[Congressional Record Volume 152, Number 67 (Thursday, May 25, 2006)]
[Senate]
[Pages S5259-S5270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4188. Mr. SPECTER (for himself and Mr. Kennedy) proposed an 
amendment to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; as follows:

       On page 8, between lines 20 and 21, insert the following:
       (3) Deputy united states marshals.--In each of the fiscal 
     years 2007 through 2011, the Attorney General shall, subject 
     to the availability of appropriations, increase by not less 
     than 50 the number of positions for full-time active duty 
     Deputy United States Marshals that investigate criminal 
     matters related to immigration.
       (4) Recruitment of former military personnel.--
       (A) In general.--The Commissioner of United States Customs 
     and Border Protection, in conjunction with the Secretary of 
     Defense or a designee of the Secretary of Defense, shall 
     establish a program to actively recruit members of the Army, 
     Navy, Air Force, Marine Corps, and Coast Guard who have 
     elected to separate from active duty.
       (B) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Commissioner shall submit a report 
     on the implementation of the recruitment program established 
     pursuant to subparagraph (A) to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives.
       On page 9, line 3, strike ``(2)'' and insert the following:
       (2) Deputy united states marshals.--There are authorized to 
     be appropriated to the Attorney General such sums as may be 
     necessary for each of the fiscal years 2007 through 2011 to 
     carry out subsection (a)(3).
       (3)
       On page 33, between lines 9 and 10, insert the following:

     SEC. 117. 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) Consultation Requirement.--Federal, State, and local 
     representatives in the United States shall consult with their 
     counterparts in Mexico concerning the construction of 
     additional fencing and related border security structures 
     along the international border between the United States and 
     Mexico, as authorized by this title, before the commencement 
     of any such construction in order to--
       (1) solicit the views of affected communities;
       (2) lessen tensions; and
       (3) foster greater understanding and stronger cooperation 
     on this and other important security issues of mutual 
     concern.
       (e) 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.
       On page 51, line 12, strike ``554'' and insert ``555''.
       On page 53, between lines 3 and 4, strike ``554'' and 
     insert ``555''.
       On page 53, between lines 14 and 15, insert the following:

     SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS 
                   AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE 
                   IN THE BUREAU OF CUSTOMS AND BORDER PROTECTION.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security and the Secretary of Defense shall jointly submit to 
     the appropriate committees of Congress a report assessing the 
     desirability and feasibility of offering incentives to 
     covered members and former members of the Armed Forces for 
     the purpose of encouraging such members to serve in the 
     Bureau of Customs and Border Protection.
       (b) Covered Members and Former Members of the Armed 
     Forces.--For purposes of this section, covered members and 
     former members of the Armed Forces are the following:
       (1) Members of the reserve components of the Armed Forces.
       (2) Former members of the Armed Forces within two years of 
     separation from service in the Armed Forces.
       (c) Requirements and Limitations.--
       (1) Nature of incentives.--In considering incentives for 
     purposes of the report required by subsection (a), the 
     Secretaries shall consider such incentives, whether monetary 
     or otherwise and whether or not authorized by current law or 
     regulations, as the Secretaries jointly consider appropriate.
       (2) Targeting of incentives.--In assessing any incentive 
     for purposes of the report, the

[[Page S5260]]

     Secretaries shall give particular attention to the utility of 
     such incentive in--
       (A) encouraging service in the Bureau of Customs and Border 
     Protection after service in the Armed Forces by covered 
     members and former of the Armed Forces who have provided 
     border patrol or border security assistance to the Bureau as 
     part of their duties as members of the Armed Forces; and
       (B) leveraging military training and experience by 
     accelerating training, or allowing credit to be applied to 
     related areas of training, required for service with the 
     Bureau of Customs and Border Protection.
       (3) Payment.--In assessing incentives for purposes of the 
     report, the Secretaries shall assume that any costs of such 
     incentives shall be borne by the Department of Homeland 
     Security.
       (d) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of various monetary and non-monetary 
     incentives considered for purposes of the report.
       (2) An assessment of the desirability and feasibility of 
     utilizing any such incentive for the purpose specified in 
     subsection (a), including an assessment of the particular 
     utility of such incentive in encouraging service in the 
     Bureau of Customs and Border Protection after service in the 
     Armed Forces by covered members and former members of the 
     Armed Forces described in subsection (c)(2).
       (3) Any other matters that the Secretaries jointly consider 
     appropriate.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services, Homeland Security and 
     Governmental Affairs, and Appropriations of the Senate; and
       (2) the Committees on Armed Services, Homeland Security, 
     and Appropriations of the House of Representatives.

     SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.

       (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) Extension of Western Hemisphere Travel Initiative 
     Implementation Deadline.--Section 7209(b)(1) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note) is amended by 
     striking ``January 1, 2008'' and inserting ``the later of 
     June 1, 2009, or 3 months after the Secretary of State and 
     the Secretary of Homeland Security make the certification 
     required in subsection (i) of section 133 of the 
     Comprehensive Immigration Reform Act of 2006.''.
       (c) Passport Cards.--
       (1) Authority to issue.--In order to facilitate travel of 
     United States citizens to Canada, Mexico, the countries 
     located in the Caribbean, and Bermuda, the Secretary of 
     State, in consultation with the Secretary, is authorized to 
     develop a travel document known as a Passport Card.
       (2) 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 be 
     authorized to issue to a citizen of the United States who 
     submits an application in accordance with paragraph (5) a 
     travel document that will serve as a Passport Card.
       (3) Applicability.--A Passport Card shall be deemed to be a 
     United States passport for the purpose of United States laws 
     and regulations relating to United States passports.
       (4) Validity.--A Passport Card shall be valid for the same 
     period as a United States passport.
       (5) Limitation on use.--A Passport Card may only be used 
     for the purpose of international travel by United States 
     citizens through land and sea ports of entry between--
       (A) the United States and Canada;
       (B) the United States and Mexico; and
       (C) the United States and a country located in the 
     Caribbean or Bermuda.
       (6) Application for issuance.--To be issued a Passport 
     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.
       (7) Technology.--
       (A) Expedited traveler programs.--To the maximum extent 
     practicable, a Passport 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 Passport Card is not 
     developed by that date.
       (B) Technology.--The Secretary and the Secretary of State 
     shall establish a technology implementation plan that 
     accommodates desired technology requirements of the 
     Department of State and the Department, allows for future 
     technological innovations, and ensures maximum facilitation 
     at the northern and southern borders.
       (8) Specifications for card.--A Passport Card shall be 
     easily portable and durable. The Secretary of State and the 
     Secretary 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.
       (9) Fee.--
       (A) In general.--An applicant for a Passport Card shall 
     submit an application under paragraph (6) together with a 
     nonrefundable fee in an amount to be determined by the 
     Secretary of State. Passport Card fees shall be deposited as 
     an offsetting collection to the appropriate Department of 
     State appropriation, to remain available until expended.
       (B) Limitation on fees.--
       (i) In general.--The Secretary of State shall seek to make 
     the application fee under this paragraph as low as possible.
       (ii) Maximum fee without certification.--Except as provided 
     in clause (iii), the application fee may not exceed $24.
       (iii) Maximum fee with certification.--The application fee 
     may be not more than $34 if the Secretary of State, the 
     Secretary, and the Postmaster General--

       (I) jointly certify to Congress that the cost to produce 
     and issue a Passport Card significantly exceeds $24; and
       (II) provide a detailed cost analysis for such fee.

       (C) Reduction of fee.--The Secretary of State shall reduce 
     the fee for a Passport Card for an individual who submits an 
     application for a Passport Card together with an application 
     for a United States passport.
       (D) Waiver of fee for children.--The Secretary of State 
     shall waive the fee for a Passport Card for a child under 18 
     years of age.
       (E) Audit.--In the event that the fee for a Passport Card 
     exceeds $24, the Comptroller General of the United States 
     shall conduct an audit to determine whether Passport Cards 
     are issued at the lowest possible cost.
       (10) Accessibility.--In order to make the Passport Card 
     easily obtainable, an application for a Passport Card shall 
     be accepted in the same manner and at the same locations as 
     an application for a United States passport.
       (11) 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 
     Passport Card.
       (d) State Enrollment Demonstration Program.--
       (1) In general.--Notwithstanding any other provisions of 
     law, the Secretary of State and the Secretary shall enter 
     into a memorandum of understanding with 1 or more appropriate 
     States to carry out at least 1 demonstration program as 
     follows:
       (A) A State may include an individual's United States 
     citizenship status on a driver's license which meets the 
     requirements of section 202 of the REAL ID Act of 2005 
     (division B of Public Law 109-13; 49 U.S.C. 30301 note).
       (B) The Secretary of State shall develop a mechanism to 
     communicate with a participating State to verify the United 
     States citizenship status of an applicant who voluntarily 
     seeks to have the applicant's United States citizenship 
     status included on a driver's license.
       (C) All information collected about the individual shall be 
     managed exclusively in the same manner as information 
     collected through a passport application and no further 
     distribution of such information shall be permitted.
       (D) A State may not require an individual to include the 
     individual's citizenship status on a driver's license.
       (E) Notwithstanding any other provision of law, a driver's 
     license which meets the requirements of this paragraph shall 
     be deemed to be sufficient documentation to permit the bearer 
     to enter the United States from Canada or Mexico through not 
     less than at least 1 designated international border crossing 
     in each State participating in the demonstration program.
       (2) Rule of construction.--Nothing in this subsection shall 
     have the effect of creating a national identity card.
       (3) Authority to expand.--The Secretary of State and the 
     Secretary may expand the demonstration program under this 
     subsection so that such program is carried out in additional 
     States, through additional ports of entry, for additional 
     foreign countries, and in a manner that permits the use of 
     additional types of identification documents to prove 
     identity under the program.
       (4) Study.--Not later than 6 months after the date that the 
     demonstration program under this subsection is carried out, 
     the Comptroller General of the United States shall conduct a 
     study of--
       (A) the cost of the production and issuance of documents 
     that meet the requirements of the program compared with other 
     travel documents;
       (B) the impact of the program on the flow of cross-border 
     traffic and the economic impact of the program; and

[[Page S5261]]

       (C) the security of travel documents that meet the 
     requirements of the program compared with other travel 
     documents.
       (5) Reciprocity with canada.--Notwithstanding any other 
     provision of law, if the Secretary of State and the Secretary 
     certify that certain identity documents issued by Canada (or 
     any of its provinces) meet security and citizenship standards 
     comparable to the requirements described in paragraph (1), 
     the Secretary may determine that such documents are 
     sufficient to permit entry into the United States. The 
     Secretary shall work, the to maximum extent possible, to 
     ensure that identification documents issued by Canada that 
     are used as described in this paragraph contain the same 
     technology as identification documents issued by the United 
     States (or any State).
       (6) Additional pilot programs.--To the maximum extent 
     possible, the Secretary shall seek to conduct pilot programs 
     related to Passport Cards and the State Enrollment 
     Demonstration Program described in this subsection on the 
     international border between the United States and Canada and 
     the international border between the United States and 
     Mexico.
       (e) Expedited Processing for Repeat Travelers.--
       (1) Land crossings.--To the maximum extent practicable at 
     the United States border with Canada and the United States 
     border with Mexico, the Secretary 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. The Secretary, in 
     consultation with the appropriate officials of the Government 
     of Canada, shall equip at least 6 additional northern border 
     crossings with NEXUS technology and 6 additional southern 
     ports of entry with SENTRI technology.
       (2) Sea crossings.--The Commissioner of Customs and Border 
     Patrol shall conduct and expand trusted traveler programs and 
     pilot programs to facilitate expedited processing of United 
     States citizens returning from pleasure craft trips in 
     Canada, Mexico, the Caribbean, or Bermuda. One such program 
     shall be conducted in Florida and modeled on the I-68 
     program.
       (f) Process for Individuals Lacking Appropriate 
     Documents.--
       (1) In general.--The Secretary shall establish a program 
     that satisfies section 7209 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 8 
     U.S.C. 1185 note)--
       (A) to permit a citizen of the United States who has not 
     been issued a United States passport or other appropriate 
     travel document to cross the international border and return 
     to the United States for a time period of not more than 72 
     hours, on a limited basis, and at no additional fee; or
       (B) to establish a process to ascertain the identity of, 
     and make admissibility determinations for, a citizen 
     described in paragraph (A) upon the arrival of such citizen 
     at an international border of the United States.
       (2) Grace period.--During a time period determined by the 
     Secretary, officers of the United States Customs and Border 
     Patrol may permit citizens of the United States and Canada 
     who are unaware of the requirements of 7209 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note), or otherwise 
     lacking appropriate documentation, to enter the United States 
     upon a demonstration of citizenship satisfactory to the 
     officer. Officers of the United States Customs and Border 
     Patrol shall educate such individuals about documentary 
     requirements.
       (g) Travel by Children.--Notwithstanding any other 
     provision of law, the Secretary shall develop a procedure to 
     accommodate groups of children traveling by land across an 
     international border under adult supervision with parental 
     consent without requiring a government-issued identity and 
     citizenship document.
       (h) Public Promotion.--The Secretary of State, in 
     consultation with the Secretary, shall develop and implement 
     an outreach plan to inform United States citizens about the 
     Western Hemisphere Travel Initiative and the provisions of 
     this Act, to facilitate the acquisition of appropriate 
     documentation to travel to Canada, Mexico, the countries 
     located in the Caribbean, and Bermuda, and to educate United 
     States citizens who are unaware of the requirements for such 
     travel. Such outreach plan should include--
       (1) written notifications posted at or near public 
     facilities, including border crossings, schools, libraries, 
     Amtrak stations, 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 and other ports of entry;
       (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 collection and analysis of data to measure the 
     success of the public promotion plan; and
       (4) additional measures as appropriate.
       (i) 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 later of June 1, 2009, or the date that is 3 
     months after the Secretary of State and the Secretary certify 
     to Congress that--
       (1)(A) if the Secretary and the Secretary of State develop 
     and issue Passport Cards under this section--
       (i) such 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;
       (ii) Passport Cards are provided to applicants, on average, 
     within 4 weeks of application or within the same period of 
     time required to adjudicate a passport; and
       (iii) a successful pilot has demonstrated the effectiveness 
     of the Passport Card; or
       (B) if the Secretary and the Secretary of State do not 
     develop and issue Passport Cards under this section and 
     develop a program to issue an alternative document that 
     satisfies the requirements of section 7209 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004, in 
     addition to the NEXUS, SENTRI, FAST and Border Crossing Card 
     programs, such alternative document is widely available and 
     well publicized;
       (2) United States border crossings have been equipped with 
     sufficient document readers and other technologies to ensure 
     that implementation will not substantially slow the flow of 
     traffic and persons across international borders;
       (3) officers of the Bureau of Customs and Border Protection 
     have received training and been provided the infrastructure 
     necessary to accept Passport Cards and all alternative 
     identity documents at all United States border crossings; and
       (4) the outreach plan described in subsection (g) has been 
     implemented and the Secretary determines such plan has been 
     successful in providing information to United States 
     citizens.
       (j) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State and the 
     Secretary such sums as may be necessary to carry out this 
     section, and the amendment made by this section.
       On page 54, line 1, strike ``555'' and insert ``556''.
       On page 55, between lines 4 and 5, strike ``555'' and 
     insert ``556''.
       On page 55, line 7, strike ``555'' and insert ``556''.
       On page 55, line 15, strike ``554'' and insert ``556''.
       On page 55, line 16, strike ``132'' and insert ``142''.
       On page 55, line 21, strike ``554'' and insert ``556''.
       Beginning on page 78, line 25, strike ``instituted in the 
     United States District Court for the District of Columbia'' 
     and insert ``brought in a United States district court''.
       On page 81, line 10, insert ``Immigration'' before 
     ``Reform''.
       On page 151, between lines 6 and 7, insert the following:
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Director of the Federal Bureau of 
     Investigations $3,125,000 for each of fiscal years 2007 
     through 2011 for improving the speed and accuracy of 
     background and security checks conducted by the Federal 
     Bureau of Investigations on behalf of the Bureau of 
     Citizenship and Immigrations Services.
       (d) Report on Background and Security Checks.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Federal Bureau 
     of Investigations shall submit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives a report on the background and 
     security checks conducted by the Federal Bureau of 
     Investigations on behalf of the Bureau of Citizenship and 
     Immigrations Services
       (2) Content.--The report required under paragraph (1) shall 
     include--
       (A) a description of the background and security check 
     program;
       (B) a statistical breakdown of the background and security 
     check delays associated with different types of immigration 
     applications;
       (C) a statistical breakdown of the background and security 
     check delays by applicant country of origin; and
       (D) the steps the Federal Bureau of Investigations is 
     taking to expedite background and security checks that have 
     been pending for more than 60 days.
       On page 157, line 18, insert ``of Homeland Security'' after 
     ``Secretary''.
       On page 164, line 20, strike ``before, on,'' and insert 
     ``on''.
       On page 183, between lines 4 and 5, insert the following:

     SEC. 235. 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 shall issue a directive to expand 
     the Justice Prisoner and Alien Transfer System (JPATS) so 
     that such System provides additional services with respect to 
     aliens who are illegally present in the United States. Such 
     expansion should include--

[[Page S5262]]

       (1) increasing the daily operations of such System with 
     buses and air hubs in 3 geographic regions;
       (2) allocating a set number of seats 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.
       On page 249, beginning on line 12, strike ``clause (iii)'' 
     and insert ``this subparagraph''.
       On page 253, beginning on line 4, strike ``Initial Entry, 
     Adjustment, and Citizenship Assistance Grant Act'' and insert 
     ``Comprehensive Immigration Reform Act''.
       On page 253, beginning on line 17, strike ``Initial Entry, 
     Adjustment, and Citizenship Assistance Grant Act'' and insert 
     ``Comprehensive Immigration Reform Act''.
       On page 255, strike lines 4 through 7, and insert the 
     following:
       ``(A) In general.--
       ``(i) Period of unemployment.--Subject to clause (ii) and 
     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.
       ``(ii) Exception.--The period of authorized admission of an 
     H-2C nonimmigrant shall not terminate if the alien is 
     unemployed for 60 or more consecutive days if such 
     unemployment is caused by--

       ``(I) a period of physical or mental disability of the 
     alien or the spouse, son, daughter, or parent (as defined in 
     section 101 of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2611)) of the alien;
       ``(II) a period of vacation, medical leave, maternity 
     leave, or similar leave from employment authorized by 
     employer policy, State law, or Federal law; or
       ``(III) any other period of temporary unemployment caused 
     by circumstances beyond the control of the alien.

       On page 255, line 19, strike ``subsections (b) and (f)(2)'' 
     and insert ``subsection (b)''.
       On page 259, strike lines 5 through 8 and insert the 
     following:
       ``(1) any relief under section 240A(a), 240A(b)(1), or 
     240B; or
       ``(2) nonimmigrant status under section 101(a)(15) (except 
     subparagraphs (T) and (U)).
       On page 260, line 18, strike ``may be required to'' and 
     insert ``shall''.
       On page 295, line 10, strike ``available'' and insert 
     ``available, subject to the numerical limitations set out in 
     sections 201(d) and 203(b),''.
       On page 316, strike lines 6 through 15 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, between lines 3 and 4, insert the following:
       (c) Special Immigrants Not Subject to Numerical 
     Limitations.--Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) 
     is amended by striking ``subparagraph (A) or (B) of ''.
       On page 320, line 13, insert ``AND WIDOWS'' after 
     ``CHILDREN''.
       On page 321, line 5, 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 336, strike line 3 and all that follows through 
     ``(d)'' on page 337, line 19, and insert the following:
       (B) by striking ``, and'' and inserting a semicolon; and
       (3) 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; and
       ``(v) an alien who maintains actual residence and place of 
     abode in the alien's country of nationality, who is described 
     in clause (i), except that the alien's actual course of study 
     may involve a distance learning program, for which the alien 
     is temporarily visiting the United States for a period not to 
     exceed 30 days.
       (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 
     (except in the case of an alien described in clause (ii)) 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 Secretary of 
     State, 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 the sciences, technology, engineering, or 
     mathematics in the United States for the purpose of obtaining 
     an advanced degree.
       (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 has been issued a visa or otherwise 
     provided nonimmigrant status under section 101(a)(15)(J)(ii), 
     or who would have qualified for such nonimmigrant status if 
     section 101(a)(15)(J)(ii) had been enacted before the 
     completion of such alien's graduate studies, shall not be 
     subject to the 2-year foreign residency requirement under 
     this subsection.
       (f)
       On page 339, line 10, strike ``(e)'' and insert ``(g)''.
       On page 340, strike line 12 and all that follows through 
     ``(f)'' on page 341, line 5, and insert the following:
       ``(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 the completion 
     of such alien's graduate studies;
       ``(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.
       ``(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

[[Page S5263]]

     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.
       (h)
       On page 345, between lines 5 and 6, insert the following:

     SEC. 510. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR 
                   ALIENS OF EXTRAORDINARY ARTISTIC ABILITY.

       Section 214(c) (8 U.S.C. 1184(c)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (2) in paragraph (6)(D)--
       (A) by Striking ``Any person'' and inserting ``(i) Except 
     as provided in clause (ii), any person''; and
       (B) adding at the end the following:
       ``(ii) The Secretary of Homeland Security shall adjudicate 
     each petition for an alien with extraordinary ability in the 
     arts (as described in section 101(a)(15)(O)(i)), an alien 
     accompanying such an alien (as described in clauses (ii) and 
     (iii) of section 101(a)(15)(O)), or an alien described in 
     section 101(a)(15)(P) not later than 30 days after--
       ``(I) the date on which the petitioner submits the petition 
     with a written advisory opinion, letter of no objection, or 
     request for a waiver; or
       ``(II) the date on which the 15-day period described in 
     clause (i) has expired, if the petitioner has had an 
     opportunity, as appropriate, to supply rebuttal evidence.
       ``(iii) If a petition described in clause (ii) is not 
     adjudicated before the end of the 30-day period described in 
     clause (ii) and the petitioner is a qualified nonprofit 
     organization or an individual or entity petitioning primarily 
     on behalf of a qualified nonprofit organization, the 
     Secretary of Homeland Security shall provide the petitioner 
     with the premium-processing services referred to in section 
     286(u), without a fee.''.

     SEC. 511. POWERLINE WORKERS.

       Section 214(e) (8 U.S.C. 1184(e)) is amended by adding at 
     the end the following new paragraph:
       ``(7) A citizen of Canada who is a powerline worker, who 
     has received significant training, and who seeks admission to 
     the United States to perform powerline repair and maintenance 
     services shall be admitted in the same manner and under the 
     same authority as a citizen of Canada described in paragraph 
     (2).''.

     SEC. 512. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE 
                   HAITIAN REFUGEE IMMIGRATION 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 for the benefit of 
     such child by a parent or guardian of the child, if the child 
     is physically present in the United States on such filing 
     date.''.
       (b) New Applications and Motions to Reopen.--
       (1) New applications.--Notwithstanding section 902(a)(1)(A) 
     of the Haitian Refugee Immigration 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; or
       (B) 1 year after the date on which final regulations 
     implementing this section, and the amendment made by 
     subsection (a), are promulgated.
       (2) Motions to reopen.--The Secretary 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 amendment made by subsection (a).
       (3) Relationship of application to certain orders.--Section 
     902(a)(3) of the Haitian Refugee Immigration Fairness Act of 
     1998 shall apply to an alien present in the United States who 
     has been ordered excluded, deported, removed, or ordered to 
     depart voluntarily, and who files an application under 
     paragraph (1) 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 prior to 
     April 1, 2000.
       (c) 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),''.

                          Subtitle B--SKIL Act

     SEC. 521. SHORT TITLE.

       This subtitle may be cited as the ``Securing Knowledge, 
     Innovation, and Leadership Act of 2006'' or the ``SKIL Act of 
     2006''

     SEC. 522. H-1B VISA HOLDERS.

       (a) In General.--Section 214(g)(5) (8 U.S.C. 1184(g)(5)) is 
     amended--
       (1) in subparagraph (B)--
       (A) by striking ``nonprofit research'' and inserting 
     ``nonprofit'';
       (B) by inserting ``Federal, State, or local'' before 
     ``governmental''; and
       (C) by striking ``or'' at the end;
       (2) in subparagraph (C)--
       (A) by striking ``a United States institution of higher 
     education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a))),'' and inserting 
     ``an institution of higher education in a foreign country,''; 
     and
       (B) by striking the period at the end and inserting a 
     semicolon;
       (3) by adding at the end, the following new subparagraphs:
       ``(D) has earned a master's or higher degree from a United 
     States institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)));
       ``(E) has been awarded medical specialty certification 
     based on post-doctoral training and experience in the United 
     States; or''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to any petition or visa application pending on 
     the date of enactment of this Act and any petition or visa 
     application filed on or after such date.

     SEC. 523. MARKET-BASED VISA LIMITS.

       Section 214(g) (8 U.S.C. 1184(g)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(beginning with fiscal year 1992)''; and
       (B) in subparagraph (A)--
       (i) in clause (vi) by striking ``and'';
       (ii) in clause (vii), by striking ``each succeeding fiscal 
     year; or'' and inserting ``each of fiscal years 2004, 2005, 
     and 2006;''; and
       (iii) by adding after clause (vii) the following:
       ``(viii) 115,000 in the first fiscal year beginning after 
     the date of the enactment of the Securing Knowledge, 
     Innovation, and Leadership Act of 2006; and
       ``(ix) the number calculated under paragraph (9) in each 
     fiscal year after the year described in clause (viii); or'';
       (2) in paragraph (8), by striking subparagraphs (B)(iv) and 
     (D);
       (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.''.

     SEC. 524. UNITED STATES EDUCATED IMMIGRANTS.

       (a) 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 a master's or higher degree 
     from an accredited United States university.
       ``(G) Aliens who have been awarded medical specialty 
     certification based on post-doctoral training and experience 
     in the United States preceding their application for an 
     immigrant visa under section 203(b).
       ``(H) Aliens who will perform labor in shortage occupations 
     designated by the Secretary of Labor for blanket 
     certification under section 212(a)(5)(A) as lacking 
     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.
       ``(I) Aliens who have earned a master's degree or higher in 
     science, technology, engineering, or math and have been 
     working in a related field in the United States in a 
     nonimmigrant status during the 3-year period preceding their 
     application for an immigrant visa under section 203(b).
       ``(J) Aliens described in subparagraph (A) or (B) of 
     section 203(b)(1) or who have received a national interest 
     waiver under section 203(b)(2)(B).
       ``(K) The spouse and minor children of an alien who is 
     admitted as an employment-based immigrant under section 
     203(b).''.
       (b) Labor Certifications.--Section 212(a)(5)(A)(ii) (8 
     U.S.C. 1182(a)(5)(A)(ii)) is amended--
       (1) by striking ``or'' at the end of subclause (I);
       (2) by striking the period at the end of subclause (II) and 
     inserting ``; or''; and
       (3) by adding at the end the following:

       ``(III) is a member of the professions and has a master's 
     degree or higher from an accredited United States university 
     or has been awarded medical specialty certification based on 
     post-doctoral training and experience in the United 
     States.''.

     SEC. 525. STUDENT VISA REFORM.

       (a) In General.--
       (1) Nonimmigrant classification.--Section 101(a)(15)(F) (8 
     U.S.C. 1101(a)(15)(F)) is amended to read as follows:
       ``(F) an alien--
       ``(i) who--
       ``(I) is a bona fide student qualified to pursue a full 
     course of study in mathematics,

[[Page S5264]]

     engineering, technology, or the sciences leading to a 
     bachelors or graduate degree and who seeks to enter the 
     United States for the purpose of pursuing such a course of 
     study consistent with section 214(m) at an institution of 
     higher education (as defined by section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a))) in the United 
     States, particularly designated by the alien and approved by 
     the Secretary of Homeland Security, after consultation with 
     the Secretary of Education, which institution or place of 
     study shall have agreed to report to the Secretary the 
     termination of attendance of each nonimmigrant student, and 
     if any such institution of learning or place of study fails 
     to make reports promptly the approval shall be withdrawn; or
       ``(II) is engaged in temporary employment for optional 
     practical training related to such alien's area of study 
     following completion of the course of study described in 
     subclause (I) for a period or periods of not more than 24 
     months;
       ``(ii) who--
       ``(I) has a residence in a foreign country which the alien 
     has no intention of abandoning, who is a bona fide student 
     qualified to pursue a full course of study, and who seeks to 
     enter the United States temporarily and solely for the 
     purpose of pursuing such a course of study consistent with 
     section 214(m) at an established college, university, 
     seminary, conservatory, academic high school, elementary 
     school, or other academic institution or in a language 
     training program in the United States, particularly 
     designated by the alien and approved by the Secretary of 
     Homeland Security, after consultation with the Secretary of 
     Education, which institution or place of study shall have 
     agreed to report to the Secretary the termination of 
     attendance of each nonimmigrant student, and if any such 
     institution of learning or place of study fails to make 
     reports promptly the approval shall be withdrawn; or
       ``(II) is engaged in temporary employment for optional 
     practical training related to such alien's area of study 
     following completion of the course of study described in 
     subclause (I) for a period or periods of not more than 24 
     months;
       ``(iii) who is the spouse or minor child of an alien 
     described in clause (i) or (ii) if accompanying or following 
     to join such an alien; or
       ``(iv) who--
       ``(I) is a national of Canada or Mexico, who maintains 
     actual residence and place of abode in the country of 
     nationality, who is described in clause (i) or (ii) except 
     that the alien's qualifications for and actual course of 
     study may be full or part-time, and who commutes to the 
     United States institution or place of study from Canada or 
     Mexico; or
       ``(II) is engaged in temporary employment for optional 
     practical training related to such the student's area of 
     study following completion of the course of study described 
     in subclause (I) for a period or periods of not more than 24 
     months;''.
       (2) Admission.--Section 214(b) (8 U.S.C. 1184(b)) is 
     amended by inserting ``(F)(i),'' before ``(L) or (V)''.
       (3) Conforming amendment.--Section 214(m)(1) (8 U.S.C. 
     1184(m)(1)) is amended, in the matter preceding subparagraph 
     (A), by striking ``(i) or (iii)'' and inserting ``(i), (ii), 
     or (iv)''.
       (b) Off Campus Work Authorization for Foreign Students.--
       (1) In general.--Aliens admitted as nonimmigrant students 
     described in section 101(a)(15)(F), as amended by subsection 
     (a), (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).

     SEC. 526. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.

       Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by 
     adding at the end the following new subparagraph:
       ``(G) The limitations contained in subparagraph (D) with 
     respect to the duration of authorized stay shall not apply to 
     any nonimmigrant alien previously issued a visa or otherwise 
     provided nonimmigrant status under section 101(a)(15)(L) on 
     whose behalf a petition under section 204(b) to accord the 
     alien immigrant status under section 203(b), or an 
     application for labor certification (if such certification is 
     required for the alien to obtain status under such section 
     203(b)) has been filed, if 365 days or more have elapsed 
     since such filing. The Secretary of Homeland Security shall 
     extend the stay of an alien who qualifies for an exemption 
     under this subparagraph until such time as a final decision 
     is made on the alien's lawful permanent residence.''.

     SEC. 527. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

       (a) Adjustment of Status.--
       (1) In general.--Section 245(a) (8 U.S.C. 1255(a)) is 
     amended to read as follows:
       ``(a) Eligibility.--
       ``(1) In general.--The status of an alien who was inspected 
     and admitted or paroled into the United States or the status 
     of any other alien having 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, in 
     the discretion of the Secretary or the Attorney General under 
     such regulations as the Secretary or 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 
     and is admissible to the United States for permanent 
     residence; and
       ``(C) an immigrant visa is immediately available to the 
     alien at the time the application is filed.
       ``(2) Supplemental fee.--An application under paragraph (1) 
     that is based on a petition approved or approvable under 
     subparagraph (E) or (F) of section 204(a)(1) may be filed 
     without regard to the limitation set forth in paragraph 
     (1)(C) if a supplemental fee of $500 is paid by the principal 
     alien at the time the application is filed. A supplemental 
     fee may not be required for any dependent alien accompanying 
     or following to join the principal alien.
       ``(3) Visa availability.--An application for adjustment 
     filed under this paragraph may not be approved until such 
     time as an immigrant visa become available.''.
       (b) Use of Fees.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) 
     is amended by inserting before the period at the end ``and 
     the fees collected under section 245(a)(2).''.

     SEC. 528. STREAMLINING THE ADJUDICATION PROCESS FOR 
                   ESTABLISHED EMPLOYERS.

       Section 214(c) (8. U.S.C. 1184) is amended by adding at the 
     end the following new paragraph:
       ``(1) Not later than 180 days after the date of the 
     enactment of the Securing Knowledge, Innovation, and 
     Leadership Act of 2006, the Secretary of Homeland Security 
     shall establish a pre-certification procedure for employers 
     who file multiple petitions described in this subsection or 
     section 203(b). Such precertification procedure shall enable 
     an employer to avoid repeatedly submitting documentation that 
     is common to multiple petitions and establish through a 
     single filing criteria relating to the employer and the 
     offered employment opportunity.''.

     SEC. 529. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED 
                   VISA PETITIONS.

       (a) In General.--Pursuant to section 286(u) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(u)), the 
     Secretary of Homeland Security shall establish and collect a 
     fee for premium processing of employment-based immigrant 
     petitions.
       (b) Appeals.--Pursuant to such section 286(u), the 
     Secretary of Homeland Security shall establish and collect a 
     fee for premium processing of an administrative appeal of any 
     decision on a permanent employment-based immigrant petition.

     SEC. 530. ELIMINATING PROCEDURAL DELAYS IN LABOR 
                   CERTIFICATION PROCESS.

       (a) Prevailing Wage Rate.--
       (1) Requirement to provide.--The Secretary of Labor shall 
     provide prevailing wage determinations to employers seeking a 
     labor certification for aliens pursuant to part 656 of title 
     20, Code of Federal Regulation (or any successor regulation). 
     The Secretary of Labor may not delegate this function to any 
     agency of a State.
       (2) Schedule for determination.--Except as provided in 
     paragraph (3), the Secretary of Labor shall provide a 
     response to an employer's request for a prevailing wage 
     determination in no more than 20 calendar days from the date 
     of receipt of such request. If the Secretary of Labor fails 
     to reply during such 20-day period, then the wage proposed by 
     the employer shall be the valid prevailing wage rate.
       (3) Use of surveys.--The Secretary of Labor shall accept an 
     alternative wage survey provided by the employer unless the 
     Secretary of Labor determines that the wage component of the 
     Occupational Employment Statistics Survey is more accurate 
     for the occupation in the labor market area.
       (b) Placement of Job Order.--The Secretary of Labor shall 
     maintain a website with links to the official website of each 
     workforce agency of a State, and such official website shall 
     contain instructions on the filing of a job order in order to 
     satisfy the job order requirements of section 656.17(e)(1) of 
     title 20, Code of Federal Regulation (or any successor 
     regulation).
       (c) Technical Corrections.--The Secretary of Labor shall 
     establish a process by which employers seeking certification 
     under section 212(a)(5) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(5)), as amended

[[Page S5265]]

     by section 524(b), may make technical corrections to 
     applications in order to avoid requiring employers to conduct 
     additional recruitment to correct an initial technical error. 
     A technical error shall include any error that would not have 
     a material effect on the validity of the employer's 
     recruitment of able, willing, and qualified United States 
     workers.
       (d) Administrative Appeals.--Motions to reconsider, and 
     administrative appeals of, a denial of a permanent labor 
     certification application, shall be decided by the Secretary 
     of Labor not later than 60 days after the date of the filing 
     of such motion or such appeal.
       (e) Applications Under Previous System.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Labor shall process and issue decisions on all 
     applications for permanent alien labor certification that 
     were filed prior to March 28, 2005.
       (f) Effective Date.--The provisions of this section shall 
     take effect 90 days after the date of enactment of this Act, 
     whether or not the Secretary of Labor has amended the 
     regulations at part 656 of title 20, Code of Federal 
     Regulation to implement such changes.

     SEC. 531. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

       Section 103 (8 U.S.C. 1103) is amended by adding at the end 
     the following new subsection:
       ``(i) Requirement for Background Checks.--Notwithstanding 
     any other provision of law, until appropriate background and 
     security checks, as determined by the Secretary of Homeland 
     Security, have been completed, and the information provided 
     to and assessed by the official with jurisdiction to grant or 
     issue the benefit or documentation, on an in camera basis as 
     may be necessary with respect to classified, law enforcement, 
     or other information that cannot be disclosed publicly, the 
     Secretary of Homeland Security, the Attorney General, or any 
     court may not--
       ``(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.
       ``(j) Requirement to Resolve Fraud Allegations.--
     Notwithstanding any other provision of law, until 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 has been investigated and resolved, the Secretary of 
     Homeland Security and the Attorney General may not be 
     required to--
       ``(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.
       ``(k) Prohibition of Judicial Enforcement.--Notwithstanding 
     any other provision of law, no court may require any act 
     described in subsection (i) or (j) to be completed by a 
     certain time or award any relief for the failure to complete 
     such acts.''.

     SEC. 532. VISA REVALIDATION.

       (a) In General.--Section 222 (8 U.S.C. 1202) is amended by 
     adding at the end the following:
       ``(i) The Secretary of State shall permit an alien granted 
     a nonimmigrant visa under subparagraph E, H, I, L, O, or P of 
     section 101(a)(15) to apply for a renewal of such visa within 
     the United States if--
       ``(1) such visa expired during the 12-month period ending 
     on the date of such application;
       ``(2) the alien is seeking a nonimmigrant visa under the 
     same subparagraph under which the alien had previously 
     received a visa; and
       ``(3) the alien has complied with the immigration laws and 
     regulations of the United States.''.
       (b) Conforming Amendment.--Section 222(h) of such Act is 
     amended, in the matter preceding subparagraph (1), by 
     inserting ``and except as provided under subsection (i),'' 
     after ``Act''.

Subtitle C--Preservation of Immigration Benefits for Hurricane Katrina 
                                Victims

     SEC. 541. SHORT TITLE.

       This subtitle may be cited as the ``Hurricane Katrina 
     Victims Immigration Benefits Preservation Act''.

     SEC. 542. DEFINITIONS.

       In this subtitle:
       (1) Application of definitions from the immigration and 
     nationality act.--Except as otherwise specifically provided 
     in this subtitle, the definitions in the Immigration and 
     Nationality Act shall apply in the administration of this 
     subtitle.
       (2) Direct result of a specified hurricane disaster.--The 
     term ``direct result of a specified hurricane disaster''--
       (A) means physical damage, disruption of communications or 
     transportation, forced or voluntary evacuation, business 
     closures, or other circumstances directly caused by Hurricane 
     Katrina (on or after August 26, 2005) or Hurricane Rita (on 
     or after September 21, 2005); and
       (B) does not include collateral or consequential economic 
     effects in or on the United States or global economies.

     SEC. 543. SPECIAL IMMIGRANT STATUS.

       (a) Provision of Status.--
       (1) In general.--For purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may 
     provide an alien described in subsection (b) with the status 
     of a special immigrant under section 101(a)(27) of such Act 
     (8 U.S.C. 1101(a)(27)), if the alien--
       (A) files with the Secretary a petition under section 204 
     of such Act (8 U.S.C. 1154) for classification under section 
     203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
       (B) is otherwise eligible to receive an immigrant visa; and
       (C) is otherwise admissible to the United States for 
     permanent residence.
       (2) Inapplicable provision.--In determining admissibility 
     under paragraph (1)(C), the grounds for inadmissibility 
     specified in section 212(a)(4) of such Act (8 U.S.C. 
     1182(a)(4)) shall not apply.
       (b) Aliens Described.--
       (1) Principal aliens.--An alien is described in this 
     subsection if--
       (A) the alien was the beneficiary of--
       (i) a petition that was filed with the Secretary on or 
     before August 26, 2005--

       (I) under section 204 of the Immigration and Nationality 
     Act (8 U.S.C. 1154) to classify the alien as a family-
     sponsored immigrant under section 203(a) of such Act (8 
     U.S.C. 1153(a)) or as an employment-based immigrant under 
     section 203(b) of such Act (8 U.S.C. 1153(b)); or
       (II) under section 214(d) of such Act (8 U.S.C. 1184(d)) to 
     authorize the issuance of a nonimmigrant visa to the alien 
     under section 101(a)(15)(K) of such Act (8 U.S.C. 
     1101(a)(15)(K)); or

       (ii) an application for labor certification under section 
     212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was 
     filed under regulations of the Secretary of Labor on or 
     before such date; and
       (B) such petition or application was revoked or terminated 
     (or otherwise rendered null), before or after its approval, 
     solely due to--
       (i) the death or disability of the petitioner, applicant, 
     or alien beneficiary as a direct result of a specified 
     hurricane disaster; or
       (ii) loss of employment as a direct result of a specified 
     hurricane disaster.
       (2) Spouses and children.--
       (A) In general.--An alien is described in this subsection 
     if--
       (i) the alien, as of August 26, 2005, was the spouse or 
     child of a principal alien described in paragraph (1); and
       (ii) the alien--

       (I) is accompanying such principal alien; or
       (II) is following to join such principal alien not later 
     than August 26, 2007.

       (B) Construction.--In construing the terms ``accompanying'' 
     and ``following to join'' in subparagraph (A)(ii), the death 
     of a principal alien described in paragraph (1)(B)(i) shall 
     be disregarded.
       (3) Grandparents or legal guardians of orphans.--An alien 
     is described in this subsection if the alien is a grandparent 
     or legal guardian of a child whose parents died as a direct 
     result of a specified hurricane disaster, if either of the 
     deceased parents was, as of August 26, 2005, a citizen or 
     national of the United States or an alien lawfully admitted 
     for permanent residence in the United States.
       (c) Priority Date.--Immigrant visas made available under 
     this section shall be issued to aliens in the order in which 
     a petition on behalf of each such alien is filed with the 
     Secretary under subsection (a)(1), except that if an alien 
     was assigned a priority date with respect to a petition 
     described in subsection (b)(1)(A)(i), the alien may maintain 
     that priority date.
       (d) Numerical Limitations.--In applying sections 201 
     through 203 of the Immigration and Nationality Act (8 U.S.C. 
     1151-1153) in any fiscal year, aliens eligible to be provided 
     status under this section shall be treated as special 
     immigrants who are not described in subparagraph (A), (B), 
     (C), or (K) of section 101(a)(27) of such Act (8 U.S.C. 
     1101(a)(27)).

     SEC. 544. EXTENSION OF FILING OR REENTRY DEADLINES.

       (a) Automatic Extension of Nonimmigrant Status.--
       (1) In general.--Notwithstanding section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184), an alien 
     described in paragraph (2) who was lawfully present in the 
     United States as a nonimmigrant on August 26, 2005, may, 
     unless otherwise determined by the Secretary in the 
     Secretary's discretion, lawfully remain in the United States 
     in the same nonimmigrant status until the later of--
       (A) the date on which such lawful nonimmigrant status would 
     have otherwise terminated absent the enactment of this 
     subsection; or
       (B) 1 year after the death or onset of disability described 
     in paragraph (2).
       (2) Aliens described.--
       (A) Principal aliens.--An alien is described in this 
     paragraph if the alien was disabled as a direct result of a 
     specified hurricane disaster.
       (B) Spouses and children.--An alien is described in this 
     paragraph if the alien, as of August 26, 2005, was the spouse 
     or child of--
       (i) a principal alien described in subparagraph (A); or
       (ii) an alien who died as a direct result of a specified 
     hurricane disaster.
       (3) Authorized employment.--During the period in which a 
     principal alien or alien spouse is in lawful nonimmigrant 
     status

[[Page S5266]]

     under paragraph (1), the alien may be provided an 
     ``employment authorized'' endorsement or other appropriate 
     document signifying authorization of employment.
       (b) New Deadlines for Extension or Change of Nonimmigrant 
     Status.--
       (1) Filing delays.--
       (A) In general.--If an alien, who was lawfully present in 
     the United States as a nonimmigrant on August 26, 2005, was 
     prevented from filing a timely application for an extension 
     or change of nonimmigrant status as a direct result of a 
     specified hurricane disaster, the alien's application may be 
     considered timely filed if it is filed not later 1 year after 
     the application would have otherwise been due.
       (B) Circumstances preventing timely action.--For purposes 
     of subparagraph (A), circumstances preventing an alien from 
     timely acting are--
       (i) office closures;
       (ii) mail or courier service cessations or delays;
       (iii) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements;
       (iv) mandatory evacuation and relocation; or
       (v) other circumstances, including medical problems or 
     financial hardship.
       (2) Departure delays.--
       (A) In general.--If an alien, who was lawfully present in 
     the United States as a nonimmigrant on August 26, 2005, is 
     unable to timely depart the United States as a direct result 
     of a specified hurricane disaster, the alien shall not be 
     considered to have been unlawfully present in the United 
     States during the period beginning on August 26, 2005, and 
     ending on the date of the alien's departure, if such 
     departure occurred on or before February 28, 2006.
       (B) Circumstances preventing timely action.--For purposes 
     of subparagraph (A), circumstances preventing an alien from 
     timely acting are--
       (i) office closures;
       (ii) transportation cessations or delays;
       (iii) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements;
       (iv) mandatory evacuation and relocation; or
       (v) other circumstances, including medical problems or 
     financial hardship.
       (c) Diversity Immigrants.--Section 204(a)(1)(I)(ii)(II) (8 
     U.S.C. 1154(a)(1)(I)(ii)(II)), is amended to read as follows:
       ``(II) An immigrant visa made available under subsection 
     203(c) for fiscal year 1998, or for a subsequent fiscal year, 
     may be issued, or adjustment of status under section 245(a) 
     based upon the availability of such visa may be granted, to 
     an eligible qualified alien who has properly applied for such 
     visa or adjustment in the fiscal year for which the alien was 
     selected notwithstanding the end of such fiscal year. Such 
     visa or adjustment of status shall be counted against the 
     worldwide level set forth in subsection 201(e) for the fiscal 
     year for which the alien was selected.''.
       (d) Extension of Filing Period.--If an alien is unable to 
     timely file an application to register or reregister for 
     Temporary Protected Status under section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a) as a direct 
     result of a specified hurricane disaster, the alien's 
     application may be considered timely filed if it is filed not 
     later than 90 days after it otherwise would have been due.
       (e) Voluntary Departure.--
       (1) In general.--Notwithstanding section 240B of the 
     Immigration and Nationality Act (8 U.S.C. 1229c), if a period 
     for voluntary departure under such section expired during the 
     period beginning on August 26, 2005, and ending on December 
     31, 2005, and the alien was unable to voluntarily depart 
     before the expiration date as a direct result of a specified 
     hurricane disaster, such voluntary departure period is deemed 
     extended for an additional 60 days.
       (2) Circumstances preventing departure.--For purposes of 
     this subsection, circumstances preventing an alien from 
     voluntarily departing the United States are--
       (A) office closures;
       (B) transportation cessations or delays;
       (C) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements;
       (D) mandatory evacuation and removal; and
       (E) other circumstances, including medical problems or 
     financial hardship.
       (f) Current Nonimmigrant Visa Holders.--
       (1) In general.--An alien, who was lawfully present in the 
     United States on August 26, 2005, as a nonimmigrant under 
     section 101(a)(15)(H) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)) and lost employment as a direct 
     result of a specified hurricane disaster may accept new 
     employment upon the filing by a prospective employer of a new 
     petition on behalf of such nonimmigrant not later than August 
     26, 2006.
       (2) Continuation of employment authorization.--Employment 
     authorization shall continue for such alien until the new 
     petition is adjudicated. If the new petition is denied, such 
     employment shall cease.
       (3) Savings provision.--Nothing in this subsection shall be 
     construed to limit eligibility for portability under section 
     214(n) of the Immigration and Nationality Act (8 U.S.C. 
     1184(n)).

     SEC. 545. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES 
                   AND CHILDREN.

       (a) Treatment as Immediate Relatives.--
       (1) Spouses.--Notwithstanding the second sentence of 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who 
     was the spouse of a citizen of the United States at the time 
     of the citizen's death and was not legally separated from the 
     citizen at the time of the citizen's death, if the citizen 
     died as a direct result of a specified hurricane disaster, 
     the alien (and each child of the alien) may be considered, 
     for purposes of section 201(b) of such Act, to remain an 
     immediate relative after the date of the citizen's death if 
     the alien files a petition under section 204(a)(1)(A)(ii) of 
     such Act not later than 2 years after such date and only 
     until the date on which the alien remarries. For purposes of 
     such section 204(a)(1)(A)(ii), an alien granted relief under 
     this paragraph shall be considered an alien spouse described 
     in the second sentence of section 201(b)(2)(A)(i) of such 
     Act.
       (2) Children.--
       (A) In general.--In the case of an alien who was the child 
     of a citizen of the United States at the time of the 
     citizen's death, if the citizen died as a direct result of a 
     specified hurricane disaster, the alien may be considered, 
     for purposes of section 201(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(b)), to remain an immediate 
     relative after the date of the citizen's death (regardless of 
     subsequent changes in age or marital status), but only if the 
     alien files a petition under subparagraph (B) not later than 
     2 years after such date.
       (B) Petitions.--An alien described in subparagraph (A) may 
     file a petition with the Secretary for classification of the 
     alien under section 201(b)(2)(A)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), which shall be 
     considered a petition filed under section 204(a)(1)(A) of 
     such Act (8 U.S.C. 1154(a)(1)(A)).
       (b) Spouses, Children, Unmarried Sons and Daughters of 
     Lawful Permanent Resident Aliens.--
       (1) In general.--Any spouse, child, or unmarried son or 
     daughter of an alien described in paragraph (3) who is 
     included in a petition for classification as a family-
     sponsored immigrant under section 203(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that 
     was filed by such alien before August 26, 2005, may be 
     considered (if the spouse, child, son, or daughter has not 
     been admitted or approved for lawful permanent residence by 
     such date) a valid petitioner for preference status under 
     such section with the same priority date as that assigned 
     before the death described in paragraph (3)(A). No new 
     petition shall be required to be filed. Such spouse, child, 
     son, or daughter may be eligible for deferred action and work 
     authorization.
       (2) Self-petitions.--Any spouse, child, or unmarried son or 
     daughter of an alien described in paragraph (3) who is not a 
     beneficiary of a petition for classification as a family-
     sponsored immigrant under section 203(a)(2) of the 
     Immigration and Nationality Act may file a petition for such 
     classification with the Secretary, if the spouse, child, son, 
     or daughter was present in the United States on August 26, 
     2005. Such spouse, child, son, or daughter may be eligible 
     for deferred action and work authorization.
       (3) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a direct result of a specified hurricane 
     disaster; and
       (B) on the day of such death, was lawfully admitted for 
     permanent residence in the United States.
       (c) Applications for Adjustment of Status by Surviving 
     Spouses and Children of Employment-Based Immigrants.--
       (1) In general.--Any alien who was, on August 26, 2005, the 
     spouse or child of an alien described in paragraph (2), and 
     who applied for adjustment of status before the death 
     described in paragraph (2)(A), may have such application 
     adjudicated as if such death had not occurred.
       (2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a direct result of a specified hurricane 
     disaster; and
       (B) on the day before such death, was--
       (i) an alien lawfully admitted for permanent residence in 
     the United States by reason of having been allotted a visa 
     under section 203(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(b)); or
       (ii) an applicant for adjustment of status to that of an 
     alien described in clause (i), and admissible to the United 
     States for permanent residence.
       (d) Applications by Surviving Spouses and Children of 
     Refugees and Asylees.--
       (1) In general.--Any alien who, on August 26, 2005, was the 
     spouse or child of an alien described in paragraph (2), may 
     have his or her eligibility to be admitted under sections 
     207(c)(2)(A) or 208(b)(3)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A)) 
     considered as if the alien's death had not occurred.
       (2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a direct result of a specified hurricane 
     disaster; and
       (B) on the day before such death, was--
       (i) an alien admitted as a refugee under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157); or
       (ii) granted asylum under section 208 of such Act (8 U.S.C. 
     1158).
       (e) Waiver of Public Charge Grounds.--In determining the 
     admissibility of any alien

[[Page S5267]]

     accorded an immigration benefit under this section, the 
     grounds for inadmissibility specified in section 212(a)(4) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     shall not apply.

     SEC. 546. RECIPIENT OF PUBLIC BENEFITS.

       An alien shall not be inadmissible under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     or deportable under section 237(a)(5) of such Act (8 U.S.C. 
     1227(a)(5)) on the basis that the alien received any public 
     benefit as a direct result of a specified hurricane disaster.

     SEC. 547. AGE-OUT PROTECTION.

       In administering the immigration laws, the Secretary and 
     the Attorney General may grant any application or benefit 
     notwithstanding the applicant or beneficiary (including a 
     derivative beneficiary of the applicant or beneficiary) 
     reaching an age that would render the alien ineligible for 
     the benefit sought, if the alien's failure to meet the age 
     requirement occurred as a direct result of a specified 
     hurricane disaster.

     SEC. 548. EMPLOYMENT ELIGIBILITY VERIFICATION.

       (a) In General.--The Secretary may suspend or modify any 
     requirement under section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)) or subtitle A of title IV 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note), either 
     generally or with respect to particular persons, class of 
     persons, geographic areas, or economic sectors, to the extent 
     to which the Secretary determines necessary or appropriate to 
     respond to national emergencies or disasters .
       (b) Notification.--If the Secretary suspends or modifies 
     any requirement under section 274A(b) of the Immigration and 
     Nationality Act pursuant to subsection (a), the Secretary 
     shall send notice of such decision, including the reasons for 
     the suspension or modification, to--
       (1) the Committee on the Judiciary of the Senate; and
       (2) the Committee of the Judiciary of the House of 
     Representatives.
       (c) Sunset Date.--The authority under subsection (a) shall 
     expire on August 26, 2008.

     SEC. 549. NATURALIZATION.

       The Secretary may, with respect to applicants for 
     naturalization in any district of the United States 
     Citizenship and Immigration Services affected by a specified 
     hurricane disaster, administer the provisions of Title III of 
     the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) 
     notwithstanding any provision of such title relating to the 
     jurisdiction of an eligible court to administer the oath of 
     allegiance, or requiring residence to be maintained or any 
     action to be taken in any specific district or State within 
     the United States.

     SEC. 550. DISCRETIONARY AUTHORITY.

       The Secretary or the Attorney General may waive violations 
     of the immigration laws committed, on or before March 1, 
     2006, by an alien--
       (1) who was in lawful status on August 26, 2005; and
       (2) whose failure to comply with the immigration laws was a 
     direct result of a specified hurricane disaster.

     SEC. 551. EVIDENTIARY STANDARDS AND REGULATIONS.

       The Secretary shall establish appropriate evidentiary 
     standards for demonstrating, for purposes of this subtitle, 
     that a specified hurricane disaster directly resulted in--
       (1) death;
       (2) disability; or
       (3) loss of employment due to physical damage to, or 
     destruction of, a business.

     SEC. 552. IDENTIFICATION DOCUMENTS.

       (a) Temporary Identification.--The Secretary shall have the 
     authority to instruct any Federal agency to issue temporary 
     identification documents to individuals affected by a 
     specified hurricane disaster. Such documents shall be 
     acceptable for purposes of identification under any federal 
     law or regulation until August 26, 2006.
       (b) Issuance.--An agency may not issue identity documents 
     under this section after January 1, 2006.
       (c) No Compulsion to Accept or Carry Identification 
     Documents.--Nationals of the United States shall not be 
     compelled to accept or carry documents issued under this 
     section.
       (d) No Proof of Citizenship.--Identity documents issued 
     under this section shall not constitute proof of citizenship 
     or immigration status.

     SEC. 553. WAIVER OF REGULATIONS.

       The Secretary shall carry out the provisions of this 
     subtitle as expeditiously as possible. The Secretary is not 
     required to promulgate regulations before implementing this 
     subtitle. 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 rule making, 
     information collection, or publication in the Federal 
     Register, shall not apply to any action to implement this 
     subtitle to the extent the Secretary of Homeland Security, 
     the Secretary of Labor, or the Secretary of State determine 
     that compliance with such requirement would impede the 
     expeditious implementation of such Act.

     SEC. 554. NOTICES OF CHANGE OF ADDRESS.

       (a) In General.--If a notice of change of address otherwise 
     required to be submitted to the Secretary by an alien 
     described in subsection (b) relates to a change of address 
     occurring during the period beginning on August 26, 2005, and 
     ending on the date of the enactment of this Act, the alien 
     may submit such notice.
       (b) Aliens Described.--An alien is described in this 
     subsection if the alien--
       (1) resided, on August 26, 2005, within a district of the 
     United States that was declared by the President to be 
     affected by a specified hurricane disaster; and
       (2) is required, under section 265 of the Immigration and 
     Nationality Act (8 U.S.C. 1305) or any other provision of 
     law, to notify the Secretary in writing of a change of 
     address.

     SEC. 555. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.

       (a) In General.--The nonimmigrant status of an alien 
     described in subsection (b) shall be deemed to have been 
     maintained during the period beginning on August 26, 2005, 
     and ending on September 15, 2006, if, on September 15, 2006, 
     the alien is enrolled in a course of study, or participating 
     in a designated exchange visitor program, sufficient to 
     satisfy the terms and conditions of the alien's nonimmigrant 
     status on August 26, 2005.
       (b) Aliens Described.--An alien is described in this 
     subsection if the alien--
       (1) was, on August 26, 2005, lawfully present in the United 
     States in the status of a nonimmigrant described in 
     subparagraph (F), (J), or (M) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and
       (2) fails to satisfy a term or condition of such status as 
     a direct result of a specified hurricane disaster.
       On page 348, between lines 21 and 22, insert the following:

       ``(V) The employment requirement under clause (i)(I) shall 
     not apply to any individual who is 65 years of age or older 
     on the date of the enactment of the Immigrant Accountability 
     Act of 2006.

       On page 351, strike lines 7 through 22 and insert the 
     following:
       ``(E) Payment of income taxes.--
       ``(i) In general.--Not later than the date on which status 
     is adjusted under this section, the alien establishes the 
     payment of any applicable Federal tax liability by 
     establishing that--

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

       ``(ii) Applicable federal tax liability.--For purposes of 
     clause (i), the term `applicable Federal tax liability' means 
     liability for Federal taxes, including penalties and 
     interest, owed for any year during the period of employment 
     required by subparagraph (D)(i) for which the statutory 
     period for assessment of any deficiency for such taxes has 
     not expired.
       ``(iii) IRS cooperation.--The Secretary of the Treasury 
     shall establish rules and procedures under which the 
     Commissioner of Internal Revenue shall provide documentation 
     to an alien upon request to establish the payment of all 
     taxes required by this subparagraph.
       On page 354, strike lines 3 through 11, and insert the 
     following:
       ``(I) Adjustment of status.--The Secretary may not adjust 
     the status of an alien under this section to that of lawful 
     permanent resident until the Secretary determines that the 
     priority dates have become current for the class of aliens 
     whose family-based or employment-based petitions for 
     permanent residence were pending on the date of the enactment 
     of the Comprehensive Immigration Reform Act of 2006.
       Beginning on page 361, strike line 15 and all that follows 
     through page 362, line 3.
       On page 372, line 18, strike ``An'' and insert 
     ``Notwithstanding section 244(h), an''.
       On page 375, between lines 16 and 17, insert the following:
       ``(C) Exemption.--The employment requirement under 
     subparagraph (A) shall not apply to any individual who is 65 
     years of age or older on the date of the enactment of the 
     Immigrant Accountability Act of 2006.
       On page 378, strike lines 11 through 13 and insert the 
     following: ``any right to judicial review or to contest''.
       On page 380, line 5, insert ``The provisions under 
     subsections (e) and (f) of section 245B shall apply to 
     applications filed under this section.'' after ``status.''.
       On page 385, strike lines 1 and 2 and insert the following:
       ``(C) is eligible to be employed by an employer in the 
     United States regardless of whether the employer has complied 
     with the requirements of section 218B(b)(7).
       On page 389, line 8, insert ``to'' after ``Subject''.
       On page 392, line 1, strike ``to contest'' and insert 
     ``under subsection (b)(7)(C)''
       On page 397, 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 398, 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 411, strike lines 6 through 25 and insert the 
     following:
       (D) Payment of 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 any applicable Federal tax 
     liability by establishing that--

[[Page S5268]]

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

       (ii) Applicable federal tax liability.--For purposes of 
     clause (i), the term ``applicable Federal tax liability'' 
     means liability for Federal taxes, including penalties and 
     interest, owed for any year during the period of employment 
     required under paragraph (1)(A) for which the statutory 
     period for assessment of any deficiency for such taxes has 
     not expired.
       (iii) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all taxes required 
     by this subparagraph.
       On page 520, line 17, strike ``Grant''.

       On page 520, between lines 18 and 19, insert the following:

     SEC. 641. INELIGIBILITY AND REMOVAL PRIOR TO APPLICATION 
                   PERIOD.

       (a) Limitations on Ineligibility.--
       (1) In general.--An alien is not ineligible for any 
     immigration benefit under any provision of this title, or any 
     amendment made by this title, solely on the basis that the 
     alien violated section 1543, 1544, or 1546 of chapter 75 of 
     title 18, United States Code, during the period beginning on 
     the date of the enactment of this Act and ending on the date 
     that the Department of Homeland Security begins accepting 
     applications for benefits under Tiel VI.
       (2) Prosecution.--An alien who commits a violation of such 
     section 1543, 1544, or 1546 during the period beginning on 
     the date the enactment of this Act and ending on the date 
     that the alien applies for eligibility for such benefit may 
     be prosecuted for the violation if the alien's application 
     for such benefit is denied.
       (b) Limitation on Removal.--If an alien who is apprehended 
     prior to the beginning of the applicable application period 
     described in a provision of this title, or an amendment made 
     by this title, is able to establish prima facie eligibility 
     for an adjustment of status under such a provision, the alien 
     may not be removed from the United States for any reason 
     until the date that is 180 days after the first day of such 
     applicable application period unless the alien has engaged in 
     criminal conduct or is a threat to the national security of 
     the United States.

       Beginning on page 523, strike line 9 and all that follows 
     through page 524, line 23.

       On page 537, between lines 2 and 3, insert the following:

     SEC. 646. ADDRESSING POVERTY IN MEXICO.

       (a) Findings.--Congress finds the following:
       (1) There is a strong correlation between economic freedom 
     and economic prosperity.
       (2) 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.
       (3) Poverty in Mexico, including rural poverty, can be 
     mitigated through strengthened economic freedom within 
     Mexico.
       (4) Strengthened economic freedom in Mexico can be a major 
     influence in mitigating illegal immigration.
       (5) 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) Grant Authorized.--The Secretary of State may award a 
     grant to a land grant university in the United States to 
     establish a national program for a broad, university-based 
     Mexican rural poverty mitigation program.
       (c) Functions of Mexican Rural Poverty Mitigation 
     Program.--The program established pursuant to subsection (b) 
     shall--
       (1) match a land grant university in the United States with 
     the lead Mexican public university in each of Mexico's 31 
     states to provide state-level coordination of rural poverty 
     programs in Mexico;
       (2) establish relationships and coordinate programmatic 
     ties between universities in the United States and 
     universities in Mexico to address the issue of rural poverty 
     in Mexico;
       (3) establish and coordinate relationships with key leaders 
     in the United States and Mexico to explore the effect of 
     rural poverty on illegal immigration of Mexicans into the 
     United States; and
       (4) address immigration and border security concerns 
     through a university-based, binational approach for long-term 
     institutional change.
       (d) Use of Funds.--
       (1) Authorized uses.--Grant funds awarded under this 
     section may be used--
       (A) for education, training, technical assistance, and any 
     related expenses (including personnel and equipment) incurred 
     by the grantee in implementing a program described in 
     subsection (a); and
       (B) to establish an administrative structure for such 
     program in the United States.
       (2) Limitations.--Grant funds awarded under this section 
     may not be used for activities, responsibilities, or related 
     costs incurred by entities in Mexico.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such funds as may be necessary to carry 
     out this section.

       On page 540, beginning on line 17, strike ``to 6-year, 
     staggered, terms''.

       On page 544, line 20, strike ``(3) and (4)'' and insert 
     ``(2) and (3)''.

       On page 548, beginning on line 3, strike ``to a 7-year 
     term''.

       On page 552, between lines 2 and 3, insert the following:

     SEC. 708. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF 
                   MAGISTRATES.

       Section 631(a) of title 28, United States Code, is amended 
     by striking ``Northern Mariana Islands'' the first place it 
     appears and inserting ``Northern Mariana Islands, including 
     any judge in regular active service and any judge who has 
     retired from regular active service under section 371(b) of 
     this title,''.

       Beginning on page 552, strike line 3 and all that follows 
     through page 556, line 25, and insert the following:

  Subtitle B--Citizenship Assistance for Members of the Armed Services

     SEC. 711. SHORT TITLE.

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

     SEC. 712. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS 
                   OF THE ARMED FORCES.

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

     SEC. 713. PROVISION OF INFORMATION ON NATURALIZATION TO 
                   MEMBERS OF THE ARMED FORCES.

       The Secretary shall--
       (1) establish a dedicated toll-free telephone service 
     available only to members of the Armed Forces and the 
     families of such members to provide information related to 
     naturalization pursuant to section 328 or 329 of the 
     Immigration and Nationality Act (8 U.S.C. 1439 or 1440), 
     including the status of an application for such 
     naturalization;
       (2) ensure that the telephone service required by paragraph 
     (1) is operated by employees of the Department who--
       (A) have received specialized training on the 
     naturalization process for members of the Armed Forces and 
     the families of such members; and
       (B) are physically located in the same unit as the military 
     processing unit that adjudicates applications for 
     naturalization pursuant to such section 328 or 329; and
       (3) implement a quality control program to monitor, on a 
     regular basis, the accuracy and quality of information 
     provided by the employees who operate the telephone service 
     required by paragraph (1), including the breadth of the 
     knowledge related to the naturalization process of such 
     employees.

     SEC. 714. PROVISION OF INFORMATION ON NATURALIZATION TO THE 
                   PUBLIC.

       Not later than 30 days after the date that a modification 
     to any law or regulation related to the naturalization 
     process becomes effective, the Secretary shall update the 
     appropriate application form for naturalization, the 
     instructions and guidebook for obtaining naturalization, and 
     the Internet website maintained by the Secretary to reflect 
     such modification.

     SEC. 715. REPORTS.

       (a) Adjudication Process.--Not later than 120 days after 
     the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the appropriate 
     congressional committees a report on the entire process for 
     the adjudication of an application for naturalization filed 
     pursuant to section 328 or 329 of the Immigration and 
     Nationality Act (8 U.S.C. 1439 or 1440), including the 
     process that begins at the time the application is mailed to, 
     or received by, the Secretary, regardless of whether the 
     Secretary determines that such application is complete, 
     through the final disposition of such application. Such 
     report shall include a description of--
       (1) the methods of the Secretary to prepare, handle, and 
     adjudicate such applications;
       (2) the effectiveness of the chain of authority, 
     supervision, and training of employees of the Government or 
     of other entities, including contract employees, who have any 
     role in the such process or adjudication; and
       (3) the ability of the Secretary to use technology to 
     facilitate or accomplish any aspect of such process or 
     adjudication.
       (b) Implementation.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study on the implementation of this subtitle 
     by the Secretary, including studying any technology that may 
     be used to improve the efficiency of the naturalization 
     process for members of the Armed Forces.
       (2) Report.--Not later than 180 days after the date that 
     the Comptroller General submits the report required by 
     subsection (a), the Comptroller General shall submit to the 
     appropriate congressional committees a report on the study 
     required by paragraph (1).

[[Page S5269]]

     The report shall include any recommendations of the 
     Comptroller General for improving the implementation of this 
     subtitle by the Secretary.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     the Judiciary of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     the Judiciary of the House of Representatives.

       On page 560, line 1, strike ``4'' and insert ``724''.

       Beginning on page 583, strike line 18 and all that follows 
     through page 584, line 2.

       On page 605, strike line 7 and all that follows through 
     page 607, line 18, and insert the following:

     SEC. 761. BORDER SECURITY ON CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Protected land.--The term ``protected land'' means land 
     under the jurisdiction of the Secretary concerned.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--
       (1) In general.--To gain operational control over the 
     international land borders of the United States and to 
     prevent the entry of terrorists, unlawful aliens, narcotics, 
     and other contraband into the United States, the Secretary, 
     in cooperation with the Secretary concerned, shall provide--
       (A) increased Customs and Border Protection personnel to 
     secure protected land along the international land borders of 
     the United States;
       (B) Federal land resource training for Customs and Border 
     Protection agents dedicated to protected land; and
       (C) Unmanned Aerial Vehicles, aerial assets, Remote Video 
     Surveillance camera systems, and sensors on protected land 
     that is directly adjacent to the international land border of 
     the United States, with priority given to units of the 
     National Park System.
       (2) Coordination.--In providing training for Customs and 
     Border Protection agents under paragraph (1)(B), the 
     Secretary shall coordinate with the Secretary concerned to 
     ensure that the training is appropriate to the mission of the 
     National Park Service, the United States Fish and Wildlife 
     Service, the Forest Service, or the relevant agency of the 
     Department of the Interior or the Department of Agriculture 
     to minimize the adverse impact on natural and cultural 
     resources from border protection activities.
       (c) Inventory of Costs and Activities.--The Secretary 
     concerned shall develop and submit to the Secretary an 
     inventory of costs incurred by the Secretary concerned 
     relating to illegal border activity, including the cost of 
     equipment, training, recurring maintenance, construction of 
     facilities, restoration of natural and cultural resources, 
     recapitalization of facilities, and operations.
       (d) Recommendations.--The Secretary shall--
       (1) develop joint recommendations with the National Park 
     Service, the United States Fish and Wildlife Service, and the 
     Forest Service for an appropriate cost recovery mechanism 
     relating to items identified in subsection (c); and
       (2) not later than March 31, 2007, submit to the 
     appropriate congressional committees (as defined in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101)), 
     including the Subcommittee on National Parks of the Senate 
     and the Subcommittee on National Parks, Recreation and Public 
     Lands of the House of Representatives, the recommendations 
     developed under paragraph (1).
       (e) Border Protection Strategy.--The Secretary, the 
     Secretary of the Interior, and the Secretary of Agriculture 
     shall jointly develop a border protection strategy that 
     supports the border security needs of the United States in 
     the manner that best protects--
       (1) units of the National Park System;
       (2) National Forest System land;
       (3) land under the jurisdiction of the United States Fish 
     and Wildlife Service; and
       (4) other relevant land under the jurisdiction of the 
     Department of the Interior or the Department of Agriculture.

       On page 614, after line 5, insert the following:

     SEC. 767. OFFICE OF INTERNAL CORRUPTION INVESTIGATION.

       (a) Internal Corruption; Benefits Fraud.--Section 453 of 
     the Homeland Security Act of 2002 (6 U.S.C. 273) is amended--
       (1) by striking ``the Bureau of'' each place it appears and 
     inserting ``United States'';
       (2) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) establishing the Office of Internal Corruption 
     Investigation, which shall--
       ``(A) receive, process, administer, and investigate 
     criminal and noncriminal allegations of misconduct, 
     corruption, and fraud involving any employee or contract 
     worker of United States Citizenship and Immigration Services 
     that are not subject to investigation by the Inspector 
     General for the Department;
       ``(B) ensure that all complaints alleging any violation 
     described in subparagraph (A) are handled and stored in a 
     manner appropriate to their sensitivity;
       ``(C) have access to all records, reports, audits, reviews, 
     documents, papers, recommendations, or other material 
     available to United States Citizenship and Immigration 
     Services, which relate to programs and operations for which 
     the Director is responsible under this Act;
       ``(D) request such information or assistance from any 
     Federal, State, or local government agency as may be 
     necessary for carrying out the duties and responsibilities 
     under this section;
       ``(E) require the production of all information, documents, 
     reports, answers, records, accounts, papers, and other data 
     and documentary evidence necessary to carry out the functions 
     under this section--
       ``(i) by subpoena, which shall be enforceable, in the case 
     of contumacy or refusal to obey, by order of any appropriate 
     United States district court; or
       ``(ii) through procedures other than subpoenas if obtaining 
     documents or information from Federal agencies;
       ``(F) administer to, or take from, any person an oath, 
     affirmation, or affidavit, as necessary to carry out the 
     functions under this section, which oath, affirmation, or 
     affidavit, if administered or taken by or before an agent of 
     the Office of Internal Corruption Investigation shall have 
     the same force and effect as if administered or taken by or 
     before an officer having a seal;
       ``(G) investigate criminal allegations and noncriminal 
     misconduct;
       ``(H) acquire adequate office space, equipment, and 
     supplies as necessary to carry out the functions and 
     responsibilities under this section; and
       ``(I) be under the direct supervision of the Director.'';
       (B) in paragraph (2), by striking ``and'' at the end;
       (C) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(4) establishing the Office of Immigration Benefits Fraud 
     Investigation, which shall--
       ``(A) conduct administrative investigations, including site 
     visits, to address immigration benefit fraud;
       ``(B) assist United States Citizenship and Immigration 
     Services provide the right benefit to the right person at the 
     right time;
       ``(C) track, measure, assess, conduct pattern analysis, and 
     report fraud-related data to the Director; and
       ``(D) work with counterparts in other Federal agencies on 
     matters of mutual interest or information-sharing relating to 
     immigration benefit fraud.''; and
       (3) by adding at the end the following:
       ``(c) Annual Report.--The Director, in consultation with 
     the Office of Internal Corruption Investigations, shall 
     submit an annual report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives that describes--
       ``(1) the activities of the Office, including the number of 
     investigations began, completed, pending, turned over to the 
     Inspector General for criminal investigations, and turned 
     over to a United States Attorney for prosecution; and
       ``(2) the types of allegations investigated by the Office 
     during the 12-month period immediately preceding the 
     submission of the report that relate to the misconduct, 
     corruption, and fraud described in subsection (a)(1).''.
       (b) Use of Immigration Fees to Combat Fraud.--Section 
     286(v)(2)(B) (8 U.S.C. 1356(v)(2)(B)) is amended by adding at 
     the end the following: ``Not less than 20 percent of the 
     funds made available under this subparagraph shall be used 
     for activities and functions described in paragraphs (1) and 
     (4) of section 453(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 273(a)).''.

     SEC. 768. ADJUSTMENT OF STATUS FOR CERTAIN PERSECUTED 
                   RELIGIOUS MINORITIES.

       (a) In General.--The Secretary shall adjust the status of 
     an alien to that of an alien lawfully admitted for permanent 
     residence if the alien--
       (1) is a persecuted religious minority;
       (2) is admissible to the United States as an immigrant, 
     except as provided under subsection (b);
       (3) had an application for asylum pending on May 1, 2003;
       (4) applies for such adjustment of status;
       (5) was physically present in the United States on the date 
     the application for such adjustment is filed; and
       (6) pays a fee, in an amount determined by the Secretary, 
     for the processing of such application.
       (b) Waiver of Certain Grounds for Inadmissibility.--
       (1) Inapplicable provision.--Section 212(a)(7) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(7)) shall 
     not apply to any adjustment of status under this section.
       (2) Waiver.--The Secretary may waive any other provision of 
     section 212(a) of such Act (except for paragraphs (2) and 
     (3)) if extraordinary and compelling circumstances warrant 
     such an adjustment for humanitarian purposes, to ensure 
     family unity, or if it is otherwise in the public interest.

     SEC. 769. 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--

[[Page S5270]]

       (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''.

     SEC. 770. DESIGNATION OF PROGRAM COUNTRIES.

       Section 217(c)(1) (8 U.S.C. 1187(c)(1)) is amended to read 
     as follows:
       ``(1) In general.--As soon as any country fully meets the 
     requirements under paragraph (2), the Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     designate such country as a program country.''.

     SEC. 771. GLOBAL HEALTHCARE COOPERATION.

       (a) Global Healthcare Cooperation.--Title III (8 U.S.C. 
     1401 et seq.) is amended by inserting after section 317 the 
     following:

     ``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTHCARE 
                   IN DEVELOPING COUNTRIES.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of Homeland Security shall allow an 
     eligible alien and the spouse or child of such alien to 
     reside in a candidate country during the period that the 
     eligible alien is working as a physician or other healthcare 
     worker in a candidate country. During such period the 
     eligible alien and such spouse or child shall be considered--
       ``(1) to be physically present and residing in the United 
     States for purposes of naturalization under section 316(a); 
     and
       ``(2) to meet the continuous residency requirements under 
     section 316(b).
       ``(b) Definitions.--In this section:
       ``(1) Candidate country.--The term `candidate country' 
     means a country that the Secretary of State determines is--
       ``(A) eligible for assistance from the International 
     Development Association, in which the per capita income of 
     the country is equal to or less than the historical ceiling 
     of the International Development Association for the 
     applicable fiscal year, as defined by the International Bank 
     for Reconstruction and Development;
       ``(B) classified as a lower middle income country in the 
     then most recent edition of the World Development Report for 
     Reconstruction and Development published by the International 
     Bank for Reconstruction and Development and having an income 
     greater than the historical ceiling for International 
     Development Association eligibility for the applicable fiscal 
     year; or
       ``(C) qualifies to be a candidate country due to special 
     circumstances, including natural disasters or public health 
     emergencies.
       ``(2) Eligible alien.--The term `eligible alien' means an 
     alien who--
       ``(A) has been lawfully admitted to the United States for 
     permanent residence; and
       ``(B) is a physician or other healthcare worker.
       ``(c) Consultation.--The Secretary of Homeland Security 
     shall consult with the Secretary of State in carrying out 
     this subsection.
       ``(d) Publication.--The Secretary of State shall publish--
       ``(1) not later than 6 months after the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006, and annually thereafter, a list of candidate countries; 
     and
       ``(2) an immediate amendment to such list at any time to 
     include any country that qualifies as a candidate country due 
     to special circumstances under subsection (b)(1)(C).''.
       (b) Rulemaking.--
       (1) Requirement.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out the amendments made by this section.
       (2) Content.--The regulations required by paragraph (1) 
     shall--
       (A) permit an eligible alien (as defined in section 317A of 
     the Immigration and Nationality Act, as added by subsection 
     (a)) and the spouse or child of the eligible alien to reside 
     in a foreign country to work as a physician or other 
     healthcare worker as described in subsection (a) of such 
     section 317A for not less than a 12-month period and not more 
     than a 24-month period, and shall permit the Secretary to 
     extend such period for an additional period not to exceed 12 
     months, if the Secretary determines that such country has a 
     continuing need for such a physician or other healthcare 
     worker;
       (B) provide for the issuance of documents by the Secretary 
     to such eligible alien, and such spouse or child, if 
     appropriate, to demonstrate that such eligible alien, and 
     such spouse or child, if appropriate, is authorized to reside 
     in such country under such section 317A; and
       (C) provide for an expedited process through which the 
     Secretary shall review applications for such an eligible 
     alien to reside in a foreign country pursuant to subsection 
     (a) of such section 317A if the Secretary of State determines 
     a country is a candidate country pursuant to subsection 
     (b)(1)(C) of such section 317A.
       (c) Technical and Conforming Amendments.--The Immigration 
     and Nationality Act is amended as follows:
       (1) Section 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii)) 
     is amended by adding at the end ``except in the case of an 
     eligible alien, or the spouse or child of such alien, 
     authorized to be absent from the United States pursuant to 
     section 317A,''.
       (2) Section 211(b) (8 U.S.C. 1181(b)) is amended by 
     inserting ``, including an eligible alien authorized to 
     reside in a foreign country pursuant to section 317A and the 
     spouse or child of such eligible alien, if appropriate,'' 
     after ``101(a)(27)(A),''.
       (3) Section 212(a)(7)(A)(i)(I) (8 U.S.C. 
     1182(a)(7)(A)(i)(I)) is amended by inserting ``other than an 
     eligible alien authorized to reside in a foreign country 
     pursuant to section 317A and the spouse or child of such 
     eligible alien, if appropriate,'' after ``Act,''.
       (4) Section 319(b)(1)(B) (8 U.S.C. 1430(b)(1)(B)) is 
     amended by inserting ``an eligible alien who is residing or 
     has resided in a foreign country pursuant to section 317A'' 
     before ``and'' at the end.
       (5) The table of contents is amended by inserting after the 
     item relating to section 317 the following:

``Sec. 317A. Temporary absence of aliens providing healthcare in 
              developing countries.''.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Bureau of Citizenship and 
     Immigration Services such sums as may be necessary to carry 
     out this section and the amendments made by this section.

     SEC. 772. ATTESTATION BY HEALTHCARE WORKERS.

       (a) Requirement for Attestation.--Section 212(a)(5) (8 
     U.S.C. 1182(a)(5)) is amended by adding at the end the 
     following new subparagraph:
       ``(E) Healthcare workers with other obligations.--
       ``(i) In general.--An alien who seeks to enter the United 
     States for the purpose of performing labor as a physician or 
     other healthcare worker is inadmissible unless the alien 
     submits to the Secretary of Homeland Security or the 
     Secretary of State, as appropriate, an attestation that the 
     alien is not seeking to enter the United States for such 
     purpose during any period in which the alien has an 
     outstanding obligation to the government of the alien's 
     country of origin or the alien's country of residence.
       ``(ii) Obligation defined.--In this subparagraph, the term 
     `obligation' means an obligation incurred as part of a valid, 
     voluntary individual agreement in which the alien received 
     financial assistance to defray the costs of education or 
     training to qualify as a physician or other healthcare worker 
     in consideration for a commitment to work as a physician or 
     other healthcare worker in the alien's country of origin or 
     the alien's country of residence.
       ``(iii) Waiver.--The Secretary of Homeland Security may 
     waive a finding of inadmissibility under clause (i) if the 
     Secretary determines that--

       ``(I) the obligation was incurred by coercion or other 
     improper means;
       ``(II) the alien and the government of the country to which 
     the alien has an outstanding obligation have reached a valid, 
     voluntary agreement, pursuant to which the alien's obligation 
     has been deemed satisfied, or the alien has shown to the 
     satisfaction of the Secretary that the alien has been unable 
     to reach such an agreement because of coercion or other 
     improper means; or
       ``(III) the obligation should not be enforced due to other 
     extraordinary circumstances, including undue hardship that 
     would be suffered by the alien in the absence of a waiver.''.

       (b) Effective Date and Application.--
       (1) Effective date.--The amendment made by subsection (a) 
     shall become effective 180 days after the date of the 
     enactment of this Act.
       (2) Application by the secretary.--The Secretary shall 
     begin to carry out the subparagraph (E) of section 212(a)(5) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), 
     as added by subsection (a), not later than the effective date 
     described in paragraph (1), including the requirement for the 
     attestation and the granting of a waiver described in such 
     subparagraph, regardless of whether regulations to implement 
     such subparagraph have been promulgated.

     SEC. 773. PUBLIC ACCESS TO THE STATUE OF LIBERTY.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of the Interior shall ensure that all 
     persons who satisfy reasonable and appropriate security 
     measures shall have full access to the public areas of the 
     Statue of Liberty, including the crown and the stairs leading 
     thereto.
       On page 12, line 1, 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 to test unmanned aerial vehicles for border 
     surveillance along the international border between Canada 
     and the United States.
       (f)

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