified by the Secretary by regulation, 
     or of one or more attempts or conspiracies to commit any such 
     aggravated felonies or such crimes, for an aggregate term of 
     imprisonment of at least five years; or
       ``(II) the alien has committed one or more crimes of 
     violence and, because of a mental condition or personality 
     disorder and behavior associated with that condition or 
     disorder, the alien is likely to engage in acts of violence 
     in the future.

       ``(v) The release of the alien will threaten the safety of 
     the community or any person, conditions of release cannot 
     reasonably be expected to ensure the safety of the community 
     or any person, and the alien has been convicted of at least 
     one aggravated felony.
       ``(C) Pending a determination under subparagraph (B), if 
     the Secretary has initiated the administrative review process 
     no later than 30 days after the expiration of the removal 
     period (including any extension of the removal period as 
     provided in subsection (a)(1)(C)).
       ``(5) Release on conditions.--If it is determined that an 
     alien should be released from detention, the Secretary in the 
     exercise of discretion may impose conditions on release as 
     provided in subsection (a)(3).
       ``(6) Redetention.--The Secretary in the exercise of 
     discretion, without any limitations other than those 
     specified in this section, may again detain any alien subject 
     to a final removal order who is released from custody if the 
     alien fails to comply with the conditions of release or to 
     cooperate in the alien's removal from the United States, or 
     if, upon reconsideration, the Secretary determines that the 
     alien can be detained under paragraph (1). Paragraphs (6) 
     through (8) of subsection (a) shall apply to any alien 
     returned to custody pursuant to this paragraph, as if the 
     removal period terminated on the day of the redetention.
       ``(7) Certain aliens who effected entry.--If an alien has 
     effected an entry into the United States but has neither been 
     lawfully admitted nor physically present in the United States 
     continuously for the 2-year period immediately prior to the 
     commencement of removal proceedings under this Act or 
     deportation proceedings against the alien, the Secretary in 
     the exercise of discretion may decide not to apply subsection 
     (a)(8) and this subsection and may detain the alien without 
     any limitations except those imposed by regulation.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect upon the date of the enactment of this Act, 
     and section 241 of the Immigration and Nationality Act, as 
     amended, shall apply to--
       (1) all aliens 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
       (2) acts and conditions occurring or existing before, on, 
     or after the date of the enactment of this Act.

     SEC. 527. ALTERNATIVES TO DETENTION.

       The Secretary of Homeland Security shall implement pilot 
     programs in the 6 States with the largest estimated 
     populations of deportable aliens to study 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.

     SEC. 528. AUTHORIZATION OF APPROPRIATIONS.

       In addition to amounts otherwise authorized to be 
     appropriated, there are authorized to be appropriated such 
     sums as may be necessary for each of fiscal years 2007 
     through 2011 to carry out this title.
                                 ______
                                 
  SA 3422. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 3311 submitted by Mr. Kyl (for himself and Mr. Cornyn) and 
intended to be proposed 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:

       Strike the matter proposed to be inserted and insert 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 by the alien's employer.
       ``(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.

[[Page S3074]]

       ``(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.''.
                                 ______
                                 
  SA 3423. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 3386 submitted by Mr. Kyl and intended to be proposed 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:

       Strike the matter proposed to be inserted and insert the 
     following:

                      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--
       (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.

[[Page S3075]]

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

     SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

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

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

       (a) Requirement for Reports.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary of State, in coordination with the 
     Secretary and the heads of other appropriate Federal 
     agencies, shall submit to Congress a report on improving the 
     exchange of information related to the security of North 
     America.
       (b) Contents.--Each report submitted under subsection (a) 
     shall contain a description of the following:
       (1) Security clearances and document integrity.--The 
     progress made toward the development of common enrollment, 
     security, technical, and biometric standards for the 
     issuance, authentication, validation, and repudiation of 
     secure documents, including--
       (A) technical and biometric standards based on best 
     practices and consistent with international standards for the 
     issuance, authentication, validation, and repudiation of 
     travel documents, including--
       (i) passports;
       (ii) visas; and
       (iii) permanent resident cards;
       (B) working with Canada and Mexico to encourage foreign 
     governments to enact laws to combat alien smuggling and 
     trafficking, and laws to forbid the use and manufacture of 
     fraudulent travel documents and to promote information 
     sharing;
       (C) applying the necessary pressures and support to ensure 
     that other countries meet proper travel document standards 
     and are committed to travel document verification before the 
     citizens of such countries travel internationally, including 
     travel by such citizens to the United States; and
       (D) providing technical assistance for the development and 
     maintenance of a national database built upon identified best 
     practices for biometrics associated with visa and travel 
     documents.
       (2) Immigration and visa management.--The progress of 
     efforts to share information regarding high-risk individuals 
     who may attempt to enter Canada, Mexico, or the United 
     States, including the progress made--
       (A) in implementing the Statement of Mutual Understanding 
     on Information Sharing, signed by Canada and the United 
     States in February 2003; and
       (B) in identifying trends related to immigration fraud, 
     including asylum and document fraud, and to analyze such 
     trends.
       (3) Visa policy coordination and immigration security.--The 
     progress made by Canada, Mexico, and the United States to 
     enhance the security of North America by cooperating on visa 
     policy and identifying best practices regarding immigration 
     security, including the progress made--
       (A) in enhancing consultation among officials who issue 
     visas at the consulates or embassies of Canada, Mexico, or 
     the United States throughout the world to share information, 
     trends, and best practices on visa flows;
       (B) in comparing the procedures and policies of Canada and 
     the United States related to visitor visa processing, 
     including--
       (i) application process;
       (ii) interview policy;
       (iii) general screening procedures;
       (iv) visa validity;
       (v) quality control measures; and
       (vi) access to appeal or review;
       (C) in exploring methods for Canada, Mexico, and the United 
     States to waive visa requirements for nationals and citizens 
     of the same foreign countries;
       (D) in providing technical assistance for the development 
     and maintenance of a national database built upon identified 
     best practices for biometrics associated with immigration 
     violators;
       (E) in developing and implementing an immigration security 
     strategy for North America that works toward the development 
     of a common security perimeter by enhancing technical 
     assistance for programs and systems to support advance 
     automated reporting and risk targeting of international 
     passengers;
       (F) in sharing information on lost and stolen passports on 
     a real-time basis among immigration or law enforcement 
     officials of Canada, Mexico, and the United States; and
       (G) in collecting 10 fingerprints from each individual who 
     applies for a visa.

[[Page S3076]]

       (4) North american visitor overstay program.--The progress 
     made by Canada and the United States in implementing parallel 
     entry-exit tracking systems that, while respecting the 
     privacy laws of both countries, share information regarding 
     third country nationals who have overstayed their period of 
     authorized admission in either Canada or the United States.
       (5) Terrorist watch lists.--The progress made in enhancing 
     the capacity of the United States to combat terrorism through 
     the coordination of counterterrorism efforts, including the 
     progress made--
       (A) in developing and implementing bilateral agreements 
     between Canada and the United States and between Mexico and 
     the United States to govern the sharing of terrorist watch 
     list data and to comprehensively enumerate the uses of such 
     data by the governments of each country;
       (B) in establishing appropriate linkages among Canada, 
     Mexico, and the United States Terrorist Screening Center; and
       (C) in exploring with foreign governments the establishment 
     of a multilateral watch list mechanism that would facilitate 
     direct coordination between the country that identifies an 
     individual as an individual included on a watch list, and the 
     country that owns such list, including procedures that 
     satisfy the security concerns and are consistent with the 
     privacy and other laws of each participating country.
       (6) Money laundering, currency smuggling, and alien 
     smuggling.--The progress made in improving information 
     sharing and law enforcement cooperation in combating 
     organized crime, including the progress made--
       (A) in combating currency smuggling, money laundering, 
     alien smuggling, and trafficking in alcohol, firearms, and 
     explosives;
       (B) in implementing the agreement between Canada and the 
     United States known as the Firearms Trafficking Action Plan;
       (C) in determining the feasibility of formulating a 
     firearms trafficking action plan between Mexico and the 
     United States;
       (D) in developing a joint threat assessment on organized 
     crime between Canada and the United States;
       (E) in determining the feasibility of formulating a joint 
     threat assessment on organized crime between Mexico and the 
     United States;
       (F) in developing mechanisms to exchange information on 
     findings, seizures, and capture of individuals transporting 
     undeclared currency; and
       (G) in developing and implementing a plan to combat the 
     transnational threat of illegal drug trafficking.
       (7) Law enforcement cooperation.--The progress made in 
     enhancing law enforcement cooperation among Canada, Mexico, 
     and the United States through enhanced technical assistance 
     for the development and maintenance of a national database 
     built upon identified best practices for biometrics 
     associated with known and suspected criminals or terrorists, 
     including exploring the formation of law enforcement teams 
     that include personnel from the United States and Mexico, and 
     appropriate procedures for such teams.

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

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

     SEC. 115. COMBATING HUMAN SMUGGLING.

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

             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

[[Page S3077]]

     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
       (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;

[[Page S3078]]

       (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 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.''.

[[Page S3079]]

                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, as amended by section 132(a), is further amended by 
     adding at the end the following:

     ``Sec. 555. 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, as amended by section 
     132(b), is further amended by adding at the end the 
     following:

``Sec. 555. Border tunnels and passages.''.

       (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, 
     United States Code, is amended by inserting ``555,'' 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:

     ``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

[[Page S3080]]

     unless either the alien violates the conditions of the 
     alien's parole or the alien's removal becomes reasonably 
     foreseeable, provided that in no circumstance shall such 
     alien be considered admitted.
       ``(8) Additional rules for detention or release of 
     aliens.--The following procedures shall apply to an alien 
     detained under this section:
       ``(A) Detention review process for aliens who have effected 
     an entry and fully cooperate with removal.--The Secretary of 
     Homeland Security shall establish an administrative review 
     process to determine whether an alien described in 
     subparagraph (B) should be detained or released after the 
     removal period in accordance with this paragraph.
       ``(B) Alien described.--An alien is described in this 
     subparagraph if the alien--
       ``(i) has effected an entry into the United States;
       ``(ii) has made all reasonable efforts to comply with the 
     alien's removal order;
       ``(iii) has cooperated fully with the Secretary's efforts 
     to establish the alien's identity and to carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary for the alien's 
     departure; and
       ``(iv) has not conspired or acted to prevent removal.
       ``(C) Evidence.--In making a determination under 
     subparagraph (A), the Secretary--
       ``(i) shall consider any evidence submitted by the alien;
       ``(ii) may consider any other evidence, including--

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

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

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

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

       ``(V) that--

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

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

       ``(II) the Secretary makes a certification as specified in 
     subparagraph (E), or the renewal of a certification specified 
     in subparagraph (G).
       ``(L) Detention review process for aliens who have not 
     effected an entry.--Except as otherwise provided in this 
     subparagraph, the Secretary shall follow the guidelines 
     established in section 241.4 of title 8, Code of Federal 
     Regulations, when detaining aliens who have not effected an 
     entry. The Secretary may decide to apply the review process 
     outlined in this paragraph.
       ``(9) Judicial review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to paragraph (6), (7), or (8) shall be available 
     exclusively in a habeas corpus proceeding 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)--

[[Page S3081]]

       (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 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

[[Page S3082]]

     under this section. Such termination or modification is 
     effective upon publication in the Federal Register, or after 
     such time as the Secretary may designate in the Federal 
     Register.'';
       (ii) in subparagraph (C), by striking ``a period of 12 or 
     18 months'' and inserting ``any other period not to exceed 18 
     months'';
       (C) in subsection (c)--
       (i) in paragraph (1)(B), by striking ``The amount of any 
     such fee shall not exceed $50.'';
       (ii) in paragraph (2)(B)--

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

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

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

       ``(a) Criminal Offenses and Penalties.--
       ``(1) Prohibited activities.--Except as provided in 
     paragraph (3), a person shall be punished as provided under 
     paragraph (2), if the person--
       ``(A) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to come to, enter, or cross the border to the United States;
       ``(B) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, at a place other than a designated port 
     of entry or place other than as designated by the Secretary 
     of Homeland Security, knowing or in reckless disregard of the 
     fact that such person is an alien and regardless of whether 
     such alien has official permission or lawful authority to be 
     in the United States;
       ``(C) transports, moves, harbors, conceals, or shields from 
     detection a person outside of the United States knowing or in 
     reckless disregard of the fact that such person is an alien 
     in unlawful transit from 1 country to another or on the high 
     seas, under circumstances in which the alien is seeking to 
     enter the United States without official permission or legal 
     authority;
       ``(D) encourages or induces a person to reside in the 
     United States, knowing or in reckless disregard of the fact 
     that such person is an alien who lacks lawful authority to 
     reside in the United States;
       ``(E) transports or moves a person in the United States, 
     knowing or in reckless disregard of the fact that such person 
     is an alien who lacks lawful authority to enter or be in the 
     United States, if the transportation or movement will further 
     the alien's illegal entry into or illegal presence in the 
     United States;
       ``(F) harbors, conceals, or shields from detection a person 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to be in the United States; or
       ``(G) conspires or attempts to commit any of the acts 
     described in subparagraphs (A) through (F).
       ``(2) Criminal penalties.--A person who violates any 
     provision under paragraph (1)--
       ``(A) except as provided in subparagraphs (C) through (G), 
     if the offense was not committed for commercial advantage, 
     profit, or private financial gain, shall be fined under title 
     18, United States Code, imprisoned for not more than 5 years, 
     or both;
       ``(B) except as provided in subparagraphs (C) through (G), 
     if the offense was committed for commercial advantage, 
     profit, or private financial gain--
       ``(i) if the violation is the offender's first violation 
     under this subparagraph, shall be fined under such title, 
     imprisoned for not more than 20 years, or both; or
       ``(ii) if the violation is the offender's second or 
     subsequent violation of this subparagraph, shall be fined 
     under such title, imprisoned for not less than 3 years or 
     more than 20 years, or both;
       ``(C) if the offense furthered or aided the commission of 
     any other offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, shall be 
     fined under such title, imprisoned for not less than 5 years 
     or more than 20 years, or both;
       ``(D) shall be fined under such title, imprisoned not less 
     than 5 years or more than 20 years, or both, if the offense 
     created a substantial and foreseeable risk of death, a 
     substantial and foreseeable risk of serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code), 
     or inhumane conditions to another person, including--
       ``(i) transporting the person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting the person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting the person in, harboring the person 
     in, or otherwise subjecting the person to crowded or 
     dangerous conditions;
       ``(E) if the offense caused serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code) 
     to any person, shall be fined under such title, imprisoned 
     for not less than 7 years or more than 30 years, or both;
       ``(F) shall be fined under such title and imprisoned for 
     not less than 10 years or more than 30 years if the offense 
     involved an alien who the offender knew or had reason to 
     believe was--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in terrorist activity;
       ``(G) if the offense caused or resulted in the death of any 
     person, shall be punished by death or imprisoned for a term 
     of years not less than 10 years and up to life, and fined 
     under title 18, United States Code.
       ``(3) Limitation.--It is not a violation of subparagraph 
     (D), (E), or (F) of paragraph (1)--
       ``(A) for a religious denomination having a bona fide 
     nonprofit, religious organization in the United States, or 
     the agents or officers of such denomination or organization, 
     to encourage, invite, call, allow, or enable an alien who is 
     present in the United States to perform the vocation of a 
     minister or missionary for the denomination or organization 
     in the United States as a volunteer who is not compensated as 
     an employee, notwithstanding the provision of room, board, 
     travel, medical assistance, and other basic living expenses, 
     provided the minister or missionary has been a member of the 
     denomination for at least 1 year; or
       ``(B) for an individual or organization, not previously 
     convicted of a violation of this section, to provide an alien 
     who is present in the United States with humanitarian 
     assistance, including medical care, housing, counseling, 
     victim services, and food, or to transport the alien to a 
     location where such assistance can be rendered.
       ``(4) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Employment of Unauthorized Aliens.--
       ``(1) Criminal offense and penalties.--Any person who, 
     during any 12-month period, knowingly employs 10 or more 
     individuals with actual knowledge or in reckless disregard of 
     the fact that the individuals are aliens described in 
     paragraph (2), shall be fined under title 18, United States 
     Code, imprisoned for not more than 10 years, or both.
       ``(2) Definition.--An alien described in this paragraph is 
     an alien who--
       ``(A) is an unauthorized alien (as defined in section 
     274A(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

[[Page S3083]]

     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;
       ``(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.
       ``(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 be fined under title 18, United States Code, 
     imprisoned not more than 2 years, or both.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection--
       ``(1) was convicted for 3 or more misdemeanors or a felony 
     before such removal or departure, the alien shall be fined 
     under title 18, United States Code, imprisoned not more than 
     10 years, or both;
       ``(2) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 30 months, the alien shall be 
     fined under such title, imprisoned not more than 15 years, or 
     both;
       ``(3) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 60 months, the alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both;

[[Page S3084]]

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

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

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

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

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``1555. Exception for refugees and asylees.

     ``Sec. 1541. Trafficking in passports

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

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

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

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

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

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

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

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

     ``Sec. 1544. Misuse of a passport

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

[[Page S3085]]

     or any matter the offender claims or represents is authorized 
     by or arises under Federal immigration laws--
       ``(1) to defraud any person, or
       ``(2) to obtain or receive from any person, by means of 
     false or fraudulent pretenses, representations, promises, 
     money or anything else of value,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Misrepresentation.--Any person who knowingly and 
     falsely represents himself to be an attorney in any matter 
     arising under Federal immigration laws shall be fined under 
     this title, imprisoned not more than 15 years, or both.

     ``Sec. 1546. Immigration and visa fraud

       ``(a) In General.--Any person who knowingly--
       ``(1) uses any immigration document issued or designed for 
     the use of another;
       ``(2) forges, counterfeits, alters, or falsely makes any 
     immigration document;
       ``(3) completes, mails, prepares, presents, signs, or 
     submits any immigration document knowing it to contain any 
     materially false statement or representation;
       ``(4) secures, possesses, uses, transfers, receives, buys, 
     sells, or distributes any immigration document knowing it to 
     be forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority;
       ``(5) adopts or uses a false or fictitious name to evade or 
     to attempt to evade the immigration laws; or
       ``(6) transfers or furnishes an immigration document to a 
     person without lawful authority for use if such person is not 
     the person for whom the immigration document was issued or 
     designed,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Multiple Violations.--Any person who, during any 3-
     year period, knowingly--
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more immigration documents;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more immigration documents;
       ``(3) secures, possesses, uses, buys, sells, or distributes 
     10 or more immigration documents, knowing the immigration 
     documents to be forged, counterfeited, altered, stolen, 
     falsely made, procured by fraud, or produced or issued 
     without lawful authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more immigration documents knowing the 
     documents to contain any materially false statement or 
     representation,

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

     ``Sec. 1547. Marriage fraud

       ``(a) Evasion or Misrepresentation.--Any person who--
       ``(1) knowingly enters into a marriage for the purpose of 
     evading any provision of the immigration laws; or
       ``(2) knowingly misrepresents the existence or 
     circumstances of a marriage--
       ``(A) in an application or document authorized by the 
     immigration laws; or
       ``(B) during any immigration proceeding conducted by an 
     administrative adjudicator (including an immigration officer 
     or examiner, a consular officer, an immigration judge, or a 
     member of the Board of Immigration Appeals),

     shall be fined under this title, imprisoned not more than 10 
     years, or both.
       ``(b) Multiple Marriages.--Any person who--
       ``(1) knowingly enters into 2 or more marriages for the 
     purpose of evading any immigration law; or
       ``(2) knowingly arranges, supports, or facilitates 2 or 
     more marriages designed or intended to evade any immigration 
     law,

     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(c) Commercial Enterprise.--Any person who knowingly 
     establishes a commercial enterprise for the purpose of 
     evading any provision of the immigration laws shall be fined 
     under this title, imprisoned for not more than 10 years, or 
     both.
       ``(d) Duration of Offense.--
       ``(1) In general.--An offense under subsection (a) or (b) 
     continues until the fraudulent nature of the marriage or 
     marriages is discovered by an immigration officer.
       ``(2) Commercial enterprise.--An offense under subsection 
     (c) continues until the fraudulent nature of commercial 
     enterprise is discovered by an immigration officer or other 
     law enforcement officer.

     ``Sec. 1548. Attempts and conspiracies

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

     ``Sec. 1549. Alternative penalties for certain offenses

       ``(a) Terrorism.--Any person who violates any section of 
     this chapter--
       ``(1) knowing that such violation will facilitate an act of 
     international terrorism or domestic terrorism (as those terms 
     are defined in section 2331); or
       ``(2) with the intent to facilitate an act of international 
     terrorism or domestic terrorism,

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

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

     ``Sec. 1550. Seizure and forfeiture

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

     ``Sec. 1551. Additional jurisdiction

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

     ``Sec. 1552. Additional venue

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

     ``Sec. 1553. Definitions

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

[[Page S3086]]

       ``(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 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

[[Page S3087]]

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

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

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

[[Page S3088]]

       ``(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:

     ``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;

[[Page S3089]]

       (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).''.
       (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:

[[Page S3090]]

       ``(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 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

[[Page S3091]]

     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 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

[[Page S3092]]

     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--
       ``(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

[[Page S3093]]

     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 
     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.

[[Page S3094]]

       ``(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, 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.

[[Page S3095]]

       ``(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) 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:

[[Page S3096]]

       ``(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--TEMPORARY WORKER PROGRAMS AND VISA REFORM

          Subtitle A--Requirements for Participating Countries

     SEC. 401. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

       (a) In General.--An alien is not eligible for status as a 
     nonimmigrant under section 101(a)(15)(W) of the Immigration 
     and Nationality Act, as added by section 501 of this Act, or 
     deferred mandatory departure status under section 218B of the 
     Immigration and Nationality Act, as added by section 601 of 
     this Act, unless the home country of the alien has entered 
     into a bilateral agreement with the United States that 
     conforms to the requirements under subsection (b).
       (b) Requirements of Bilateral Agreements.--Each agreement 
     under subsection (a) shall require the home country to--
       (1) accept, within 3 days, the return of nationals who are 
     ordered removed from the United States;
       (2) cooperate with the United States Government in--
       (A) identifying, tracking, and reducing gang membership, 
     violence, and human trafficking and smuggling; and
       (B) controlling 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;
       (4) take steps to educate nationals of the home country 
     regarding the program under title V or VI to ensure that such 
     nationals are not exploited; and
       (5) provide a minimum level of health coverage to its 
     participants.
       (c) Rulemaking.--
       (1) In general.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall, by regulation, define the minimum level of 
     health coverage to be provided by participating countries.
       (2) Responsibility to obtain coverage.--If the health 
     coverage provided by the home country falls below the minimum 
     level defined pursuant to paragraph (1), the employer of the 
     alien shall provide or the alien shall obtain coverage that 
     meets such minimum level.
       (d) Housing.--Participating countries shall agree to 
     evaluate means to provide housing incentives in the alien's 
     home country for returning workers.

           Subtitle B--Nonimmigrant Temporary Worker Program

     SEC. 411. NONIMMIGRANT TEMPORARY WORKER CATEGORY.

       (a) New Temporary Worker Category.--Section 101(a)(15) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is 
     amended by adding at the end the following:
       ``(W) an alien having a residence in a foreign country 
     which the alien has no intention of abandoning who is coming 
     temporarily to the United States to perform temporary labor 
     or service, other than that which would qualify an alien for 
     status under sections 101(a)(15)(H)(i), 101(a)(15)(H)(ii)(a), 
     101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), and who meets 
     the requirements of section 218A; or''.
       (b) Repeal of H-2b Category.--Section 101(a)(15)(H)(ii) is 
     amended by striking ``, or (b) having a residence in a 
     foreign country which he has no intention of abandoning who 
     is coming temporarily to the United States to perform other 
     temporary service or labor if unemployed persons capable of 
     performing such service or labor cannot be found in this 
     country, but this clause shall not apply to graduates of 
     medical schools coming to the United States to perform 
     services as members of the medical profession''.
       (c) Technical Amendments.--Section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is 
     amended--
       (1) in subparagraph (U)(iii), by striking ``or'' at the 
     end; and
       (2) in subparagraph (V)(ii)(II), by striking the period at 
     the end and inserting a semicolon and ``or''.

     SEC. 412. TEMPORARY WORKER PROGRAM.

       (a) In General.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended by inserting after section 
     218 the following new section:

     ``SEC. 218A. TEMPORARY WORKER PROGRAM.

       ``(a) In General.--The Secretary of State may grant a 
     temporary visa to a nonimmigrant described in section 
     101(a)(15)(W) who demonstrates an intent to perform labor or 
     services in the United States (other than those occupational 
     classifications covered under the provisions of 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.--In order to be eligible 
     for nonimmigrant status under section 101(a)(15)(H)(W), an 
     alien shall meet 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)(W).
       ``(2) Evidence of employment.--The alien must establish 
     that he has a job offer from an employer authorized to hire 
     aliens under the Alien Employment Management Program.
       ``(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 Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of being admitted as a 
     nonimmigrant under section 101(a)(15)(W).
       ``(B) Content.--In addition to any other information that 
     the Secretary determines is required to determine an alien's 
     eligibility for admission as a nonimmigrant under section 
     101(a)(15)(W), the Secretary shall require an alien to 
     provide information concerning the alien's physical and 
     mental health, criminal history and gang membership, 
     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 may 
     require an alien to include

[[Page S3097]]

     with the application a waiver of rights that explains to the 
     alien that, in exchange for the discretionary benefit of 
     admission as a nonimmigrant under section 101(a)(15)(W), the 
     alien agrees to waive any right--
       ``(i) to administrative or judicial review or appeal of an 
     immigration officer's determination as to the alien's 
     admissibility; or
       ``(ii) to contest any removal action, other than on the 
     basis of an application for asylum 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, if such removal action is initiated after the 
     termination of the alien's period of authorized admission as 
     a nonimmigrant under section 101(a)(15)(W).
       ``(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) Grounds of Inadmissibility.--
       ``(1) In general.--In determining an alien's admissibility 
     as a nonimmigrant under section 101(a)(15)(W)--
       ``(A) paragraphs (5), (6)(A), (7), and (9)(B) or (C) of 
     section 212(a) may be waived for conduct that occurred on a 
     date prior to the effective date of this Act; and
       ``(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) subparagraphs (A), (C) or (D) of section 212(a)(10) 
     (relating to polygamists, child abductors and illegal 
     voters);
       ``(C) for conduct that occurred prior to the date this Act 
     was introduced in Congress, 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 
     to waive the provisions of section 212(a).
       ``(2) Waiver fee.--An alien who is granted a waiver under 
     subparagraph (1) shall pay a $500 fee upon approval of the 
     alien's visa application.
       ``(3) Renewal of authorized admission and subsequent 
     admissions.--An alien seeking renewal of authorized admission 
     or subsequent admission as a nonimmigrant under section 
     101(a)(15)(W) shall establish that the alien is not 
     inadmissible under section 212(a).
       ``(d) Background Checks and Interview.--The Secretary of 
     Homeland Security shall not admit, and the Secretary of State 
     shall not issue a visa to, an alien seeking admission under 
     section 101(a)(15)(W) until all appropriate background checks 
     have been completed. The Secretary of State shall ensure that 
     an employee of the Department of State conducts a personal 
     interview of an applicant for a visa under section 
     101(a)(15)(W).
       ``(e) Ineligible to Change Nonimmigrant Classification.--An 
     alien admitted under section 101(a)(15)(W) is ineligible to 
     change status under section 248.
       ``(f) Duration.--
       ``(1) General.--The period of authorized admission as a 
     nonimmigrant under 101(a)(15)(W) shall be 2 years, and may 
     not be extended. An alien is ineligible to reenter as an 
     alien under 101(a)(15)(W) until the alien has resided 
     continuously in the alien's home country for a period of 1 
     year. The total period of admission as a nonimmigrant under 
     section 101(a)(15)(W) may not exceed 6 years.
       ``(2) Seasonal workers.--An alien who spends less than 6 
     months a year as a nonimmigrant described in section 
     101(a)(15)(W) is not subject to the time limitations under 
     subparagraph (1).
       ``(3) Commuters.--An alien who resides outside the United 
     States, but who commutes to the United States to work as a 
     nonimmigrant described in section 101(a)(15)(W), is not 
     subject to the time limitations under paragraph (1).
       ``(4) Deferred mandatory departure.--An alien granted 
     Deferred Mandatory Departure status, who remains in the 
     United States under such status for--
       ``(A) a period of 2 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 5 years;
       ``(B) a period of 3 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 4 years;
       ``(C) a period of 4 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 3 years; or
       ``(D) a period of 5 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 2 years.
       ``(g) Intent to Return Home.--In addition to other 
     requirements in this section, an alien is not eligible for 
     nonimmigrant status under section 101(a)(15)(W) unless the 
     alien--
       ``(1) maintains a residence in a foreign country which the 
     alien has no intention of abandoning; and
       ``(2) is present in such foreign country for at least 7 
     consecutive days during each year that the alien is a 
     temporary worker.
       ``(h) Biometric Documentation.--Evidence of status under 
     section 101(a)(15)(W) shall be machine-readable, tamper-
     resistant, and allow for biometric authentication. 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.
       ``(i) Penalty for Failure to Depart.--An alien who fails to 
     depart the United States prior to 10 days after the date that 
     the alien's authorized period of admission as a temporary 
     worker ends is not eligible and may not apply for or receive 
     any immigration relief or benefit under this Act or any other 
     law, 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.
       ``(j) Penalty for Illegal Entry or Overstay.--An alien who, 
     after the effective date of enactment of the Comprehensive 
     Enforcement and Immigration Reform Act of 2005, enters the 
     United States without inspection, or violates a term or 
     condition of admission into the United States as a 
     nonimmigrant, including overstaying the period of authorized 
     admission, shall be ineligible for nonimmigrant status under 
     section 101(a)(15)(W) or Deferred Mandatory Departure status 
     under section 218B for a period of 10 years.
       ``(k) Establishment of Temporary Worker Task Force.--
       ``(1) In general.--There is established a task force to be 
     known as the Temporary Worker Task Force (referred to in this 
     section as the `Task Force').
       ``(2) Purposes.--The purposes of the Task Force are--
       ``(A) to study the impact of the admission of aliens under 
     section 101(a)(15)(W) on the wages, working conditions, and 
     employment of United States workers; and
       ``(B) 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)(W).
       ``(3) Membership.--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.
       ``(4) Qualifications.--
       ``(A) In general.--Members of the Task Force shall be--
       ``(i) individuals with expertise in economics, demography, 
     labor, business, or immigration or other pertinent 
     qualifications or experience; and
       ``(ii) representative of a broad cross-section of 
     perspectives within the United States, including the public 
     and private sectors and academia.
       ``(B) Political affiliation.--Not more than 5 members of 
     the Task Force may be members of the same political party.
       ``(C) 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.
       ``(5) Deadline for appointment.--All members of the Task 
     Force shall be appointed not later than 6 months after the 
     date of enactment of the Comprehensive Enforcement and 
     Immigration Reform Act of 2005.
       ``(6) 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.
       ``(7) Meetings.--
       ``(A) Initial meeting.--The Task Force shall meet and begin 
     the operations of the Task Force as soon as practicable.
       ``(B) Subsequent meetings.--After its initial meeting, the 
     Task Force shall meet upon the call of the chairman or a 
     majority of its members.
       ``(8) Quorum.--Six members of the Task Force shall 
     constitute a quorum.
       ``(9) Report.--Not later than 18 months after the date of 
     enactment of the Comprehensive Enforcement and Immigration 
     Reform Act of 2005, the Task Force shall submit to Congress, 
     the Secretary of Labor, and the Secretary of Homeland 
     Security a report that contains--
       ``(A) findings with respect to the duties of the Task 
     Force;
       ``(B) recommendations for imposing a numerical limit.
       ``(10) Determination.--Not later than 6 months after the 
     submission of the report,

[[Page S3098]]

     the Secretary of Labor may impose a numerical limitation on 
     the number of aliens that may be admitted under section 
     101(a)(15)(W). Any numerical limit shall not become effective 
     until 6 months after the Secretary of Labor submits a report 
     to Congress regarding the imposition of a numerical limit.
       ``(l) Family Members.--
       ``(1) Family members of w nonimmigrants.--
       ``(A) In general.--The spouse or child of an alien admitted 
     as a nonimmigrant under section 101(a)(15)(W) may be admitted 
     to the United States--
       ``(i) as a nonimmigrant under section 101(a)(15)(B) for a 
     period of not more than 30 days, which may not be extended 
     unless the Secretary of Homeland Security, in his sole and 
     unreviewable discretion, determines that exceptional 
     circumstances exist; or
       ``(ii) under any other provision of this Act, if such 
     family member is otherwise eligible for such admission.
       ``(B) Application fee.--
       ``(i) In general.--The spouse or child of an alien admitted 
     as a nonimmigrant under section 101(a)(15)(W) who is seeking 
     to be admitted as a nonimmigrant under section 101(a)(15)(B) 
     shall submit, in addition to any other fee authorized by law, 
     an additional fee of $100.
       ``(ii) Use of fee.--The fees collected under clause (i) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove 
     illegal aliens.
       ``(m) Travel Outside the United States.--
       ``(1) In general.--Under regulations established by the 
     Secretary of Homeland Security, a nonimmigrant alien under 
     section 101(a)(15)(W)--
       ``(A) may travel outside of the United States; and
       ``(B) may be readmitted without having to obtain a new visa 
     if the period of authorized admission has not expired.
       ``(2) Effect on period of authorized admission.--Time spent 
     outside the United States under paragraph (1) shall not 
     extend the period of authorized admission in the United 
     States.
       ``(n) Employment.--
       ``(1) Portability.--An alien may be employed by any United 
     States employer authorized by the Secretary of Homeland 
     Security to hire aliens admitted under section 218C.
       ``(2) Continuous employment.--An alien must be employed 
     while in the United States. An alien who fails to be employed 
     for 30 days is ineligible for hire until the alien departs 
     the United States and reenters as a nonimmigrant under 
     section 101(a)(15)(W). The Secretary of Homeland Security 
     may, in its sole and unreviewable discretion, reauthorize an 
     alien for employment, without requiring the alien's departure 
     from the United States.
       ``(o) Enumeration of Social Security Number.--The Secretary 
     of Homeland Security, in coordination with the Commissioner 
     of Social Security, shall implement a system to allow for the 
     enumeration of a Social Security number and production of a 
     Social Security card at time of admission of an alien under 
     section 101(a)(15)(W).
       ``(p) Denial of Discretionary Relief.--The determination of 
     whether an alien is eligible for a grant of nonimmigrant 
     status under section 101(a)(15)(W) 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 1158(a).
       ``(q) Judicial Review.--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to--
       ``(i) an order or notice denying an alien a grant of 
     nonimmigrant status under section 101(a)(15)(W) or any other 
     benefit arising from such status; or
       ``(ii) an order of removal, exclusion, or deportation 
     entered against an alien if such order is entered after the 
     termination of the alien's period of authorized admission as 
     a nonimmigrant under section 101(a)(15)(W); 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 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.''.
       (b) Prohibition on Change in Nonimmigrant Classification.--
     Section 248(1) of the Immigration and Nationality Act (8 
     U.S.C. 1258(1)) is amended by striking ``or (S)'' and 
     inserting ``(S), or (W)''.

     SEC. 413. STATUTORY CONSTRUCTION.

       Nothing in this subtitle, or any amendment made by this 
     title, 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.

     SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $500,000,000 for 
     facilities, personnel (including consular officers), 
     training, technology and processing necessary to carry out 
     the amendments made by this subtitle.

      Subtitle C--Mandatory Departure and Reentry in Legal Status

     SEC. 421. MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS.

       (a) In General.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended by inserting after section 
     218A, as added by section 412, the following new section:

     ``SEC. 218B. 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.--
       ``(1) Presence.--An alien must establish that the alien was 
     physically present in the United States 1 year prior to the 
     date of the introduction of the Comprehensive Enforcement and 
     Immigration Reform Act of 2005 in Congress and has been 
     continuously in the United States since such date, and was 
     not legally present in the United States under any 
     classification set forth in section 101(a)(15) on that date.
       ``(2) Employment.--An alien must establish that the alien 
     was employed in the United States prior to the date of the 
     introduction of the Comprehensive Enforcement and Immigration 
     Reform Act of 2005, and has been employed in the United 
     States since that date.
       ``(3) Admissibility.--
       ``(A) In general.--The alien must establish that he--
       ``(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.--An alien is ineligible for Deferred 
     Mandatory Departure status if the alien--
       ``(A) is subject to a final order or removal under section 
     240;
       ``(B) failed to depart the United States during the period 
     of a voluntary departure order under section 240B;
       ``(C) has been issued a Notice to Appear under section 239, 
     unless the sole acts of conduct alleged to be in violation of 
     the law are that the alien is removable under section 
     237(a)(1)(C) or is inadmissible under section 212(a)(6)(A);
       ``(D) is a resident of a country for which the Secretary of 
     State has made a determination that the government of such 
     country has repeatedly provided support for acts of 
     international terrorism under section 6(j) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)) or under 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371); or
       ``(E) 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--
       ``(A) if the Secretary of Homeland Security determines that 
     the alien was not in fact eligible for such status; or
       ``(B) if 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 determines is required 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 and gang 
     membership, immigration history, involvement with groups or 
     individuals that have

[[Page S3099]]

     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 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.
       ``(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 anti-fraud 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 of enactment of the Comprehensive Enforcement 
     and Immigration Reform Act of 2005.
       ``(3) Application.--An alien must submit an initial 
     application for Deferred Mandatory Departure status not later 
     than 6 months after the date of enactment of the 
     Comprehensive Enforcement and Immigration Reform Act of 2005. 
     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 of enactment of the Comprehensive 
     Enforcement and Immigration Reform Act of 2005.
       ``(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.--An alien who applies for Deferred 
     Mandatory Departure status shall submit to the Secretary of 
     Homeland Security--
       ``(1) an acknowledgment made in writing and under oath that 
     the alien--
       ``(A) is unlawfully present in the United States and 
     subject to removal or deportation, as appropriate, under this 
     Act; and
       ``(B) understands the terms of the terms of Deferred 
     Mandatory Departure;
       ``(2) any Social Security account number or card in the 
     possession of the alien or relied upon by the alien;
       ``(3) any false or fraudulent documents in the alien's 
     possession.
       ``(f) Mandatory Departure.--
       ``(1) In general.--The Secretary of Homeland Security may, 
     in the Secretary's sole and unreviewable discretion, grant an 
     alien Deferred Mandatory Departure status for a period not to 
     exceed 5 years.
       ``(2) Registration at time of departure.--An alien granted 
     Deferred Mandatory Departure must depart prior to the 
     expiration of the period of Deferred Mandatory Departure 
     status. The alien must register with the Secretary of 
     Homeland Security at time of departure and surrender any 
     evidence of Deferred Mandatory Departure status at time of 
     departure.
       ``(3) Return in legal status.--An alien who complies with 
     the terms of Deferred Mandatory Departure status and who 
     departs prior to the expiration of such status shall not be 
     subject to section 212(a)(9)(B) and, if otherwise eligible, 
     may immediately seek admission as a nonimmigrant or 
     immigrant.
       ``(4) 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.
       ``(5) Penalties for delayed departure.--An alien who fails 
     to depart immediately shall be subject to the following fees:
       ``(A) No fine if the alien departs within the first year 
     after the grant of Deferred Mandatory Departure.
       ``(B) $2,000 if the alien does not depart within the second 
     year after the grant of Deferred Mandatory Departure.
       ``(C) $3,000 if the alien does not depart within the third 
     year following the grant of Deferred Mandatory Departure.
       ``(D) $4,000 if the alien does not depart within the fourth 
     year following the grant of Deferred Mandatory Departure.
       ``(E) $5,000 if the alien does not depart during the fifth 
     year following the grant of Deferred Mandatory Departure.
       ``(g) Evidence of Deferred Mandatory Departure Status.--
     Evidence of Deferred Mandatory Departure status shall be 
     machine-readable, tamper-resistant, and allow for biometric 
     authentication. 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.--An alien granted Deferred Mandatory Departure status 
     is prohibited from applying to change status under section 
     248 or, unless otherwise eligible under section 245(i), from 
     applying for adjustment of status to that of a permanent 
     resident under section 245.
       ``(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) Family members.--
       ``(A) In general.--The spouse or child of an alien granted 
     Deferred Mandatory Departure status is subject to the same 
     terms and conditions as the principal alien, but is not 
     authorized to work in the United States.
       ``(B) Application fee.--
       ``(i) In general.--The spouse or child of an alien seeking 
     Deferred Mandatory Departure shall submit, in addition to any 
     other fee authorized by law, an additional fee of $500.
       ``(ii) Use of fee.--The fees collected under clause (i) 
     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 may be employed by any United 
     States employer authorized by the Secretary of Homeland 
     Security to hire aliens under section 218C.
       ``(2) Continuous employment.--An alien must be employed 
     while in the United States. An alien who fails to be employed 
     for 30 days is ineligible for hire until the alien has 
     departed the United States and reentered. The Secretary of 
     Homeland Security may, in the Secretary's sole and 
     unreviewable discretion, 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

[[Page S3100]]

     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 or protection under the Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment, done at New York December 10, 1984, 
     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 1158(a).
       ``(r) Judicial Review.--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to--
       ``(i) an order or notice denying an alien a grant of 
     Deferred Mandatory Departure status or any other benefit 
     arising from such status; or
       ``(ii) an order of removal, exclusion, or deportation 
     entered against an alien after a grant of Deferred Mandatory 
     Departure status; or
       ``(B) certify a class under Rule 23 of the Federal Rules of 
     Civil Procedure in any action for which judicial review is 
     authorized under a subsequent paragraph of this subsection.
       ``(2) Challenges to validity.--
       ``(A) In general.--Any right or benefit not otherwise 
     waived or limited pursuant this section is available in an 
     action instituted in the United States District Court for the 
     District of Columbia, but shall be limited to determinations 
     of--
       ``(i) whether such section, or any regulation issued to 
     implement such section, violates the Constitution of the 
     United States; or
       ``(ii) whether such a regulation, or a written policy 
     directive, written policy guideline, or written procedure 
     issued by or under the authority 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.''.
       (b) Conforming Amendment.--Amend section 
     237(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
     U.S.C. 1227(a)(2)(A)(i)(II)) is amended by striking the 
     period at the end and inserting ``(or 6 months in the case of 
     an alien granted Deferred Mandatory Departure status under 
     section 218B),''.

     SEC. 422. STATUTORY CONSTRUCTION.

       Nothing in this subtitle, or any amendment made by this 
     subtitle, 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.

     SEC. 423. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $1,000,000,000 for 
     facilities, personnel (including consular officers), 
     training, technology, and processing necessary to carry out 
     the amendments made by this subtitle.

             Subtitle D--Alien Employment Management System

     SEC. 431. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

       The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
     is amended by inserting after section 218B, as added by 
     section 621, the following new section:

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

       ``(a) Establishment.--
       ``(1) Purpose.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Labor, the Secretary of 
     State, and the Commissioner of Social Security, shall develop 
     and implement a program to authorize, manage and track the 
     employment of aliens described in section 218A or 218B.
       ``(2) Deadline.--The program under subsection (a) shall 
     commence prior to any alien being admitted under section 
     101(a)(15)(W) or granted Deferred Mandatory Departure under 
     section 218B.
       ``(b) Requirements.--The program shall--
       ``(1) enable employers who seek to hire aliens described in 
     section 218A or 218B to apply for authorization to employ 
     such aliens;
       ``(2) be interoperable with Social Security databases and 
     must provide a means of immediately verifying the identity 
     and employment authorization of an alien described in section 
     218A or 218B, for purposes of complying with title III of the 
     Comprehensive Enforcement and Immigration Reform Act of 2005;
       ``(3) require an employer to utilize readers or scanners at 
     the location of employment or at a Federal facility to 
     transmit the biometric and biographic information contained 
     in the alien's evidence of status to the Secretary of 
     Homeland Security, for purposes of complying with title III 
     of the Comprehensive Enforcement and Immigration Reform Act 
     of 2005; and
       ``(4) collect sufficient information from employers to 
     enable the Secretary of Homeland Security to identify--
       ``(A) whether an alien described in section 218A or 218B is 
     employed;
       ``(B) any employer that has hired an alien described in 
     section 218A or 218B;
       ``(C) the number of aliens described in section 218A or 
     218B that an employer is authorized to hire and is currently 
     employing; and
       ``(D) the occupation, industry and length of time that an 
     alien described in section 218A or 218B has been employed in 
     the United States.
       ``(c) Authorization to Hire Aliens Described in Section 
     218A or 218B.--
       ``(1) Application.--An employer must apply, through the 
     program described in subsection (a) of this section, to 
     obtain authorization to hire aliens described in section 218A 
     or 218B.
       ``(2) Penalties.--An employer who employs an alien 
     described in section 218A or 218B without authorization is 
     subject to the same penalties and provisions as an employer 
     who violates section 274(a)(1)(A) or (a)(2). An employer 
     shall be subject to penalties prescribed by the Secretary of 
     Homeland Security by regulation, which may include monetary 
     penalties and debarment from eligibility to hire aliens 
     described in section 218A or 218B.
       ``(3) Eligibility.--An employer must establish that it is a 
     legitimate company and must attest that it will comply with 
     the terms of the program established under subsection (a).
       ``(4) Number of aliens authorized.--An employer may request 
     authorization to multiple aliens described in section 218A or 
     218B.
       ``(5) Electronic form.--The program established under 
     subsection (a) shall permit employers to submit applications 
     under this subsection in an electronic form.
       ``(d) Notification Upon Termination of Employment.--An 
     employer, through the program established under subsection 
     (a), must notify the Secretary of Homeland Security not more 
     than 3 business days after the date of the termination of the 
     alien's employment. The employer is not authorized to fill 
     the position with another alien described in section 218A or 
     218B until the employer notifies the Secretary of Homeland 
     Security that the alien is no longer employed by that 
     employer.
       ``(e) Protection of United States Workers.--An employer may 
     not be authorized to hire an alien described in section 218A 
     or 218B until the employer submits an attestation stating the 
     following:
       ``(1) The employer has posted the position in a national, 
     electronic job registry maintained by the Secretary of Labor, 
     for not less than 30 days.
       ``(2) The employer has offered the position to any eligible 
     United States worker who applies and is equally or better 
     qualified for the job for which a temporary worker is sought 
     and who will be available at the time and place of need. An 
     employer shall maintain records for not less than 1 year 
     demonstrating that why United States workers who applied were 
     not hired.
       ``(3) The employer shall comply with the terms of the 
     program established under subsection (a), including the terms 
     of any temporary worker monitoring program established by the 
     Secretary.
       ``(4) The employer shall not hire more aliens than the 
     number authorized by the Secretary of Homeland Security has 
     authorized it to hire.
       ``(5) The worker shall be paid at least 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. All wages will be paid in a 
     timely manner and all payroll records will be maintained 
     accurately.
       ``(6) The employment of a temporary worker shall not 
     adversely affect the working conditions of other similarly 
     employed United States workers.

[[Page S3101]]

       ``(f) Approval.--After determining that there are no United 
     States workers who are qualified and willing to obtain the 
     employment for which the employer is seeking temporary 
     workers, the Secretary of Homeland Security may approve the 
     application submitted by the employer under this paragraph 
     for the number of temporary workers that the Secretary 
     determines are required by the employer. Such approval shall 
     be valid for a 2-year period.''.

     SEC. 432. LABOR INVESTIGATIONS.

       (a) In General.--The Secretary of Homeland Security and the 
     Secretary of Labor shall conduct audits, including random 
     audits, of employers who employ aliens described under 
     section 218A or 218B of the Immigration and Nationality Act, 
     as added by section 412 and 421, respectively.
       (b) Penalties.--The Secretary of Homeland Security shall 
     establish penalties, which may include debarment from 
     eligibility for hire also described under section 218A, as 
     added by section 412 of this Act, 218B, as added by section 
     421 of this Act, for employers who fail to comply with 
     section 218C of the Immigration and Nationality Act as added 
     by section 431 of this Act, and shall establish protections 
     for aliens who report employers who fail to comply with such 
     section.

            Subtitle E--Protection Against Immigration Fraud

     SEC. 441. GRANTS TO SUPPORT PUBLIC EDUCATION AND TRAINING.

       (a) General Program Purpose.--The purpose of this subtitle 
     is to assist qualified non-profit community organizations to 
     educate, train, and support non-profit agencies, immigrant 
     communities, and other interested entities regarding this Act 
     and the amendments made by this Act.
       (b) Purposes for Which Grants May Be Used.--The grants 
     under this part shall be used to fund public education, 
     training, technical assistance, government liaison, and all 
     related costs (including personnel and equipment) incurred by 
     non-profit community organizations in providing services 
     related to this Act, and to educate, train and support non-
     profit organizations, immigrant communities, and other 
     interested parties regarding this Act and the amendments made 
     by this Act and on matters related to its implementation. In 
     particular, funding shall be provided to non-profit 
     organizations for the purposes of--
       (1) educating immigrant communities and other interested 
     entities on the individuals and organizations that can 
     provide authorized legal representation in immigration 
     matters under regulations prescribed by the Secretary of 
     Homeland Security, and on the dangers of securing legal 
     advice and assistance from those who are not authorized to 
     provide legal representation in immigration matters;
       (2) educating interested entities on the requirements for 
     obtaining non-profit recognition and accreditation to 
     represent immigrants under regulations prescribed by the 
     Secretary of Homeland Security, and providing non-profit 
     agencies with training and technical assistance on the 
     recognition and accreditation process; and
       (3) educating non-profit community organizations, immigrant 
     communities and other interested entities on the process for 
     obtaining benefits under this Act or an amendment made by 
     this Act, and the availability of authorized legal 
     representation for low-income persons who may qualify for 
     benefits under this Act of an amendment made by this Act.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Office of Justice Programs at the 
     United States Department of Justice to carry out this 
     section--
       (1) $40,000,000 for fiscal year 2006;
       (2) $40,000,000 for fiscal year 2007; and
       (3) $40,000,000 for fiscal year 2008.
       (d) In General.--The Office of Justice Programs shall 
     ensure, to the extent possible, that the non-profit community 
     organizations funded under this Section shall serve 
     geographically diverse locations and ethnically diverse 
     populations who may qualify for benefits under the Act.

                     Subtitle F--Circular Migration

     SEC. 451. INVESTMENT ACCOUNTS.

       (a) In General.--Section 201 of the Social Security Act (42 
     U.S.C. 401) is amended by adding at the end the following:
       ``(o)(1) Notwithstanding any other provision of this 
     section, the Secretary of the Treasury shall transfer at 
     least quarterly from the Federal Old-Age and Survivors 
     Insurance Trust Fund and the Federal Disability Insurance 
     Trust Fund 100 percent of the temporary worker taxes to the 
     Temporary Worker Investment Fund for deposit in a temporary 
     worker investment account for each temporary worker as 
     specified in section 253.
       ``(2) For purposes of this subsection--
       ``(A) the term `temporary worker taxes' means that portion 
     of the amounts appropriated to the Federal Old-Age and 
     Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund under this section and properly 
     attributable to the wages (as defined in section 3121 of the 
     Internal Revenue Code of 1986) and self-employment income (as 
     defined in section 1402 of such Code) of temporary workers as 
     determined by the Commissioner of Social Security; and
       ``(B) the term `temporary worker' means an alien who is 
     admitted to the United States as a nonimmigrant under section 
     101(a)(15)(W) of the Immigration and Nationality Act.''.
       (b) Temporary Worker Investment Accounts.--Title II of the 
     Social Security Act (42 U.S.C. 401 et seq.) is amended--
       (1) by inserting before section 201 the ``PART A--SOCIAL 
     SECURITY''; and
       (2) by adding at the end the following:

            ``Part II--Temporary Worker Investment Accounts


                             ``DEFINITIONS

       ``Sec. 251. For purposes of this part:
       ``(1) Covered employer.--The term `covered employer' means, 
     for any calendar year, any person on whom an excise tax is 
     imposed under section 3111 of the Internal Revenue Code of 
     1986 with respect to having an individual in the person's 
     employ to whom wages are paid by such person during such 
     calendar year.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Treasury.
       ``(3) Temporary worker.--The term `temporary worker' an 
     alien who is admitted to the United States as a nonimmigrant 
     under section 101(a)(15)(W) of the Immigration and 
     Nationality Act.
       ``(4) Temporary worker investment account.--The term 
     `temporary worker investment account' means an account for a 
     temporary worker which is administered by the Secretary 
     through the Temporary Worker Investment Fund.
       ``(5) Temporary worker investment fund.--The term 
     `Temporary Worker Investment Fund' means the fund established 
     under section 253.


                 ``TEMPORARY WORKER INVESTMENT ACCOUNTS

       ``Sec. 252. (a) In General.--A temporary worker investment 
     account shall be established by the Secretary in the 
     Temporary Worker Investment Fund for each individual not 
     later than 10 business days after the covered employer of 
     such individual submits a W-4 form (or any successor form) 
     identifying such individual as a temporary worker.
       ``(b) Time Account Takes Effect.--A temporary worker 
     investment account established under subsection (a) shall 
     take effect with respect to the first pay period beginning 
     more than 14 days after the date of such establishment.
       ``(c) Temporary Worker's Property Right in Temporary Worker 
     Investment Account.--The temporary worker investment account 
     established for a temporary worker is the sole property of 
     the worker.


                   ``TEMPORARY WORKER INVESTMENT FUND

       ``Sec. 253. (a) In General.--There is created on the books 
     of the Treasury of the United States a trust fund to be known 
     as the `Temporary Worker Investment Fund' to be administered 
     by the Secretary. Such Fund shall consist of the assets 
     transferred under section 201(o) to each temporary worker 
     investment account established under section 252 and the 
     income earned under subsection (e) and credited to such 
     account.
       ``(b) Notice of Contributions.--The full amount of a 
     temporary worker`s investment account transfers shall be 
     shown on such worker's W-2 tax statement, as provided in 
     section 6051(a)(14) of the Internal Revenue Code of 1986.
       ``(c) Investment Earnings Report.--
       ``(1) In general.--At least annually, the Temporary Worker 
     Investment Fund shall provide to each temporary worker with a 
     temporary worker investment account managed by the Fund a 
     temporary worker investment status report. Such report may be 
     transmitted electronically upon the agreement of the 
     temporary worker under the terms and conditions established 
     by the Secretary.
       ``(2) Contents of report.--The temporary worker investment 
     status report, with respect to a temporary worker investment 
     account, shall provide the following information:
       ``(A) The total amounts transferred under section 201(o) in 
     the last quarter, the last year, and since the account was 
     established.
       ``(B) The amount and rate of income earned under subsection 
     (e) for each period described in subparagraph (A).
       ``(d) Maximum Administrative Fee.--The Temporary Worker 
     Investment Fund shall charge each temporary worker in the 
     Fund a single, uniform annual administrative fee not to 
     exceed 0.3 percent of the value of the assets invested in the 
     worker's account.
       ``(e) Investment Duties of Secretary.--The Secretary shall 
     establish policies for the investment and management of 
     temporary worker investment accounts, including policies that 
     shall provide for prudent Federal Government investment 
     instruments suitable for accumulating funds.


          ``TEMPORARY WORKER INVESTMENT ACCOUNT DISTRIBUTIONS

       ``Sec. 254. (a) Date of Distribution.--Except as provided 
     in subsections (b) and (c), a distribution of the balance in 
     a temporary worker investment account may only be made on or 
     after the date such worker departs the United States and 
     abandons such worker's nonimmigrant status under section 
     101(a)(15)(W) of the Immigration and Nationality Act and 
     returns to the worker's home country.
       ``(b) Distribution in the Event of Death.--If the temporary 
     worker dies before the date determined under subsection (a), 
     the balance in the worker`s account shall be distributed to 
     the worker's estate under rules established by the 
     Secretary.''.
       (c) Temporary Worker Investment Account Transfers Shown on 
     W-2s.--
       (1) In general.--Section 6051(a) of the Internal Revenue 
     Code of 1986 (relating to receipts for employees) is 
     amended--
       (A) by striking ``and'' at the end of paragraph (12);

[[Page S3102]]

       (B) by striking the period at the end of paragraph (13) and 
     inserting ``; and''; and
       (C) by inserting after paragraph (13) the following:
       ``(14) in the case of a temporary worker (as defined in 
     section 251(1) of the Social Security Act), of the amount 
     shown pursuant to paragraph (6), the total amount transferred 
     to such worker's temporary worker investment account under 
     section 201(o) of such Act.''.
       (2) Conforming amendments.--Section 6051 of the Internal 
     Revenue Code of 1986 is amended--
       (A) in subsection (a)(6), by inserting ``and paid as tax 
     under section 3111'' after ``section 3101''; and
       (B) in subsection (c), by inserting ``and paid as tax under 
     section 3111'' after ``section 3101''.

                     Subtitle G--Backlog Reduction

     SEC. 461. EMPLOYMENT BASED IMMIGRANTS.

       (a) Employment-Based Immigrant Limit.--Section 201(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1151(d)) is 
     amended to read as follows:
       ``(d) Worldwide Level of Employment-Based Immigrants.--The 
     worldwide level of employment-based immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 140,000;
       ``(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 
     and the number of visa numbers issued under this subsection 
     during those years; and
       ``(B) the number of visas described in subparagraph (A) 
     that were issued after fiscal year 2005; and
       ``(4) the number of visas previously made available under 
     section 203(e).''.
       (b) Diversity Visa Termination.--The allocation of 
     immigrant visas to aliens under section 203(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(c)), and the 
     admission of such aliens to the United States as immigrants, 
     is terminated. This provision shall become effective on 
     October 1st of the fiscal year following enactment of this 
     Act.
       (c) Immigration Task Force.--
       (1) In general.--There is established a task force to be 
     known as the Immigration Task Force (referred to in this 
     section as the ``Task Force'').
       (2) Purposes.--The purposes of the Task Force are--
       (A) to study the impact of the delay between the date on 
     which an application for immigration is submitted and the 
     date on which a determination on such application is made;
       (B) to study the impact of immigration of workers to the 
     United States on family unity; and
       (C) to provide to Congress any recommendations of the Task 
     Force regarding increasing the number immigrant visas issued 
     by the United States for family members and on the basis of 
     employment.
       (3) Membership.--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.
       (4) Qualifications.--
       (A) In general.--Members of the Task Force shall be--
       (i) individuals with expertise in economics, demography, 
     labor, business, or immigration or other pertinent 
     qualifications or experience; and
       (ii) representative of a broad cross-section of 
     perspectives within the United States, including the public 
     and private sectors and academia.
       (B) Political affiliation.--Not more than 5 members of the 
     Task Force may be members of the same political party.
       (C) 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.
       (5) Deadline for appointment.--All members of the Task 
     Force shall be appointed not later than 6 months after the 
     date of enactment of this Act.
       (6) 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.
       (7) Meetings.--
       (A) Initial meeting.--The Task Force shall meet and begin 
     the operations of the Task Force as soon as practicable.
       (B) Subsequent meetings.--After its initial meeting, the 
     Task Force shall meet upon the call of the chairman or a 
     majority of its members.
       (8) Quorum.--Six members of the Task Force shall constitute 
     a quorum.
       (9) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Task Force shall submit to 
     Congress, the Secretary of Labor, and the Secretary of 
     Homeland Security a report that contains--
       (A) findings with respect to the duties of the Task Force; 
     and
       (B) recommendations for modifying the numerical limits on 
     the number immigrant visas issued by the United States for 
     family members of individuals in the United States and on the 
     basis of employment.

     SEC. 462. COUNTRY LIMITS.

       Section 202(a) of the Immigration and Nationality Act (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. 463. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Employment-Based 
     Immigrants.--Section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)) is amended--
       (1) in paragraph (1), by striking ``28.6 percent'' and 
     inserting ``10 percent'';
       (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
     inserting ``10 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 ``4 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 36 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).
       (b) Conforming Amendments.--
       (1) Definition of special immigrant.--Section 101(a)(27)(M) 
     of the Immigration and Nationality Act (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 (8 U.S.C. 1153 note) is repealed.

               Subtitle H--Temporary Agricultural Workers

     SEC. 471. SENSE OF THE SENATE ON TEMPORARY AGRICULTURAL 
                   WORKERS.

       It is the sense of the Senate that consideration of any 
     comprehensive immigration reform during the 109th Congress 
     will include agricultural workers.

                 Subtitle I--Effect of Other Provisions

     SEC. 481. EFFECT OF OTHER PROVISIONS.

       Notwithstanding any other provision of this Act, the 
     provisions of, and the amendments made by, titles V and VI of 
     this Act are null and void.
                                 ______
                                 
  SA 3424. Mr. FRIST proposed an amendment 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.
Sec. 116. Deaths at United States-Mexico border.

             Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.

[[Page S3103]]

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.

             Subtitle E--Border Law Enforcement Relief Act

Sec. 151. Short title.
Sec. 152. Findings.
Sec. 153. Border relief grant program.
Sec. 154. Enforcement of Federal immigration law.

                     TITLE II--INTERIOR ENFORCEMENT

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

                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--Access to Earned Adjustment and Mandatory Departure and 
                                Reentry

Sec. 601. Access to earned adjustment and mandatory departure and 
              reentry.

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

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

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

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

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

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

                  CHAPTER 3--Miscellaneous Provisions

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

                         Subtitle C--DREAM Act

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. 644. Strengthening American citizenship.

     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

[[Page S3104]]

     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--
       (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.

[[Page S3105]]

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

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

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

[[Page S3106]]

       (7) Law enforcement cooperation.--The progress made in 
     enhancing law enforcement cooperation among Canada, Mexico, 
     and the United States through enhanced technical assistance 
     for the development and maintenance of a national database 
     built upon identified best practices for biometrics 
     associated with known and suspected criminals or terrorists, 
     including exploring the formation of law enforcement teams 
     that include personnel from the United States and Mexico, and 
     appropriate procedures for such teams.

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

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

     SEC. 115. COMBATING HUMAN SMUGGLING.

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

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

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

             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

[[Page S3107]]

       (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
       (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,

[[Page S3108]]

     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 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.''.

[[Page S3109]]

       (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.

             Subtitle E--Border Law Enforcement Relief Act

     SEC. 151. SHORT TITLE.

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

     SEC. 152. 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. 153. BORDER RELIEF GRANT PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, to an 
     eligible law enforcement agency to provide assistance to such 
     agency to address--
       (A) criminal activity that occurs in the jurisdiction of 
     such agency by virtue of such agency's proximity to the 
     United States border; and
       (B) the impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 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.
       (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. 154. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

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

                     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

[[Page S3110]]

       (4) in the undesignated paragraph, by striking ``For 
     purposes of clause (iv), an alien who is described in section 
     237(a)(4)(B) shall be considered to be an alien with respect 
     to whom there are reasonable grounds for regarding as a 
     danger to the security of the United States.''.
       (e) Record of Admission.--Section 249 (8 U.S.C. 1259) is 
     amended to read as follows:

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

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

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

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

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

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

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

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

       ``(V) that--

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

[[Page S3111]]

     does not renew such certification, the Secretary shall 
     release the alien, pursuant to subparagraph (H).
       ``(ii) Delegation.--Notwithstanding any other provision of 
     law, the Secretary may not delegate the authority to make or 
     renew a certification described in subclause (II), (III), or 
     (V) of subparagraph (E)(ii) to any employee reporting to the 
     Assistant Secretary for Immigration and Customs Enforcement.
       ``(iii) Hearing.--The Secretary may request that the 
     Attorney General, or a designee of the Attorney General, 
     provide for a hearing to make the determination described in 
     subparagraph (E)(ii)(IV)(bb)(BB).
       ``(H) Release on conditions.--If it is determined that an 
     alien should be released from detention, the Secretary may, 
     in the Secretary's discretion, impose conditions on release 
     in accordance with the regulations prescribed pursuant to 
     paragraph (3).
       ``(I) Redetention.--The Secretary, without any limitations 
     other than those specified in this section, may detain any 
     alien subject to a final removal order who has previously 
     been released from custody if--
       ``(i) the alien fails to comply with the conditions of 
     release;
       ``(ii) the alien fails to continue to satisfy the 
     conditions described in subparagraph (B); or
       ``(iii) upon reconsideration, the Secretary determines that 
     the alien can be detained under subparagraph (E).
       ``(J) Applicability.--This paragraph and paragraphs (6) and 
     (7) shall apply to any alien returned to custody under 
     subparagraph (I) as if the removal period terminated on the 
     day of the redetention.
       ``(K) Detention review process for aliens who have effected 
     an entry and fail to cooperate with removal.--The Secretary 
     shall detain an alien until the alien makes all reasonable 
     efforts to comply with a removal order and to cooperate fully 
     with the Secretary's efforts, if the alien--
       ``(i) has effected an entry into the United States; and
       ``(ii)(I) and the alien faces a significant likelihood that 
     the alien will be removed in the reasonably foreseeable 
     future, or would have been removed if the alien had not--

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

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

     SEC. 203. AGGRAVATED FELONY.

       (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--

[[Page S3112]]

       (1) by inserting ``, not later than 120 days after the 
     Secretary of Homeland Security's final determination,'' after 
     ``may''; and
       (2) by adding at the end the following: ``Except that in 
     any proceeding, other than a proceeding under section 340, 
     the court shall review for substantial evidence the 
     administrative record and findings of the Secretary of 
     Homeland Security regarding whether an alien is a person of 
     good moral character, understands and is attached to the 
     principles of the Constitution of the United States, or is 
     well disposed to the good order and happiness of the United 
     States. The petitioner shall have the burden of showing that 
     the Secretary's denial of the application was contrary to 
     law.''.
       (e) Persons Endangering National Security.--Section 316 (8 
     U.S.C. 1427) is amended by adding at the end the following:
       ``(g) Persons Endangering the National Security.--A person 
     may not be naturalized if the Secretary of Homeland Security 
     determines, based upon any relevant information or evidence, 
     including classified, sensitive, or national security 
     information, that the person was once an alien described in 
     section 212(a)(3) or 237(a)(4).''.
       (f) Concurrent Naturalization and Removal Proceedings.--
     Section 318 (8 U.S.C. 1429) is amended by striking ``the 
     Attorney General if'' and all that follows and inserting: 
     ``the Secretary of Homeland Security or any court if there is 
     pending against the applicant any removal proceeding or other 
     proceeding to determine the applicant's inadmissibility or 
     deportability, or to determine whether the applicant's lawful 
     permanent resident status should be rescinded, regardless of 
     when such proceeding was commenced. The findings of the 
     Attorney General in terminating removal proceedings or 
     canceling the removal of an alien under this Act shall not be 
     deemed binding in any way upon the Secretary of Homeland 
     Security with respect to the question of whether such person 
     has established eligibility for naturalization in accordance 
     with this title.''.
       (g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 
     1447(b)) is amended to read as follows:
       ``(b) Request for Hearing Before District Court.--If there 
     is a failure to render a final administrative decision under 
     section 335 before the end of the 180-day period beginning on 
     the date on which the Secretary of Homeland Security 
     completes all examinations and interviews required under such 
     section, the applicant may apply to the district court for 
     the district in which the applicant resides for a hearing on 
     the matter. The Secretary shall notify the applicant when 
     such examinations and interviews have been completed. Such 
     district court shall only have jurisdiction to review the 
     basis for delay and remand the matter, with appropriate 
     instructions, to the Secretary for the Secretary's 
     determination on the application.''.
       (h) Effective Date.--The amendments made by this section--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) shall apply to any act that occurred on or after such 
     date of enactment.

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

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

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

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

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

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

[[Page S3113]]

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

[[Page S3114]]

     ``SEC. 275. ILLEGAL ENTRY.

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

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

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

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

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.

[[Page S3115]]

``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``1555. Exception for refugees and asylees.

     ``Sec. 1541. Trafficking in passports

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

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

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

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

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

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

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

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

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

     ``Sec. 1544. Misuse of a passport

       ``(a) In General.--Any person who--
       ``(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 S3116]]

     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 S3117]]

     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 S3118]]

       (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 S3119]]

     ``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 S3120]]

       (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 S3121]]

     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 S3122]]

     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 S3123]]

       ``(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 S3124]]

     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) Mid-sized 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 S3125]]

     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 S3126]]

     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 S3127]]

     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 S3128]]

       ``(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 S3129]]

       ``(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 S3130]]

     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 S3131]]

     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 S3132]]

       (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 S3133]]

     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 S3134]]

     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)(i) 450,000, for each of the fiscal years 2007 through 
     2016; or
       ``(ii) 290,000, for fiscal year 2017 and each subsequent 
     fiscal year;
       ``(B) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year; and
       ``(C) the difference between--
       ``(i) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     and the number of visa numbers issued under this subsection 
     during those fiscal years; and
       ``(ii) the number of visas calculated under clause (i) that 
     were issued after fiscal year 2005.
       ``(2) Visas for spouses and children.--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.--
       ``(A) In general.--Visas shall be made available, in a 
     number not to exceed 30 percent of such worldwide level, plus 
     any visa numbers not required for the classes specified in 
     paragraphs (1) through (4), to qualified immigrants who are 
     capable, at the time of petitioning for classification under 
     this paragraph, of performing unskilled labor that is not of 
     a temporary or seasonal nature, for which qualified workers 
     are determined to be unavailable in the United States.
       ``(B) Priority.--In allocating visas under subparagraph 
     (A), priority shall be given to qualified immigrants who were 
     physically present in the United States before January 7, 
     2004,''; 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--

[[Page S3135]]

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

     SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

       (a) Short Title.--This section may be cited as the ``Widows 
     and Orphans Act of 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

[[Page S3136]]

     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 (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

[[Page S3137]]

       (B) filed on or after such date of enactment.
       (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 
     U.S.C. 1182(a)(5)(A)(ii)) is amended--
       (1) in subclause (I), by striking ``or'' at the end;
       (2) in subclause (II), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:

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

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

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

       (a) Short Title.--This section may be cited as the 
     ``Immigrant Accountability Act of 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 April 5, 2006;
       ``(II) was not legally present in the United States on 
     April 5, 2006; and
       ``(III) did not depart from the United States during the 5-
     year period ending on April 5, 2006, except for brief, 
     casual, and innocent departures.

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

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

       ``(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
       ``(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.

[[Page S3138]]

       ``(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.
       ``(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.

[[Page S3139]]

       ``(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 of aliens applying for adjustment of status under 
     this section.
       ``(n) Mandatory Departure and Reentry.--Any alien who was 
     physically present in the United States on January 7, 2004, 
     who seeks to adjust status under this section, but does not 
     satisfy the requirements of subparagraph (B) or (D) of 
     subsection (a)(1), shall be eligible to depart the United 
     States and to seek admission as a nonimmigrant or an 
     immigrant alien described in section 245C.
       ``(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 subsection (b)(1), is further amended by 
     inserting after section 245B the following: ``

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

       ``(a) In General.--The Secretary of Homeland Security may 
     grant Deferred Mandatory Departure status to aliens who are 
     in the United States illegally to allow such aliens time to 
     depart the United States and to seek admission as a 
     nonimmigrant or immigrant alien.
       ``(b) Requirements.--An alien desiring an adjustment of 
     status under subsection (a) shall meet the following 
     requirements:
       ``(1) Presence.--The alien shall establish that the alien--
       ``(A) was physically present in the United States on 
     January 7, 2004;
       ``(B) has been continuously in the United States since such 
     date, except for brief, casual, and innocent departures; and
       ``(C) was not legally present in the United States on that 
     date under any classification set forth in section 
     101(a)(15).
       ``(2) Employment.--
       ``(A) In general.--The alien shall establish that the 
     alien--
       ``(i) was employed in the United States, whether full time, 
     part time, seasonally, or self-employed, before January 7, 
     2004; and
       ``(ii) has been continuously employed in the United States 
     since that date, except for brief periods of unemployment 
     lasting not longer than 60 days.

[[Page S3140]]

       ``(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.
       ``(2) Registration at time of departure.--An alien granted 
     Deferred Mandatory Departure shall--
       ``(A) depart from the United States before the expiration 
     of the period of Deferred Mandatory Departure status;
       ``(B) register with the Secretary of Homeland Security at 
     the time of departure; and
       ``(C) surrender any evidence of Deferred Mandatory 
     Departure status at the time of departure.
       ``(3) Application for readmission.--
       ``(A) In general.--An alien under this section may apply 
     for admission to the United States as an immigrant or 
     nonimmigrant while in the United States or from any location 
     outside of the United States, but may not be granted 
     admission until the alien has departed from the United States 
     in accordance with paragraph (2).
       ``(B) Approval.--The Secretary may approve an application 
     under subparagraph (A) during the period in which the alien 
     is present in the United States under Deferred Mandatory 
     Departure status.
       ``(C) US-visit.--An alien in Deferred Mandatory Departure 
     status who is seeking admission as a nonimmigrant or 
     immigrant alien may exit the United States and immediately 
     reenter the United States at any land port of entry at which 
     the US-VISIT exit and entry system can process such alien for 
     admission into the United States.
       ``(D) Interview requirements.--Notwithstanding any other 
     provision of law, any admission requirement involving in-
     person interviews at a consulate of the United States shall 
     be waived for aliens granted Deferred Mandatory Departure 
     status under this section.
       ``(E) Waiver of numerical limitations.--The numerical 
     limitations under section 214 shall not apply to any alien 
     who is admitted as a nonimmigrant under this paragraph.
       ``(4) Effect of readmission on spouse or child.--The spouse 
     or child of an alien granted Deferred Mandatory Departure and 
     subsequently granted an immigrant or nonimmigrant visa before 
     departing the United States shall be--
       ``(A) deemed to have departed under this section upon the 
     successful admission of the principal alien; and
       ``(B) eligible for the derivative benefits associated with 
     the immigrant or nonimmigrant visa granted to the principal

[[Page S3141]]

     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.--
       ``(1) In general.--Before leaving the United States, an 
     alien granted Deferred Mandatory Departure status may not 
     apply to change status under section 248.
       ``(2) Adjustment of status.--An alien may not adjust to an 
     immigrant classification under this section until after the 
     earlier of--
       ``(A) the consideration of all applications filed under 
     section 201, 202, or 203 before the date of enactment of this 
     section; or
       ``(B) 8 years after the date of enactment of this section.
       ``(j) Application Fee.--
       ``(1) In general.--An alien seeking a grant of Deferred 
     Mandatory Departure status shall submit, in addition to any 
     other fees authorized by law, an application fee of $1,000.
       ``(2) Use of fee.--The fees collected under paragraph (1) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove 
     illegal aliens.
       ``(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 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--

[[Page S3142]]

       ``(i) whether such section, or any regulation issued to 
     implement such section, violates the Constitution of the 
     United States; or
       ``(ii) whether such a regulation, or a written policy 
     directive, written policy guideline, or written procedure 
     issued by or under the authority of the Secretary of Homeland 
     Security to implement such section, is not consistent with 
     applicable provisions of this section or is otherwise in 
     violation of law.''.
       (2) Table of contents.--The table of contents (8 U.S.C. 
     1101 et seq.), as amended by this subsection (b)(2), is 
     further amended by inserting after the item relating to 
     section 245B the following:

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

   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 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.

[[Page S3143]]

       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures promulgated by the American Arbitration 
     Association applicable to private arbitration of employment 
     disputes. The arbitrator shall make findings respecting 
     whether the termination was for just cause. The arbitrator 
     may not find that the termination was for just cause unless 
     the employer so demonstrates by a preponderance of the 
     evidence. If the arbitrator finds that the termination was 
     not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including, but 
     not limited to, reinstatement, back pay, or front pay to the 
     affected employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall transmit the 
     findings in the form of a written opinion to the parties to 
     the arbitration and the Secretary. Such findings shall be 
     final and conclusive, and no official or court of the United 
     States shall have the power or jurisdiction to review any 
     such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted blue card status without just 
     cause, the Secretary shall credit the alien for the number of 
     days or hours of work lost for purposes of the requirement of 
     subsection (c)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of days or hours of work lost by the employee as a 
     result of the employment termination may be referred to the 
     Secretary pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted blue card status has failed to provide the record of 
     employment required under subsection (a)(5) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil money penalty in an 
     amount not to exceed $1,000 per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (c) Adjustment to Permanent Residence.--
       (1) Agricultural workers.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall adjust the status of an alien granted 
     blue card status to that of an alien lawfully admitted for 
     permanent residence if the Secretary determines that the 
     following requirements are satisfied:
       (i) Qualifying employment.--The alien has performed at 
     least--

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

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

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

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

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

       (iv) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of the 
     enactment of this Act.
       (v) Fine.--The alien pays a fine to the Secretary in an 
     amount equal to $400.
       (B) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien adjustment to permanent resident 
     status, and provide for termination of the blue card status 
     granted such alien, if--
       (i) the Secretary finds by a preponderance of the evidence 
     that the adjustment to blue card status was the result of 
     fraud or willful misrepresentation, as described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

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

       (C) Grounds for removal.--Any alien granted blue card 
     status who does not apply for adjustment of status under this 
     subsection before the expiration of the application period 
     described in subparagraph (A)(iv), or who fails to meet the 
     other requirements of subparagraph (A) by the end of the 
     applicable period, is deportable and may be removed under 
     section 240 of the Immigration and Nationality Act (8 U.S.C. 
     1229a).
       (D) Payment of 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

[[Page S3144]]

     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 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

[[Page S3145]]

     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 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

[[Page S3146]]

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

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

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

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218E through 218G.
       ``(2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(d) Withdrawal of Applications.--
       ``(1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       ``(2) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under 
     subsection (a) is unaffected by withdrawal of such 
     application.
       ``(e) Review and Approval of Applications.--
       ``(1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the date on which an application under subsection (a) is 
     filed, at the employer's principal place of business or work 
     site, a copy of each such application (and such accompanying 
     documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     this subsection. Such list shall include the wage rate, 
     number of workers sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for examination in the District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.''; 
     and
       (2) by inserting after section 218D, as added by section 
     601 of this Act, the following:

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

       ``(a) Preferential Treatment of Aliens Prohibited.--
     Employers seeking to hire United States workers shall offer 
     the United States workers no less than the same benefits, 
     wages, and working conditions that the employer is offering, 
     intends to offer, or will provide to H-2A workers. 
     Conversely, no job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers.
       ``(b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that section and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--When it is the prevailing practice 
     in the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.

[[Page S3147]]

       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement under clause (ii) is 
     satisfied, the employer may provide a reasonable housing 
     allowance instead of offering housing under subparagraph (A). 
     Upon the request of a worker seeking assistance in locating 
     housing, the employer shall make a good faith effort to 
     assist the worker in identifying and locating housing in the 
     area of intended employment. An employer who offers a housing 
     allowance to a worker, or assists a worker in locating 
     housing which the worker occupies, pursuant to this clause 
     shall not be deemed a housing provider under section 203 of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1823) solely by virtue of providing such housing 
     allowance. No housing allowance may be used for housing which 
     is owned or controlled by the employer.
       ``(ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who are seeking temporary housing while 
     employed at farm work. Such certification shall expire after 
     3 years unless renewed by the Governor of the State.
       ``(iii) Amount of allowance.--

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

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

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

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and work 
     site.--The employer shall provide transportation between the 
     worker's living quarters and the employer's work site without 
     cost to the worker, and such transportation will be in 
     accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of the enactment 
     of the 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:

[[Page S3148]]

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

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

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

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

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

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       ``(iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       ``(v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

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

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

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

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

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

       ``(a) Petitioning for Admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission into the United States of 
     an H-2A worker may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if

[[Page S3149]]

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

[[Page S3150]]

       ``(A) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, or dairy worker;
       ``(B) who has maintained such nonimmigrant status in the 
     United States for a cumulative total of 36 months (excluding 
     any period of absence from the United States); and
       ``(C) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(2) Classification petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       ``(A) the alien's employer on behalf of an eligible alien; 
     or
       ``(B) the eligible alien.
       ``(3) No labor certification required.--Notwithstanding 
     section 203(b)((3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     described in paragraph (1)(C) for an eligible alien.
       ``(4) Effect of petition.--The filing of a petition 
     described in paragraph (2) or an application for adjustment 
     of status based on the approval of such a petition, shall not 
     constitute evidence of an alien's ineligibility for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a).
       ``(5) Extension of stay.--The Secretary of Homeland 
     Security shall extend the stay of an eligible alien having a 
     pending or approved classification petition described in 
     paragraph (2) in 1-year increments until a final 
     determination is made on the alien's eligibility for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence.
       ``(6) Construction.--Nothing in this subsection shall be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.

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

       ``(a) Enforcement Authority.--
       ``(1) Investigation of complaints.--
       ``(A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a complaint is filed, for a determination as to 
     whether or not a reasonable basis exists to make a finding 
     described in subparagraph (C), (D), (E), or (H). If the 
     Secretary of Labor determines that such a reasonable basis 
     exists, the Secretary of Labor shall provide for notice of 
     such determination to the interested parties and an 
     opportunity for a hearing on the complaint, in accordance 
     with section 556 of title 5, United States Code, within 60 
     days after the date of the determination. If such a hearing 
     is requested, the Secretary of Labor shall make a finding 
     concerning the matter not later than 60 days after the date 
     of the hearing. In the case of similar complaints respecting 
     the same applicant, the Secretary of Labor may consolidate 
     the hearings under this subparagraph on such complaints.
       ``(C) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), 
     a substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218(b), or a material misrepresentation of fact in an 
     application under section 218(a)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $1,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       ``(D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $5,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       ``(ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       ``(iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       ``(E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(a), in the course of which 
     failure or misrepresentation the employer displaced a United 
     States worker employed by the employer during the period of 
     employment on the employer's application under section 218(a) 
     or during the period of 30 days preceding such period of 
     employment--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $15,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.
       ``(F) Limitations on civil money penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to an application under section 218(a) in excess of 
     $90,000.
       ``(G) Failures to pay wages or required benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment, required under 
     section 218E(b), the Secretary of Labor shall assess payment 
     of back wages, or other required benefits, due any United 
     States worker or H-2A worker employed by the employer in the 
     specific employment in question. The back wages or other 
     required benefits under section 218E(b) shall be equal to the 
     difference between the amount that should have been paid and 
     the amount that actually was paid to such worker.
       ``(2) Statutory construction.--Nothing in this section 
     shall be construed as limiting the authority of the Secretary 
     of Labor to conduct any compliance investigation under any 
     other labor law, including any law affecting migrant and 
     seasonal agricultural workers, or, in the absence of a 
     complaint under this section, under section 218 or 218E.
       ``(b) Rights Enforceable by Private Right of Action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in subsection (c), and no other 
     right of action shall exist under Federal or State law to 
     enforce such rights:
       ``(1) The providing of housing or a housing allowance as 
     required under section 218E(b)(1).
       ``(2) The reimbursement of transportation as required under 
     section 218E(b)(2).
       ``(3) The payment of wages required under section 
     218E(b)(3) when due.
       ``(4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218(a)(2), not including the assurance to comply with 
     other Federal, State, and local labor laws described in 
     section 218E(c), compliance with which shall be governed by 
     the provisions of such laws.
       ``(5) The guarantee of employment required under section 
     218E(b)(4).
       ``(6) The motor vehicle safety requirements under section 
     218E(b)(5).
       ``(7) The prohibition of discrimination under subsection 
     (d)(2).
       ``(c) Private Right of Action.--
       ``(1) Mediation.--Upon the filing of a complaint by an H-2A 
     worker aggrieved by a violation of rights enforceable under 
     subsection (b), and within 60 days of the filing of proof of 
     service of the complaint, a party to the action may file a 
     request with the Federal Mediation and Conciliation Service 
     to assist the parties in reaching a satisfactory resolution 
     of all issues involving all parties to the dispute. Upon a 
     filing of such request and giving of notice to the parties, 
     the parties shall attempt mediation within the period 
     specified in subparagraph (B).
       ``(A) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under subsection (b) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       ``(B) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other non-binding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--
       ``(i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       ``(ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit

[[Page S3151]]

     in any district court of the United States having 
     jurisdiction of the parties, without regard to the amount in 
     controversy, without regard to the citizenship of the 
     parties, and without regard to the exhaustion of any 
     alternative administrative remedies under this Act, not later 
     than 3 years after the date the violation occurs.
       ``(3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn 
     before the filing of such action, in which case the rights 
     and remedies available under this subsection shall be 
     exclusive.
       ``(4) Preemption of state contract rights.--Nothing in this 
     Act shall be construed to diminish the rights and remedies of 
     an H-2A worker under any other Federal or State law or 
     regulation or under any collective bargaining agreement, 
     except that no court or administrative action shall be 
     available under any State contract law to enforce the rights 
     created by this Act.
       ``(5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this Act 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this Act. The preceding sentence may not be 
     construed to prohibit agreements to settle private disputes 
     or litigation.
       ``(6) Award of damages or other equitable relief.--
       ``(A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       ``(B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(7) Workers' compensation benefits; exclusive remedy.--
       ``(A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       ``(B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front pay or in any manner, directly or indirectly, 
     expand or otherwise alter or affect--
       ``(i) a recovery under a State workers' compensation law; 
     or
       ``(ii) rights conferred under a State workers' compensation 
     law.
       ``(8) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under subsection (c) shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(9) Preclusive effect.--Any settlement by an H-2A worker 
     and an H-2A employer or any person reached through the 
     mediation process required under subsection (c)(1) shall 
     preclude any right of action arising out of the same facts 
     between the parties in any Federal or State court or 
     administrative proceeding, unless specifically provided 
     otherwise in the settlement agreement.
       ``(10) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(d) Discrimination Prohibited.--
       ``(1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a former employee and an applicant for employment) 
     because the employee has disclosed information to the 
     employer, or to any other person, that the employee 
     reasonably believes evidences a violation of section 218 or 
     218E or any rule or regulation pertaining to section 218 or 
     218E, or because the employee cooperates or seeks to 
     cooperate in an investigation or other proceeding concerning 
     the employer's compliance with the requirements of section 
     218 or 218E or any rule or regulation pertaining to either of 
     such sections.
       ``(2) Discrimination against h-2a workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       ``(e) Authorization to Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218E, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.

     ``SEC. 218H. DEFINITIONS.

       ``For purposes of this section, section 218, and sections 
     218E through 218G:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2a employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2a worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       ``(9) Lays off.--
       ``(A) In general.--The term `lays off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     section 218E(b)(4)(D)), or temporary layoffs due to weather, 
     markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.

[[Page S3152]]

       ``(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--
       (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

[[Page S3153]]

     paragraphs (1), (3), and (6) of section 237(a) of that Act 
     for humanitarian purposes or family unity or when it is 
     otherwise in the public interest.
       (3) Procedures.--The Secretary shall provide a procedure by 
     regulation allowing eligible individuals to apply 
     affirmatively for the relief available under this subsection 
     without being placed in removal proceedings.
       (b) Termination of Continuous Period.--For purposes of this 
     section, any period of continuous residence or continuous 
     physical presence in the United States of an alien who 
     applies for cancellation of removal under this section shall 
     not terminate when the alien is served a notice to appear 
     under section 239(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1229(a)).
       (c) Treatment of Certain Breaks in Presence.--
       (1) In general.--An alien shall be considered to have 
     failed to maintain continuous physical presence in the United 
     States under subsection (a) if the alien has departed from 
     the United States for any period in excess of 90 days or for 
     any periods in the aggregate exceeding 180 days.
       (2) Extensions for exceptional circumstances.--The 
     Secretary may extend the time periods described in paragraph 
     (1) if the alien demonstrates that the failure to timely 
     return to the United States was due to exceptional 
     circumstances. The exceptional circumstances determined 
     sufficient to justify an extension should be no less 
     compelling than serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child.
       (d) Exemption From Numerical Limitations.--Nothing in this 
     section may be construed to apply a numerical limitation on 
     the number of aliens who may be eligible for cancellation of 
     removal or adjustment of status under this section.
       (e) Regulations.--
       (1) Proposed regulations.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall 
     publish proposed regulations implementing this section. Such 
     regulations shall be effective immediately on an interim 
     basis, but are subject to change and revision after public 
     notice and opportunity for a period for public comment.
       (2) Interim, final regulations.--Within a reasonable time 
     after publication of the interim regulations in accordance 
     with paragraph (1), the Secretary shall publish final 
     regulations implementing this section.
       (f) Removal of Alien.--The Secretary may not remove any 
     alien who has a pending application for conditional status 
     under this subtitle.

     SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.

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

     SEC. 626. RETROACTIVE BENEFITS.

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

     SEC. 627. EXCLUSIVE JURISDICTION.

       (a) In General.--The Secretary shall have exclusive 
     jurisdiction to determine eligibility for relief under this 
     subtitle, except where the alien has been placed into 
     deportation, exclusion, or removal proceedings either prior 
     to or after filing an application for relief under this 
     subtitle, in which case the Attorney General shall have 
     exclusive jurisdiction and shall assume all the powers and 
     duties of the Secretary until proceedings are terminated, or 
     if a final order of deportation, exclusion, or removal is 
     entered the Secretary shall resume all powers and duties 
     delegated to the Secretary under this subtitle.
       (b) Stay of Removal of Certain Aliens Enrolled in Primary 
     or Secondary

[[Page S3154]]

     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 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.

     SEC. 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,

[[Page S3155]]

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

[[Page S3156]]

     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 3425. Mr. FRIST proposed an amendment to amendment SA 3424 
proposed by Mr. Frist 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 instructions, add the following 
     amendment:
       This section shall become effective one (1) day after the 
     date of enactment.
                                 ______
                                 
  SA 3426. Mr. FRIST proposed an amendment to amendment SA 3425 
proposed by Mr. Frist to the amendment SA 3424, proposed by Mr. Frist 
to the bill S. 2454, to amend the Immigration and Nationality Act to 
provide for comprehensive reform and for other purposes; as follows:

       Strike ``one (1) day'' and insert ``two days''.

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