[Congressional Record Volume 152, Number 119 (Thursday, September 21, 2006)]
[Senate]
[Pages S9908-S9996]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5026. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. ENHANCED BORDER SURVEILLANCE.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary of Homeland Security, in cooperation 
     with the Administrator of the Federal Aviation 
     Administration, shall establish a 1-year pilot program at the 
     Northern Border Air Wing bases of the Office of Customs and 
     Border Protection Air and Marine to test the use of unmanned 
     aerial vehicles for border surveillance along the 
     international marine and land border between Canada and the 
     United States.
                                 ______
                                 
  SA 5027. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STUDY ON METHAMPHETAMINE INFILTRATION AT THE 
                   BORDERS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Homeland Security, in conjunction with 
     the Drug Enforcement Agency, shall report to Congress--

[[Page S9909]]

       (1) on the amount and type of methamphetamine seizures 
     occurring at both the northern and southern borders; and
       (2) after considering the flow of methamphetamine and its 
     precursors across our borders, recommendations identifying 
     funding, equipment, and infrastructure needs to better combat 
     methamphetamine trafficking across United States borders with 
     particular attention to the manpower and equipment needs on 
     Indian reservations located at or near United States borders.
                                 ______
                                 
  SA 5028. Mr. SALAZAR (for himself, Mr. Kennedy, Mr. Lieberman, Mr. 
Obama, Mr. Reid, Mr. Leahy, Mr. Durbin, and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:

       On page 7, after line 10, add the following:

              DIVISION A--COMPREHENSIVE IMMIGRATION REFORM

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

              DIVISION A--COMPREHENSIVE IMMIGRATION REFORM

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

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

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

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

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North 
              American security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.
Sec. 116. Deaths at United States-Mexico border.
Sec. 117. Cooperation with the Government of Mexico.

             Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border Patrol training capacity review.
Sec. 124. Us-visit System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit System.
Sec. 129. Border study.
Sec. 130. Secure Border Initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between 
              ports of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting, 
              entry, or clearance requirements.
Sec. 133. Temporary National Guard support for securing the southern 
              land border of the United States.
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.
Sec. 135. Western Hemisphere Travel Initiative.

                Subtitle D--Border Tunnel Prevention Act

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

             Subtitle E--Border Law Enforcement Relief Act

Sec. 151. Short title.
Sec. 152. Findings.
Sec. 153. Border relief grant Program.
Sec. 154. Enforcement of Federal Immigration law.

                  Subtitle F--Rapid Response Measures

Sec. 161. Deployment of Border Patrol agents.
Sec. 162. Border Patrol major assets.
Sec. 163. Electronic equipment.
Sec. 164. Personal equipment.
Sec. 165. Authorization of appropriations.

                     TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence, 
              removal, and alien smuggling.
Sec. 206. Illegal entry.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, VISA, and Immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and Immigration 
              fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United 
              States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of 
              firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain Immigration, 
              naturalization, and peonage offenses.
Sec. 215. Diplomatic security Service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Construction.
Sec. 218. State Criminal Alien Assistance Program.
Sec. 219. Transportation and processing of illegal aliens apprehended 
              by State and local law enforcement officers.
Sec. 220. Reducing illegal Immigration and ALIEN smuggling on tribal 
              lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local Enforcement of Federal Immigration laws.
Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political 
              subdivisions and transfer to Federal custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of Immigration violators in the National Crime 
              Information Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. Increase of Federal detention space and the utilization of 
              facilities identified for closures as a result of the 
              Defense Base Closure Realignment Act of 1990.
Sec. 234. Determination of Immigration status of individuals charged 
              with Federal offenses.
Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 301. Unlawful employment of aliens.
Sec. 302. Employer Compliance Fund.
Sec. 303. Additional worksite enforcement and fraud detection agents.
Sec. 304. Clarification of ineligibility for misrepresentation.
Sec. 305. Antidiscrimination protections.

            TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

                  Subtitle A--Temporary Guest Workers

Sec. 401. Immigration impact study.
Sec. 402. Nonimmigrant temporary worker.
Sec. 403. Admission of nonimmigrant temporary guest workers.
Sec. 404. Employer obligations.
Sec. 405. ALIEN employment management System.
Sec. 406. Rulemaking; effective date.
Sec. 407. Recruitment of United States workers.
Sec. 408. Temporary guest worker VISA Program Task Force.
Sec. 409. Requirements for participating countries.
Sec. 410. S visas.
Sec. 411. L VISA limitations.
Sec. 412. Compliance investigators.
Sec. 413. VISA waiver Program expansion.
Sec. 414. Authorization of appropriations.

               Subtitle B--Immigration Injunction Reform

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

                       TITLE V--BACKLOG REDUCTION

Sec. 501. Elimination of existing backlogs.
Sec. 502. Country limits.
Sec. 503. Allocation of immigrant visas.
Sec. 504. Relief for minor children and widows.
Sec. 505. Shortage occupations.
Sec. 506. Relief for widows and orphans.
Sec. 507. Student visas.
Sec. 508. Visas for individuals with advanced degrees.
Sec. 509. Children of Filipino World War II veterans.
Sec. 510. Expedited adjudication of employer petitions for aliens of 
              extraordinary artistic ability.
Sec. 511. Powerline workers.
Sec. 512. Determinations with respect to children under the Haitian 
              Refugee Immigration Fairness Act of 1998.

                          Subtitle B--SKIL Act

Sec. 521. Short title.
Sec. 522. H-1b VISA holders.
Sec. 523. Market-based VISA limits.
Sec. 524. United States educated immigrants.
Sec. 525. Student visa reform.
Sec. 526. L-1 VISA holders Subject to VISA backlog.
Sec. 527. Retaining workers Subject to green card backlog.
Sec. 528. Streamlining the adjudication process for established 
              employers.

[[Page S9910]]

Sec. 529. Providing premium processing of Employment-Based visa 
              petitions.
Sec. 530. Eliminating procedural delays in labor certification process.
Sec. 531. Completion of background and security checks.
Sec. 532. VISA revalidation.

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

Sec. 541. Short title.
Sec. 542. Definitions.
Sec. 543. Special immigrant status.
Sec. 544. Extension of filing or reentry deadlines.
Sec. 545. Humanitarian relief for certain surviving spouses and 
              children.
Sec. 546. Recipient of public benefits.
Sec. 547. Age-out protection.
Sec. 548. Employment eligibility verification.
Sec. 549. Naturalization.
Sec. 550. Discretionary authority.
Sec. 551. Evidentiary standards and regulations.
Sec. 552. Identification documents.
Sec. 553. Waiver of regulations.
Sec. 554. Notices of change of address.
Sec. 555. Foreign students and exchange Program participants.

     TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED 
                              INDIVIDUALS

  Subtitle A--Access to Earned Adjustment and Mandatory Departure and 
                                Reentry

Sec. 601. Access to earned adjustment and mandatory departure and 
              reentry.

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

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

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

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

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

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

                  CHAPTER 3--Miscellaneous Provisions

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

                         Subtitle C--DREAM Act

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

          Subtitle D--Programs To Assist Nonimmigrant Workers

Sec. 641. Ineligibility and removal prior to application period.
Sec. 642. Grants to support public education and community training.
Sec. 643. Strengthening American citizenship.
Sec. 644. Supplemental Immigration fee.
Sec. 645. Addressing poverty in Mexico.

                        TITLE VII--MISCELLANEOUS

              Subtitle A--Immigration Litigation Reduction

                     CHAPTER 1--Appeals and Review

Sec. 701. Additional Immigration personnel.

                  CHAPTER 2--Immigration Review Reform

Sec. 702. Board of Immigration Appeals.
Sec. 703. Immigration judges.
Sec. 704. Removal and review of judges.
Sec. 705. Legal orientation Program.
Sec. 706. Regulations.
Sec. 707. GAO study on the appellate process for Immigration appeals.
Sec. 708. Senior judge participation in the selection of magistrates.

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

Sec. 711. Short title.
Sec. 712. Waiver of requirement for fingerprints for Members of the 
              Armed Forces.
Sec. 713. Provision of information on naturalization to Members of the 
              Armed Forces.
Sec. 714. Provision of information on naturalization to the public.
Sec. 715. Reports.

           Subtitle C--State Court Interpreter Grant Program

Sec. 721. Short title.
Sec. 722. Findings.
Sec. 723. State court interpreter Program.
Sec. 724. Authorization of appropriations.

     Subtitle D--Border Infrastructure and Technology Modernization

Sec. 731. Short title.
Sec. 732. Definitions.
Sec. 733. Port of Entry Infrastructure Assessment Study.
Sec. 734. National Land Border Security Plan.
Sec. 735. Expansion of commerce security programs.
Sec. 736. Port of entry technology demonstration Program.
Sec. 737. Authorization of appropriations.

                 Subtitle E--Family Humanitarian Relief

Sec. 741. Short title.
Sec. 742. Adjustment of status for certain nonimmigrant victims of 
              terrorism.
Sec. 743. Cancellation of removal for certain immigrant victims of 
              terrorism.
Sec. 744. Exceptions.
Sec. 745. Evidence of death.
Sec. 746. Definitions.

                       Subtitle F--Other Matters

Sec. 751. Noncitizen membership in the Armed Forces.
Sec. 752. Nonimmigrant alien status for certain athletes.
Sec. 753. Extension of returning worker exemption.
Sec. 754. Surveillance technologies programs.
Sec. 755. Comprehensive Immigration efficiency review.
Sec. 756. Northern Border Prosecution Initiative.
Sec. 757. Southwest Border Prosecution Initiative.
Sec. 758. Grant Program to assist eligible applicants.
Sec. 759. Screening of municipal solid waste.
Sec. 760. Access to Immigration services in areas that are not 
              accessible by road.
Sec. 761. Border Security on certain Federal land.
Sec. 762. Unmanned Aerial Vehicles.
Sec. 763. Relief for widows and orphans.
Sec. 764. Terrorist activities.
Sec. 765. Family unity.
Sec. 766. Travel document plan.
Sec. 767. English as national language.
Sec. 768. Requirements for naturalization.
Sec. 769. Declaration of English.
Sec. 770. Preserving and enhancing the role of the English language.
Sec. 771. Exclusion of illegal aliens from congressional apportionment 
              tabulations.
Sec. 772. Office of Internal Corruption Investigation.
Sec. 773. Adjustment of status for certain persecuted religious 
              minorities.
Sec. 774. Eligibility of agricultural and forestry workers for certain 
              legal assistance.
Sec. 775. Designation of Program countries.
Sec. 776. Global healthcare cooperation.
Sec. 777. Attestation by healthcare workers.
Sec. 778. Public access to the Statue of Liberty.
Sec. 779. National security determination.

                TITLE VIII--INTERCOUNTRY ADOPTION REFORM

Sec. 801. Short title.
Sec. 802. Findings; purposes.
Sec. 803. Definitions.

          Subtitle A--Administration of Intercountry Adoptions

Sec. 811. Office of Intercountry Adoptions.
Sec. 812. Recognition of Convention adoptions in the United States.
Sec. 813. Technical and conforming amendment.
Sec. 814. Transfer of functions.
Sec. 815. Transfer of resources.
Sec. 816. Incidental transfers.
Sec. 817. Savings provisions.

    Subtitle B--Reform of United States Laws Governing Intercountry 
                               Adoptions

Sec. 821. Automatic acquisition of citizenship for adopted children 
              born outside the United States.
Sec. 822. Revised procedures.
Sec. 823. Nonimmigrant visas for children traveling to the United 
              States to be adopted by a United States citizen.
Sec. 824. Definition of adoptable child.
Sec. 825. Approval to adopt.
Sec. 826. Adjudication of child status.
Sec. 827. Funds.

                        Subtitle C--Enforcement

Sec. 831. Civil penalties and enforcement.
Sec. 832. Criminal penalties.

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

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

     SEC. 3. DEFINITIONS.

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

     SEC. 4. SEVERABILITY.

       If any provision of this Act, any amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be invalid for any reason, 
     the remainder of this Act, the amendments made by this Act, 
     and the application of the provisions of such to any

[[Page S9911]]

     other person or circumstance shall not be affected by such 
     holding.

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

     SEC. 101. ENFORCEMENT PERSONNEL.

       (a) Additional Personnel.--
       (1) Port of entry inspectors.--In each of the fiscal years 
     2007 through 2011, the Secretary shall, subject to the 
     availability of appropriations, increase by not less than 500 
     the number of positions for full-time active duty port of 
     entry inspectors and provide appropriate training, equipment, 
     and support to such additional inspectors.
       (2) Investigative personnel.--
       (A) Immigration and customs enforcement investigators.--
     Section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) 
     is amended by striking ``800'' and inserting ``1000''.
       (B) Additional personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004, as amended by subparagraph 
     (A), during each of the fiscal years 2007 through 2011, the 
     Secretary shall, subject to the availability of 
     appropriations, increase by not less than 200 the number of 
     positions for personnel within the Department assigned to 
     investigate alien smuggling.
       (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.
       (b) Authorization of Appropriations.--
       (1) Port of entry inspectors.--There are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for each of the fiscal years 2007 through 2011 to carry out 
     paragraph (1) of subsection (a).
       (2) 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) Border patrol agents.--Section 5202 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) 
     is amended to read as follows:

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

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

     SEC. 102. TECHNOLOGICAL ASSETS.

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

     SEC. 103. INFRASTRUCTURE.

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

     SEC. 104. BORDER PATROL CHECKPOINTS.

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

     SEC. 105. PORTS OF ENTRY.

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

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

       (a) Tucson Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Tucson Sector located proximate to population 
     centers in Douglas, Nogales, Naco, and Lukeville, Arizona 
     with double- or triple-layered fencing running parallel to 
     the international border between the United States and 
     Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas, except 
     that the double- or triple-layered fence shall extend west of 
     Naco, Arizona, for a distance of 10 miles; and
       (3) construct not less than 150 miles of vehicle barriers 
     and all-weather roads in the Tucson Sector running parallel 
     to the international border between the United States and 
     Mexico in areas that are known transit points for illegal 
     cross-border traffic.
       (b) Yuma Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Yuma Sector located proximate to population 
     centers in Yuma, Somerton, and San Luis, Arizona with double- 
     or triple-layered fencing running parallel to the 
     international border between the United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas in the 
     Yuma Sector; and
       (3) construct not less than 50 miles of vehicle barriers 
     and all-weather roads in the Yuma Sector running parallel to 
     the international border between the United States and Mexico 
     in areas that are known transit points for illegal cross-
     border traffic.
       (c) Other High Trafficked Areas.--The Secretary shall 
     construct not less than 370 miles of triple-layered fencing 
     which may include portions already constructed in San Diego 
     Tucson and Yuma Sectors, and 500 miles of vehicle barriers in 
     other areas along the southwest border that the Secretary 
     determines are areas that are most often used by smugglers 
     and illegal aliens attempting to gain illegal entry into the 
     United States.
       (d) Construction Deadline.--The Secretary shall immediately 
     commence construction of the fencing, barriers, and roads 
     described in subsections (a), (b), and (c) and shall complete 
     such construction not later than 2 years after the date of 
     the enactment of this Act.
       (e) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes the progress that has been made in 
     constructing the fencing, barriers, and roads described in 
     subsections (a), (b), and (c).

[[Page S9912]]

       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

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

     SEC. 111. SURVEILLANCE PLAN.

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

     SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

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

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

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

[[Page S9913]]

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

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

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

     SEC. 115. COMBATING HUMAN SMUGGLING.

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

     SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.

       (a) Collection of Statistics.--The Commissioner of the 
     Bureau of Customs and Border Protection shall collect 
     statistics relating to deaths occurring at the border between 
     the United States and Mexico, including--
       (1) the causes of the deaths; and
       (2) the total number of deaths.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Commissioner of the Bureau of Customs and Border Protection 
     shall submit to the Secretary a report that--
       (1) analyzes trends with respect to the statistics 
     collected under subsection (a) during the preceding year; and
       (2) recommends actions to reduce the deaths described in 
     subsection (a).

     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;

[[Page S9914]]

       (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.

             Subtitle C--Other Border Security Initiatives

     SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

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

     SEC. 122. SECURE COMMUNICATION.

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

     SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

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

     SEC. 124. US-VISIT SYSTEM.

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

     SEC. 125. DOCUMENT FRAUD DETECTION.

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

     SEC. 126. IMPROVED DOCUMENT INTEGRITY.

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

     SEC. 127. CANCELLATION OF VISAS.

       Section 222(g) (8 U.S.C. 1202(g)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by inserting ``and any other nonimmigrant visa issued 
     by the United States that is in the possession of the alien'' 
     after ``such visa''; and
       (2) in paragraph (2)(A), by striking ``(other than the visa 
     described in paragraph (1)) issued in a consular office 
     located in the country of the alien's nationality'' and 
     inserting ``(other than a visa described in paragraph (1)) 
     issued in a consular office located in the country of the 
     alien's nationality or foreign residence''.

     SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

       (a) Collection of Biometric Data From Aliens Departing the 
     United States.--Section 215 (8 U.S.C. 1185) is amended--
       (1) by redesignating subsection (c) as subsection (g);
       (2) by moving subsection (g), as redesignated by paragraph 
     (1), to the end; and
       (3) by inserting after subsection (b) the following:
       ``(c) The Secretary of Homeland Security is authorized to 
     require aliens departing the United States to provide 
     biometric data and other information relating to their 
     immigration status.''.
       (b) Inspection of Applicants for Admission.--Section 235(d) 
     (8 U.S.C. 1225(d)) is amended by adding at the end the 
     following:
       ``(5) Authority to collect biometric data.--In conducting 
     inspections under subsection (b), immigration officers are 
     authorized to collect biometric data from--
       ``(A) any applicant for admission or alien seeking to 
     transit through the United States; or
       ``(B) any lawful permanent resident who is entering the 
     United States and who is not regarded as seeking admission 
     pursuant to section 101(a)(13)(C).''.
       (c) Collection of Biometric Data From Alien Crewmen.--
     Section 252 (8 U.S.C. 1282)

[[Page S9915]]

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

     SEC. 129. BORDER STUDY.

       (a) Southern Border Study.--The Secretary, in consultation 
     with the Attorney General, the Secretary of the Interior, the 
     Secretary of Agriculture, the Secretary of Defense, the 
     Secretary of Commerce, and the Administrator of the 
     Environmental Protection Agency, shall conduct a study on the 
     construction of a system of physical barriers along the 
     southern international land and maritime border of the United 
     States. The study shall include--
       (1) an assessment of the necessity of constructing such a 
     system, including the identification of areas of high 
     priority for the construction of such a system determined 
     after consideration of factors including the amount of 
     narcotics trafficking and the number of illegal immigrants 
     apprehended in such areas;
       (2) an assessment of the feasibility of constructing such a 
     system;
       (3) an assessment of the international, national, and 
     regional environmental impact of such a system, including the 
     impact on zoning, global climate change, ozone depletion, 
     biodiversity loss, and transboundary pollution;
       (4) an assessment of the necessity for ports of entry along 
     such a system;
       (5) an assessment of the impact such a system would have on 
     international trade, commerce, and tourism;
       (6) an assessment of the effect of such a system on private 
     property rights including issues of eminent domain and 
     riparian rights;
       (7) an estimate of the costs associated with building a 
     barrier system, including costs associated with excavation, 
     construction, and maintenance;
       (8) an assessment of the effect of such a system on Indian 
     reservations and units of the National Park System;
       (9) an assessment of the necessity of constructing such a 
     system after the implementation of provisions of this Act 
     relating to guest workers, visa reform, and interior and 
     worksite enforcement, and the likely effect of such 
     provisions on undocumented immigration and the flow of 
     illegal immigrants across the international border of the 
     United States;
       (10) an assessment of the impact of such a system on 
     diplomatic relations between the United States and Mexico, 
     Central America, and South America, including the likely 
     impact of such a system on existing and potential areas of 
     bilateral and multilateral cooperative enforcement efforts;
       (11) an assessment of the impact of such a system on the 
     quality of life within border communities in the United 
     States and Mexico, including its impact on noise and light 
     pollution, housing, transportation, security, and 
     environmental health;
       (12) an assessment of the likelihood that such a system 
     would lead to increased violations of the human rights, 
     health, safety, or civil rights of individuals in the region 
     near the southern international border of the United States, 
     regardless of the immigration status of such individuals;
       (13) an assessment of the effect such a system would have 
     on violence near the southern international border of the 
     United States; and
       (14) an assessment of the effect of such a system on the 
     vulnerability of the United States to infiltration by 
     terrorists or other agents intending to inflict direct harm 
     on the United States.
       (b) Report.--Not later than 9 months after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study described in subsection (a).

     SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

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

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

       (a) In General.--Beginning on October 1, 2007, an alien 
     (other than a national of Mexico) who is attempting to 
     illegally enter the United States and who is apprehended at a 
     United States port of entry or along the international land 
     and maritime border of the United States shall be detained 
     until removed or a final decision granting admission has been 
     determined, unless the alien--
       (1) is permitted to withdraw an application for admission 
     under section 235(a)(4) of the Immigration and Nationality 
     Act (8 U.S.C. 1225(a)(4)) and immediately departs from the 
     United States pursuant to such section; or
       (2) is paroled into the United States by the Secretary for 
     urgent humanitarian reasons or significant public benefit in 
     accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 
     1182(d)(5)(A)).
       (b) Requirements During Interim Period.--Beginning 60 days 
     after the date of the enactment of this Act and before 
     October 1, 2007, an alien described in subsection (a) may be 
     released with a notice to appear only if--

[[Page S9916]]

       (1) the Secretary determines, after conducting all 
     appropriate background and security checks on the alien, that 
     the alien does not pose a national security risk; and
       (2) the alien provides a bond of not less than $5,000.
       (c) Rules of Construction.--
       (1) Asylum and removal.--Nothing in this section shall be 
     construed as limiting the right of an alien to apply for 
     asylum or for relief or deferral of removal based on a fear 
     of persecution.
       (2) Treatment of certain aliens.--The mandatory detention 
     requirement in subsection (a) does not apply to any alien who 
     is a native or citizen of a country in the Western Hemisphere 
     with whose government the United States does not have full 
     diplomatic relations.
       (3) Discretion.--Nothing in this section shall be construed 
     as limiting the authority of the Secretary, in the 
     Secretary's sole unreviewable discretion, to determine 
     whether an alien described in clause (ii) of section 
     235(b)(1)(B) of the Immigration and Nationality Act shall be 
     detained or released after a finding of a credible fear of 
     persecution (as defined in clause (v) of such section).

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

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

     ``Sec. 555. Evasion of inspection or during violation of 
       arrival, reporting, entry, or clearance requirements

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

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

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

     SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE 
                   SOUTHERN LAND BORDER OF THE UNITED STATES.

       (a) Authority To Provide Assistance.--(1) With the approval 
     of the Secretary of Defense, the Governor of a State may 
     order any units or personnel of the National Guard of such 
     State to perform annual training duty under section 502(a) of 
     title 32, United States Code, to carry out in any State along 
     the southern land border of the United States the activities 
     authorized in subsection (b), for the purpose of securing 
     such border. Such duty shall not exceed 21 days in any year.
       (2) With the approval of the Secretary of Defense, the 
     Governor of a State may order any units or personnel of the 
     National Guard of such State to perform duty under section 
     502(f) of title 32, United States Code, to provide command, 
     control, and continuity of support for units or personnel 
     performing annual training duty under paragraph (1).
       (b) Authorized Activities.--The activities authorized by 
     this subsection are any of the following:
       (1) Ground reconnaissance activities;
       (2) Airborne reconnaissance activities;
       (3) Logistical support;
       (4) Provision of translation services and training;
       (5) Administrative support services;
       (6) Technical training services;
       (7) Emergency medical assistance and services;
       (8) Communications services;
       (9) Rescue of aliens in peril;
       (10) Construction of roadways, patrol roads, fences, 
     barriers, and other facilities to secure the southern land 
     border of the United States; and
       (11) Ground and air transportation.
       (c) Cooperative Agreements.--Units and personnel of the 
     National Guard of a State may perform activities in another 
     State under subsection (a) only pursuant to the terms of an 
     emergency management assistance compact or other cooperative 
     arrangement entered into between Governors of such States for 
     purposes of this section, and only with the approval of the 
     Secretary of Defense.
       (d) Coordination of Assistance.--The Secretary of Homeland 
     Security shall, in consultation with the Secretary of Defense 
     and the Governors of the States concerned, coordinate the 
     performance of activities under this section by units and 
     personnel of the National Guard.
       (e) Annual Training.--Annual training duty performed by 
     members of the National Guard under subsection (a) shall be 
     appropriate for the units and individual members concerned, 
     taking into account the types of units and military 
     occupational specialties of individual members performing 
     such duty.
       (f) Definitions.--In this section:
       (1) The term ``Governor of a State'' means, in the case of 
     the District of Columbia, the Commanding General of the 
     National Guard of the District of Columbia.
       (2) The term ``State'' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, and the Virgin Islands.
       (3) The term ``State along the southern border of the 
     United States'' means each of the following:
       (A) The State of Arizona.
       (B) The State of California.
       (C) The State of New Mexico.
       (D) The State of Texas.
       (g) Duration of Authority.--The authority of this section 
     shall expire on January 1, 2009.
       (h) Prohibition on Direct Participation in Law 
     Enforcement.--Activities carried out under the authority of 
     this section shall not include the direct participation of a 
     member of the National Guard in a search, seizure, arrest, or 
     similar activity.

     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 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).

[[Page S9917]]

       (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
       (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, to the 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

[[Page S9918]]

     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 section 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.

                Subtitle D--Border Tunnel Prevention Act

     SEC. 141. SHORT TITLE.

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

     SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

       (a) In General.--Chapter 27 of title 18, United States 
     Code, as amended by section 132, is further amended by adding 
     at the end the following:

     ``Sec. 556. Border tunnels and passages

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

``Sec. 556. Border tunnels and passages''.

       (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, 
     United States Code, is amended by inserting ``556,'' before 
     ``1425,''.

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

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this section, the United States Sentencing Commission shall 
     promulgate or amend sentencing guidelines to provide for 
     increased penalties for persons convicted of offenses 
     described in section 556 of title 18, United States Code, as 
     added by section 142.
       (b) Requirements.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) ensure that the sentencing guidelines, policy 
     statements, and official commentary reflect the serious 
     nature of the offenses described in section 556 of title 18, 
     United States Code, and the need for aggressive and 
     appropriate law enforcement action to prevent such offenses;
       (2) provide adequate base offense levels for offenses under 
     such section;
       (3) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including--
       (A) the use of a tunnel or passage described in subsection 
     (a) of such section to facilitate other felonies; and
       (B) the circumstances for which the sentencing guidelines 
     currently provide applicable sentencing enhancements;
       (4) ensure reasonable consistency with other relevant 
     directives, other sentencing guidelines, and statutes;
       (5) make any necessary and conforming changes to the 
     sentencing guidelines and policy statements; and
       (6) ensure that the sentencing guidelines adequately meet 
     the purposes of sentencing set forth in section 3553(a)(2) of 
     title 18, United States Code.

             Subtitle E--Border Law Enforcement Relief Act

     SEC. 151. SHORT TITLE.

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

     SEC. 152. FINDINGS.

       Congress finds the following:
       (1) It is the obligation of the Federal Government of the 
     United States to adequately

[[Page S9919]]

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

     SEC. 153. BORDER RELIEF GRANT PROGRAM.

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

     SEC. 154. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

       Nothing in this subtitle shall be construed to authorize 
     State or local law enforcement agencies or their officers to 
     exercise Federal immigration law enforcement authority.

                  Subtitle F--Rapid Response Measures

     SEC. 161. DEPLOYMENT OF BORDER PATROL AGENTS.

       (a) Emergency Deployment of Border Patrol Agents.--
       (1) In general.--If the Governor of a State on an 
     international border of the United States declares an 
     international border security emergency and requests 
     additional United States Border Patrol agents (referred to in 
     this subtitle as ``agents'') from the Secretary, the 
     Secretary, subject to paragraphs (1) and (2), may provide the 
     State with not more than 1,000 additional agents for the 
     purpose of patrolling and defending the international border, 
     in order to prevent individuals from crossing the 
     international border into the United States at any location 
     other than an authorized port of entry.
       (2) Consultation.--Upon receiving a request for agents 
     under paragraph (1), the Secretary, after consultation with 
     the President, shall grant such request to the extent that 
     providing such agents will not significantly impair the 
     Department's ability to provide border security for any other 
     State.
       (3) Collective bargaining.--Emergency deployments under 
     this subsection shall be made in accordance with all 
     applicable collective bargaining agreements and obligations.
       (b) Elimination of Fixed Deployment of Border Patrol 
     Agents.--The Secretary shall ensure that agents are not 
     precluded from performing patrol duties and apprehending 
     violators of law, except in unusual circumstances if the 
     temporary use of fixed deployment positions is necessary.
       (c) Increase in Full-Time Border Patrol Agents.--Section 
     5202(a)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (118 Stat. 3734), as amended by 
     section 101(b)(2), is further amended by striking ``2,000'' 
     and inserting ``3,000''.

     SEC. 162. BORDER PATROL MAJOR ASSETS.

       (a) Control of Border Patrol Assets.--The United States 
     Border Patrol shall have complete and exclusive 
     administrative and operational control over all the assets 
     utilized in carrying out its mission, including, aircraft, 
     watercraft, vehicles, detention space, transportation, and 
     all of the personnel associated with such assets.
       (b) Helicopters and Power Boats.--
       (1) Helicopters.--The Secretary shall increase, by not less 
     than 100, the number of helicopters under the control of the 
     United States Border Patrol. The Secretary shall ensure that 
     appropriate types of helicopters are procured for the various 
     missions being performed.
       (2) Power boats.--The Secretary shall increase, by not less 
     than 250, the number of power boats under the control of the 
     United States Border Patrol. The Secretary shall ensure that 
     the types of power boats that are procured are appropriate 
     for both the waterways in which they are used and the mission 
     requirements.
       (3) Use and training.--The Secretary shall--
       (A) establish an overall policy on how the helicopters and 
     power boats procured under this subsection will be used; and
       (B) implement training programs for the agents who use such 
     assets, including safe operating procedures and rescue 
     operations.
       (c) Motor Vehicles.--
       (1) Quantity.--The Secretary shall establish a fleet of 
     motor vehicles appropriate for use by the United States 
     Border Patrol that will permit a ratio of not less than 1 
     police-type vehicle for every 3 agents. These police-type 
     vehicles shall be replaced not less than every 3 years. The 
     Secretary shall ensure that there are sufficient numbers and 
     types of other motor vehicles to support the mission of the 
     United States Border Patrol.

[[Page S9920]]

       (2) Features.--All motor vehicles purchased for the United 
     States Border Patrol shall--
       (A) be appropriate for the mission of the United States 
     Border Patrol; and
       (B) have a panic button and a global positioning system 
     device that is activated solely in emergency situations to 
     track the location of agents in distress.

     SEC. 163. ELECTRONIC EQUIPMENT.

       (a) Portable Computers.--The Secretary shall ensure that 
     each police-type motor vehicle in the fleet of the United 
     States Border Patrol is equipped with a portable computer 
     with access to all necessary law enforcement databases and 
     otherwise suited to the unique operational requirements of 
     the United States Border Patrol.
       (b) Radio Communications.--The Secretary shall augment the 
     existing radio communications system so that all law 
     enforcement personnel working in each area where United 
     States Border Patrol operations are conducted have clear and 
     encrypted 2-way radio communication capabilities at all 
     times. Each portable communications device shall be equipped 
     with a panic button and a global positioning system device 
     that is activated solely in emergency situations to track the 
     location of agents in distress.
       (c) Hand-Held Global Positioning System Devices.--The 
     Secretary shall ensure that each United States Border Patrol 
     agent is issued a state-of-the-art hand-held global 
     positioning system device for navigational purposes.
       (d) Night Vision Equipment.--The Secretary shall ensure 
     that sufficient quantities of state-of-the-art night vision 
     equipment are procured and maintained to enable each United 
     States Border Patrol agent working during the hours of 
     darkness to be equipped with a portable night vision device.

     SEC. 164. PERSONAL EQUIPMENT.

       (a) Body Armor.--The Secretary shall ensure that every 
     agent is issued high-quality body armor that is appropriate 
     for the climate and risks faced by the agent. Each agent 
     shall be permitted to select from among a variety of approved 
     brands and styles. Agents shall be strongly encouraged, but 
     not required, to wear such body armor whenever practicable. 
     All body armor shall be replaced not less than every 5 years.
       (b) Weapons.--The Secretary shall ensure that agents are 
     equipped with weapons that are reliable and effective to 
     protect themselves, their fellow agents, and innocent third 
     parties from the threats posed by armed criminals. The 
     Secretary shall ensure that the policies of the Department 
     authorize all agents to carry weapons that are suited to the 
     potential threats that they face.
       (c) Uniforms.--The Secretary shall ensure that all agents 
     are provided with all necessary uniform items, including 
     outerwear suited to the climate, footwear, belts, holsters, 
     and personal protective equipment, at no cost to such agents. 
     Such items shall be replaced at no cost to such agents as 
     they become worn, unserviceable, or no longer fit properly.

     SEC. 165. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     such sums as may be necessary for each of the fiscal years 
     2007 through 2011 to carry out this subtitle.

                     TITLE II--INTERIOR ENFORCEMENT

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

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

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

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

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

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

[[Page S9921]]

       ``(B) Alien described.--An alien is described in this 
     subparagraph if the alien--
       ``(i) has effected an entry into the United States;
       ``(ii) has made all reasonable efforts to comply with the 
     alien's removal order;
       ``(iii) has cooperated fully with the Secretary's efforts 
     to establish the alien's identity and to carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary for the alien's 
     departure; and
       ``(iv) has not conspired or acted to prevent removal.
       ``(C) Evidence.--In making a determination under 
     subparagraph (A), the Secretary--
       ``(i) shall consider any evidence submitted by the alien;
       ``(ii) may consider any other evidence, including--

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

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

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

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

       ``(V) that--

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

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

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

     SEC. 203. AGGRAVATED FELONY.

       (a) Definition of Aggravated Felony.--Section 101(a)(43) (8 
     U.S.C. 1101(a)(43)) is amended--
       (1) by striking ``The term `aggravated felony' means--'' 
     and inserting ``Notwithstanding any other provision of law 
     (except for the provision providing an effective date for 
     section 203 of the Comprehensive Immigration Reform Act of 
     2006), the term `aggravated felony' applies to an offense 
     described in this paragraph, whether in violation of Federal 
     or State law and to such an offense in violation of the law 
     of a foreign country,

[[Page S9922]]

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

     SEC. 204. TERRORIST BARS.

       (a) Definition of Good Moral Character.--Section 101(f) (8 
     U.S.C. 1101(f)) is amended--
       (1) by inserting after paragraph (1) the following:
       ``(2) an alien described in section 212(a)(3) or 237(a)(4), 
     as determined by the Secretary of Homeland Security or 
     Attorney General based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information;'';
       (2) in paragraph (8), by striking ``(as defined in 
     subsection (a)(43))'' and inserting the following: ``, 
     regardless of whether the crime was defined as an aggravated 
     felony under subsection (a)(43) at the time of the 
     conviction, unless--
       ``(A) the person completed the term of imprisonment and 
     sentence not later than 10 years before the date of 
     application; and
       ``(B) the Secretary of Homeland Security or the Attorney 
     General waives the application of this paragraph; or''; and
       (3) in the undesignated matter following paragraph (9), by 
     striking ``a finding that for other reasons such person is or 
     was not of good moral character'' and inserting the 
     following: ``a discretionary finding for other reasons that 
     such a person is or was not of good moral character. In 
     determining an applicant's moral character, the Secretary of 
     Homeland Security and the Attorney General may take into 
     consideration the applicant's conduct and acts at any time 
     and are not limited to the period during which good moral 
     character is required.''.
       (b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) 
     is amended by adding at the end the following: ``A petition 
     may not be approved under this section if there is any 
     administrative or judicial proceeding (whether civil or 
     criminal) pending against the petitioner that could directly 
     or indirectly result in the petitioner's denaturalization or 
     the loss of the petitioner's lawful permanent resident 
     status.''.
       (c) Conditional Permanent Resident Status.--
       (1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is 
     amended by inserting ``if the alien has had the conditional 
     basis removed pursuant to this section'' before the period at 
     the end.
       (2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C. 
     1186b(e)) is amended by inserting ``if the alien has had the 
     conditional basis removed pursuant to this section'' before 
     the period at the end.
       (d) Judicial Review of Naturalization Applications.--
     Section 310(c) (8 U.S.C. 1421(c)) is amended--
       (1) by inserting ``, not later than 120 days after the 
     Secretary of Homeland Security's final determination,'' after 
     ``may''; and
       (2) by adding at the end the following: ``Except that in 
     any proceeding, other than a proceeding under section 340, 
     the court shall review for substantial evidence the 
     administrative record and findings of the Secretary of 
     Homeland Security regarding whether an alien is a person of 
     good moral character, understands and is attached to the 
     principles of the Constitution of the United States, or is 
     well disposed to the good order and happiness of the United 
     States. The petitioner shall have the burden of showing that 
     the Secretary's denial of the application was contrary to 
     law.''.
       (e) Persons Endangering National Security.--Section 316 (8 
     U.S.C. 1427) is amended by adding at the end the following:
       ``(g) Persons Endangering the National Security.--A person 
     may not be naturalized if the Secretary of Homeland Security 
     determines, based upon any relevant information or evidence, 
     including classified, sensitive, or national security 
     information, that the person was once an alien described in 
     section 212(a)(3) or 237(a)(4).''.
       (f) Concurrent Naturalization and Removal Proceedings.--
     Section 318 (8 U.S.C. 1429) is amended by striking ``the 
     Attorney General if'' and all that follows and inserting: 
     ``the Secretary of Homeland Security or any court if there is 
     pending against the applicant any removal proceeding or other 
     proceeding to determine the applicant's inadmissibility or 
     deportability, or to determine whether the applicant's lawful 
     permanent resident status should be rescinded, regardless of 
     when such proceeding was commenced. The findings of the 
     Attorney General in terminating removal proceedings or 
     canceling the removal of an alien under this Act shall not be 
     deemed binding in any way upon the Secretary of Homeland 
     Security with respect to the question of whether such person 
     has established eligibility for naturalization in accordance 
     with this title.''.
       (g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 
     1447(b)) is amended to read as follows:
       ``(b) Request for Hearing Before District Court.--If there 
     is a failure to render a final administrative decision under 
     section 335 before the end of the 180-day period beginning on 
     the date on which the Secretary of Homeland Security 
     completes all examinations and interviews required under such 
     section, the applicant may apply to the district court for 
     the district in which the applicant resides for a hearing on 
     the matter. The Secretary shall notify the applicant when 
     such examinations and interviews have been completed. Such 
     district court shall only have jurisdiction to review the 
     basis for delay and remand the matter, with appropriate 
     instructions, to the Secretary for the Secretary's 
     determination on the application.''.
       (h) Effective Date.--The amendments made by this section--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) shall apply to any act that occurred on or after such 
     date of enactment.

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

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

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

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

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

       ``(iii) the alien is, or at any time after admission has 
     been, a member of a criminal

[[Page S9923]]

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

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

       ``(a) Criminal Offenses and Penalties.--
       ``(1) Prohibited activities.--Except as provided in 
     paragraph (3), a person shall be punished as provided under 
     paragraph (2), if the person--
       ``(A) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to come to, enter, or cross the border to the United States;
       ``(B) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, at a place other than a designated port 
     of entry or place other than as designated by the Secretary 
     of Homeland Security, knowing or in reckless disregard of the 
     fact that such person is an alien and regardless of whether 
     such alien has official permission or lawful authority to be 
     in the United States;
       ``(C) transports, moves, harbors, conceals, or shields from 
     detection a person outside of the United States knowing or in 
     reckless disregard of the fact that such person is an alien 
     in unlawful transit from 1 country to another or on the high 
     seas, under circumstances in which the alien is seeking to 
     enter the United States without official permission or legal 
     authority;
       ``(D) encourages or induces a person to reside in the 
     United States, knowing or in reckless disregard of the fact 
     that such person is an alien who lacks lawful authority to 
     reside in the United States;
       ``(E) transports or moves a person in the United States, 
     knowing or in reckless disregard of the fact that such person 
     is an alien who lacks lawful authority to enter or be in the 
     United States, if the transportation or movement will further 
     the alien's illegal entry into or illegal presence in the 
     United States;
       ``(F) harbors, conceals, or shields from detection a person 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to be in the United States; or
       ``(G) conspires or attempts to commit any of the acts 
     described in subparagraphs (A) through (F).
       ``(2) Criminal penalties.--A person who violates any 
     provision under paragraph (1)--
       ``(A) except as provided in subparagraphs (C) through (G), 
     if the offense was not committed for commercial advantage, 
     profit, or private financial gain, shall be fined under title 
     18, United States Code, imprisoned for not more than 5 years, 
     or both;
       ``(B) except as provided in subparagraphs (C) through (G), 
     if the offense was committed for commercial advantage, 
     profit, or private financial gain--
       ``(i) if the violation is the offender's first violation 
     under this subparagraph, shall be fined under such title, 
     imprisoned for not more than 20 years, or both; or
       ``(ii) if the violation is the offender's second or 
     subsequent violation of this subparagraph, shall be fined 
     under such title, imprisoned for not less than 3 years or 
     more than 20 years, or both;
       ``(C) if the offense furthered or aided the commission of 
     any other offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, shall be 
     fined under such title, imprisoned for not less than 5 years 
     or more than 20 years, or both;
       ``(D) shall be fined under such title, imprisoned not less 
     than 5 years or more than 20 years, or both, if the offense 
     created a substantial and foreseeable risk of death, a 
     substantial and foreseeable risk of serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code), 
     or inhumane conditions to another person, including--
       ``(i) transporting the person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting the person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting the person in, harboring the person 
     in, or otherwise subjecting the person to crowded or 
     dangerous conditions;
       ``(E) if the offense caused serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code) 
     to any person, shall be fined under such title, imprisoned 
     for not less than 7 years or more than 30 years, or both;
       ``(F) shall be fined under such title and imprisoned for 
     not less than 10 years or more than 30 years if the offense 
     involved an alien who the offender knew or had reason to 
     believe was--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in terrorist activity;
       ``(G) if the offense caused or resulted in the death of any 
     person, shall be punished by death or imprisoned for a term 
     of years not less than 10 years and up to life, and fined 
     under title 18, United States Code.
       ``(3) Limitation.--It is not a violation of subparagraph 
     (D), (E), or (F) of paragraph (1)--
       ``(A) for a religious denomination having a bona fide 
     nonprofit, religious organization in the United States, or 
     the agents or officers of such denomination or organization, 
     to encourage, invite, call, allow, or enable an alien who is 
     present in the United States to perform the vocation of a 
     minister or missionary for the denomination or organization 
     in the United States as a volunteer who is not compensated as 
     an employee, notwithstanding the provision of room, board, 
     travel, medical assistance, and other basic living expenses, 
     provided the minister or missionary has been a member of the 
     denomination for at least 1 year; or
       ``(B) for an individual or organization, not previously 
     convicted of a violation of this section, to provide an alien 
     who is present in the United States with humanitarian 
     assistance, including medical care, housing, counseling, 
     victim services, and food, or to transport the alien to a 
     location where such assistance can be rendered.
       ``(4) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Employment of Unauthorized Aliens.--
       ``(1) Criminal offense and penalties.--Any person who, 
     during any 12-month period, knowingly employs 10 or more 
     individuals with actual knowledge or in reckless disregard of 
     the fact that the individuals are aliens described in 
     paragraph (2), shall be fined under title 18, United States 
     Code, imprisoned for not more than 10 years, or both.
       ``(2) Definition.--An alien described in this paragraph is 
     an alien who--
       ``(A) is an unauthorized alien (as defined in section 
     274A(i));
       ``(B) is present in the United States without lawful 
     authority; and
       ``(C) has been brought into the United States in violation 
     of this subsection.
       ``(c) Seizure and Forfeiture.--
       ``(1) In general.--Any real or personal property used to 
     commit or facilitate the commission of a violation of this 
     section, the gross proceeds of such violation, and any 
     property traceable to such property or proceeds, shall be 
     subject to forfeiture.
       ``(2) Applicable procedures.--Seizures and forfeitures 
     under this subsection shall be governed by the provisions of 
     chapter 46 of title 18, United States Code, relating to civil 
     forfeitures, except that such duties as are imposed upon the 
     Secretary of the Treasury under the customs laws described in 
     section 981(d) shall be performed by such officers, agents, 
     and other persons as may be designated for that purpose by 
     the Secretary of Homeland Security.
       ``(3) Prima facie evidence in determinations of 
     violations.--In determining whether a violation of subsection 
     (a) has occurred, prima facie evidence that an alien involved 
     in the alleged violation lacks lawful authority to come to, 
     enter, reside in, remain in, or be in the United States or 
     that such alien had come to, entered, resided in, remained 
     in, or been present in the United States in violation of law 
     shall include--
       ``(A) any order, finding, or determination concerning the 
     alien's status or lack of status made by a Federal judge or 
     administrative adjudicator (including an immigration judge or 
     immigration officer) during any judicial or administrative 
     proceeding authorized under Federal immigration law;
       ``(B) official records of the Department of Homeland 
     Security, the Department of Justice, or the Department of 
     State concerning the alien's status or lack of status; and

[[Page S9924]]

       ``(C) testimony by an immigration officer having personal 
     knowledge of the facts concerning the alien's status or lack 
     of status.
       ``(d) Authority To Arrest.--No officer or person shall have 
     authority to make any arrests for a violation of any 
     provision of this section except--
       ``(1) officers and employees designated by the Secretary of 
     Homeland Security, either individually or as a member of a 
     class; and
       ``(2) other officers responsible for the enforcement of 
     Federal criminal laws.
       ``(e) Admissibility of Videotaped Witness Testimony.--
     Notwithstanding any provision of the Federal Rules of 
     Evidence, the videotaped or otherwise audiovisually preserved 
     deposition of a witness to a violation of subsection (a) who 
     has been deported or otherwise expelled from the United 
     States, or is otherwise unavailable to testify, may be 
     admitted into evidence in an action brought for that 
     violation if--
       ``(1) the witness was available for cross examination at 
     the deposition by the party, if any, opposing admission of 
     the testimony; and
       ``(2) the deposition otherwise complies with the Federal 
     Rules of Evidence.
       ``(f) Outreach Program.--
       ``(1) In general.--The Secretary of Homeland Security, in 
     consultation with the Attorney General and the Secretary of 
     State, as appropriate, shall--
       ``(A) develop and implement an outreach program to educate 
     people in and out of the United States about the penalties 
     for bringing in and harboring aliens in violation of this 
     section; and
       ``(B) establish the American Local and Interior Enforcement 
     Needs (ALIEN) Task Force to identify and respond to the use 
     of Federal, State, and local transportation infrastructure to 
     further the trafficking of unlawful aliens within the United 
     States.
       ``(2) Field offices.--The Secretary of Homeland Security, 
     after consulting with State and local government officials, 
     shall establish such field offices as may be necessary to 
     carry out this subsection.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated such sums are necessary for the 
     fiscal years 2007 through 2011 to carry out this subsection.
       ``(g) Definitions.--In this section:
       ``(1) Crossed the border into the united states.--An alien 
     is deemed to have crossed the border into the United States 
     regardless of whether the alien is free from official 
     restraint.
       ``(2) Lawful authority.--The term `lawful authority' means 
     permission, authorization, or license that is expressly 
     provided for in the immigration laws of the United States or 
     accompanying regulations. The term does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law or authority sought, but not approved. No alien shall 
     be deemed to have lawful authority to come to, enter, reside 
     in, remain in, or be in the United States if such coming to, 
     entry, residence, remaining, or presence was, is, or would be 
     in violation of law.
       ``(3) Proceeds.--The term `proceeds' includes any property 
     or interest in property obtained or retained as a consequence 
     of an act or omission in violation of this section.
       ``(4) Unlawful transit.--The term `unlawful transit' means 
     travel, movement, or temporary presence that violates the 
     laws of any country in which the alien is present or any 
     country from which the alien is traveling or moving.''.
       (2) Clerical amendment.--The table of contents is amended 
     by striking the item relating to section 274 and inserting 
     the following:

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

     SEC. 206. ILLEGAL ENTRY.

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

     ``SEC. 275. ILLEGAL ENTRY.

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

``Sec. 275. Illegal entry''.

     SEC. 207. ILLEGAL REENTRY.

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

     ``SEC. 276. REENTRY OF REMOVED ALIEN.

       ``(a) Reentry After Removal.--Any alien who has been denied 
     admission, excluded, deported, or removed, or who has 
     departed the United States while an order of exclusion, 
     deportation, or removal is outstanding, and subsequently 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found in the United 
     States, shall be fined under title 18, United States Code, 
     imprisoned not more than 2 years, or both.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection--
       ``(1) was convicted for 3 or more misdemeanors or a felony 
     before such removal or departure, the alien shall be fined 
     under title 18, United States Code, imprisoned not more than 
     10 years, or both;
       ``(2) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 30 months, the alien shall be 
     fined under such title, imprisoned not more than 15 years, or 
     both;
       ``(3) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 60 months, the alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both;
       ``(4) was convicted for 3 felonies before such removal or 
     departure, the alien shall be fined under such title, 
     imprisoned not more than 20 years, or both; or
       ``(5) was convicted, before such removal or departure, for 
     murder, rape, kidnaping, or a felony offense described in 
     chapter 77 (relating to peonage and slavery) or 113B 
     (relating to terrorism) of such title, the alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed 3 or 
     more times and thereafter enters, attempts to enter, crosses 
     the border to, attempts to cross the border to, or is at any 
     time found in the United States, shall be fined under

[[Page S9925]]

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

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

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

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

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

     ``Sec. 1541. Trafficking in passports

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

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

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

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

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

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

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

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

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

     ``Sec. 1544. Misuse of a passport

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

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

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

     ``Sec. 1545. Schemes to defraud aliens

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

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

     ``Sec. 1546. Immigration and visa fraud

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

[[Page S9926]]

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

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

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

     ``Sec. 1547. Marriage fraud

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

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

     ``Sec. 1548. Attempts and conspiracies

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

     ``Sec. 1549. Alternative penalties for certain offenses

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

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

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

     ``Sec. 1550. Seizure and forfeiture

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

     ``Sec. 1551. Additional jurisdiction

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

     ``Sec. 1552. Additional venue

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

     ``Sec. 1553. Definitions

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

[[Page S9927]]

     foreign government, or an international organization; or any 
     instrument purporting to be the same.
       ``(9) The term `produce' means to make, prepare, assemble, 
     issue, print, authenticate, or alter.
       ``(10) The term `State' means a State of the United States, 
     the District of Columbia, or any commonwealth, territory, or 
     possession of the United States.

     ``Sec. 1554. Authorized law enforcement activities

       ``Nothing in this chapter shall prohibit any lawfully 
     authorized investigative, protective, or intelligence 
     activity of a law enforcement agency of the United States, a 
     State, or a political subdivision of a State, or an 
     intelligence agency of the United States, or any activity 
     authorized under title V of the Organized Crime Control Act 
     of 1970 (84 Stat. 933).

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

       ``(a) In General.--If a person believed to have violated 
     section 1542, 1544, 1546, or 1548 while attempting to enter 
     the United States, without delay, indicates an intention to 
     apply for asylum under section 208 or 241(b)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1158 and 1231), or 
     for relief under the Convention Against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment (in 
     accordance with section 208.17 of title 8, Code of Federal 
     Regulations), or under section 101(a)(15)(T), 101(a)(15)(U), 
     101(a)(27)(J), 101(a)(51), 216(c)(4)(C), 240A(b)(2), or 
     244(a)(3) (as in effect prior to March 31, 1997) of such Act, 
     or a credible fear of persecution or torture--
       ``(1) the person shall be referred to an appropriate 
     Federal immigration official to review such claim and make a 
     determination if such claim is warranted;
       ``(2) if the Federal immigration official determines that 
     the person qualifies for the claimed relief, the person shall 
     not be considered to have violated any such section; and
       ``(3) if the Federal immigration official determines that 
     the person does not qualify for the claimed relief, the 
     person shall be referred to an appropriate Federal official 
     for prosecution under this chapter.
       ``(b) Savings Provision.--Nothing in this section shall be 
     construed to diminish, increase, or alter the obligations of 
     refugees or the United States under article 31(1) of the 
     Convention Relating to the Status of Refugees, done at Geneva 
     July 28, 1951 (as made applicable by the Protocol Relating to 
     the Status of Refugees, done at New York January 31, 1967 (19 
     UST 6223)).''.
       (2) Clerical amendment.--The table of chapters in title 18, 
     United States Code, is amended by striking the item relating 
     to chapter 75 and inserting the following:
``75. Passport, visa, and immigration fraud.....................1541''.

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

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

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

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

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

     SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

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

     SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

       (a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
       (1) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Instead of removal proceedings.--If an alien is not 
     described in paragraph (2)(A)(iii) or (4) of section 237(a), 
     the Secretary of Homeland Security may permit the alien to 
     voluntarily depart the United States at the alien's own 
     expense under this subsection instead of being subject to 
     proceedings under section 240.'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraph (2) as paragraph (3);
       (D) by adding after paragraph (1) the following:
       ``(2) Before the conclusion of removal proceedings.--If an 
     alien is not described in paragraph (2)(A)(iii) or (4) of 
     section 237(a), the Attorney General may permit the alien to 
     voluntarily depart the United States at the alien's own 
     expense under this subsection after the initiation of removal 
     proceedings under section 240 and before the conclusion of 
     such proceedings before an immigration judge.'';
       (E) in paragraph (3), as redesignated--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) Instead of removal.--Subject to subparagraph (C), 
     permission to voluntarily depart under paragraph (1) shall 
     not be valid for any period in excess of 120 days. The 
     Secretary may require an alien permitted to voluntarily 
     depart under paragraph (1) to post a voluntary departure 
     bond, to be surrendered upon proof that the alien has 
     departed the United States within the time specified.'';
       (ii) by redesignating subparagraphs (B), (C), and (D) as 
     paragraphs (C), (D), and (E), respectively;
       (iii) by adding after subparagraph (A) the following:
       ``(B) Before the conclusion of removal proceedings.--
     Permission to voluntarily depart under paragraph (2) shall 
     not be valid for any period in excess of 60 days, and may be 
     granted only after a finding that the alien has the means to 
     depart the United States and intends to do so. An alien 
     permitted to voluntarily depart under paragraph (2) shall 
     post a voluntary departure bond, in an amount necessary to 
     ensure that the alien will depart, to be surrendered upon 
     proof that the alien has departed the United States within 
     the time specified. An immigration judge may waive the 
     requirement to post a voluntary departure bond in individual 
     cases upon a finding that the alien has presented compelling 
     evidence that the posting of a bond will pose a serious 
     financial hardship and the alien has presented credible 
     evidence that such a bond is unnecessary to guarantee timely 
     departure.'';
       (iv) in subparagraph (C), as redesignated, by striking 
     ``subparagraphs (C) and(D)(ii)'' and inserting 
     ``subparagraphs (D) and (E)(ii)'';
       (v) in subparagraph (D), as redesignated, by striking 
     ``subparagraph (B)'' each place that term appears and 
     inserting ``subparagraph (C)''; and
       (vi) in subparagraph (E), as redesignated, by striking 
     ``subparagraph (B)'' each place that term appears and 
     inserting ``subparagraph (C)''; and
       (F) in paragraph (4), by striking ``paragraph (1)'' and 
     inserting ``paragraphs (1) and (2)'';
       (2) in subsection (b)(2), by striking ``a period exceeding 
     60 days'' and inserting ``any period in excess of 45 days'';
       (3) by amending subsection (c) to read as follows:
       ``(c) Conditions on Voluntary Departure.--
       ``(1) Voluntary departure agreement.--Voluntary departure 
     may only be granted as part of an affirmative agreement by 
     the alien. A voluntary departure agreement under subsection 
     (b) shall include a waiver of

[[Page S9928]]

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

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

       (a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C. 
     1182(a)(9)(A)) is amended--
       (1) in clause (i), by striking ``seeks admission within 5 
     years of the date of such removal (or within 20 years'' and 
     inserting ``seeks admission not later than 5 years after the 
     date of the alien's removal (or not later than 20 years after 
     the alien's removal''; and
       (2) in clause (ii), by striking ``seeks admission within 10 
     years of the date of such alien's departure or removal (or 
     within 20 years of'' and inserting ``seeks admission not 
     later than 10 years after the date of the alien's departure 
     or removal (or not later than 20 years after''.
       (b) Bar on Discretionary Relief.--Section 274D (9 U.S.C. 
     324d) is amended--
       (1) in subsection (a), by striking ``Commissioner'' and 
     inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(c) Ineligibility for Relief.--
       ``(1) In general.--Unless a timely motion to reopen is 
     granted under section 240(c)(6), an alien described in 
     subsection (a) shall be ineligible for any discretionary 
     relief from removal (including cancellation of removal and 
     adjustment of status) during the time the alien remains in 
     the United States and for a period of 10 years after the 
     alien's departure from the United States.
       ``(2) Savings provision.--Nothing in paragraph (1) shall 
     preclude a motion to reopen to seek withholding of removal 
     under section 241(b)(3) or protection against torture, if the 
     motion--
       ``(A) presents material evidence of changed country 
     conditions arising after the date of the final order of 
     removal in the country to which the alien would be removed; 
     and
       ``(B) makes a sufficient showing to the satisfaction of the 
     Attorney General that the alien is otherwise eligible for 
     such protection.''.
       (c) Effective Dates.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     with respect to aliens who are subject to a final order of 
     removal entered on or after such date.

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

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

[[Page S9929]]

     alien in a nonimmigrant classification may receive a waiver 
     from the requirements of subsection (g)(5)(B)''.

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

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

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

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

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

     SEC. 215. DIPLOMATIC SECURITY SERVICE.

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

     SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

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

     SEC. 217. CONSTRUCTION.

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

     ``SEC. 362. CONSTRUCTION.

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

``Sec. 362. Construction''.

     SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       (a) Reimbursement for Costs Associated With Processing 
     Criminal Illegal Aliens.--The Secretary shall reimburse 
     States and units of local government for costs associated 
     with processing undocumented criminal aliens through the 
     criminal justice system, including--
       (1) indigent defense;
       (2) criminal prosecution;
       (3) autopsies;
       (4) translators and interpreters; and
       (5) courts costs.
       (b) Authorization of Appropriations.--
       (1) Processing criminal illegal aliens.--There are 
     authorized to be appropriated $400,000,000 for each of the 
     fiscal years 2007 through 2012 to carry out subsection (a).
       (2) Compensation upon request.--Section 241(i)(5) (8 U.S.C. 
     1231(i)) is amended to read as follows:
       ``(5) There are authorized to be appropriated to carry this 
     subsection--
       ``(A) such sums as may be necessary for fiscal year 2007;
       ``(B) $750,000,000 for fiscal year 2008;
       ``(C) $850,000,000 for fiscal year 2009; and
       ``(D) $950,000,000 for each of the fiscal years 2010 
     through 2012.''.
       (c) Technical Amendment.--Section 501 of the Immigration 
     Reform and Control Act of 1986 (8 U.S.C. 1365) is amended by 
     striking ``Attorney General'' each place it appears and 
     inserting ``Secretary of Homeland Security''.

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

       (a) In General.--The Secretary shall provide sufficient 
     transportation and officers to take illegal aliens 
     apprehended by State and local law enforcement officers into 
     custody for processing at a detention facility operated by 
     the Department.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     fiscal years 2007 through 2011 to carry out this section.

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

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

[[Page S9930]]

     through State or local grants, relating to border security 
     expenses.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     the fiscal years 2007 through 2011 to carry out this section.

     SEC. 221. ALTERNATIVES TO DETENTION.

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

     SEC. 222. CONFORMING AMENDMENT.

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

     SEC. 223. REPORTING REQUIREMENTS.

       (a) Clarifying Address Reporting Requirements.--Section 265 
     (8 U.S.C. 1305) is amended--
       (1) in subsection (a)--
       (A) by striking ``notify the Attorney General in writing'' 
     and inserting ``submit written or electronic notification to 
     the Secretary of Homeland Security, in a manner approved by 
     the Secretary,'';
       (B) by striking ``the Attorney General may require by 
     regulation'' and inserting ``the Secretary may require''; and
       (C) by adding at the end the following: ``If the alien is 
     involved in proceedings before an immigration judge or in an 
     administrative appeal of such proceedings, the alien shall 
     submit to the Attorney General the alien's current address 
     and a telephone number, if any, at which the alien may be 
     contacted.'';
       (2) in subsection (b), by striking ``Attorney General'' 
     each place such term appears and inserting ``Secretary of 
     Homeland Security'';
       (3) in subsection (c), by striking ``given to such parent'' 
     and inserting ``given by such parent''; and
       (4) by adding at the end the following:
       ``(d) Address To Be Provided.--
       ``(1) In general.--Except as otherwise provided by the 
     Secretary under paragraph (2), an address provided by an 
     alien under this section shall be the alien's current 
     residential mailing address, and shall not be a post office 
     box or other non-residential mailing address or the address 
     of an attorney, representative, labor organization, or 
     employer.
       ``(2) Specific requirements.--The Secretary may provide 
     specific requirements with respect to--
       ``(A) designated classes of aliens and special 
     circumstances, including aliens who are employed at a remote 
     location; and
       ``(B) the reporting of address information by aliens who 
     are incarcerated in a Federal, State, or local correctional 
     facility.
       ``(3) Detention.--An alien who is being detained by the 
     Secretary under this Act is not required to report the 
     alien's current address under this section during the time 
     the alien remains in detention, but shall be required to 
     notify the Secretary of the alien's address under this 
     section at the time of the alien's release from detention.
       ``(e) Use of Most Recent Address Provided by the Alien.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary may provide for the appropriate 
     coordination and cross referencing of address information 
     provided by an alien under this section with other 
     information relating to the alien's address under other 
     Federal programs, including--
       ``(A) any information pertaining to the alien, which is 
     submitted in any application, petition, or motion filed under 
     this Act with the Secretary of Homeland Security, the 
     Secretary of State, or the Secretary of Labor;
       ``(B) any information available to the Attorney General 
     with respect to an alien in a proceeding before an 
     immigration judge or an administrative appeal or judicial 
     review of such proceeding;
       ``(C) any information collected with respect to 
     nonimmigrant foreign students or exchange program 
     participants under section 641 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1372); and
       ``(D) any information collected from State or local 
     correctional agencies pursuant to the State Criminal Alien 
     Assistance Program.
       ``(2) Reliance.--The Secretary may rely on the most recent 
     address provided by the alien under this section or section 
     264 to send to the alien any notice, form, document, or other 
     matter pertaining to Federal immigration laws, including 
     service of a notice to appear. The Attorney General and the 
     Secretary may rely on the most recent address provided by the 
     alien under section 239(a)(1)(F) to contact the alien about 
     pending removal proceedings.
       ``(3) Obligation.--The alien's provision of an address for 
     any other purpose under the Federal immigration laws does not 
     excuse the alien's obligation to submit timely notice of the 
     alien's address to the Secretary under this section (or to 
     the Attorney General under section 239(a)(1)(F) with respect 
     to an alien in a proceeding before an immigration judge or an 
     administrative appeal of such proceeding).''.
       (b) Conforming Changes With Respect to Registration 
     Requirements.--Chapter 7 of title II (8 U.S.C. 1301 et seq.) 
     is amended--
       (1) in section 262(c), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security'';
       (2) in section 263(a), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security''; and
       (3) in section 264--
       (A) in subsections (a), (b), (c), and (d), by striking 
     ``Attorney General'' each place it appears and inserting 
     ``Secretary of Homeland Security''; and
       (B) in subsection (f)--
       (i) by striking ``Attorney General is authorized'' and 
     inserting ``Secretary of Homeland Security and Attorney 
     General are authorized''; and
       (ii) by striking ``Attorney General or the Service'' and 
     inserting ``Secretary or the Attorney General''.
       (c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Failure To Provide Notice of Alien's Current 
     Address.--
       ``(1) Criminal penalties.--Any alien or any parent or legal 
     guardian in the United States of any minor alien who fails to 
     notify the Secretary of Homeland Security of the alien's 
     current address in accordance with section 265 shall be fined 
     under title 18, United States Code, imprisoned for not more 
     than 6 months, or both.
       ``(2) Effect on immigration status.--Any alien who violates 
     section 265 (regardless of whether the alien is punished 
     under paragraph (1)) and does not establish to the 
     satisfaction of the Secretary that such failure was 
     reasonably excusable or was not willful shall be taken into 
     custody in connection with removal of the alien. If the alien 
     has not been inspected or admitted, or if the alien has 
     failed on more than 1 occasion to submit notice of the 
     alien's current address as required under section 265, the 
     alien may be presumed to be a flight risk. The Secretary or 
     the Attorney General, in considering any form of relief from 
     removal which may be granted in the discretion of the 
     Secretary or the Attorney General, may take into 
     consideration the alien's failure to comply with section 265 
     as a separate negative factor. If the alien failed to comply 
     with the requirements of section 265 after becoming subject 
     to a final order of removal, deportation, or exclusion, the 
     alien's failure shall be considered as a strongly negative 
     factor with respect to any discretionary motion for reopening 
     or reconsideration filed by the alien.'';
       (2) in subsection (c), by inserting ``or a notice of 
     current address'' before ``containing statements''; and
       (3) in subsections (c) and (d), by striking ``Attorney 
     General'' each place it appears and inserting ``Secretary''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to proceedings 
     initiated on or after the date of the enactment of this Act.
       (2) Conforming and technical amendments.--The amendments 
     made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection 
     (a) are effective as if enacted on March 1, 2003.

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

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

     SEC. 225. REMOVAL OF DRUNK DRIVERS.

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

[[Page S9931]]

     SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.

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

     SEC. 227. EXPEDITED REMOVAL.

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

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

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

     SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

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

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

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

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

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

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

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

[[Page S9932]]

       (b) Authorization of Appropriations for the Detention and 
     Transportation to Federal Custody of Aliens Not Lawfully 
     Present.--There are authorized to be appropriated 
     $850,000,000 for fiscal year 2007 and each subsequent fiscal 
     year for the detention and removal of aliens not lawfully 
     present in the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et. seq.).

     SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.

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

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

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

     SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.

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

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

       (a) Construction or Acquisition of Detention Facilities.--
       (1) In general.--The Secretary shall construct or acquire, 
     in addition to existing facilities for the detention of 
     aliens, at least 20 detention facilities in the United States 
     that have the capacity to detain a combined total of not less 
     than 20,000 individuals at any time for aliens detained 
     pending removal or a decision on removal of such aliens from 
     the United States subject to available appropriations.
       (b) Construction of or Acquisition of Detention 
     Facilities.--
       (1) Requirement to construct or acquire.--The Secretary 
     shall construct or acquire additional detention facilities in 
     the United States to accommodate the detention beds required 
     by section 5204(a) of the Intelligence Reform and Terrorism 
     Protection Act of 2004, as amended by subsection (a), subject 
     to available appropriations.
       (2) Use of alternate detention facilities.--Subject to the 
     availability of appropriations, the Secretary shall fully 
     utilize all possible options to cost effectively increase 
     available detention capacities, and shall utilize detention 
     facilities that are owned and operated by the Federal 
     Government if the use of such facilities is cost effective.
       (3) Use of installations under base closure laws.--In 
     acquiring additional detention facilities under this 
     subsection, the Secretary shall consider the transfer of 
     appropriate portions of military installations approved for 
     closure or realignment under the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) for use in accordance with 
     subsection (a).
       (4) Determination of location.--The location of any 
     detention facility constructed or acquired in accordance with 
     this subsection shall be determined, with the concurrence of 
     the Secretary, by the senior officer responsible for 
     Detention and Removal Operations in the Department. The 
     detention facilities shall be located so as to enable the 
     officers and employees of the Department to increase to the 
     maximum extent practicable the annual rate and level of 
     removals of illegal aliens from the United States.
       (c) Annual Report to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, in consultation with the heads of other 
     appropriate Federal agencies, the Secretary shall submit to 
     Congress an assessment of the additional detention facilities 
     and bed space needed to detain unlawful aliens apprehended at 
     the United States ports of entry or along the international 
     land borders of the United States.
       (d) Technical and Conforming Amendment.--Section 241(g)(1) 
     (8 U.S.C. 1231(g)(1)) is amended by striking ``may expend'' 
     and inserting ``shall expend''.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

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

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

[[Page S9933]]

     each of fiscal years 2007 through 2011, such sums as may be 
     necessary to carry out this Act. Funds appropriated pursuant 
     to this subsection in any fiscal year shall remain available 
     until expended.

     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--
       (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.

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

       ``(a) Making Employment of Unauthorized Aliens Unlawful.--
       ``(1) In general.--It is unlawful for an employer--
       ``(A) to hire, or to recruit or refer for a fee, an alien 
     for employment in the United States knowing, or with reckless 
     disregard, that the alien is an unauthorized alien with 
     respect to such employment; or
       ``(B) to hire, or to recruit or refer for a fee, for 
     employment in the United States an individual unless such 
     employer meets the requirements of subsections (c) and (d).
       ``(2) Continuing employment.--It is unlawful for an 
     employer, after lawfully hiring an alien for employment, to 
     continue to employ the alien in the United States knowing 
     that the alien is (or has become) an unauthorized alien with 
     respect to such employment.
       ``(3) Use of labor through contract.--
       ``(A) In general.--An employer who uses a contract, 
     subcontract, or exchange to obtain the labor of an alien in 
     the United States knowing, or with reckless disregard--
       ``(i) that the alien is an unauthorized alien with respect 
     to performing such labor, shall be considered to have hired 
     the alien in violation of paragraph (1)(A); or
       ``(ii) that the person hiring such alien failed to comply 
     with the requirements of subsections (c) and (d) shall be 
     considered to have hired the alien in violation of paragraph 
     (1)(B).
       ``(B) Information sharing.--The person hiring the alien 
     shall provide to the employer, who obtains the labor of the 
     alien, the employer identification number assigned to such 
     person by the Commissioner of Internal Revenue. Failure to 
     provide such number shall be considered a recordkeeping 
     violation under subsection (e)(4)(B).
       ``(C) Reporting requirement.--The employer shall submit to 
     the Electronic Verification System established under 
     subsection (d), in a manner prescribed by the Secretary, the 
     employer identification number provided by the person hiring 
     the alien. Failure to submit such number shall be considered 
     a recordkeeping violation under subsection (e)(4)(B).
       ``(D) Enforcement.--The Secretary shall implement 
     procedures to utilize the information obtained under 
     subparagraphs (B) and (C) to identify employers who use a 
     contract, subcontract, or exchange to obtain the labor of an 
     alien from another person, where such person hiring such 
     alien fails to comply with the requirements of subsections 
     (c) and (d).
       ``(4) Defense.--
       ``(A) In general.--Subject to subparagraph (B), an employer 
     that establishes that the employer has complied in good faith 
     with the requirements of subsections (c) and (d) has 
     established an affirmative defense that the employer has not 
     violated paragraph (1)(A) with respect to such hiring, 
     recruiting, or referral.
       ``(B) Exception.--Until the date that an employer is 
     required to participate in the Electronic Employment 
     Verification System under subsection (d) or is participating 
     in such System on a voluntary basis, the employer may 
     establish an affirmative defense under subparagraph (A) by 
     complying with the requirements of subsection (c).
       ``(b) Order of Internal Review and Certification of 
     Compliance.--
       ``(1) Authority to require certification.--If the Secretary 
     has reasonable cause to believe that an employer has failed 
     to comply with this section, the Secretary is authorized, at 
     any time, to require that the employer certify that the 
     employer is in compliance with this section, or has 
     instituted a program to come into compliance.
       ``(2) Content of certification.--Not later than 60 days 
     after the date an employer receives a request for a 
     certification under paragraph (1) the employer shall certify 
     under penalty of perjury that--
       ``(A) the employer is in compliance with the requirements 
     of subsections (c) and (d); or
       ``(B) that the employer has instituted a program to come 
     into compliance with such requirements.
       ``(3) Extension.--The 60-day period referred to in 
     paragraph (2), may be extended by the Secretary for good 
     cause, at the request of the employer.
       ``(4) Publication.--The Secretary is authorized to publish 
     in the Federal Register standards or methods for 
     certification under paragraph (1) and for specific 
     recordkeeping practices with respect to such certification, 
     and procedures for the audit of any records related to such 
     certification.
       ``(c) Document Verification Requirements.--An employer 
     hiring, or recruiting or referring for a fee, an individual 
     for employment in the United States shall verify that the 
     individual is eligible for such employment by meeting the 
     following requirements:
       ``(1) Attestation by employer.--
       ``(A) Requirements.--
       ``(i) In general.--The employer shall attest, under penalty 
     of perjury and on a form prescribed by the Secretary, that 
     the employer has verified the identity and eligibility for 
     employment of the individual by examining a document 
     described in subparagraph (B).
       ``(ii) Signature requirements.--An attestation required by 
     clause (i) may be manifested by a handwritten or electronic 
     signature.
       ``(iii) Standards for examination.--The employer has 
     complied with the requirement of this paragraph with respect 
     to examination of documentation if a reasonable person would 
     conclude that the document examined is genuine and relates to 
     the individual whose identity and eligibility for employment 
     in the United States is being verified. If the individual 
     provides a document sufficient to meet the requirements of 
     this paragraph, nothing in this paragraph shall be construed 
     as requiring an employer to solicit any other document or as 
     requiring the individual to produce any other document.
       ``(B) Identification documents.--A document described in 
     this subparagraph is--
       ``(i) in the case of an individual who is a national of the 
     United States--

       ``(I) a United States passport; or
       ``(II) a driver's license or identity card issued by a 
     State, the Commonwealth of the Northern Mariana Islands, or 
     an outlying possession of the United States that satisfies 
     the requirements of division B of Public Law 109-13 (119 
     Stat. 302);

       ``(ii) in the case of an alien lawfully admitted for 
     permanent residence in the United States, a permanent 
     resident card, as specified by the Secretary;
       ``(iii) in the case of an alien who is authorized under 
     this Act or by the Secretary to be employed in the United 
     States, an employment authorization card, as specified by the 
     Secretary that--

       ``(I) contains a photograph of the individual or other 
     identifying information, including name, date of birth, 
     gender, and address; and
       ``(II) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use;

       ``(iv) in the case of an individual who is unable to obtain 
     a document described in clause (i), (ii), or (iii), a 
     document designated by the Secretary that--

       ``(I) contains a photograph of the individual or other 
     identifying information, including name, date of birth, 
     gender, and address; and
       ``(II) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use; 
     or

       ``(v) until the date that an employer is required to 
     participate in the Electronic Employment Verification System 
     under subsection (d) or is participating in such System on a 
     voluntary basis, a document, or a combination of documents, 
     of such type that, as of the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006, the Secretary 
     had established by regulation were sufficient for purposes of 
     this section.
       ``(C) Authority to prohibit use of certain documents.--
       ``(i) Authority.--If the Secretary finds that a document or 
     class of documents described in subparagraph (B) is not 
     reliable to establish identity or is being used fraudulently 
     to an unacceptable degree, the Secretary shall prohibit, or 
     impose conditions, on the use of such document or class of 
     documents for purposes of this subsection.
       ``(ii) Requirement for publication.--The Secretary shall 
     publish notice of any findings under clause (i) in the 
     Federal Register.
       ``(2) Attestation of employee.--
       ``(A) Requirements.--
       ``(i) In general.--The individual shall attest, under 
     penalty of perjury on the form described in paragraph 
     (1)(A)(i), that the individual is a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or an alien who is authorized under this Act or by the 
     Secretary to be hired, or to be recruited or referred for a 
     fee, in the United States.
       ``(ii) Signature for examination.--An attestation required 
     by clause (i) may be manifested by a handwritten or 
     electronic signature.
       ``(B) Penalties.--An individual who falsely represents that 
     the individual is eligible for employment in the United 
     States in an attestation required by subparagraph (A) shall, 
     for each such violation, be subject to a fine of not more 
     than $5,000, a term of imprisonment not to exceed 3 years, or 
     both.
       ``(3) Retention of attestation.--The employer shall retain 
     a paper, microfiche,

[[Page S9934]]

     microfilm, or electronic version of the attestations made 
     under paragraph (1) and (2) and make such attestations 
     available for inspection by an officer of the Department of 
     Homeland Security, any other person designated by the 
     Secretary, the Special Counsel for Immigration-Related Unfair 
     Employment Practices of the Department of Justice, or the 
     Secretary of Labor during a period beginning on the date of 
     the hiring, or recruiting or referring for a fee, of the 
     individual and ending--
       ``(A) in the case of the recruiting or referral for a fee 
     (without hiring) of an individual, 5 years after the date of 
     the recruiting or referral; or
       ``(B) in the case of the hiring of an individual the later 
     of--
       ``(i) 5 years after the date of such hiring;
       ``(ii) 1 year after the date the individual's employment is 
     terminated; or
       ``(iii) in the case of an employer or class of employers, a 
     period that is less than the applicable period described in 
     clause (i) or (ii) if the Secretary reduces such period for 
     such employer or class of employers.
       ``(4) Document retention and recordkeeping requirements.--
       ``(A) Retention of documents.--Notwithstanding any other 
     provision of law, an employer shall retain, for the 
     applicable period described in paragraph (3), the following 
     documents:
       ``(i) In general.--The employer shall copy all documents 
     presented by an individual described in paragraph (1)(B) and 
     shall retain paper, microfiche, microfilm, or electronic 
     copies of such documents. Such copies shall be designated as 
     copied documents.
       ``(ii) Other documents.--The employer shall maintain 
     records of any action taken and copies of any correspondence 
     written or received with respect to the verification of an 
     individual's identity or eligibility for employment in the 
     United States.
       ``(B) Use of retained documents.--An employer shall use 
     copies retained under clause (i) or (ii) of subparagraph (A) 
     only for the purposes of complying with the requirements of 
     this subsection, except as otherwise permitted under law.
       ``(5) Penalties.--An employer that fails to comply with the 
     recordkeeping requirements of this subsection shall be 
     subject to the penalties described in subsection (e)(4)(B).
       ``(6) No authorization of national identification cards.--
     Nothing in this section may be construed to authorize, 
     directly or indirectly, the issuance, use, or establishment 
     of a national identification card.
       ``(d) Electronic Employment Verification System.--
       ``(1) Requirement for system.--The Secretary, in 
     cooperation with the Commissioner of Social Security, shall 
     implement an Electronic Employment Verification System 
     (referred to in this subsection as the `System') to determine 
     whether--
       ``(A) the identifying information submitted by an 
     individual is consistent with the information maintained by 
     the Secretary or the Commissioner of Social Security; and
       ``(B) such individual is eligible for employment in the 
     United States.
       ``(2) Requirement for participation.--The Secretary shall 
     require all employers in the United States to participate in 
     the System, with respect to all employees hired by the 
     employer on or after the date that is 18 months after the 
     date that not less than $400,000,000 have been appropriated 
     and made available to implement this subsection.
       ``(3) Other participation in system.--Notwithstanding 
     paragraph (2), the Secretary has the authority--
       ``(A) to permit any employer that is not required to 
     participate in the System under paragraph (2) to participate 
     in the System on a voluntary basis; and
       ``(B) to require any employer or class of employers to 
     participate on a priority basis in the System with respect to 
     individuals employed as of, or hired after, the date of 
     enactment of the Comprehensive Immigration Reform Act of 
     2006--
       ``(i) if the Secretary designates such employer or class of 
     employers as a critical employer based on an assessment of 
     homeland security or national security needs; or
       ``(ii) if the Secretary has reasonable cause to believe 
     that the employer has engaged in material violations of 
     paragraph (1), (2), or (3) of subsection (a).
       ``(4) Requirement to notify.--The Secretary shall notify 
     the employer or class of employers in writing regarding the 
     requirement for participation in the System under paragraph 
     (3)(B) not less than 60 days prior to the effective date of 
     such requirement. Such notice shall include the training 
     materials described in paragraph (8)(E)(v).
       ``(5) Registration of employers.--An employer shall 
     register the employer's participation in the System in the 
     manner prescribed by the Secretary prior to the date the 
     employer is required or permitted to submit information with 
     respect to an employee under this subsection.
       ``(6) Additional guidance.--A registered employer shall be 
     permitted to utilize any technology that is consistent with 
     this section and with any regulation or guidance from the 
     Secretary to streamline the procedures to facilitate 
     compliance with--
       ``(A) the attestation requirement in subsection (c); and
       ``(B) the employment eligibility verification requirements 
     in this subsection.
       ``(7) Consequence of failure to participate.--If an 
     employer is required to participate in the System and fails 
     to comply with the requirements of the System with respect to 
     an employee--
       ``(A) such failure shall be treated as a violation of 
     subsection (a)(1)(B); and
       ``(B) a rebuttable presumption is created that the employer 
     has violated subsection (a)(1)(A), however, such presumption 
     may not apply to a prosecution under subsection (f)(1).
       ``(8) Design and operation of system.--
       ``(A) In general.--The Secretary shall, through the 
     System--
       ``(i) respond to each inquiry made by a registered employer 
     through the Internet or other electronic media, or over a 
     toll-free telephone line regarding an individual's identity 
     and eligibility for employment in the United States; and
       ``(ii) maintain a record of each such inquiry and the 
     information provided in response to such inquiry.
       ``(B) Initial inquiry.--
       ``(i) Information required.--A registered employer shall, 
     with respect to the hiring, or recruiting or referring for a 
     fee, any individual for employment in the United States, 
     obtain from the individual and record on the form described 
     in subsection (c)(1)(A)(i)--

       ``(I) the individual's name and date of birth and, if the 
     individual was born in the United States, the State in which 
     such individual was born;
       ``(II) the individual's social security account number;
       ``(III) the employment identification number of the 
     individual's employer during any one of the 5 most recently 
     completed calendar years; and
       ``(IV) in the case of an individual who does not attest 
     that the individual is a national of the United States under 
     subsection (c)(1)(A)(i), such alien identification or 
     authorization number that the Secretary shall require.

       ``(ii) Submission to system.--A registered employer shall 
     submit an inquiry through the System to seek confirmation of 
     the individual's identity and eligibility for employment in 
     the United States--

       ``(I) not later than 3 days after the date of the hiring, 
     or recruiting or referring for a fee, of the individual (as 
     the case may be); or
       ``(II) in the case of an employee hired by a critical 
     employer designated by the Secretary under paragraph (3)(B) 
     at such time as the Secretary shall specify.

       ``(iii) EIN requirements.--

       ``(I) Requirement to provide.--An employer shall provide 
     the employer identification number issued to such employer to 
     the individual, upon request, for purposes of providing the 
     information under clause (i)(III).
       ``(II) Requirement to affirmatively state a lack of recent 
     employment.--An individual providing information under clause 
     (i)(III) who was not employed in the United States during any 
     of the 5 most recently completed calendar years shall 
     affirmatively state on the form described in subsection 
     (c)(1)(A)(i) that no employer identification number is 
     provided because the individual was not employed in the 
     United States during such period.

       ``(C) Initial response.--Not later than 10 days after an 
     employer submits an inquiry to the System regarding an 
     individual, the Secretary shall provide, through the System, 
     to the employer--
       ``(i) if the System is able to confirm the individual's 
     identity and eligibility for employment in the United States, 
     a confirmation notice, including the appropriate codes on 
     such confirmation notice; or
       ``(ii) if the System is unable to confirm the individual's 
     identity or eligibility for employment in the United States, 
     and after a secondary manual verification has been conducted, 
     a tentative nonconfirmation notice, including the appropriate 
     codes on such tentative nonconfirmation notice.
       ``(D) Confirmation or nonconfirmation.--
       ``(i) Confirmation upon initial inquiry.--If an employer 
     receives a confirmation notice under paragraph (C)(i) for an 
     individual, the employer shall record, on the form described 
     in subsection (c)(1)(A)(i), the appropriate code provided in 
     such notice.
       ``(ii) Tentative nonconfirmation.--If an employer receives 
     a tentative nonconfirmation notice under paragraph (C)(ii) 
     for an individual, the employer shall inform such individual 
     of the issuance of such notice in writing, on a form 
     prescribed by the Secretary not later than 3 days after 
     receiving such notice. Such individual shall acknowledge 
     receipt of such notice in writing on the form described in 
     subsection (c)(1)(A)(i).
       ``(iii) No contest.--If the individual does not contest the 
     tentative nonconfirmation notice within 10 days of receiving 
     notice from the individual's employer, the notice shall 
     become final and the employer shall record on the form 
     described in subsection (1)(A)(i), the appropriate code 
     provided through the System to indicate the individual did 
     not contest the tentative nonconfirmation. An individual's 
     failure to contest a tentative nonconfirmation shall not be 
     considered an admission of guilt with respect to any 
     violation of this Act or any other provision of law.
       ``(iv) Contest.--If the individual contests the tentative 
     nonconfirmation notice, the individual shall submit 
     appropriate information to contest such notice under the 
     procedures established in subparagraph (E)(iii) not later 
     than 10 days after receiving the notice from the individual's 
     employer.
       ``(v) Effective period of tentative nonconfirmation 
     notice.--A tentative nonconfirmation notice shall remain in 
     effect until

[[Page S9935]]

     such notice becomes final under clause (iii), or the earlier 
     of--

       ``(I) a final confirmation notice or final nonconfirmation 
     notice is issued through the System; or
       ``(II) 30 days after the individual contests a tentative 
     nonconfirmation under clause (iv).

       ``(vi) Automatic final notice.--

       ``(I) In general.--If a final notice is not issued within 
     the 30-day period described in clause (v)(II), the Secretary 
     shall automatically provide to the employer, through the 
     System, the appropriate code indicating a final notice.
       ``(II) Period prior to initial certification.--During the 
     period beginning on the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006 and ending on 
     the date the Secretary submits the initial report described 
     in subparagraph (E)(ii), an automatic notice issued under 
     subclause (I) shall be a final confirmation notice.
       ``(III) Period after initial certification.--After the date 
     that the Secretary submits the initial report described in 
     subparagraph (E)(ii), an automatic notice issued under 
     subclause (I) shall be a final confirmation notice unless the 
     most recent such report includes a certification that the 
     System is able to correctly issue, within the period 
     beginning on the date an employer submits an inquiry to the 
     System and ending on the date an automatic default notice 
     would be issued by the System, a final notice in at least 99 
     percent of the cases in which the notice relates to an 
     individual who is eligible for employment in the United 
     States. If the most recent such report includes such a 
     certification, the automatic notice issued under subclause 
     (I) shall be a final nonconfirmation notice.
       ``(IV) Additional authority.--Notwithstanding the second 
     sentence of subclause (III), the Secretary shall have the 
     authority to issue a final confirmation notice for an 
     individual who would be subject to a final nonconfirmation 
     notice under such sentence. In such a case, the Secretary 
     shall determine the individual's eligibility for employment 
     in the United States and record the results of such 
     determination in the System within 12 months.

       ``(vii) Effective period of final notice.--A final 
     confirmation notice issued under this paragraph for an 
     individual shall remain in effect--

       ``(I) during any continuous period of employment of such 
     individual by such employer, unless the Secretary determines 
     the final confirmation was the result of identity fraud; or
       ``(II) in the case of an alien authorized to be employed in 
     the United States for a temporary period, during such period.

       ``(viii) Prohibition on termination.--An employer may not 
     terminate the employment of an individual based on a 
     tentative nonconfirmation notice until such notice becomes 
     final under clause (iii) or a final nonconfirmation notice is 
     issued for the individual by the System. Nothing in this 
     clause shall prohibit the termination of employment for any 
     reason other than such tentative nonconfirmation.
       ``(ix) Recording of contest resolution.--The employer shall 
     record on the form described in subsection (c)(1)(A)(i) the 
     appropriate code that is provided through the System to 
     indicate a final confirmation notice or final nonconfirmation 
     notice.
       ``(x) Consequences of nonconfirmation.--If the employer has 
     received a final nonconfirmation regarding an individual, the 
     employer shall terminate the employment, recruitment, or 
     referral of the individual. Such employer shall provide to 
     the Secretary any information relating to the individual that 
     the Secretary determines would assist the Secretary in 
     enforcing or administering the immigration laws. If the 
     employer continues to employ, recruit, or refer the 
     individual after receiving final nonconfirmation, a 
     rebuttable presumption is created that the employer has 
     violated subsections (a)(1)(A) and (a)(2). Such presumption 
     may not apply to a prosecution under subsection (f)(1).
       ``(E) Responsibilities of the secretary.--
       ``(i) In general.--The Secretary shall establish a 
     reliable, secure method to provide through the System, within 
     the time periods required by this subsection--

       ``(I) a determination of whether the name and alien 
     identification or authorization number provided in an inquiry 
     by an employer is consistent with such information maintained 
     by the Secretary in order to confirm the validity of the 
     information provided; and
       ``(II) a determination of whether the individual is 
     authorized to be employed in the United States.

       ``(ii) Annual report and certification.--Not later than the 
     date that is 24 months after the date that not less than 
     $400,000,000 have been appropriated and made available to the 
     Secretary to implement this subsection, and annually 
     thereafter, the Secretary shall submit to Congress a report 
     that includes--

       ``(I) an assessment of whether the System is able to 
     correctly issue, within the period described in subparagraph 
     (D)(v)(II), a final notice in at least 99 percent of the 
     cases in which the final notice relates to an individual who 
     is eligible for employment in the United States (excluding an 
     individual who fails to contest a tentative nonconfirmation 
     notice); and
       ``(II) if the assessment under subclause (I) is that the 
     System is able to correctly issue within the specified time 
     period a final notice in at least 99 percent of the cases 
     described in such subclause, a certification of such 
     assessment.

       ``(iii) Contest and self-verification.--The Secretary in 
     consultation with the Commissioner of Social Security, shall 
     establish procedures to permit an individual who contests a 
     tentative or final nonconfirmation notice, or seeks to verify 
     the individual's own employment eligibility prior to 
     obtaining or changing employment, to contact the appropriate 
     agency and, in a timely manner, correct or update the 
     information used by the System.
       ``(iv) Information to employee.--The Secretary shall 
     develop a written form for employers to provide to 
     individuals who receive a tentative or final nonconfirmation 
     notice. Such form shall be made available in a language other 
     than English, as necessary and reasonable, and shall 
     include--

       ``(I) information about the reason for such notice;
       ``(II) the right to contest such notice;
       ``(III) contact information for the appropriate agency and 
     instructions for initiating such contest; and
       ``(IV) a 24-hour toll-free telephone number to respond to 
     inquiries related to such notice.

       ``(v) Training materials.--The Secretary shall make 
     available or provide to the employer, upon request, not later 
     than 60 days prior to such employer's participation in the 
     System, appropriate training materials to facilitate 
     compliance with this subsection, and sections 274B(a)(7) and 
     274C(a).
       ``(F) Responsibilities of the commissioner of social 
     security.--The responsibilities of the Commissioner of Social 
     Security with respect to the System are set out in section 
     205(c)(2) of the Social Security Act.
       ``(9) Protection from liability.--No employer that 
     participates in the System shall be liable under any law for 
     any employment-related action taken with respect to an 
     individual in good faith reliance on information provided by 
     the System.
       ``(10) Administrative review.--
       ``(A) In general.--An individual who is terminated from 
     employment as a result of a final nonconfirmation notice may, 
     not later than 60 days after the date of such termination, 
     file an appeal of such notice.
       ``(B) Procedures.--The Secretary and Commissioner of Social 
     Security shall develop procedures to review appeals filed 
     under subparagraph (A) and to make final determinations on 
     such appeals.
       ``(C) Review for errors.--If a final determination on an 
     appeal filed under subparagraph (A) results in a confirmation 
     of an individual's eligibility to work in the United States, 
     the administrative review process shall require the Secretary 
     to determine if the final nonconfirmation notice issued for 
     the individual was the result of--
       ``(i) an error or negligence on the part of an employee or 
     official operating or responsible for the System;
       ``(ii) the decision rules, processes, or procedures 
     utilized by the System; or
       ``(iii) erroneous system information that was not the 
     result of acts or omissions of the individual.
       ``(D) Compensation for error.--
       ``(i) In general.--If the Secretary makes a determination 
     under subparagraph (C) that the final nonconfirmation notice 
     issued for an individual was not caused by an act or omission 
     of the individual, the Secretary shall compensate the 
     individual for lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 180 days 
     after completion of the administrative review process 
     described in this paragraph or the day after the individual 
     is reinstated or obtains employment elsewhere, whichever 
     occurs first.
       ``(E) Limitation on compensation.--For purposes of 
     determining an individual's compensation for the loss of 
     employment, such compensation shall not include any period in 
     which the individual was ineligible for employment in the 
     United States.
       ``(F) Source of funds.--Compensation or reimbursement 
     provided under this paragraph shall not be provided from 
     funds appropriated in annual appropriations Acts to the 
     Secretary for the Department of Homeland Security.
       ``(11) Judicial review.--
       ``(A) In general.--After the Secretary makes a final 
     determination on an appeal filed by an individual under the 
     administrative review process described in paragraph (10), 
     the individual may obtain judicial review of such 
     determination by a civil action commenced not later than 60 
     days after the date of such decision, or such further time as 
     the Secretary may allow.
       ``(B) Jurisdiction.--A civil action for such judicial 
     review shall be brought in the district court of the United 
     States for the judicial district in which the plaintiff 
     resides, or has a principal place of business, or, if the 
     plaintiff does not reside or have a principal place of 
     business within any such judicial district, in the District 
     Court of the United States for the District of Columbia.
       ``(C) Answer.--As part of the Secretary's answer to a 
     complaint for such judicial review, the Secretary shall file 
     a certified copy of the administrative record compiled during 
     the administrative review under paragraph (10), including the 
     evidence upon which the findings and decision complained of 
     are

[[Page S9936]]

     based. The court shall have power to enter, upon the 
     pleadings and transcript of the record, a judgment affirming 
     or reversing the result of that administrative review, with 
     or without remanding the cause for a rehearing.
       ``(D) Compensation for error.--
       ``(i) In general.--In cases in which such judicial review 
     reverses the final determination of the Secretary made under 
     paragraph (10), the court shall compensate the individual for 
     lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work scheduled that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 180 days 
     after completion of the judicial review described in this 
     paragraph or the day after the individual is reinstated or 
     obtains employment elsewhere, whichever occurs first.
       ``(12) Limitation on collection and use of data.--
       ``(A) Limitation on collection of data.--
       ``(i) In general.--The System shall collect and maintain 
     only the minimum data necessary to facilitate the successful 
     operation of the System, and in no case shall the data be 
     other than--

       ``(I) information necessary to register employers under 
     paragraph (5);
       ``(II) information necessary to initiate and respond to 
     inquiries or contests under paragraph (8);
       ``(III) information necessary to establish and enforce 
     compliance with paragraphs (5) and (8);
       ``(IV) information necessary to detect and prevent 
     employment related identity fraud; and
       ``(V) such other information the Secretary determines is 
     necessary, subject to a 180 day notice and comment period in 
     the Federal Register.

       ``(ii) Penalties.--Any officer, employee, or contractor who 
     willfully and knowingly collects and maintains data in the 
     System other than data described in clause (i) shall be 
     guilty of a misdemeanor and fined not more than $1,000 for 
     each violation.
       ``(B) Limitation on use of data.--Whoever willfully and 
     knowingly accesses, discloses, or uses any information 
     obtained or maintained by the System--
       ``(i) for the purpose of committing identity fraud, or 
     assisting another person in committing identity fraud, as 
     defined in section 1028 of title 18, United States Code;
       ``(ii) for the purpose of unlawfully obtaining employment 
     in the United States or unlawfully obtaining employment in 
     the United States for any other person; or
       ``(iii) for any purpose other than as provided for under 
     any provision of law;
     shall be guilty of a felony and upon conviction shall be 
     fined under title 18, United States Code, or imprisoned for 
     not more than 5 years, or both.
       ``(C) Exceptions.--Nothing in subparagraph (A) or (B) may 
     be construed to limit the collection, maintenance, or use of 
     data by the Commissioner of Internal Revenue or the 
     Commissioner of Social Security as provided by law.
       ``(13) Modification authority.--The Secretary, after notice 
     is submitted to Congress and provided to the public in the 
     Federal Register, is authorized to modify the requirements of 
     this subsection with respect to completion of forms, method 
     of storage, attestations, copying of documents, signatures, 
     methods of transmitting information, and other operational 
     and technical aspects to improve the efficiency, accuracy, 
     and security of the System.
       ``(14) Annual gao study and report.--
       ``(A) Requirement.--The Comptroller General of the United 
     States shall conduct an annual study of the System.
       ``(B) Purpose.--The study shall evaluate the accuracy, 
     efficiency, integrity, and impact of the System.
       ``(C) Report.--Not later than the date that is 24 months 
     after the date that not less than $400,000,000 have been 
     appropriated and made available to the Secretary to implement 
     this subsection, and annually thereafter, the Comptroller 
     General shall submit to Congress a report containing the 
     findings of the study carried out under this paragraph. Each 
     such report shall include, at a minimum, the following:
       ``(i) An assessment of the annual report and certification 
     described in paragraph (8)(E)(ii).
       ``(ii) An assessment of System performance with respect to 
     the rate at which individuals who are eligible for employment 
     in the United States are correctly approved within each of 
     the periods specified in paragraph (8), including a separate 
     assessment of such rate for nationals and aliens.
       ``(iii) An assessment of the privacy and security of the 
     System and its effects on identity fraud or the misuse of 
     personal data.
       ``(iv) An assessment of the effects of the System on the 
     employment of unauthorized aliens.
       ``(v) An assessment of the effects of the System, including 
     the effects of tentative confirmations, on unfair 
     immigration-related employment practices and employment 
     discrimination based on national origin or citizenship 
     status.
       ``(vi) An assessment of whether the Secretary and the 
     Commissioner of Social Security have adequate resources to 
     carry out the duties and responsibilities of this section.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     regarding potential violations of subsection (a);
       ``(B) for the investigation of such complaints that the 
     Secretary determines are appropriate to investigate; and
       ``(C) for the investigation of other violations of 
     subsection (a) that the Secretary determines is appropriate.
       ``(2) Authority in investigations.--
       ``(A) In general.--In conducting investigations and 
     hearings under this subsection, officers and employees of the 
     Department of Homeland Security--
       ``(i) shall have reasonable access to examine evidence 
     regarding any employer being investigated; and
       ``(ii) if designated by the Secretary, may compel by 
     subpoena the attendance of witnesses and the production of 
     evidence at any designated place in an investigation or case 
     under this subsection.
       ``(B) Failure to cooperate.--In case of refusal to obey a 
     subpoena lawfully issued under subparagraph (A)(ii), the 
     Secretary may request that the Attorney General apply in an 
     appropriate district court of the United States for an order 
     requiring compliance with such subpoena, and any failure to 
     obey such order may be punished by such court as contempt.
       ``(C) Department of labor.--The Secretary of Labor shall 
     have the investigative authority provided under section 11(a) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to 
     ensure compliance with the provisions of this section.
       ``(3) Compliance procedures.--
       ``(A) Prepenalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) specify the amount of fines or other penalties to 
     be imposed;
       ``(iv) disclose the material facts which establish the 
     alleged violation; and
       ``(v) inform such employer that the employer shall have a 
     reasonable opportunity to make representations as to why a 
     claim for a monetary or other penalty should not be imposed.
       ``(B) Remission or mitigation of penalties.--
       ``(i) Review by secretary.--If the Secretary determines 
     that such fine or other penalty was incurred erroneously, or 
     determines the existence of such mitigating circumstances as 
     to justify the remission or mitigation of such fine or 
     penalty, the Secretary may remit or mitigate such fine or 
     other penalty on the terms and conditions as the Secretary 
     determines are reasonable and just, or order termination of 
     any proceedings related to the notice.
       ``(ii) Applicability.--This subparagraph may not apply to 
     an employer that has or is engaged in a pattern or practice 
     of violations of paragraph (1), (2), or (3) of subsection (a) 
     or of any other requirements of this section.
       ``(C) Penalty claim.--After considering evidence and 
     representations offered by the employer, the Secretary shall 
     determine whether there was a violation and promptly issue a 
     written final determination setting forth the findings of 
     fact and conclusions of law on which the determination is 
     based and the appropriate penalty.
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of paragraph (1), 
     (2), or (3) of subsection (a) shall pay civil penalties as 
     follows:
       ``(i) Pay a civil penalty of not less than $500 and not 
     more than $4,000 for each unauthorized alien with respect to 
     each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     during the 12-month period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $4,000 and 
     not more than $10,000 for each unauthorized alien with 
     respect to each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 24-month period preceding the violation 
     under this subparagraph or has failed to comply with a 
     previously issued and final order related to any such 
     provision, pay a civil penalty of not less than $6,000 and 
     not more than $20,000 for each unauthorized alien with 
     respect to each such violation.
       ``(B) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     recordkeeping requirements of subsections (a), (c), and (d), 
     shall pay a civil penalty as follows:
       ``(i) Pay a civil penalty of not less than $200 and not 
     more than $2,000 for each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     during the 12-month period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $400 and 
     not more than $4,000 for each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 24-month period preceding the violation 
     under this subparagraph or has failed to comply with a 
     previously issued and final order related to

[[Page S9937]]

     such requirements, pay a civil penalty of not less than $600 
     and not more than $6,000 for each such violation.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary may impose additional penalties for 
     violations, including violations of cease and desist orders, 
     specially designed compliance plans to prevent further 
     violations, suspended fines to take effect in the event of a 
     further violation, and in appropriate cases, the criminal 
     penalty described in subsection (f).
       ``(5) Judicial review.--An employer adversely affected by a 
     final determination may, within 45 days after the date the 
     final determination is issued, file a petition in any 
     appropriate district court of the United States. The filing 
     of a petition as provided in this paragraph shall stay the 
     Secretary's determination until entry of judgment by the 
     court. The burden shall be on the employer to show that the 
     final determination was not supported by substantial 
     evidence. The Secretary is authorized to require that the 
     petitioner provide, prior to filing for review, security for 
     payment of fines and penalties through bond or other 
     guarantee of payment acceptable to the Secretary.
       ``(6) Enforcement of orders.--If an employer fails to 
     comply with a final determination issued against that 
     employer under this subsection, and the final determination 
     is not subject to review as provided in paragraph (5), the 
     Attorney General may file suit to enforce compliance with the 
     final determination, not earlier than 46 days and not later 
     than 180 days after the date the final determination is 
     issued, in any appropriate district court of the United 
     States. In any such suit, the validity and appropriateness of 
     the final determination shall not be subject to review.
       ``(7) Recovery of costs and attorney's fees.--In any appeal 
     brought under paragraph (5) or suit brought under paragraph 
     (6) of this section the employer shall be entitled to recover 
     from the Secretary reasonable costs and attorney's fees if 
     such employer substantially prevails on the merits of the 
     case. Such an award of attorney's fees may not exceed 
     $25,000. Any such costs and attorney's fees assessed against 
     the Secretary shall be charged against the operating expenses 
     of the Department for the fiscal year in which the assessment 
     is made, and may not be reimbursed from any other source.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 3 years for the entire 
     pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting a permanent or 
     temporary injunction, restraining order, or other order 
     against the employer, as the Secretary deems necessary.
       ``(g) Adjustment for Inflation.--All penalties and 
     limitations on the recovery of costs and attorney's fees in 
     this section shall be increased every 4 years beginning 
     January 2010 to reflect the percentage increase in the 
     consumer price index for all urban consumers (all items; U.S. 
     city average) for the 48 month period ending with September 
     of the year preceding the year such adjustment is made. Any 
     adjustment under this subparagraph shall be rounded to the 
     nearest dollar.
       ``(h) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referring for a fee, of an individual, 
     to require the individual to post a bond or security, to pay 
     or agree to pay an amount, or otherwise to provide a 
     financial guarantee or indemnity, against any potential 
     liability arising under this section relating to such hiring, 
     recruiting, or referring of the individual.
       ``(2) Civil penalty.--Any employer which is determined, 
     after notice and opportunity for mitigation of the monetary 
     penalty under subsection (e), to have violated paragraph (1) 
     of this subsection shall be subject to a civil penalty of 
     $10,000 for each violation and to an administrative order 
     requiring the return of any amounts received in violation of 
     such paragraph to the employee or, if the employee cannot be 
     located, to the Employer Compliance Fund established under 
     section 286(w).
       ``(i) Prohibition on Award of Government Contracts, Grants, 
     and Agreements.--
       ``(1) Employers with no contracts, grants, or agreements.--
       ``(A) In general.--If an employer who does not hold a 
     Federal contract, grant, or cooperative agreement is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer shall be debarred from the receipt of a Federal 
     contract, grant, or cooperative agreement for a period of 5 
     years. The Secretary or the Attorney General shall advise the 
     Administrator of General Services of such a debarment, and 
     the Administrator of General Services shall list the employer 
     on the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs for a period of 5 years.
       ``(B) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive operation of this subsection or may limit the duration 
     or scope of the debarment.
       ``(2) Employers with contracts, grants, or agreements.--
       ``(A) In general.--An employer who holds a Federal 
     contract, grant, or cooperative agreement and is determined 
     by the Secretary to be a repeat violator of this section or 
     is convicted of a crime under this section, shall be debarred 
     from the receipt of new Federal contracts, grants, or 
     cooperative agreements for a period of 5 years.
       ``(B) Notice to agencies.--Prior to debarring the employer 
     under subparagraph (A), the Secretary, in cooperation with 
     the Administrator of General Services, shall advise any 
     agency or department holding a contract, grant, or 
     cooperative agreement with the employer of the Government's 
     intention to debar the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 5 years.
       ``(C) Waiver.--After consideration of the views of any 
     agency or department that holds a contract, grant, or 
     cooperative agreement with the employer, the Secretary may, 
     in lieu of debarring the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 5 years, waive operation of this subsection, limit 
     the duration or scope of the debarment, or may refer to an 
     appropriate lead agency the decision of whether to debar the 
     employer, for what duration, and under what scope in 
     accordance with the procedures and standards prescribed by 
     the Federal Acquisition Regulation. However, any proposed 
     debarment predicated on an administrative determination of 
     liability for civil penalty by the Secretary or the Attorney 
     General shall not be reviewable in any debarment proceeding. 
     The decision of whether to debar or take alternate action 
     under this subparagraph shall not be judicially reviewed.
       ``(3) Suspension.--Indictments for violations of this 
     section or adequate evidence of actions that could form the 
     basis for debarment under this subsection shall be considered 
     a cause for suspension under the procedures and standards for 
     suspension prescribed by the Federal Acquisition Regulation.
       ``(j) Miscellaneous Provisions.--
       ``(1) Documentation.--In providing documentation or 
     endorsement of authorization of aliens eligible to be 
     employed in the United States, the Secretary shall provide 
     that any limitations with respect to the period or type of 
     employment or employer shall be conspicuously stated on the 
     documentation or endorsement (other than aliens lawfully 
     admitted for permanent residence).
       ``(2) Preemption.--The provisions of this section preempt 
     any State or local law imposing civil or criminal sanctions 
     (other than through licensing and similar laws) upon those 
     who employ, or recruit or refer for a fee for employment, 
     unauthorized aliens.
       ``(k) Deposit of Amounts Received.--Except as otherwise 
     specified, civil penalties collected under this section shall 
     be deposited by the Secretary into the Employer Compliance 
     Fund established under section 286(w).
       ``(l) Definitions.--In this section:
       ``(1) Employer.--The term `employer' means any person or 
     entity, including any entity of the Government of the United 
     States, hiring, recruiting, or referring an individual for 
     employment in the United States.
       ``(2) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(3) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary.''.
       (b) Conforming Amendments.--
       (1) Amendments.--
       (A) Repeal of basic pilot.--Sections 401, 402, 403, 404, 
     and 405 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note) are repealed.
       (B) Repeal of reporting requirements.--
       (i) Report on earnings of aliens not authorized to work.--
     Subsection (c) of section 290 (8 U.S.C. 1360) is repealed.
       (ii) Report on fraudulent use of social security account 
     numbers.--Subsection (b) of section 414 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1360 note) is 
     repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under sections 401, 
     402, 403, 404, and 405 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note) in the Electronic 
     Employment Verification System established pursuant to such 
     subsection (d).
       (c) Technical Amendments.--
       (1) Definition of unauthorized alien.--Sections 218(i)(1) 
     (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
     274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) 
     (8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' 
     and inserting ``274A''.

[[Page S9938]]

       (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
     is amended--
       (A) in subsections (a)(6) and (g)(2)(B), by striking 
     ``274A(b)'' and inserting ``274A(c) and (d)''; and
       (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' 
     and inserting ``274A(c)''.
       (d) Amendments to the Social Security Act.--Section 
     205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is 
     amended by adding at the end the following new subparagraphs:
       ``(I)(i) The Commissioner of Social Security shall, subject 
     to the provisions of section 301(f)(2) of the Comprehensive 
     Immigration Reform Act of 2006, establish a reliable, secure 
     method to provide through the Electronic Employment 
     Verification System established pursuant to subsection (d) of 
     section 274A of the Immigration and Nationality Act (referred 
     to in this subparagraph as the `System'), within the time 
     periods required by paragraph (8) of such subsection--
       ``(I) a determination of whether the name, date of birth, 
     employer identification number, and social security account 
     number of an individual provided in an inquiry made to the 
     System by an employer is consistent with such information 
     maintained by the Commissioner in order to confirm the 
     validity of the information provided;
       ``(II) a determination of the citizenship status associated 
     with such name and social security account number, according 
     to the records maintained by the Commissioner;
       ``(III) a determination of whether the name and number 
     belongs to an individual who is deceased, according to the 
     records maintained by the Commissioner;
       ``(IV) a determination of whether the name and number is 
     blocked in accordance with clause (ii); and
       ``(V) a confirmation notice or a nonconfirmation notice 
     described in such paragraph (8), in a manner that ensures 
     that other information maintained by the Commissioner is not 
     disclosed or released to employers through the System.
       ``(ii) The Commissioner of Social Security shall prevent 
     the fraudulent or other misuse of a social security account 
     number by establishing procedures under which an individual 
     who has been assigned a social security account number may 
     block the use of such number under the System and remove such 
     block.
       ``(J) In assigning social security account numbers to 
     aliens who are authorized to work in the United States under 
     section 218A of the Immigration and Nationality Act, the 
     Commissioner of Social Security shall, to the maximum extent 
     practicable, assign such numbers by employing the enumeration 
     procedure administered jointly by the Commissioner, the 
     Secretary of State, and the Secretary.''.
       (e) Disclosure of Certain Taxpayer Identity Information.--
       (1) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(21) Disclosure of certain taxpayer identity information 
     by social security administration to department of homeland 
     security.--
       ``(A) In general.--From taxpayer identity information which 
     has been disclosed to the Social Security Administration and 
     upon written request by the Secretary of Homeland Security, 
     the Commissioner of Social Security shall disclose directly 
     to officers, employees, and contractors of the Department of 
     Homeland Security the following information:
       ``(i) Disclosure of employer no-match notices.--Taxpayer 
     identity information of each person who has filed an 
     information return required by reason of section 6051 during 
     calendar year 2006, 2007, or 2008 which contains--

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

       ``(ii) Disclosure of information regarding use of duplicate 
     employee taxpayer identifying information.--Taxpayer identity 
     information of each person who has filed an information 
     return required by reason of section 6051 which the 
     Commissioner of Social Security has reason to believe, based 
     on a comparison with information submitted by the Secretary 
     of Homeland Security, contains evidence of identity fraud due 
     to the multiple use of the same taxpayer identifying number 
     (assigned under section 6109) of an employee (within the 
     meaning of section 6051).
       ``(iii) Disclosure of information regarding 
     nonparticipating employers.--Taxpayer identity information of 
     each person who has filed an information return required by 
     reason of section 6051 which the Commissioner of Social 
     Security has reason to believe, based on a comparison with 
     information submitted by the Secretary of Homeland Security, 
     contains evidence of such person's failure to register and 
     participate in the Electronic Employment Verification System 
     authorized under section 274A(d) of the Immigration and 
     Nationality Act (hereafter in this paragraph referred to as 
     the `System').
       ``(iv) Disclosure of information regarding new employees of 
     nonparticipating employers.--Taxpayer identity information of 
     all employees (within the meaning of section 6051) hired 
     after the date a person identified in clause (iii) is 
     required to participate in the System under section 
     274A(d)(2) or section 274A(d)(3)(B) of the Immigration and 
     Nationality Act.
       ``(v) Disclosure of information regarding employees of 
     certain designated employers.--Taxpayer identity information 
     of all employees (within the meaning of section 6051) of each 
     person who is required to participate in the System under 
     section 274A(d)(3)(B) of the Immigration and Nationality Act.
       ``(vi) Disclosure of new hire taxpayer identity 
     information.--Taxpayer identity information of each person 
     participating in the System and taxpayer identity information 
     of all employees (within the meaning of section 6051) of such 
     person hired during the period beginning with the later of--

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

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

[[Page S9939]]

       (1) In general.--The amendments made by subsections (a), 
     (b), (c), and (d) shall take effect on the date that is 180 
     days after the date of the enactment of this Act.
       (2) Subsection (e).--
       (A) In general.--The amendments made by subsection (e) 
     shall apply to disclosures made after the date of the 
     enactment of this Act.
       (B) Certifications.--The first certification under section 
     6103(p)(9)(D) of the Internal Revenue Code of 1986, as added 
     by subsection (e)(2), shall be made with respect to calendar 
     year 2007.

     SEC. 302. EMPLOYER COMPLIANCE FUND.

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

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

       (a) Increase in Number of Personnel.--The Secretary shall, 
     subject to the availability of appropriations for such 
     purpose, annually increase, by not less than 2,200, the 
     number of personnel of the Bureau of Immigration and Customs 
     Enforcement during the 5-year period beginning on the date of 
     the enactment of this Act.
       (b) Use of Personnel.--The Secretary shall ensure that not 
     less than 25 percent of all the hours expended by personnel 
     of the Bureau of Immigration and Customs Enforcement shall be 
     used to enforce compliance with sections 274A and 274C of the 
     Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2007 through 2011 such sums as may be necessary to 
     carry out this section.

     SEC. 304. CLARIFICATION OF INELIGIBILITY FOR 
                   MISREPRESENTATION.

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

     SEC. 305. ANTIDISCRIMINATION PROTECTIONS.

       (a) Application of Prohibition of Discrimination to 
     Verification System.--Section 274B(a)(1) (8 U.S.C. 
     1324b(a)(1)) is amended by inserting ``, the verification of 
     the individual's work authorization through the Electronic 
     Employment Verification System described in section 
     274A(d),'' after ``the individual for employment''.
       (b) Classes of Aliens as Protected Individuals.--Section 
     274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as 
     follows:
       ``(B) is an alien who is--
       ``(i) lawfully admitted for permanent residence;
       ``(ii) granted the status of an alien lawfully admitted for 
     temporary residence under section 210(a) or 245(a)(1);
       ``(iii) admitted as a refugee under section 207;
       ``(iv) granted asylum under section 208;
       ``(v) granted the status of a nonimmigrant under section 
     101(a)(15)(H)(ii)(c);
       ``(vi) granted temporary protected status under section 
     244; or
       ``(vii) granted parole under section 212(d)(5).''.
       (c) Requirements for Electronic Employment Verification.--
     Section 274B(a) (8 U.S.C. 1324b(a)) is amended by adding at 
     the end the following:
       ``(7) Antidiscrimination requirements of the electronic 
     employment verification system.--It is an unfair immigration-
     related employment practice for a person or other entity, in 
     the course of the electronic verification process described 
     in section 274A(d)--
       ``(A) to terminate or undertake any adverse employment 
     action due to a tentative nonconfirmation;
       ``(B) to use the verification system for screening of an 
     applicant prior to an offer of employment;
       ``(C) except as described in section 274A(d)(3)(B), to use 
     the verification system for a current employee after the 
     first 3 days of employment, or for the reverification of an 
     employee after the employee has satisfied the process 
     described in section 274A(d); or
       ``(D) to require an individual to make an inquiry under the 
     self-verification procedures established in section 
     274A(d)(8)(E)(iii).''.
       (d) Increase in Civil Money Penalties.--Section 274B(g)(2) 
     (8 U.S.C. 1324b(g)(2)) is amended--
       (1) in subparagraph (B)(iv)--
       (A) in subclause (I), by striking ``$250 and not more than 
     $2,000'' and inserting ``$1,000 and not more than $4,000'';
       (B) in subclause (II), by striking ``$2,000 and not more 
     than $5,000'' and inserting ``$4,000 and not more than 
     $10,000'';
       (C) in subclause (III), by striking ``$3,000 and not more 
     than $10,000'' and inserting ``$6,000 and not more than 
     $20,000''; and
       (D) in subclause (IV), by striking ``$100 and not more than 
     $1,000'' and inserting ``$500 and not more than $5,000''.
       (e) Increased Funding of Information Campaign.--Section 
     274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by inserting 
     ``and an additional $40,000,000 for each of fiscal years 2007 
     through 2009'' before the period at the end.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act and shall apply to violations 
     occurring on or after such date.

            TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

                  Subtitle A--Temporary Guest Workers

     SEC. 401. IMMIGRATION IMPACT STUDY.

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

[[Page S9940]]

     SEC. 402. NONIMMIGRANT TEMPORARY WORKER.

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

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

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

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

       ``(b) who--

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

       ``(c) who--

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

       ``(iii) who--

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

       ``(iv) who--

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

       (b) Effective Date and Application.--The amendment made by 
     subsection (a) shall take effect on the date that is 18 
     months after the date that not less than $400,000,000 have 
     been appropriated and made available to the Secretary to 
     implement the Electronic Employment Verification System 
     established under 274A(d) of the Immigration and Nationality 
     Act, as amended by section 301(a), with respect to aliens, 
     who, on such effective date, are outside of the United 
     States.

     SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.

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

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

       ``(a) Authorization.--The Secretary of State may grant a 
     temporary visa to an H-2C nonimmigrant who demonstrates an 
     intent to perform labor or services in the United States 
     (other than the labor or services described in clause (i)(b) 
     or (ii)(a) of section 101(a)(15)(H) or subparagraph (L), (O), 
     (P), or (R)) of section 101(a)(15).
       ``(b) Requirements for Admission.--An alien shall be 
     eligible for H-2C nonimmigrant status if the alien meets the 
     following requirements:
       ``(1) Eligibility to work.--The alien shall establish that 
     the alien is capable of performing the labor or services 
     required for an occupation under section 
     101(a)(15)(H)(ii)(c).
       ``(2) Evidence of employment.--The alien shall establish 
     that the alien has received a job offer from an employer who 
     has complied with the requirements of 218B.
       ``(3) Fee.--The alien shall pay a $500 visa issuance fee in 
     addition to the cost of processing and adjudicating such 
     application. Nothing in this paragraph shall be construed to 
     affect consular procedures for charging reciprocal fees.
       ``(4) Medical examination.--The alien shall undergo a 
     medical examination (including a determination of 
     immunization status), at the alien's expense, that conforms 
     to generally accepted standards of medical practice.
       ``(5) Application content and waiver.--
       ``(A) Application form.--The alien shall submit to the 
     Secretary a completed application, on a form designed by the 
     Secretary of Homeland Security, including proof of evidence 
     of the requirements under paragraphs (1) and (2).
       ``(B) Content.--In addition to any other information that 
     the Secretary requires to determine an alien's eligibility 
     for H-2C nonimmigrant status, the Secretary shall require an 
     alien to provide information concerning the alien's--
       ``(i) physical and mental health;
       ``(ii) criminal history and gang membership;
       ``(iii) immigration history; and
       ``(iv) involvement with groups or individuals that have 
     engaged in terrorism, genocide, persecution, or who seek the 
     overthrow of the United States Government.
       ``(C) Knowledge.--The alien shall include with the 
     application submitted under this paragraph a signed 
     certification in which the alien certifies that--
       ``(i) the alien has read and understands all of the 
     questions and statements on the application form;
       ``(ii) the alien certifies under penalty of perjury under 
     the laws of the United States that the application, and any 
     evidence submitted with it, are all true and correct; and
       ``(iii) the applicant authorizes the release of any 
     information contained in the application and any attached 
     evidence for law enforcement purposes.
       ``(c) Grounds of Inadmissibility.--
       ``(1) In general.--In determining an alien's admissibility 
     as an H-2C nonimmigrant--
       ``(A) paragraphs (5), (6)(A), (7), (9)(B), and (9)(C) of 
     section 212(a) may be waived for conduct that occurred before 
     the effective date of the Comprehensive Immigration Reform 
     Act of 2006;
       ``(B) the Secretary of Homeland Security may not waive the 
     application of--
       ``(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of 
     section 212(a)(2) (relating to criminals);
       ``(ii) section 212(a)(3) (relating to security and related 
     grounds); or
       ``(iii) subparagraph (A), (C) or (D) of section 212(a)(10) 
     (relating to polygamists and child abductors); and
       ``(C) for conduct that occurred before the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006, the Secretary of Homeland Security may waive the 
     application of any provision of section 212(a) not listed in 
     subparagraph (B) on behalf of an individual alien--
       ``(i) for humanitarian purposes;
       ``(ii) to ensure family unity; or
       ``(iii) if such a waiver is otherwise in the public 
     interest.
       ``(2) Renewal of authorized admission and subsequent 
     admissions.--An alien seeking renewal of authorized admission 
     or subsequent admission as an H-2C nonimmigrant shall 
     establish that the alien is not inadmissible under section 
     212(a).
       ``(d) Background Checks.--The Secretary of Homeland 
     Security shall not admit, and the Secretary of State shall 
     not issue a visa to, an alien seeking H-2C nonimmigrant 
     status unless all appropriate background checks have been 
     completed.
       ``(e) Ineligible To Change Nonimmigrant Classification.--An 
     H-2C nonimmigrant may not change nonimmigrant classification 
     under section 248.
       ``(f) Period of Authorized Admission.--
       ``(1) Authorized period and renewal.--The initial period of 
     authorized admission as an H-2C nonimmigrant shall be 3 
     years, and the alien may seek 1 extension for an additional 
     3-year period.
       ``(2) International commuters.--An alien who resides 
     outside the United States and commutes into the United States 
     to work as an H-2C nonimmigrant, is not subject to the time 
     limitations under paragraph (1).
       ``(3) Loss of employment.--
       ``(A) In general.--
       ``(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;

[[Page S9941]]

       ``(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.

       ``(B) Return to foreign residence.--Any alien whose period 
     of authorized admission terminates under subparagraph (A) 
     shall be required to leave the United States.
       ``(C) Period of visa validity.--Any alien, whose period of 
     authorized admission terminates under subparagraph (A), who 
     leaves the United States under subparagraph (B), may reenter 
     the United States as an H-2C nonimmigrant to work for an 
     employer, if the alien has complied with the requirements of 
     subsection (b). The Secretary may, in the Secretary's sole 
     and unreviewable discretion, reauthorize such alien for 
     admission as an H-2C nonimmigrant without requiring the 
     alien's departure from the United States.
       ``(4) Visits outside united states.--
       ``(A) In general.--Under regulations established by the 
     Secretary of Homeland Security, an H-2C nonimmigrant--
       ``(i) may travel outside of the United States; and
       ``(ii) may be readmitted without having to obtain a new 
     visa if the period of authorized admission has not expired.
       ``(B) Effect on period of authorized admission.--Time spent 
     outside the United States under subparagraph (A) shall not 
     extend the period of authorized admission in the United 
     States.
       ``(5) Bars to extension or admission.--An alien may not be 
     granted H-2C nonimmigrant status, or an extension of such 
     status, if--
       ``(A) the alien has violated any material term or condition 
     of such status granted previously, including failure to 
     comply with the change of address reporting requirements 
     under section 265;
       ``(B) the alien is inadmissible as a nonimmigrant; or
       ``(C) the granting of such status or extension of such 
     status would allow the alien to exceed 6 years as an H-2C 
     nonimmigrant, unless the alien has resided and been 
     physically present outside the United States for at least 1 
     year after the expiration of such H-2C nonimmigrant status.
       ``(g) Evidence of Nonimmigrant Status.--Each H-2C 
     nonimmigrant shall be issued documentary evidence of 
     nonimmigrant status, which--
       ``(1) shall be machine-readable, tamper-resistant, and 
     allow for biometric authentication;
       ``(2) shall be designed in consultation with the Forensic 
     Document Laboratory of the Bureau of Immigration and Customs 
     Enforcement;
       ``(3) shall, during the alien's authorized period of 
     admission under subsection (f), serve as a valid entry 
     document for the purpose of applying for admission to the 
     United States--
       ``(A) instead of a passport and visa if the alien--
       ``(i) is a national of a foreign territory contiguous to 
     the United States; and
       ``(ii) is applying for admission at a land border port of 
     entry; and
       ``(B) in conjunction with a valid passport, if the alien is 
     applying for admission at an air or sea port of entry;
       ``(4) may be accepted during the period of its validity by 
     an employer as evidence of employment authorization and 
     identity under section 274A(b)(1)(B); and
       ``(5) shall be issued to the H-2C nonimmigrant by the 
     Secretary of Homeland Security promptly after the final 
     adjudication of such alien's application for H-2C 
     nonimmigrant status.
       ``(h) Penalty for Failure To Depart.--If an H-2C 
     nonimmigrant fails to depart the United States before the 
     date which is 10 days after the date that the alien's 
     authorized period of admission as an H-2C nonimmigrant 
     terminates, the H-2C nonimmigrant may not apply for or 
     receive any immigration relief or benefit under this Act or 
     any other law, except for relief under sections 208 and 
     241(b)(3) and relief under the Convention Against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     for an alien who indicates either an intention to apply for 
     asylum under section 208 or a fear of persecution or torture.
       ``(i) Penalty for Illegal Entry or Overstay.--Any alien who 
     enters, attempts to enter, or crosses the border after the 
     date of the enactment of this section, and is physically 
     present in the United States after such date in violation of 
     this Act or of any other Federal law, may not receive, for a 
     period of 10 years--
       ``(1) any relief under section 240A(a), 240A(b)(1), or 
     240B; or
       ``(2) nonimmigrant status under section 101(a)(15) (except 
     subparagraphs (T) and (U)).
       ``(j) Portability.--A nonimmigrant alien described in this 
     section, who was previously issued a visa or otherwise 
     provided H-2C nonimmigrant status, may accept a new offer of 
     employment with a subsequent employer, if--
       ``(1) the employer complies with section 218B; and
       ``(2) the alien, after lawful admission to the United 
     States, did not work without authorization.
       ``(k) Change of Address.--An H-2C nonimmigrant shall comply 
     with the change of address reporting requirements under 
     section 265 through either electronic or paper notification.
       ``(l) Collection of Fees.--All fees collected under this 
     section shall be deposited in the Treasury in accordance with 
     section 286(c).
       ``(m) Issuance of H-4 Nonimmigrant Visas for Spouse and 
     Children.--
       ``(1) In general.--The alien spouse and children of an H-2C 
     nonimmigrant (referred to in this section as `dependent 
     aliens') who are accompanying or following to join the H-2C 
     nonimmigrant may be issued nonimmigrant visas under section 
     101(a)(15)(H)(iv).
       ``(2) Requirements for admission.--A dependent alien is 
     eligible for nonimmigrant status under 101(a)(15)(H)(iv) if 
     the dependent alien meets the following requirements:
       ``(A) Eligibility.--The dependent alien is admissible as a 
     nonimmigrant and does not fall within a class of aliens 
     ineligible for H-4A nonimmigrant status listed under 
     subsection (c).
       ``(B) Medical examination.--Before a nonimmigrant visa is 
     issued to a dependent alien under this subsection, the 
     dependent alien shall submit to a medical examination 
     (including a determination of immunization status) at the 
     alien's expense, that conforms to generally accepted 
     standards of medical practice.
       ``(C) Background checks.--Before a nonimmigrant visa is 
     issued to a dependent alien under this section, the consular 
     officer shall conduct such background checks as the Secretary 
     of State, in consultation with the Secretary of Homeland 
     Security, considers appropriate.
       ``(n) Definitions.--In this section and sections 218B, 
     218C, and 218D:
       ``(1) Aggrieved person.--term `aggrieved person' means a 
     person adversely affected by an alleged violation of this 
     section, including--
       ``(A) a worker whose job, wages, or working conditions are 
     adversely affected by the violation; and
       ``(B) a representative for workers whose jobs, wages, or 
     working conditions are adversely affected by the violation 
     who brings a complaint on behalf of such worker.
       ``(2) Area of employment.--The terms `area of employment' 
     and `area of intended employment' mean the area within normal 
     commuting distance of the worksite or physical location at 
     which the work of the temporary worker is or will be 
     performed. If such worksite or location is within a 
     Metropolitan Statistical Area, any place within such area is 
     deemed to be within the area of employment.
       ``(3) Eligible individual.--The term `eligible individual' 
     means, with respect to employment, an individual who is not 
     an unauthorized alien (as defined in section 274A) with 
     respect to that employment.
       ``(4) Employ; employee; employer.--The terms `employ', 
     `employee', and `employer' have the meanings given such terms 
     in section 3 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203).
       ``(5) Foreign labor contractor.--The term `foreign labor 
     contractor' means any person who for any compensation or 
     other valuable consideration paid or promised to be paid, 
     performs any foreign labor contracting activity.
       ``(6) Foreign labor contracting activity.--The term 
     `foreign labor contracting activity' means recruiting, 
     soliciting, hiring, employing, or furnishing, an individual 
     who resides outside of the United States for employment in 
     the United States as a nonimmigrant alien described in 
     section 101(a)(15)(H)(ii)(c).
       ``(7) H-2c nonimmigrant.--The term `H-2C nonimmigrant' 
     means a nonimmigrant described in section 
     101(a)(15)(H)(ii)(c).
       ``(8) Separation from employment.--The term `separation 
     from employment' means the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract. The term does not include any situation in which 
     the worker is offered, as an alternative to such loss of 
     employment, a similar employment opportunity with the same 
     employer at equivalent or higher compensation and benefits 
     than the position from which the employee was discharged, 
     regardless of whether the employee accepts the offer. Nothing 
     in this paragraph shall limit an employee's rights under a 
     collective bargaining agreement or other employment contract.
       ``(9) United states worker.--The term `United States 
     worker' means an employee who is--
       ``(A) a citizen or national of the United States; or
       ``(B) an alien who is--
       ``(i) lawfully admitted for permanent residence;
       ``(ii) admitted as a refugee under section 207;
       ``(iii) granted asylum under section 208; or
       ``(iv) otherwise authorized, under this Act or by the 
     Secretary of Homeland Security, to be employed in the United 
     States.''.
       (2) Clerical amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 218 
     the following:

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

     SEC. 404. EMPLOYER OBLIGATIONS.

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

[[Page S9942]]

     ``SEC. 218B. EMPLOYER OBLIGATIONS.

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

[[Page S9943]]

     Labor determines, after notice and an opportunity for a 
     hearing, that the employer submitting such documents--
       ``(A) has, with respect to the attestations required under 
     subsection (b)--
       ``(i) misrepresented a material fact;
       ``(ii) made a fraudulent statement; or
       ``(iii) failed to comply with the terms of such 
     attestations; or
       ``(B) failed to cooperate in the audit process in 
     accordance with regulations promulgated by the Secretary of 
     Labor.
       ``(2) Length of ineligibility.--An employer described in 
     paragraph (1) shall be ineligible to participate in the labor 
     certification programs of the Secretary of Labor for not less 
     than the time period determined by the Secretary, not to 
     exceed 3 years.
       ``(3) Employers in high unemployment areas.--Beginning on 
     the date that is 1 year after the date of the enactment of 
     the Initial Entry, Adjustment, and Citizenship Assistance 
     Grant Act of 2006, the Secretary of Homeland Security may not 
     approve any employer's petition under subsection (b) if the 
     work to be performed by the H-2C nonimmigrant is not 
     agriculture based and is located in a metropolitan or 
     micropolitan statistical area (as defined by the Office of 
     Management and Budget) in which the unemployment rate for 
     workers who have not completed any education beyond a high 
     school diploma during the most recently completed 6-month 
     period averaged more than 9.0 percent.
       ``(f) Regulation of Foreign Labor Contractors.--
       ``(1) Coverage.--Notwithstanding any other provision of 
     law, an H-2C nonimmigrant may not be treated as an 
     independent contractor.
       ``(2) Applicability of laws.--An H-2C nonimmigrant shall 
     not be denied any right or any remedy under Federal, State, 
     or local labor or employment law that would be applicable to 
     a United States worker employed in a similar position with 
     the employer because of the alien's status as a nonimmigrant 
     worker.
       ``(3) Tax responsibilities.--With respect to each employed 
     H-2C nonimmigrant, an employer shall comply with all 
     applicable Federal, State, and local tax and revenue laws.
       ``(g) Whistleblower Protection.--It shall be unlawful for 
     an employer or a labor contractor of an H-2C nonimmigrant to 
     intimidate, threaten, restrain, coerce, retaliate, discharge, 
     or in any other manner, discriminate against an employee or 
     former employee because the employee or former employee--
       ``(1) discloses information to the employer or any other 
     person that the employee or former employee reasonably 
     believes demonstrates a violation of this Act; or
       ``(2) cooperates or seeks to cooperate in an investigation 
     or other proceeding concerning compliance with the 
     requirements of this Act.
       ``(h) Labor Recruiters.--
       ``(1) In general.--Each employer that engages in foreign 
     labor contracting activity and each foreign labor contractor 
     shall ascertain and disclose, to each such worker who is 
     recruited for employment at the time of the worker's 
     recruitment--
       ``(A) the place of employment;
       ``(B) the compensation for the employment;
       ``(C) a description of employment activities;
       ``(D) the period of employment;
       ``(E) any other employee benefit to be provided and any 
     costs to be charged for each benefit;
       ``(F) any travel or transportation expenses to be assessed;
       ``(G) the existence of any labor organizing effort, strike, 
     lockout, or other labor dispute at the place of employment;
       ``(H) the existence of any arrangement with any owner, 
     employer, foreign contractor, or its agent where such person 
     receives a commission from the provision of items or services 
     to workers;
       ``(I) the extent to which workers will be compensated 
     through workers' compensation, private insurance, or 
     otherwise for injuries or death, including--
       ``(i) work related injuries and death during the period of 
     employment;
       ``(ii) the name of the State workers' compensation 
     insurance carrier or the name of the policyholder of the 
     private insurance;
       ``(iii) the name and the telephone number of each person 
     who must be notified of an injury or death; and
       ``(iv) the time period within which such notice must be 
     given;
       ``(J) any education or training to be provided or required, 
     including--
       ``(i) the nature and cost of such training;
       ``(ii) the entity that will pay such costs; and
       ``(iii) whether the training is a condition of employment, 
     continued employment, or future employment; and
       ``(K) a statement, in a form specified by the Secretary of 
     Labor, describing the protections of this Act for workers 
     recruited abroad.
       ``(2) False or misleading information.--No foreign labor 
     contractor or employer who engages in foreign labor 
     contracting activity shall knowingly provide material false 
     or misleading information to any worker concerning any matter 
     required to be disclosed in paragraph (1).
       ``(3) Languages.--The information required to be disclosed 
     under paragraph (1) shall be provided in writing in English 
     or, as necessary and reasonable, in the language of the 
     worker being recruited. The Secretary of Labor shall make 
     forms available in English, Spanish, and other languages, as 
     necessary, which may be used in providing workers with 
     information required under this section.
       ``(4) Fees.--A person conducting a foreign labor 
     contracting activity shall not assess any fee to a worker for 
     such foreign labor contracting activity.
       ``(5) Terms.--No employer or foreign labor contractor 
     shall, without justification, violate the terms of any 
     agreement made by that contractor or employer regarding 
     employment under this program.
       ``(6) Travel costs.--If the foreign labor contractor or 
     employer charges the employee for transportation such 
     transportation costs shall be reasonable.
       ``(7) Other worker protections.--
       ``(A) Notification.--Not less frequently than once every 2 
     years, each employer shall notify the Secretary of Labor of 
     the identity of any foreign labor contractor engaged by the 
     employer in any foreign labor contractor activity for, or on 
     behalf of, the employer.
       ``(B) Registration of foreign labor contractors.--
       ``(i) In general.--No person shall engage in foreign labor 
     recruiting activity unless such person has a certificate of 
     registration from the Secretary of Labor specifying the 
     activities that such person is authorized to perform. An 
     employer who retains the services of a foreign labor 
     contractor shall only use those foreign labor contractors who 
     are registered under this subparagraph.
       ``(ii) Issuance.--The Secretary shall promulgate 
     regulations to establish an efficient electronic process for 
     the investigation and approval of an application for a 
     certificate of registration of foreign labor contractors not 
     later than 14 days after such application is filed, 
     including--

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

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

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

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

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

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

[[Page S9944]]

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

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

     SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

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

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

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

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

     SEC. 406. RULEMAKING; EFFECTIVE DATE.

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

     SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.

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

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

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

[[Page S9945]]

       (2) Political affiliation.--Not more than 5 members of the 
     Task Force may be members of the same political party.
       (3) Nongovernmental appointees.--An individual appointed to 
     the Task Force may not be an officer or employee of the 
     Federal Government or of any State or local government.
       (e) Meetings.--
       (1) Initial meeting.--The Task Force shall meet and begin 
     the operations of the Task Force as soon as practicable.
       (2) Subsequent meetings.--After its initial meeting, the 
     Task Force shall meet upon the call of the chairman or a 
     majority of its members.
       (f) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Task Force shall submit, to 
     Congress, the Secretary of Labor, and the Secretary, a report 
     that contains--
       (1) findings with respect to the duties of the Task Force; 
     and
       (2) recommendations for imposing a numerical limit.
       (g) Numerical Limitations.--Section 214(g)(1) (8 U.S.C. 
     1184(g)(1)) is amended--
       (1) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (2) by adding at the end the following:
       ``(C) under section 101(a)(15)(H)(ii)(c) may not exceed 
     200,000.''.
       (h) Adjustment to Lawful Permanent Resident Status.--
     Section 245 (8 U.S.C. 1255) is amended by adding at the end 
     the following:
       ``(n)(1) For purposes of adjustment of status under 
     subsection (a), employment-based immigrant visas shall be 
     made available, subject to the numerical limitations set out 
     in sections 201(d) and 203(b), to an alien having 
     nonimmigrant status described in section 101(a)(15)(H)(ii)(c) 
     upon the filing of a petition for such a visa--
       ``(A) by the alien's employer; or
       ``(B) by the alien, if--
       ``(i) the alien has been employed in H-2C status for a 
     cumulative period of not less than 4 years;
       ``(ii) an employer attests that the employer will employ 
     the alien in the offered job position;
       ``(iii) the Secretary of Labor determines and certifies 
     that there are not sufficient United States workers who are 
     able, willing, qualified, and available to fill the job 
     position; or
       ``(iv) the Secretary of Labor determines and certifies that 
     there are not sufficient United States workers who are able, 
     willing, qualified, and available to fill the position in 
     which the alien is, or will be, employed; and
       ``(v) the alien submits at least 2 documents to establish 
     current employment, as follows:
       ``(I) Records maintained by the Social Security 
     Administration.
       ``(II) Records maintained by the alien's employer, such as 
     pay stubs, time sheets, or employment work verification.
       ``(III) Records maintained by the Internal Revenue Service.
       ``(IV) Records maintained by any other government agency, 
     such as worker compensation records, disability records, or 
     business licensing records.
       ``(2) An alien having nonimmigrant status described in 
     section 101(a)(15)(H)(ii)(c) may not apply for adjustment of 
     status under this section unless the alien--
       ``(A) is physically present in the United States; and
       ``(B) establishes that the alien meets the requirements of 
     section 312.
       ``(3) An alien who demonstrates that the alien meets the 
     requirements of section 312 may be considered to have 
     satisfied the requirements of that section for purposes of 
     becoming naturalized as a citizen of the United States under 
     title III.
       ``(4) Filing a petition under paragraph (1) on behalf of an 
     alien or otherwise seeking permanent residence in the United 
     States for such alien shall not constitute evidence of the 
     alien's ineligibility for nonimmigrant status under section 
     101(a)(15)(H)(ii)(c).
       ``(5) The Secretary of Homeland Security shall extend, in 
     1-year increments, the stay of an alien for whom a labor 
     certification petition filed under section 203(b) or an 
     immigrant visa petition filed under section 204(b) is pending 
     until a final decision is made on the alien's lawful 
     permanent residence.
       ``(6) Nothing in this subsection shall be construed to 
     prevent an alien having nonimmigrant status described in 
     section 101(a)(15)(H)(ii)(c) from filing an application for 
     adjustment of status under this section in accordance with 
     any other provision of law.''.

     SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

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

     SEC. 410. S VISAS.

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

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

     SEC. 411. L VISA LIMITATIONS.

       Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case'' and 
     inserting ``Except as provided in subparagraph (H), in the 
     case''; and
       (3) by adding at the end the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a new facility, the petition may be approved for 
     a period not to exceed 12 months only if

[[Page S9946]]

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

     SEC. 412. COMPLIANCE INVESTIGATORS.

       The Secretary of Labor shall, subject to the availability 
     of appropriations for such purpose, annually increase, by not 
     less than 2,000, the number of positions for compliance 
     investigators dedicated to enforcing compliance with this 
     title, and the amendments made by this title.

     SEC. 413. VISA WAIVER PROGRAM EXPANSION.

       Section 217(c) (8 U.S.C. 1187(c)) is amended by adding at 
     the end the following:
       ``(8) Probationary admission.--
       ``(A) Definition of material support.--In this paragraph, 
     the term `material support' means the current provision of 
     the equivalent of, but not less than, a battalion (which 
     consists of 300 to 1,000 military personnel) to Operation 
     Iraqi Freedom or Operation Enduring Freedom to provide 
     training, logistical or tactical support, or a military 
     presence.
       ``(B) Designation as a program country.--Notwithstanding 
     any other provision of this section, a country may be 
     designated as a program country, on a probationary basis, 
     under this section if--
       ``(i) the country is a member of the European Union;
       ``(ii) the country is providing material support to the 
     United States or the multilateral forces in Afghanistan or 
     Iraq, as determined by the Secretary of Defense, in 
     consultation with the Secretary of State; and
       ``(iii) the Secretary of Homeland Security, in consultation 
     with the Secretary of State, determines that participation of 
     the country in the visa waiver program under this section 
     does not compromise the law enforcement interests of the 
     United States.
       ``(C) Refusal rates; overstay rates.--The determination 
     under subparagraph (B)(iii) shall only take into account any 
     refusal rates or overstay rates after the expiration of the 
     first full year of the country's admission into the European 
     Union.
       ``(D) Full compliance.--Not later than 2 years after the 
     date of a country's designation under subparagraph (B), the 
     country--
       ``(i) shall be in full compliance with all applicable 
     requirements for program country status under this section; 
     or
       ``(ii) shall have its program country designation 
     terminated.
       ``(E) Extensions.--The Secretary of State may extend, for a 
     period not to exceed 2 years, the probationary designation 
     granted under subparagraph (B) if the country--
       ``(i) is making significant progress towards coming into 
     full compliance with all applicable requirements for program 
     country status under this section;
       ``(ii) is likely to achieve full compliance before the end 
     of such 2-year period; and
       ``(iii) continues to be an ally of the United States 
     against terrorist states, organizations, and individuals, as 
     determined by the Secretary of Defense, in consultation with 
     the Secretary of State.''.

     SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

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

               Subtitle B--Immigration Injunction Reform

     SEC. 421. SHORT TITLE.

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

     SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

       (a) Requirements for an Order Granting Prospective Relief 
     Against the Government.--
       (1) In general.--If a court determines that prospective 
     relief should be ordered against the Government in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall--
       (A) limit the relief to the minimum necessary to correct 
     the violation of law;
       (B) adopt the least intrusive means to correct the 
     violation of law;
       (C) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety, and
       (D) provide for the expiration of the relief on a specific 
     date, which is not later than the earliest date necessary for 
     the Government to remedy the violation.
       (2) Written explanation.--The requirements described in 
     subsection (1) shall be discussed and explained in writing in 
     the order granting prospective relief and must be 
     sufficiently detailed to allow review by another court.
       (3) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief shall automatically expire on 
     the date that is 90 days after the date on which such relief 
     is entered, unless the court--
       (A) makes the findings required under paragraph (1) for the 
     entry of permanent prospective relief; and
       (B) makes the order final before expiration of such 90-day 
     period.
       (4) Requirements for order denying motion.--This subsection 
     shall apply to any order denying the Government's motion to 
     vacate, modify, dissolve or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States.
       (b) Procedure for Motion Affecting Order Granting 
     Prospective Relief Against the Government.--
       (1) In general.--A court shall promptly rule on the 
     Government's motion to vacate, modify, dissolve or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (2) Automatic stays.--
       (A) In general.--The Government's motion to vacate, modify, 
     dissolve, or otherwise terminate an order granting 
     prospective relief made in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the court, stay the order granting prospective relief on 
     the date that is 15 days after the date on which such motion 
     is filed unless the court previously has granted or denied 
     the Government's motion.
       (B) Duration of automatic stay.--An automatic stay under 
     subparagraph (A) shall continue until the court enters an 
     order granting or denying the Government's motion.
       (C) Postponement.--The court, for good cause, may postpone 
     an automatic stay under subparagraph (A) for not longer than 
     15 days.
       (D) Orders blocking automatic stays.--Any order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of the automatic stay described in subparagraph (A), other 
     than an order to postpone the effective date of the automatic 
     stay for not longer than 15 days under subparagraph (C), 
     shall be--
       (i) treated as an order refusing to vacate, modify, 
     dissolve or otherwise terminate an injunction; and
       (ii) immediately appealable under section 1292(a)(1) of 
     title 28, United States Code.
       (c) Settlements.--

[[Page S9947]]

       (1) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States, the court may not enter, approve, or continue 
     a consent decree that does not comply with subsection (a).
       (2) Private settlement agreements.--Nothing in this section 
     shall preclude parties from entering into a private 
     settlement agreement that does not comply with subsection (a) 
     if the terms of that agreement are not subject to court 
     enforcement other than reinstatement of the civil proceedings 
     that the agreement settled.
       (d) Definitions.--In this section:
       (1) Consent decree.--The term ``consent decree''--
       (A) means any relief entered by the court that is based in 
     whole or in part on the consent or acquiescence of the 
     parties; and
       (B) does not include private settlements.
       (2) Good cause.--The term ``good cause'' does not include 
     discovery or congestion of the court's calendar.
       (3) Government.--The term ``Government'' means the United 
     States, any Federal department or agency, or any Federal 
     agent or official acting within the scope of official duties.
       (4) Permanent relief.--The term ``permanent relief'' means 
     relief issued in connection with a final decision of a court.
       (5) Private settlement agreement.--The term ``private 
     settlement agreement'' means an agreement entered into among 
     the parties that is not subject to judicial enforcement other 
     than the reinstatement of the civil action that the agreement 
     settled.
       (6) Prospective relief.--The term ``prospective relief'' 
     means temporary, preliminary, or permanent relief other than 
     compensatory monetary damages.
       (e) Expedited Proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion considered under 
     this section.

     SEC. 423. EFFECTIVE DATE.

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

                       TITLE V--BACKLOG REDUCTION

     SEC. 501. ELIMINATION OF EXISTING BACKLOGS.

       (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
     worldwide level of family-sponsored immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 480,000;
       ``(2) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year;
       ``(3) the difference between--
       ``(A) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     minus the number of visas issued under this subsection during 
     those fiscal years; and
       ``(B) the number of visas calculated under subparagraph (A) 
     that were issued after fiscal year 2005.''.
       (b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 
     1151(d)) is amended to read as follows:
       ``(d) Worldwide Level of Employment-Based Immigrants.--
       ``(1) In general.--Subject to paragraph (2), the worldwide 
     level of employment-based immigrants under this subsection 
     for a fiscal year is equal to the sum of--
       ``(A)(i) 450,000, for each of the fiscal years 2007 through 
     2016; or
       ``(ii) 290,000, for fiscal year 2017 and each subsequent 
     fiscal year;
       ``(B) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year; and
       ``(C) the difference between--
       ``(i) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     and the number of visa numbers issued under this subsection 
     during those fiscal years; and
       ``(ii) the number of visas calculated under clause (i) that 
     were issued after fiscal year 2005.
       ``(2) Visas for spouses and children.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     immigrant visas issued on or after October 1, 2004, to 
     spouses and children of employment-based immigrants shall not 
     be counted against the numerical limitation set forth in 
     paragraph (1).
       ``(B) Numerical limitation.--The total number of visas 
     issued under paragraph (1)(A) and paragraph (2), excluding 
     such visas issued to aliens pursuant to section 245B or 
     section 245C of the Immigration and Nationality Act, may not 
     exceed 650,000 during any fiscal year.
       ``(C) Construction.--Nothing in this paragraph may be 
     construed to modify the requirement set out in 245B(a)(1)(I) 
     or 245C(i)(2)(A) that prohibit an alien from receiving an 
     adjustment of status to that of a legal permanent resident 
     prior to the consideration of all applications filed under 
     section 201, 202, or 203 before the date of enactment of 
     section 245B and 245C.''.

     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''.

     SEC. 503. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Family-Sponsored 
     Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to 
     read as follows:
       ``(a) Preference Allocations for Family-Sponsored 
     Immigrants.--Aliens subject to the worldwide level specified 
     in section 201(c) for family-sponsored immigrants shall be 
     allocated visas as follows:
       ``(1) Unmarried sons and daughters of citizens.--Qualified 
     immigrants who are the unmarried sons or daughters of 
     citizens of the United States shall be allocated visas in a 
     quantity not to exceed the sum of--
       ``(A) 10 percent of such worldwide level; and
       ``(B) any visas not required for the class specified in 
     paragraph (4).
       ``(2) Spouses and unmarried sons and daughters of permanent 
     resident aliens.--
       ``(A) In general.--Visas in a quantity not to exceed 50 
     percent of such worldwide level plus any visas not required 
     for the class specified in paragraph (1) shall be allocated 
     to qualified immigrants who are--
       ``(i) the spouses or children of an alien lawfully admitted 
     for permanent residence; or
       ``(ii) the unmarried sons or daughters of an alien lawfully 
     admitted for permanent residence.
       ``(B) Minimum percentage.--Visas allocated to individuals 
     described in subparagraph (A)(i) shall constitute not less 
     than 77 percent of the visas allocated under this paragraph.
       ``(3) Married sons and daughters of citizens.--Qualified 
     immigrants who are the married sons and daughters of citizens 
     of the United States shall be allocated visas in a quantity 
     not to exceed the sum of--
       ``(A) 10 percent of such worldwide level; and
       ``(B) any visas not required for the classes specified in 
     paragraphs (1) and (2).
       ``(4) Brothers and sisters of citizens.--Qualified 
     immigrants who are the brothers or sisters of a citizen of 
     the United States who is at least 21 years of age shall be 
     allocated visas in a quantity not to exceed 30 percent of the 
     worldwide level.''.
       (b) Preference Allocation for Employment-Based 
     Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
       (1) in paragraph (1), by striking ``28.6 percent'' and 
     inserting ``15 percent'';
       (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
     inserting ``15 percent'';
       (3) in paragraph (3)(A)--
       (A) by striking ``28.6 percent'' and inserting ``35 
     percent''; and
       (B) by striking clause (iii);
       (4) by striking paragraph (4);
       (5) by redesignating paragraph (5) as paragraph (4);
       (6) in paragraph (4)(A), as redesignated, by striking ``7.1 
     percent'' and inserting ``5 percent'';
       (7) by inserting after paragraph (4), as redesignated, the 
     following:
       ``(5) Other workers.--
       ``(A) In general.--Visas shall be made available, in a 
     number not to exceed 30 percent of such worldwide level, plus 
     any visa numbers not required for the classes specified in 
     paragraphs (1) through (4), to qualified immigrants who are 
     capable, at the time of petitioning for classification under 
     this paragraph, of performing unskilled labor that is not of 
     a temporary or seasonal nature, for which qualified workers 
     are determined to be unavailable in the United States.
       ``(B) Priority in allocating visas.--In allocating visas 
     under subparagraph (A) for each of the fiscal years 2007 
     through 2017, the Secretary shall reserve 30 percent of such 
     visas for qualified immigrants who were physically present in 
     the United States before January 7, 2004.''; and
       (8) by striking paragraph (6).

[[Page S9948]]

       (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''.
       (d) Conforming Amendments.--
       (1) Definition of special immigrant.--Section 101(a)(27)(M) 
     (8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to 
     the numerical limitations of section 203(b)(4),''.
       (2) Repeal of temporary reduction in workers' visas.--
     Section 203(e) of the Nicaraguan Adjustment and Central 
     American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) 
     is repealed.

     SEC. 504. RELIEF FOR MINOR CHILDREN AND WIDOWS.

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

     SEC. 505. SHORTAGE OCCUPATIONS.

       (a) Exception to Direct Numerical Limitations.--Section 
     201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the 
     end the following new subparagraph:
       ``(F)(i) During the period beginning on the date of the 
     enactment the Comprehensive Immigration Reform Act of 2006 
     and ending on September 30, 2017, an alien--
       ``(I) who is otherwise described in section 203(b); and
       ``(II) who is seeking admission to the United States to 
     perform labor in shortage occupations designated by the 
     Secretary of Labor for blanket certification under section 
     212(a)(5)(A) due to the lack of sufficient United States 
     workers able, willing, qualified, and available for such 
     occupations and for which the employment of aliens will not 
     adversely affect the terms and conditions of similarly 
     employed United States workers.
       ``(ii) During the period described in clause (i), the 
     spouse or dependents of an alien described in clause (i), if 
     accompanying or following to join such alien.''.
       (b) Exception to Nondiscrimination Requirements.--Section 
     202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking 
     ``201(b)(2)(A)(i)'' and inserting ``201(b)''.
       (c) Exception to Per Country Levels for Family-Sponsored 
     and Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C. 
     1152(a)(2)), as amended by section 502(1), is further amended 
     by inserting ``, except for aliens described in section 
     201(b),'' after ``any fiscal year''.
       (d) Increasing the Domestic Supply of Nurses and Physical 
     Therapists.--Not later than January 1, 2007, the Secretary of 
     Health and Human Services shall--
       (1) submit to Congress a report on the source of newly 
     licensed nurses and physical therapists in each State, which 
     report shall--
       (A) include the past 3 years for which data are available;
       (B) provide separate data for each occupation and for each 
     State;
       (C) separately identify those receiving their initial 
     license and those licensed by endorsement from another State;
       (D) within those receiving their initial license in each 
     year, identify the number who received their professional 
     education in the United States and those who received such 
     education outside the United States; and
       (E) to the extent possible, identify, by State of residence 
     and country of education, the number of nurses and physical 
     therapists who were educated in any of the 5 countries (other 
     than the United States) from which the most nurses and 
     physical therapists arrived;
       (F) identify the barriers to increasing the supply of 
     nursing faculty, domestically trained nurses, and 
     domestically trained physical therapists;
       (G) recommend strategies to be followed by Federal and 
     State governments that would be effective in removing such 
     barriers, including strategies that address barriers to 
     advancement to become registered nurses for other health care 
     workers, such as home health aides and nurses assistants;
       (H) recommend amendments to Federal legislation that would 
     increase the supply of nursing faculty, domestically trained 
     nurses, and domestically trained physical therapists;
       (I) recommend Federal grants, loans, and other incentives 
     that would provide increases in nurse educators, nurse 
     training facilities, and other steps to increase the domestic 
     education of new nurses and physical therapists;
       (J) identify the effects of nurse emigration on the health 
     care systems in their countries of origin; and
       (K) recommend amendments to Federal law that would minimize 
     the effects of health care shortages in the countries of 
     origin from which immigrant nurses arrived;
       (2) enter into a contract with the National Academy of 
     Sciences Institute of Medicine to determine the level of 
     Federal investment under titles VII and VIII of the Public 
     Health Service Act necessary to eliminate the domestic 
     nursing and physical therapist shortage not later than 7 
     years from the date on which the report is published; and
       (3) collaborate with other agencies, as appropriate, in 
     working with ministers of health or other appropriate 
     officials of the 5 countries from which the most nurses and 
     physical therapists arrived, to--
       (A) address health worker shortages caused by emigration;
       (B) ensure that there is sufficient human resource planning 
     or other technical assistance needed to reduce further health 
     worker shortages in such countries.

     SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

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

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

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

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

       ``(aa) a credible fear of harm related to her sex; and
       ``(bb) a lack of adequate protection from such harm.''.
       (2) Statutory construction.--Section 101 (8 U.S.C. 1101) is 
     amended by adding at the end the following:
       ``(j)(1) No natural parent or prior adoptive parent of any 
     alien provided special immigrant status under subsection 
     (a)(27)(N)(i) shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this Act.
       ``(2)(A) No alien who qualifies for a special immigrant 
     visa under subsection (a)(27)(N)(ii) may apply for derivative 
     status or petition for any spouse who is represented by the 
     alien as missing, deceased, or the source of harm at the time 
     of the alien's application and admission. The Secretary of 
     Homeland Security may waive this requirement for an alien who 
     demonstrates that the alien's representations regarding the 
     spouse were bona fide.
       ``(B) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) may apply for derivative status 
     or petition for any sibling under the age of 18 years or 
     children under the age of 18 years of any such alien, if 
     accompanying or following to join the alien. For purposes of 
     this subparagraph, a determination of age shall be made using 
     the age of the alien on the date the petition is filed with 
     the Department of Homeland Security.
       ``(3) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) shall be treated in the same 
     manner as a refugee solely for purposes of section 412.
       ``(4) The provisions of paragraphs (4), (5), and (7)(A) of 
     section 212(a) shall not be applicable to any alien seeking 
     admission to the United States under subsection (a)(27)(N), 
     and the Secretary of Homeland Security may

[[Page S9949]]

     waive any other provision of such section (other than 
     paragraph 2(C) or subparagraph (A), (B), (C), or (E) of 
     paragraph (3)) with respect to such an alien for humanitarian 
     purposes, to assure family unity, or when it is otherwise in 
     the public interest. Any such waiver by the Secretary of 
     Homeland Security shall be in writing and shall be granted 
     only on an individual basis following an investigation. The 
     Secretary of Homeland Security shall provide for the annual 
     reporting to Congress of the number of waivers granted under 
     this paragraph in the previous fiscal year and a summary of 
     the reasons for granting such waivers.
       ``(5) For purposes of subsection (a)(27)(N)(i)(II), a 
     determination of age shall be made using the age of the alien 
     on the date on which the alien was referred to the consular, 
     immigration, or other designated official.
       ``(6) The Secretary of Homeland Security shall waive any 
     application fee for a special immigrant visa for an alien 
     described in section 101(a)(27)(N).''.
       (3) Expedited process.--Not later than 45 days after the 
     date of referral to a consular, immigration, or other 
     designated official (as described in section 101(a)(27)(N) of 
     the Immigration and Nationality Act, as added by paragraph 
     (1))--
       (A) special immigrant status shall be adjudicated; and
       (B) if special immigrant status is granted, the alien shall 
     be paroled to the United States pursuant to section 212(d)(5) 
     of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for 
     adjustment of status to permanent residence under section 245 
     of that Act (8 U.S.C. 1255) within 1 year after the alien's 
     arrival in the United States.
       (4) Report to congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary shall submit 
     a report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives on the progress of the implementation of this 
     section and the amendments made by this section, including--
       (A) data related to the implementation of this section and 
     the amendments made by this section;
       (B) data regarding the number of placements of females and 
     children who faces a credible fear of harm as referred to in 
     section 101(a)(27)(N) of the Immigration and Nationality Act, 
     as added by paragraph (1); and
       (C) any other information that the Secretary considers 
     appropriate.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection and the amendments made by this subsection.
       (c) Requirements for Aliens.--
       (1) Requirement prior to entry into the united states.--
       (A) Database search.--An alien may not be admitted to the 
     United States unless the Secretary has ensured that a search 
     of each database maintained by an agency or department of the 
     United States has been conducted to determine whether such 
     alien is ineligible to be admitted to the United States on 
     criminal, security, or related grounds.
       (B) Cooperation and schedule.--The Secretary and the head 
     of each appropriate agency or department of the United States 
     shall work cooperatively to ensure that each database search 
     required by subparagraph (A) is completed not later than 45 
     days after the date on which an alien files a petition 
     seeking a special immigration visa under section 
     101(a)(27)(N) of the Immigration and Nationality Act, as 
     added by subsection (b)(1).
       (2) Requirement after entry into the united states.--
       (A) Requirement to submit fingerprints.--
       (i) In general.--Not later than 30 days after the date that 
     an alien enters the United States, the alien shall be 
     fingerprinted and submit to the Secretary such fingerprints 
     and any other personal biometric data required by the 
     Secretary.
       (ii) Other requirements.--The Secretary may prescribe 
     regulations that permit fingerprints submitted by an alien 
     under section 262 of the Immigration and Nationality Act (8 
     U.S.C. 1302) or any other provision of law to satisfy the 
     requirement to submit fingerprints of clause (i).
       (B) Database search.--The Secretary shall ensure that a 
     search of each database that contains fingerprints that is 
     maintained by an agency or department of the United States be 
     conducted to determine whether such alien is ineligible for 
     an adjustment of status under any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on 
     criminal, security, or related grounds.
       (C) Cooperation and schedule.--The Secretary and the head 
     of each appropriate agency or department of the United States 
     shall work cooperatively to ensure that each database search 
     required by subparagraph (B) is completed not later than 180 
     days after the date on which the alien enters the United 
     States.
       (D) Administrative and judicial review.--
       (i) In general.--There may be no review of a determination 
     by the Secretary, after a search required by subparagraph 
     (B), that an alien is ineligible for an adjustment of status, 
     under any provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) on criminal, security, or related 
     grounds except as provided in this subparagraph.
       (ii) Administrative review.--An alien may appeal a 
     determination described in clause (i) through the 
     Administrative Appeals Office of the Bureau of Citizenship 
     and Immigration Services. The Secretary shall ensure that a 
     determination on such appeal is made not later than 60 days 
     after the date that the appeal is filed.
       (iii) Judicial review.--There may be no judicial review of 
     a determination described in clause (i).

     SEC. 507. STUDENT VISAS.

       (a) In General.--Section 101(a)(15)(F) (8 U.S.C. 
     1101(a)(15)(F)) is amended--
       (1) in clause (i)--
       (A) by striking ``he has no intention of abandoning, who 
     is'' and inserting the following: ``except in the case of an 
     alien described in clause (iv), the alien has no intention of 
     abandoning, who is--
       ``(I)'';
       (B) by striking ``consistent with section 214(l)'' and 
     inserting ``(except for a graduate program described in 
     clause (iv)) consistent with section 214(m)'';
       (C) by striking the comma at the end and inserting the 
     following: ``; or
       ``(II) engaged in temporary employment for optional 
     practical training related to the alien's area of study, 
     which practical training shall be authorized for a period or 
     periods of up to 24 months;'';
       (2) in clause (ii)--
       (A) by inserting ``or (iv)'' after ``clause (i)''; and
       (B) by striking ``, and'' and inserting a semicolon; 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

[[Page S9950]]

       ``(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) Off Campus Work Authorization for Foreign Students.--
       (1) In general.--Aliens admitted as nonimmigrant students 
     described in section 101(a)(15)(F) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in 
     an off-campus position unrelated to the alien's field of 
     study if--
       (A) the alien has enrolled full-time at the educational 
     institution and is maintaining good academic standing;
       (B) the employer provides the educational institution and 
     the Secretary of Labor with an attestation that the 
     employer--
       (i) has spent at least 21 days recruiting United States 
     citizens to fill the position; and
       (ii) will pay the alien and other similarly situated 
     workers at a rate equal to not less than the greater of--

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

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

     SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

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

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

       (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``(beginning with fiscal year 1992)''; and
       (B) in subparagraph (A)--
       (i) in clause (vii), by striking ``each succeeding fiscal 
     year; or'' and inserting ``each of fiscal years 2004, 2005, 
     and 2006;''; and
       (ii) by adding after clause (vii) the following:
       ``(viii) 115,000 in the first fiscal year beginning after 
     the date of the enactment of this clause; and
       ``(ix) the number calculated under paragraph (9) in each 
     fiscal year after the year described in clause (viii); or'';
       (2) in paragraph (5)--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(D) has earned an advanced degree in science, technology, 
     engineering, or math.'';
       (3) by redesignating paragraphs (9), (10), and (11) as 
     paragraphs (10), (11), and (12), respectively; and
       (4) by inserting after paragraph (8) the following:
       ``(9) If the numerical limitation in paragraph (1)(A)--
       ``(A) is reached during a given fiscal year, the numerical 
     limitation under paragraph (1)(A)(ix) for the subsequent 
     fiscal year shall be equal to 120 percent of the numerical 
     limitation of the given fiscal year; or
       ``(B) is not reached during a given fiscal year, the 
     numerical limitation under paragraph (1)(A)(ix) for the 
     subsequent fiscal year shall be equal to the numerical 
     limitation of the given fiscal year.''.
       (d) Applicability.--The amendment made by subsection (c)(2) 
     shall apply to any visa application--
       (1) pending on the date of the enactment of this Act; or
       (2) filed on or after such date of enactment.
       (e) Worldwide Level of Immigrants With Advanced Degrees.--
     Section 201 (8 U.S.C. 1151) is amended--
       (1) in subsection (a)(3), by inserting ``and immigrants 
     with advanced degrees'' after ``diversity immigrants''; and
       (2) by amending subsection (e) to read as follows:
       ``(e) Worldwide Level of Diversity Immigrants and 
     Immigrants With Advanced Degrees.--
       ``(1) Diversity immigrants.--The worldwide level of 
     diversity immigrants described in section 203(c)(1) is equal 
     to 18,333 for each fiscal year.
       ``(2) Immigrants with advanced degrees.--The worldwide 
     level of immigrants

[[Page S9951]]

     with advanced degrees described in section 203(c)(2) is equal 
     to 36,667 for each fiscal year.''.
       (f) Immigrants With Advanced Degrees.--Section 203 (8 
     U.S.C. 1153(c)) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``paragraph (2), aliens 
     subject to the worldwide level specified in section 201(e)'' 
     and inserting ``paragraphs (2) and (3), aliens subject to the 
     worldwide level specified in section 201(e)(1)'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) Aliens who hold an advanced degree in science, 
     mathematics, technology, or engineering.--
       ``(A) In general.--Qualified immigrants who hold a master's 
     or doctorate degree in the life sciences, the physical 
     sciences, mathematics, technology, or engineering from an 
     accredited university in the United States, or an equivalent 
     foreign degree, shall be allotted visas each fiscal year in a 
     number not to exceed the worldwide level specified in section 
     201(e)(2).
       ``(B) Economic considerations.--Beginning on the date which 
     is 1 year after the date of the enactment of this paragraph, 
     the Secretary of State, in consultation with the Secretary of 
     Commerce and the Secretary of Labor, and after notice and 
     public hearing, shall determine which of the degrees 
     described in subparagraph (A) will provide immigrants with 
     the knowledge and skills that are most needed to meet 
     anticipated workforce needs and protect the economic security 
     of the United States.'';
       (D) in paragraph (3), as redesignated, by striking ``this 
     subsection'' each place it appears and inserting ``paragraph 
     (1)''; and
       (E) by amending paragraph (4), as redesignated, to read as 
     follows:
       ``(4) Maintenance of information.--
       ``(A) Diversity immigrants.--The Secretary of State shall 
     maintain information on the age, occupation, education level, 
     and other relevant characteristics of immigrants issued visas 
     under paragraph (1).
       ``(B) Immigrants with advanced degrees.--The Secretary of 
     State shall maintain information on the age, degree 
     (including field of study), occupation, work experience, and 
     other relevant characteristics of immigrants issued visas 
     under paragraph (2).''; and
       (2) in subsection (e)--
       (A) in paragraph (2), by striking ``(c)'' and inserting 
     ``(c)(1)'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) Immigrant visas made available under subsection 
     (c)(2) shall be issued as follows:
       ``(A) If the Secretary of State has not made a 
     determination under subsection (c)(2)(B), immigrant visas 
     shall be issued in a strictly random order established by the 
     Secretary for the fiscal year involved.
       ``(B) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have a degree selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall issue 
     immigrant visas only to such immigrants and in a strictly 
     random order established by the Secretary for the fiscal year 
     involved.
       ``(C) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have degrees selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is not greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall--
       ``(i) issue immigrant visas to eligible qualified 
     immigrants with degrees selected in subsection (c)(2)(B); and
       ``(ii) issue any immigrant visas remaining thereafter to 
     other eligible qualified immigrants with degrees described in 
     subsection (c)(2)(A) in a strictly random order established 
     by the Secretary for the fiscal year involved.''.
       (g) Effective Date.--The amendments made by subsections (e) 
     and (f) shall take effect on October 1, 2006.

     SEC. 509. CHILDREN OF FILIPINO WORLD WAR II VETERANS.

       Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by 
     sections 505 and 508, is further amended by adding at the end 
     the following:
       ``(J) Aliens who are eligible for a visa under paragraph 
     (1) or (3) of section 203(a) and are the children of a 
     citizen of the United States who was naturalized pursuant to 
     section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 
     note).''.

     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

[[Page S9952]]

     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, 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--

[[Page S9953]]

       ``(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 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--

[[Page S9954]]

       (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 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

[[Page S9955]]

     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 section 
     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 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),

[[Page S9956]]

     (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.

     TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED 
                              INDIVIDUALS

  Subtitle A--Access to Earned Adjustment and Mandatory Departure and 
                                Reentry

     SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE 
                   AND REENTRY.

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

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

       ``(a) Adjustment of Status.--
       ``(1) Principal aliens.--Notwithstanding any other 
     provision of law, including section 244(h) of this Act, the 
     Secretary of Homeland Security shall adjust to the status of 
     an alien lawfully admitted for permanent residence, an alien 
     who satisfies the following requirements:
       ``(A) Application.--The alien shall file an application 
     establishing eligibility for adjustment of status and pay the 
     fine required under subsection (m) and any additional amounts 
     owed under that subsection.
       ``(B) Continuous physical presence.--
       ``(i) In general.--The alien shall establish that the 
     alien--

       ``(I) was physically present in the United States on or 
     before the date that is 5 years before April 5, 2006;
       ``(II) was not legally present in the United States on 
     April 5, 2006, under any classification set forth in section 
     101(a)(15); and
       ``(III) did not depart from the United States during the 5-
     year period ending on April 5, 2006, except for brief, 
     casual, and innocent departures.

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

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

       ``(ii) Exceptions.--

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

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

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

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

       ``(II) Other documents.--An alien who is unable to submit a 
     document described in subclause (I) may satisfy the 
     requirement in clause (i) by submitting to the Secretary at 
     least 2 other types of reliable documents that provide 
     evidence of employment for each required period of 
     employment, including--

       ``(aa) bank records;
       ``(bb) business records;
       ``(cc) sworn affidavits from non-relatives who have direct 
     knowledge of the alien's work, including the name, address, 
     and phone number of the affiant, the nature and duration of 
     the relationship between the affiant and the alien, and other 
     verification information; or
       ``(dd) remittance records.
       ``(v) Burden of proof.--An alien applying for adjustment of 
     status under this subsection has the burden of proving by a 
     preponderance of the evidence that the alien has satisfied 
     the employment requirements in clause (i). Once the burden is 
     met, the burden shall shift to the Secretary of Homeland 
     Security to disprove the alien's evidence with a showing 
     which negates the reasonableness of the inference to be drawn 
     from the evidence.
       ``(E) Payment of income taxes.--
       ``(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.
       ``(i) In general.--The alien may satisfy such requirement 
     by establishing that--
       ``(I) no such tax liability exists;
       ``(II) all outstanding liabilities have been met; or
       ``(III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service and with the department of revenue of each State to 
     which taxes are owed.
       ``(ii) Limitation.--Provided further that an alien required 
     to pay taxes under this subparagraph, or who otherwise 
     satisfies the requirements of clause (i), shall not be 
     allowed to collect any tax refund for any taxable year prior 
     to 2006, or to file any claim for the Earned Income Tax 
     Credit, or any other tax credit otherwise allowable under the 
     tax code, prior to such taxable year.
       ``(F) Basic citizenship skills.--
       ``(i) In general.--Except as provided in clause (ii), the 
     alien shall demonstrate that the alien meets the requirements 
     of section 312(a) (relating to English proficiency and 
     understanding of United States history and Government).
       ``(ii) Exceptions.--

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

       ``(G) Security and law enforcement clearances.--The alien 
     shall submit fingerprints in accordance with procedures 
     established by the Secretary of Homeland Security. Such 
     fingerprints shall be submitted to relevant Federal agencies 
     to be checked against existing databases for information 
     relating to criminal, national security, or other law 
     enforcement actions that would render the alien ineligible 
     for adjustment of status under this subsection. The relevant 
     Federal agencies shall work to ensure that such clearances 
     are completed within 90 days of the submission of 
     fingerprints. An appeal of a security clearance determination 
     by the Secretary of Homeland Security shall be processed 
     through the Department of Homeland Security.
       ``(H) Military selective service.--The alien shall 
     establish that if the alien is within the age period required 
     under the Military Selective Service Act (50 U.S.C. App. 451 
     et seq.) that such alien has registered under that Act.
       ``(I) Adjustment of status.--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.
       ``(2) Spouses and children.--
       ``(A) In general.--
       ``(i) Adjustment of status.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall, 
     if otherwise eligible under subparagraph (B), adjust the 
     status to that of a lawful permanent resident for--

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

[[Page S9957]]

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

       ``(aa) the termination of the qualifying relationship was 
     connected to domestic violence; or
       ``(bb) the spouse or child has been battered or subjected 
     to extreme cruelty by the spouse or parent who adjusts status 
     or is eligible to adjust status to that of a permanent 
     resident under paragraph (1).
       ``(ii) Application of other law.--In acting on applications 
     filed under this paragraph with respect to aliens who have 
     been battered or subjected to extreme cruelty, the Secretary 
     of Homeland Security shall apply the provisions of section 
     204(a)(1)(J) and the protections, prohibitions, and penalties 
     under section 384 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
       ``(B) Grounds of inadmissibility not applicable.--In 
     establishing admissibility to the United States, the spouse 
     or child described in subparagraph (A) shall establish that 
     they are not inadmissible under section 212(a), except for 
     any provision of that section that is waived under subsection 
     (b) of this section.
       ``(C) Security and law enforcement clearance.--The spouse 
     or child, if that child is 14 years of age or older, 
     described in subparagraph (A) shall submit fingerprints in 
     accordance with procedures established by the Secretary of 
     Homeland Security. Such fingerprints shall be submitted to 
     relevant Federal agencies to be checked against existing 
     databases for information relating to criminal, national 
     security, or other law enforcement actions that would render 
     the alien ineligible for adjustment of status under this 
     subsection. The relevant Federal agencies shall work to 
     ensure that such clearances are completed within 90 days of 
     the submission of fingerprints. An appeal of a denial by the 
     Secretary of Homeland Security shall be processed through the 
     Department of Homeland Security.
       ``(3) Nonapplicability of numerical limitations.--When an 
     alien is granted lawful permanent resident status under this 
     subsection, the number of immigrant visas authorized to be 
     issued under any provision of this Act shall not be reduced.
       ``(b) Grounds of Inadmissibility.--
       ``(1) Applicable provisions.--In the determination of an 
     alien's admissibility under paragraphs (1)(C) and (2) of 
     subsection (a), the following provisions of section 212(a) 
     shall apply and may not be waived by the Secretary of 
     Homeland Security under paragraph (3)(A):
       ``(A) Paragraph (1) (relating to health).
       ``(B) Paragraph (2) (relating to criminals).
       ``(C) Paragraph (3) (relating to security and related 
     grounds).
       ``(D) Subparagraphs (A) and (C) of paragraph (10) (relating 
     to polygamists and child abductors).
       ``(2) Grounds of inadmissibility not applicable.--The 
     provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), 
     (6)(G), (7), (9) (other than subparagraph (C)(i)(II)), and 
     (10)(B) of section 212(a) shall not apply to an alien who is 
     applying for adjustment of status under subsection (a).
       ``(3) Waiver of other grounds.--
       ``(A) In general.--Except as provided in paragraph (1), the 
     Secretary of Homeland Security may waive any provision of 
     section 212(a) in the case of individual aliens for 
     humanitarian purposes, to ensure family unity, or when it is 
     otherwise in the public interest.
       ``(B) Construction.--Nothing in this paragraph shall be 
     construed as affecting the authority of the Secretary of 
     Homeland Security, other than under this subparagraph, to 
     waive the provisions of section 212(a).
       ``(4) Special rule for determination of public charge.--An 
     alien is not ineligible for adjustment of status under 
     subsection (a) by reason of a ground of inadmissibility under 
     section 212(a)(4) if the alien establishes a history of 
     employment in the United States evidencing self-support 
     without public cash assistance.
       ``(5) Special rule for individuals where there is no 
     commercial purpose.--An alien is not ineligible for 
     adjustment of status under subsection (a) by reason of a 
     ground of inadmissibility under section 212(a)(6)(E) if the 
     alien establishes that the action referred to in that section 
     was taken for humanitarian purposes, to ensure family unity, 
     or was otherwise in the public interest.
       ``(6) Applicability of other provisions.--Section 241(a)(5) 
     and section 240B(d) shall not apply with respect to an alien 
     who is applying for adjustment of status under subsection 
     (a).
       ``(7) Ineligibility.--
       ``(A) In general.--An alien is ineligible for adjustment to 
     lawful permanent resident status under this section if--
       ``(i) the alien has been ordered removed from the United 
     States--

       ``(I) for overstaying the period of authorized admission 
     under section 217;
       ``(II) under section 235 or 238; or
       ``(III) pursuant to a final order of removal under section 
     240;

       ``(ii) the alien failed to depart the United States during 
     the period of a voluntary departure order issued under 
     section 240B;
       ``(iii) the alien is subject to section 241(a)(5);
       ``(iv) the Secretary of Homeland Security determines that--

       ``(I) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(II) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(III) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States; or

       ``(v) the alien has been convicted of a felony or 3 or more 
     misdemeanors.
       ``(B) Exception.--Notwithstanding subparagraph (A), an 
     alien who has not been ordered removed from the United States 
     shall remain eligible for adjustment to lawful permanent 
     resident status under this section if the alien's 
     ineligibility under subparagraph (A) is solely related to the 
     alien's--
       ``(i) entry into the United States without inspection;
       ``(ii) remaining in the United States beyond the period of 
     authorized admission; or
       ``(iii) failure to maintain legal status while in the 
     United States.
       ``(C) Waiver.--The Secretary may, in the Secretary's sole 
     and unreviewable discretion, waive the application of 
     subparagraph (A) if the alien was ordered removed on the 
     basis that the alien--
       ``(i) entered without inspection;
       ``(ii) failed to maintain status; or
       ``(iii) was ordered removed under 212(a)(6)(C)(i) prior to 
     April 7, 2006,
     and--
       ``(i) demonstrates that the alien did not receive notice of 
     removal proceedings in accordance with paragraph (1) or (2) 
     of section 239(a); or
       ``(ii) establishes that the alien's failure to appear was 
     due to exceptional circumstances beyond the control of the 
     alien; or
       ``(iii) the alien's departure from the United States now 
     would result in extreme hardship to the alien's spouse, 
     parent, or child who is a citizen of the United States or an 
     alien lawfully admitted for permanent residence.
       ``(c) Treatment of Applicants.--
       ``(1) In general.--An alien who files an application under 
     subsection (a)(1)(A) for adjustment of status, including a 
     spouse or child who files for adjustment of status under 
     subsection (b)--
       ``(A) shall be granted employment authorization pending 
     final adjudication of the alien's application for adjustment 
     of status;
       ``(B) shall be granted permission to travel abroad pursuant 
     to regulation pending final adjudication of the alien's 
     application for adjustment of status;
       ``(C) shall not be detained, determined inadmissible or 
     deportable, or removed pending final adjudication of the 
     alien's application for adjustment of status, unless the 
     alien commits an act which renders the alien ineligible for 
     such adjustment of status; and
       ``(D) shall not be considered an unauthorized alien as 
     defined in section 274A(i) until such time as employment 
     authorization under subparagraph (A) is denied.
       ``(2) Document of authorization.--The Secretary of Homeland 
     Security shall provide each alien described in paragraph (1) 
     with a counterfeit-resistant document of authorization that--
       ``(A) meets all current requirements established by the 
     Secretary of Homeland Security for travel documents, 
     including the requirements under section 403 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note); and
       ``(B) reflects the benefits and status set forth in 
     paragraph (1).
       ``(3) Security and law enforcement clearance.--Before an 
     alien is granted employment authorization or permission to 
     travel under paragraph (1), the alien shall be required to 
     undergo a name check against existing databases for 
     information relating to criminal, national security, or other 
     law enforcement actions. The relevant Federal agencies shall 
     work to ensure that such name checks are completed not later 
     than 90 days after the date on which the name check is 
     requested.
       ``(4) Termination of proceedings.--An alien in removal 
     proceedings who establishes prima facie eligibility for 
     adjustment of status under subsection (a) shall be entitled 
     to termination of the proceedings pending the outcome of the 
     alien's application, unless the removal proceedings are based 
     on criminal or national security grounds.
       ``(e) Confidentiality of Information.--
       ``(1) In general.--Except as otherwise provided in this 
     section, no Federal agency or bureau, nor any officer or 
     employee of such agency or bureau, may--
       ``(A) use the information furnished by the applicant 
     pursuant to an application filed under paragraph (1) or (2) 
     of subsection (a) for any purpose other than to make a 
     determination on the application;
       ``(B) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       ``(C) permit anyone other than the sworn officers and 
     employees of such agency, bureau, or approved entity, as 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed.
       ``(2) Required disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     paragraph (1) or (2) of subsection (a), and any other 
     information derived from such furnished information, to a 
     duly recognized law enforcement entity in connection with a 
     criminal investigation or prosecution or a

[[Page S9958]]

     national security investigation or prosecution, in each 
     instance about an individual suspect or group of suspects, 
     when such information is requested in writing by such entity.
       ``(3) Criminal penalty.--Any person who knowingly uses, 
     publishes, or permits information to be examined in violation 
     of this subsection shall be fined not more than $10,000.
       ``(f) Penalties for False Statements in Applications.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person to--
       ``(i) file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     willfully falsify, conceal, or cover up a material fact or 
     make any false, fictitious, or fraudulent statements or 
     representations, or make or use any false writing or document 
     knowing the same to contain any false, fictitious, or 
     fraudulent statement or entry; or
       ``(ii) create or supply a false writing or document for use 
     in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, or imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States.
       ``(3) Exception.--Notwithstanding paragraphs (1) and (2), 
     any alien or other entity (including an employer or union) 
     that submits an employment record that contains incorrect 
     data that the alien used in order to obtain such employment, 
     shall not have violated this subsection.
       ``(g) Ineligibility for Public Benefits.--For purposes of 
     section 403 of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an 
     alien whose status has been adjusted in accordance with 
     subsection (a) shall not be eligible for any Federal means-
     tested public benefit unless the alien meets the alien 
     eligibility criteria for such benefit under title IV of such 
     Act (8 U.S.C. 1601 et seq.).
       ``(h) Relationships of Application to Certain Orders.--
       ``(1) In general.--An alien who is present in the United 
     States and has been ordered excluded, deported, removed, or 
     to depart voluntarily from the United States or is subject to 
     reinstatement of removal under any provision of this Act may, 
     notwithstanding such order, apply for adjustment of status 
     under subsection (a). Such an alien shall not be required, as 
     a condition of submitting or granting such application, to 
     file a separate motion to reopen, reconsider, or vacate the 
     exclusion, deportation, removal or voluntary departure order. 
     If the Secretary of Homeland Security grants the application, 
     the order shall be canceled. If the Secretary of Homeland 
     Security renders a final administrative decision to deny the 
     application, such order shall be effective and enforceable. 
     Nothing in this paragraph shall affect the review or stay of 
     removal under subsection (j).
       ``(2) Stay of removal.--The filing of an application 
     described in paragraph (1) shall stay the removal or 
     detainment of the alien pending final adjudication of the 
     application, unless the removal or detainment of the alien is 
     based on criminal or national security grounds.
       ``(i) Application of Other Provisions.--Nothing in this 
     section shall preclude an alien who may be eligible to be 
     granted adjustment of status under subsection (a) from 
     seeking such status under any other provision of law for 
     which the alien may be eligible.
       ``(j) Administrative and Judicial Review.--
       ``(1) In general.--Except as provided in this subsection, 
     there shall be no administrative or judicial review of a 
     determination respecting an application for adjustment of 
     status under subsection (a).
       ``(2) Administrative review.--
       ``(A) Single level of administrative appellate review.--The 
     Secretary of Homeland Security shall establish an appellate 
     authority to provide for a single level of administrative 
     appellate review of a determination respecting an application 
     for adjustment of status under subsection (a).
       ``(B) Standard for review.--Administrative appellate review 
     referred to in subparagraph (A) shall be based solely upon 
     the administrative record established at the time of the 
     determination on the application and upon the presentation of 
     additional or newly discovered evidence during the time of 
     the pending appeal.
       ``(3) Judicial review.--
       ``(A) Direct review.--A person whose application for 
     adjustment of status under subsection (a) is denied after 
     administrative appellate review under paragraph (2) may seek 
     review of such denial, in accordance with chapter 7 of title 
     5, United States Code, before the United States district 
     court for the district in which the person resides.
       ``(B) Review after removal proceedings.--There shall be 
     judicial review in the Federal courts of appeal of the denial 
     of an application for adjustment of status under subsection 
     (a) in conjunction with judicial review of an order of 
     removal, deportation, or exclusion, but only if the validity 
     of the denial has not been upheld in a prior judicial 
     proceeding under subparagraph (A). Notwithstanding any other 
     provision of law, the standard for review of such a denial 
     shall be governed by subparagraph (C).
       ``(C) Standard for judicial review.--Judicial review of a 
     denial of an application under this section shall be based 
     solely upon the administrative record established at the time 
     of the review. The findings of fact and other determinations 
     contained in the record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record, considered as a whole.
       ``(4) Stay of removal.--Aliens seeking administrative or 
     judicial review under this subsection shall not be removed 
     from the United States until a final decision is rendered 
     establishing ineligibility under this section, unless such 
     removal is based on criminal or national security grounds.
       ``(k) Dissemination of Information on Adjustment Program.--
     During the 12 months following the issuance of final 
     regulations in accordance with subsection (o), the Secretary 
     of Homeland Security, in cooperation with approved entities, 
     approved by the Secretary of Homeland Security, shall broadly 
     disseminate information respecting adjustment of status under 
     this section and the requirements to be satisfied to obtain 
     such status. The Secretary of Homeland Security shall also 
     disseminate information to employers and labor unions to 
     advise them of the rights and protections available to them 
     and to workers who file applications under this section. Such 
     information shall be broadly disseminated, in the languages 
     spoken by the top 15 source countries of the aliens who would 
     qualify for adjustment of status under this section, 
     including to television, radio, and print media such aliens 
     would have access to.
       ``(l) Employer Protections.--
       ``(1) Immigration status of alien.--Employers of aliens 
     applying for adjustment of status under this section shall 
     not be subject to civil and criminal tax liability relating 
     directly to the employment of such alien.
       ``(2) Provision of employment records.--Employers that 
     provide unauthorized aliens with copies of employment records 
     or other evidence of employment pursuant to an application 
     for adjustment of status under this section or any other 
     application or petition pursuant to other provisions of the 
     immigration laws, shall not be subject to civil and criminal 
     liability pursuant to section 274A for employing such 
     unauthorized aliens.
       ``(3) Applicability of other law.--Nothing in this 
     subsection shall be used to shield an employer from liability 
     pursuant to section 274B or any other labor and employment 
     law provisions.
       ``(m) Authorization of Funds; Fines.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Department of Homeland 
     Security such sums as are necessary to commence the 
     processing of applications filed under this section.
       ``(2) Fine.--An alien who files an application under this 
     section shall pay a fine commensurate with levels charged by 
     the Department of Homeland Security for other applications 
     for adjustment of status.
       ``(3) Additional amounts owed.--Prior to the adjudication 
     of an application for adjustment of status filed under this 
     section, the alien shall pay an amount equaling $2,000, but 
     such amount shall not be required from an alien under the age 
     of 18.
       ``(4) Use of amounts collected.--The Secretary of Homeland 
     Security shall deposit payments received under paragraphs (2) 
     and (3) in the Immigration Examinations Fee Account, and 
     these payments in such account shall be available, without 
     fiscal year limitation, such that--
       ``(A) 80 percent of such funds shall be available to the 
     Department of Homeland Security for border security purposes;
       ``(B) 10 percent of such funds shall be available to the 
     Department of Homeland Security for implementing and 
     processing applications under this section; and
       ``(C) 10 percent of such funds shall be available to the 
     Department of Homeland Security and the Department of State 
     to cover administrative and other expenses incurred in 
     connection with the review of applications filed by immediate 
     relatives of aliens applying for adjustment of status under 
     this section.
       ``(5) State impact assistance fee.--
       ``(A) In general.--In addition to any other amounts 
     required to be paid under this subsection, an alien shall 
     submit, at the time the alien files an application under this 
     section, a State impact assistance fee equal to--
       ``(i) $750 for the principal alien; and
       ``(ii) $100 for the spouse and each child described in 
     subsection (a)(2).
       ``(B) Use of fee.--The fees collected under subparagraph 
     (A) shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
       ``(n) Mandatory Departure and Reentry.--Any alien who was 
     physically present in the United States on January 7, 2004, 
     who seeks to adjust status under this section, but does not 
     satisfy the requirements of subparagraph (B) or (D) of 
     subsection (a)(1), shall be eligible to depart the United 
     States and to seek admission as a nonimmigrant or an 
     immigrant alien described in section 245C.
       ``(o) Issuance of Regulations.--Not later than 120 days 
     after the date of enactment of the Immigrant Accountability 
     Act of 2006, the Secretary of Homeland Security shall issue 
     regulations to implement this section.''.

[[Page S9959]]

       (2) Table of contents.--The table of contents (8 U.S.C. 
     1101 et seq.) is amended by inserting after the item relating 
     to section 245A the following:

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

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

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

       ``(a) In General.--The Secretary of Homeland Security may 
     grant Deferred Mandatory Departure status to aliens who are 
     in the United States illegally to allow such aliens time to 
     depart the United States and to seek admission as a 
     nonimmigrant or immigrant alien.
       ``(b) Requirements.--Notwithstanding section 244(h), an 
     alien desiring an adjustment of status under subsection (a) 
     shall meet the following requirements:
       ``(1) Presence.--The alien shall establish that the alien--
       ``(A) was physically present in the United States on 
     January 7, 2004;
       ``(B) has been continuously in the United States since such 
     date, except for brief, casual, and innocent departures; and
       ``(C) was not legally present in the United States on that 
     date under any classification set forth in section 
     101(a)(15).
       ``(2) Employment.--
       ``(A) In general.--The alien shall establish that the 
     alien--
       ``(i) was employed in the United States, whether full time, 
     part time, seasonally, or self-employed, before January 7, 
     2004; and
       ``(ii) has been continuously employed in the United States 
     since that date, except for brief periods of unemployment 
     lasting not longer than 60 days.
       ``(B) Evidence of employment.--
       ``(i) In general.--An alien may conclusively establish 
     employment status in compliance with subparagraph (A) by 
     submitting to the Secretary of Homeland Security records 
     demonstrating such employment maintained by--

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

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

       ``(I) bank records;
       ``(II) business records;
       ``(III) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work, including the name, address, 
     and phone number of the affiant, the nature and duration of 
     the relationship between the affiant and the alien, and other 
     verification information; or
       ``(IV) remittance records.

       ``(iii) Intent of congress.--It is the intent of Congress 
     that the requirement in this subsection be interpreted and 
     implemented in a manner that recognizes and takes into 
     account the difficulties encountered by aliens in obtaining 
     evidence of employment due to the undocumented status of the 
     alien.
       ``(iv) Burden of proof.--An alien who is applying for 
     adjustment of status under this section has the burden of 
     proving by a preponderance of the evidence that the alien has 
     satisfied the requirements of this subsection. An alien may 
     meet such burden of proof by producing sufficient evidence to 
     demonstrate such employment as a matter of reasonable 
     inference.
       ``(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.
       ``(3) Admissibility.--
       ``(A) In general.--The alien shall establish that such 
     alien--
       ``(i) is admissible to the United States, except as 
     provided as in (B); and
       ``(ii) has not assisted in the persecution of any person or 
     persons on account of race, religion, nationality, membership 
     in a particular social group, or political opinion.
       ``(B) Grounds not applicable.--The provisions of paragraphs 
     (5), (6)(A), (7), and (9)(B) of section 212(a) shall not 
     apply.
       ``(C) Waiver.--The Secretary of Homeland Security may waive 
     any other provision of section 212(a), or a ground of 
     ineligibility under paragraph (4), in the case of individual 
     aliens for humanitarian purposes, to assure family unity, or 
     when it is otherwise in the public interest.
       ``(4) Ineligibility.--
       ``(A) In general.--The alien is ineligible for Deferred 
     Mandatory Departure status if the alien--
       ``(i) has been ordered removed from the United States--

       ``(I) for overstaying the period of authorized admission 
     under section 217;
       ``(II) under section 235 or 238; or
       ``(III) pursuant to a final order of removal under section 
     240;

       ``(ii) the alien failed to depart the United States during 
     the period of a voluntary departure order issued under 
     section 240B;
       ``(iii) the alien is subject to section 241(a)(5);
       ``(iv) the Secretary of Homeland Security determines that--

       ``(I) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(II) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(III) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States; or

       ``(v) the alien has been convicted of a felony or 3 or more 
     misdemeanors.
       ``(B) Exception.--Notwithstanding subparagraph (A), an 
     alien who has not been ordered removed from the United States 
     shall remain eligible for adjustment to lawful permanent 
     resident status under this section if the alien's 
     ineligibility under subparagraph (A) is solely related to the 
     alien's--
       ``(i) entry into the United States without inspection;
       ``(ii) remaining in the United States beyond the period of 
     authorized admission; or
       ``(iii) failure to maintain legal status while in the 
     United States.
       ``(C) Waiver.--The Secretary may, in the Secretary's sole 
     and unreviewable discretion, waive the application of 
     subparagraph (A) if the alien was ordered removed on the 
     basis that the alien--
       ``(i) entered without inspection;
       ``(ii) failed to maintain status; or
       ``(iii) was ordered removed under 212(a)(6)(C)(i) prior to 
     April 7, 2006,

     and--
       ``(i) demonstrates that the alien did not receive notice of 
     removal proceedings in accordance with paragraph (1) or (2) 
     of section 239(a); or
       ``(ii) establishes that the alien's failure to appear was 
     due to exceptional circumstances beyond the control of the 
     alien; or
       ``(iii) the alien's departure from the United States now 
     would result in extreme hardship to the alien's spouse, 
     parent, or child who is a citizen of the United States or an 
     alien lawfully admitted for permanent residence.
       ``(5) Medical examination.--The alien may be required, at 
     the alien's expense, to undergo such a medical examination 
     (including a determination of immunization status) as is 
     appropriate and conforms to generally accepted professional 
     standards of medical practice.
       ``(6) Termination.--The Secretary of Homeland Security may 
     terminate an alien's Deferred Mandatory Departure status if--
       ``(A) the Secretary of Homeland Security determines that 
     the alien was not in fact eligible for such status; or
       ``(B) the alien commits an act that makes the alien 
     removable from the United States.
       ``(7) Application content and waiver.--
       ``(A) Application form.--The Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of obtaining Deferred 
     Mandatory Departure status.
       ``(B) Content.--In addition to any other information that 
     the Secretary requires to determine an alien's eligibility 
     for Deferred Mandatory Departure, the Secretary shall require 
     an alien to answer questions concerning the alien's physical 
     and mental health, criminal history, gang membership, 
     renunciation of gang affiliation, immigration history, 
     involvement with groups or individuals that have engaged in 
     terrorism, genocide, persecution, or who seek the overthrow 
     of the United States Government, voter registration history, 
     claims to United States citizenship, and tax history.
       ``(C) Waiver.--The Secretary of Homeland Security shall 
     require an alien to include with the application a waiver of 
     rights that explains to the alien that, in exchange for the 
     discretionary benefit of obtaining Deferred Mandatory 
     Departure status, the alien agrees to waive any right to 
     judicial review or to contest any removal action, other than 
     on the basis of an application for asylum or restriction of 
     removal pursuant to the provisions contained in section 208 
     or 241(b)(3), or under the Convention Against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984, or cancellation of 
     removal pursuant to section 240A(a).
       ``(D) Knowledge.--The Secretary of Homeland Security shall 
     require an alien to include with the application a signed 
     certification in which the alien certifies that the alien has 
     read and understood all of the questions and statements on 
     the application form, and that the alien certifies under 
     penalty of perjury under the laws of the United States that 
     the application, and any evidence submitted with it, are all 
     true and correct, and that the applicant authorizes the 
     release of any information contained in the application and 
     any attached evidence for law enforcement purposes.
       ``(c) Implementation and Application Time Periods.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     ensure that the application process is secure and 
     incorporates antifraud protection. The Secretary of Homeland 
     Security shall interview an alien to determine eligibility 
     for Deferred Mandatory Departure status and shall utilize 
     biometric authentication at time of document issuance.
       ``(2) Initial receipt of applications.--The Secretary of 
     Homeland Security shall begin accepting applications for 
     Deferred Mandatory Departure status not later than 3

[[Page S9960]]

     months after the date on which the application form is first 
     made available.
       ``(3) Application.--An alien must submit an initial 
     application for Deferred Mandatory Departure status not later 
     than 6 months after the date on which the application form is 
     first made available. An alien that fails to comply with this 
     requirement is ineligible for Deferred Mandatory Departure 
     status. The provisions under subsections (e) and (f) of 
     section 245B shall apply to applications filed under this 
     section.
       ``(4) Completion of processing.--The Secretary of Homeland 
     Security shall ensure that all applications for Deferred 
     Mandatory Departure status are processed not later than 12 
     months after the date on which the application form is first 
     made available.
       ``(d) Security and Law Enforcement Background Checks.--An 
     alien may not be granted Deferred Mandatory Departure status 
     unless the alien submits biometric data in accordance with 
     procedures established by the Secretary of Homeland Security. 
     The Secretary of Homeland Security may not grant Deferred 
     Mandatory Departure status until all appropriate background 
     checks are completed to the satisfaction of the Secretary of 
     Homeland Security.
       ``(e) Acknowledgment.--
       ``(1) In general.--An alien who applies for Deferred 
     Mandatory Departure status shall submit to the Secretary of 
     Homeland Security--
       ``(A) an acknowledgment made in writing and under oath that 
     the alien--
       ``(i) is unlawfully present in the United States and 
     subject to removal or deportation, as appropriate, under this 
     Act; and
       ``(ii) understands the terms of the terms of Deferred 
     Mandatory Departure;
       ``(B) any Social Security account number or card in the 
     possession of the alien or relied upon by the alien;
       ``(C) any false or fraudulent documents in the alien's 
     possession.
       ``(2) Use of information.--None of the documents or other 
     information provided in accordance with paragraph (1) may be 
     used in a criminal proceeding against the alien providing 
     such documents or information.
       ``(f) Mandatory Departure.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     grant Deferred Mandatory Departure status to an alien who 
     meets the requirements of this section for a period not to 
     exceed 3 years.
       ``(2) Registration at time of departure.--An alien granted 
     Deferred Mandatory Departure shall--
       ``(A) depart from the United States before the expiration 
     of the period of Deferred Mandatory Departure status;
       ``(B) register with the Secretary of Homeland Security at 
     the time of departure; and
       ``(C) surrender any evidence of Deferred Mandatory 
     Departure status at the time of departure.
       ``(3) Application for readmission.--
       ``(A) In general.--An alien under this section may apply 
     for admission to the United States as an immigrant or 
     nonimmigrant while in the United States or from any location 
     outside of the United States, but may not be granted 
     admission until the alien has departed from the United States 
     in accordance with paragraph (2).
       ``(B) Approval.--The Secretary may approve an application 
     under subparagraph (A) during the period in which the alien 
     is present in the United States under Deferred Mandatory 
     Departure status.
       ``(C) US-visit.--An alien in Deferred Mandatory Departure 
     status who is seeking admission as a nonimmigrant or 
     immigrant alien may exit the United States and immediately 
     reenter the United States at any land port of entry at which 
     the US-VISIT exit and entry system can process such alien for 
     admission into the United States.
       ``(D) Interview requirements.--Notwithstanding any other 
     provision of law, any admission requirement involving in-
     person interviews at a consulate of the United States shall 
     be waived for aliens granted Deferred Mandatory Departure 
     status under this section.
       ``(E) Waiver of numerical limitations.--The numerical 
     limitations under section 214 shall not apply to any alien 
     who is admitted as a nonimmigrant under this paragraph.
       ``(4) Effect of readmission on spouse or child.--The spouse 
     or child of an alien granted Deferred Mandatory Departure and 
     subsequently granted an immigrant or nonimmigrant visa before 
     departing the United States shall be--
       ``(A) deemed to have departed under this section upon the 
     successful admission of the principal alien; and
       ``(B) eligible for the derivative benefits associated with 
     the immigrant or nonimmigrant visa granted to the principal 
     alien without regard to numerical caps related to such visas.
       ``(5) Waivers.--The Secretary of Homeland Security may 
     waive the departure requirement under this subsection if the 
     alien--
       ``(A) is granted an immigrant or nonimmigrant visa; and
       ``(B) can demonstrate that the departure of the alien would 
     create a substantial hardship on the alien or an immediate 
     family member of the alien.
       ``(6) Return in legal status.--An alien who complies with 
     the terms of Deferred Mandatory Departure status and who 
     departs before the expiration of such status--
       ``(A) shall not be subject to section 212(a)(9)(B);
       ``(B) if otherwise eligible, may immediately seek admission 
     as a nonimmigrant or immigrant; and
       ``(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).
       ``(7) Failure to depart.--An alien who fails to depart the 
     United States prior to the expiration of Mandatory Deferred 
     Departure status is not eligible and may not apply for or 
     receive any immigration relief or benefit under this Act or 
     any other law for a period of 10 years, with the exception of 
     section 208 or 241(b)(3) or the Convention Against Torture 
     and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, in the case 
     of an alien who indicates either an intention to apply for 
     asylum under section 208 or a fear of persecution or torture.
       ``(8) Penalties for delayed departure.--An alien who fails 
     to depart immediately shall be subject to--
       ``(A) no fine if the alien departs not later than 1 year 
     after the grant of Deferred Mandatory Departure;
       ``(B) a fine of $2,000 if the alien does not depart within 
     2 years after the grant of Deferred Mandatory Departure; and
       ``(C) a fine of $3,000 if the alien does not depart within 
     3 years after the grant of Deferred Mandatory Departure.
       ``(g) Evidence of Deferred Mandatory Departure Status.--
     Evidence of Deferred Mandatory Departure status shall be 
     machine-readable and tamper-resistant, shall allow for 
     biometric authentication, and shall comply with the 
     requirements under section 403 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note). The Secretary of Homeland Security is authorized 
     to incorporate integrated-circuit technology into the 
     document. The Secretary of Homeland Security shall consult 
     with the Forensic Document Laboratory in designing the 
     document. The document may serve as a travel, entry, and work 
     authorization document during the period of its validity. The 
     document may be accepted by an employer as evidence of 
     employment authorization and identity under section 274A(c).
       ``(h) Terms of Status.--
       ``(1) Reporting.--During the period of Deferred Mandatory 
     Departure, an alien shall comply with all registration 
     requirements under section 264.
       ``(2) Travel.--
       ``(A) An alien granted Deferred Mandatory Departure is not 
     subject to section 212(a)(9) for any unlawful presence that 
     occurred prior to the Secretary of Homeland Security granting 
     the alien Deferred Mandatory Departure status.
       ``(B) Under regulations established by the Secretary of 
     Homeland Security, an alien granted Deferred Mandatory 
     Departure--
       ``(i) may travel outside of the United States and may be 
     readmitted if the period of Deferred Mandatory Departure 
     status has not expired; and
       ``(ii) must establish at the time of application for 
     admission that the alien is admissible under section 212.
       ``(C) Effect on period of authorized admission.--Time spent 
     outside the United States under subparagraph (B) shall not 
     extend the period of Deferred Mandatory Departure status.
       ``(3) Benefits.--During the period in which an alien is 
     granted Deferred Mandatory Departure under this section--
       ``(A) the alien shall not be considered to be permanently 
     residing in the United States under the color of law and 
     shall be treated as a nonimmigrant admitted under section 
     214; and
       ``(B) the alien may be deemed ineligible for public 
     assistance by a State (as defined in section 101(a)(36)) or 
     any political subdivision thereof which furnishes such 
     assistance.
       ``(i) Prohibition on Change of Status or Adjustment of 
     Status.--
       ``(1) In general.--Before leaving the United States, an 
     alien granted Deferred Mandatory Departure status may not 
     apply to change status under section 248.
       ``(2) Adjustment of status.--An alien may not adjust to an 
     immigrant classification under this section until after the 
     earlier of--
       ``(A) the consideration of all applications filed under 
     section 201, 202, or 203 before the date of enactment of this 
     section; or
       ``(B) 8 years after the date of enactment of this section.
       ``(j) Application Fee.--
       ``(1) In general.--An alien seeking a grant of Deferred 
     Mandatory Departure status shall submit, in addition to any 
     other fees authorized by law, an application fee of $1,000.
       ``(2) Use of fee.--The fees collected under paragraph (1) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove 
     illegal aliens.
       ``(3) State impact assistance fee.--
       ``(A) In general.--In addition to any other amounts 
     required to be paid under this subsection, an alien seeking 
     Deferred Mandatory Departure status shall submit, at the time 
     the alien files an application under this section, a State 
     impact assistance fee equal to $750.
       ``(B) Use of fee.--The fees collected under subparagraph 
     (A) shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
       ``(k) Family Members.--
       ``(1) In general.--Subject to subsection (f)(4), the spouse 
     or child of an alien granted

[[Page S9961]]

     Deferred Mandatory Departure status is subject to the same 
     terms and conditions as the principal alien.
       ``(2) Application fee.--
       ``(A) In general.--The spouse or child of an alien seeking 
     Deferred Mandatory Departure status shall submit, in addition 
     to any other fee authorized by law, an additional fee of 
     $500.
       ``(B) Use of fee.--The fees collected under subparagraph 
     (A) shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove aliens 
     who are removable under section 237.
       ``(3) State impact assistance fee.--
       ``(A) In general.--In addition to any other amounts 
     required to be paid under this subsection, the spouse and 
     each child of an alien seeking Deferred Mandatory Departure 
     status shall submit a State impact assistance fee equal to 
     $100.
       ``(B) Use of fee.--The fees collected under subparagraph 
     (A) shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
       ``(l) Employment.--
       ``(1) In general.--An alien who has applied for or has been 
     granted Deferred Mandatory Departure status may be employed 
     in the United States.
       ``(2) Continuous employment.--An alien granted Deferred 
     Mandatory Departure status must be employed while in the 
     United States. An alien who fails to be employed for 60 days 
     is ineligible for hire until the alien has departed the 
     United States and reentered. The Secretary of Homeland 
     Security may reauthorize an alien for employment without 
     requiring the alien's departure from the United States.
       ``(m) Enumeration of Social Security Number.--The Secretary 
     of Homeland Security, in coordination with the Commissioner 
     of the Social Security system, shall implement a system to 
     allow for the enumeration of a Social Security number and 
     production of a Social Security card at the time the 
     Secretary of Homeland Security grants an alien Deferred 
     Mandatory Departure status.
       ``(n) Penalties for False Statements in Application for 
     Deferred Mandatory Departure.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person--
       ``(i) to file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     willfully falsify, misrepresent, conceal, or cover up a 
     material fact or make any false, fictitious, or fraudulent 
     statements or representations, or make or use any false 
     writing or document knowing the same to contain any false, 
     fictitious, or fraudulent statement or entry; or
       ``(ii) to create or supply a false writing or document for 
     use in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States on the ground described in 
     section 212(a)(6)(C)(i).
       ``(o) Relation to Cancellation of Removal.--With respect to 
     an alien granted Deferred Mandatory Departure status under 
     this section, the period of such status shall not be counted 
     as a period of physical presence in the United States for 
     purposes of section 240A(a), unless the Secretary of Homeland 
     Security determines that extreme hardship exists.
       ``(p) Waiver of Rights.--An alien is not eligible for 
     Deferred Mandatory Departure status, unless the alien has 
     waived any right under subsection (b)(7)(C), other than on 
     the basis of an application for asylum, restriction of 
     removal, or protection under the Convention Against Torture 
     and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, or 
     cancellation of removal pursuant to section 240A(a), any 
     action for deportation or removal of the alien that is 
     instituted against the alien subsequent to a grant of 
     Deferred Mandatory Departure status.
       ``(q) Denial of Discretionary Relief.--The determination of 
     whether an alien is eligible for a grant of Deferred 
     Mandatory Departure status is solely within the discretion of 
     the Secretary of Homeland Security. Notwithstanding any other 
     provision of law, no court shall have jurisdiction to 
     review--
       ``(1) any judgment regarding the granting of relief under 
     this section; or
       ``(2) any other decision or action of the Secretary of 
     Homeland Security the authority for which is specified under 
     this section to be in the discretion of the Secretary, other 
     than the granting of relief under section 208(a).
       ``(r) Judicial Review.--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to--
       ``(i) an order or notice denying an alien a grant of 
     Deferred Mandatory Departure status or any other benefit 
     arising from such status; or
       ``(ii) an order of removal, exclusion, or deportation 
     entered against an alien after a grant of Deferred Mandatory 
     Departure status; or
       ``(B) certify a class under Rule 23 of the Federal Rules of 
     Civil Procedure in any action for which judicial review is 
     authorized under a subsequent paragraph of this subsection.
       ``(2) Challenges to validity.--
       ``(A) In general.--Any right or benefit not otherwise 
     waived or limited pursuant this section is available in an 
     action instituted in the United States District Court for the 
     District of Columbia, but shall be limited to determinations 
     of--
       ``(i) whether such section, or any regulation issued to 
     implement such section, violates the Constitution of the 
     United States; or
       ``(ii) whether such a regulation, or a written policy 
     directive, written policy guideline, or written procedure 
     issued by or under the authority of the Secretary of Homeland 
     Security to implement such section, is not consistent with 
     applicable provisions of this section or is otherwise in 
     violation of law.''.
       (2) Table of contents.--The table of contents (8 U.S.C. 
     1101 et seq.), as amended by this subsection (b)(2), is 
     further amended by inserting after the item relating to 
     section 245B the following:

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

       (3) Conforming amendment.--Section 237(a)(2)(A)(i)(II) (8 
     U.S.C. 1227(a)(2)(A)(i)(II)) is amended by inserting ``(or 6 
     months in the case of an alien granted Deferred Mandatory 
     Departure status under section 245C)'' after ``imposed''.
       (4) Statutory construction.--Nothing in this subsection, or 
     any amendment made by this subsection, shall be construed to 
     create any substantive or procedural right or benefit that is 
     legally enforceable by any party against the United States or 
     its agencies or officers or any other person.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such amounts as may be necessary for 
     facilities, personnel (including consular officers), 
     training, technology, and processing necessary to carry out 
     the amendments made by this subsection.
       (d) Correction of Social Security Records.--Section 
     208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is 
     amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) whose status is adjusted to that of lawful permanent 
     resident under section 245B of the Immigration and 
     Nationality Act,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred prior to the date on 
     which the alien became lawfully admitted for temporary 
     residence.''.
       (e) State Impact Assistance Account.--Section 286 (8 U.S.C. 
     1356) is amended by inserting after subsection (w) the 
     following:
       ``(x) State Impact Assistance Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a separate account, which shall be known 
     as the `State Impact Assistance Account'.
       ``(2) Source of funds.--Notwithstanding any other provision 
     under this Act, there shall be deposited as offsetting 
     receipts into the State Impact Assistance Account all State 
     impact assistance fees collected under section 245B(m)(5) and 
     subsections (j)(3) and (k)(3) of section 245C.
       ``(3) Use of funds.--Amounts deposited into the State 
     Impact Assistance Account may only be used to carry out the 
     State Impact Assistance Grant Program established under 
     paragraph (4).
       ``(4) State impact assistance grant program.--
       ``(A) Establishment.--The Secretary of Health and Human 
     Services, in consultation with the Secretary of Education, 
     shall establish the State Impact Assistance Grant Program 
     (referred to in this section as the `Program'), under which 
     the Secretary may award grants to States to provide health 
     and education services to noncitizens in accordance with this 
     paragraph.
       ``(B) State allocations.--The Secretary of Health and Human 
     Services shall annually allocate the amounts available in the 
     State Impact Assistance Account among the States as follows:
       ``(i) Noncitizen population.--Eighty percent of such 
     amounts shall be allocated so that each State receives the 
     greater of--

       ``(I) $5,000,000; or
       ``(II) after adjusting for allocations under subclause (I), 
     the percentage of the amount to be distributed under this 
     clause that is equal to the noncitizen resident population of 
     the State divided by the noncitizen resident population of 
     all States, based on the most recent data available from the 
     Bureau of the Census.

       ``(ii) High growth rates.--Twenty percent of such amounts 
     shall be allocated among the 20 States with the largest 
     growth rates in noncitizen resident population, as determined 
     by the Secretary of Health and Human Services, so that each 
     such State receives the percentage of the amount distributed 
     under this clause that is equal to--

       ``(I) the growth rate in the noncitizen resident population 
     of the State during the most recent 3-year period for which 
     data is available from the Bureau of the Census; divided by
       ``(II) the average growth rate in noncitizen resident 
     population for the 20 States during such 3-year period.

[[Page S9962]]

       ``(iii) Legislative appropriations.--The use of grant funds 
     allocated to States under this paragraph shall be subject to 
     appropriation by the legislature of each State in accordance 
     with the terms and conditions under this paragraph.
       ``(C) Funding for local government.--
       ``(i) Distribution criteria.--Grant funds received by 
     States under this paragraph shall be distributed to units of 
     local government based on need and function.
       ``(ii) Minimum distribution.--Except as provided in clause 
     (iii), a State shall distribute not less than 30 percent of 
     the grant funds received under this paragraph to units of 
     local government not later than 180 days after receiving such 
     funds.
       ``(iii) Exception.--If an eligible unit of local government 
     that is available to carry out the activities described in 
     subparagraph (D) cannot be found in a State, the State does 
     not need to comply with clause (ii).
       ``(iv) Unexpended funds.--Any grant funds distributed by a 
     State to a unit of local government that remain unexpended as 
     of the end of the grant period shall revert to the State for 
     redistribution to another unit of local government.
       ``(D) Use of funds.--States and units of local government 
     shall use grant funds received under this paragraph to 
     provide health services, educational services, and related 
     services to noncitizens within their jurisdiction directly, 
     or through contracts with eligible services providers, 
     including--
       ``(i) health care providers;
       ``(ii) local educational agencies; and
       ``(iii) charitable and religious organizations.
       ``(E) State defined.--In this paragraph, the term `State' 
     means each of the several States of the United States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands.
       ``(F) Certification.--In order to receive a payment under 
     this section, the State shall provide the Secretary of Health 
     and Human Services with a certification that the State's 
     proposed uses of the fund are consistent with (D).
       ``(G) Annual report.--The Secretary of Health and Human 
     Services shall inform the States annually of the amount of 
     funds available to each State under the Program.''.

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

     SEC. 611. SHORT TITLE.

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

     SEC. 612. DEFINITIONS.

       In this subtitle:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Blue card status.--The term ``blue card status'' means 
     the status of an alien who has been lawfully admitted into 
     the United States for temporary residence under section 
     613(a).
       (3) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (4) Job opportunity.--The term ``job opportunity'' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       (5) Temporary.--A worker is employed on a ``temporary'' 
     basis where the employment is intended not to exceed 10 
     months.
       (6) United states worker.--The term ``United States 
     worker'' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.

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

     SEC. 613. AGRICULTURAL WORKERS.

       (a) Blue Card Program.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer blue card status upon an 
     alien who qualifies under this subsection if the Secretary 
     determines that the alien--
       (A) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days during the 24-
     month period ending on December 31, 2005;
       (B) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act; and
       (C) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (e)(2).
       (2) Authorized travel.--An alien in blue card status has 
     the right to travel abroad (including commutation from a 
     residence abroad) in the same manner as an alien lawfully 
     admitted for permanent residence.
       (3) Authorized employment.--An alien in blue card status 
     shall be provided an ``employment authorized'' endorsement or 
     other appropriate work permit, in the same manner as an alien 
     lawfully admitted for permanent residence.
       (4) Termination of blue card status.--
       (A) In general.--The Secretary may terminate blue card 
     status granted under this subsection only upon a 
     determination under this subtitle that the alien is 
     deportable.
       (B) Grounds for termination of blue card status.--Before 
     any alien becomes eligible for adjustment of status under 
     subsection (c), the Secretary may deny adjustment to 
     permanent resident status and provide for termination of the 
     blue card status granted such alien under paragraph (1) if--
       (i) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to blue card status was the 
     result of fraud or willful misrepresentation (as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

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

       (5) Record of employment.--
       (A) In general.--Each employer of a worker granted status 
     under this subsection shall annually--
       (i) provide a written record of employment to the alien; 
     and
       (ii) provide a copy of such record to the Secretary.
       (B) Sunset.--The obligation under subparagraph (A) shall 
     terminate on the date that is 6 years after the date of the 
     enactment of this Act.
       (6) Required features of blue card.--The Secretary shall 
     provide each alien granted blue card status and the spouse 
     and children of each such alien residing in the United States 
     with a card that contains--
       (A) an encrypted, machine-readable, electronic 
     identification strip that is unique to the alien to whom the 
     card is issued;
       (B) biometric identifiers, including fingerprints and a 
     digital photograph; and
       (C) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes.
       (7) Fine.--An alien granted blue card status shall pay a 
     fine to the Secretary in an amount equal to $100.
       (8) Maximum number.--The Secretary may issue not more than 
     1,500,000 blue cards during the 5-year period beginning on 
     the date of the enactment of this Act.
       (b) Rights of Aliens Granted Blue Card Status.--
       (1) In general.--Except as otherwise provided under this 
     subsection, an alien in blue card status shall be considered 
     to be an alien lawfully admitted for permanent residence for 
     purposes of any law other than any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Delayed eligibility for certain federal public 
     benefits.--An alien in blue card status shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date 
     on which the Secretary confers blue card status upon that 
     alien.
       (3) Terms of employment respecting aliens admitted under 
     this section.--
       (A) Prohibition.--No alien granted blue card status may be 
     terminated from employment by any employer during the period 
     of blue card status except for just cause.
       (B) Treatment of complaints.--
       (i) Establishment of process.--The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition of complaints by aliens granted blue card status 
     who allege that they have been terminated without just cause. 
     No proceeding shall be conducted under this subparagraph with 
     respect to a termination unless the Secretary determines that 
     the complaint was filed not later than 6 months after the 
     date of the termination.
       (ii) Initiation of arbitration.--If the Secretary finds 
     that a complaint has been filed in accordance with clause (i) 
     and there is reasonable cause to believe that the complainant 
     was terminated without just cause, the Secretary shall 
     initiate binding arbitration proceedings by requesting the 
     Federal Mediation and Conciliation Service to appoint a 
     mutually agreeable arbitrator from the roster of arbitrators 
     maintained by such Service for the geographical area in which 
     the employer is located. The procedures and rules of such 
     Service shall be applicable to the selection of such 
     arbitrator and to such arbitration proceedings. The Secretary 
     shall pay the fee and expenses of the arbitrator, subject to 
     the availability of appropriations for such purpose.
       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures

[[Page S9963]]

     promulgated by the American Arbitration Association 
     applicable to private arbitration of employment disputes. The 
     arbitrator shall make findings respecting whether the 
     termination was for just cause. The arbitrator may not find 
     that the termination was for just cause unless the employer 
     so demonstrates by a preponderance of the evidence. If the 
     arbitrator finds that the termination was not for just cause, 
     the arbitrator shall make a specific finding of the number of 
     days or hours of work lost by the employee as a result of the 
     termination. The arbitrator shall have no authority to order 
     any other remedy, including, but not limited to, 
     reinstatement, back pay, or front pay to the affected 
     employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall transmit the 
     findings in the form of a written opinion to the parties to 
     the arbitration and the Secretary. Such findings shall be 
     final and conclusive, and no official or court of the United 
     States shall have the power or jurisdiction to review any 
     such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted blue card status without just 
     cause, the Secretary shall credit the alien for the number of 
     days or hours of work lost for purposes of the requirement of 
     subsection (c)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of days or hours of work lost by the employee as a 
     result of the employment termination may be referred to the 
     Secretary pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted blue card status has failed to provide the record of 
     employment required under subsection (a)(5) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil money penalty in an 
     amount not to exceed $1,000 per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (c) Adjustment to Permanent Residence.--
       (1) Agricultural workers.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall adjust the status of an alien granted 
     blue card status to that of an alien lawfully admitted for 
     permanent residence if the Secretary determines that the 
     following requirements are satisfied:
       (i) Qualifying employment.--The alien has performed at 
     least--

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

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

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

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

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

       (iv) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of the 
     enactment of this Act.
       (v) Fine.--The alien pays a fine to the Secretary in an 
     amount equal to $400.
       (B) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien adjustment to permanent resident 
     status, and provide for termination of the blue card status 
     granted such alien, if--
       (i) the Secretary finds by a preponderance of the evidence 
     that the adjustment to blue card status was the result of 
     fraud or willful misrepresentation, as described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

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

       (C) Grounds for removal.--Any alien granted blue card 
     status who does not apply for adjustment of status under this 
     subsection before the expiration of the application period 
     described in subparagraph (A)(iv), or who fails to meet the 
     other requirements of subparagraph (A) by the end of the 
     applicable period, is deportable and may be removed under 
     section 240 of the Immigration and Nationality Act (8 U.S.C. 
     1229a).
       (D) Payment of 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--

       (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.
       (2) Spouses and minor children.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer the status of lawful 
     permanent resident on the spouse and minor child of an alien 
     granted status under paragraph (1), including any individual 
     who was a minor child on the date such alien was granted blue 
     card status, if the spouse or minor child applies for such 
     status, or if the principal alien includes the spouse or 
     minor child in an application for adjustment of status to 
     that of a lawful permanent resident.
       (B) Treatment of spouses and minor children before 
     adjustment of status.--
       (i) Removal.--The spouse and any minor child of an alien 
     granted blue card status may not be removed while such alien 
     maintains such status, except as provided in subparagraph 
     (C).
       (ii) Travel.--The spouse and any minor child of an alien 
     granted blue card status may travel outside the United States 
     in the same manner as an alien lawfully admitted for 
     permanent residence.
       (iii) Employment.--The spouse of an alien granted blue card 
     status may apply to the Secretary for a work permit to 
     authorize such spouse to engage in any lawful employment in 
     the United States while such alien maintains blue card 
     status.
       (C) Grounds for denial of adjustment of status and 
     removal.--The Secretary may deny an alien spouse or child 
     adjustment of status under subparagraph (A) and may remove 
     such spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (i) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under subsection 
     (e)(2);
       (ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (iii) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.
       (d) Applications.--
       (1) To whom may be made.--The Secretary shall provide 
     that--
       (A) applications for blue card status may be filed--
       (i) with the Secretary, but only if the applicant is 
     represented by an attorney or a non-profit religious, 
     charitable, social service, or similar organization 
     recognized by the Board of Immigration Appeals under section 
     292.2 of title 8, Code of Federal Regulations; or
       (ii) with a qualified designated entity (designated under 
     paragraph (2)), but only if the applicant consents to the 
     forwarding of the application to the Secretary; and
       (B) applications for adjustment of status under subsection 
     (c) shall be filed directly with the Secretary.

[[Page S9964]]

       (2) Designation of entities to receive applications.--
       (A) In general.--For purposes of receiving applications 
     under subsection (a), the Secretary--
       (i) shall designate qualified farm labor organizations and 
     associations of employers; and
       (ii) may designate such other persons as the Secretary 
     determines are qualified and have substantial experience, 
     demonstrate competence, and have traditional long-term 
     involvement in the preparation and submission of applications 
     for adjustment of status under section 209, 210, or 245 of 
     the Immigration and Nationality Act, Public Law 89-732, 
     Public Law 95-145, or the Immigration Reform and Control Act 
     of 1986.
       (B) References.--Organizations, associations, and persons 
     designated under subparagraph (A) are referred to in this 
     subtitle as ``qualified designated entities''.
       (3) Proof of eligibility.--
       (A) In general.--An alien may establish that the alien 
     meets the requirement of subsection (a)(1)(A) or (c)(1)(A) 
     through government employment records or records supplied by 
     employers or collective bargaining organizations, and other 
     reliable documentation as the alien may provide. The 
     Secretary shall establish special procedures to properly 
     credit work in cases in which an alien was employed under an 
     assumed name.
       (B) Documentation of work history.--
       (i) Burden of proof.--An alien applying for status under 
     subsection (a)(1) or (c)(1) has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days (as required under 
     subsection (a)(1)(A) or (c)(1)(A)).
       (ii) Timely production of records.--If an employer or farm 
     labor contractor employing such an alien has kept proper and 
     adequate records respecting such employment, the alien's 
     burden of proof under clause (i) may be met by securing 
     timely production of those records under regulations to be 
     promulgated by the Secretary.
       (iii) Sufficient evidence.--An alien can meet the burden of 
     proof under clause (i) to establish that the alien has 
     performed the work described in subsection (a)(1)(A) or 
     (c)(1)(A) by producing sufficient evidence to show the extent 
     of that employment as a matter of just and reasonable 
     inference.
       (4) Treatment of applications by qualified designated 
     entities.--Each qualified designated entity shall agree to 
     forward to the Secretary applications filed with it in 
     accordance with paragraph (1)(A)(i)(II) but shall not forward 
     to the Secretary applications filed with it unless the 
     applicant has consented to such forwarding. No such entity 
     may make a determination required by this section to be made 
     by the Secretary. Upon the request of the alien, a qualified 
     designated entity shall assist the alien in obtaining 
     documentation of the work history of the alien.
       (5) Limitation on access to information.--Files and records 
     prepared for purposes of this subsection by qualified 
     designated entities operating under this subsection are 
     confidential and the Secretary shall not have access to such 
     files or records relating to an alien without the consent of 
     the alien, except as allowed by a court order issued pursuant 
     to paragraph (6).
       (6) Confidentiality of information.--
       (A) In general.--Except as otherwise provided in this 
     subsection, neither the Secretary, nor any other official or 
     employee of the Department, or a bureau or agency of the 
     Department, may--
       (i) use the information furnished by the applicant pursuant 
     to an application filed under this section, the information 
     provided to the applicant by a person designated under 
     paragraph (2)(A), or any information provided by an employer 
     or former employer, for any purpose other than to make a 
     determination on the application, or for enforcement of 
     paragraph (7);
       (ii) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (iii) permit anyone other than the sworn officers and 
     employees of the Department, or a bureau or agency of the 
     Department, or, with respect to applications filed with a 
     qualified designated entity, that qualified designated 
     entity, to examine individual applications.
       (B) Required disclosures.--The Secretary shall provide the 
     information furnished under this section, or any other 
     information derived from such furnished information, to--
       (i) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; or
       (ii) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (C) Construction.--
       (i) In general.--Nothing in this paragraph shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes of 
     information contained in files or records of the Department 
     pertaining to an application filed under this section, other 
     than information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       (ii) Criminal convictions.--Information concerning whether 
     the applicant has at any time been convicted of a crime may 
     be used or released for immigration enforcement or law 
     enforcement purposes.
       (D) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     paragraph shall be subject to a fine in an amount not to 
     exceed $10,000.
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Any person who--
       (i) files an application for status under subsection (a) or 
     (c) and knowingly and willfully falsifies, conceals, or 
     covers up a material fact or makes any false, fictitious, or 
     fraudulent statements or representations, or makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry; or
       (ii) creates or supplies a false writing or document for 
     use in making such an application,

     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (B) Inadmissibility.--An alien who is convicted of a crime 
     under subparagraph (A) shall be considered to be inadmissible 
     to the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)).
       (8) Eligibility for legal services.--Section 504(a)(11) of 
     Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for adjustment of status under this section.
       (9) Application fees.--
       (A) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       (i) shall be charged for the filing of applications for 
     status under subsections (a) and (c); and
       (ii) may be charged by qualified designated entities to 
     help defray the costs of services provided to such 
     applicants.
       (B) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under subparagraph (A)(ii) for services provided to 
     applicants.
       (C) Disposition of fees.--
       (i) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``Agricultural Worker Immigration Status Adjustment 
     Account''. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under subparagraph (A)(i).
       (ii) Use of fees for application processing.--Amounts 
     deposited in the ``Agricultural Worker Immigration Status 
     Adjustment Account'' shall remain available to the Secretary 
     until expended for processing applications for status under 
     subsections (a) and (c).
       (e) Waiver of Numerical Limitations and Certain Grounds for 
     Inadmissibility.--
       (1) Numerical limitations do not apply.--The numerical 
     limitations of sections 201 and 202 of the Immigration and 
     Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to 
     the adjustment of aliens to lawful permanent resident status 
     under this section.
       (2) Waiver of certain grounds of inadmissibility.--In the 
     determination of an alien's eligibility for status under 
     subsection (a)(1)(C) or an alien's eligibility for adjustment 
     of status under subsection (c)(1)(B)(ii)(I), the following 
     rules shall apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (B) Waiver of other grounds.--
       (i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or if otherwise in the 
     public interest.
       (ii) Grounds that may not be waived.--Paragraphs (2)(A), 
     (2)(B), (2)(C), (3), and (4) of such section 212(a) may not 
     be waived by the Secretary under clause (i).
       (iii) Construction.--Nothing in this subparagraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (C) Special rule for determination of public charge.--An 
     alien is not ineligible for status under this section by 
     reason of a ground of inadmissibility under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     if the alien demonstrates a history of employment in the 
     United States evidencing self-support without reliance on 
     public cash assistance.
       (f) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     enactment of this Act, the Secretary shall provide that, in 
     the case of an alien who is apprehended before the beginning 
     of the application period described in subsection (a)(1)(B) 
     and who can establish a nonfrivolous case of eligibility for 
     blue card status (but for the fact that the alien may not 
     apply for such status until the beginning of such period), 
     until the alien has had the opportunity during the first 30 
     days of the application period to complete the filing of an 
     application for blue card status, the alien--
       (A) may not be removed; and

[[Page S9965]]

       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for blue card status during the application 
     period described in subsection (a)(1)(B), including an alien 
     who files such an application within 30 days of the alien's 
     apprehension, and until a final determination on the 
     application has been made in accordance with this section, 
     the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (g) Administrative and Judicial Review.--
       (1) In general.--There shall be no administrative or 
     judicial review of a determination respecting an application 
     for status under subsection (a) or (c) except in accordance 
     with this subsection.
       (2) Administrative review.--
       (A) Single level of administrative appellate review.--The 
     Secretary shall establish an appellate authority to provide 
     for a single level of administrative appellate review of such 
     a determination.
       (B) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (3) Judicial review.--
       (A) Limitation to review of removal.--There shall be 
     judicial review of such a determination only in the judicial 
     review of an order of removal under section 242 of the 
     Immigration and Nationality Act (8 U.S.C. 1252).
       (B) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority and the findings of fact and determinations 
     contained in such record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record considered as a whole.
       (h) Dissemination of Information on Adjustment Program.--
     Beginning not later than the first day of the application 
     period described in subsection (a)(1)(B), the Secretary, in 
     cooperation with qualified designated entities, shall broadly 
     disseminate information respecting the benefits that aliens 
     may receive under this section and the requirements to be 
     satisfied to obtain such benefits.
       (i) Regulations.--The Secretary shall issue regulations to 
     implement this section not later than the first day of the 
     seventh month that begins after the date of enactment of this 
     Act.
       (j) Effective Date.--This section shall take effect on the 
     date that regulations are issued implementing this section on 
     an interim or other basis.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $40,000,000 for each of fiscal years 2007 through 2010.

     SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS.

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

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

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

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

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

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

[[Page S9966]]

       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

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

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

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

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218E through 218G.
       ``(2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(d) Withdrawal of Applications.--
       ``(1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       ``(2) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under 
     subsection (a) is unaffected by withdrawal of such 
     application.
       ``(e) Review and Approval of Applications.--
       ``(1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the date on which an application under subsection (a) is 
     filed, at the employer's principal place of business or work 
     site, a copy of each such application (and such accompanying 
     documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     this subsection. Such list shall include the wage rate, 
     number of workers sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for examination in the District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.''; 
     and
       (2) by inserting after section 218D, as added by section 
     601 of this Act, the following:

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

       ``(a) Preferential Treatment of Aliens Prohibited.--
     Employers seeking to hire United States workers shall offer 
     the United States workers no less than the same benefits, 
     wages, and working conditions that the employer is offering, 
     intends to offer, or will provide to H-2A workers. 
     Conversely, no job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers.
       ``(b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that section and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--When it is the prevailing practice 
     in the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing

[[Page S9967]]

     under the temporary labor certification regulations in effect 
     on June 1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement under clause (ii) is 
     satisfied, the employer may provide a reasonable housing 
     allowance instead of offering housing under subparagraph (A). 
     Upon the request of a worker seeking assistance in locating 
     housing, the employer shall make a good faith effort to 
     assist the worker in identifying and locating housing in the 
     area of intended employment. An employer who offers a housing 
     allowance to a worker, or assists a worker in locating 
     housing which the worker occupies, pursuant to this clause 
     shall not be deemed a housing provider under section 203 of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1823) solely by virtue of providing such housing 
     allowance. No housing allowance may be used for housing which 
     is owned or controlled by the employer.
       ``(ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who are seeking temporary housing while 
     employed at farm work. Such certification shall expire after 
     3 years unless renewed by the Governor of the State.
       ``(iii) Amount of allowance.--

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

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

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

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and work 
     site.--The employer shall provide transportation between the 
     worker's living quarters and the employer's work site without 
     cost to the worker, and such transportation will be in 
     accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of the enactment 
     of the Agricultural Job Opportunities, Benefits, and Security 
     Act of 2006 and continuing for 3 years thereafter, no adverse 
     effect wage rate for a State may be more than the adverse 
     effect wage rate for that State in effect on January 1, 2003, 
     as established by section 655.107 of title 20, Code of 
     Federal Regulations.
       ``(C) Required wages after 3-year freeze.--
       ``(i) First adjustment.--If Congress does not set a new 
     wage standard applicable to this section before the first 
     March 1 that is not less than 3 years after the date of 
     enactment of this section, the adverse effect wage rate for 
     each State beginning on such March 1 shall be the wage rate 
     that would have resulted if the adverse effect wage rate in 
     effect on January 1, 2003, had been annually adjusted, 
     beginning on March 1, 2006, by the lesser of--

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

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

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

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

[[Page S9968]]

     the adverse effect wage rate and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

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

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

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

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

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

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       ``(iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       ``(v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

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

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

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

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

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

       ``(a) Petitioning for Admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission into the United States of 
     an H-2A worker may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7

[[Page S9969]]

     working days shall, by fax, cable, or other means assuring 
     expedited delivery, transmit a copy of notice of action on 
     the petition to the petitioner and, in the case of approved 
     petitions, to the appropriate immigration officer at the port 
     of entry or United States consulate (as the case may be) 
     where the petitioner has indicated that the alien beneficiary 
     (or beneficiaries) will apply for a visa or admission to the 
     United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218E, 
     and the alien is not ineligible under paragraph (2).
       ``(2) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of not more than 1 
     week before the beginning of the period of employment for the 
     purpose of travel to the work site and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(e) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer, or association 
     acting as agent for the employer, shall notify the Secretary 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(3) Removal by the secretary.--The Secretary shall 
     promptly remove from the United States any H-2A worker who 
     violates any term or condition of the worker's nonimmigrant 
     status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit into the United States, an eligible alien designated by 
     the employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     such person's proper identity.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     for the purpose of excluding aliens from benefits for which 
     they are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under paragraph (1) on the date on which the 
     petition is filed.
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `file' means sending the petition by certified mail via 
     the United States Postal Service, return receipt requested, 
     or delivered by guaranteed commercial delivery which will 
     provide the employer with a documented acknowledgment of the 
     date of receipt of the petition.
       ``(C) Handling of petition.--The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(D) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary shall provide a new or updated 
     employment eligibility document to the alien indicating the 
     new validity date, after which the alien is not required to 
     retain a copy of the petition.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders, 
     Goat Herders, or Dairy Workers.--Notwithstanding any 
     provision of the Agricultural Job Opportunities, Benefits, 
     and Security Act of 2006, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat 
     herder, or dairy worker--
       ``(1) may be admitted for an initial period of 12 months;

[[Page S9970]]

       ``(2) subject to subsection (j)(5), may have such initial 
     period of admission extended for a period of up to 3 years; 
     and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) (relating to periods of absence from the 
     United States).
       ``(j) Adjustment to Lawful Permanent Resident Status for 
     Aliens Employed as Sheepherders, Goat Herders, or Dairy 
     Workers.--
       ``(1) Eligible alien.--For purposes of this subsection, the 
     term `eligible alien' means an alien--
       ``(A) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, or dairy worker;
       ``(B) who has maintained such nonimmigrant status in the 
     United States for a cumulative total of 36 months (excluding 
     any period of absence from the United States); and
       ``(C) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(2) Classification petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       ``(A) the alien's employer on behalf of an eligible alien; 
     or
       ``(B) the eligible alien.
       ``(3) No labor certification required.--Notwithstanding 
     section 203(b)((3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     described in paragraph (1)(C) for an eligible alien.
       ``(4) Effect of petition.--The filing of a petition 
     described in paragraph (2) or an application for adjustment 
     of status based on the approval of such a petition, shall not 
     constitute evidence of an alien's ineligibility for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a).
       ``(5) Extension of stay.--The Secretary of Homeland 
     Security shall extend the stay of an eligible alien having a 
     pending or approved classification petition described in 
     paragraph (2) in 1-year increments until a final 
     determination is made on the alien's eligibility for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence.
       ``(6) Construction.--Nothing in this subsection shall be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.

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

       ``(a) Enforcement Authority.--
       ``(1) Investigation of complaints.--
       ``(A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a complaint is filed, for a determination as to 
     whether or not a reasonable basis exists to make a finding 
     described in subparagraph (C), (D), (E), or (H). If the 
     Secretary of Labor determines that such a reasonable basis 
     exists, the Secretary of Labor shall provide for notice of 
     such determination to the interested parties and an 
     opportunity for a hearing on the complaint, in accordance 
     with section 556 of title 5, United States Code, within 60 
     days after the date of the determination. If such a hearing 
     is requested, the Secretary of Labor shall make a finding 
     concerning the matter not later than 60 days after the date 
     of the hearing. In the case of similar complaints respecting 
     the same applicant, the Secretary of Labor may consolidate 
     the hearings under this subparagraph on such complaints.
       ``(C) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), 
     a substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218(b), or a material misrepresentation of fact in an 
     application under section 218(a)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $1,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       ``(D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $5,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       ``(ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       ``(iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       ``(E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(a), in the course of which 
     failure or misrepresentation the employer displaced a United 
     States worker employed by the employer during the period of 
     employment on the employer's application under section 218(a) 
     or during the period of 30 days preceding such period of 
     employment--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $15,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.
       ``(F) Limitations on civil money penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to an application under section 218(a) in excess of 
     $90,000.
       ``(G) Failures to pay wages or required benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment, required under 
     section 218E(b), the Secretary of Labor shall assess payment 
     of back wages, or other required benefits, due any United 
     States worker or H-2A worker employed by the employer in the 
     specific employment in question. The back wages or other 
     required benefits under section 218E(b) shall be equal to the 
     difference between the amount that should have been paid and 
     the amount that actually was paid to such worker.
       ``(2) Statutory construction.--Nothing in this section 
     shall be construed as limiting the authority of the Secretary 
     of Labor to conduct any compliance investigation under any 
     other labor law, including any law affecting migrant and 
     seasonal agricultural workers, or, in the absence of a 
     complaint under this section, under section 218 or 218E.
       ``(b) Rights Enforceable by Private Right of Action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in subsection (c), and no other 
     right of action shall exist under Federal or State law to 
     enforce such rights:
       ``(1) The providing of housing or a housing allowance as 
     required under section 218E(b)(1).
       ``(2) The reimbursement of transportation as required under 
     section 218E(b)(2).
       ``(3) The payment of wages required under section 
     218E(b)(3) when due.
       ``(4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218(a)(2), not including the assurance to comply with 
     other Federal, State, and local labor laws described in 
     section 218E(c), compliance with which shall be governed by 
     the provisions of such laws.
       ``(5) The guarantee of employment required under section 
     218E(b)(4).
       ``(6) The motor vehicle safety requirements under section 
     218E(b)(5).
       ``(7) The prohibition of discrimination under subsection 
     (d)(2).
       ``(c) Private Right of Action.--
       ``(1) Mediation.--Upon the filing of a complaint by an H-2A 
     worker aggrieved by a violation of rights enforceable under 
     subsection (b), and within 60 days of the filing of proof of 
     service of the complaint, a party to the action may file a 
     request with the Federal Mediation and Conciliation Service 
     to assist the parties in reaching a satisfactory resolution 
     of all issues involving all parties to the dispute. Upon a 
     filing of such request and giving of notice to the parties, 
     the parties shall attempt mediation within the period 
     specified in subparagraph (B).
       ``(A) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under subsection (b) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       ``(B) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other non-binding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--
       ``(i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       ``(ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service

[[Page S9971]]

     is authorized to conduct the mediation or other dispute 
     resolution activities from any other appropriated funds 
     available to the Director and to reimburse such appropriated 
     funds when the funds are appropriated pursuant to this 
     authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction of the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under 
     this Act, not later than 3 years after the date the violation 
     occurs.
       ``(3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn 
     before the filing of such action, in which case the rights 
     and remedies available under this subsection shall be 
     exclusive.
       ``(4) Preemption of state contract rights.--Nothing in this 
     Act shall be construed to diminish the rights and remedies of 
     an H-2A worker under any other Federal or State law or 
     regulation or under any collective bargaining agreement, 
     except that no court or administrative action shall be 
     available under any State contract law to enforce the rights 
     created by this Act.
       ``(5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this Act 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this Act. The preceding sentence may not be 
     construed to prohibit agreements to settle private disputes 
     or litigation.
       ``(6) Award of damages or other equitable relief.--
       ``(A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       ``(B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(7) Workers' compensation benefits; exclusive remedy.--
       ``(A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       ``(B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front pay or in any manner, directly or indirectly, 
     expand or otherwise alter or affect--
       ``(i) a recovery under a State workers' compensation law; 
     or
       ``(ii) rights conferred under a State workers' compensation 
     law.
       ``(8) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under subsection (c) shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(9) Preclusive effect.--Any settlement by an H-2A worker 
     and an H-2A employer or any person reached through the 
     mediation process required under subsection (c)(1) shall 
     preclude any right of action arising out of the same facts 
     between the parties in any Federal or State court or 
     administrative proceeding, unless specifically provided 
     otherwise in the settlement agreement.
       ``(10) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(d) Discrimination Prohibited.--
       ``(1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a former employee and an applicant for employment) 
     because the employee has disclosed information to the 
     employer, or to any other person, that the employee 
     reasonably believes evidences a violation of section 218 or 
     218E or any rule or regulation pertaining to section 218 or 
     218E, or because the employee cooperates or seeks to 
     cooperate in an investigation or other proceeding concerning 
     the employer's compliance with the requirements of section 
     218 or 218E or any rule or regulation pertaining to either of 
     such sections.
       ``(2) Discrimination against h-2a workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       ``(e) Authorization To Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218E, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.

     ``SEC. 218H. DEFINITIONS.

       ``For purposes of this section, section 218, and sections 
     218E through 218G:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2a employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2a worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       ``(9) Lays off.--
       ``(A) In general.--The term `lays off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     section 218E(b)(4)(D)), or temporary layoffs due to weather, 
     markets, or other temporary conditions; but

[[Page S9972]]

       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       ``(A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       ``(B) from its nature, it may not be continuous or carried 
     on throughout the year.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) United states worker.--The term `United States 
     worker' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).''.
       (b) Table of Contents.--The table of contents (8 U.S.C. 
     1101 et seq.) is amended--
       (1) by striking the item relating to section 218 and 
     inserting the following:

``Sec. 218. H-2A employer applications''
       and
       (2) by inserting after the item relating to section 218D, 
     as added by section 601 of this Act, the following:

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

                  CHAPTER 3--MISCELLANEOUS PROVISIONS

     SEC. 616. DETERMINATION AND USE OF USER FEES.

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

     SEC. 617. REGULATIONS.

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

     SEC. 618. REPORT TO CONGRESS.

       Not later than September 30 of each year, the Secretary 
     shall submit a report to Congress that identifies, for the 
     previous year--
       (1) the number of job opportunities approved for employment 
     of aliens admitted under section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)), and the number of workers actually 
     admitted, by State and by occupation;
       (2) the number of such aliens reported to have abandoned 
     employment pursuant to subsection 218F(e)(2) of such Act;
       (3) the number of such aliens who departed the United 
     States within the period specified in subsection 218F(d) of 
     such Act;
       (4) the number of aliens who applied for adjustment of 
     status pursuant to section 613(a);
       (5) the number of such aliens whose status was adjusted 
     under section 613(a);
       (6) the number of aliens who applied for permanent 
     residence pursuant to section 613(c); and
       (7) the number of such aliens who were approved for 
     permanent residence pursuant section 613(c).

     SEC. 619. EFFECTIVE DATE.

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

                         Subtitle C--DREAM Act

     SEC. 621. SHORT TITLE.

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

     SEC. 622. DEFINITIONS.

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

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

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

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

       (a) Special Rule for Certain Long-Term Residents Who 
     Entered the United States as Children.--
       (1) In general.--Notwithstanding any other provision of law 
     and except as otherwise provided in this subtitle, the 
     Secretary may cancel removal of, and adjust to the status of 
     an alien lawfully admitted for permanent residence, subject 
     to the conditional basis described in section 625, an alien 
     who is inadmissible or deportable from the United States, if 
     the alien demonstrates that--
       (A) the alien has been physically present in the United 
     States for a continuous period of not less than 5 years 
     immediately preceding the date of enactment of this Act, and 
     had not yet reached the age of 16 years at the time of 
     initial entry;
       (B) the alien has been a person of good moral character 
     since the time of application;
       (C) the alien--
       (i) is not inadmissible under paragraph (2), (3), (6)(B), 
     (6)(C), (6)(E), (6)(F), or (6)(G) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)), or, if 
     inadmissible solely under subparagraph (C) or (F) of 
     paragraph (6) of such subsection, the alien was under the age 
     of 16 years at the time the violation was committed; and
       (ii) is not deportable under paragraph (1)(E), (1)(G), (2), 
     (3)(B), (3)(C), (3)(D), (4), or (6) of section 237(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)), or, if 
     deportable solely under subparagraphs (C) or (D) of paragraph 
     (3) of such subsection, the alien was under the age of 16 
     years at the time the violation was committed;
       (D) the alien, at the time of application, has been 
     admitted to an institution of higher education in the United 
     States, or has earned a high school diploma or obtained a

[[Page S9973]]

     general education development certificate in the United 
     States; and
       (E) the alien has never been under a final administrative 
     or judicial order of exclusion, deportation, or removal, 
     unless the alien has remained in the United States under 
     color of law or received the order before attaining the age 
     of 16 years.
       (2) Waiver.--The Secretary may waive the grounds of 
     ineligibility under section 212(a)(6) of the Immigration and 
     Nationality Act and the grounds of deportability under 
     paragraphs (1), (3), and (6) of section 237(a) of that Act 
     for humanitarian purposes or family unity or when it is 
     otherwise in the public interest.
       (3) Procedures.--The Secretary shall provide a procedure by 
     regulation allowing eligible individuals to apply 
     affirmatively for the relief available under this subsection 
     without being placed in removal proceedings.
       (b) Termination of Continuous Period.--For purposes of this 
     section, any period of continuous residence or continuous 
     physical presence in the United States of an alien who 
     applies for cancellation of removal under this section shall 
     not terminate when the alien is served a notice to appear 
     under section 239(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1229(a)).
       (c) Treatment of Certain Breaks in Presence.--
       (1) In general.--An alien shall be considered to have 
     failed to maintain continuous physical presence in the United 
     States under subsection (a) if the alien has departed from 
     the United States for any period in excess of 90 days or for 
     any periods in the aggregate exceeding 180 days.
       (2) Extensions for exceptional circumstances.--The 
     Secretary may extend the time periods described in paragraph 
     (1) if the alien demonstrates that the failure to timely 
     return to the United States was due to exceptional 
     circumstances. The exceptional circumstances determined 
     sufficient to justify an extension should be no less 
     compelling than serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child.
       (d) Exemption From Numerical Limitations.--Nothing in this 
     section may be construed to apply a numerical limitation on 
     the number of aliens who may be eligible for cancellation of 
     removal or adjustment of status under this section.
       (e) Regulations.--
       (1) Proposed regulations.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall 
     publish proposed regulations implementing this section. Such 
     regulations shall be effective immediately on an interim 
     basis, but are subject to change and revision after public 
     notice and opportunity for a period for public comment.
       (2) Interim, final regulations.--Within a reasonable time 
     after publication of the interim regulations in accordance 
     with paragraph (1), the Secretary shall publish final 
     regulations implementing this section.
       (f) Removal of Alien.--The Secretary may not remove any 
     alien who has a pending application for conditional status 
     under this subtitle.

     SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.

       (a) In General.--
       (1) Conditional basis for status.--Notwithstanding any 
     other provision of law, and except as provided in section 
     626, an alien whose status has been adjusted under section 
     624 to that of an alien lawfully admitted for permanent 
     residence shall be considered to have obtained such status on 
     a conditional basis subject to the provisions of this 
     section. Such conditional permanent resident status shall be 
     valid for a period of 6 years, subject to termination under 
     subsection (b).
       (2) Notice of requirements.--
       (A) At time of obtaining permanent residence.--At the time 
     an alien obtains permanent resident status on a conditional 
     basis under paragraph (1), the Secretary shall provide for 
     notice to the alien regarding the provisions of this section 
     and the requirements of subsection (c) to have the 
     conditional basis of such status removed.
       (B) Effect of failure to provide notice.--The failure of 
     the Secretary to provide a notice under this paragraph--
       (i) shall not affect the enforcement of the provisions of 
     this subtitle with respect to the alien; and
       (ii) shall not give rise to any private right of action by 
     the alien.
       (b) Termination of Status.--
       (1) In general.--The Secretary shall terminate the 
     conditional permanent resident status of any alien who 
     obtained such status under this subtitle, if the Secretary 
     determines that the alien--
       (A) ceases to meet the requirements of subparagraph (B) or 
     (C) of section 624(a)(1);
       (B) has become a public charge; or
       (C) has received a dishonorable or other than honorable 
     discharge from the uniformed services.
       (2) Return to previous immigration status.--Any alien whose 
     conditional permanent resident status is terminated under 
     paragraph (1) shall return to the immigration status the 
     alien had immediately prior to receiving conditional 
     permanent resident status under this subtitle.
       (c) Requirements of Timely Petition for Removal of 
     Condition.--
       (1) In general.--In order for the conditional basis of 
     permanent resident status obtained by an alien under 
     subsection (a) to be removed, the alien must file with the 
     Secretary, in accordance with paragraph (3), a petition which 
     requests the removal of such conditional basis and which 
     provides, under penalty of perjury, the facts and information 
     so that the Secretary may make the determination described in 
     paragraph (2)(A).
       (2) Adjudication of petition to remove condition.--
       (A) In general.--If a petition is filed in accordance with 
     paragraph (1) for an alien, the Secretary shall make a 
     determination as to whether the alien meets the requirements 
     set out in subparagraphs (A) through (E) of subsection 
     (d)(1).
       (B) Removal of conditional basis if favorable 
     determination.--If the Secretary determines that the alien 
     meets such requirements, the Secretary shall notify the alien 
     of such determination and immediately remove the conditional 
     basis of the status of the alien.
       (C) Termination if adverse determination.--If the Secretary 
     determines that the alien does not meet such requirements, 
     the Secretary shall notify the alien of such determination 
     and terminate the conditional permanent resident status of 
     the alien as of the date of the determination.
       (3) Time to file petition.--An alien may petition to remove 
     the conditional basis to lawful resident status during the 
     period beginning 180 days before and ending 2 years after 
     either the date that is 6 years after the date of the 
     granting of conditional permanent resident status or any 
     other expiration date of the conditional permanent resident 
     status as extended by the Secretary in accordance with this 
     subtitle. The alien shall be deemed in conditional permanent 
     resident status in the United States during the period in 
     which the petition is pending.
       (d) Details of Petition.--
       (1) Contents of petition.--Each petition for an alien under 
     subsection (c)(1) shall contain information to permit the 
     Secretary to determine whether each of the following 
     requirements is met:
       (A) The alien has demonstrated good moral character during 
     the entire period the alien has been a conditional permanent 
     resident.
       (B) The alien is in compliance with section 624(a)(1)(C).
       (C) The alien has not abandoned the alien's residence in 
     the United States. The Secretary shall presume that the alien 
     has abandoned such residence if the alien is absent from the 
     United States for more than 365 days, in the aggregate, 
     during the period of conditional residence, unless the alien 
     demonstrates that alien has not abandoned the alien's 
     residence. An alien who is absent from the United States due 
     to active service in the uniformed services has not abandoned 
     the alien's residence in the United States during the period 
     of such service.
       (D) The alien has completed at least 1 of the following:
       (i) The alien has acquired a degree from an institution of 
     higher education in the United States or has completed at 
     least 2 years, in good standing, in a program for a 
     bachelor's degree or higher degree in the United States.
       (ii) The alien has served in the uniformed services for at 
     least 2 years and, if discharged, has received an honorable 
     discharge.
       (E) The alien has provided a list of all of the secondary 
     educational institutions that the alien attended in the 
     United States.
       (2) Hardship exception.--
       (A) In general.--The Secretary may, in the Secretary's 
     discretion, remove the conditional status of an alien if the 
     alien--
       (i) satisfies the requirements of subparagraphs (A), (B), 
     and (C) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to complete the requirements described in paragraph 
     (1)(D); and
       (iii) demonstrates that the alien's removal from the United 
     States would result in exceptional and extremely unusual 
     hardship to the alien or the alien's spouse, parent, or child 
     who is a citizen or a lawful permanent resident of the United 
     States.
       (B) Extension.--Upon a showing of good cause, the Secretary 
     may extend the period of the conditional resident status for 
     the purpose of completing the requirements described in 
     paragraph (1)(D).
       (e) Treatment of Period for Purposes of Naturalization.--
     For purposes of title III of the Immigration and Nationality 
     Act (8 U.S.C. 1401 et seq.), in the case of an alien who is 
     in the United States as a lawful permanent resident on a 
     conditional basis under this section, the alien shall be 
     considered to have been admitted as an alien lawfully 
     admitted for permanent residence and to be in the United 
     States as an alien lawfully admitted to the United States for 
     permanent residence. However, the conditional basis must be 
     removed before the alien may apply for naturalization.

     SEC. 626. RETROACTIVE BENEFITS.

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

     SEC. 627. EXCLUSIVE JURISDICTION.

       (a) In General.--The Secretary shall have exclusive 
     jurisdiction to determine eligibility for relief under this 
     subtitle, except

[[Page S9974]]

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

     SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

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

     SEC. 629. CONFIDENTIALITY OF INFORMATION.

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

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

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

     SEC. 631. HIGHER EDUCATION ASSISTANCE.

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

     SEC. 632. GAO REPORT.

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

          Subtitle D--Programs To Assist Nonimmigrant Workers

     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 title 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.

     SEC. 642. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY 
                   TRAINING.

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

     SEC. 643. STRENGTHENING AMERICAN CITIZENSHIP.

       (a) Short Title.--This section may be cited as the 
     ``Strengthening American Citizenship Act of 2006''.
       (b) Definition.--In this section, the term ``Oath of 
     Allegiance'' means the binding oath (or affirmation) of 
     allegiance required to be naturalized as a citizen of the 
     United States, as prescribed in section 337(e) of the 
     Immigration and Nationality Act, as added by subsection 
     (h)(1)(B).
       (c) English Fluency.--
       (1) Education grants.--
       (A) Establishment.--The Chief of the Office of Citizenship 
     of the Department (referred to in this paragraph as the 
     ``Chief'') shall establish a grant program to provide grants 
     in an amount not to exceed $500 to assist legal residents of 
     the United States who declare an intent to apply for 
     citizenship in the United States to meet the requirements 
     under section 312 of the Immigration and Nationality Act (8 
     U.S.C. 1423).
       (B) Use of funds.--Grant funds awarded under this paragraph 
     shall be paid directly

[[Page S9975]]

     to an accredited institution of higher education or other 
     qualified educational institution (as determined by the 
     Chief) for tuition, fees, books, and other educational 
     resources required by a course on the English language in 
     which the legal resident is enrolled.
       (C) Application.--A legal resident desiring a grant under 
     this paragraph shall submit an application to the Chief at 
     such time, in such manner, and accompanied by such 
     information as the Chief may reasonably require.
       (D) Priority.--If insufficient funds are available to award 
     grants to all qualified applicants, the Chief shall give 
     priority based on the financial need of the applicants.
       (E) Notice.--The Secretary, upon relevant registration of a 
     legal resident with the Department, shall notify such legal 
     resident of the availability of grants under this paragraph 
     for legal residents who declare an intent to apply for United 
     States citizenship.
       (F) Definition.--For purposes of this subsection, the term 
     ``legal resident'' means a lawful permanent resident or a 
     lawfully admitted alien who, in order to adjust status to 
     that of a lawful permanent resident must demonstrate a 
     knowledge of the English language or satisfactory pursuit of 
     a course of study to acquire such knowledge of the English 
     language.
       (2) Faster citizenship for english fluency.--Section 316 (8 
     U.S.C. 1427) is amended by adding at the end the following:
       ``(g) A lawful permanent resident of the United States who 
     demonstrates English fluency, in accordance with regulations 
     prescribed by the Secretary of Homeland Security, in 
     consultation with the Secretary of State, will satisfy the 
     residency requirement under subsection (a) upon the 
     completion of 4 years of continuous legal residency in the 
     United States.''.
       (3) Savings provision.--Nothing in this subsection shall be 
     construed to--
       (A) modify the English language requirements for 
     naturalization under section 312(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1423(a)(1)); or
       (B) influence the naturalization test redesign process of 
     the Office of Citizenship (except for the requirement under 
     subsection (h)(2)).
       (d) American Citizenship Grant Program.--
       (1) In general.--The Secretary shall establish a 
     competitive grant program to provide financial assistance 
     for--
       (A) efforts by entities (including veterans and patriotic 
     organizations) certified by the Office of Citizenship to 
     promote the patriotic integration of prospective citizens 
     into the American way of life by providing civics, history, 
     and English as a second language courses, with a specific 
     emphasis on attachment to principles of the Constitution of 
     the United States, the heroes of American history (including 
     military heroes), and the meaning of the Oath of Allegiance; 
     and
       (B) other activities approved by the Secretary to promote 
     the patriotic integration of prospective citizens and the 
     implementation of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.), including grants--
       (i) to promote an understanding of the form of government 
     and history of the United States; and
       (ii) to promote an attachment to the principles of the 
     Constitution of the United States and the well being and 
     happiness of the people of the United States.
       (2) Acceptance of gifts.--The Secretary may accept and use 
     gifts from the United States Citizenship Foundation, if the 
     foundation is established under subsection (e), for grants 
     under this subsection.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (e) Funding for the Office of Citizenship.--
       (1) Authorization.--The Secretary, acting through the 
     Director of the Bureau of Citizenship and Immigration 
     Services, is authorized to establish the United States 
     Citizenship Foundation (referred to in this subsection as the 
     ``Foundation''), an organization duly incorporated in the 
     District of Columbia, exclusively for charitable and 
     educational purposes to support the functions of the Office 
     of Citizenship.
       (2) Dedicated funding.--
       (A) In general.--Not less than 1.5 percent of the funds 
     made available to the Bureau of Citizenship and Immigration 
     Services from fees shall be dedicated to the functions of the 
     Office of Citizenship, which shall include the patriotic 
     integration of prospective citizens into--
       (i) American common values and traditions, including an 
     understanding of American history and the principles of the 
     Constitution of the United States; and
       (ii) civic traditions of the United States, including the 
     Pledge of Allegiance, respect for the flag of the United 
     States, and voting in public elections.
       (B) Sense of congress.--It is the sense of Congress that 
     dedicating increased funds to the Office of Citizenship 
     should not result in an increase in fees charged by the 
     Bureau of Citizenship and Immigration Services.
       (3) Gifts.--
       (A) To foundation.--The Foundation may solicit, accept, and 
     make gifts of money and other property in accordance with 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       (B) From foundation.--The Office of Citizenship may accept 
     gifts from the Foundation to support the functions of the 
     Office.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the mission of the Office of Citizenship, including the 
     functions described in paragraph (2)(A).
       (f) Restriction on Use of Funds.--No funds appropriated to 
     carry out a program under this subsection (d) or (e) may be 
     used to organize individuals for the purpose of political 
     activism or advocacy.
       (g) Reporting Requirement.--
       (1) In general.--The Chief of the Office of Citizenship 
     shall submit an annual report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate, the Committee 
     on the Judiciary of the Senate, the Committee on Education 
     and the Workforce of the House of Representatives, and the 
     Committee on the Judiciary of the House of Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) a list of the entities that have received funds from 
     the Office of Citizenship during the reporting period under 
     this section and the amount of funding received by each such 
     entity;
       (B) an evaluation of the extent to which grants received 
     under this section successfully promoted an understanding 
     of--
       (i) the English language; and
       (ii) American history and government, including the heroes 
     of American history, the meaning of the Oath of Allegiance, 
     and an attachment to the principles of the Constitution of 
     the United States; and
       (C) information about the number of legal residents who 
     were able to achieve the knowledge described under paragraph 
     (2) as a result of the grants provided under this section.
       (h) Oath or Affirmation of Renunciation and Allegiance.--
       (1) Revision of oath.--Section 337 (8 U.S.C. 1448) is 
     amended--
       (A) in subsection (a), by striking ``under section 310(b) 
     an oath'' and all that follows through ``personal moral 
     code.'' and inserting ``under section 310(b), the oath (or 
     affirmation) of allegiance prescribed in subsection (e).''; 
     and
       (B) by adding at the end the following:
       ``(e)(1) Subject to paragraphs (2) and (3), the oath (or 
     affirmation) of allegiance prescribed in this subsection is 
     as follows: `I take this oath solemnly, freely, and without 
     any mental reservation. I absolutely and entirely renounce 
     all allegiance to any foreign state or power of which I have 
     been a subject or citizen. My fidelity and allegiance from 
     this day forward are to the United States of America. I will 
     bear true faith and allegiance to the Constitution and laws 
     of the United States, and will support and defend them 
     against all enemies, foreign and domestic. I will bear arms, 
     or perform noncombatant military or civilian service, on 
     behalf of the United States when required by law. This I do 
     solemnly swear, so help me God.'.
       ``(2) If a person, by reason of religious training and 
     belief (or individual interpretation thereof) or for other 
     reasons of good conscience, cannot take the oath prescribed 
     in paragraph (1)--
       ``(A) with the term `oath' included, the term `affirmation' 
     shall be substituted for the term `oath'; and
       ``(B) with the phrase `so help me God' included, the phrase 
     `so help me God' shall be omitted.
       ``(3) If a person shows by clear and convincing evidence to 
     the satisfaction of the Attorney General that such person, by 
     reason of religious training and belief, cannot take the oath 
     prescribed in paragraph (1)--
       ``(A) because such person is opposed to the bearing of arms 
     in the Armed Forces of the United States, the words `bear 
     arms, or' shall be omitted; and
       ``(B) because such person is opposed to any type of service 
     in the Armed Forces of the United States, the words `bear 
     arms, or' and `noncombatant military or' shall be omitted.
       ``(4) As used in this subsection, the term `religious 
     training and belief'--
       ``(A) means a belief of an individual in relation to a 
     Supreme Being involving duties superior to those arising from 
     any human relation; and
       ``(B) does not include essentially political, sociological, 
     or philosophical views or a merely personal moral code.
       ``(5) Any reference in this title to `oath' or `oath of 
     allegiance' under this section shall be deemed to refer to 
     the oath (or affirmation) of allegiance prescribed under this 
     subsection.''.
       (2) History and government test.--The Secretary shall 
     incorporate a knowledge and understanding of the meaning of 
     the Oath of Allegiance into the history and government test 
     given to applicants for citizenship.
       (3) Notice to foreign embassies.--Upon the naturalization 
     of a new citizen, the Secretary, in cooperation with the 
     Secretary of State, shall notify the embassy of the country 
     of which the new citizen was a citizen or subject that such 
     citizen has--
       (A) renounced allegiance to that foreign country; and
       (B) sworn allegiance to the United States.
       (4) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the date that is 6 months after the date 
     of enactment of this Act.
       (i) Establishment of New Citizens Award Program.--
       (1) Establishment.--There is established a new citizens 
     award program to recognize citizens who--
       (A) have made an outstanding contribution to the United 
     States; and

[[Page S9976]]

       (B) were naturalized during the 10-year period ending on 
     the date of such recognition.
       (2) Presentation authorized.--
       (A) In general.--The President is authorized to present a 
     medal, in recognition of outstanding contributions to the 
     United States, to citizens described in paragraph (1).
       (B) Maximum number of awards.--Not more than 10 citizens 
     may receive a medal under this subsection in any calendar 
     year.
       (3) Design and striking.--The Secretary of the Treasury 
     shall strike a medal with suitable emblems, devices, and 
     inscriptions, to be determined by the President.
       (4) National medals.--The medals struck pursuant to this 
     subsection are national medals for purposes of chapter 51 of 
     title 31, United States Code.
       (j) Naturalization Ceremonies.--
       (1) In general.--The Secretary, in consultation with the 
     Director of the National Park Service, the Archivist of the 
     United States, and other appropriate Federal officials, shall 
     develop and implement a strategy to enhance the public 
     awareness of naturalization ceremonies.
       (2) Venues.--In developing the strategy under this 
     subsection, the Secretary shall consider the use of 
     outstanding and historic locations as venues for select 
     naturalization ceremonies.
       (3) Reporting requirement.--The Secretary shall submit an 
     annual report to Congress that includes--
       (A) the content of the strategy developed under this 
     subsection; and
       (B) the progress made towards the implementation of such 
     strategy.

     SEC. 644. SUPPLEMENTAL IMMIGRATION FEE.

       (a) Authorization of Fee.--
       (1) In general.--Subject to paragraph (2), any alien who 
     receives any immigration benefit under this title, or the 
     amendments made by this title, shall, before receiving such 
     benefit, pay a fee to the Secretary in an amount equal to 
     $500, in addition to other applicable fees and penalties 
     imposed under this title, or the amendments made by this 
     title.
       (2) Fees contingent on appropriations.--No fee may be 
     collected under this section except to the extent that the 
     expenditure of the fee to pay the costs of activities and 
     services for which the fee is imposed, as described in 
     subsection (b), is provided for in advance in an 
     appropriations Act.
       (b) Deposit and Expenditure of Fees.--
       (1) Deposit.--Amounts collected under subsection (a) shall 
     be deposited as an offsetting collection in, and credited to, 
     the accounts providing appropriations--
       (A) to carry out the apprehension and detention of any 
     alien who is inadmissible by reason of any offense described 
     in section 212(a);
       (B) to carry out the apprehension and detention of any 
     alien who is deportable for any offense under section 237(a);
       (C) to acquire border sensor and surveillance technology;
       (D) for air and marine interdiction, operations, 
     maintenance, and procurement;
       (E) for construction projects in support of the United 
     States Customs and Border Protection;
       (F) to train Federal law enforcement personnel; and
       (G) for maritime security activities.
       (2) Availability of fees.--Amounts deposited under 
     paragraph (1) shall remain available until expended for the 
     activities and services described in paragraph (1).

     SEC. 645. 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.

                        TITLE VII--MISCELLANEOUS

              Subtitle A--Immigration Litigation Reduction

                     CHAPTER 1--APPEALS AND REVIEW

     SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL.

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

                  CHAPTER 2--IMMIGRATION REVIEW REFORM

     SEC. 702. BOARD OF IMMIGRATION APPEALS.

       (a) Composition and Appointment.--Notwithstanding any other 
     provision of law, the Board of Immigration Appeals of the 
     Department of Justice (referred to in this section as the 
     ``Board''), shall be composed of a Chair and 22 other 
     immigration appeals judges, who shall be appointed by the 
     Attorney General. Upon the expiration of a term of office, a 
     Board member may continue to act until a successor has been 
     appointed and qualified.
       (b) Qualifications.--Each member of the Board, including 
     the Chair, shall--
       (1) be an attorney in good standing of a bar of a State or 
     the District of Columbia;
       (2) have at least--
       (A) 7 years of professional, legal expertise; or
       (B) 5 years of professional, legal expertise in immigration 
     and nationality law; and
       (3) meet the minimum appointment requirements of an 
     administrative law judge under title 5, United States Code.

[[Page S9977]]

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

     SEC. 703. IMMIGRATION JUDGES.

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

     SEC. 704. REMOVAL AND REVIEW OF JUDGES.

       No immigration judge or member of the Board may be removed 
     or otherwise subject to disciplinary or adverse action for 
     their exercise of independent judgment and discretion as 
     prescribed by this chapter.

     SEC. 705. LEGAL ORIENTATION PROGRAM.

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

     SEC. 706. REGULATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall issue regulations to 
     implement this subtitle.

     SEC. 707. GAO STUDY ON THE APPELLATE PROCESS FOR IMMIGRATION 
                   APPEALS.

       (a) In General.--The Comptroller General of the United 
     States shall, not later than 180 days after enactment of this 
     Act, conduct a study on the appellate process for immigration 
     appeals.
       (b) Requirements.--In conducting the study under subsection 
     (a), the Comptroller General shall consider the possibility 
     of consolidating all appeals from the Board of Immigration 
     Appeals and habeas corpus petitions in immigration cases into 
     1 United States Court of Appeals, by--
       (1) consolidating all such appeals into an existing circuit 
     court, such as the United States Court of Appeals for the 
     Federal Circuit;
       (2) consolidating all such appeals into a centralized 
     appellate court consisting of active circuit court judges 
     temporarily assigned from the various circuits, in a manner 
     similar to the Foreign Intelligence Surveillance Court or the 
     Temporary Emergency Court of Appeals; or
       (3) implementing a mechanism by which a panel of active 
     circuit court judges shall have the authority to reassign 
     such appeals

[[Page S9978]]

     from circuits with relatively high caseloads to circuits with 
     relatively low caseloads.
       (c) Factors To Consider.--In conducting the study under 
     subsection (a), the Comptroller General, in consultation with 
     the Attorney General, the Secretary, and the Judicial 
     Conference of the United States, shall consider--
       (1) the resources needed for each alternative, including 
     judges, attorneys and other support staff, case management 
     techniques including technological requirements, physical 
     infrastructure, and other procedural and logistical issues as 
     appropriate;
       (2) the impact of each plan on various circuits, including 
     their caseload in general and caseload per panel;
       (3) the possibility of utilizing case management techniques 
     to reduce the impact of any consolidation option, such as 
     requiring certificates of reviewability, similar to 
     procedures for habeas and existing summary dismissal 
     procedures in local rules of the courts of appeals;
       (4) the effect of reforms in this Act on the ability of the 
     circuit courts to adjudicate such appeals;
       (5) potential impact, if any, on litigants; and
       (6) other reforms to improve adjudication of immigration 
     matters, including appellate review of motions to reopen and 
     reconsider, and attorney fee awards with respect to review of 
     final orders of removal.

     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,''.

  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). 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.

           Subtitle C--State Court Interpreter Grant Program

     SEC. 721. SHORT TITLE.

       This subtitle may be cited as the ``State Court Interpreter 
     Grant Program Act''.

     SEC. 722. FINDINGS.

       Congress finds that--
       (1) the fair administration of justice depends on the 
     ability of all participants in a courtroom proceeding to 
     understand that proceeding, regardless of their English 
     proficiency;
       (2) 19 percent of the population of the United States over 
     5 years of age speaks a language other than English at home;
       (3) only qualified court interpreters can ensure that 
     persons with limited English proficiency comprehend judicial 
     proceedings in which they are a party;
       (4) the knowledge and skills required of a qualified court 
     interpreter differ substantially from those required in other 
     interpretation settings, such as social service, medical, 
     diplomatic, and conference interpreting;
       (5) the Federal Government has demonstrated its commitment 
     to equal administration of justice regardless of English 
     proficiency;
       (6) regulations implementing title VI of the Civil Rights 
     Act of 1964, as well as the guidance issued by the Department 
     of Justice pursuant to Executive Order 13166, issued August 
     11, 2000, clarify that all recipients of Federal financial 
     assistance, including State courts, are required to take 
     reasonable steps to provide meaningful access to their 
     proceedings for persons with limited English proficiency;
       (7) 34 States have developed, or are developing, court 
     interpreting programs;
       (8) robust, effective court interpreter programs--
       (A) actively recruit skilled individuals to be court 
     interpreters;
       (B) train those individuals in the interpretation of court 
     proceedings;
       (C) develop and use a thorough, systematic certification 
     process for court interpreters; and
       (D) have sufficient funding to ensure that a qualified 
     interpreter will be available to the court whenever 
     necessary; and
       (9) Federal funding is necessary to--
       (A) encourage State courts that do not have court 
     interpreter programs to develop them;
       (B) assist State courts with nascent court interpreter 
     programs to implement them;
       (C) assist State courts with limited court interpreter 
     programs to enhance them; and
       (D) assist State courts with robust court interpreter 
     programs to make further improvements and share successful 
     programs with other States.

     SEC. 723. STATE COURT INTERPRETER PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Administrator of the Office of Justice 
     Programs of the Department of Justice (referred to in this 
     section as the ``Administrator'') shall make grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State courts to develop and implement programs 
     to assist individuals with limited English proficiency to 
     access and understand State court proceedings in which they 
     are a party.
       (2) Technical assistance.--The Administrator shall 
     allocate, for each fiscal year, $500,000 of the amount 
     appropriated pursuant to section 724 to be used to establish 
     a court interpreter technical assistance program to assist 
     State courts receiving grants under this subtitle.
       (b) Use of Grants.--Grants awarded under subsection (a) may 
     be used by State courts to--
       (1) assess regional language demands;
       (2) develop a court interpreter program for the State 
     courts;
       (3) develop, institute, and administer language 
     certification examinations;
       (4) recruit, train, and certify qualified court 
     interpreters;
       (5) pay for salaries, transportation, and technology 
     necessary to implement the

[[Page S9979]]

     court interpreter program developed under paragraph (2); and
       (6) engage in other related activities, as prescribed by 
     the Attorney General.
       (c) Application.--
       (1) In general.--The highest State court of each State 
     desiring a grant under this section shall submit an 
     application to the Administrator at such time, in such 
     manner, and accompanied by such information as the 
     Administrator may reasonably require.
       (2) State courts.--The highest State court of each State 
     submitting an application under paragraph (1) shall include 
     in the application--
       (A) an identification of each State court in that State 
     which would receive funds from the grant;
       (B) the amount of funds each State court identified under 
     subparagraph (A) would receive from the grant; and
       (C) the procedures the highest State court would use to 
     directly distribute grant funds to State courts identified 
     under subparagraph (A).
       (d) State Court Allotments.--
       (1) Base allotment.--From amounts appropriated for each 
     fiscal year pursuant to section 724, the Administrator shall 
     allocate $100,000 to each of the highest State court of each 
     State, which has an application approved under subsection 
     (c).
       (2) Discretionary allotment.--From amounts appropriated for 
     each fiscal year pursuant to section 724, the Administrator 
     shall allocate a total of $5,000,000 to the highest State 
     court of States that have extraordinary needs that must be 
     addressed in order to develop, implement, or expand a State 
     court interpreter program.
       (3) Additional allotment.--In addition to the allocations 
     made under paragraphs (1) and (2), the Administrator shall 
     allocate to each of the highest State court of each State, 
     which has an application approved under subsection (c), an 
     amount equal to the product reached by multiplying--
       (A) the unallocated balance of the amount appropriated for 
     each fiscal year pursuant to section 724; and
       (B) the ratio between the number of people over 5 years of 
     age who speak a language other than English at home in the 
     State and the number of people over 5 years of age who speak 
     a language other than English at home in all the States that 
     receive an allocation under paragraph (1), as those numbers 
     are determined by the Bureau of the Census.

     SEC. 724. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $15,000,000 for 
     each of the fiscal years 2007 through 2010 to carry out this 
     subtitle.

     Subtitle D--Border Infrastructure and Technology Modernization

     SEC. 731. SHORT TITLE.

       This subtitle may be cited as the ``Border Infrastructure 
     and Technology Modernization Act''.

     SEC. 732. DEFINITIONS.

       In this subtitle:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau of Customs and Border Protection 
     of the Department of Homeland Security.
       (2) Maquiladora.--The term ``maquiladora'' means an entity 
     located in Mexico that assembles and produces goods from 
     imported parts for export to the United States.
       (3) Northern border.--The term ``northern border'' means 
     the international border between the United States and 
     Canada.
       (4) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.

     SEC. 733. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

       (a) Requirement To Update.--Not later than January 31 of 
     each year, the Administrator of General Services shall update 
     the Port of Entry Infrastructure Assessment Study prepared by 
     the Bureau of Customs and Border Protection in accordance 
     with the matter relating to the ports of entry infrastructure 
     assessment that is set out in the joint explanatory statement 
     in the conference report accompanying H.R. 2490 of the 106th 
     Congress, 1st session (House of Representatives Rep. No. 106-
     319, on page 67) and submit such updated study to Congress.
       (b) Consultation.--In preparing the updated studies 
     required in subsection (a), the Administrator of General 
     Services shall consult with the Director of the Office of 
     Management and Budget, the Secretary, and the Commissioner.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 734; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project to--
       (A) fulfill immediate security requirements; and
       (B) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner shall 
     implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under subsection (c)(3).
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, such as 
     immediate security needs or changes in infrastructure in 
     Mexico or Canada, compellingly alter the need for a project 
     in the United States.

     SEC. 734. NATIONAL LAND BORDER SECURITY PLAN.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, an annually thereafter, the 
     Secretary, after consultation with representatives of 
     Federal, State, and local law enforcement agencies and 
     private entities that are involved in international trade 
     across the northern border or the southern border, shall 
     submit a National Land Border Security Plan to Congress.
       (b) Vulnerability Assessment.--
       (1) In general.--The plan required in subsection (a) shall 
     include a vulnerability assessment of each port of entry 
     located on the northern border or the southern border.
       (2) Port security coordinators.--The Secretary may 
     establish 1 or more port security coordinators at each port 
     of entry located on the northern border or the southern 
     border--
       (A) to assist in conducting a vulnerability assessment at 
     such port; and
       (B) to provide other assistance with the preparation of the 
     plan required in subsection (a).

     SEC. 735. EXPANSION OF COMMERCE SECURITY PROGRAMS.

       (a) Customs-Trade Partnership Against Terrorism.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commissioner, in consultation with 
     the Secretary, shall develop a plan to expand the size and 
     scope, including personnel, of the Customs-Trade Partnership 
     Against Terrorism programs along the northern border and 
     southern border, including--
       (A) the Business Anti-Smuggling Coalition;
       (B) the Carrier Initiative Program;
       (C) the Americas Counter Smuggling Initiative;
       (D) the Container Security Initiative;
       (E) the Free and Secure Trade Initiative; and
       (F) other Industry Partnership Programs administered by the 
     Commissioner.
       (2) Southern border demonstration program.--Not later than 
     180 days after the date of enactment of this Act, the 
     Commissioner shall implement, on a demonstration basis, at 
     least 1 Customs-Trade Partnership Against Terrorism program, 
     which has been successfully implemented along the northern 
     border, along the southern border.
       (b) Maquiladora Demonstration Program.--Not later than 180 
     days after the date of enactment of this Act, the 
     Commissioner shall establish a demonstration program to 
     develop a cooperative trade security system to improve supply 
     chain security.

     SEC. 736. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

       (a) Establishment.--The Secretary shall carry out a 
     technology demonstration program to--
       (1) test and evaluate new port of entry technologies;
       (2) refine port of entry technologies and operational 
     concepts; and
       (3) train personnel under realistic conditions.
       (b) Technology and Facilities.--
       (1) Technology testing.--Under the technology demonstration 
     program, the Secretary shall test technologies that enhance 
     port of entry operations, including operations related to--
       (A) inspections;
       (B) communications;
       (C) port tracking;
       (D) identification of persons and cargo;
       (E) sensory devices;
       (F) personal detection;
       (G) decision support; and
       (H) the detection and identification of weapons of mass 
     destruction.
       (2) Development of facilities.--At a demonstration site 
     selected pursuant to subsection (c)(2), the Secretary shall 
     develop facilities to provide appropriate training to law 
     enforcement personnel who have responsibility for border 
     security, including--
       (A) cross-training among agencies;
       (B) advanced law enforcement training; and
       (C) equipment orientation.
       (c) Demonstration Sites.--
       (1) Number.--The Secretary shall carry out the 
     demonstration program at not less than 3 sites and not more 
     than 5 sites.
       (2) Selection criteria.--To ensure that at least 1 of the 
     facilities selected as a port of entry demonstration site for 
     the demonstration program has the most up-to-date design, 
     contains sufficient space to conduct the demonstration 
     program, has a traffic volume low enough to easily 
     incorporate new technologies without interrupting normal 
     processing activity, and can efficiently carry out 
     demonstration and port of entry operations, at least 1 port 
     of entry selected as a demonstration site shall--
       (A) have been established not more than 15 years before the 
     date of the enactment of this Act;
       (B) consist of not less than 65 acres, with the possibility 
     of expansion to not less than 25 adjacent acres; and
       (C) have serviced an average of not more than 50,000 
     vehicles per month during the 1-year period ending on the 
     date of the enactment of this Act.

[[Page S9980]]

       (d) Relationship With Other Agencies.--The Secretary shall 
     permit personnel from an appropriate Federal or State agency 
     to utilize a demonstration site described in subsection (c) 
     to test technologies that enhance port of entry operations, 
     including technologies described in subparagraphs (A) through 
     (H) of subsection (b)(1).
       (e) Report.--
       (1) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress a report on the activities 
     carried out at each demonstration site under the technology 
     demonstration program established under this section.
       (2) Content.--The report submitted under paragraph (1) 
     shall include an assessment by the Secretary of the 
     feasibility of incorporating any demonstrated technology for 
     use throughout the Bureau of Customs and Border Protection.

     SEC. 737. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to any funds otherwise 
     available, there are authorized to be appropriated--
       (1) such sums as may be necessary for the fiscal years 2007 
     through 2011 to carry out the provisions of section 733(a);
       (2) to carry out section 733(d)--
       (A) $100,000,000 for each of the fiscal years 2007 through 
     2011; and
       (B) such sums as may be necessary in any succeeding fiscal 
     year;
       (3) to carry out section 735(a)--
       (A) $30,000,000 for fiscal year 2007, of which $5,000,000 
     shall be made available to fund the demonstration project 
     established in section 736(a)(2); and
       (B) such sums as may be necessary for the fiscal years 2008 
     through 2011;
       (4) to carry out section 735(b)--
       (A) $5,000,000 for fiscal year 2007; and
       (B) such sums as may be necessary for the fiscal years 2008 
     through 2011; and
       (5) to carry out section 736, provided that not more than 
     $10,000,000 may be expended for technology demonstration 
     program activities at any 1 port of entry demonstration site 
     in any fiscal year--
       (A) $50,000,000 for fiscal year 2007; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2008 through 2011.
       (b) International Agreements.--Amounts authorized to be 
     appropriated under this subtitle may be used for the 
     implementation of projects described in the Declaration on 
     Embracing Technology and Cooperation to Promote the Secure 
     and Efficient Flow of People and Commerce across our Shared 
     Border between the United States and Mexico, agreed to March 
     22, 2002, Monterrey, Mexico (commonly known as the Border 
     Partnership Action Plan) or the Smart Border Declaration 
     between the United States and Canada, agreed to December 12, 
     2001, Ottawa, Canada that are consistent with the provisions 
     of this subtitle.

                 Subtitle E--Family Humanitarian Relief

     SEC. 741. SHORT TITLE.

       This subtitle may be cited as the ``September 11 Family 
     Humanitarian Relief and Patriotism Act''.

     SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT 
                   VICTIMS OF TERRORISM.

       (a) Adjustment of Status.--
       (1) In general.--The status of any alien described in 
     subsection (b) shall be adjusted by the Secretary to that of 
     an alien lawfully admitted for permanent residence, if the 
     alien--
       (A) applies for such adjustment not later than 2 years 
     after the date on which the Secretary promulgates final 
     regulations to implement this section; and
       (B) is otherwise admissible to the United States for 
     permanent residence, except in determining such admissibility 
     the grounds for inadmissibility specified in paragraphs (4), 
     (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (2) Rules in applying certain provisions.--
       (A) In general.--In the case of an alien described in 
     subsection (b) who is applying for adjustment of status under 
     this section--
       (i) the provisions of section 241(a)(5) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; 
     and
       (ii) the Secretary may grant the alien a waiver on the 
     grounds of inadmissibility under subparagraphs (A) and (C) of 
     section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
       (B) Standards.--In granting waivers under subparagraph 
     (A)(ii), the Secretary shall use standards used in granting 
     consent under subparagraphs (A)(iii) and (C)(ii) of such 
     section 212(a)(9).
       (3) Relationship of application to certain orders.--
       (A) Application permitted.--An alien present in the United 
     States who has been ordered excluded, deported, removed, or 
     ordered to depart voluntarily from the United States under 
     any provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1).
       (B) Motion not required.--An alien described in 
     subparagraph (A) may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate such order.
       (C) Effect of decision.--If the Secretary grants a request 
     under subparagraph (A), the Secretary shall cancel the order. 
     If the Secretary renders a final administrative decision to 
     deny the request, the order shall be effective and 
     enforceable to the same extent as if the application had not 
     been made.
       (b) Aliens Eligible for Adjustment of Status.--The benefits 
     provided by subsection (a) shall apply to any alien who--
       (1) was lawfully present in the United States as a 
     nonimmigrant alien described in section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on 
     September 10, 2001;
       (2) was, on such date, the spouse, child, dependent son, or 
     dependent daughter of an alien who--
       (A) was lawfully present in the United States as a 
     nonimmigrant alien described in section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on 
     such date; and
       (B) died as a direct result of a specified terrorist 
     activity; and
       (3) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Secretary shall establish, by 
     regulation, a process by which an alien subject to a final 
     order of removal may seek a stay of such order based on the 
     filing of an application under subsection (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), the Secretary shall not order any alien to be 
     removed from the United States, if the alien is in removal 
     proceedings under any provision of such Act and has applied 
     for adjustment of status under subsection (a), except where 
     the Secretary has rendered a final administrative 
     determination to deny the application.
       (3) Work authorization.--The Secretary shall authorize an 
     alien who has applied for adjustment of status under 
     subsection (a) to engage in employment in the United States 
     during the pendency of such application.
       (d) Availability of Administrative Review.--The Secretary 
     shall provide to applicants for adjustment of status under 
     subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (2) aliens subject to removal proceedings under section 240 
     of such Act (8 U.S.C. 1229a).

     SEC. 743. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT 
                   VICTIMS OF TERRORISM.

       (a) In General.--Subject to the provisions of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     other than subsections (b)(1), (d)(1), and (e) of section 
     240A of such Act (8 U.S.C. 1229b), the Secretary shall, under 
     such section 240A, cancel the removal of, and adjust to the 
     status of an alien lawfully admitted for permanent residence, 
     an alien described in subsection (b), if the alien applies 
     for such relief.
       (b) Aliens Eligible for Cancellation of Removal.--The 
     benefits provided by subsection (a) shall apply to any alien 
     who--
       (1) was, on September 10, 2001, the spouse, child, 
     dependent son, or dependent daughter of an alien who died as 
     a direct result of a specified terrorist activity; and
       (2) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Secretary shall provide by regulation 
     for an alien subject to a final order of removal to seek a 
     stay of such order based on the filing of an application 
     under subsection (a).
       (2) Work authorization.--The Secretary shall authorize an 
     alien who has applied for cancellation of removal under 
     subsection (a) to engage in employment in the United States 
     during the pendency of such application.
       (d) Motions To Reopen Removal Proceedings.--
       (1) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen removal proceedings (except 
     limitations premised on an alien's conviction of an 
     aggravated felony (as defined in section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any 
     alien who has become eligible for cancellation of removal as 
     a result of the enactment of this section may file 1 motion 
     to reopen removal proceedings to apply for such relief.
       (2) Filing period.--The Secretary shall designate a 
     specific time period in which all such motions to reopen are 
     required to be filed. The period shall begin not later than 
     60 days after the date of enactment of this Act and shall 
     extend for a period not to exceed 240 days.

     SEC. 744. EXCEPTIONS.

       Notwithstanding any other provision of this subtitle, an 
     alien may not be provided relief under this subtitle if the 
     alien is--
       (1) inadmissible under paragraph (2) or (3) of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)), or deportable under paragraph (2) or (4) of section 
     237(a) of such Act (8 U.S.C. 1227(a)), including any 
     individual culpable for a specified terrorist activity; or
       (2) a family member of an alien described in paragraph (1).

     SEC. 745. EVIDENCE OF DEATH.

       For purposes of this subtitle, the Secretary shall use the 
     standards established under section 426 of the Uniting and 
     Strengthening America by Providing Appropriate Tools Required 
     to Intercept and Obstruct Terrorism

[[Page S9981]]

     (USA PATRIOT ACT) Act of 2001 (115 Stat. 362) in determining 
     whether death occurred as a direct result of a specified 
     terrorist activity.

     SEC. 746. DEFINITIONS.

       (a) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this subtitle, the definitions used in the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), other than the 
     definitions applicable exclusively to title III of such Act, 
     shall apply in the administration of this subtitle.
       (b) Specified Terrorist Activity.--For purposes of this 
     subtitle, the term ``specified terrorist activity'' means any 
     terrorist activity conducted against the Government or the 
     people of the United States on September 11, 2001.

                       Subtitle F--Other Matters

     SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES.

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

     SEC. 752. NONIMMIGRANT ALIEN STATUS FOR CERTAIN ATHLETES.

       (a) In General.--Section 214(c)(4)(A) (8 U.S.C. 
     1184(c)(4)(A)) is amended by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i)(I) performs as an athlete, individually or as part of 
     a group or team, at an internationally recognized level of 
     performance;
       ``(II) is a professional athlete, as defined in section 
     204(i)(2);
       ``(III) performs as an athlete, or as a coach, as part of a 
     team or franchise that is located in the United States and a 
     member of a foreign league or association of 15 or more 
     amateur sports teams, if--

       ``(aa) the foreign league or association is the highest 
     level of amateur performance of that sport in the relevant 
     foreign country;
       ``(bb) participation in such league or association renders 
     players ineligible, whether on a temporary or permanent 
     basis, to earn a scholarship in, or participate in, that 
     sport at a college or university in the United States under 
     the rules of the National Collegiate Athletic Association 
     (NCAA), and
       ``(cc) a significant number of the individuals who play in 
     such league or association are drafted by a major sports 
     league or a minor league affiliate of such a sports league, 
     or

       ``(IV) is a professional athlete or amateur athlete who 
     performs individually or as part of a group in a theatrical 
     ice skating production, and
       ``(ii) seeks to enter the United States temporarily and 
     solely for the purpose of performing--

       ``(I) as such an athlete with respect to a specific 
     athletic competition, or
       ``(II) in the case of an individual described in clause 
     (i)(IV), in a specific theatrical ice skating production or 
     tour.''.

       (b) Petitions for Multiple Aliens.--Section 214(c)(4) (8 
     U.S.C. 1184(c)(4)) is amended by adding at the end the 
     following new paragraph:
       ``(F) The Secretary of Homeland Security shall permit a 
     petition under this subsection to seek classification of more 
     than one alien as a nonimmigrant under section 
     101(a)(15)(P)(i)(a). The fee charged for such a petition may 
     not be more than the fee charged for a petition seeking 
     classification of one such alien.''.
       (c) Relationship to Other Provisions of the Immigration and 
     Nationality Act.--Section 214(c)(4) (8 U.S.C. 1184(c)(4)), as 
     amended by subsection (c), is further amended by adding at 
     the end the following new paragraph:
       ``(G) Notwithstanding any other provision of this title, 
     the Secretary of Homeland Security shall permit an athlete, 
     or the employer of an athlete, to seek admission to the 
     United States for such athlete under a provision of this Act 
     other than section 101(a)(15)(P)(i).''.

     SEC. 753. EXTENSION OF RETURNING WORKER EXEMPTION.

       Section 402(b)(1) of the Save Our Small and Seasonal 
     Businesses Act of 2005 (title IV of division B of Public Law 
     109-13; 8 U.S.C. 1184 note) is amended by striking ``2006'' 
     and inserting ``2009''.

     SEC. 754. SURVEILLANCE TECHNOLOGIES PROGRAMS.

       (a) Aerial Surveillance Program.--
       (1) In general.--In conjunction with the border 
     surveillance plan developed under section 5201 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
     later than 90 days after the date of enactment of this Act, 
     shall develop and implement a program to fully integrate and 
     utilize aerial surveillance technologies, including unmanned 
     aerial vehicles, to enhance the security of the international 
     border between the United States and Canada and the 
     international border between the United States and Mexico. 
     The goal of the program shall be to ensure continuous 
     monitoring of each mile of each such border.
       (2) Assessment and consultation requirements.--In 
     developing the program under this subsection, the Secretary 
     shall--
       (A) consider current and proposed aerial surveillance 
     technologies;
       (B) assess the feasibility and advisability of utilizing 
     such technologies to address border threats, including an 
     assessment of the technologies considered best suited to 
     address respective threats;
       (C) consult with the Secretary of Defense regarding any 
     technologies or equipment, which the Secretary may deploy 
     along an international border of the United States; and
       (D) consult with the Administrator of the Federal Aviation 
     Administration regarding safety, airspace coordination and 
     regulation, and any other issues necessary for implementation 
     of the program.
       (3) Additional requirements.--
       (A) In general.--The program developed under this 
     subsection shall include the use of a variety of aerial 
     surveillance technologies in a variety of topographies and 
     areas, including populated and unpopulated areas located on 
     or near an international border of the United States, in 
     order to evaluate, for a range of circumstances--
       (i) the significance of previous experiences with such 
     technologies in border security or critical infrastructure 
     protection;
       (ii) the cost and effectiveness of various technologies for 
     border security, including varying levels of technical 
     complexity; and
       (iii) liability, safety, and privacy concerns relating to 
     the utilization of such technologies for border security.
       (4) Continued use of aerial surveillance technologies.--The 
     Secretary may continue the operation of aerial surveillance 
     technologies while assessing the effectiveness of the 
     utilization of such technologies.
       (5) Report to congress.--Not later than 180 days after 
     implementing the program under this subsection, the Secretary 
     shall submit a report to Congress regarding the program 
     developed under this subsection. The Secretary shall include 
     in the report a description of the program together with such 
     recommendations as the Secretary finds appropriate for 
     enhancing the program.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (b) Integrated and Automated Surveillance Program.--
       (1) Requirement for program.--Subject to the availability 
     of appropriations, the Secretary shall establish a program to 
     procure additional unmanned aerial vehicles, cameras, poles, 
     sensors, satellites, radar coverage, and other technologies 
     necessary to achieve operational control of the international 
     borders of the United States and to establish a security 
     perimeter known as a ``virtual fence'' along such 
     international borders to provide a barrier to illegal 
     immigration. Such program shall be known as the Integrated 
     and Automated Surveillance Program.
       (2) Program components.--The Secretary shall ensure, to the 
     maximum extent feasible, the Integrated and Automated 
     Surveillance Program is carried out in a manner that--
       (A) the technologies utilized in the Program are integrated 
     and function cohesively in an automated fashion, including 
     the integration of motion sensor alerts and cameras, whereby 
     a sensor alert automatically activates a corresponding camera 
     to pan and tilt in the direction of the triggered sensor;
       (B) cameras utilized in the Program do not have to be 
     manually operated;
       (C) such camera views and positions are not fixed;
       (D) surveillance video taken by such cameras can be viewed 
     at multiple designated communications centers;
       (E) a standard process is used to collect, catalog, and 
     report intrusion and response data collected under the 
     Program;
       (F) future remote surveillance technology investments and 
     upgrades for the Program can be integrated with existing 
     systems;
       (G) performance measures are developed and applied that can 
     evaluate whether the

[[Page S9982]]

     Program is providing desired results and increasing response 
     effectiveness in monitoring and detecting illegal intrusions 
     along the international borders of the United States;
       (H) plans are developed under the Program to streamline 
     site selection, site validation, and environmental assessment 
     processes to minimize delays of installing surveillance 
     technology infrastructure;
       (I) standards are developed under the Program to expand the 
     shared use of existing private and governmental structures to 
     install remote surveillance technology infrastructure where 
     possible; and
       (J) standards are developed under the Program to identify 
     and deploy the use of nonpermanent or mobile surveillance 
     platforms that will increase the Secretary's mobility and 
     ability to identify illegal border intrusions.
       (3) Report to congress.--Not later than 1 year after the 
     initial implementation of the Integrated and Automated 
     Surveillance Program, the Secretary shall submit to Congress 
     a report regarding the Program. The Secretary shall include 
     in the report a description of the Program together with any 
     recommendation that the Secretary finds appropriate for 
     enhancing the program.
       (4) Evaluation of contractors.--
       (A) Requirement for standards.--The Secretary shall develop 
     appropriate standards to evaluate the performance of any 
     contractor providing goods or services to carry out the 
     Integrated and Automated Surveillance Program.
       (B) Review by the inspector general.--The Inspector General 
     of the Department shall timely review each new contract 
     related to the Program that has a value of more than 
     $5,000,000, to determine whether such contract fully complies 
     with applicable cost requirements, performance objectives, 
     program milestones, and schedules. The Inspector General 
     shall report the findings of such review to the Secretary in 
     a timely manner. Not later than 30 days after the date the 
     Secretary receives a report of findings from the Inspector 
     General, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report of such findings and a description 
     of any the steps that the Secretary has taken or plans to 
     take in response to such findings.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.

     SEC. 755. COMPREHENSIVE IMMIGRATION EFFICIENCY REVIEW.

       (a) Review.--The Secretary, in consultation with the 
     Secretary of State, shall conduct a comprehensive review of 
     the immigration procedures in existence as of the date of the 
     enactment of this Act.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report, in classified form, if necessary, that--
       (1) identifies inefficient immigration procedures; and
       (2) outlines a plan to improve the efficiency and 
     responsiveness of the immigration process.

     SEC. 756. NORTHERN BORDER PROSECUTION INITIATIVE.

       (a) Initiative Required.--
       (1) In general.--From amounts made available to carry out 
     this section, the Attorney General, acting through the 
     Director of the Bureau of Justice Assistance of the Office of 
     Justice Programs, shall establish and carry out a program, to 
     be known as the Northern Border Prosecution Initiative, to 
     provide funds to reimburse eligible northern border entities 
     for costs incurred by those entities for handling case 
     dispositions of criminal cases that are federally initiated 
     but federally declined-referred.
       (2) Relation with southwestern border prosecution 
     initiative.--The program established in paragraph (1) shall--
       (A) be modeled after the Southwestern Border Prosecution 
     Initiative; and
       (B) serve as a partner program to that initiative to 
     reimburse local jurisdictions for processing Federal cases.
       (b) Provision and Allocation of Funds.--Funds provided 
     under the program established in subsection (a) shall be--
       (1) provided in the form of direct reimbursements; and
       (2) allocated in a manner consistent with the manner under 
     which funds are allocated under the Southwestern Border 
     Prosecution Initiative.
       (c) Use of Funds.--Funds provided to an eligible northern 
     border entity under this section may be used by the entity 
     for any lawful purpose, including:
       (1) Prosecution and related costs;
       (2) Court costs;
       (3) Costs of courtroom technology;
       (4) Costs of constructing holding spaces;
       (5) Costs of administrative staff;
       (6) Costs of defense counsel for indigent defendants; and
       (7) Detention costs, including pre-trial and post-trial 
     detention.
       (d) Definitions.--In this section:
       (1) Case disposition.--The term ``case disposition''--
       (A) for purposes of the Northern Border Prosecution 
     Initiative, refers to the time between the arrest of a 
     suspect and the resolution of the criminal charges through a 
     county or State judicial or prosecutorial process; and
       (B) does not include incarceration time for sentenced 
     offenders, or time spent by prosecutors on judicial appeals.
       (2) Eligible northern border entity.--The term ``eligible 
     northern border entity'' means--
       (A) the States of Alaska, Idaho, Maine, Michigan, 
     Minnesota, Montana, New Hampshire, New York, North Dakota, 
     Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; or
       (B) any unit of local government within a State referred to 
     in subparagraph (A).
       (3) Federally declined-referred.--The term ``federally 
     declined-referred''--
       (A) means, with respect to a criminal case, that a decision 
     has been made in that case by a United States Attorney or a 
     Federal law enforcement agency during a Federal investigation 
     to no longer pursue Federal criminal charges against a 
     defendant and to refer such investigation to a State or local 
     jurisdiction for possible prosecution; and
       (B) includes a decision made on an individualized case-by-
     case basis as well as a decision made pursuant to a general 
     policy or practice or pursuant to prosecutorial discretion.
       (4) Federally initiated.--The term ``federally initiated'' 
     means, with respect to a criminal case, that the case results 
     from a criminal investigation or an arrest involving Federal 
     law enforcement authorities for a potential violation of 
     Federal criminal law, including investigations resulting from 
     multi-jurisdictional task forces.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $28,000,000 for 
     fiscal year 2006 and such sums as may be necessary for fiscal 
     years thereafter.

     SEC. 757. SOUTHWEST BORDER PROSECUTION INITIATIVE.

       (a) Reimbursement to State and Local Prosecutors for 
     Prosecuting Federally Initiated Drug Cases.--The Attorney 
     General shall, subject to the availability of appropriations, 
     reimburse Southern Border State and county prosecutors for 
     prosecuting federally initiated and referred drug cases.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $50,000,000 for each of the fiscal years 
     2007 through 2012 to carry out subsection (a).

     SEC. 758. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

       (a) Short Title.--This section may be cited as the 
     ``Initial Entry, Adjustment, and Citizenship Assistance Grant 
     Act of 2006''.
       (b) Purpose.--The purpose of this section is to establish a 
     grant program within the Bureau of Citizenship and 
     Immigration Services that provides funding to community-based 
     organizations, including community-based legal service 
     organizations, as appropriate, to develop and implement 
     programs to assist eligible applicants for the conditional 
     nonimmigrant worker program established under this Act by 
     providing them with the services described in subsection 
     (d)(2).
       (c) Definitions.--In this section:
       (1) Community-based organization.--The term ``community-
     based organization'' means a nonprofit, tax-exempt 
     organization, including a faith-based organization, whose 
     staff has experience and expertise in meeting the legal, 
     social, educational, cultural educational, or cultural needs 
     of immigrants, refugees, persons granted asylum, or persons 
     applying for such statuses.
       (2) IEACA grant.--The term ``IEACA grant'' means an Initial 
     Entry, Adjustment, and Citizenship Assistance Grant 
     authorized under subsection (d).
       (d) Establishment of Initial Entry, Adjustment, and 
     Citizenship Assistance Grant Program.--
       (1) Grants authorized.--The Secretary, working through the 
     Director of the Bureau of Citizenship and Immigration 
     Services, may award IEACA grants to community-based 
     organizations.
       (2) Use of funds.--Grants awarded under this section may be 
     used for the design and implementation of programs to provide 
     the following services:
       (A) Initial application.--Assistance and instruction, 
     including legal assistance, to aliens making initial 
     application for treatment under the program established by 
     section 218D of the Immigration and Nationality Act, as added 
     by section 601. Such assistance may include assisting 
     applicants in--
       (i) screening to assess prospective applicants' potential 
     eligibility or lack of eligibility;
       (ii) filling out applications;
       (iii) gathering proof of identification, employment, 
     residence, and tax payment;
       (iv) gathering proof of relationships of eligible family 
     members;
       (v) applying for any waivers for which applicants and 
     qualifying family members may be eligible; and
       (vi) any other assistance that the Secretary or grantee 
     considers useful to aliens who are interested in filing 
     applications for treatment under such section 218D.
       (B) Adjustment of status.--Assistance and instruction, 
     including legal assistance, to aliens seeking to adjust their 
     status in accordance with section 245 or 245B of the 
     Immigration and Nationality Act.
       (C) Citizenship.--Assistance and instruction to applicants 
     on--
       (i) the rights and responsibilities of United States 
     Citizenship;
       (ii) English as a second language;

[[Page S9983]]

       (iii) civics; or
       (iv) applying for United States citizenship.
       (3) Duration and renewal.--
       (A) Duration.--Each grant awarded under this section shall 
     be awarded for a period of not more than 3 years.
       (B) Renewal.--The Secretary may renew any grant awarded 
     under this section in 1-year increments.
       (4) Application for grants.--Each entity desiring an IEACA 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require.
       (5) Eligible organizations.--A community-based organization 
     applying for a grant under this section to provide services 
     described in subparagraph (A), (B), or (C)(iv) of paragraph 
     (2) may not receive such a grant unless the organization is--
       (A) recognized by the Board of Immigration Appeals under 
     section 292.2 of title 8, Code of Federal Regulations; or
       (B) otherwise directed by an attorney.
       (6) Selection of grantees.--Grants awarded under this 
     section shall be awarded on a competitive basis.
       (7) Geographic distribution of grants.--The Secretary shall 
     approve applications under this section in a manner that 
     ensures, to greatest extent practicable, that--
       (A) not less than 50 percent of the funding for grants 
     under this section are awarded to programs located in the 10 
     States with the highest percentage of foreign-born residents; 
     and
       (B) not less than 20 percent of the funding for grants 
     under this section are awarded to programs located in States 
     that are not described in subparagraph (A).
       (8) Ethnic diversity.--The Secretary shall ensure that 
     community-based organizations receiving grants under this 
     section provide services to an ethnically diverse population, 
     to the greatest extent possible.
       (e) Liaison Between USCIS and Grantees.--The Secretary 
     shall establish a liaison between the Bureau of Citizenship 
     and Immigration Services and the community of providers of 
     services under this section to assure quality control, 
     efficiency, and greater client willingness to come forward.
       (f) Reports to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, and each subsequent July 
     1, the Secretary shall submit a report to Congress that 
     includes information regarding--
       (1) the status of the implementation of this section;
       (2) the grants issued pursuant to this section; and
       (3) the results of those grants.
       (g) Source of Grant Funds.--
       (1) Application fees.--The Secretary may use funds made 
     available under sections 218A(l)(2) and 218D(f)(4)(B) of the 
     Immigration and Nationality Act, as added by this Act, to 
     carry out this section.
       (2) Authorization of appropriations.--
       (A) Amounts authorized.--In addition to the amounts made 
     available under paragraph (1), there are authorized to be 
     appropriated such additional sums as may be necessary for 
     each of the fiscal years 2007 through 2011 to carry out this 
     section.
       (B) Availability.--Any amounts appropriated pursuant to 
     subparagraph (A) shall remain available until expended.
       (h) Distribution of Fees and Fines.--
       (1) H-2c visa fees.--Notwithstanding section 218A(l) of the 
     Immigration and Nationality Act, as added by section 403, 2 
     percent of the fees collected under section 218A of such Act 
     shall be made available for grants under the Initial Entry, 
     Adjustment, and Citizenship Assistance Grant Program 
     established under this section.
       (2) Conditional nonimmigrant visa fees and fines.--
     Notwithstanding section 218D(f)(4) of the Immigration and 
     Nationality Act, as added by section 601, 2 percent of the 
     fees and fines collected under section 218D of such Act shall 
     be made available for grants under the Initial Entry, 
     Adjustment, and Citizenship Assistance Grant Program 
     established under this section.

     SEC. 759. SCREENING OF MUNICIPAL SOLID WASTE.

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

     SEC. 760. ACCESS TO IMMIGRATION SERVICES IN AREAS THAT ARE 
                   NOT ACCESSIBLE BY ROAD.

       Notwithstanding any other provision of law, the Secretary 
     shall permit an employee of Customs and Border Protection or 
     Immigration and Customs Enforcement who carries out the 
     functions of Customs and Border Protection or Immigration and 
     Customs Enforcement in a geographic area that is not 
     accessible by road to carry out any function that was 
     performed by an employee of the Immigration and 
     Naturalization Service in such area prior to the date of the 
     enactment of the Homeland Security Act of 2002 (6 U.S.C. 101 
     et seq.).

     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.

[[Page S9984]]

     SEC. 762. UNMANNED AERIAL VEHICLES.

       (a) Unmanned Aerial Vehicles and Associated 
     Infrastructure.--The Secretary shall acquire and maintain MQ-
     9 unmanned aerial vehicles for use on the border, including 
     related equipment such as--
       (1) additional sensors;
       (2) critical spares;
       (3) satellite command and control; and
       (4) other necessary equipment for operational support.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary to carry out subsection (a)--
       (A) $178,400,000 for fiscal year 2007; and
       (B) $276,000,000 for fiscal year 2008.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) shall remain available until expended.

     SEC. 763. RELIEF FOR WIDOWS AND ORPHANS.

       (a) In General.--
       (1) In general.--In applying clause (iii) of section 
     201(b)(2)(A) of the Immigration and Nationality Act, as added 
     by section 504(a), to an alien whose citizen relative died 
     before the date of the enactment of this Act, the alien 
     relative may (notwithstanding the deadlines specified in such 
     clause) file the classification petition under section 
     204(a)(1)(A)(ii) of such Act not later than 2 years after the 
     date of the enactment of this Act.
       (2) Eligibility for parole.--If an alien was excluded, 
     deported, removed or departed voluntarily before the date of 
     the enactment of this Act based solely upon the alien's lack 
     of classification as an immediate relative (as defined by 
     201(b)(2)(A)(ii) of the Immigration and Nationality Act) due 
     to the citizen's death--
       (A) such alien shall be eligible for parole into the United 
     States pursuant to the Attorney General's discretionary 
     authority under section 212(d)(5) of such Act; and
       (B) such alien's application for adjustment of status shall 
     be considered notwithstanding section 212(a)(9) of such Act.
       (b) Adjustment of Status.--Section 245 (8 U.S.C. 1255), as 
     amended by section 408(h) of this Act, is further amended by 
     adding at the end the following:
       ``(o) Application for Adjustment of Status by Surviving 
     Spouses, Parents, and Children.--
       ``(1) In general.--Any alien described in paragraph (2) who 
     applies for adjustment of status before the death of the 
     qualifying relative, may have such application adjudicated as 
     if such death had not occurred.
       ``(2) Alien described.--An alien is described in this 
     paragraph is an alien who--
       ``(A) is an immediate relative (as described in section 
     201(b)(2)(A));
       ``(B) is a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203);
       ``(C) is a derivative beneficiary of an employment-based 
     immigrant under section 203(b) (as described in section 
     203(d)); or
       ``(D) is a derivative beneficiary of a diversity immigrant 
     (as described in section 203(c)).''.
       (c) Transition Period.--
       (1) In general.--Notwithstanding a denial of an application 
     for adjustment of status for an alien whose qualifying 
     relative died before the date of the enactment of this Act, 
     such application may be renewed by the alien through a motion 
     to reopen, without fee, if such motion is filed not later 
     than 2 years after such date of enactment.
       (2) Eligibility for parole.--If an alien was excluded, 
     deported, removed or departed voluntarily before the date of 
     the enactment of this Act--
       (A) such alien shall be eligible for parole into the United 
     States pursuant to the Attorney General's discretionary 
     authority under section 212(d)(5) of the Immigration and 
     Nationality Act; and
       (B) such alien's application for adjustment of status shall 
     be considered notwithstanding section 212(a)(9) of such Act.
       (d) Processing of Immigrant Visas.--Section 204(b) (8 
     U.S.C. 1154), as amended by section 204(b) of this Act, is 
     further amended--
       (1) by striking ``After an investigation'' and inserting 
     the following:
       ``(1) In general.--After an investigation''; and
       (2) by adding at the end the following:
       ``(2) Death of qualifying relative.--
       ``(A) In general.--Any alien described in paragraph (2) 
     whose qualifying relative died before the completion of 
     immigrant visa processing may have an immigrant visa 
     application adjudicated as if such death had not occurred. An 
     immigrant visa issued before the death of the qualifying 
     relative shall remain valid after such death.
       ``(B) Alien described.--An alien is described in this 
     paragraph is an alien who--
       ``(i) is an immediate relative (as described in section 
     201(b)(2)(A));
       ``(ii) is a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203);
       ``(iii) is a derivative beneficiary of an employment-based 
     immigrant under section 203(b) (as described in section 
     203(d)); or
       ``(iv) is a derivative beneficiary of a diversity immigrant 
     (as described in section 203(c)).''.
       (e) Naturalization.--Section 319(a) (8 U.S.C. 1429(a)) is 
     amended by inserting ``(or, if the spouse is deceased, the 
     spouse was a citizen of the United States)'' after ``citizen 
     of the United States''.

     SEC. 764. TERRORIST ACTIVITIES.

       Section 212(a)(3)(B)(i) (8 U.S.C. 1182(a)(3)(B)(i)) is 
     amended--
       (1) in subclause (III), by striking ``, under circumstances 
     indicating an intention to cause death or serious bodily 
     harm, incited'' and inserting ``incited or advocated''; and
       (2) in subclause (VII), by striking ``or espouses terrorist 
     activity or persuades others to endorse or espouse'' and 
     inserting ``espouses, or advocates terrorist activity or 
     persuades others to endorse, espouse, or advocate''.

     SEC. 765. FAMILY UNITY.

       Section 212(a)(9) (8 U.S.C. 1182(a)(9)), as amended by 
     section 212(a) of this Act, is further amended--
       (1) in subparagraph (C)(ii), by striking ``between--'' and 
     all that follows and inserting the following: ``between--

       ``(I) the alien having been battered or subjected to 
     extreme cruelty; and
       ``(II) the alien's removal, departure from the United 
     States, reentry or reentries into the United States, or 
     attempted reentry into the United States.''; and

       (2) by adding at the end the following:
       ``(D) Waiver.--
       ``(i) In general.--The Secretary may waive the application 
     of subparagraphs (B) and (C) for an alien who is a 
     beneficiary of a petition filed under section 201 or 203 if 
     such petition was filed not later than the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006.
       ``(ii) Fine.--An alien who is granted a waiver under clause 
     (i) shall pay a $2,000 fine.''.

     SEC. 766. TRAVEL DOCUMENT PLAN.

       Section 7209 (b)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is 
     amended by striking ``January 1, 2008'' and inserting ``June 
     1, 2009''.

     SEC. 767. ENGLISH AS NATIONAL LANGUAGE.

       (a) In General.--Title 4, United States Code, is amended by 
     adding at the end the following:

                ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``Sec
``161. Declaration of national language
``162. Preserving and enhancing the role of the national language

     ``Sec. 161. Declaration of national language

       ``English is the national language of the United States.

     ``Sec. 162. Preserving and enhancing the role of the national 
       language

       ``The Government of the United States shall preserve and 
     enhance the role of English as the national language of the 
     United States of America. Unless otherwise authorized or 
     provided by law, no person has a right, entitlement, or claim 
     to have the Government of the United States or any of its 
     officials or representatives act, communicate, perform or 
     provide services, or provide materials in any language other 
     than English. If exceptions are made, that does not create a 
     legal entitlement to additional services in that language or 
     any language other than English. If any forms are issued by 
     the Federal Government in a language other than English (or 
     such forms are completed in a language other than English), 
     the English language version of the form is the sole 
     authority for all legal purposes.''.
       (b) Conforming Amendment.--The table of chapters for title 
     4, United States Code, is amended by adding at the end the 
     following:

``6. Language of the Government..............................161''.....

     SEC. 768. REQUIREMENTS FOR NATURALIZATION.

       (a) Findings.--The Senate makes the following findings:
       (1) Under United States law (8 U.S.C. 1423(a)), lawful 
     permanent residents of the United States who have immigrated 
     from foreign countries must, among other requirements, 
     demonstrate an understanding of the English language, United 
     States history and Government, to become citizens of the 
     United States.
       (2) The Department of Homeland Security is currently 
     conducting a review of the testing process used to ensure 
     prospective United States citizens demonstrate said knowledge 
     of the English language and United States history and 
     Government for the purpose of redesigning said test.
       (b) Definitions.--For purposes of this section only, the 
     following words are defined:
       (1) Key documents.--The term ``key documents'' means the 
     documents that established or explained the foundational 
     principles of democracy in the United States, including the 
     United States Constitution and the amendments to the 
     Constitution (particularly the Bill of Rights), the 
     Declaration of Independence, the Federalist Papers, and the 
     Emancipation Proclamation.
       (2) Key events.--The term ``key events'' means the critical 
     turning points in the history of the United States (including 
     the American Revolution, the Civil War, the world wars of the 
     twentieth century, the civil rights movement, and the major 
     court decisions and legislation) that contributed to 
     extending the promise of democracy in American life.
       (3) Key ideas.--The term ``key ideas'' means the ideas that 
     shaped the democratic institutions and heritage of the United 
     States, including the notion of equal justice under the law, 
     freedom, individualism, human rights, and a belief in 
     progress.
       (4) Key persons.--The term ``key persons'' means the men 
     and women who led the United States as founding fathers, 
     elected officials, scientists, inventors, pioneers, advocates 
     of equal rights, entrepreneurs, and artists.
       (c) Goals for Citizenship Test Redesign.--The Department of 
     Homeland Security shall establish as goals of the testing

[[Page S9985]]

     process designed to comply with provisions of (8 U.S.C. 
     1423(a)) that prospective citizens--
       (1) demonstrate a sufficient understanding of the English 
     language for usage in everyday life;
       (2) demonstrate an understanding of American common values 
     and traditions, including the principles of the Constitution 
     of the United States, the Pledge of Allegiance, respect for 
     the flag of the United States, the National Anthem, and 
     voting in public elections;
       (3) demonstrate an understanding of the history of the 
     United States, including the key events, key persons, key 
     ideas, and key documents that shaped the institutions and 
     democratic heritage of the United States;
       (4) demonstrate an attachment to the principles of the 
     Constitution of the United States and the well being and 
     happiness of the people of the United States; and
       (5) demonstrate an understanding of the rights and 
     responsibilities of citizenship in the United States.
       (d) Implementation.--The Secretary of Homeland Security 
     shall implement changes to the testing process designed to 
     ensure compliance with (8 U.S.C. 1423 (a)) not later than 
     January 1, 2008.

     SEC. 769. DECLARATION OF ENGLISH.

       English is the common and unifying language of the United 
     States that helps provide unity for the people of the United 
     States.

     SEC. 770. PRESERVING AND ENHANCING THE ROLE OF THE ENGLISH 
                   LANGUAGE.

       The Government of the United States shall preserve and 
     enhance the role of English as the common and unifying 
     language of America. Nothing herein shall diminish or expand 
     any existing rights under the law of the United States 
     relative to services or materials provided by the Government 
     of the United States in any language other than English.
        For the purposes of this section, law is defined as 
     including provisions of the United States Code and the United 
     States Constitution, controlling judicial decisions, 
     regulations, and controlling Presidential Executive Orders.
       (a) Conforming Amendment.--The table of chapters for title 
     4, United States Code, is amended by adding at the end 
     Language of Government of the United States.

     SEC. 771. EXCLUSION OF ILLEGAL ALIENS FROM CONGRESSIONAL 
                   APPORTIONMENT TABULATIONS.

       In addition to any report under this Act the Director of 
     the Bureau of the Census shall submit to Congress a report on 
     the impact of illegal immigration on the apportionment of 
     Representatives of Congress among the several States, and any 
     methods and procedures that the Director determines to be 
     feasible and appropriate, to ensure that individuals who are 
     found by an authorized Federal agency to be unlawfully 
     present in the United States are not counted in tabulating 
     population for purposes of apportionment of Representatives 
     in Congress among the several States.

     SEC. 772. 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. 773. 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. 774. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS 
                   FOR CERTAIN LEGAL ASSISTANCE.

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

     SEC. 775. 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. 776. 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

[[Page S9986]]

       ``(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. 777. 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. 778. 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.

     SEC. 779. NATIONAL SECURITY DETERMINATION.

       Notwithstanding any other provision of this Act, the 
     President shall ensure that no provision of title IV or title 
     VI of this Act, or any amendment made by either such title, 
     is carried out until after the date on which the President 
     makes a determination that the implementation of such title 
     IV and title VI, and the amendments made by either such 
     title, will strengthen the national security of the United 
     States.

                TITLE VIII--INTERCOUNTRY ADOPTION REFORM

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Intercountry Adoption 
     Reform Act of 2006'' or the ``ICARE Act''.

     SEC. 802. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) That a child, for the full and harmonious development 
     of his or her personality, should grow up in a family 
     environment, in an atmosphere of happiness, love, and 
     understanding.
       (2) That intercountry adoption may offer the advantage of a 
     permanent family to a child for whom a suitable family cannot 
     be found in his or her country of origin.
       (3) There has been a significant growth in intercountry 
     adoptions. In 1990, Americans adopted 7,093 children from 
     abroad. In 2004, they adopted 23,460 children from abroad.
       (4) Americans increasingly seek to create or enlarge their 
     families through intercountry adoptions.
       (5) There are many children worldwide that are without 
     permanent homes.
       (6) In the interest of children without a permanent family 
     and the United States citizens who are waiting to bring them 
     into their families, reforms are needed in the intercountry 
     adoption process used by United States citizens.
       (7) Before adoption, each child should have the benefit of 
     measures taken to ensure that intercountry adoption is in his 
     or her best interest and that prevents the abduction, 
     selling, or trafficking of children.
       (8) In addition, Congress recognizes that foreign-born 
     adopted children do not make the decision whether to 
     immigrate to the United States. They are being chosen by 
     Americans to become part of their immediate families.
       (9) As such these children should not be classified as 
     immigrants in the traditional sense. Once fully and finally 
     adopted, they should be treated as children of United States 
     citizens.
       (10) Since a child who is fully and finally adopted is 
     entitled to the same rights, duties, and responsibilities as 
     a biological child, the law should reflect such equality.

[[Page S9987]]

       (11) Therefore, foreign-born adopted children of United 
     States citizens should be accorded the same procedural 
     treatment as biological children born abroad to a United 
     States citizen.
       (12) If a United States citizen can confer citizenship to a 
     biological child born abroad, then the same citizen is 
     entitled to confer such citizenship to their legally and 
     fully adopted foreign-born child immediately upon final 
     adoption.
       (13) If a United States citizen cannot confer citizenship 
     to a biological child born abroad, then such citizen cannot 
     confer citizenship to their legally and fully adopted 
     foreign-born child, except through the naturalization 
     process.
       (b) Purposes.--The purposes of this title are--
       (1) to ensure the any adoption of a foreign-born child by 
     parents in the United States is carried out in the manner 
     that is in the best interest of the child;
       (2) to ensure that foreign-born children adopted by United 
     States citizens will be treated identically to a biological 
     child born abroad to the same citizen parent; and
       (3) to improve the intercountry adoption process to make it 
     more citizen friendly and focused on the protection of the 
     child.

     SEC. 803. DEFINITIONS.

       In this title:
       (1) Adoptable child.--The term ``adoptable child'' has the 
     same meaning given such term in section 101(c)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(c)(3)), as 
     added by section 824(a) of this Act.
       (2) Ambassador at large.--The term ``Ambassador at Large'' 
     means the Ambassador at Large for Intercountry Adoptions 
     appointed to head the Office pursuant to section 811(b).
       (3) Competent authority.--The term ``competent authority'' 
     means the entity or entities authorized by the law of the 
     child's country of residence to engage in permanent placement 
     of children who are no longer in the legal or physical 
     custody of their biological parents.
       (4) Convention.--The term ``Convention'' means the 
     Convention on Protection of Children and Co-operation in 
     Respect of Intercountry Adoption, done at The Hague on May 
     29, 1993.
       (5) Full and final adoption.--The term ``full and final 
     adoption'' means an adoption--
       (A) that is completed according to the laws of the child's 
     country of residence or the State law of the parent's 
     residence;
       (B) under which a person is granted full and legal custody 
     of the adopted child;
       (C) that has the force and effect of severing the child's 
     legal ties to the child's biological parents;
       (D) under which the adoptive parents meet the requirements 
     of section 825; and
       (E) under which the child has been adjudicated to be an 
     adoptable child in accordance with section 826.
       (6) Office.--The term ``Office'' means the Office of 
     Intercountry Adoptions established under section 811(a).
       (7) Readily approvable.--A petition or certification is 
     ``readily approvable'' if the documentary support provided 
     along with such petition or certification demonstrates that 
     the petitioner satisfies the eligibility requirements and no 
     additional information or investigation is necessary.

          Subtitle A--Administration of Intercountry Adoptions

     SEC. 811. OFFICE OF INTERCOUNTRY ADOPTIONS.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, there shall be established within 
     the Department of State, an Office of Intercountry Adoptions 
     which shall be headed by the Ambassador at Large for 
     Intercountry Adoptions.
       (b) Ambassador at Large.--
       (1) Appointment.--The Ambassador at Large shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate, from among individuals who have 
     background, experience, and training in intercountry 
     adoptions.
       (2) Conflicts of interest.--The individual appointed to be 
     the Ambassador at Large shall be free from any conflict of 
     interest that could impede such individual's ability to serve 
     as the Ambassador.
       (3) Authority.--The Ambassador at Large shall report 
     directly to the Secretary of State, in consultation with the 
     Assistant Secretary for Consular Affairs.
       (4) Regulations.--The Ambassador at Large may not issue 
     rules or regulations unless such rules or regulations have 
     been approved by the Secretary of State.
       (5) Duties of the ambassador at large.--The Ambassador at 
     Large shall have the following responsibilities:
       (A) In general.--The primary responsibilities of the 
     Ambassador at Large shall be--
       (i) to ensure that any adoption of a foreign-born child by 
     parents in the United States is carried out in the manner 
     that is in the best interest of the child; and
       (ii) to assist the Secretary of State in fulfilling the 
     responsibilities designated to the central authority under 
     title I of the Intercountry Adoption Act of 2000 (42 U.S.C. 
     14911 et seq.).
       (B) Advisory role.--The Ambassador at Large shall be a 
     principal advisor to the President and the Secretary of State 
     regarding matters affecting intercountry adoption and the 
     general welfare of children abroad and shall make 
     recommendations regarding--
       (i) the policies of the United States with respect to the 
     establishment of a system of cooperation among the parties to 
     the Convention;
       (ii) the policies to prevent abandonment, to strengthen 
     families, and to advance the placement of children in 
     permanent families; and
       (iii) policies that promote the protection and well-being 
     of children.
       (C) Diplomatic representation.--Subject to the direction of 
     the President and the Secretary of State, the Ambassador at 
     Large may represent the United States in matters and cases 
     relevant to international adoption in--
       (i) fulfillment of the responsibilities designated to the 
     central authority under title I of the Intercountry Adoption 
     Act of 2000 (42 U.S.C. 14911 et seq.);
       (ii) contacts with foreign governments, intergovernmental 
     organizations, and specialized agencies of the United Nations 
     and other international organizations of which the United 
     States is a member; and
       (iii) multilateral conferences and meetings relevant to 
     international adoption.
       (D) International policy development.--The Ambassador at 
     Large shall advise and support the Secretary of State and 
     other relevant Bureaus of the Department of State in the 
     development of sound policy regarding child protection and 
     intercountry adoption.
       (E) Reporting responsibilities.--The Ambassador at Large 
     shall have the following reporting responsibilities:
       (i) In general.--The Ambassador at Large shall assist the 
     Secretary of State and other relevant Bureaus in preparing 
     those portions of the Human Rights Reports that relate to the 
     abduction, sale, and trafficking of children.
       (ii) Annual report on intercountry adoption.--Not later 
     than September 1 of each year, the Secretary of State shall 
     prepare and submit to Congress an annual report on 
     intercountry adoption. Each annual report shall include--

       (I) a description of the status of child protection and 
     adoption in each foreign country, including--

       (aa) trends toward improvement in the welfare and 
     protection of children and families;
       (bb) trends in family reunification, domestic adoption, and 
     intercountry adoption;
       (cc) movement toward ratification and implementation of the 
     Convention; and
       (dd) census information on the number of children in 
     orphanages, foster homes, and other types of nonpermanent 
     residential care as reported by the foreign country;

       (II) the number of intercountry adoptions by United States 
     citizens, including the country from which each child 
     emigrated, the State in which each child resides, and the 
     country in which the adoption was finalized;
       (III) the number of intercountry adoptions involving 
     emigration from the United States, including the country 
     where each child now resides and the State from which each 
     child emigrated;
       (IV) the number of placements for adoption in the United 
     States that were disrupted, including the country from which 
     the child emigrated, the age of the child, the date of the 
     placement for adoption, the reasons for the disruption, the 
     resolution of the disruption, the agencies that handled the 
     placement for adoption, and the plans for the child, and in 
     addition, any information regarding disruption or dissolution 
     of adoptions of children from other countries received 
     pursuant to section 422(b)(14) of the Social Security Act (42 
     U.S.C. 622(b)(14));
       (V) the average time required for completion of an 
     adoption, set forth by the country from which the child 
     emigrated;
       (VI) the current list of agencies accredited and persons 
     approved under the Intercountry Adoption Act of 2000 (42 
     U.S.C. 14901 et seq.) to provide adoption services;
       (VII) the names of the agencies and persons temporarily or 
     permanently debarred under the Intercountry Adoption Act of 
     2000 (42 U.S.C. 14901 et seq.), and the reasons for the 
     debarment;
       (VIII) the range of adoption fees involving adoptions by 
     United States citizens and the median of such fees set forth 
     by the country of origin;
       (IX) the range of fees charged for accreditation of 
     agencies and the approval of persons in the United States 
     engaged in providing adoption services under the Convention; 
     and
       (X) recommendations of ways the United States might act to 
     improve the welfare and protection of children and families 
     in each foreign country.

       (c) Functions of Office.--The Office shall have the 
     following 7 functions:
       (1) Approval of a family to adopt.--To approve or 
     disapprove the eligibility of a United States citizen to 
     adopt a child born in a foreign country.
       (2) Child adjudication.--To investigate and adjudicate the 
     status of a child born in a foreign country to determine 
     whether that child is an adoptable child.
       (3) Family services.--To provide assistance to United 
     States citizens engaged in the intercountry adoption process 
     in resolving problems with respect to that process and to 
     track intercountry adoption cases so as to ensure that all 
     such adoptions are processed in a timely manner.
       (4) International policy development.--To advise and 
     support the Ambassador at

[[Page S9988]]

     Large and other relevant Bureaus of the Department of State 
     in the development of sound policy regarding child protection 
     and intercountry adoption.
       (5) Central authority.--To assist the Secretary of State in 
     carrying out duties of the central authority as defined in 
     section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 
     14902).
       (6) Enforcement.--To investigate, either directly or in 
     cooperation with other appropriate international, Federal, 
     State, or local entities, improprieties relating to 
     intercountry adoption, including issues of child protection, 
     birth family protection, and consumer fraud.
       (7) Administration.--To perform administrative functions 
     related to the functions performed under paragraphs (1) 
     through (6), including legal functions and congressional 
     liaison and public affairs functions.
       (d) Organization.--
       (1) In general.--All functions of the Office shall be 
     performed by officers employed in a central office located in 
     Washington, D.C. Within that office, there shall be 7 
     divisions corresponding to the 7 functions of the Office. The 
     director of each such division shall report directly to the 
     Ambassador at Large.
       (2) Approval to adopt.--The division responsible for 
     approving parents to adopt shall be divided into regions of 
     the United States as follows:
       (A) Northwest.
       (B) Northeast.
       (C) Southwest.
       (D) Southeast.
       (E) Midwest.
       (F) West.
       (3) Child adjudication.--To the extent practicable, the 
     division responsible for the adjudication of foreign-born 
     children as adoptable shall be divided by world regions which 
     correspond to the world regions used by other divisions 
     within the Department of State.
       (4) Use of international field officers.--Nothing in this 
     section shall be construed to prohibit the use of 
     international field officers posted abroad, as necessary, to 
     fulfill the requirements of this Act.
       (5) Coordination.--The Ambassador at Large shall coordinate 
     with appropriate employees of other agencies and departments 
     of the United States, whenever appropriate, in carrying out 
     the duties of the Ambassador.
       (e) Qualifications and Training.--In addition to meeting 
     the employment requirements of the Department of State, 
     officers employed in any of the 7 divisions of the Office 
     shall undergo extensive and specialized training in the laws 
     and processes of intercountry adoption as well as 
     understanding the cultural, medical, emotional, and social 
     issues surrounding intercountry adoption and adoptive 
     families. The Ambassador at Large shall, whenever possible, 
     recruit and hire individuals with background and experience 
     in intercountry adoptions, taking care to ensure that such 
     individuals do not have any conflicts of interest that might 
     inhibit their ability to serve.
       (f) Use of Electronic Databases and Filing.--To the extent 
     possible, the Office shall make use of centralized, 
     electronic databases and electronic form filing.

     SEC. 812. RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED 
                   STATES.

       Section 505(a)(1) of the Intercountry Adoption Act of 2000 
     (42 U.S.C. 14901 note) is amended by inserting ``301, 302,'' 
     after ``205,''.

     SEC. 813. TECHNICAL AND CONFORMING AMENDMENT.

       Section 104 of the Intercountry Adoption Act of 2000 (42 
     U.S.C. 14914) is repealed.

     SEC. 814. TRANSFER OF FUNCTIONS.

       (a) In General.--Subject to subsection (c), all functions 
     under the immigration laws of the United States with respect 
     to the adoption of foreign-born children by United States 
     citizens and their admission to the United States that have 
     been vested by statute in, or exercised by, the Secretary of 
     Homeland Security immediately prior to the effective date of 
     this Act, are transferred to the Secretary of State on the 
     effective date of this Act and shall be carried out by the 
     Ambassador at Large, under the supervision of the Secretary 
     of State, in accordance with applicable laws and this Act.
       (b) Exercise of Authorities.--Except as otherwise provided 
     by law, the Ambassador at Large may, for purposes of 
     performing any function transferred to the Ambassador at 
     Large under subsection (a), exercise all authorities under 
     any other provision of law that were available with respect 
     to the performance of that function to the official 
     responsible for the performance of the function immediately 
     before the effective date of the transfer of the function 
     pursuant to this subtitle.
       (c) Limitation on Transfer of Pending Adoptions.--If an 
     individual has filed a petition with the Immigration and 
     Naturalization Service or the Department of Homeland Security 
     with respect to the adoption of a foreign-born child prior to 
     the date of enactment of this Act, the Secretary of Homeland 
     Security shall have the authority to make the final 
     determination on such petition and such petition shall not be 
     transferred to the Office.

     SEC. 815. TRANSFER OF RESOURCES.

       Subject to section 1531 of title 31, United States Code, 
     upon the effective date of this Act, there are transferred to 
     the Ambassador at Large for appropriate allocation in 
     accordance with this Act, the assets, liabilities, contracts, 
     property, records, and unexpended balance of appropriations, 
     authorizations, allocations, and other funds employed, held, 
     used, arising from, available to, or to be made available to 
     the Department of Homeland Security in connection with the 
     functions transferred pursuant to this subtitle.

     SEC. 816. INCIDENTAL TRANSFERS.

       The Ambassador at Large may make such additional incidental 
     dispositions of personnel, assets, liabilities, grants, 
     contracts, property, records, and unexpended balances of 
     appropriations, authorizations, allocations, and other funds 
     held, used, arising from, available to, or to be made 
     available in connection with such functions, as may be 
     necessary to carry out this subtitle. The Ambassador at Large 
     shall provide for such further measures and dispositions as 
     may be necessary to effectuate the purposes of this subtitle.

     SEC. 817. SAVINGS PROVISIONS.

       (a) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, agreements, 
     including collective bargaining agreements, certificates, 
     licenses, and privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, the Ambassador at Large, 
     the former Commissioner of the Immigration and Naturalization 
     Service, or the Secretary of Homeland Security, or their 
     delegates, or any other Government official, or by a court of 
     competent jurisdiction, in the performance of any function 
     that is transferred pursuant to this subtitle; and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date);

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law, except that any collective bargaining agreement shall 
     remain in effect until the date of termination specified in 
     the agreement.
       (b) Proceedings.--
       (1) Pending.--The transfer of functions under section 814 
     shall not affect any proceeding or any application for any 
     benefit, service, license, permit, certificate, or financial 
     assistance pending on the effective date of this subtitle 
     before an office whose functions are transferred pursuant to 
     this subtitle, but such proceedings and applications shall be 
     continued.
       (2) Orders.--Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this Act had not been enacted, 
     and orders issued in any such proceeding shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law.
       (3) Discontinuance or modification.--Nothing in this 
     section shall be considered to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this section had not 
     been enacted.
       (c) Suits.--This subtitle shall not affect suits commenced 
     before the effective date of this subtitle, and in all such 
     suits, proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this Act had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Department of State, 
     the Immigration and Naturalization Service, or the Department 
     of Homeland Security, or by or against any individual in the 
     official capacity of such individual as an officer or 
     employee in connection with a function transferred pursuant 
     to this section, shall abate by reason of the enactment of 
     this Act.
       (e) Continuance of Suit With Substitution of Parties.--If 
     any Government officer in the official capacity of such 
     officer is party to a suit with respect to a function of the 
     officer, and pursuant to this subtitle such function is 
     transferred to any other officer or office, then such suit 
     shall be continued with the other officer or the head of such 
     other office, as applicable, substituted or added as a party.
       (f) Administrative Procedure and Judicial Review.--Except 
     as otherwise provided by this subtitle, any statutory 
     requirements relating to notice, hearings, action upon the 
     record, or administrative or judicial review that apply to 
     any function transferred pursuant to any provision of this 
     subtitle shall apply to the exercise of such function by the 
     head of the office, and other officers of the office, to 
     which such function is transferred pursuant to such 
     provision.

    Subtitle B--Reform of United States Laws Governing Intercountry 
                               Adoptions

     SEC. 821. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR ADOPTED 
                   CHILDREN BORN OUTSIDE THE UNITED STATES.

       (a) Automatic Citizenship Provisions.--
       (1) Amendment of the ina.--Section 320 of the Immigration 
     and Nationality Act (8 U.S.C. 1431) is amended to read as 
     follows:

     ``SEC. 320. CONDITIONS FOR AUTOMATIC CITIZENSHIP FOR CHILDREN 
                   BORN OUTSIDE THE UNITED STATES.

       ``(a) In General.--A child born outside of the United 
     States automatically becomes a citizen of the United States--
       ``(1) if the child is not an adopted child--

[[Page S9989]]

       ``(A) at least 1 parent of the child is a citizen of the 
     United States, whether by birth or naturalization, who has 
     been physically present (as determined under subsection (b)) 
     in the United States or its outlying possessions for a period 
     or periods totaling not less than 5 years, at least 2 of 
     which were after attaining the age of 14 years; and
       ``(B) the child is under the age of 18 years; or
       ``(2) if the child is an adopted child, on the date of the 
     full and final adoption of the child--
       ``(A) at least 1 parent of the child is a citizen of the 
     United States, whether by birth or naturalization, who has 
     been physically present (as determined under subsection (b)) 
     in the United States or its outlying possessions for a period 
     or periods totaling not less than 5 years, at least 2 of 
     which were after attaining the age of 14 years;
       ``(B) the child is an adoptable child;
       ``(C) the child is the beneficiary of a full and final 
     adoption decree entered by a foreign government or a court in 
     the United States; and
       ``(D) the child is under the age of 16 years.
       ``(b) Physical Presence.--For the purposes of subsection 
     (a)(2)(A), the requirement for physical presence in the 
     United States or its outlying possessions may be satisfied by 
     the following:
       ``(1) Any periods of honorable service in the Armed Forces 
     of the United States.
       ``(2) Any periods of employment with the United States 
     Government or with an international organization as that term 
     is defined in section 1 of the International Organizations 
     Immunities Act (22 U.S.C. 288) by such citizen parent.
       ``(3) Any periods during which such citizen parent is 
     physically present outside the United States or its outlying 
     possessions as the dependent unmarried son or daughter and a 
     member of the household of a person--
       ``(A) honorably serving with the Armed Forces of the United 
     States; or
       ``(B) employed by the United States Government or an 
     international organization as defined in section 1 of the 
     International Organizations Immunities Act (22 U.S.C. 288).
       ``(c) Full and Final Adoption.--In this section, the term 
     `full and final adoption' means an adoption--
       ``(1) that is completed under the laws of the child's 
     country of residence or the State law of the parent's 
     residence;
       ``(2) under which a person is granted full and legal 
     custody of the adopted child;
       ``(3) that has the force and effect of severing the child's 
     legal ties to the child's biological parents;
       ``(4) under which the adoptive parents meet the 
     requirements of section 825 of the Intercountry Adoption 
     Reform Act of 2006; and
       ``(5) under which the child has been adjudicated to be an 
     adoptable child in accordance with section 826 of the 
     Intercountry Adoption Reform Act of 2006.''.
       (b) Conforming Amendment.--The table of contents in the 
     first section of the Immigration and Nationality Act (66 
     Stat. 163) is amended by striking the item relating to 
     section 320 and inserting the following:

``Sec. 320. Conditions for automatic citizenship for children born 
              outside the United States''.
       (c) Effective Date.--This section shall take effect as if 
     enacted on June 27, 1952.

     SEC. 822. REVISED PROCEDURES.

       Notwithstanding any other provision of law, the following 
     requirements shall apply with respect to the adoption of 
     foreign born children by United States citizens:
       (1) Upon completion of a full and final adoption, the 
     Secretary shall issue a United States passport and a Consular 
     Report of Birth for a child who satisfies the requirements of 
     section 320(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1431(a)(2)), as amended by section 821 of this Act, 
     upon application by a United States citizen parent.
       (2) An adopted child described in paragraph (1) shall not 
     require the issuance of a visa for travel and admission to 
     the United States but shall be admitted to the United States 
     upon presentation of a valid, unexpired United States 
     passport.
       (3) No affidavit of support under section 213A of the 
     Immigration and Nationality Act (8 U.S.C. 1183a) shall be 
     required in the case of any adoptable child.
       (4) The Secretary of State, acting through the Ambassador 
     at Large, shall require that agencies provide prospective 
     adoptive parents an opportunity to conduct an independent 
     medical exam and a copy of any medical records of the child 
     known to exist (to the greatest extent practicable, these 
     documents shall include an English translation) on a date 
     that is not later than the earlier of the date that is 2 
     weeks before the adoption, or the date on which prospective 
     adoptive parents travel to such a foreign country to complete 
     all procedures in such country relating to adoption.
       (5) The Secretary of State, acting through the Ambassador 
     at Large, shall take necessary measures to ensure that all 
     prospective adoptive parents adopting internationally are 
     provided with training that includes counseling and guidance 
     for the purpose of promoting a successful intercountry 
     adoption before such parents travel to adopt the child or the 
     child is placed with such parents for adoption.
       (6) The Secretary of State, acting through the Ambassador 
     at Large, shall take necessary measures to ensure that--
       (A) prospective adoptive parents are given full disclosure 
     of all direct and indirect costs of intercountry adoption 
     before the parents are matched with a child for adoption;
       (B) fees charged in relation to the intercountry adoption 
     be on a fee-for-service basis not on a contingent fee basis; 
     and
       (C) that the transmission of fees between the adoption 
     agency, the country of origin, and the prospective adoptive 
     parents is carried out in a transparent and efficient manner.
       (7) The Secretary of State, acting through the Ambassador 
     at Large, shall take all measures necessary to ensure that 
     all documents provided to a country of origin on behalf of a 
     prospective adoptive parent are truthful and accurate.

     SEC. 823. NONIMMIGRANT VISAS FOR CHILDREN TRAVELING TO THE 
                   UNITED STATES TO BE ADOPTED BY A UNITED STATES 
                   CITIZEN.

       (a) Nonimmigrant Classification.--
       (1) In general.--Section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding 
     at the end the following:
       ``(W) an adoptable child who is coming into the United 
     States for adoption by a United States citizen and a spouse 
     jointly or by an unmarried United States citizen at least 25 
     years of age, who has been approved to adopt by the Office of 
     International Adoption of the Department of State.''.
       (2) Technical and conforming amendments.--Such section 
     101(a)(15) is further amended--
       (A) by striking ``or'' at the end of subparagraph (U); and
       (B) by striking the period at the end of subparagraph (V) 
     and inserting ``; or''.
       (b) Termination of Period of Authorized Admission.--Section 
     214 of the Immigration and Nationality Act (8 U.S.C. 1184) is 
     amended by adding at the end the following:
       ``(s) In the case of a nonimmigrant described in section 
     101(a)(15)(W), the period of authorized admission shall 
     terminate on the earlier of--
       ``(1) the date on which the adoption of the nonimmigrant is 
     completed by the courts of the State where the parents 
     reside; or
       ``(2) the date that is 4 years after the date of admission 
     of the nonimmigrant into the United States, unless a 
     petitioner is able to show cause as to why the adoption could 
     not be completed prior to such date and the Secretary of 
     State extends such period for the period necessary to 
     complete the adoption.''.
       (c) Temporary Treatment as Legal Permanent Resident.--
     Notwithstanding any other law, all benefits and protections 
     that apply to a legal permanent resident shall apply to a 
     nonimmigrant described in section 101(a)(15)(W) of the 
     Immigration and Nationality Act, as added by subsection (a), 
     pending a full and final adoption.
       (d) Exception From Immunization Requirement for Certain 
     Adopted Children.--Section 212(a)(1)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(1)(C)) is amended--
       (1) in the heading by striking ``10 years'' and inserting 
     ``18 years''; and
       (2) in clause (i), by striking ``10 years'' and inserting 
     ``18 years''.
       (e) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of State shall prescribe 
     such regulations as may be necessary to carry out this 
     section.

     SEC. 824. DEFINITION OF ADOPTABLE CHILD.

       (a) In General.--Section 101(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(c)) is amended by adding at 
     the end the following:
       ``(3) The term `adoptable child' means an unmarried person 
     under the age of 18--
       ``(A)(i) whose biological parents (or parent, in the case 
     of a child who has one sole or surviving parent) or other 
     persons or institutions that retain legal custody of the 
     child--
       ``(I) have freely given their written irrevocable consent 
     to the termination of their legal relationship with the 
     child, and to the child's emigration and adoption and that 
     such consent has not been induced by payment or compensation 
     of any kind and has not been given prior to the birth of the 
     child;
       ``(II) are unable to provide proper care for the child, as 
     determined by the competent authority of the child's 
     residence; or
       ``(III) have voluntarily relinquished the child to the 
     competent authorities pursuant to the law of the child's 
     residence; or
       ``(ii) who, as determined by the competent authority of the 
     child's residence--
       ``(I) has been abandoned or deserted by their biological 
     parent, parents, or legal guardians; or
       ``(II) has been orphaned due to the death or disappearance 
     of their biological parent, parents, or legal guardians;
       ``(B) with respect to whom the Secretary of State is 
     satisfied that the proper care will be furnished the child if 
     admitted to the United States;
       ``(C) with respect to whom the Secretary of State is 
     satisfied that the purpose of the adoption is to form a bona 
     fide parent-child relationship and that the parent-child 
     relationship of the child and the biological parents has been 
     terminated (and in carrying out both obligations under this 
     subparagraph the Secretary of State, in consultation with the 
     Secretary of Homeland Security, may consider whether there is 
     a petition pending to confer immigrant status on one or both 
     of the biological parents);
       ``(D) with respect to whom the Secretary of State, is 
     satisfied that there has been no inducement, financial or 
     otherwise, offered to

[[Page S9990]]

     obtain the consent nor was it given before the birth of the 
     child;
       ``(E) with respect to whom the Secretary of State, in 
     consultation with the Secretary of Homeland Security, is 
     satisfied that the person is not a security risk; and
       ``(F) whose eligibility for adoption and emigration to the 
     United States has been certified by the competent authority 
     of the country of the child's place of birth or residence.''.
       (b) Conforming Amendment.--Section 204(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(d)) is amended 
     by inserting ``and an adoptable child as defined in section 
     101(c)(3)'' before ``unless a valid home-study''.

     SEC. 825. APPROVAL TO ADOPT.

       (a) In General.--Prior to the issuance of a visa under 
     section 101(a)(15)(W) of the Immigration and Nationality Act, 
     as added by section 823(a) of this Act, or the issuance of a 
     full and final adoption decree, the United States citizen 
     adoptive parent shall have approved by the Office a petition 
     to adopt. Such petition shall be subject to the same terms 
     and conditions as are applicable to petitions for 
     classification under section 204.3 of title 8 of the Code of 
     Federal Regulations, as in effect on the day before the date 
     of enactment of this Act.
       (b) Expiration of Approval.--Approval to adopt under this 
     Act is valid for 24 months from the date of approval. Nothing 
     in this section may prevent the Secretary of Homeland 
     Security from periodically updating the fingerprints of an 
     individual who has filed a petition for adoption.
       (c) Expedited Reapproval Process of Families Previously 
     Approved To Adopt.--The Secretary of State shall prescribe 
     such regulations as may be necessary to provide for an 
     expedited and streamlined process for families who have been 
     previously approved to adopt and whose approval has expired, 
     so long as not more than 4 years have lapsed since the 
     original application.
       (d) Denial of Petition.--
       (1) Notice of intent.--If the officer adjudicating the 
     petition to adopt finds that it is not readily approvable, 
     the officer shall notify the petitioner, in writing, of the 
     officer's intent to deny the petition. Such notice shall 
     include the specific reasons why the petition is not readily 
     approvable.
       (2) Petitioner's right to respond.--Upon receiving a notice 
     of intent to deny, the petitioner has 30 days to respond to 
     such notice.
       (3) Decision.--Within 30 days of receipt of the 
     petitioner's response the Office must reach a final decision 
     regarding the eligibility of the petitioner to adopt. Notice 
     of a formal decision must be delivered in writing.
       (4) Right to an appeal.--Unfavorable decisions may be 
     appealed to the Department of State and, after the exhaustion 
     of the appropriate appeals process of the Department, to a 
     United States district court.
       (5) Regulations regarding appeals.--Not later than 6 months 
     after the date of enactment of this Act, the Secretary of 
     State shall promulgate formal regulations regarding the 
     process for appealing the denial of a petition.

     SEC. 826. ADJUDICATION OF CHILD STATUS.

       (a) In General.--Prior to the issuance of a full and final 
     adoption decree or a visa under section 101(a)(15)(W) of the 
     Immigration and Nationality Act, as added by section 823(a) 
     of this Act--
       (1) the Ambassador at Large shall obtain from the competent 
     authority of the country of the child's residence a 
     certification, together with documentary support, that the 
     child sought to be adopted meets the definition of an 
     adoptable child; and
       (2) not later than 15 days after the date of the receipt of 
     the certification referred to in paragraph (1), the Secretary 
     of State shall make a final determination on whether the 
     certification and the documentary support are sufficient to 
     meet the requirements of this section or whether additional 
     investigation or information is required.
       (b) Process for Determination.--
       (1) In general.--The Ambassador at Large shall work with 
     the competent authorities of the child's country of residence 
     to establish a uniform, transparent, and efficient process 
     for the exchange and approval of the certification and 
     documentary support required under subsection (a).
       (2) Notice of intent.--If the Secretary of State determines 
     that a certification submitted by the competent authority of 
     the child's country of origin is not readily approvable, the 
     Ambassador at Large shall--
       (A) notify the competent authority and the prospective 
     adoptive parents, in writing, of the specific reasons why the 
     certification is not sufficient; and
       (B) provide the competent authority and the prospective 
     adoptive parents the opportunity to address the stated 
     insufficiencies.
       (3) Petitioners right to respond.--Upon receiving a notice 
     of intent to find that a certification is not readily 
     approvable, the prospective adoptive parents shall have 30 
     days to respond to such notice.
       (4) Decision.--Not later than 30 days after the date of 
     receipt of a response submitted under paragraph (3), the 
     Secretary of State shall reach a final decision regarding the 
     child's eligibility as an adoptable child. Notice of such 
     decision must be in writing.
       (5) Right to an appeal.--Unfavorable decisions on a 
     certification may be appealed through the appropriate process 
     of the Department of State and, after the exhaustion of such 
     process, to a United States district court.

     SEC. 827. FUNDS.

       The Secretary of State shall provide the Ambassador at 
     Large with such funds as may be necessary for--
       (1) the hiring of staff for the Office;
       (2) investigations conducted by such staff; and
       (3) travel and other expenses necessary to carry out this 
     title.

                        Subtitle C--Enforcement

     SEC. 831. CIVIL PENALTIES AND ENFORCEMENT.

       (a) Civil Penalties.--A person shall be subject, in 
     addition to any other penalty that may be prescribed by law, 
     to a civil money penalty of not more than $50,000 for a first 
     violation, and not more than $100,000 for each succeeding 
     violation if such person--
       (1) violates a provision of this title or an amendment made 
     by this title;
       (2) makes a false or fraudulent statement, or 
     misrepresentation, with respect to a material fact, or 
     offers, gives, solicits, or accepts inducement by way of 
     compensation, intended to influence or affect in the United 
     States or a foreign country--
       (A) a decision for an approval under title II;
       (B) the relinquishment of parental rights or the giving of 
     parental consent relating to the adoption of a child; or
       (C) a decision or action of any entity performing a central 
     authority function; or
       (3) engages another person as an agent, whether in the 
     United States or in a foreign country, who in the course of 
     that agency takes any of the actions described in paragraph 
     (1) or (2).
       (b) Civil Enforcement.--
       (1) Authority of attorney general.--The Attorney General 
     may bring a civil action to enforce subsection (a) against 
     any person in any United States district court.
       (2) Factors to be considered in imposing penalties.--In 
     imposing penalties the court shall consider the gravity of 
     the violation, the degree of culpability of the defendant, 
     and any history of prior violations by the defendant.

     SEC. 832. CRIMINAL PENALTIES.

       Whoever knowingly and willfully commits a violation 
     described in paragraph (1) or (2) of section 831(a) shall be 
     subject to a fine of not more than $250,000, imprisonment for 
     not more than 5 years, or both.

                                 ______
                                 
  SA 5029. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On page 7, after line 10, insert the following:

                    TITLE II--THE DREAM ACT OF 2006

     SEC. 201. SHORT TITLE.

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

     SEC. 202. DEFINITIONS.

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

     SEC. 203. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY 
                   FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

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

     SEC. 204. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF 
                   CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Special Rule for Certain Long-Term Residents Who 
     Entered the United States as Children.--
       (1) In general.--Notwithstanding any other provision of law 
     and except as otherwise provided in this title, the Secretary 
     of Homeland Security may cancel removal of, and adjust to the 
     status of an alien lawfully admitted for permanent residence, 
     subject to the conditional basis described in section 205, an 
     alien who is inadmissible or deportable from the United 
     States, if the alien demonstrates that--
       (A) the alien has been physically present in the United 
     States for a continuous period of not less than 5 years 
     immediately preceding the date of enactment of this Act, and 
     had not yet reached the age of 16 years at the time of 
     initial entry;
       (B) the alien has been a person of good moral character 
     since the time of application;
       (C) the alien--
       (i) is not inadmissible under paragraph (2), (3), (6)(B), 
     (6)(C), (6)(E), (6)(F), or (6)(G) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)), or, if 
     inadmissible solely under subparagraph (C) or (F) of 
     paragraph (6) of such subsection, the alien was under the age 
     of 16 years at the time the violation was committed; and
       (ii) is not deportable under paragraph (1)(E), (1)(G), (2), 
     (3)(B), (3)(C), (3)(D), (4), or

[[Page S9991]]

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

     SEC. 205. CONDITIONAL PERMANENT RESIDENT STATUS.

       (a) In General.--
       (1) Conditional basis for status.--Notwithstanding any 
     other provision of law, and except as provided in section 
     206, an alien whose status has been adjusted under section 
     204 to that of an alien lawfully admitted for permanent 
     residence shall be considered to have obtained such status on 
     a conditional basis subject to the provisions of this 
     section. Such conditional permanent resident status shall be 
     valid for a period of 6 years, subject to termination under 
     subsection (b).
       (2) Notice of requirements.--
       (A) At time of obtaining permanent residence.--At the time 
     an alien obtains permanent resident status on a conditional 
     basis under paragraph (1), the Secretary of Homeland Security 
     shall provide for notice to the alien regarding the 
     provisions of this section and the requirements of subsection 
     (c) to have the conditional basis of such status removed.
       (B) Effect of failure to provide notice.--The failure of 
     the Secretary of Homeland Security to provide a notice under 
     this paragraph--
       (i) shall not affect the enforcement of the provisions of 
     this title with respect to the alien; and
       (ii) shall not give rise to any private right of action by 
     the alien.
       (b) Termination of Status.--
       (1) In general.--The Secretary of Homeland Security shall 
     terminate the conditional permanent resident status of any 
     alien who obtained such status under this title, if the 
     Secretary determines that the alien--
       (A) ceases to meet the requirements of subparagraph (B) or 
     (C) of section 204(a)(1);
       (B) has become a public charge; or
       (C) has received a dishonorable or other than honorable 
     discharge from the uniformed services.
       (2) Return to previous immigration status.--Any alien whose 
     conditional permanent resident status is terminated under 
     paragraph (1) shall return to the immigration status the 
     alien had immediately prior to receiving conditional 
     permanent resident status under this title.
       (c) Requirements of Timely Petition for Removal of 
     Condition.--
       (1) In general.--In order for the conditional basis of 
     permanent resident status obtained by an alien under 
     subsection (a) to be removed, the alien must file with the 
     Secretary of Homeland Security, in accordance with paragraph 
     (3), a petition which requests the removal of such 
     conditional basis and which provides, under penalty of 
     perjury, the facts and information so that the Secretary may 
     make the determination described in paragraph (2)(A).
       (2) Adjudication of petition to remove condition.--
       (A) In general.--If a petition is filed in accordance with 
     paragraph (1) for an alien, the Secretary of Homeland 
     Security shall make a determination as to whether the alien 
     meets the requirements set out in subparagraphs (A) through 
     (E) of subsection (d)(1).
       (B) Removal of conditional basis if favorable 
     determination.--If the Secretary determines that the alien 
     meets such requirements, the Secretary shall notify the alien 
     of such determination and immediately remove the conditional 
     basis of the status of the alien.
       (C) Termination if adverse determination.--If the Secretary 
     determines that the alien does not meet such requirements, 
     the Secretary shall notify the alien of such determination 
     and terminate the conditional permanent resident status of 
     the alien as of the date of the determination.
       (3) Time to file petition.--An alien may petition to remove 
     the conditional basis to lawful resident status during the 
     period beginning 180 days before and ending 2 years after 
     either the date that is 6 years after the date of the 
     granting of conditional permanent resident status or any 
     other expiration date of the conditional permanent resident 
     status as extended by the Secretary of Homeland Security in 
     accordance with this title. The alien shall be deemed in 
     conditional permanent resident status in the United States 
     during the period in which the petition is pending.
       (d) Details of Petition.--
       (1) Contents of petition.--Each petition for an alien under 
     subsection (c)(1) shall contain information to permit the 
     Secretary of Homeland Security to determine whether each of 
     the following requirements is met:
       (A) The alien has demonstrated good moral character during 
     the entire period the alien has been a conditional permanent 
     resident.
       (B) The alien is in compliance with section 204(a)(1)(C).
       (C) The alien has not abandoned the alien's residence in 
     the United States. The Secretary shall presume that the alien 
     has abandoned such residence if the alien is absent from the 
     United States for more than 365 days, in the aggregate, 
     during the period of conditional residence, unless the alien 
     demonstrates that alien has not abandoned the alien's 
     residence. An alien who is absent from the United States due 
     to active service in the uniformed services has not abandoned 
     the alien's residence in the United States during the period 
     of such service.
       (D) The alien has completed at least 1 of the following:
       (i) The alien has acquired a degree from an institution of 
     higher education in the United States or has completed at 
     least 2 years, in good standing, in a program for a 
     bachelor's degree or higher degree in the United States.
       (ii) The alien has served in the uniformed services for at 
     least 2 years and, if discharged, has received an honorable 
     discharge.
       (E) The alien has provided a list of all of the secondary 
     educational institutions that the alien attended in the 
     United States.
       (2) Hardship exception.--
       (A) In general.--The Secretary of Homeland Security may, in 
     the Secretary's discretion, remove the conditional status of 
     an alien if the alien--
       (i) satisfies the requirements of subparagraphs (A), (B), 
     and (C) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to complete the requirements described in paragraph 
     (1)(D); and
       (iii) demonstrates that the alien's removal from the United 
     States would result in exceptional and extremely unusual 
     hardship to the alien or the alien's spouse, parent, or child 
     who is a citizen or a lawful permanent resident of the United 
     States.
       (B) Extension.--Upon a showing of good cause, the Secretary 
     of Homeland Security may extend the period of the conditional 
     resident status for the purpose of completing the 
     requirements described in paragraph (1)(D).
       (e) Treatment of Period for Purposes of Naturalization.--
     For purposes of title III of the Immigration and Nationality 
     Act (8 U.S.C. 1401 et seq.), in the case of an alien who is 
     in the United States as a lawful permanent resident on a 
     conditional basis under this section, the alien shall be 
     considered to have been admitted as an alien lawfully 
     admitted for permanent residence and to be in the United 
     States as an alien lawfully admitted to the United States for 
     permanent residence. However, the conditional basis must

[[Page S9992]]

     be removed before the alien may apply for naturalization.

     SEC. 206. RETROACTIVE BENEFITS UNDER THIS TITLE.

       If, on the date of enactment of this Act, an alien has 
     satisfied all the requirements of subparagraphs (A) through 
     (E) of section 204(a)(1) and section 205(d)(1)(D), the 
     Secretary of Homeland Security may adjust the status of the 
     alien to that of a conditional resident in accordance with 
     section 204. The alien may petition for removal of such 
     condition at the end of the conditional residence period in 
     accordance with section 205(c) if the alien has met the 
     requirements of subparagraphs (A), (B), and (C) of section 
     205(d)(1) during the entire period of conditional residence.

     SEC. 207. EXCLUSIVE JURISDICTION.

       (a) In General.--The Secretary of Homeland Security shall 
     have exclusive jurisdiction to determine eligibility for 
     relief under this title, except where the alien has been 
     placed into deportation, exclusion, or removal proceedings 
     either prior to or after filing an application for relief 
     under this title, in which case the Attorney General shall 
     have exclusive jurisdiction and shall assume all the powers 
     and duties of the Secretary until proceedings are terminated, 
     or if a final order of deportation, exclusion, or removal is 
     entered the Secretary shall resume all powers and duties 
     delegated to the Secretary under this title.
       (b) Stay of Removal of Certain Aliens Enrolled in Primary 
     or Secondary School.--The Attorney General shall stay the 
     removal proceedings of any alien who--
       (1) meets all the requirements of subparagraphs (A), (B), 
     (C), and (E) of section 204(a)(1);
       (2) is at least 12 years of age; and
       (3) is enrolled full time in a primary or secondary school.
       (c) Employment.--An alien whose removal is stayed pursuant 
     to subsection (b) may be engaged in employment in the United 
     States, consistent with the Fair Labor Standards Act (29 
     U.S.C. 201 et seq.), and State and local laws governing 
     minimum age for employment.
       (d) Lift of Stay.--The Attorney General shall lift the stay 
     granted pursuant to subsection (b) if the alien--
       (1) is no longer enrolled in a primary or secondary school; 
     or
       (2) ceases to meet the requirements of subsection (b)(1).

     SEC. 208. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

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

     SEC. 209. CONFIDENTIALITY OF INFORMATION.

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

     SEC. 210. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION 
                   ON FEES.

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

     SEC. 211. HIGHER EDUCATION ASSISTANCE.

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

     SEC. 212. GAO REPORT.

       Seven years after the date of enactment of this title, the 
     Comptroller General of the United States shall submit a 
     report to the Committees on the Judiciary of the Senate and 
     the House of Representatives setting forth--
       (1) the number of aliens who were eligible for cancellation 
     of removal and adjustment of status under section 204(a);
       (2) the number of aliens who applied for adjustment of 
     status under section 204(a);
       (3) the number of aliens who were granted adjustment of 
     status under section 204(a); and
       (4) the number of aliens whose conditional permanent 
     resident status was removed under section 205.
                                 ______
                                 
  SA 5030. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table, as follows:

       On page 5, strike line 9 and all that follows through page 
     6, line 2.
                                 ______
                                 
  SA 5031. Mr. FRIST proposed an amendment to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; as follows:

       At the end of the bill, add the following:
       This Act shall become effective 2 days after the date of 
     enactment.
                                 ______
                                 
  SA 5032. Mr. FRIST proposed an amendment to amendment SA 5031 
proposed by Mr. Frist to the bill H.R. 6061, to establish operational 
control over the international land and maritime borders of the United 
States; as follows:

       On page 1, line 1 of the amendment, strike ``2 days'' and 
     insert ``1 day''.
                                 ______
                                 
  SA 5035. Mr. FRIST (for Mr. Lugar (for himself, Mr. Brownback, Mr. 
Martinez, Mr. Hagel, Mr. Cornyn, Mrs. Hutchison, Mr. DeWine, Mr. 
Coleman, Mr. Chafee, Mr. Alexander, Mr. Sununu, and Mr. Specter)) 
proposed an amendment to the bill H.R. 3127, to impose sanctions 
against individuals responsible for genocide, war crimes, and crimes 
against humanity, to support measures for the protection of civilians 
and humanitarian operations, and to support peace efforts in the Darfur 
region of Sudan, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Darfur 
     Peace and Accountability Act of 2006''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Sanctions in support of peace in Darfur.
Sec. 6. Additional authorities to deter and suppress genocide in 
              Darfur.
Sec. 7. Continuation of restrictions.
Sec. 8. Assistance efforts in Sudan.
Sec. 9. Reporting requirements.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) AMIS.--The term ``AMIS'' means the African Union 
     Mission in Sudan.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives.
       (3) Comprehensive peace agreement for sudan.--The term 
     ``Comprehensive Peace Agreement for Sudan'' means the peace 
     agreement signed by the Government of Sudan and the SPLM/A in 
     Nairobi, Kenya, on January 9, 2005.
       (4) Darfur peace agreement.--The term ``Darfur Peace 
     Agreement'' means the peace agreement signed by the 
     Government of Sudan and by Minni Minnawi, leader of the Sudan 
     Liberation Movement/Army Faction, in Abuja, Nigeria, on May 
     5, 2006.
       (5) Government of sudan.--The term ``Government of 
     Sudan''--
       (A) means--
       (i) the government in Khartoum, Sudan, which is led by the 
     National Congress Party (formerly known as the National 
     Islamic Front); or
       (ii) any successor government formed on or after the date 
     of the enactment of this Act (including the coalition 
     National Unity Government agreed upon in the Comprehensive 
     Peace Agreement for Sudan); and
       (B) does not include the regional government of Southern 
     Sudan.
       (6) Officials of the government of sudan.--The term 
     ``official of the Government of Sudan'' does not include any 
     individual--

[[Page S9993]]

       (A) who was not a member of such government before July 1, 
     2005; or
       (B) who is a member of the regional government of Southern 
     Sudan.
       (7) SPLM/A.--The term ``SPLM/A'' means the Sudan People's 
     Liberation Movement/Army.

     SEC. 3. FINDINGS.

       Congress makes the following findings:
       (1) On July 23, 2004, Congress declared, ``the atrocities 
     unfolding in Darfur, Sudan, are genocide''.
       (2) On September 9, 2004, Secretary of State Colin L. 
     Powell stated before the Committee on Foreign Relations of 
     the Senate, ``genocide has occurred and may still be 
     occurring in Darfur'', and ``the Government of Sudan and the 
     Janjaweed bear responsibility''.
       (3) On September 21, 2004, in an address before the United 
     Nations General Assembly, President George W. Bush affirmed 
     the Secretary of State's finding and stated,``[a]t this hour, 
     the world is witnessing terrible suffering and horrible 
     crimes in the Darfur region of Sudan, crimes my government 
     has concluded are genocide''.
       (4) On July 30, 2004, the United Nations Security Council 
     passed Security Council Resolution 1556 (2004), calling upon 
     the Government of Sudan to disarm the Janjaweed militias and 
     to apprehend and bring to justice Janjaweed leaders and their 
     associates who have incited and carried out violations of 
     human rights and international humanitarian law, and 
     establishing a ban on the sale or supply of arms and related 
     materiel of all types, including the provision of related 
     technical training or assistance, to all nongovernmental 
     entities and individuals, including the Janjaweed.
       (5) On September 18, 2004, the United Nations Security 
     Council passed Security Council Resolution 1564 (2004), 
     determining that the Government of Sudan had failed to meet 
     its obligations under Security Council Resolution 1556 
     (2004), calling for a military flight ban in and over the 
     Darfur region, demanding the names of Janjaweed militiamen 
     disarmed and arrested for verification, establishing an 
     International Commission of Inquiry on Darfur to investigate 
     violations of international humanitarian and human rights 
     laws, and threatening sanctions should the Government of 
     Sudan fail to fully comply with Security Council Resolutions 
     1556 (2004) and 1564 (2004), including such actions as to 
     affect Sudan's petroleum sector or individual members of the 
     Government of Sudan.
       (6) The Report of the International Commission of Inquiry 
     on Darfur, submitted to the United Nations Secretary-General 
     on January 25, 2005, established that the ``Government of the 
     Sudan and the Janjaweed are responsible for serious 
     violations of international human rights and humanitarian law 
     amounting to crimes under international law,'' that ``these 
     acts were conducted on a widespread and systematic basis, and 
     therefore may amount to crimes against humanity,'' and that 
     officials of the Government of Sudan and other individuals 
     may have acted with ``genocidal intent''.
       (7) On March 24, 2005, the United Nations Security Council 
     passed Security Council Resolution 1590 (2005), establishing 
     the United Nations Mission in Sudan (referred to in this 
     section as the ``UNMIS''), consisting of up to 10,000 
     military personnel and 715 civilian police tasked with 
     supporting the implementation of the Comprehensive Peace 
     Agreement for Sudan and to ``closely and continuously liaise 
     and coordinate at all levels with the African Union Mission 
     in Sudan (AMIS)'', which had been established by the African 
     Union on May 24, 2004, to monitor the implementation of the 
     N'Djamena Humanitarian Ceasefire Agreement, signed on April 
     8, 2004, ``with a view towards expeditiously reinforcing the 
     effort to foster peace in Darfur''.
       (8) On March 29, 2005, the United Nations Security Council 
     passed Security Council Resolution 1591 (2005), extending the 
     military embargo established by Security Council Resolution 
     1556 (2004) to all the parties to the N'Djamena Ceasefire 
     Agreement of April 8, 2004, and any other belligerents in the 
     states of North Darfur, South Darfur, and West Darfur, 
     calling for an asset freeze and travel ban against those 
     individuals who impede the peace process, constitute a threat 
     to stability in Darfur and the region, commit violations of 
     international humanitarian or human rights law or other 
     atrocities, are responsible for offensive military 
     overflights, or violate the military embargo, and 
     establishing a Committee of the Security Council and a panel 
     of experts to assist in monitoring compliance with Security 
     Council Resolutions 1556 (2004) and 1591 (2005).
       (9) On March 31, 2005, the United Nations Security Council 
     passed Security Council Resolution 1593 (2005), referring the 
     situation in Darfur since July 1, 2002, to the prosecutor of 
     the International Criminal Court and calling on the 
     Government of Sudan and all parties to the conflict to 
     cooperate fully with the Court.
       (10) On July 30, 2005, Dr. John Garang de Mabior, the newly 
     appointed Vice President of Sudan and the leader of the SPLM/
     A for the past 21 years, was killed in a tragic helicopter 
     crash in Southern Sudan, sparking riots in Khartoum and 
     challenging the commitment of all Sudanese to the 
     Comprehensive Peace Agreement for Sudan.
       (11) On January 12, 2006, the African Union Peace and 
     Security Council issued a communique endorsing, in principle, 
     a transition from AMIS to a United Nations peacekeeping 
     operation and requested the Chairperson of the Council to 
     initiate consultations with the United Nations and other 
     stakeholders toward this end.
       (12) On February 3, 2006, the United Nations Security 
     Council issued a Presidential Statement authorizing the 
     initiation of contingency planning for a transition from AMIS 
     to a United Nations peacekeeping operation.
       (13) On March 10, 2006, the African Union Peace and 
     Security Council extended the mandate of AMIS, which had 
     reached a force size of 7,000, to September 30, 2006, while 
     simultaneously endorsing the transition of AMIS to a United 
     Nations peacekeeping operation and setting April 30, 2006 as 
     the deadline for reaching an agreement to resolve the crisis 
     in Darfur.
       (14) On March 24, 2006, the United Nations Security Council 
     passed Security Council Resolution 1663 (2006), which--
       (A) welcomes the African Peace and Security Council's March 
     10, 2006 communique; and
       (B) requests that the United Nations Secretary-General, 
     jointly with the African Union and in consultation with the 
     parties to the Abuja Peace Talks, expedite planning for the 
     transition of AMIS to a United Nations peacekeeping 
     operation.
       (15) On March 29, 2006, during a speech at Freedom House, 
     President Bush called for a transition to a United Nations 
     peacekeeping operation and ``additional forces with a NATO 
     overlay . . . to provide logistical and command-and-control 
     and airlift capacity, but also to send a clear signal to 
     parties involved that the west is determined to help effect a 
     settlement.''.
       (16) On April 25, 2006, the United Nations Security Council 
     passed Security Council Resolution 1672 (2006), unanimously 
     imposing targeted financial sanctions and travel restrictions 
     on 4 individuals who had been identified as those who, among 
     other acts, ``impede the peace process, constitute a threat 
     to stability in Darfur and the region, commit violations of 
     international humanitarian or human rights law or other 
     atrocities'', including the Commander of the Western Military 
     Region for the armed forces of Sudan, the Paramount Chief of 
     the Jalul Tribe in North Darfur, the Commander of the Sudan 
     Liberation Army, and the Field Commander of the National 
     Movement for Reform and Development.
       (17) On May 5, 2006, under the auspices of African Union 
     mediation and the direct engagement of the international 
     community, including the United States, the Government of 
     Sudan and the largest rebel faction in Darfur, the Sudan 
     Liberation Movement, led by Minni Minnawi, signed the Darfur 
     Peace Agreement, which addresses security, power sharing, and 
     wealth sharing issues between the parties.
       (18) In August 2006, the Sudanese government began to amass 
     military forces and equipment in the Darfur region in 
     contravention of the Darfur Peace Agreement to which they are 
     signatories in what appears to be preliminary to full scale 
     war.
       (19) On August 30, 2006, the United Nations Security 
     Council passed Security Council Resolution 1706 (2006), 
     without dissent and with abstentions by China, Russian 
     Federation, and Qatar, thereby asserting that the existing 
     United Nations Mission in Sudan ``shall take over from AMIS 
     responsibility for supporting the implementation of the 
     Darfur Peace Agreement upon the expiration of AMIS' mandate 
     but in any event no later than 31 December 2006'', and that 
     UNMIS ``shall be strengthened by up to 17,300 military 
     personnel . . . 3,300 civilian police personnel and up to 16 
     Formed Police Units'', which ``shall begin to be deployed [to 
     Darfur] no later than 1 October 2006''.
       (20) Between August 30 and September 3, 2006, President 
     Bashir and other senior members of his administration have 
     publicly rejected United Nations Security Council Resolution 
     1706 (2006), calling it illegal and a western invasion of his 
     country, despite the current presence of 10,000 United 
     Nations peacekeepers under the UNMIS peacekeeping force.
       (21) Since 1993, the Secretary of State has determined, 
     pursuant to section 6(j) of the Export Administration Act of 
     1979 (50 App. U.S.C. 2405(j)), that Sudan is a country, the 
     government of which has repeatedly provided support for acts 
     of international terrorism, thereby restricting United States 
     assistance, defense exports and sales, and financial and 
     other transactions with the Government of Sudan.

     SEC. 4. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the genocide unfolding in the Darfur region of Sudan is 
     characterized by acts of terrorism and atrocities directed 
     against civilians, including mass murder, rape, and sexual 
     violence committed by the Janjaweed and associated militias 
     with the complicity and support of the National Congress 
     Party-led faction of the Government of Sudan;
       (2) all parties to the conflict in the Darfur region have 
     continued to violate the N'Djamena Ceasefire Agreement of 
     April 8, 2004, and the Abuja Protocols of November 9, 2004, 
     and violence against civilians, humanitarian aid workers, and 
     personnel of AMIS is increasing;
       (3) the African Union should immediately make all necessary 
     preparations for an orderly transition to a United Nations 
     peacekeeping operation, which will maintain an appropriate 
     level of African participation,

[[Page S9994]]

     with a mandate to protect civilians and humanitarian 
     operations, assist in the implementation of the Darfur Peace 
     Agreement, and deter violence in the Darfur region;
       (4) the international community, including the United 
     States and the European Union, should immediately act to 
     mobilize sufficient political, military, and financial 
     resources through the United Nations and the North Atlantic 
     Treaty Organization, to support the transition of AMIS to a 
     United Nations peacekeeping operation with the size, 
     strength, and capacity necessary to protect civilians and 
     humanitarian operations, to assist with the implementation of 
     the Darfur Peace Agreement, and to end the continued violence 
     in the Darfur region;
       (5) if an expanded and reinforced AMIS or subsequent United 
     Nations peacekeeping operation fails to stop genocide in the 
     Darfur region, the international community should take 
     additional measures to prevent and suppress acts of genocide 
     in the Darfur region;
       (6) acting under article 5 of the Charter of the United 
     Nations, the United Nations Security Council should call for 
     suspension of the Government of Sudan's rights and privileges 
     of membership by the General Assembly until such time as the 
     Government of Sudan has honored pledges to cease attacks upon 
     civilians, demobilize and demilitarize the Janjaweed and 
     associated militias, and grant free and unfettered access for 
     deliveries of humanitarian assistance in the Darfur region;
       (7) the President should use all necessary and appropriate 
     diplomatic means to ensure the full discharge of the 
     responsibilities of the Committee of the United Nations 
     Security Council and the panel of experts established 
     pursuant to section 3(a) of Security Council Resolution 1591 
     (2005);
       (8) the President should direct the United States Permanent 
     Representative to the United Nations to use the voice, vote, 
     and influence of the United States to urge the adoption of a 
     resolution by the United Nations Security Council that--
       (A) extends the military embargo established by United 
     Nations Security Resolutions 1556 (2004) and 1591 (2005) to 
     include a total ban on the sale or supply of offensive 
     military equipment to the Government of Sudan, except for use 
     in an internationally recognized demobilization program or 
     for nonlethal assistance necessary to carry out elements of 
     the Comprehensive Peace Agreement for Sudan or the Darfur 
     Peace Agreement; and
       (B) calls upon those member states of the United Nations 
     that continue to undermine efforts to foster peace in Sudan 
     by providing military assistance to the Government of Sudan, 
     government supported militias, or any rebel group operating 
     in Darfur in violation of the embargo on such assistance and 
     equipment, as called for in United Nations Security Council 
     Resolutions 1556 (2004) and 1591 (2005), to immediately cease 
     and desist.
       (9) the United States should not provide assistance to the 
     Government of Sudan, other than assistance necessary for the 
     implementation of the Comprehensive Peace Agreement for Sudan 
     and the Darfur Peace Agreement, the support of the regional 
     Government of Southern Sudan, the Transitional Darfur 
     Regional Authority, and marginalized areas in Northern Sudan 
     (including the Nuba Mountains, Southern Blue Nile, Abyei, 
     Eastern Sudan (Beja), Darfur, and Nubia), or for humanitarian 
     purposes in Sudan, until the Government of Sudan has honored 
     pledges to cease attacks upon civilians, demobilize and 
     demilitarize the Janjaweed and associated militias, grant 
     free and unfettered access for deliveries of humanitarian 
     assistance in the Darfur region, and allow for the safe and 
     voluntary return of refugees and internally displaced 
     persons;
       (10) the President should seek to assist members of the 
     Sudanese diaspora in the United States by establishing a 
     student loan forgiveness program for those individuals who 
     commit to return to Southern Sudan for a period of not less 
     than 5 years for the purpose of contributing professional 
     skills needed for the reconstruction of Southern Sudan;
       (11) the Presidential Special Envoy for Sudan should be 
     provided with appropriate resources and a clear mandate to--
       (A) provide stewardship of efforts to implement the 
     Comprehensive Peace Agreement for Sudan and the Darfur Peace 
     Agreement;
       (B) seek ways to bring stability and peace to the Darfur 
     region;
       (C) address instability elsewhere in Sudan, Chad, and 
     northern Uganda; and
       (D) pursue a truly comprehensive peace throughout the 
     region;
       (12) the international community should strongly condemn 
     attacks against humanitarian workers and African Union 
     personnel, and the forcible recruitment of refugees and 
     internally displaced persons from camps in Chad and Sudan, 
     and demand that all armed groups in the region, including the 
     forces of the Government of Sudan, the Janjaweed, associated 
     militias, the Sudan Liberation Movement/Army, the Justice and 
     Equality Movement, the National Movement for Reform and 
     Development (NMRD), and all other armed groups refrain from 
     such activities;
       (13) the United States should fully support the 
     Comprehensive Peace Agreement for Sudan and the Darfur Peace 
     Agreement and urge rapid implementation of their terms;
       (14) the May 5, 2006 signing of the Darfur Peace Agreement 
     between the Government of Sudan and the Sudan Liberation 
     Movement was a positive development in a situation that has 
     seen little political progress in 2 years and should be 
     seized upon by all sides to begin the arduous process of 
     post-conflict reconstruction, restitution, justice, and 
     reconciliation; and
       (15) the new leadership of the Sudan People's Liberation 
     Movement (referred to in this paragraph as ``SPLM'') should--
       (A) seek to transform SPLM into an inclusive, transparent, 
     and democratic body;
       (B) reaffirm the commitment of SPLM to--
       (i) bring peace to Southern Sudan, the Darfur region, and 
     Eastern Sudan; and
       (ii) eliminate safe haven for regional rebel movements, 
     such as the Lord's Resistance Army; and
       (C) remain united in the face of efforts to undermine SPLM.

     SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

       (a) Blocking of Assets and Restriction on Visas.--Section 6 
     of the Comprehensive Peace in Sudan Act of 2004 (Public Law 
     108-497; 50 U.S.C. 1701 note) is amended--
       (1) in the heading of subsection (b), by inserting ``of 
     Appropriate Senior Officials of the Government of Sudan'' 
     after ``Assets'';
       (2) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Blocking of Assets and Restriction on Visas of 
     Certain Individuals Identified by the President.--
       ``(1) Blocking of assets.--Beginning on the date that is 30 
     days after the date of the enactment of the Darfur Peace and 
     Accountability Act of 2006, and in the interest of 
     contributing to peace in Sudan, the President shall, 
     consistent with the authorities granted under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), block the assets of any individual who the 
     President determines is complicit in, or responsible for, 
     acts of genocide, war crimes, or crimes against humanity in 
     Darfur, including the family members or any associates of 
     such individual to whom assets or property of such individual 
     was transferred on or after July 1, 2002.
       ``(2) Restriction on visas.--Beginning on the date that is 
     30 days after the date of the enactment of the Darfur Peace 
     and Accountability Act of 2006, and in the interest of 
     contributing to peace in Sudan, the President shall deny a 
     visa and entry to any individual who the President determines 
     to be complicit in, or responsible for, acts of genocide, war 
     crimes, or crimes against humanity in Darfur, including the 
     family members or any associates of such individual to whom 
     assets or property of such individual was transferred on or 
     after July 1, 2002.''.
       (b) Waiver.--Section 6(d) of the Comprehensive Peace in 
     Sudan Act of 2004, as redesignated by subsection (a), is 
     amended by adding at the end the following: ``The President 
     may waive the application of paragraph (1) or (2) of 
     subsection (c) with respect to any individual if the 
     President determines that such a waiver is in the national 
     interests of the United States and, before exercising the 
     waiver, notifies the appropriate congressional committees of 
     the name of the individual and the reasons for the waiver.''.
       (c) Sanctions Against Janjaweed Commanders and Coordinators 
     or Other Individuals.--It is the sense of Congress, that the 
     President should immediately impose the sanctions described 
     in section 6(c) of the Comprehensive Peace in Sudan Act of 
     2004, as added by subsection (a), against any individual, 
     including the Janjaweed commanders and coordinators, 
     identified as those who, among other acts, ``impede the peace 
     process, constitute a threat to stability in Darfur and the 
     region, commit violations of international humanitarian or 
     human rights law or other atrocities''.

     SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE 
                   IN DARFUR.

       (a) Presidential Assistance To Support AMIS.--Subject to 
     subsection (b) and notwithstanding any other provision of 
     law, the President is authorized to provide AMIS with--
       (1) assistance for any expansion of the mandate, size, 
     strength, and capacity to protect civilians and humanitarian 
     operations in order to help stabilize the Darfur region of 
     Sudan and dissuade and deter air attacks directed against 
     civilians and humanitarian workers; and
       (2) assistance in the areas of logistics, transport, 
     communications, material support, technical assistance, 
     training, command and control, aerial surveillance, and 
     intelligence.
       (b) Conditions.--
       (1) In general.--Assistance provided under subsection (a)--
       (A) shall be used only in the Darfur region; and
       (B) shall not be provided until AMIS has agreed not to 
     transfer title to, or possession of, any such assistance to 
     anyone not an officer, employee or agent of AMIS (or 
     subsequent United Nations peacekeeping operation), and not to 
     use or to permit the use of such assistance for any purposes 
     other than those for which such assistance was furnished, 
     unless the consent of the President has first been obtained, 
     and written assurances reflecting all of the forgoing have 
     been obtained from AMIS by the President.
       (2) Consent.--If the President consents to the transfer of 
     such assistance to anyone not an officer, employee, or agent 
     of AMIS (or subsequent United Nations peacekeeping 
     operation), or agrees to permit the use of such

[[Page S9995]]

     assistance for any purposes other than those for which such 
     assistance was furnished, the President shall immediately 
     notify the Committee on Foreign Relations of the Senate and 
     the Committee on International Relations of the House of 
     Representatives in accordance with the procedures applicable 
     to reprogramming notifications under section 634A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
       (c) NATO Assistance To Support AMIS.--It is the sense of 
     Congress that the President should continue to instruct the 
     United States Permanent Representative to the North Atlantic 
     Treaty Organization (referred to in this section as ``NATO'') 
     to use the voice, vote, and influence of the United States at 
     NATO to--
       (1) advocate NATO reinforcement of the AMIS and its orderly 
     transition to a United Nations peacekeeping operation, as 
     appropriate;
       (2) provide assets to help dissuade and deter air strikes 
     directed against civilians and humanitarian workers in the 
     Darfur region of Sudan; and
       (3) provide other logistical, transportation, 
     communications, training, technical assistance, command and 
     control, aerial surveillance, and intelligence support.
       (d) Rule of Construction.--Nothing in this Act, or any 
     amendment made by this Act, shall be construed as a provision 
     described in section 5(b)(1) or 8(a)(1) of the War Powers 
     Resolution (Public Law 93-148; 50 U.S.C. 1544(b), 
     1546(a)(1)).
       (e) Denial of Entry at United States Ports to Certain Cargo 
     Ships or Oil Tankers.--
       (1) In general.--The President should take all necessary 
     and appropriate steps to deny the Government of Sudan access 
     to oil revenues, including by prohibiting entry at United 
     States ports to cargo ships or oil tankers engaged in 
     business or trade activities in the oil sector of Sudan or 
     involved in the shipment of goods for use by the armed forces 
     of Sudan until such time as the Government of Sudan has 
     honored its commitments to cease attacks on civilians, 
     demobilize and demilitarize the Janjaweed and associated 
     militias, grant free and unfettered access for deliveries of 
     humanitarian assistance, and allow for the safe and voluntary 
     return of refugees and internally displaced persons.
       (2) Exception.--Paragraph (1) shall not apply with respect 
     to cargo ships or oil tankers involved in--
       (A) an internationally-recognized demobilization program;
       (B) the shipment of non-lethal assistance necessary to 
     carry out elements of the Comprehensive Peace Agreement for 
     Sudan or the Darfur Peace Agreement; or
       (C) the shipment of military assistance necessary to carry 
     out elements of an agreement referred to in subparagraph (B) 
     if the President has made the determination set forth in 
     section 8(c)(2).
       (f) Prohibition on Assistance to Countries in Violation of 
     United Nations Security Council Resolutions 1556 and 1591.--
       (1) Prohibition.--Amounts made available to carry out the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may 
     not be used to provide assistance (other than humanitarian 
     assistance) to the government of a country that is in 
     violation of the embargo on military assistance with respect 
     to Sudan imposed pursuant to United Nations Security Council 
     Resolutions 1556 (2004) and 1591 (2005).
       (2) Waiver.--The President may waive the application of 
     paragraph (1) if the President determines, and certifies to 
     the appropriate congressional committees, that such waiver is 
     in the national interests of the United States.

     SEC. 7. CONTINUATION OF RESTRICTIONS.

       (a) In General.--Restrictions against the Government of 
     Sudan that were imposed pursuant to Executive Order 13067 of 
     November 3, 1997 (62 Federal Register 59989), title III and 
     sections 508, 512, 527, and 569 of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2006 (Public Law 109-102), or any other similar provision of 
     law, shall remain in effect, and shall not be lifted pursuant 
     to such provisions of law, until the President certifies to 
     the appropriate congressional committees that the Government 
     of Sudan is acting in good faith to--
       (1) implement the Darfur Peace Agreement;
       (2) disarm, demobilize, and demilitarize the Janjaweed and 
     all militias allied with the Government of Sudan;
       (3) adhere to all associated United Nations Security 
     Council Resolutions, including Security Council Resolutions 
     1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663 
     (2006), 1665 (2006), and 1706 (2006);
       (4) negotiate a peaceful resolution to the crisis in 
     eastern Sudan;
       (5) fully cooperate with efforts to disarm, demobilize, and 
     deny safe haven to members of the Lord's Resistance Army in 
     Sudan; and
       (6) fully implement the Comprehensive Peace Agreement for 
     Sudan without manipulation or delay, by--
       (A) implementing the recommendations of the Abyei 
     Boundaries Commission Report;
       (B) establishing other appropriate commissions and 
     implementing and adhering to the recommendations of such 
     commissions consistent with the terms of the Comprehensive 
     Peace Agreement for Sudan;
       (C) adhering to the terms of the Wealth Sharing Agreement; 
     and
       (D) withdrawing government forces from Southern Sudan 
     consistent with the terms of the Comprehensive Peace 
     Agreement for Sudan.
       (b) Waiver.--The President may waive the application of 
     subsection (a) if the President determines, and certifies to 
     the appropriate congressional committees, that such waiver is 
     in the national interests of the United States.

     SEC. 8. ASSISTANCE EFFORTS IN SUDAN.

       (a) Assistance for International Malaria Control Act.--
     Section 501 of the Assistance for International Malaria 
     Control Act (Public Law 106-570; 50 U.S.C. 1701 note) is 
     repealed.
       (b) Comprehensive Peace in Sudan Act.--Section 7 of the 
     Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 
     50 U.S.C. 1701 note) is repealed.
       (c) Economic Assistance.--
       (1) In general.--Notwithstanding any other provision of 
     law, the President is authorized to provide economic 
     assistance for Southern Sudan, Southern Kordofan/Nuba 
     Mountains State, Blue Nile State, Abyei, Darfur, and 
     marginalized areas in and around Khartoum, in an effort to 
     provide emergency relief, to promote economic self-
     sufficiency, to build civil authority, to provide education, 
     to enhance rule of law and the development of judicial and 
     legal frameworks, to support people to people reconciliation 
     efforts, and to implement any nonmilitary program in support 
     of any viable peace agreement in Sudan, including the 
     Comprehensive Peace Agreement for Sudan and the Darfur Peace 
     Agreement.
       (2) Congressional notification.--Assistance may not be 
     obligated under this subsection until 15 days after the date 
     on which the Secretary of State notifies the congressional 
     committees specified in section 634A of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2394-1) of such obligation 
     in accordance with the procedures applicable to reprogramming 
     notifications under such section.
       (d) Authorized Military Assistance.--
       (1) In general.--If the President has not made a 
     certification under section 12(a)(3) of the Sudan Peace Act 
     (50 U.S.C. 1701 note) regarding the noncompliance of the 
     SPLM/A or the Government of Southern Sudan with the 
     Comprehensive Peace Agreement for Sudan, the President, 
     notwithstanding any other provision of law, may authorize, 
     for each of fiscal years 2006, 2007, and 2008, the provision 
     of the following assistance to the Government of Southern 
     Sudan for the purpose of constituting a professional military 
     force--
       (A) non-lethal military equipment and related defense 
     services, including training, controlled under the 
     International Traffic in Arms Regulations (22 C.F.R. 120.1 et 
     seq.) if the President--
       (i) determines that the provision of such items is in the 
     national security interest of the United States; and
       (ii) not later than 15 days before the provision of any 
     such items, notifies the Committee on Foreign Relations of 
     the Senate and the Committee on International Relations of 
     the House of Representatives of such determination; and
       (B) small arms and ammunition under categories I and III of 
     the United States Munitions List (22 C.F.R. 121.1 et seq.) if 
     the President--
       (i) determines that the provision of such equipment is 
     essential to the national security interests of the United 
     States; and
       (ii) consistent with the procedures set forth in section 
     614(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2364(a)(3)), notifies the Committee on Foreign Relations of 
     the Senate and the Committee on International Relations of 
     the House of Representatives of such determination.
       (2) End use assurances.--For each item exported pursuant to 
     this subsection or subsection (c), the President shall 
     include with the notification to Congress under subparagraphs 
     (A)(ii) and (B)(ii) of paragraph (1)--
       (A) an identification of the end users to which the 
     provision of assistance is being made;
       (B) the dollar value of the items being provided;
       (C) a description of the items being provided; and
       (D) a description of the end use verification procedures 
     that will be applied to such items, including--
       (i) any special assurances obtained from the Government of 
     Southern Sudan or other authorized end users regarding such 
     equipment; and
       (ii) the end use or retransfer controls that will be 
     applied to any items provided under this subsection.
       (3) Waiver authority.--Section 40 of the Arms Export 
     Control Act (22 U.S.C. 2780) shall not apply to assistance 
     provided under paragraph (1).
       (e) Exception to Prohibitions in Executive Order Number 
     13067.--Notwithstanding any other provision of law, the 
     prohibitions set forth with respect to Sudan in Executive 
     Order No. 13067 (62 Fed. Reg. 59989) shall not apply to 
     activities or related transactions with respect to Southern 
     Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile 
     State, Abyei, Darfur, or marginalized areas in and around 
     Khartoum.

     SEC. 9. REPORTING REQUIREMENTS.

       Section 8 of the Sudan Peace Act (Public Law 107-245; 50 
     U.S.C. 1701 note) is amended--
       (1) by redesignating subsection (c) as subsection (g); and

[[Page S9996]]

       (2) by inserting after subsection (b) the following:
       ``(c) Report on African Union Mission in Sudan.--Until such 
     time as AMIS concludes its mission in Darfur, in conjunction 
     with the other reports required under this section, the 
     Secretary of State, in consultation with all relevant Federal 
     departments and agencies, shall prepare and submit a report, 
     to the appropriate congressional committees, regarding--
       ``(1) a detailed description of all United States 
     assistance provided to the African Union Mission in Sudan 
     (referred to in this subsection as `AMIS') since the 
     establishment of AMIS, reported by fiscal year and the type 
     and purpose of such assistance; and
       ``(2) the level of other international assistance provided 
     to AMIS, including assistance from countries, regional and 
     international organizations, such as the North Atlantic 
     Treaty Organization, the European Union, the Arab League, and 
     the United Nations, reported by fiscal year and the type and 
     purpose of such assistance, to the extent possible.
       ``(d) Report on Sanctions in Support of Peace in Darfur.--
     In conjunction with the other reports required under this 
     section, the Secretary of State shall submit a report to the 
     appropriate congressional committees regarding sanctions 
     imposed under section 6 of the Comprehensive Peace in Sudan 
     Act of 2004, including--
       ``(1) a description of each sanction imposed under such 
     provision of law;
       ``(2) the name of the individual or entity subject to the 
     sanction, if applicable; and
       ``(3) whether or not such individual has been identified by 
     the United Nations panel of experts.
       ``(e) Report on United States Military Assistance.--In 
     conjunction with the other reports required under this 
     section, the Secretary of State shall submit a report to the 
     appropriate congressional committees describing the 
     effectiveness of any assistance provided under section 8 of 
     the Darfur Peace and Accountability Act of 2006, including--
       ``(1) a detailed annex on any military assistance provided 
     in the period covered by this report;
       ``(2) the results of any review or other monitoring 
     conducted by the Federal Government with respect to 
     assistance provided under that Act; and
       ``(3) any unauthorized retransfer or use of military 
     assistance furnished by the United States.''.
                                 ______
                                 
  SA 5034. Mr. CRAIG proposed an amendment to the bill S. 2562, to 
increase, effective as of December 1, 2006, the rates of compensation 
for veterans with service-connected disabilities and the rates of 
dependency and indemnity compensation for the survivors of certain 
disabled veterans; as follows:

       On page 4, after line 8, add the following:

     SEC. 4. TECHNICAL AMENDMENT.

       Section 1311 of title 38, United States Code, is amended by 
     redesignating the second subsection (e) (as added by section 
     301(a) of the Veterans Benefits Improvement Act of 2004 
     (Public Law 108-454; 118 Stat. 3610)) as subsection (f).

                          ____________________