[Congressional Record Volume 153, Number 86 (Thursday, May 24, 2007)]
[Senate]
[Pages S6625-S6687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


            TEXT OF AMENDMENT SUBMITTED MONDAY, MAY 21, 2007

  SA 1150. Mr. REID (for Mr. Kennedy (for himself and Mr. Specter)) 
proposed an amendment to the bill S. 1348, to provide for comprehensive 
immigration reform and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. EFFECTIVE DATE TRIGGERS.

       (a) With the exception of the probationary benefits 
     conferred by section 601(h), the provisions of subtitle C of 
     title IV, and the admission of aliens under Section 
     101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(H)(ii)), as amended by title IV,
       (1) the programs established by title IV of this Act; and
       (2) the programs established by title VI of this Act that 
     grant legal status to any individual or adjust the current 
     status of any individual who is unlawfully present in the 
     United States to that of an alien lawfully admitted for 
     permanent residence,
     shall become effective on the date that the Secretary submits 
     a written certification to the President and the Congress 
     that the following border security and other measures are 
     funded, in place, and in operation:
       (1) Staff enhancements for border patrol.--The U.S. Customs 
     and Border Protection (CBP) Border Patrol has, in its 
     continued effort to increase the number of agents and support 
     staff, hired 18,000 agents;
       (2) Strong border barriers.--Have installed at least 200 
     miles of vehicle barriers, 370 miles of fencing, and 70 
     ground-based radar and camera towers along the southern land 
     border of the United States, and have deployed 4 Unmanned 
     Aerial Vehicles and supporting systems;
       (3) Catch and return.--The Department of Homeland Security 
     is detaining all removable aliens apprehended crossing the 
     southern border, except as specifically mandated by law or 
     humanitarian circumstances, and U.S. Immigration and Customs 
     Enforcement (ICE) has the resources to maintain this 
     practice, including resources to detain up to 27,500 aliens 
     per day on an annual basis;
       (4) Workplace enforcement tools.--As required through all 
     the provisions of Title III of this Act, the Department of 
     Homeland Security has established and is using secure and 
     effective identification tools to prevent unauthorized 
     workers from obtaining jobs In the United States. These tools 
     shall include, but not be limited to, establishing--
       (A) strict standards for identification documents that must 
     be presented in the hiring process, including the use of 
     secure documentation that contains a photograph, biometrics, 
     and/or complies with the requirements for such documentation 
     under the REAL ID Act; and
       (B) an electronic employment eligibility verification 
     system that queries federal and state databases to restrict 
     fraud, identity theft, and use of false social security 
     numbers in the hiring process by electronically providing a 
     digitized version of the photograph on the employee's 
     original federal or state issued document or documents for 
     verification of the employee's identity and work eligibility; 
     and
       (5) Processing applications of aliens.--The Department of 
     Homeland Security has received and is processing and 
     adjudicating in a timely manner applications for Z 
     nonimmigrant status under Title VI of this Act, including 
     conducting all necessary background and security checks.
       (b) It is the sense of Congress that the border security 
     and other measures described in such subsection can be 
     completed within 18 months of enactment, subject to the 
     necessary appropriations.
       (c) The President shall submit a report to Congress 
     detailing the progress made in funding, appropriating, 
     contractual agreements reached, and specific progress on each 
     of the measures included in (a)(1)-(5):
       (1) 90 days after the date of enactment; and
       (2) every 90 days thereafter until the terms of this 
     section have been met.
     If the President determines that sufficient progress is not 
     being made, the President shall include in the report 
     specific funding recommendations, authorization needed, or 
     other actions that are being undertaken by the Department.
                      TITLE I--BORDER ENFORCEMENT

       Subtitle A--Assets for Controlling United States Borders.

     SEC. 101. ENFORCEMENT PERSONNEL.

       (a) Additional Personnel.--
       (1) U.S. customs and border protection officers.--In each 
     of the fiscal years 2008 through 2012, the Secretary shall, 
     subject to the availability of appropriations, increase by 
     not less than 500 the number of positions for full-time 
     active duty CBP officers and provide appropriate training, 
     equipment, and support to such additional CBP officers.
       (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 2008 through 2012, 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 2008 through 2012, 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 assist in 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) U.S. customs and border protection officers.--There are 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary for each of the fiscal years 2008 through 
     2012 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 2008 through 2012 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 not less than--
       ``(1) 2,000 in fiscal year 2007;
       ``(2) 2,400 in fiscal year 2008;
       ``(3) 2,400 in fiscal year 2009;
       ``(4) 2,400 in fiscal year 2010;
       ``(5) 2,400 in fiscal year 2011; and
       ``(6) 2,400 in fiscal year 2012.
       ``(b) Northern Border.--In each of the fiscal years. 2008 
     through 2012, 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 2008 through 2012 to carry out this 
     section.''.

     SEC. 102. TECHNOLOGICAL ASSETS.

       (a) Acquisition.--Subject to the availability of 
     appropriations for such purpose, the Secretary shall procure 
     additional unmanned aerial vehicles, cameras, poles, sensors, 
     and other technologies necessary to achieve operational 
     control of the borders of the United States.
       (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) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary for each of the fiscal years 2008 through 2012 to 
     carry out subsection (a).

     SEC. 103. INFRASTRUCTURE.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
       (1) in subsection (a), by striking ``Attorney General, in 
     consultation with the Commissioner of Immigration and 
     Naturalization,'' and inserting ``Secretary of Homeland 
     Security''; and
       (2) in subsection (b)--
       (A) by redesignating paragraphs (1), (2), (3), and (4) as 
     paragraphs (2), (3), (4), and (5), respectively;
       (B) by inserting before paragraph (2), as redesignated, the 
     following:

[[Page S6626]]

       ``(1) Fencing near san diego, california.--In carrying out 
     subsection (a), the Secretary shall provide for the 
     construction along the 14 miles of the international land 
     border of the United States, starting at the Pacific Ocean 
     and extending eastward, of second and third fences, in 
     addition to the existing reinforced fence, and for roads 
     between the fences.''.

     SEC. 104. PORTS OF ENTRY.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, Division C of Public Law 104-208, 
     is amended by the addition, at the end of that section, of 
     the following new subsection:
       ``(e) Construction and Improvements.--The Secretary is 
     authorized to--
       ``(1) construct additional ports of entry along the 
     international land borders of the United States, at locations 
     to be determined by the Secretary; and
       ``(2) make necessary improvements to the ports of entry.''.
             Subtitle B--Other Border Security Initiatives

     SEC. 111. BIOMETRIC ENTRY-EXIT SYSTEM.

       (a) Collection of Biometric Data From Aliens Entering and 
     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 is authorized to require aliens 
     entering and 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 subsections (a) and (b), immigration 
     officers are authorized to collect biometric data from--
       ``(A) any applicant for admission or any alien who is 
     paroled under section 212(d)(5), seeking to or permitted to 
     land temporarily as an alien crewman, or seeking to or 
     permitted transit through the United States; or
       ``(B) any lawful permanent resident who is entering the 
     United States and who is not regarded as seeking admission 
     pursuant to section 101(a)(13)(C).''.
       (c) Collection of Biometric Data From Alien Crewmen.--
     Section 252 (8 U.S.C. 1282) is amended by adding at the end 
     the following:
       ``(d) An immigration officer is authorized to collect 
     biometric data from an alien crewman seeking permission to 
     land temporarily in the United States.''.
       (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 
     1182) is amended.
       (1) in subsection (a)(7); by adding at the end the 
     following:
       ``(C) Withholders of biometric data.--Any alien who fails 
     or has failed to comply with a lawful request for biometric 
     data under section 215(c), 235(d), or 252(d) is 
     inadmissible.''; and
       (2) in subsection (d), by inserting after paragraph (1) the 
     following:
       ``(2) The Secretary may waive the application of 
     subsection. (a)(7)(C) for an individual alien or class of 
     aliens.''.
       (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 (1)--
       (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 2008 and 2009 to implement 
     the automated biometric entry and exit data system at all 
     land border ports of entry.''.

     SEC. 112. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS 
                   CONTROLS.

       (a) In General.--Section 758 of Title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 758. Unlawful Flight from Immigration or Customs 
       Controls

       ``(a) Evading a Checkpoint.--Any person who, while 
     operating a motor vehicle or vessel, knowingly flees or 
     evades a checkpoint operated by the Department of Homeland 
     Security or any other Federal law enforcement agency, and 
     then knowingly or recklessly disregards or disobeys the 
     lawful command of any law enforcement agent, shall be fined 
     under this title, imprisoned not more than five years, or 
     both.
       ``(b) Failure to Stop.--Any person who, while operating a 
     motor vehicle, aircraft, or vessel, knowingly or recklessly 
     disregards or disobeys the lawful command of an officer of 
     the Department of Homeland Security engaged in the 
     enforcement of the immigration, customs, or maritime laws, or 
     the lawful command of any law enforcement agent assisting 
     such officer, shall be fined under this title, imprisoned not 
     more than two years, or both.
       ``(c) Alternative Penalties.--Notwithstanding the penalties 
     provided in subsection (a) or (b), any person who violates 
     such subsection shall--
       ``(1) be fined under this title, imprisoned not more than 
     10 years, or both, if the violation involved the operation of 
     a motor vehicle, aircraft, or vessel--
       ``(A) in excess of the applicable or posted speed limit,
       ``(B) in excess of the rated capacity of the motor vehicle, 
     aircraft, or vessel, or
       ``(C) in an otherwise dangerous or reckless manner;
       ``(2) be fined under this title, imprisoned not more than 
     20 years, or both, if the violation created a substantial and 
     foreseeable risk of serious bodily injury or death to any 
     person;
       ``(3) be fined under this title, imprisoned not more than 
     30 years, or both, if the violation caused serious bodily 
     injury to any person; or
       ``(4) be fined under this title, imprisoned for any term of 
     years or life, or both, if the violation resulted in the 
     death of any person.
       ``(d) Attempt and Conspiracy.--Any person who attempts or 
     conspires to commit any offense under this section shall be 
     punished in the same manner as a person who completes the 
     offense.
       ``(e) Forfeiture.--Any property, real or personal, 
     constituting or traceable to the gross proceeds of the 
     offense and any property, real or personal, used or intended 
     to be used to commit or facilitate the commission of the 
     offense shall be subject to forfeiture.
       ``(f) Forfeiture Procedures.--Seizures and forfeitures 
     under this section shall be governed by the provisions of 
     chapter 46 of this title, relating to civil forfeitures, 
     including section 981(d) of such title, except that such 
     duties as are imposed upon the Secretary of the Treasury 
     under the customs laws described in that section shall be 
     performed by such officers, agents, and other persons as may 
     be designated for that purpose by the Secretary of Homeland 
     Security or the Attorney General. Nothing in this section 
     shall limit the authority of the Secretary to seize and 
     forfeit motor vehicles, aircraft, or vessels under the 
     Customs laws or any other laws of the United States.
       ``(g) Definitions.--For purposes of this section--
       ``(1) the term ``checkpoint'' includes, but is not limited 
     to, any customs or immigration inspection at a port of entry;
       ``(2) the term ``lawful command'' includes, but is not 
     limited to, a command to stop, decrease speed, alter course, 
     or land, whether communicated orally, visually, by means of 
     lights or sirens, or by radio, telephone, or other wire 
     communication;
       ``(3) the term ``law enforcement agent'' means any Federal, 
     State, local or tribal official authorized to enforce 
     criminal law, and, when conveying a command covered under 
     subsection (b) of this section, an air traffic controller;
       ``(4) The term ``motor vehicle'' means any motorized or 
     self-propelled means of terrestrial transportation; and
       ``(5) The term ``serious bodily injury'' has the meaning 
     given in section 2119(2) of this title.''.

     SEC. 113. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

       Section 236(a)(2) (8 U.S.C. 1226(a)(2)) is amended--
       (1) by striking ``on'';
       (2) in subparagraph (A)--
       (A) by inserting ``except as provided under subparagraph 
     (B), upon the giving of a'' before ``bond''; and
       (B) by striking ``or'' at the end;
       (3) by redesignating subparagraph (6) as subparagraph (C); 
     and
       (4) by inserting after subparagraph (A) the following:
       ``(B) upon the giving of a bond of not less than $5,000 
     with security approved by, and containing conditions 
     prescribed by, the Secretary or the Attorney General, if the 
     alien--
       ``(i) is a national of a noncontiguous country;
       ``(ii) has not been admitted or paroled into the United 
     States; and
       ``(iii) was apprehended within 100 miles of the 
     international border of the United States or presents a 
     flight risk, as determined by the Secretary of Homeland 
     Security; or''.

     SEC. 114. SEIZURE OF CONVEYANCE WITH CONCEALED COMPARTMENT: 
                   EXPANDING THE DEFINITION OF CONVEYANCES WITH 
                   HIDDEN COMPARTMENTS SUBJECT TO FORFEITURE.

       (a) In General.--Section 1703 of Title 19, United States 
     Code is amended--
       (1) by amending the title of such section to read as 
     follows:

      ``Sec. 1703. Seizure and forfeiture of vessels, vehicles, 
       other conveyances and instruments of international 
       traffic'';

       (2) by amending the title of subsection (a) to read as 
     follows:
       (a) ``Vessels, vehicles, other conveyances and instruments 
     of international traffic subject to seizure and forfeiture'';
       (3) by amending the title of subsection (b) to read as 
     follows:
       ``(b) Vessels, vehicles, other conveyances and instruments 
     of international traffic defined'';
       (4) by inserting ``,vehicle, other conveyance or instrument 
     of international traffic'' after the word ``vessel'' 
     everywhere it appears in the text of subsections (a) and (b); 
     and

[[Page S6627]]

       (5) by amending subsection (c) to read as follows:
       ``(c) Acts constituting prima facie evidence of vessel, 
     vehicle, or other conveyance or instrument of international 
     traffic engaged in smuggling ``For the purposes of this 
     section, prima facie evidence that a conveyance is being, or 
     has been, or is attempted to be employed in smuggling or to 
     defraud the revenue of the United States shall be--
       ``(1) in the case of a vessel, the fact that a vessel has 
     become subject to pursuit as provided in section 1581 of this 
     title, or is a hovering vessel, or that a vessel fails, at 
     any place within the customs waters of the United States or 
     within a customs-enforcement area, to display light as 
     required by law.
       ``(2) in the case of a vehicle, other conveyance or 
     instrument of international traffic, the fact that a vehicle, 
     other conveyance or instrument of international traffic has 
     any compartment or equipment that is built or fitted out for 
     smuggling.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     5 in title i9, United States Code, is amended by striking the 
     items relating to section 1703 and inserting in lieu thereof 
     the following:

        ``Sec. 1703. Seizure and forfeiture of vessels, vehicles, 
           other conveyances or instruments of international 
           traffic.
       ``(a) Vessels, vehicles, other conveyances or instruments 
           of international traffic subject to seizure and 
           forfeiture.
       ``(b) Vessels, vehicles, other conveyances or instruments 
           of international traffic defined.
       ``(c) Acts constituting prima facie evidence of vessel, 
           vehicle, other conveyance or instrument of 
           international traffic engaged in smuggling.''
                       Subtitle C--Other Measures

     SEC. 121. 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. 122. 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 U.S. Customs and Border Protection personnel 
     to secure protected land along the international land borders 
     of the United States;
       (B) Federal land resource training for U.S. 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.
       (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) Analysis of Damage to Protected Lands.--The Secretary 
     and Secretaries concerned shall develop an analysis of damage 
     to protected lands 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 one year from the date of enactment, 
     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 or 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 the homeland, including--
       (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.

     SEC. 123. 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; and
       (3) between all appropriate border security agencies of the 
     Department and State, local, and tribal law enforcement 
     agencies.

     SEC. 124. UNMANNED AIRCRAFT SYSTEMS.

       (a) Unmanned Aircraft and Associated Infrastructure.--The 
     Secretary shall acquire and maintain unmanned aircraft 
     systems 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 2008; and
       (B) $276,000,000 for fiscal year 2009.
       (2) Availabiuty of funds.--Amounts appropriated pursuant to 
     paragraph (1) shall remain available until expended.

     SEC. 125. 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 sha1l 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

[[Page S6628]]

     additional unmanned aerial vehicles, cameras, poles, sensors, 
     satellites, radar coverage, and other technologies necessary 
     to achieve operational control of the international borders 
     of the United States and to establish a security perimeter 
     known as a ``virtual fence'' along such international borders 
     to provide a barrier to illegal immigration. Such program 
     shall be known as the Integrated and Automated Surveillance 
     Program.
       (2) Program components.--The Secretary shall ensure, to the 
     maximum extent feasible, the Integrated and Automated 
     Surveillance Program is carried out in a manner that--
       (A) the technologies utilized in the Program are integrated 
     and function cohesively in an automated fashion, including 
     the integration of motion sensor alerts and cameras, whereby 
     a sensor alert automatically activates a corresponding-camera 
     to pan and tilt in the direction of the triggered sensor;
       (B) cameras utilized in the Program do not have to be 
     manually operated;
       (C) such camera views and positions are not fixed;
       (D) surveillance video taken by such cameras can be viewed 
     at multiple designated communications centers;
       (E) a standard process is used to collect, catalog, and 
     report intrusion and response data collected under the 
     Program;
       (F) future remote surveillance technology investments and 
     upgrades for the Program can be integrated with existing 
     systems;
       (G) performance measures are developed and applied that can 
     evaluate whether the Program is providing desired results and 
     increasing response effectiveness in monitoring and detecting 
     illegal intrusions along the international borders of the 
     United States;
       (H) plans are developed under the Program to streamline 
     site selection, site validation, and environmental assessment 
     processes to minimize delays of installing surveillance 
     technology infrastructure;
       (I) standards are developed under the Program to expand the 
     shared use of existing private and governmental structures to 
     install remote surveillance technology infrastructure where 
     possible; and
       (J) standards are developed under the Program to identify 
     and deploy the use of nonpermanent or mobile surveillance 
     platforms that will increase the Secretary's mobility and 
     ability to identify illegal border intrusions.
       (3) Report to congress.--Not later than 1 year after the 
     initial implementation of the Integrated and Automated 
     Surveillance Program, the Secretary shall submit to Congress 
     a report regarding the Program. The Secretary shall include 
     in the report a description of the Program together with any 
     recommendation that the Secretary finds appropriate for 
     enhancing the program.
       (4) Evaluation of contractors.--
       (A) Requirement for standards.--The Secretary shall develop 
     appropriate standards to evaluate the performance of any 
     contractor providing goods or services to carry out the 
     Integrated and Automated Surveillance Program.
       (B) Review by the inspector general.--The Inspector General 
     of the Department shall timely review each new contract 
     related to the Program that has a value of more than 
     $5,000,000, to determine whether such contract fully complies 
     with applicable cost requirements, performance objectives, 
     program milestones, and schedules. The Inspector General 
     shall report the findings of such review to the Secretary in 
     a timely manner. Not later than 30 days after the date the 
     Secretary receives a report of findings from the Inspector 
     General, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report of such findings and a description 
     of any 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. 126. 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. 127. 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 136.
       (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

[[Page S6629]]

     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. 128. 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. 129. BIOMETRIC DATA ENHANCEMENTS.

       Not later than October 1, 2008, 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. 130. 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. 131. DOCUMENT FRAUD DETECTION.

       (a) Training.--Subject to the availability of 
     appropriations, the Secretary shall provide all U.S. 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 U.S. Immigration and 
     Customs Enforcement.
       (b) Forensic Document Laboratory.--The Secretary shall 
     provide all U.S. 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 2008 through 2012 to carry 
     out this section.

     SEC. 132. 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 2008 through 2012.
       (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 authorizd to be appropriated 
     $50,000,000 for each of fiscal years 2008 through 2012 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. 133. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

       (a) Requirement To Update.-- Not later than January 31 of 
     each year, the Administrator of General Services, in 
     consultation with U.S. Customs and Border Protection, shall 
     update the Port of Entry Infrastructure Assessment Study 
     prepared by U.S. 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 Natiolialland 
     Border Security Plan required by section; 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).

[[Page S6630]]

       (e) Divrgence 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 
     Mexicq or Canada, compellingly alter the need for a project 
     in the United States.

     SEC. 134. 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 bordr or the southern border, shall 
     subniit 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. 135. 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 but. 
     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.
       (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)(l).
       (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 U.S. Customs and Border Protection.

     SEC. 136. COMBATING HUMAN SMUGGLING.

       (a) Requirement for Plan.--The Secretary shall develop and 
     implement a plan to improve coordination between the U.S. 
     Immigration and Customs Enforcement and the U.S. 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. 137. 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. 138. UNITED STATES-MEXICO BORDER ENFORCEMENT REVIEW 
                   COMMISSION.

       (a) Establishment of Commission.--
       (1) In general.--There is established an independent 
     commission to be known as the United States-Mexico. Border 
     Enforcement Review Commission (referred to in this section as 
     the ``Commission'').
       (2) Purposes.--The purposes of the Commission are--
       (A) to study the overall enforcement strategies, programs 
     and policies of Federal agencies along the United States-
     Mexico border; and
       (B) to make recommendations to the President and Congress 
     with respect to such strategies, programs and policies.
       (3) Membership.--The Commission shall be composed of 17 
     voting members, who shall be appointed as follows:

[[Page S6631]]

       (A) The Governors of the States of California, New 
     Mexico,Arizona, and Texas shall each appoint 4 voting members 
     of whom--
       (i) 1 shall be a local elected official from the State's 
     border region;
       (ii) 1 shall be a local law enforcement official from the 
     State's border region; and
       (iii) 2 shall be from the State's communities of academia, 
     religious leaders, civic leaders or community leaders.
       (B) 2 nonvoting members, of whom--
       (i) 1 shall be appointed by the Secretary;
       (ii) 1 shall be appointed by the Attorney General; and
       (iii) 1 shall be appointed by the Secretary of State.
       (4) Qualifications.--
       (A) In general.--Members of the Commission shall be--
       (i) individuals with expertise in migration, border 
     enforcement and protection, civil and human rights, community 
     relations, cross-border trade and commerce or other pertinent 
     qualifications or experience; and
       (ii) representative of a broad cross section of perspective 
     from the region along the international border between the 
     United States and Mexico;
       (B) Political affiliation.--Not more than 2 members of the 
     Commission appointed by each Governor under paragraph (3)(A) 
     may be members of the same political party.
       (C) Nongovernmental appointees.--An individual appointed as 
     a voting member to the Commission may not be an officer or 
     employee of the Federal Government.
       (5) Deadline for appointment.--All members of the 
     Commission shall be appointed not later than 6 months after 
     the enactment of this Act. If any member of the Commission 
     described in paragraph (3)(A) is not appointed by such date, 
     the Commission shall carry out its duties under this section 
     without the participation of such member.
       (6) Term of service.--The term of office for members shall 
     be for life of the Commission.
       (7) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (8) Meetings.--
       (A) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable.
       (B) Subsequent meetings.--After its initial meeting, the 
     Commission shall meet upon the call of the chairman or a 
     majority of its members.
       (9) Quorum.--Nine members of the Commission shall 
     constitute a quorum.
       (10) Chair and vice chair.--The voting members of the 
     Commission shall elect a Chairman and Vice Chairman from 
     among its members. The term of office shall be for the life 
     of the Commission.
       (b) Duties.--The Commission shall review, examine, and make 
     recommendations regarding border enforcement policies, 
     strategies, and programs, including recommendations 
     regarding--
       (1) the protection of human and civil rights of community 
     residents and migrants along the international border between 
     the United States and Mexico;
       (2) the adequacy and effectiveness of human and civil 
     rights training of enforcement personnel on such border;
       (3) the adequacy of the complaint process within the 
     agencies and programs of the Department that are employed 
     when an individual files a grievance;
       (4) the effect of the operations, technology, and 
     enforcement infrastructure along such border on the--
       (A) environment;
       (B) cross border traffic and commerce; and
       (C) the quality of life of border communities;
       (5) local law enforcement involvement in the enforcement of 
     Federal immigration law; and
       (6) any other matters regarding border enforcement 
     policies, strategies, and programs the Commission determines 
     appropriate.
       (c) Information and Assistance From Federal Agencies.--
       (1) Information from federal agencies.--The Commission may 
     seek directly from any department or agency of the United 
     States such information, including suggestions, estimates, 
     and statistics, as allowed by law and as the Commission 
     considers necessary to carry out the provisions of this 
     section. Upon request of the Commission, the head of such 
     department or agency shall furnish such information to the 
     Commission.
       (2) Assistance from federal agencies.--The Administrator of 
     General Services shall, on a reimbursable basis, provide the 
     Commission with administrative support and other services for 
     the performance of the Commission's functions. The 
     departments and agencies of the United States may provide the 
     Commission with such services, funds, facilities, staff, and 
     other support services as they determine advisable and as 
     authorized by law.
       (d) Compensation.--
       (1) In general.--Members of the Commission shall serve 
     without pay.
       (2) Reimbursement of expenses.--All members of the 
     Commission shall be reimbursed for reasonable travel expenses 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.
       (e) Report.--Not later than 2 years after the date of the 
     first meeting called pursuant to (a)(8)(A), the Commission 
     shall submit a report to the President and Congress that 
     contains--
       (1) findings with respect to the duties of the Commission;
       (2) recommendations regarding border enforcement policies, 
     strategies, and programs;
       (3) suggestions for the implementation of the Commission's 
     recommendations; and
       (4) a recommendation as to whether the Commission should 
     continue to exist after the date of termination described in 
     subsection (g), and if so, a description of the purposes and 
     duties recommended to be carried out by the Commission after 
     such date.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (g) Sunset.--Unless the Commission is reauthorized by 
     Congress, the Commission shall terminate on the date that is 
     90 days after the date the Commission submits the report 
     described in subsection (e).
                     TITLE II--INTERIOR ENFORCEMENT

     SEC. 201. ADDITIONAL IMMIGRATION PERSONNEL.

       (a) Department of Homeland Security.--
       (1) Trial attorneys.--In each of the fiscal years 2008 
     through 2012, the Secretary, subject to the availability of 
     appropriations for such purpose, shall 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 compared to the number of such 
     positions for which funds were made available during the 
     preceding fiscal year.
       (2) USCIS adjudicators.--In each of the fiscal years 2008 
     through 2012, the Secretary, subject to the availability of 
     appropriations for such purpose, shall increase the number of 
     positions for adjudicators in the United States Citizenship 
     and Immigration Service by not less than 100 compared to the 
     number of such positions for which funds were made available 
     during the preceding fiscal year.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2008 through 2012 such sums as may be necessary to 
     carry out paragraphs (1) and (2).
       (b) Department of Justice.--
       (1) Judicial clerks.--The Attorney General shall, subject 
     to the availability of appropriations for such purpose, 
     appoint necessary law clerks for immigration judges and Board 
     of Immigration Appeals members of no less than one per judge 
     and member. A law clerk appointed under this section shall be 
     exempt from the provisions of subchapter I of chapter 63 of 
     title 5 (5 USCS 6301 et seq.).
       (2) Litigation attorneys.--In each of the fiscal years 2008 
     through 2012, the Attorney General, subject to the 
     availability of appropriations for such purpose, shall 
     increase the number of positions for attorneys in the Office 
     of Immigration Litigation by not less than 50 compared to the 
     number of such positions for which funds were made available 
     during the preceding fiscal year.
       (3) United states attorneys.--In each of the fiscal years 
     2008 through 2012, the Attorney General, subject to the 
     availability of appropriations for such purpose, shall 
     increase the number of attorneys in the United States 
     Attorneys' office to litigate immigration cases in the 
     Federal courts by not less than 50 compared to the number of 
     such positions for which funds were made available during the 
     preceding fiscal year.
       (4) Immigration judges.--In each of the fiscal years 2008 
     through 2012, the Attorney General, subject to the 
     availability of appropriations for such purpose, shall--
       (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.
       (5) Board of immigration appeals members.--The Attorney 
     General shall, subject to the availability of appropriations, 
     increase by 10 the number of members of the Board of 
     Immigration Appeals over the number of members serving on the 
     date of enactment of this Act.
       (6) Staff attorneys.--In each of the fiscal years 2008 
     through 2012, the Attorney General shall, subject to the 
     availability of appropriations for such purpose--
       (A) increase the number of positions for full-time staff 
     attorneys in the Board of Immigration Appeals by not less 
     than 20 compared to the number of such positions for which 
     funds were made available during the preceding fiscal year; 
     and
       (B) increase the number of positions for personnel to 
     support the staff attorneys described in subparagraph (A) by 
     not less than 10 compared to the number of such positions for 
     which funds were made available during the preceding fiscal 
     year.
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated to the Attorney General for each of the 
     fiscal years 2008 through 2012 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 2008 through 2012, the Director of 
     the Administrative Office of the United States Courts, 
     subject to the availability of appropriations, shall increase 
     the number of attorneys in the Federal Defenders Program who 
     litigate criminal immigration cases in the Federal courts by 
     not less than 50 compared to the number of such positions for 
     which funds

[[Page S6632]]

     were made available during the preceding fiscal year.
       (d) Legal Orientation Program.--
       (1) 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.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     such legal orientation program.

     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, except for the first reference in clause 
     (a)(4)(B)(i), 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 in which the alien 
     is returned to the custody of the Secretary.'';
       (D) in paragraph (2), by adding at the end the following: 
     ``If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administrative final order of removal, the 
     Secretary, in the exercise of discretion, may detain the 
     alien during the pendency of such stay of removal.'';
       (E) in paragraph (3), by amending subparagraph (D) to read 
     as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities, or to perform affirmative acts, that 
     the Secretary prescribes for the alien--
       ``(i) to prevent the alien from absconding;
       ``(ii) for the protection of the community; or
       ``(iii) for other purposes related to the enforcement of 
     the immigration laws.'';
       (F) in paragraph (6), by striking ``removal period and, if 
     released,'' and inserting ``removal period, in the discretion 
     of the Secretary, without any limitations other than those 
     specified in this section, until the alien is removed. If an 
     alien is released, the alien'';
       (G) by redesignating paragraph (7) as paragraph (10); and
       (H) by inserting after paragraph (6) the following:
       ``(7) Parole.--If an alien detained pursuant to paragraph 
     (6) is an applicant for admission, the Secretary of Homeland 
     Security, in the Secretary's discretion, may parole the alien 
     under section 212(d)(5) and may provide, notwithstanding 
     section 212(d)(5), that the alien shall not be returned to 
     custody unless either the alien violates the conditions of 
     the alien's parole or the alien's removal becomes reasonably 
     foreseeable, provided that in no circumstance shall such 
     alien be considered admitted.
       ``(8) Additional rules for detention or release of 
     aliens.--The following procedures shall apply to an alien 
     detained under this section:
       ``(A) Detention review process for aliens who have effected 
     an entry and fully cooperate with removal.--The Secretary of 
     Homeland Security shall establish an administrative review 
     process to determine whether an alien described in 
     subparagraph (B) should be detained or released after the 
     removal period in accordance with this paragraph.
       ``(B) Alien described.--An alien is described in this 
     subparagraph if the alien--
       ``(i) has effected an entry into the United States;
       ``(ii) has made all reasonable efforts to comply with the 
     alien's removal order;
       ``(iii) has cooperated fully with the Secretary's efforts 
     to establish the alien's identity and to carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary for the alien's 
     departure; and
       ``(iv) has not conspired or acted to prevent removal.
       ``(C) Evidence.--In making a determination under 
     subparagraph (A), the Secretary--
       ``(i) shall consider any evidence submitted by the alien;
       ``(ii) may consider any other evidence, including--
       ``(I) any information or assistance provided by the 
     Department of State or other Federal agency; and
       ``(II) any other information available to the Secretary 
     pertaining to the ability to remove the alien.
       ``(D) Authority to detain for 90 days beyond removal 
     period.--The Secretary, in the exercise of the Secretary's 
     discretion and without any limitations other than those 
     specified in this section, may detain an alien for 90 days 
     beyond the removal period (including any extension of the 
     removal period under paragraph (l)(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) Attorney general review.--If the Secretary authorizes 
     an extension of detention under subparagraph (E), the alien 
     may seek review of that determination before the Attorney 
     General. If the Attorney General concludes that the alien 
     should be released, then the Secretary shall release the 
     alien pursuant to subparagraph (1). The Attorney General, in 
     consultation with the Secretary, shall promulgate regulations 
     governing review under this paragraph.
       ``(G) 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)).
       ``(H) 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 
     (I). If the Secretary authorizes an extension of detention 
     under paragraph (E), the alien may seek review of that 
     determination before the Attorney General. If the Attorney 
     General concludes that the alien should be released, then the 
     Secretary shall release the alien pursuant to subparagraph 
     (I).
       ``(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) below the level of 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

[[Page S6633]]

     hearing to make the determination described in subparagraph 
     (E)(ii)(IV)(bb)(BB).
       ``(I) 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).
       ``(J) 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).
       ``(K) 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.
       ``(L) 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 (H).
       ``(M) 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.--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 a 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, unless (a) 
     that order was issued and the alien was subsequently released 
     or paroled before the enactment of this Act and (b) the alien 
     has complied with and remains in compliance with the terms 
     and conditions of that release or parole; and
       (ii) any act or condition occurring or existing before, on, 
     or after the date of the enactment of this Act.

     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, 
     the term `aggravated felony' applies to an offense described 
     in this paragraph, whether in violation of Federal or State 
     law, and to such an offense in violation of the law of a 
     foreign country for which the term of imprisonment was 
     completed within the previous 15 years, 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 (l)(A) or 
     (2) of''; and
       (4) 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 conviction 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. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG 
                   VIOLENCE AND REMOVAL.

       (a) Definition of Criminal Gang.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by inserting after subparagraph (51) the following:
       ``( 52) The term ``criminal gang''
       (A) means an ongoing group, club, organization, or 
     association of 5 or more persons--
       (i) that has as 1 of its primary purposes the commission of 
     1 or more of the criminal offenses described in subsection 
     (b); and
       (ii) the members of which engage, or have engaged within 
     the past 5 years, in a continuing series of offenses 
     described in subsection (b);
       (B) offenses described in this section, whether in 
     violation of Federal or State law or in violation of the law 
     of a foreign country, and regardless of whether charged, are:
       (i) a ``felony drug offense'' (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802));
       (ii) a felony offense involving firearms or explosives or 
     in violation of section 931 of title 18 (relating to 
     purchase, ownership, or possession of body armor by violent 
     felons);
       (iii) an offense under section 274 (relating to bringing in 
     and harboring certain aliens), section 277 (relating to 
     aiding or assisting certain aliens to enter the United 
     States), or section 278 (relating to the importation of an 
     alien for immoral purpose) of the Immigration and Nationality 
     Act;
       (iv) a felony crime of violence as defined in section 16 of 
     title 18, which is punishable by a sentence of imprisonment 
     of five years or more;
       (v) a crime involving obstruction of justice; tampering 
     with or retaliating against a witness, victim, or informant; 
     or burglary;
       (vi) Any conduct punishable under sections 1028 and 1029 of 
     title 18 (relating to fraud and related activity in 
     connection with identification documents or access devices), 
     sections 1581 through 1594 of title 18 (relating to peonage, 
     slavery and trafficking in persons), section 1952 of title 18 
     (relating to interstate and foreign travel or transportation 
     in aid of racketeering enterprises), section 1956 of title 18 
     (relating to the laundering of monetary instruments), section 
     1957 of title 18 (relating to engaging in monetary 
     transactions in property derived from specified unlawful 
     activity), or sections 2312 through 2315 of title 18 
     (relating to interstate transportation of stolen motor 
     vehicles or stolen property);
       (vii) a conspiracy to commit an offense described in 
     subparagraphs (1)-(6).
     ``Notwithstanding any other provision of law (including any 
     effective date), the term applies regardless of whether the 
     conduct occurred before, on, or after the date of enactment 
     of this provision.''.
       (b) Inadmissibilily.-- Section 212(a)(2) (8 U.S.C. 
     1182(a)(2)) is amended--
       (1) by redesignating subparagraph (F) as subparagraph (J); 
     and
       (2) by inserting after subparagraph (E) the following:
       ``(F) Aliens associated with criminal 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 has 
     participated in a criminal gang (as defined in section 
     101(a)(52)), knowing or having reason to know that such 
     participation promoted, furthered, aided, or supported the 
     illegal activity of the criminal gang, is inadmissible.''.
       (c) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by 
     adding at the end the following:
       ``(F) Aliens associated with criminal gangs.--Any alien, in 
     or admitted to the United States, who at any time has 
     participated in a criminal gang (as defined in section 
     101(a)(52)), knowing or having reason to know that such 
     participation will promote, further, aid, or support the 
     illegal activity of the criminal gang is deportable. The 
     Secretary of Homeland Security or the Attorney General may in 
     his discretion waive this subparagraph.''
       (d) Temporary Protected Status.--Section 244 (8 U.S.C. 
     1254a) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (c)(2)(B), by adding at the end:
       ``(iii) the alien participates in, or at any time after 
     admission has participated in, the activities of a criminal 
     gang (as defined in section 101(a)(52)), knowing or having 
     reason to know that such participation will promote, further, 
     aid, or support the illegal activity of the criminal gang.''; 
     and
       (3) in subsection (d)--
       (A) by striking paragraph (3); and
       (B) 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.''.
       (e) 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 more than 5 years''; 
     and

[[Page S6634]]

       (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 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
       (f) 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) knowngly 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 n'ot 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 offenses.--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.--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--
       ``(1) not less than $50 or more than $250 for each such 
     entrv,crossing, attempted entry, or attempted crossing; or
       ``(2) twice the amount speCified in paragraph (1) if the 
     alien had previously been subject to a civil penalty under 
     this subsection.''
       (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.''.

       (c) Effective Date.--Subsection (a)(4) of section 275 of 
     the Immigration and Nationality Act, as created by this Act, 
     shall apply only to violations of subsection (a)(l) of 
     Section 275 committed on or after the date of enactment of 
     this Act.

     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 
     penaity 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 
     anytime found in the United States, shall be fined under 
     title 18, United States Code, imprisoned not more than 10 
     years, or both.
       ``(d) Proof of Prior Convictions.--The prior convictions 
     described in subsection (b) are elements of the crimes 
     described in that subsection, and the penaltis 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;
       ``(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; or
       ``(3) at the time of the prior exclusion, deportation, 
     removal, or denial of admission alleged in the violation, the 
     alien--
       ``(A) was under the age of eighteen, and
       ``(B) had not been convicted of a crime or adjudicated a 
     delinquent minor by a court of the United States, or a court 
     of a state or territory, for conduct that would constitute a 
     felony if committed by an adult.
       ``(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

[[Page S6635]]

     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) Felony.--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.
       ``(2) 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.
       ``(3) 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.
       ``(4) 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. Definitions.
``1553. Authorized law enforcement activities.

     ``Sec. 1541. Trafficking in passports

       ``(a) Multiple Passports.--Any person who, during any 
     period of 3 years or less, 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, 
     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, buys, sells, possesses, or 
     uses any official material (or counterfeit of any official 
     material) used to make a passport, including any distinctive 
     paper, seal, hologram, image, text, symbol, stamp, engraving, 
     or plate, shall be fined under this title, imprisoned not 
     more than 20 years, or both.

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

       ``(a) In General.--Any person who knowingly makes any false 
     statement or representation in an application for a United 
     States passport, or mails, prepares, presents, or signs an 
     application for a United States passport knowing the 
     application to contain any false statement or representation, 
     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Venue.--
       ``(1) An offense under subsection (a) may be prosecuted in 
     any district,
       ``(A) in which the false statement or representation was 
     made or the application for a United States passport was 
     prepared or signed, or
       ``(B) in which or to which the application was mailed or 
     presented.
       ``(2) An offense under subsection (a) involving an 
     application prepared and adjudicated outside the United 
     States may be prosecuted in the district in which the 
     resultant passport was or would have been produced.
       ``(c) Savings Clause.--Nothing in this section may be 
     construed to limit the venue otherwise available under 
     sections 3237 and 3238 of this title.

     ``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, knowing or in reckless 
     disregard of the fact that such person is not entitled to 
     receive a passport; or
       ``(3) transfers or furnishes a passport to any person for 
     use by any person other than 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

       ``Any person who knowingly--
       ``(1) uses any passport issued or designed for the use of 
     another;
       ``(2) 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) 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) 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.

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

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Misrepresentation.--Any person who knowingly and 
     falsely represents that such person is an attorney or 
     accredited representative (as that term is defined in section 
     1292.1 of title 8, Code of Federal Regulations (or any 
     successor regulation to such section)) in any matter arising 
     under Federal immigration laws shall be fined under this 
     title, imprisoned not more than 15 years, or both.

     ``Sec. 1546. Immigration and visa fraud

       ``(a) In General.--Any person who knowingly--
       ``(1) uses any immigration document issued or designed for 
     the use of another;
       ``(2) forges, counterfeits, alters, or falsely makes any 
     immigration document;
       ``(3) completes, mails, prepares, presents, signs, or 
     submits any immigration document knowing it to contain any 
     materially false statement or representation;
       ``(4) secures, possesses, uses, transfers, receives, buys, 
     sells, or distributes any immigration document knowing it to 
     be forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority;
       ``(5) adopts or uses a false or fictitious name to evade or 
     to attempt to evade the immigration laws; or
       ``(6) transfers or furnishes, without lawful authority, an 
     immigration document to another person for use by a person 
     other than 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) Any person who, during any period of 3 years or less, 
     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 buys, sells, 
     or possesses any official material (or counterfeit of any 
     official material) used to make an immigration document, 
     including any distinctive paper, seal, hologram, image, text, 
     symbol, stamp, engraving, or plate, shall be fined under this 
     title, imprisoned not more than 20 years, or both.
       ``(d) Employment Documents.--Whoever uses--

[[Page S6636]]

       ``(1) an identification document, knowing (or having reason 
     to know) that the document was not issued lawfully for the 
     use of the possessor;
       ``(2) an identification document knowing (or having reason 
     to know) that the document is false; or
       ``(3) a false attestation,
     for the purpose of satisfying a requirement of section 
     274A(b) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(b)), shall be fined under this title, imprisoned not 
     more than 5 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 the 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

       ``Notwithstanding any other provision of this title, the 
     maximum term of imprisonment that may be imposed for an 
     offense under this chapter--
       ``(1) if committed to facilitate a drug trafficking crime 
     (as defined in 929(a)) is 20 years; and
       ``(2) if committed to facilitate an act of international 
     terrorism (as defined in section 2331) is 25 years.

     ``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 passport or 
     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 or an 
     alien lawfully admitted for permanent residence in the United 
     States (as those terms are defined in section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a))); or
       ``(6) the offender is a stateless person whose habitual 
     residence is in the United States.

     ``Sec. 1552. 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 `application for a United States passport' 
     includes any document, photograph, or other piece of evidence 
     attached to or submitted in support of the application.
       ``(3) The term `false statement or representation' includes 
     a personation or an omission.
       ``(4) The term `immigration document'--
       ``(A) means any application, petition, affidavit, 
     declaration, attestation, form, visa, identification card, 
     alien registration document, employment authorization 
     document, border crossing card, certificate, permit, order, 
     license, stamp, authorization, grant of authority, or other 
     official 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 (A) and (B).
       ``(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) a travel document attesting to the identity and 
     nationality of the bearer that is issued under the authority 
     of the Secretary of State, a foreign government, or an 
     international organization; or
       ``(B) any instrument purporting to be a document described 
     in subparagraph (A).
       ``(9) The term `to present' means to offer or submit for 
     official processing, examination, or adjudication. Any such 
     presentation continues until the official processing, 
     examination, or adjudication is complete.
       ``(10) 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.
       ``(11) The term `produce' means to make, prepare, assemble, 
     issue, print, authenticate, or alter.
       ``(12) The term `State' means a State of the United States, 
     the District of Columbia, or any commonwealth, territory, or 
     possession of the United States.
       ``(13) The `use' of a passport or an immigration document 
     referred to in section 1541(a), section 1543(b), section 
     1544, section 1546(a), and section 1546(b) of this chapter 
     includes any officially authorized use; use to travel; use to 
     demonstrate identity, residence, nationality, citizenship, or 
     immigration status; use to seek or maintain employment; or 
     use in any matter within the jurisdiction of the Federal 
     government or of a State government.

     ``Sec. 1553. Authorized law enforcement activities

       ``Nothing in this chapter shall prohibit any lawfully 
     authorized investigative, protective, or intelligence 
     activity of a law enforcement agency of the United States, a 
     State, or a political subdivision of a State, or an 
     intelligence agency of the United States, or any activity 
     authorized under title V of the Organized Crime Control Act 
     of 1970 (84 Stat. 933).''.
       (b) Protection for Legitimate Refugees and Asylum 
     Seekers.--
       (1) Prosecution guidelines.--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 obligations of 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) No private right of action.--The guidelines required by 
     subparagraph (1), and any internal office procedures adopted 
     pursuant thereto, are intended solely for the guidance of 
     attorneys for the United States. This section, the guidelines 
     required by subsection (a), and the process for determining 
     such guidelines are not intended to, do not, and may not be 
     relied upon to create any right or benefit, substantive or 
     procedural, enforceable at law by any party in any 
     administrative, civil, or criminal matter.

     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;

[[Page S6637]]

       (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) section 1541, 1545, subsection (b) of section 1546, 
     or subsection (b) of section 1547 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) a violation of (or a conspiracy or attempt to 
     violate) section 1541, 1545, 1546, or subsection (b) of 
     section 1547 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) 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.
       (c) 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).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary in each of 
     the fiscal years 2008 through 2012 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.
       ``(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.--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--
       ``(A) ineligible for the benefits of the agreement;
       ``(B) subject to the penalties described in subsection (d); 
     and
       ``(C) subject to an alternate order of removal if voluntary 
     departure was granted under subsection (a)(2) or (b)'';
       (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

[[Page S6638]]

     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 (8 U.S.C. 
     1324d) 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 reconsider 
     under section 240(c)(6) or a timely motion to reopen under 
     section 240(c)(7) is granted, 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)--in subparagraph (B), by striking 
     ``(y)(2)'' and all that follows and inserting ``(y), is in 
     the United States not as an alien lawfully admitted for 
     permanent residence'';
       (2) in subsection (g)(5)--in subparagraph (B), by striking 
     ``(y)(2)'' and all that follows and inserting ``(y), is in 
     the United States not as an alien lawfully admitted for 
     permanent residence''; and
       (3) in subsection (y)--
       (A) in the header, by striking ``Admitted Under 
     Nonimmigrant Visas'' and inserting ``not Lawfully Admitted 
     for Permanent Residence'';
       (B) in paragraph (1), by amending subparagraph (B) to read 
     as follows:
       ``(B) the term `lawfully admitted for permanent residence' 
     has the same meaning as in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).'';
       (C) in paragraph (2), by striking ``under a nonimmigrant 
     visa'' and inserting ``but not lawfully admitted for 
     permanent residence''; and
       (D) in paragraph (3)(A), by striking ``admitted to the 
     United States under a nonimmigrant visa'' and inserting 
     ``lawfully admitted to the United States but not as an alien 
     lawfully admitted for permanent residence''.

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

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

     ``SEC. 3291. IMMIGRATION, PASSPORT, AND NATURALIZATION 
                   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 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, passport, and naturalization offenses.''.

     SEC. 215. DIPLOMATIC SECURITY SERVICE.

       (a) 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 defined in paragraph 
     (9) of section 7 of title 18, United States Code, except as 
     that jurisdiction relates to the premises of United States 
     military missions and related residences;''.
       (b) Construction.--Nothing in this section shall be 
     construed to limit the investigative authority of any other 
     Federal department or agency.

     SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS 
                   CONDUCTED FOR IMMIGRATION BENEFITS.

       (a) Information Sharing; Interagency Task Force.--Section 
     105 (8 U.S.C. 1105) is amended by adding at the end the 
     following:
       ``(e) Interagency Task Force.--
       ``(1) In general.--The Secretary of Homeland Security and 
     the Attorney General shall establish an interagency task 
     force to resolve cases in which an application or petition 
     for an immigration benefit conferred under this Act has been 
     delayed due to an outstanding background check investigation 
     for more than 2 years after the date on which such 
     application or petition was initially filed.
       ``(2) Membership.--The interagency task force established 
     under paragraph (1) shall include representatives from 
     Federal agencies with immigration, law enforcement, or 
     national security responsibilities under this Act.''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Director of the Federal Bureau of 
     Investigation such sums as are necessary for each fiscal 
     year, 2008 through 2012 for enhancements to existing systems 
     for conducting background and security checks necessary to 
     support immigration security and orderly processing of 
     applications.
       (c) 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 Investigation 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 
     Investigation on behalf of United States Citizenship and 
     Immigration 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 that the Director of the Federal Bureau of 
     Investigation is taking to expedite background and security 
     checks that have been pending for more than 180 days.

     SEC. 217. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       (a) Reimbursement for Costs Associated With Processing 
     Criminal Illegal Aliens.--The Secretary may 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 2008 through 2013 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 2008;
       ``(B) $750,000,000 for fiscal year 2009;
       ``(C) $850,000,000 for fiscal year 2010; and
       ``(D) $950,000,000 for each of the fiscal years 2011 
     through 2013.''.
       (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''.

[[Page S6639]]

     SEC. 218. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS-
                   APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICERS.

       (a) In General.--The Secretary may 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 2008 through 2012 to carry out this section.

     SEC. 219. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON 
                   TRIBAL LANDS.

       (a) Grants Authorized.--The Secretary may award grants to 
     Indian tribes with lands adjacent to an international border 
     of the United States that have been adversely affected by 
     illegal immigration.
       (b) Use of Funds.--Grants awarded under subsection (a) may 
     be used for--
       (1) law enforcement activities;
       (2) health care services;
       (3) environmental restoration; and
       (4) the preservation of cultural resources.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that--
       (1) describes the level of access of Border Patrol agents 
     on tribal lands;
       (2) describes the extent to which enforcement of 
     immigration laws may be improved by enhanced access to tribal 
     lands;
       (3) contains a strategy for improving such access through 
     cooperation with tribal authorities; and
       (4) identifies grants provided by the Department for Indian 
     tribes, either directly or through State or local grants, 
     relating to border security expenses.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     the fiscal years 2008 trough 2012 to carry out this section.

     SEC. 220. 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. 221. 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. 222. 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), by amending clause (viii) to read 
     as follows:
       ``(viii) 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
       (2) in subparagraph (B)(i), by amending subclause (II) to 
     read as follows:
       ``(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)(l5)(K) (8 U.S.C. 
     1101(a)(l5)(K)), is amended by inserting ``(other than a 
     citizen described in section 204(a)(1)(A)(viii))'' after 
     ``citizen of the United States'' each place that phrase 
     appears.

     SEC. 223 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) 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.
       ``(b) Reimbursement.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     reimburse a State, or a political subdivision of a State, for 
     expenses, as verified by the Secretary, 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.
       ``(c) 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.
       ``(d) Requirement for Schedule.--In carrying out this 
     section, the Secretary of Homeland Security shall establish a 
     regular circuit and schedule for the prompt transportation of 
     apprehended aliens from the custody of those States, and 
     political subdivisions of States, which routinely submit 
     requests described in subsection (c), into Federal custody.
       ``(e) Authority for Contracts.--
       ``(1) In general.--The Secretary of Homeland Security may 
     enter into contracts or cooperative agreements with 
     appropriate State and local law enforcement and detention 
     agencies to implement this section.
       ``(2) Determination by secretary.--Prior to entering into a 
     contract or cooperative agreement with a State or political 
     subdivision of a State under paragraph (1), the Secretary 
     shall determine whether the State, or if appropriate, the 
     political subdivision in which the agencies are located, has 
     in place any formal or informal policy that violates section 
     642 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary 
     shall not allocate any of the funds made available under this 
     section to any State or political subdivision that has in 
     place a policy that violates such section.''.
       (b) Authorization of Appropriations for the Detention and 
     Transportation to Federal Custody of Aliens Not Lawfully 
     Present.--There are authorized to be appropriated 
     $850,000,000 for fiscal year 2008 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. 224. LAUNDERING OF MONETARY INSTRUMENTS.

       Section 1956(c)(7)(D) of title 18, United States Code, is 
     amended--

[[Page S6640]]

       (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. 225. 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. 226. 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 the number of 
     seats that each metropolitan area is allocated under this 
     System for such aliens and modifies such allocation if 
     necessary.

     SEC. 227. DIRECTIVE TO THE UNITED STATES SENTENCING 
                   COMMISSION.

       (a) In General.--Pursuant to the authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall promulgate or amend the 
     sentencing guidelines, policy statements, and official 
     commentaries related to passport fraud offenses, including 
     the offenses described in chapter 75 of title 18, United 
     States Code, as amended by section 208 of this Act, to 
     reflect the serious nature of such offenses.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the United States Sentencing 
     Commission 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 implementation of this 
     section.

     SEC. 228. 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'';
       (B) by inserting ``or otherwise violated any of the terms 
     of the nonimmigrant classification in which the alien was 
     admitted,'' before ``such visa''; and
       (C) 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''.

                    TITLE III--WORKSITE ENFORCEMENT

Sec.  301.  Purposes.
Sec.  302.  Unlawful Employment of Aliens.
Sec.  303.  Effective Date.
Sec.  304.  Disclosure of Certain Taxpayer Information to Assist in 
              Immigration Enforcement.
Sec.  305.  Increasing Security and Integrity of Social Security Cards.
Sec.  306.  Increasing Security and Integrity of Identity Documents.
Sec.  307.  Voluntary Advanced Verification Program to Combat Identity 
              Theft.
Sec.  308.  Responsibilities of the Social Security Administration.
Sec.  309.  Immigration Enforcement Support by the Internal Revenue 
              Service and the Social Scurity Administration.
Sec.  310.  Authorization of appropriations.
                    TITLE III--WORKSITE ENFORCEMENT

     SEC. 301. PURPOSES.

       (a) To continue to prohibit the hiring, recruitment, or 
     referral of unauthorized aliens.
       (b) To require that each employer take reasonable steps to 
     verify the identity and work authorization status of all its 
     employees, without regard to national origin and citizenship 
     status.
       (c) To authorize the Secretary of Homeland Security to 
     access records of other Federal agencies for the purposes of 
     confirming identity, authenticating lawful presence and 
     preventing identity theft and fraud related to unlawful 
     employment.
       (d) To ensure that the Commissioner of Social Security has 
     the necessary authority to provide information to the 
     Secretary of Homeland Security that would assist in the 
     enforcement of the immigration laws.
       (e) To authorize the Secretary of Homeland Security to 
     confirm issuance of state identity documents, including 
     driver's licenses, and to obtain and transmit individual 
     photographic images held by states for identity 
     authentication purposes.
       (f) To collect information on employee hires.
       (g) To electronically secure a social security number in 
     the Employment Eligibility Verification System (EEVS) at the 
     request of an individual who has been confirmed to be the 
     holder of that number, and to prevent fraudulent use of the 
     number by others.
       (h) To provide for record retention of EEVS inquiries, to 
     prevent identity fraud and employment authorization fraud.
       (i) To employ fast track regulatory and procurement 
     procedures to expedite implementation of this Title and 
     pertinent sections of the INA for a period of two years from 
     enactment.
       (j) To establish the following:
       (i) a document verification process requiring employers to 
     inspect, copy, and retain identity and work authorization 
     documents;
       (ii) an EEVS requiring employers to obtain confirmation of 
     an individual's identity and work authorization;
       (iii) procedures for employers to register for the EEVS and 
     to confirm work eligibility through the EEVS;
       (iv) a streamlined enforcement procedure to ensure 
     efficient adjudication of violations of this Title;
       (v) a system for the imposition of civil penalties and 
     their enforcement, remission or mitigation;
       (vi) an enhancement of criminal and civil penalties;
       (vii) increased coordination of information and enforcement 
     between the Internal Revenue Service and the Department of 
     Homeland Security regarding employers who have violations 
     related to the employment of unauthorized aliens;
       (viii) increased penalties under the Internal Revenue Code 
     for employers who have violations relating to the employment 
     of unauthorized aliens.

     SEC. 302. UNLAWFUL EMPLOYMENT OF ALIENS.

       (a) Section 274A of the Immigration and Nationality Act (8 
     U.S.C. 1324a) is amended to read as follows:
       ``(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 (as defined 
     in subsection (b)(1)) 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 without 
     complying with the requirements of subsections (c) and (d).
       ``(2) Continuing employment.--It is unlawful for an 
     employer, after hiring an alien for employment, to continue 
     to employ the alien in the United States knowing or with 
     reckless disregard that the alien is (or has become) an 
     unauthorized alien with respect to such employment.
       ``(3) Use of labor through contract.--For purposes of this 
     section, an employer who uses a contract, subcontract, or 
     exchange to obtain the labor of an alien in the United States 
     knowing that the alien is an unauthorized alien (as defined 
     in subsection (b)(1)) with respect to performing such labor, 
     shall be considered to have hired the alien for employment in 
     the United States in violation of paragraph (1)(A)).
       ``(A) By regulation, the Secretary may require, for 
     purposes of ensuring compliance with the immigration laws, 
     that an employer include in a written contract, subcontract, 
     or exchange an effective and enforceable requirement that the 
     contractor or subcontractor adhere to the immigration laws of 
     the United States, including use of EEVS.
       ``(B) The Secretary may establish procedures by which an 
     employer may obtain confirmation from the Secretary that the 
     contractor or subcontractor has registered with the EEVS and 
     is utilizing the EEVS to verify its employees.
       ``(C) The Secretary may establish such other requirements 
     for employers using contractors or subcontractors as the 
     Secretary deems necessary to prevent knowing violations of 
     this paragraph.
       ``(4) Application to federal government.--For purposes of 
     this section, the term ``employer'' includes entities in any 
     branch of the Federal Government.
       ``(5) Defense.--An employer that establishes that it has 
     complied in good faith with the requirements of subsections 
     (c)(1) through (c)(4), pertaining to document verification 
     requirements, and subsection (d) has established an 
     affirmative defense that the employer has not violated 
     paragraph (1)(A) with respect to such hiring, recruiting, or 
     referral, however:
       ``(A) until such time as the Secretary has required an 
     employer to participate in the EEVS or such participation is 
     permitted on a voluntary basis pursuant to subsection (d), a 
     defense is established without a showing of compliance with 
     subsection (d); and
       ``(B) to establish a defense, the employer must also be in 
     compliance with any additional requirements that the 
     Secretary may promulgate by regulation pursuant to 
     subsections (c), (d), and (k).

[[Page S6641]]

       ``(6) An employer is presumed to have acted with knowledge 
     or reckless disregard if the employer fails to comply with 
     written standards, procedures or instructions issued by the 
     Secretary. Such standards, procedures or instructions shall 
     be objective and verifiable.
       ``(b) Definitions.--
       ``(1) Definition of unauthorized alien.--As used in this 
     section, 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.
       ``(2) Definition of employer.--For purposes of this 
     section, the term ``employer'' means any person or entity 
     hiring, recruiting, or referring an individual for employment 
     in the United States.
       ``(c) Document Verification Requirements.--
       ``Any employer hiring, recruiting, or referring an 
     individual for employment in the United States shall take all 
     reasonable steps to verify that the individual is authorized 
     to work in the United States, including the requirements of 
     subsection (d) and the following paragraphs:
       ``(1) Attestation after examination of documentation.
       ``(A) In general.--The employer must attest, under penalty 
     of perjury and on a form prescribed by the Secretary, that it 
     has verified the identity and work authorization status of 
     the individual by examining:--
       ``(i) a document described in subparagraph (B); or
       ``(ii) a document described in subparagraph (C) and a 
     document described in subparagraph (D).
     Such attestation may be manifested by a handwritten or 
     electronic signature. An employer has complied with the 
     requirement of this paragraph with respect to examination of 
     documentation if the employer has followed applicable 
     regulations and any written procedures or instructions 
     provided by the Secretary and if a reasonable person would 
     conclude that the documentation is genuine and establishes 
     the employee's identity and authorization to work, taking 
     into account any information provided to the employer by the 
     Secretary, including photographs.
       ``(B) Documents establishing both employment authorization 
     and identity.--A document described in this subparagraph is 
     an individual's--
       ``(i) United States passport, or passport card issued 
     pursuant to the Secretary of State's authority under 22 
     U.S.C. 211a;
       ``(ii) permanent resident card or other document issued by 
     the Secretary or Secretary of State to aliens authorized to 
     work in the United States, if the document--
       ``(I) contains a photograph of the individual, biometric 
     data, such as fingerprints, or such other personal 
     identifying information relating to the individual as the 
     Secretary finds, by regulation, sufficient for the purposes 
     of this subsection;
       ``(II) is evidence of authorization for employment in the 
     United States; and
       ``(III) contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use; or
       ``(iii) temporary interim benefits card valid under section 
     218C(c) of the Immigration and Nationality Act, as amended by 
     Section 602 of the Comprehensive Immigration Reform Act of 
     2007, bearing a photograph and an expiration date, and issued 
     by the Secretary to aliens applying for temporary worker 
     status under the Z-visa.
       ``(C) Document establishing identity of individual.--A 
     document described in this subparagraph includes--
       ``(i) an individual's drivers license or identity card 
     issued by a State, the Commonwealth of the Northern Mariana 
     Islands, or an outlying possession of the United States, 
     provided that the issuing state or entity has certified to 
     the Secretary of Homeland Security that it is in compliance 
     with the minimum standards required under section 202 of the 
     REAL ID Act of 2005 (division B of Public Law 109-13) (49 
     U.S.C. 30301 note) and implementing regulations issued by the 
     Secretary of Homeland Security once those requirements become 
     effective;
       ``(ii) an individual's 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 which 
     is not compliant with section 202 of the REAL ID Act of 2005 
     if--
       ``(I) the driver's license or identity card contains the 
     individual's photograph as well as the individual's name, 
     date of birth, gender, height, eye color and address,
       ``(II) the card has been approved for this purpose in 
     accordance with timetables and procedures established by the 
     Secretary pursuant to subsection (c)(l)(F) of this section, 
     and
       ``(III) the card is presented by the individual and 
     examined by the employer in combination with a U.S. birth 
     certificate, or a Certificate of Naturalization, or a 
     Certificate of Citizenship, or such other documents as may be 
     prescribed by the Secretary,
       ``(iii) for individuals under 16 years of age who are 
     unable to present a document listed in clause (i) or (ii), 
     documentation of personal identity of such other type as the 
     Secretary finds provides a reliable means of identification, 
     provided it contains security features to make it resistant 
     to tampering, counterfeiting, and fraudulent use; or
       ``(iv) other documentation evidencing identity as 
     identified by the Secretary in his discretion, with notice to 
     the public provided in the Federal Register, to be acceptable 
     for purposes of this section, provided that the document, 
     including any electronic security measures linked to the 
     document, contains security features that make the document 
     as resistant to tampering, counterfeiting, and fraudulent use 
     as the documents listed in (B)(i), B(ii), or (C)(i).
       ``(D) Documents evidencing employment authorization.--The 
     following documents may be accepted as evidence of employment 
     authorization--
       ``(i) a social security account number card issued by the 
     Commissioner of Social Security (other than a card which 
     specifies on its face that the card is not valid for 
     employment in the United States). The Secretary, in 
     consultation with the Commissioner of Social Security, may 
     require by publication of a notice in the Federal Register 
     that only a social security account number card described in 
     Section 305 of this Title be accepted for this purpose; or
       ``(ii) any other documentation evidencing authorization of 
     employment in the United States which the Secretary declares, 
     by publication in the Federal Register, to be acceptable for 
     purposes of this section, provided that the document, 
     including any electronic security measures linked to the 
     document contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use.
       ``(E) Authority to prohibit use of certain documents.--If 
     the Secretary finds that any document or class of documents 
     described in subparagraph (B), (C), or (D) as establishing 
     employment authorization or identity does not reliably 
     establish such authorization or identity or is being used 
     fraudulently to an unacceptable degree, the Secretary shall, 
     with notice to the public provided in the Federal Register, 
     prohibit or restrict the use of that document or class of 
     documents for purposes of this subsection.
       ``(F) After June 1, 2013, no driver's license or state 
     identity card may be accepted if it does not comply with the 
     REAL ID Act of 2005. This paragraph (c)(l)(F) shall have no 
     effect on paragraphs (c)(l)(B), (c)(l)(C)(iii), 
     (c)(l)(C)(iv), or (c)(l)(D).
       ``(2) Individual attestation of employment authorization.--
     The individual must attest, under penalty of perjury on the 
     form prescribed by the Secretary, that the individual is a 
     citizen or national of the United States, an alien lawfully 
     admitted for permanent residence, or an alien who is 
     authorized under this Act or by the Secretary to be hired, 
     recruited, or referred for such employment. Such attestation 
     may be manifested by either a hand-written or electronic 
     signature.
       ``(3) Retention of verification form.--After completion of 
     such form in accordance with paragraphs (1) and (2), the 
     employer must retain a paper, microfiche, microfilm, or 
     electronic version of the form and make it available for 
     inspection by officers of the Department of Homeland Security 
     (or persons designated by the Secretary), the Special Counsel 
     for Immigration-Related Unfair Employment Practices, or the 
     Department of Labor during a period beginning on the date of 
     the hiring, recruiting, or referral of the individual and 
     ending--
       ``(A) in the case of the recruiting or referral for a fee 
     (without hiring) of an individual, seven years after the date 
     of the recruiting or referral; and
       ``(B) in the case of the hiring of an individual--
       ``(i) seven years after the date of such hiring; or
       ``(ii) two years after the date the individual's employment 
     is terminated, whichever is earlier.
       ``(4) Copying of documentation and recordkeeping required.
       ``(A) Notwithstanding any other provision of law, the 
     employer shall copy all documents presented by an individual 
     pursuant to this subsection and shall retain a paper, 
     microfiche microfilm, or electronic copy as prescribed in 
     paragraph (3), but only (except as otherwise permitted under 
     law) for the purposes of complying with the requirements of 
     this subsection. Such copies shall reflect the signatures of 
     the employer and the employee, as well as the date of 
     receipt.
       ``(B) The employer shall also maintain records of Social 
     Security Administration correspondence regarding name and 
     number mismatches or no-matches and the steps taken to 
     resolve such issues.
       ``(C) The employer shall maintain records of all actions 
     and copies of any correspondence or action taken by the 
     employer to clarify or resolve any issue that raises 
     reasonable doubt as to the validity of the alien's identity 
     or work authorization.
       ``(D) The employer shall maintain such records as 
     prescribed in this subsection. The Secretary may prescribe 
     the manner of recordkeeping and may require that additional 
     records be kept or that additional documents be copied and 
     maintained. The Secretary may require that these documents be 
     transmitted electronically, and may develop automated 
     capabilities to request such documents.
       ``(5) Penalties.--An employer that fails to comply with any 
     requirement of this subsection shall be penalized under 
     subsection (e)(4)(B).
       ``(6) No Authorization of National Identification Cards.--
     Nothing in this section shall be construed to authorize, 
     directly or indirectly, the issuance or use of national 
     identification cards or the establishment of national 
     identification card.

[[Page S6642]]

       ``(7) The employer shall use the procedures for document 
     verification set forth in this paragraph for all employees 
     without regard to national origin or citizenship status.
       ``(d) Employment Eligibility Verification System.--"(1) In 
     general.--The Secretary, in cooperation and consultation with 
     the Secretary of State, the Commissioner of Social Security, 
     and the states, shall implement and specify the procedures 
     for EEVS. The participating employers shall timely register 
     with EEVS and shall use EEVS as described in subsection 
     (d)(5).
       ``(2) Implementation schedule.--
       ``(A) As of the date of enactment of this section, the 
     Secretary in his discretion, with notice to the public 
     provided in the Federal Register, is authorized to require 
     any employer or industry which the Secretary determines to be 
     part of the critical infrastructure, a federal contractor, or 
     directly related to the national security or homeland 
     security of the United States to participate in the EEVS. 
     This requirement may be applied to both newly hired and 
     current employees. The Secretary shall notify employers 
     subject to this subparagraph 30 days prior to EEVS.
       ``(B) No later than 6 months after the date of enactment of 
     this section, the Secretary shall require additional 
     employers or industries to participate in the EEVS. This 
     requirement shall be applied to new employees hired, and 
     current employees subject to reverification because of 
     expiring work authorization documentation or expiration of 
     immigration status, on or after the date on which the 
     requirement takes effect. The Secretary, by notice in the 
     Federal Register, shall designate these employers or 
     industries, in his discretion, based upon risks to critical 
     infrastructure, national security, immigration enforcement, 
     or homeland security needs.
       ``(C) No later than 18 months after the date of enactment 
     of this section, the Secretary shall require all employers to 
     participate in the EEVS with respect to newly hired employees 
     and current employees subject to reverification because of 
     expiring work authorization documentation or expiration of 
     immigration status.
       ``(D) No later than three years after the date of enactment 
     of this section, all employers shall participate in the EEVS 
     with respect to new employees, all employees whose identity 
     and employment authorization have not been previously 
     verified through EEVS, and all employees in Z status who have 
     not previously presented a secure document evidencing their Z 
     status. The Secretary may specify earlier dates for 
     participation in the EEVS in his discretion for some or all 
     classes of employer or employee.
       ``(E) The Secretary shall create the necessary systems and 
     processes to monitor the functioning of the EEVS, including 
     the volume of the workflow, the speed of processing of 
     queries, and the speed and accuracy of responses. These 
     systems and processes shall be audited by the Government 
     Accountability Office months after the date of enactment of 
     this section and 24 months after the date of enactment of 
     this section. The Government Accountability Office shall 
     report the results of the audits to Congress.
       ``(3) Participation in eevs.--The Secretary has the 
     following discretionary authority to require or to permit 
     participation in the EEVS--
       ``(A) To permit any employer that is not required to 
     participate in the EEVS to do so on a voluntary basis;
       ``(B) To require any employer that is required to 
     participate in the EEVS with respect to its newly hired 
     employees also to do so with respect to its current workforce 
     if the Secretary has reasonable cause to believe that the 
     employer has engaged in any violation of the immigration 
     laws.
       ``(4) Consequence of failure to participate.--If an 
     employer is required under this subsection to participate in 
     the EEVS and fails to comply with the requirements of such 
     program with respect to an individual--
       ``(A) such failure shall be treated as a violation of 
     subsection (a)(1)(B) of this section with respect to that 
     individual, and
       ``(B) a rebuttable presumption is created that the employer 
     has violated subsection (a)(l)(A) or (a)(2) of this section.
     Subparagraph (B) shall not apply in any prosecution under 
     subsection 274A(f)(1).
       ``(5) Procedures for participants in the eevs.--
       ``(A) In general.--An employer participating in the EEVS 
     must register in the EEVS and conform to the following 
     procedures in the event of hiring, recruiting, or referring 
     any individual for employment in the United States:
       ``(i) Registration of Employers.--The Secretary, through 
     notice in the Federal Register, shall prescribe procedures 
     that employers must follow to register in the EEVS. In 
     prescribing these procedures the Secretary shall have 
     authority to require employers to provide:
       ``(I) employer's name;
       ``(II) employer's Employment Identification Number (EIN);
       ``(III) company address;
       ``(IV) name, position and social security number of the 
     employer's employees accessing the EEVS; and
       ``(V) such other information as the Secretary deems 
     necessary to ensure proper use and security of the EEVS.
     The Secretary shall require employers to undergo such 
     training as the Secretary deems necessary to ensure proper 
     use and security of the EEVS. To the extent practicable, such 
     training shall be made available electronically.
       ``(ii) Provision of additional information.--The employer 
     shall obtain from the individual (and the individual shall 
     provide) and shall record in such manner as the Secretary may 
     specify:--
       ``(I) an individual's social security account number,
       ``(II) if the individual does not attest to United States 
     nationality under subsection (c)(2) of this section, such 
     identification or authorization number established by the 
     Department of Homeland Security as the Secretary of Homeland 
     Security shall specify, and
       ``(III) such other information as the Secretary may require 
     to determine the identity and work authorization of an 
     employee.
       ``(iii) Presentation of documentation.--The employer, and 
     the individual whose identity and employment eligibility are 
     being confirmed, shall fulfill the requirements of subsection 
     (c) of this section.
       ``(iv) Presentation of biometrics.--Employers who are 
     enrolled in the Voluntary Advanced Verification Program to 
     Combat Identity Theft under section 307 of this title shall, 
     in addition to documentary evidence of identity and work 
     eligibility, electronically provide the fingerprints of the 
     individual to the Department of Homeland Security.
       ``(B) Seeking confirmation.--
       ``(i) The employer shall use the EEVS to provide to the 
     Secretary all required information in order to obtain 
     confirmation of the identity and employment eligibility of 
     any individual no earlier than the date of hire and no later 
     than on the first day of employment (or recruitment or 
     referral, as the case may be). An employer may not, however, 
     make the starting date of an individual's employment 
     contingent on the receipt of confirmation of the identity and 
     employment eligibility.
       ``(ii) For reverification of an employee with a limited 
     period of work authorization (including Z card holder), all 
     required verification procedures must be complete on the date 
     the employee's work authorization expires.
       ``(iii) For initial verification of an employee hired 
     before the employer is subject to the employment eligibility 
     verification system, all required procedures must be complete 
     on such date as the Secretary shall specify in accordance 
     with subparagraph (d)(2)(D).
       ``(iv) The Secretary shall provide, and the employer shall 
     utilize, as part of EEVS, a method of communicating notices 
     and requests for information or action on the part of the 
     employer with respect to expiring work authorization or 
     status and other matters. Additionally, the Secretary shall 
     provide a method of notifying employers of a confirmation, 
     nonconfirmation or a notice that further action is required 
     (``further action notice''). The employer shall communicate 
     to the individual that is the subject of the verification all 
     information provided to the employer by the EEVS for 
     communication to the individual.
       ``(C) Confirmation or nonconfirmation.--
       ``(i) Initial response.--The verification system shall 
     provide a confirmation, nonconfirmation, or a further action 
     notice of an individual's identity and employment eligibility 
     at the time of the inquiry, unless for technological reasons 
     or due to unforeseen circumstances, the EEVS is unable to 
     provide such confirmation or further action notice. In such 
     situations, the system shall provide confirmation or further 
     action notice within 3 business days of the initial inquiry. 
     If providing confirmation or further action notice, the EEVS 
     shall provide an appropriate code indicating such 
     confirmation or such further action notice.
       ``(ii) Confirmation upon initial inquiry.--When the 
     employer receives an appropriate confirmation of an 
     individual's identity and work eligibility under the EEVS, 
     the employer shall record the confirmation in such manner as 
     the Secretary may specify.
       ``(iii) Further action notice upon initial inquiry and 
     secondary verification.--
       ``(I) Further action notice.--If the employer receives a 
     further action notice of an individual's identity or work 
     eligibility under the EEVS, the employer shall inform the 
     individual without delay for whom the confirmation is sought 
     of the further action notice and any procedures specified by 
     the Secretary for addressing the further action notice. The 
     employee must acknowledge in writing the receipt of the 
     further action notice from the employer.
       ``(II) Contest.--Within ten business days from the date of 
     notification to the employee, the employee must contact the 
     appropriate agency to contest the further action notice and, 
     if the Secretary so requires, appear in person at the 
     appropriate Federal or state agency for purposes of verifying 
     the individual's identity and employment authorization. The 
     Secretary, in consultation with the Commissioner of Social 
     Security and other appropriate Federal and State agencies, 
     shall specify an available secondary verification procedure 
     to confirm the validity of information provided and to 
     provide a final confirmation or nonconfirmation. An 
     individual contesting a further action notice must attest 
     under penalty of perjury to his identity and employment 
     authorization.
       ``(III) No contest.--If the individual does not contest the 
     further action notice within the period specified in 
     subparagraph (5)(C)(iii)(II), a final nonconfirmation shall 
     issue. The employer shall then record the nonconfirmation in 
     such manner as the Secretary may specify.

[[Page S6643]]

       ``(IV) Finality.--The EEVS shall provide a final 
     confirmation or nonconfirmation within 10 business days from 
     the date of the employee's contesting of the further action 
     notice. As long as the employee is taking the steps required 
     by the Secretary and the agency that the employee has 
     contacted to resolve a further action notice, the Secretary 
     shall extend the period of investigation until the secondary 
     verification procedure allows the Secretary to provide final 
     confirmation or nonconfirmation. If the employee fails to 
     take the steps required by the Secretary and the appropriate 
     agency, a final nonconfirmation may be issued to that 
     employee.
       ``(V) Re-examination.--Nothing in this section shall 
     prevent the Secretary from reexamining a case where a final 
     confirmation has been provided if subsequently received 
     information indicates that the individual may not be work 
     authorized.

     In no case shall an employer terminate employment of an 
     individual solely because of a failure of the individual to 
     have identity and work eligibility confirmed under this 
     section until a nonconfirmation becomes final and the period 
     to timely file an administrative appeal has passed, and in 
     the case where an administrative appeal has been denied, the 
     period to timely file a petition for judicial review has 
     passed. When final confirmation or nonconfirmation is 
     provided, the confirmation system shall provide an 
     appropriate code indicating such confirmation or 
     nonconfirmation. An individual's failure to contest a further 
     action notice shall not be considered an admission of guilt 
     with respect to any violation of this section or any 
     provision of law.
       ``(D) Consequences of nonconfirmation.--
       ``(i) Termination of continued employment.--If the employer 
     has received a final nonconfirmation regarding an individual, 
     the employer shall terminate employment (or recruitment or 
     referral) of the individual, unless the individual files an 
     administrative appeal of a final nonconfirmation notice under 
     paragraph (7) within the time period prescribed in that 
     paragraph and the Secretary or the Commissioner stays the 
     final nonconfirmation notice pending the resolution of the 
     administrative appeal.
       ``(ii) Continued employment after final nonconfirmation.--
     If the employer continues to employ (or to recruit or refer) 
     an individual after receiving final nonconfirmation (unless 
     the individual filed an administrative appeal of a final 
     nonconfirmation notice under paragraph (7) within the time 
     period prescribed in that paragraph and the Secretary of the 
     Commissioner stayed the final nonconfirmation notice pending 
     the resolution of the administrative appeal), a rebuttable 
     presumption is created that the employer has violated 
     subsections (a)(l)(A) and (a)(2) of this section. The 
     previous sentence shall not apply in any prosecution under 
     subsection (f)(1) of this section.
       ``(E) Obligation to respond to queries and additional 
     information.--
       ``(i) Employers are required to comply with requests from 
     the Secretary through EEVS for information, including queries 
     concerning current and former employees that relate to the 
     functioning of the EEVS, the accuracy of the responses 
     provided by the EEVS, and any suspected fraud or identity 
     theft in the use of the EEVS. Failure to comply with such a 
     request is a violation of section (a)(1)(B).
       ``(ii) Individuals being verified through EEVS may be 
     required to take further action to address irregularities 
     identified in the documents relied upon for purposes of 
     employment verification. The employer shall communicate to 
     the individual any such requirement for further actions and 
     shall record the date and manner of such communication. The 
     individual must acknowledge in writing the receipt of this 
     communication from the employer. Failure to communicate such 
     a requirement is a violation of section (a)(1)(B).
       ``(iii) The Secretary is authorized, with notice to the 
     public provided in the Federal Register, to implement, 
     clarify, and supplement the requirements of this paragraph. 
     in order to facilitate the functioning of the. EEVS or to 
     prevent fraud or identity theft in the use of the EEVS.
       ``(F) Impermissible use of the eevs.--
       ``(i) An employer may not use the EEVS to verify an 
     individual prior to extending to the individual an offer of 
     employment.
       ``(ii) An employer may not require an individual to verify 
     the individual's own employment eligibility through the EEVS 
     as a condition of extending to that individual an offer of 
     employment. Nothing in this paragraph shall be construed to 
     prevent an employer from encouraging an employee or a 
     prospective employee from verifying the employee's or a 
     prospective employee's own employment eligibility prior to 
     obtaining employment pursuant to paragraph (5)(H).
       ``(iii) An employer may not terminate an individual's 
     employment solely because that individual has been issued a 
     further action notice.
       ``(iv) An employer may not take the following actions 
     solely because an individual has been issued a further action 
     notice:
       ``(I) reduce salary, bonuses or other compensation due to 
     the employee;
       ``(II) suspend the employee without pay;
       ``(III) reduce the hours that the employee is required to 
     work if such reduction is accompanied by a reduction in 
     salary, bonuses or other compensation due to the employee, 
     except that, with the agreement of the employee, an employer 
     may provide an employee with reasonable time off without pay 
     in order to contest and resolve the further action notice 
     received by the employee; or
       ``(IV) deny the employee the training necessary to perform 
     the employment duties for which the employee has been hired.
       ``(v) An employer may not, in the course of utilizing the 
     procedures for document verification set forth in subsection 
     (c), require that a prospective employee present additional 
     documents or different documents than those prescribed under 
     that subsection.
       ``(vi) The Secretary of Homeland Security shall develop the 
     necessary policies and procedures to monitor employers' use 
     of the EEVS and their compliance with the requirements set 
     forth in this section. Employers are required to comply with 
     requests from the Secretary for information related to any 
     monitoring, audit or investigation undertaken pursuant to 
     this subparagraph.
       ``(vii) The Secretary of Homeland Security, in consultation 
     with the Secretary of Labor, shall establish and maintain a 
     process by which any employee (or any prospective employee 
     who would otherwise have been hired) who has reason to 
     believe that an employer has violated subparagraphs (i)-(v) 
     may file a complaint against the employer.
       ``(viii) Any employer found to have violated subparagraphs 
     (i)-(v) shall pay civil penalty of up to $10,000 for each 
     violation.
       ``(ix) This paragraph is not intended to, and does not, 
     create any right, benefit, trust, or responsibility, whether 
     substantive or procedural, enforceable at law or equity by a 
     party against the United States, its departments, agencies, 
     instrumentalities, entities, officers, employees, or agents, 
     or any person, nor does it create any right of review in a 
     judicial proceeding.
       ``(x) No later than 3 months after the date of enactment of 
     this section, the Secretary of Homeland Security, in 
     cooperation with the Secretary of Labor and the Administrator 
     of the Small Business Administration, shall conduct a 
     campaign to disseminate information respecting the rights and 
     remedies prescribed under this section. Such campaign shall 
     be aimed at increasing the knowledge of employers, employees, 
     and the general public concerning employer and employee 
     rights, responsibilities and remedies under this section.
       ``(I) In order to carry out the campaign under this 
     paragraph, the Secretary of Homeland Security may, to the 
     extent deemed appropriate and subject to the availability of 
     appropriations, contract with public and private 
     organizations for outreach activities under the campaign.
       ``(II) There are authorized to be appropriated to carry out 
     this paragraph $40,000,000 for each fiscal year 2007 through 
     2009.
       ``(G) Based on a regular review of the EEVS and the 
     document verification procedures to identify fraudulent use 
     and to assess the security of the documents being used to 
     establish identity or employment authorization, the Secretary 
     in consultation with the Commissioner of Social Security may 
     modify by Notice published in the Federal Register the 
     documents that must be presented to the employer, the 
     information that must be provided to EEVS by the employer, 
     and the procedures that must be followed by employers with 
     respect to any aspect of the EEVS if the Secretary in his 
     discretion concludes that the modification is necessary to 
     ensure that EEVS accurately and reliably determines the work 
     authorization of employees while providing protection against 
     fraud and identity theft.
       ``(H) Subject to appropriate safeguards to prevent misuse 
     of the system, the Secretary in consultation with the 
     Commissioner of Social Security, shall establish secure 
     procedures to permit an individual who 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 EEVS.
       ``(6) Protection from liability for actions taken on the 
     basis of information provided by the confirmation system.--No 
     employer participating in the EEVS shall be liable under any 
     law for any employment-related action taken with respect to 
     the employee in good faith reliance on information provided 
     through the confirmation system.
       ``(7) Administrative review.--
       ``(A) In general.--An individual who receives a final 
     nonconfirmation notice may, not later than 15 days after the 
     date that such notice is received, file an administrative 
     appeal of such final notice. An individual who did not timely 
     contest a further action notice may not avail himself of this 
     paragraph. Unless the Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, 
     specifies otherwise, all administrative appeals shall be 
     filed as follows:
       ``(i) Nationals of the united states--An individual 
     claiming to be a national of the United States shall file the 
     administrative appeal with the Commissioner.
       ``(ii) Aliens.--An individual claiming to be an alien 
     authorized to work in the United States shall file the 
     administrative appeal with the Secretary.
       ``(B) Review for error.--The Secretary and the Commissioner 
     shall each develop procedures for resolving administrative 
     appeals regarding final nonconfirmations based upon the 
     information that the individual has provided, including any 
     additional evidence that was not previously considered. 
     Appeals shall be resolved within 30 days after the individual 
     has submitted all evidence relevant

[[Page S6644]]

     to the appeal. The Secretary and the Commissioner may, on a 
     case by case basis for good cause, extend this period in 
     order to ensure accurate resolution of an appeal before him. 
     Administrative review under this paragraph (7) shall be 
     limited to whether the final nonconfirmation notice is 
     supported by the weight of the evidence.
       ``(C) Administrative relief.--The relief available under 
     this paragraph (7) is limited to an administrative order 
     upholding, reversing, modifying, amending, or setting aside 
     the final nonconfirmation notice. The Secretary or the 
     Commissioner shall stay the final nonconfirmation notice 
     pending the resolution of the administrative appeal unless 
     the Secretary or the Commissioner determines that the 
     administrative appeal is frivolous, unlikely to succeed on 
     the merits, or filed for purposes of delay and terminates the 
     stay.
       ``(D) Damages, fees and costs.--No money damages, fees or 
     costs may be awarded in the administrative review process, 
     and no court shall have jurisdiction to award any damages, 
     fees or costs relating to such administrative review under 
     the Equal Access to Justice Act or any other law.
       ``(8) Judicial review.--
       ``(A) Exclusive procedure.--Notwithstanding any other 
     provision of law (statutory or nonstatutory) including 
     sections 1361 and 1651 of title 28, no court shall have 
     jurisdiction to consider any claim against the United States, 
     or any of its agencies, officers, or employees, challenging 
     or otherwise relating to a final nonconfirmation notice or to 
     the EEVS, except as specifically provided by this paragraph. 
     Judicial review of a final nonconfirmation notice is governed 
     only by chapter 158 of title 28, except as provided below.
       ``(B) Requirements for review of a final nonconfirmation 
     notice.--With respect to review of a final nonconfirmation 
     notice under subsection (a), the following requirements 
     apply:
       ``(i) Deadline.--The petition for review must be filed no 
     later than 30 days after the date of the completion of the 
     administrative appeal.
       ``(ii) Venue and forms.--The petition for review shall be 
     filed with the United States Court of Appeals for the 
     judicial circuit wherein the petitioner resided when the 
     final nonconfirmation notice was issued. The record and 
     briefs do not have to be printed. The court of appeals shall 
     review the proceeding on a typewritten record and on 
     typewritten briefs.
       ``(iii) Service.--The respondent is either the Secretary of 
     Homeland Security or the Commissioner of Social Security, but 
     not both, depending upon who issued (or affirmed) the final 
     nonconfirmation notice. In addition to serving the 
     respondent, the petitioner must also serve the Attorney 
     General.
       ``(iv) Petitioner's brief.--The petitioner shall serve and 
     file a brief in connection with a petition for judicial 
     review not later than 40 days after the date on which the 
     administrative record is available, and may serve and file a 
     reply brief not later than 14 days after service of the brief 
     of the respondent, and the court may not extend these 
     deadlines, except for good cause shown. If a petitioner fails 
     to file a brief within the time provided in this paragraph, 
     the court shall dismiss the appeal unless a manifest 
     injustice would result. The court of appeals may set an 
     expedited briefing schedule.
       ``(v) Scope and standard for review.--The court of appeals 
     shall decide the petition only on the administrative record 
     on which the final nonconfirmation order is based. The burden 
     shall be on the petitioner to show that the final 
     nonconfirmation decision was arbitrary, capricious, not 
     supported by substantial evidence, or otherwise not in 
     accordance with law. Administrative findings of fact are 
     conclusive unless any reasonable adjudicator would be 
     compelled to conclude to the contrary.
       ``(vi) Stay.--The court of appeals shall stay the final 
     nonconfirmation notice pending its decision on the petition 
     for review unless the court determines that the petition for 
     review is frivolous, unlikely to succeed on the merits, or 
     filed for purposes of delay,
       ``(C) Exhaustion of administrative remedies.--A court may 
     review a final nonconfirmation order only if--
       ``(1) the petitioner has exhausted all administrative 
     remedies available to the alien as of right, and
       ``(2) another court has not decided the validity of the 
     order, unless the reviewing court finds that the petition 
     presents grounds that could not have been presented in the 
     prior judicial proceeding or that the remedy provided by the 
     prior proceeding was inadequate or ineffective to test the 
     validity of the order.
       ``(D) Limit on injunctive relief.--Regardless of the nature 
     of the action or claim or of the identity of the party or 
     parties bringing the action, no court (other than the Supreme 
     Court) shall have jurisdiction or authority to enjoin or 
     restrain the operation of the provisions in this section, 
     other than with respect to the application of such provisions 
     to an individual petitioner.
       ``(9) Management of employment eligibility verification 
     system.--
       ``(A) In general.--The Secretary is authorized to 
     establish, manage and modify an EEVS that shall--
       ``(i) respond to inquiries made by participating employers 
     at any time through the internet concerning an individual's 
     identity and whether the individual is authorized to be 
     employed;
       ``(ii) maintain records of the inquiries that were made, of 
     confirmations provided (or not provided), and of the codes 
     provided to employers as evidence of their compliance with 
     their obligations under the EEVS; and
       ``(iii) provide information to, and request action by, 
     employers and individuals using the system, including 
     notifying employers of the expiration or other relevant 
     change in an employee's employment authorization, and 
     directing an employer to convey to the employee a request to 
     contact the appropriate Federal or State agency.
       ``(B) Design and operation of system.--The EEVS shall be 
     designed and operated--
       ``(i) to maximize its reliability and ease of use by 
     employers consistent with insulating and protecting the 
     privacy and security of the underlying information;
       ``(ii) to respond accurately to all inquiries made by 
     employers on whether individuals are authorized to be 
     employed and to register any times when the system is unable 
     to receive inquiries;
       ``(iii) to maintain appropriate administrative, technical, 
     and physical safeguards to prevent unauthorized disclosure of 
     personal information;
       (iv) to allow for auditing use of the system to detect 
     fraud and identity theft, and to preserve the security of the 
     information in all of the system, including but not limited 
     to the following:
       ``(I) to develop and use algorithms to detect potential 
     identity theft, such as multiple uses of the same identifying 
     information or documents;
       ``(II) to develop and use algorithms to detect misuse of 
     the system by employers and employees;
       ``(III) to develop capabilities to detect anomalies in the 
     use of the system that may indicate potential fraud or misuse 
     of the system; and
       ``(IV) to audit documents and information submitted by 
     potential employees to employers, including authority to 
     conduct interviews with employers and employees;
       ``(v) to confirm identity and work authorization through 
     verification of records maintained by the Secretary, other 
     federal departments, states, the Commonwealth of the Northern 
     Mariana Islands, or an outlying possession of the United 
     States, as determined necessary by the Secretary, including:
       ``(I) records maintained by the Social Security 
     Administration as specified in (D);
       ``(II) birth and death records maintained by vital 
     statistics agencies of any state or other United States 
     jurisdiction;
       ``(III) passport and visa records (including photographs) 
     maintained by the United States Department of State; and
       ``(IV) State driver's license or identity card information 
     (including photographs) maintained by State department of 
     motor vehicles; and
       ``(vi) to confirm electronically the issuance of the 
     employment authorization or identity document and to display 
     the digital photograph that the issuer placed on the document 
     so that the employer can compare the photograph displayed to 
     the photograph on the document presented by the employee. If 
     in exceptional cases a photograph is not available from the 
     issuer, the Secretary shall specify a temporary alternative 
     procedure for confirming the authenticity of the document.
       ``(C) The Secretary is authorized, with notice to the 
     public provided in the Federal Register, to issue regulations 
     concerning operational and technical aspects of the EEVS and 
     the efficiency, accuracy, and security of the EEVS.
       ``(D) Access to information.--
       ``(i) Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall have access to relevant 
     records described at paragraph (9)(8)(v), for the purposes of 
     preventing identity theft and fraud in the use of the EEVS 
     and enforcing the provisions of this section governing 
     employment verification. State or other non-federal 
     jurisdiction that does not provide such access shall not be 
     eligible for any grant or other program of financial 
     assistance administered by the Secretary.
       ``(ii) The Secretary, in consultation with the Commissioner 
     of Social Security and other appropriate Federal and State 
     agencies, shall develop policies and procedures to ensure 
     protection of the privacy and security of personally 
     identifiable information and identifiers contained in the 
     records accessed pursuant to this paragraph and subparagraph 
     (d)(5)(E)(i). The Secretary, in consultation with the 
     Commissioner and other appropriate Federal and State 
     agencies, shall develop and deploy appropriate privacy and 
     security training for the Federal and State employees 
     accessing the records pursuant to this paragraph and 
     subparagraph (d)(5)(E)(i).
       ``(iii) The Chief Privacy Officer of the Department of 
     Homeland Security shall conduct regular privacy audits of the 
     policies and procedures established under subparagraph 
     (9)(D)(ii), including any collection, use, dissemination, and 
     maintenance of personally identifiable information and any 
     associated information technology systems, as well as scope 
     of requests for this information. The Chief Privacy Officer 
     shall review the results of the audits and recommend to the 
     Secretary and the Privacy and Civil Liberties Oversight Board 
     any changes necessary to improve the privacy protections of 
     the program.
       ``(E) Responsibilities of the secretary of homeland 
     security.--
       ``(i) As part of the EEVS, the Secretary shall establish 
     reliable, secure method,

[[Page S6645]]

     which, operating through the EEVS and within the time periods 
     specified, compares the name, alien identification or 
     authorization number, or other relevant information provided 
     in an inquiry against such information maintained or accessed 
     by the Secretary in order to confirm (or not confirm) the 
     validity of the information provided, the correspondence of 
     the name and number, whether the alien is authorized to be 
     employed in the United States (or, to the extent that the 
     Secretary determines to be feasible and appropriate, whether 
     the Secretary's records verify United States citizenship), 
     and such other information as the Secretary may prescribe.
       ``(ii) As part of the EEVS, the Secretary shall establish 
     reliable, secure method, which, operating through the EEVS, 
     displays the digital photograph described in paragraph 
     (d)(9)(B)(vi).
       ``(iii) The Secretary shall have authority to prescribe 
     when a confirmation, nonconfirmation or further action notice 
     shall be issued.
       ``(iv) The Secretary shall perform regular audits under the 
     EEVS, as described in paragraph (d)(9)(B)(iv) of this section 
     and shall utilize the information obtained from such audits, 
     as well as any information obtained from the Commissioner of 
     Social Security pursuant to section 304 of the Comprehensive 
     Immigration Act of 2007, for the purposes of this title and 
     of immigration enforcement in general.
       ``(v) The Secretary shall make appropriate arrangements to 
     allow employers who are otherwise unable to access the EEVS 
     to use federal government facilities or public facilities in 
     order to utilize the EEVS.
       ``(F) Responsibilities of the Secretary of State.--As part 
     of the EEVS, the Secretary of State shall provide to the 
     Secretary access to passport and visa information as needed 
     to confirm that passport or passport card presented under 
     section (c)(l)(B) belongs to the subject of the EEVS check, 
     or that passport or visa photograph matches an individual;
       ``(G) Updating information.--The Commissioner of Social 
     Security and the Secretaries of Homeland Security and State 
     shall update their information in a manner that promotes 
     maximum accuracy and shall provide a process for the prompt 
     correction of erroneous information.
       ``(10) Limitation on use of the Employment Eligibility 
     Verification System.--Notwithstanding any other provision of 
     law, nothing in this subsection shall be construed to permit 
     or allow any department, bureau, or other agency of the 
     United States Government to utilize any information, 
     database, or other records assembled under this subsection 
     for any purpose other than for the enforcement and 
     administration of the immigration laws, anti-terrorism laws, 
     or for enforcement of Federal criminal law related to the 
     functions of the EEVS, including prohibitions on forgery, 
     fraud and identity theft.
       ``(11) Unauthorized Use or Disclosure of Information.--Any 
     employee of the Department of Homeland Security or another 
     Federal or State agency who knowingly uses or discloses the 
     information assembled under this subsection for a purpose 
     other than one authorized under this section shall pay a 
     civil penalty of $5,000-$50,000 for each violation.
       ``(12) Conforming amendment.--Public Law 104-208, Div. C, 
     Title IV, Subtitle A, sections 401-05 are repealed, provided 
     that nothing in this subsection shall be construed to limit 
     the authority of the Secretary to allow or continue to allow 
     the participation of Basic Pilot employers in the EEVS 
     established by this subsection.
       ``(13) Funds.--In addition to any appropriated funds, the 
     Secretary is authorized to use funds provided in sections 
     286(m) and (n), for the maintenance and operation of the 
     EEVS. EEVS shall be considered an immigration adjudication 
     service for purposes of sections 286(m) and (n).
       ``(14) The employer shall use the procedures for EEVS 
     specified in this section for all employees without regard to 
     national origin or citizenship status.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary of 
     Homeland Security shall establish procedures--
       ``(A) for individuals and entities to file complaints 
     respecting potential violations of subsection (a) or (g)(1);
       ``(B) for the investigation of those complaints which the 
     Secretary deems it appropriate to investigate; and
       ``(C) for the investigation of such other violations of 
     subsection (a) or (g)(1) as the Secretary determines to be 
     appropriate.
       ``(2) Authority in investigations.--In conducting 
     investigations and hearings under this subsection--
       ``(A) immigration officers shall have reasonable access to 
     examine evidence of any employer being investigated; and
       ``(B) immigration officers 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. In case of 
     contumacy or refusal to obey a subpoena lawfully issued under 
     this paragraph, 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 a contempt thereof. Failure to cooperate with such 
     subpoena shall be subject to further penalties, including but 
     not limited to further fines and the voiding of any 
     mitigation of penalties or termination of proceedings under 
     subsection (e)(3)(B).
       ``(3) Compliance Procedures.--
       ``(A) Pre-penalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a civil violation of 
     this section or the requirements of this section, including 
     but not limited to subsections (b), (c), (d) and (k), and 
     determines that further proceedings are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Department's intention to issue a claim for a 
     monetary or other penalty. Such pre-penalty notice shall:
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) disclose the material facts which establish the 
     alleged violation; and
       ``(iv) inform such employer that he or she 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.--Whenever any 
     employer receives a written pre-penalty notice of a fine or 
     other penalty in accordance with subparagraph (A), the 
     employer may file, within 15 days from receipt of such 
     notice, with the Secretary a petition for the remission or 
     mitigation of such fine or penalty, or a petition for 
     termination of the proceedings. The petition may include any 
     relevant evidence or proffer of evidence the employer wishes 
     to present, and shall be filed and considered in accordance 
     with procedures to be established by the Secretary. If the 
     Secretary finds that such fine, penalty, or forfeiture was 
     incurred erroneously, or finds the existence of such 
     mitigating circumstances as to justify the remission or 
     mitigation of such fine or penalty, the Secretary may remit 
     or mitigate the same upon such terms and conditions as the 
     Secretary deems reasonable and just, or order termination of 
     any proceedings relating thereto. Such mitigating 
     circumstances may include, but need not be limited to, good 
     faith compliance and participation in, or agreement to 
     participate in, the EEVS, if not otherwise required.

     This subparagraph shall not apply to an employer that has or 
     is engaged in a pattern or practice of violations of 
     subsection (a)(1)(A), (a)(1)(6), or (a)(2) or of any other 
     requirements of this section.
       ``(C) Penalty Claim.--After considering evidence and 
     representations, if any, offered by the employer pursuant to 
     subparagraph (B), the Secretary shall determine whether there 
     was a violation and promptly issue a written final 
     determination setting forth the findings of fact and 
     conclusions of law on which the determination is based. If 
     the Secretary determines that there was a violation, the 
     Secretary shall issue the final determination with a written 
     penalty claim. The penalty claim shall specify all charges in 
     the information provided under clauses (i) through (iii) of 
     subparagraph (A) and any mitigation or remission of the 
     penalty that the Secretary deems appropriate.
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of subsection 
     (a)(1)(A) or (a)(2) shall:
       ``(i) pay a civil penalty of $5,000 for each unauthorized 
     alien with respect to which each violation of either 
     subsection (a)(1)(A) or (a)(2) occurred;
       ``(ii) if an employer has previously been fined under 
     subsection (e)(4)(A), pay a civil penalty of $10,000 for each 
     unauthorized alien with respect to which a violation of 
     either subsection (a)(1)(A) or (a)(2) occurred; and
       ``(iii) if an employer has previously been fined more than 
     once under subsection (e)(4), pay a civil penalty of $25,000 
     for each unauthorized alien with respect to which a violation 
     of either subsection has occurred. This penalty shall apply, 
     in addition to any penalties previously assessed, to 
     employers who fail to comply with a previously issued and 
     final order under this section.
       ``(iv) if an employer has previously been fined more than 
     twice under subsection (e)(4)(A), pay a civil penalty of 
     $75,000 for each alien with respect to which a violation of 
     either subsection (a)(1) or (a)(2) occurred
       ``(v) In addition to any penalties previously assessed an 
     employer who fails to comply with a previously issued and 
     final order under this section shall be fined $75,000 for 
     each violation.
       ``(B) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with any 
     requirement of subsection (b), (c), and (d), shall pay a 
     civil penalty as follows:
       ``(i) pay a civil penalty of $1,000 for each violation;
       ``(ii) if an employer has previously been fined under 
     subsection (e)(4)(6), pay a civil penalty of $2,000 for each 
     violation; and
       ``(iii) if an employer has previously been fined more than 
     once under subsection (e)(4), pay a civil penalty of $5,000 
     for each violation. This penalty shall apply, in addition to 
     any penalties previously assessed, to employers who fail to 
     comply with a previously issued and final order under this 
     section.
       ``(iv) if an employer has previously been fined more than 
     twice under subsection (e)(4)(B), pay a civil penalty of 
     $15,000 for each violation.
       ``(v) In addition to any penalties previously assessed, an 
     employer who fails to comply.

[[Page S6646]]

     with a previously issued and final order under this section 
     shall be fined $15,000 for each violation.
       ``(C) Other penalties.--The Secretary may impose additional 
     penalties for violations, including cease and desist orders, 
     specially designed compliance plans to prevent further 
     violations, suspended fines to take effect in the event of a 
     further violation, and in appropriate cases, the remedy 
     provided by paragraph (g)(2). All penalties in this section 
     may be adjusted every four years to account for inflation as 
     provided by law.
       ``(D) The Secretary is authorized to reduce or mitigate 
     penalties imposed upon employers, based upon factors 
     including, but not limited to, the employer's hiring volume, 
     compliance history, good-faith implementation of a compliance 
     program, participation in temporary worker program, and 
     voluntary disclosure of violations of this subsection to the 
     Secretary.
       ``(5) Order of internal review and certification of 
     compliance.--
       ``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 it is in compliance with this section, 
     or has instituted a program to come into compliance. Within 
     60 days of receiving a notice from the Secretary requiring 
     such a certification, the employer's chief executive officer 
     or similar official with responsibility for, and authority to 
     bind the company on, all hiring and immigration compliance 
     notices shall certify under penalty of perjury that the 
     employer is in conformance with the requirements of 
     subsections (c)(1) through (c)(4), pertaining to document 
     verification requirements, and with subsection (d), 
     pertaining to the EEVS (once that system is implemented 
     according to the requirements of (d)(1)), and with any 
     additional requirements that the Secretary may promulgate by 
     regulation pursuant to subsections (c), (d), and (k), or that 
     the employer has instituted a program to come into compliance 
     with these requirements. At the request of the employer, the 
     Secretary may extend the 60-day deadline for good cause. The 
     Secretary is authorized to publish in the Federal Register 
     standards or methods for such certification, require specific 
     recordkeeping practices with respect to such certifications, 
     and audit the records thereof at any time. This authority 
     shall not be construed to diminish or qualify any other 
     penalty provided by this section.
       ``(6) Judicial review.--
       ``(A) Notwithstanding any other provision of law (statutory 
     or nonstatutory) including sections 1361 and 1651 of title 
     28, no court shall have jurisdiction to consider a final 
     determination or penalty claim issued under subparagraph 
     (3)(C), except as specifically provided by this paragraph. 
     Judicial review of a final determination under paragraph 
     (e)(4) is governed only by chapter 158 of title 28, except as 
     specifically provided below. The filing of a petition as 
     provided in this paragraph shall stay the Secretary's 
     determination until entry of judgment by the court. The 
     Secretary is authorized to require that 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.
       (B) Requirements for review of a final determination.--With 
     respect to judicial review of a final determination or 
     penalty claim issued under subparagraph (3)(C), the following 
     requirements apply:
       (i) Deadline.--The petition for review must be filed no 
     later than 30 days after the date of the final determination 
     or penalty claim issued under subparagraph (3)(C).
       (ii) Venue and forms.--The petition for review shall be 
     filed with the court of appeals for the judicial circuit 
     wherein the employer resided when the final determination or 
     penalty claim was issued. The record and briefs do not have 
     to be printed. The court of appeals shall review the 
     proceeding on a typewritten record and on typewritten briefs.
       (iii) Service.--The respondent is either the Secretary of 
     Homeland Security or the Commissioner of Social Security, but 
     not both, depending upon who issued (or affirmed) the final 
     nonconfirmation notice. In addition to serving the 
     respondent, the petitioner must also serve the Attorney 
     General.
       (iv) Petitioner's Brief.--The petitioner shall serve and 
     file a brief in connection with a petition for judicial 
     review not later than 40 days after the date on which the 
     administrative record is available, and may serve and file a 
     reply brief not later than 14 days after service of the brief 
     of the respondent, and the court may not extend these 
     deadlines, except for good cause shown. If a petitioner fails 
     to file a brief within the time provided in this paragraph, 
     the court shall dismiss the appeal unless a manifest 
     injustice would result.
       (v) Scope and standard for review.--The court of appeals 
     shall decide the petition only on the administrative record 
     on which the final determination is based. The burden shall 
     be on the petitioner to show that the final determination was 
     arbitrary, capricious, not supported by substantial evidence, 
     or otherwise not in accordance with law. Administrative 
     findings of fact are conclusive unless any reasonable 
     adjudicator would be compelled to conclude to the contrary.
       ``(C) Exhaustion of Administrative Remedies.--A court may 
     review a final determination under subparagraph (3)(C) only 
     if--
       (1) the petitioner has exhausted all administrative 
     remedies available to the petitioner as of right, and
       (2) another court has not decided the validity of the 
     order, unless the reviewing court finds that the petition 
     presents grounds that could not have been presented in the 
     prior judicial proceeding or that the remedy provided by the 
     prior proceeding was inadequate or ineffective to test the 
     validity of the order.
       ``(D) Limit on injunctive relief.--Regardless of the nature 
     of the action or claim or of the identity of the party or 
     parties bringing the action, no court (other than the Supreme 
     Court) shall have jurisdiction or authority to enjoin or 
     restrain the operation of the provisions in this section, 
     other than with respect to the application of such provisions 
     to an individual petitioner.
       ``(7) 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 (6), the 
     Attorney General may file suit to enforce compliance with the 
     final determination in any appropriate district court of the 
     United States. In any such suit, the validity and 
     appropriateness of the final determination shall not be 
     subject to review.
       ``(8) Liens.--
       ``(A) Creation of lien.--If any employer liable for a fee 
     or penalty under this section neglects or refuses to pay such 
     liability and fails to file a petition for review (if 
     applicable) as provided in paragraph 6 of this subsection, 
     such liability is a lien in favor of the United States on all 
     property and rights to property of such person as if the 
     liability of such person were a liability for a tax assessed 
     under the Internal Revenue Code of 1986. If a petition for 
     review is filed as provided in paragraph 6 of this 
     subsection, the lien (if any) shall arise upon the entry of a 
     final judgment by the court. The lien continues for 20 years 
     or until the liability is satisfied, remitted, set aside, or 
     is terminated.
       ``(B) Effect of filing notice of lien.--Upon filing of a 
     notice of lien in the manner in which a notice of tax lien 
     would be filed under section 6323(f)(1) and (2) of the 
     Internal Revenue Code of 1986, the lien shall be valid 
     against any purchaser, holder of a security interest, 
     mechanic's lien or judgment lien creditor, except with 
     respect to properties or transactions specified in subsection 
     (b), (c), or (d) of section 6323 of the Internal Revenue Code 
     of 1986 for which a notice of tax lien properly filed on the 
     same date would not be valid. The notice of lien shall be 
     considered a notice of lien for taxes payable to the United 
     States for the purpose of any State or local law providing 
     for the filing of a notice of a tax lien. A notice of lien 
     that is registered, recorded, docketed, or indexed in 
     accordance with the rules and requirements relating to 
     judgments of the courts of the State where the notice of lien 
     is registered, recorded, docketed, or indexed shall be 
     considered for all purposes as the filing prescribed by this 
     section. The provisions of section 3201(e) of chapter 176 of 
     title 28 shall apply to liens filed as prescribed by this 
     section.
       ``(C) Enforcement of a lien.--A lien obtained through this 
     process shall be considered a debt as defined by 28 U.S.C. 
     Sec. 3002 and enforceable pursuant to the Federal Debt 
     Collection Procedures Act.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--Any employer which engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $75,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than six months for the 
     entire pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--
     Whenever the Secretary or the Attorney General has reasonable 
     cause to believe that an employer is engaged in a pattern or 
     practice of employment, recruitment, or referral in violation 
     of paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting such relief, including 
     a permanent or temporary injunction, restraining order, or 
     other order against the employer, as the Secretary deems 
     necessary.
       ``(g) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referring for employment of any 
     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 general fund of the Treasury.
       ``(h) Government Contracts.
       ``(1) Employers.--Whenever an employer who does not hold 
     Federal contracts, grants, or cooperative agreements 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 subject to debarment from the receipt of 
     Federal contracts, grants, or cooperative agreements for a 
     period of up to two years in accordance with the procedures 
     and standards prescribed by the Federal Acquisition 
     Regulations. The

[[Page S6647]]

     Secretary or the Attorney General shall advise the 
     Administrator of General Services of any such debarment, and 
     the Administrator of General Services shall list the employer 
     on the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs for the period of the debarment. The 
     Administrator of General Services, in consultation with the 
     Secretary and Attorney General, may waive operation of this 
     subsection or may limit the duration or scope of the 
     debarment.
       ``(2) Contractors and recipients.--Whenever an employer who 
     holds Federal contracts, grants, or cooperative agreements 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 subject to debarment from the receipt of 
     Federal contracts, grants, or cooperative agreements for a 
     period of up to two years in accordance with the procedures 
     and standards prescribed by the Federal Acquisition 
     Regulations. Prior to debarring the employer, the Secretary, 
     in cooperation with the Administrator of General Services, 
     shall advise all agencies holding contracts, grants, or 
     cooperative agreements with the employer of the proceedings 
     to debar the employer from the receipt of new Federal 
     contracts, grants, or cooperative agreements for a period of 
     up to two years. After consideration of the views of agencies 
     holding contracts, grants or cooperative agreements with the 
     employer, the Secretary may, in lieu of proceedings to debar 
     the employer from the receipt of new Federal contracts, 
     grants, or cooperative agreements for a period of up to two 
     years, waive operation of this subsection, limit the duration 
     or scope of the proposed debarment, or may refer to an 
     appropriate lead agency the decision of whether to seek 
     debarment of 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.
       ``(3) 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.
       ``(4) Inadvertent violations of recordkeeping or 
     verification requirements, in the absence of any other 
     violations of this section, shall not be a basis for 
     determining that an employer is a repeat violator for 
     purposes of this subsection;
       ``(i) Miscellaneous provisions.--
       ``(1) Documentation.--In providing documentation or 
     endorsement of authorization of aliens (other than aliens 
     lawfully admitted for permanent residence) authorized to be 
     employed in the United States, the Secretary shall provide 
     that any limitations with respect to the period or type of 
     employment or employer shall be conspicuously stated on the 
     documentation or endorsement.
       ``(2) Preemption.--The provisions of this section preempt 
     any State or local law that requires the use of the EEVS in 
     fashion that conflicts with federal policies, procedures or 
     timetables, or that imposes civil or criminal sanctions 
     (other than through licensing and similar laws) upon those 
     who employ, or recruit or refer for fee for employment, 
     unauthorized aliens.
       ``(j) Deposit of Amounts Received.--Except as otherwise 
     specified, civil penalties collected under this section shall 
     be deposited by the Secretary into the general fund of the 
     Treasury.
       ``(k) No Match Notice.--
       ``(1) For the purpose of this subsection, no match notice 
     is written notice from the Social Security Administration 
     (SSA) to an employer reporting earnings on Form W-2 that 
     employees' names or corresponding social security account 
     numbers fail to match SSA records. The Secretary, in 
     consultation with the Commissioner of the Social Security 
     Administration, is authorized to establish by regulation 
     requirements for verifying the identity and work 
     authorization of employees who are the subject of no-match 
     notices. The Secretary shall establish by regulation a 
     reasonable period during which an employer must allow an 
     employee who is subject to a no-match notice to resolve the 
     no match notice with no adverse employment consequences to 
     the employee. The Secretary may also establish penalties for 
     noncompliance by regulation.
       ``(l) Challenges to Validity--
       ``(1) In general.--Any right, benefit, or claim not 
     otherwise waived or limited pursuant to 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--
       ``(A) whether this section, or any regulation issued to 
     implement this section, violates the Constitution of the 
     United States; or
       ``(B) whether such regulation issued by or under the 
     authority of the Secretary to implement this section, is 
     contrary to applicable provisions of this section or was 
     issued in violation of title 5, chapter 5, United States 
     Code.
       ``(2) Deadlines for bringing actions.--Any action 
     instituted under this paragraph must be filed no later than 
     90 days after the date the challenged section or regulation 
     described in clause (i) or (ii) of subparagraph (A) is first 
     implemented.
       ``(3) Class actions.--The court may not certify a class 
     under Rule 23 of the Federal Rules of Civil Procedure in any 
     action under this section.
       ``(4) Rule of construction.--In determining whether the 
     Secretary's interpretation regarding any provision of this 
     section is contrary to law, a court shall accord to such 
     interpretation the maximum deference permissible under the 
     Constitution.
       ``(5) No attorneys' fees.--Notwithstanding any other 
     provision of law, the court shall not award fees or other 
     expenses to any person or entity based upon any action 
     relating to this Title brought pursuant to this section 
     (l).''

     SEC. 303. EFFECTIVE DATE.

       This title shall become effective on the date of enactment.

     SEC. 304. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION TO 
                   ASSIST IN IMMIGRATION ENFORCEMENT.

       (a) Disclosure of Certain Taxpayer Identity Information.--
       (1) In general.--Section 6103(1) 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 or 
     other information which has been disclosed or otherwise made 
     available to the Social Security Administration and upon 
     written request by the Secretary of Homeland Security (in 
     this paragraph referred to as the `Secretary'), the 
     Commissioner of Social Security shall disclose directly to 
     officers, employees, and contractors of the Department of 
     Homeland Security--
       ``(i) the taxpayer identity information of each person who 
     has filed an information return required by reason of section 
     6051 after calendar year 2005 and before the date specified 
     in subparagraph (D) which contains--
       ``(I) 1 (or any greater number the Secretary shall request) 
     taxpayer identifying number, name, and address of any 
     employee (within the meaning of such section) that did not 
     match the records maintained by the Commissioner of Social 
     Security, or
       ``(II) 2 (or any greater number the Secretary shall 
     request) names, and addresses of employees (within the 
     meaning of such section), with the same taxpayer identifying 
     number, and the taxpayer identity of each such employee, and
       ``(ii) the taxpayer identity of each person who has filed 
     an information return required by reason of section 6051 
     after calendar year 2005 and before the date specified in 
     subparagraph (D) which contains the taxpayer' identifying 
     number (assigned under section 6109) of an employee (within 
     the meaning of section 6051)--
       ``(I) who is under the age of 14 (or any lesser age the 
     Secretary shall request), according to the records maintained 
     by the Commissioner of Social Security,
       ``(II) whose date of death, according to the records so 
     maintained, occurred in calendar year preceding the calendar 
     year for which the information return was filed,
       ``(III) whose taxpayer identifying number is contained in 
     more than one (or any greater number the Secretary shall 
     request) information return filed in such calendar year, or
       ``(IV) who is not authorized to work in the United States, 
     according to the records maintained by the Commissioner of 
     Social Security,

     and the taxpayer identity and date of birth of each such 
     employee.
       ``(B) Reimbursement.--The Secretary shall transfer to the 
     Commissioner the funds necessary to cover the additional cost 
     directly incurred by the Commissioner in carrying out the 
     searches or manipulations requested by the Secretary.''
       (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.--Notwithstandingany 
     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 years 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.--

[[Page S6648]]

       (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 (1)(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)'',
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as are necessary to carry out the amendments made by 
     this section.
       (c) Repeal of Reporting Requirements.--
       (1) Report on earnings of aliens not authorized to work.--
     Subsection (c) of section 290 of the Immigration and 
     Nationality Act (8 U.S.C. 1360) is repealed.
       (2) 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.
       (d) Effective Dates.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply to disclosures made after the date of the 
     enactment of this Act.
       (2) Certifications.--The first certification under section 
     6103(p)(9)(D) of the Internal Revenue Code of 1986, as added 
     by subsection (a)(2), shall be made with respect to calendar 
     year 2007.
       (3) Repeals.--The repeals made by subsection (c) shall take 
     effect on the date of the enactment of this Act.

     SEC. 305. INCREASING SECURITY AND INTEGRITY OF SOCIAL 
                   SECURITY CARDS.

       (a) Fraud-Resistant, Tamper-Resistant and Wear-Resistant 
     Social Security Cards.--
       (1) Issuance.--
       (A) Preliminary work.--Not later than 180 days after the 
     date of enactment of this title, the Commissioner of Social 
     Security shall begin work to administer and issue--fraud-
     resistant, tamper-resistant Social Security cards.
       (B) Completion.--Not later than two years after the date of 
     enactment of this title, the Commissioner of Social Security 
     shall only issue fraud-resistant, tamper-resistant and wear-
     resistant Social Security cards.
       (2) Amendment.--Section 205(c)(2)(G) of the Social Security 
     Act (42 U.S.C. 405(c)(2)(G)) is amended to read--
       ``(i) The Commissioner of Social Security shall issue a 
     social security card to each individual at the time of the 
     issuance of a social security account number to such 
     individual. The social security card shall be fraud-
     resistant, tamper-resistant and wear-resistant.''
       (3) 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.
       (4) Report on Feasibility of Including Biometrics.--Within 
     180 days of enactment, the Commissioner of Social Security 
     shall provide to Congress a report on the utility, costs and 
     feasibility of including a photograph and other biometric 
     information on the Social Security Card.
       (b) Multiple cards.--Section 205(c)(2)(G) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(G)) is further amended by 
     adding at the end the following:
       ``(ii) The Commissioner of Social Security shall not issue 
     a replacement Social Security card to any individual unless 
     the Commissioner determines that the purpose for requiring 
     the issuance of the replacement document is legitimate.''

     SEC. 306. INCREASING SECURITY AND INTEGRITY OF IDENTITY 
                   DOCUMENTS

       (a) Purpose.--The Secretary of Homeland Security, shall 
     establish the State Records Improvement Grant Program 
     (referred to in this section as the `Program'), under which 
     the Secretary may award grants to States for the purpose of 
     advancing the purposes of this Act and of issuing or 
     implementing plans to issue driver's license and identity 
     cards that can be used for purposes of verifying identity 
     under this Title and that comply with the state license 
     requirements in section 202 of the REAL 10 Act of 2005 
     (division B of Public Law 109-13; 49 U.S.C. 30301 note).
       (b) States that do not certify their intent to comply with 
     the REAL ID Act and implementing regulations or that do not 
     submit a compliance plan acceptable to the Secretary are not 
     eligible for grants under the Program. Driver's license or 
     identification cards issued by States that do not comply with 
     REAL ID may not be used to verify identity under this Title 
     except under conditions approved by the Secretary.
       (c) Grants and Contracts Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, to a 
     State to provide assistance to such State agency to meet the 
     deadlines for the issuance of a driver's license which meets 
     the requirements of section 202 of the REAL 10 Act of 2005 
     (division B of Public Law 109-13; 49 U.S.C. 30301 note).
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2007 through 2011.
       (3) Competitive basis.--The Secretary shall give priority 
     to States whose REAL ID implementation plan is compatible 
     with the employment verification systems, processes, and 
     implementation schedules set forth in Section 302, as 
     determined by the Secretary. Minimum standards for 
     compatibility will include the ability of the State to 
     promptly verify the document and provide access to the 
     digital photograph displayed on the document.
       (4) Where the Secretary of Homeland Security determines 
     that compliance with REAL ID and with the requirements of the 
     employment verification system can best be met by awarding 
     grants or contracts to a State, a group of States, a 
     government agency, or a private entity, the Secretary may 
     utilize Program funds to award such a grant, grants, contract 
     or contracts.
       (5) On an expedited basis, the Secretary shall award grants 
     or contracts for the purpose of improving the accuracy and 
     electronic availability of states' records of births, deaths, 
     driver's licenses, and of other records necessary for 
     implementation of EEVS and as otherwise necessary to advance 
     the purposes of this Act.
       (d) Use of Funds.--Grants or contracts awarded pursuant to 
     the Program may be used to assist State compliance with the 
     REAL ID requirements, including, but not limited to--
       (1) upgrade and maintain technology
       (2) obtain equipment;
       (3) hire additional personnel;
       (4) cover operational costs, including overtime; and
       (5) such other resources as are available to assist that 
     agency.
       (e) Application.--
       (1) In general.--Each eligible state 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.
       (f) Conditions.--All grants under the Program shall be 
     conditioned on the recipient providing REAL ID compliance 
     certification and implementation plans acceptable to the 
     Secretary which include--
       (1) adopting appropriate security measures to protect 
     against improper issuance of driver's licenses and identity 
     cards, tampering with electronic issuance systems, and 
     identity theft as the Secretary may prescribe;
       (2) ensuring introduction and maintenance of such security 
     features and other measures necessary to make the documents 
     issued by recipient resistant to tampering, counterfeiting, 
     and fraudulent use as the Secretary may prescribe; and
       (3) ensuring implementation and maintenance of such 
     safeguards for the security of the information contained on 
     these documents as the Secretary may prescribe.
       All grants shall also be conditioned on the recipient 
     agreeing to adhere to the timetables and procedures for 
     issuing REAL ID driver's licenses and identification cards as 
     specified in section 274A(c)(1)(F).
       All grants shall further be conditioned on the recipient 
     agreeing to implement the requirements of this Act and any 
     implementing regulations to the satisfaction of the Secretary 
     of Homeland Security.
       (g) Authorization of Appropriations in General.--There is 
     authorized to be appropriated $300,000,000 for each of fiscal 
     years 2007 through 2011 to carry out the provisions of this 
     section.
       (h) 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.
       (i) Additional Uses.--Amounts authorized under this section 
     may also be used to assist in sharing of law enforcement 
     information between States and the Department of Homeland 
     Security for purposes of implementing Section 602(c), at the 
     discretion of the Secretary.

     SEC. 307. VOLUNTARY ADVANCED VERIFICATION PROGRAM TO COMBAT 
                   IDENTITY THEFT.

       (a) Voluntary Advanced Verification Program.--The Secretary 
     shall establish and make available a voluntary program 
     allowing employers to submit and verify an employee's 
     fingerprints for purposes of determining the identity and 
     work authorization of the employee.
       (1) Implementation date.--No later than 18 months after the 
     date of enactment of this Act, the Secretary shall implement 
     the voluntary advanced verification program and make it 
     available to employers willing to volunteer in the program.
       (2) Voluntary participation.--The fingerprint verification 
     program is voluntary; employers are not required to 
     participate in it.
       (b) Limited Retention Period for Fingerprints.--
       (1) The Secretary shall only maintain fingerprint records 
     of U.S. Citizen that were submitted by an employer through 
     the EEVS

[[Page S6649]]

     for 10 business days, upon which such records shall be purged 
     from any EEVS-related system unless the fingerprints have 
     been ordered to be retained for purposes of a fraud or 
     similar investigation by a government agency with criminal or 
     other investigative authority.
       (2) Exception: For purposes of preventing identity theft or 
     other harm, a U.S. Citizen employee may request in writing 
     that his fingerprint records be retained for employee 
     verification purposes by the Secretary. In such instances of 
     written consent, the Secretary may retain such fingerprint 
     records until notified in writing by the U.S. Citizen of his 
     withdrawal of consent, at which time the Secretary must purge 
     such fingerprint records within 10 business days unless the 
     fingerprints have been ordered to be retained for purposes of 
     a fraud or similar investigation by government agency with an 
     independent criminal or other investigative authority.
       (c) Limited Use of Fingerprints Submitted for Program.--The 
     Secretary and the employer may use any fingerprints taken 
     from the employee and transmitted for querying the EEVS 
     solely for the purposes of verifying identity and employment 
     eligibility during the employee verification process. Such 
     transmitted fingerprints may not be used for any other 
     purpose. This provision does not alter any other provisions 
     regarding the use of non-fingerprint information in the EEVS.
       (d) Safeguarding of Fingerprint Information.--The 
     Secretary, subject to specifications and limitations set 
     forth under this section and other relevant provisions of 
     this Act, shall be responsible for safely and securely 
     maintaining and storing all fingerprints submitted under this 
     program.

     SEC. 308. RESPONSIBILITIES OF THE SOCIAL SECURITY 
                   ADMINISTRATION.

       Section 205(c)(12) of the Social Security Act, 42 U.S.C. 
     405(c)(2), is amended by adding at the end the following new 
     subparagraphs:
       ``(I) Responsibilities of the commissioner of social 
     security.--
       ``(i) As part of the verification system, the Commissioner 
     of Social Security shall, subject to the provisions of 
     section 274A(d) of the Immigration and Nationality Act, 
     establish reliable, secure method that, operating through the 
     EEVS and within the time periods specified in section 274A(d) 
     of the Immigration and Nationality Act:
       ``(1) compares the name, social security account number and 
     available citizenship information provided in an inquiry 
     against such information maintained by the Commissioner in 
     order to confirm (or not confirm) the validity of the 
     information provided regarding an individual whose identity 
     and employment eligibility must be confirmed;
       ``(2) the correspondence of the name, number, and any other 
     identifying information;
       ``(3) whether the name and number belong to an individual 
     who is deceased;
       ``(4) whether an individual is a national of the United 
     States (when available); and
       ``(5) whether the individual has presented social security 
     account number that is not valid for employment.
       The EEVS shall not disclose or release social security 
     information to employers through the confirmation system 
     (other than such confirmation or nonconfirmation).
       ``(ii) Social security administration database 
     improvements.--For purposes of preventing identity theft, 
     protecting employees, and reducing burden on employers, and 
     notwithstanding section 6103 of title 26, United States Code, 
     the Commissioner of Social Security in consultation with the 
     Secretary, shall review the Social Security Administration 
     databases and information technology to identify any 
     deficiencies and discrepancies related to name, birth date, 
     citizenship status, or death records of the social security 
     accounts and social security account holders likely to 
     contribute to fraudulent use of documents, or identity theft, 
     or to affect the proper functioning of the EEVS and shall 
     correct any identified errors. The Commissioner shall ensure 
     that a system for identifying and correcting such 
     deficiencies and discrepancies is adopted to ensure the 
     accuracy of the Social Security Administration's databases.
       ``(iii) Notification to `freeze' use of social security 
     number.--The Commissioner of Social Security in consultation 
     with the Secretary of Homeland Security, shall establish a 
     secure process whereby an individual can request that the 
     Commissioner preclude any confirmation under the EEVS based 
     on that individual's Social Security number until it is 
     reactivated by that individual.''

     SEC. 309. IMMIGRATION ENFORCEMENT SUPPORT BY THE INTERNAL 
                   REVENUE SERVICE AND THE SOCIAL SECURITY 
                   ADMINISTRATION.

       (a) Tightening Requirements for the Provision of Social 
     Security Numbers on Form W-2 Wage and Tax Statements.--
        Section 6724 of the Internal Revenue Code of 1986 
     (relating to waiver; definitions and special rules) is 
     amended by adding at the end the following new subsection:
       ``(f) Special rules with respect to social security numbers 
     on withholding exemption certificates.
       ``(l) Reasonable cause waiver not to apply.
       Subsection (a) shall not apply with respect to the social 
     security account number of an employee furnished under 
     section 6051 (a)(2).
       ``(2) Exception.--``(A) In general.--Except as provided in 
     subparagraph (B), [paragraph (1)] shall not apply in any case 
     in which the employer--
       ``(i) receives confirmation that the discrepancy described 
     in section 205(c)(2)(I) of the Social Security Act has been 
     resolved, or
       ``(ii) corrects a clerical error made by the employer with 
     respect to the social security account number of an employee 
     within 60 days after notification under section 205(c)(2)(1) 
     of the Social Security Act that the social security account 
     number contained in wage records provided to the Social 
     Security Administration by the employer with respect to the 
     employee does not match the social security account number of 
     the employee contained in relevant records otherwise 
     maintained by the Social Security Administration.
       ``(B) Exception not applicable to frequent offenders. 
     Subparagraph (A) shall not apply--
       ``(i) in any case in which not less than 50 of the 
     statements required to be made by an employer pursuant to 
     section 6051 either fail to include an employee's social 
     security account number or include an incorrect social 
     security account number, or
       ``(ii) with respect to any employer who has received 
     written notification under section 205(c)(2)(1) of the Social 
     Security Act during each of the 3 preceding taxable years 
     that the social security account numbers in the wage records 
     provided to the Social Security Administration by such 
     employer with respect to 10 more employees do not match 
     relevant records otherwise maintained by the Social Security 
     Administration.''
       (b) Enforcement.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of Homeland Security, shall 
     establish a unit within the Criminal Investigation office of 
     the Internal Revenue Service to investigate violations of the 
     Internal Revenue Code of 1986 related to the employment of 
     individuals who are not authorized to work in the United 
     States.
       (2) Special agents; support staff.--The Secretary of the 
     Treasury shall assign to the unit a minimum of 10 full-time 
     special agents and necessary support staff and is authorized 
     to employ up to 200 full time special agents for this unit 
     based on investigative requirements and work load.
       (3) Reports.--During each of the first 5 calendar years 
     beginning after the establishment of such unit and biennially 
     thereafter, the unit shall transmit to Congress a report that 
     describes its activities and includes the number of 
     investigations and cases referred for prosecution.
       (c) Increase in Penalty on Employer Failing To File Correct 
     Information Returns.--Section 6721 of such Code (relating to 
     failure to file correct information returns) is amended as 
     follows--
       (1) in subsection (a)(1)--
       (A) by striking ``$50'' and inserting ``$200'', and
       (B) by striking ``$250,000'' and inserting ``$1,000,000'',
       (2) in subsection (b)(1)(A), by striking ``$15 in lieu of 
     $50'' and inserting ``$60 in lieu of $200'',
       (3) in subsection (b)(l)(B), by striking ``$75,000'' and 
     inserting ``$300,000'',
       (4) in subsection (b)(2)(A), by striking ``$30 in lieu of 
     $50'' and inserting ``$120 in lieu of $200'',
       (5) in subsection (b)(2)(B), by striking ``$150,000'' and 
     inserting ``$600,000'',
       (6) in subsection (d)(A) in paragraph (1)--
       (i) by striking `` `$100,000' for `$250,000' '' and 
     inserting `` `$400,000' for `$1,000,000' '' in subparagraph 
     (A),
       (ii) by striking `` `$25,000' for `$75,000' '' and 
     inserting `` `$100,000' for `$300,000' '' in subparagraph 
     (B), and
       (iii) by striking `` `$50,000' for `$150,000' '' and 
     inserting `` `$200,000' for `$600,000' '' in subparagraph 
     (C),
       (B) in paragraph (2)(A), by striking ``$5,000,000'' and 
     inserting ``$2,000,000'', and
       (C) in the heading, by striking ``$5,000,000'' and 
     inserting ``$2,000,000'',
       (7) in subsection (e)(2)--
       (A) by striking ``$100'' and inserting ``$400'',
       (B) by striking ``$25,000'' and inserting ``$100,000'' in 
     subparagraph (C)(i), and
       (C) by striking ``$100,000'' and inserting ``$400,000'' in 
     subparagraph (C)(ii), and
       (8) in subsection (e)(3)(A), by striking ``$250,000'' and 
     inserting ``$1,000,000''.
       (d) Effective Date.--The amendments made by subsections (b) 
     and (c) shall apply to failures occurring after December 31, 
     2006.

     SEC. 310. AUTHORIZATION OF APPROPRIATIONS

       (a) There are authorized to be appropriated to the 
     Secretary of Homeland Security such sums as may be necessary 
     to carry out the provisions of this Act, and the amendments 
     made by this Act, including the following appropriations:
       (1) In each of the five years beginning on the date of the 
     enactment of this Act, the appropriations necessary to 
     increase to a level not less than 4500 the number of 
     personnel of the Department of Homeland Security assigned 
     exclusively or principally to an office or offices dedicated 
     to monitoring and enforcing compliance with sections 274A and 
     274C of the Immigration and Nationality Act (8 U.S.C. 1324a 
     and 1324c), including compliance with the requirements of the 
     EEVS. These personnel shall perform the following compliance 
     and monitoring activities:
       (A) verify Employment Identification Numbers of employers 
     participating in the EEVS;
       (B) verify compliance of employers participating in the 
     EEVS with the requirements for participation that are 
     prescribed by the Secretary;

[[Page S6650]]

       (C) monitor the EEVS for multiple uses of Social Security 
     Numbers and any immigration identification numbers for 
     evidence that could indicate identity theft or fraud;
       (D) monitor the EEVS to identify discriminatory practices;
       (E) monitor the EEVS to identify employers who are not 
     using the system properly, including employers who fail to 
     make appropriate records with respect to their queries and 
     any notices of confirmation, nonconfirmation, or further 
     action;
       (F) identify instances where employees allege that an 
     employer violated their privacy rights;
       (G) analyze and audit the use of the EEVS and the data 
     obtained through the EEVS to identify fraud trends, including 
     fraud trends across industries, geographical areas, or 
     employer size;
       (H) analyze and audit the use of the EEVS and the data 
     obtained through the EEVS to develop compliance tools as 
     necessary to respond to changing patterns of fraud;
       (I) provide employers with additional training and other 
     information on the proper use of the EEVS;
       (J) perform threshold evaluation of cases for referral to 
     the U.S. Immigration and Customs Enforcement and to liaise 
     with the U.S. Immigration and Customs Enforcement with 
     respect to these referrals;
       (K) any other compliance and monitoring activities that, in 
     the Secretary's judgment, are necessary to ensure the 
     functioning of the EEVS;
       (L) investigate identity theft and fraud detected through 
     the EEVS and undertake the necessary enforcement actions;
       (M) investigate use of fraudulent documents or access to 
     fraudulent documents through local facilitation and undertake 
     the necessary enforcement actions;
       (N) provide support to the U.S. Citizenship and Immigration 
     Services with respect to the evaluation of cases for referral 
     to the U.S. Immigration and Customs Enforcement;
       (O) perform any other investigations that, in the 
     Secretary's judgment, are necessary to ensure the functioning 
     of the EEVS, and undertake any enforcement actions necessary 
     as a result of these investigations.
       (2) The appropriations necessary to acquire, install and 
     maintain technological equipment necessary to support the 
     functioning of the EEVS and the connectivity between U.S. 
     Citizenship and Immigration Services and the U.S. Immigration 
     and Customs Enforcement with respect to the sharing of 
     information to support the EEVS and related immigration 
     enforcement actions.
       (b) There are authorized to be appropriated to Commissioner 
     of Social Security such sums as may be necessary to carry out 
     the provisions of this Act, including Section 308 of this 
     Act.
                 TITLE IV--NEW TEMPORARY WORKER PROGRAM
   SUBTITLE A--SEASONAL NON-AGRICULTURAL AND YEARROUND NONIMMIGRANT 
                           TEMPORARY WORKERS

     SEC. 401. NONIMMIGRANT TEMPORARY WORKER.

       (a) In General--Section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
       (1) in subparagraph (H)--
       (A) by striking subclause (ii)(b);
       (B) by striking `or (iii)' and inserting ``(iii'');
       (C) by striking and the alien spouse' and inserting or
       (iv) the alien spouse';
       (2) by striking `or' at the end of subparagraph (U);
       (3) by striking the period at the end of subparagraph (V) 
     and inserting semi-colon; and
       (4) by inserting at the end the following new 
     subparagraphs--
       ``(W) [Reserved];
       ``(X) [Reserved]; or
       ``(Y) subject to section 218A, an alien having a residence 
     in a foreign country which the alien has no intention of 
     abandoning and who is coming temporarily to the United 
     States--
       ``(i) to perform temporary labor or services other than the 
     labor or services described in clause (i)(b), (i)(bl), 
     (i)(c), or (iii) of subparagraph of (H), subparagraph (D), 
     (E), (I), (L), (O), (P), or (R), or section 214(e) (if United 
     States workers who are able, willing, and qualified to 
     perform such labor or services cannot be found in the United 
     States);
       (ii) to perform seasonal non-agricultural labor or 
     services; or
       ``(iii) as the spouse or child of an alien described in 
     clause (i) or (ii) of this subparagraph.''
       (b) References.--All references in the immigration laws as 
     amended by this Title to section 101(a)(15)(H)(ii)(b) of the 
     Immigration and Nationality Act shall be considered reference 
     to both that section of the Act and to section (a)(15)(Y)(ii) 
     of the Act.
       (c) Effective Date.--The effective date of the amendment 
     made by subparagraph (l)(A) of subsection (a) shall be the 
     date on which the Secretary of Homeland Security makes the 
     certification described in section l(a) of this Act.

     SEC. 402. ADMISSION OF NONIMMIGRANT WORKERS.

       (a) New Workers--Chapter 2 of title II of the Act (8 U.S.C. 
     1181 et seq.) is amended by striking section 218 and 
     inserting the following:

     ``SEC. 218A. ADMISSION OF NONIMMIGRANTS.

       ``(a) Applicatian Procedures.--
       ``(1) Labor Certification.--The Secretary of Labor shall 
     prescribe by regulation the procedures for a United States 
     employer to obtain a labor certification of a job opportunity 
     under the terms set forth in section 218B.
       ``(2) Petition.--The Secretary of Homeland Security shall 
     prescribe by regulation the procedures for a United States 
     employer to petition to the Secretary of Homeland Security 
     for authorization to employ an alien as a Y nonimmigrant 
     worker and violance for such authorization under the terms 
     set forth in subsection (c).
       (3)Y Nonimmigrant Visa.--The Secretary of State and the 
     Secretary of Homeland Security, as appropriate, shall 
     prescribe by regulation the procedures for an alien to apply 
     for a Y nonimmigrant visa and the evidence required to 
     demonstrate eligibility for such visa under the terms set 
     forth in subsection (e).
       ``(4) Regulations.--The regulations referenced in 
     paragraphs (1), (2), and (3) shall describe, at a minimum--
       ``(A) the procedures for collection and verification of 
     biometric data from an alien seeking a Y nonimmigrant visa or 
     admission in Y nonimmigrant status; and
       ``(B) the procedure and standards for validating an 
     employment arrangement between a United States employer and 
     an alien seeking a visa or admission described in (A).
       ``(b) Application for Certification of a Job Opportunity 
     Offered to Y Nonimmigrant Workers.--An employer desiring to 
     employ a Y nonimmigrant worker shall, with respect to a 
     specific opening that the employer seeks to fill with such a 
     Y nonimmigrant, submit an application for labor certification 
     of the job opportunity filed in accordance with the 
     procedures established by section 218B.
       ``(c) Petition to Employ Nonimmigrant Workers.--
       ``(1) In general.--An employer that seeks authorization to 
     employ a Y nonimmigrant worker must file a petition with the 
     Secretary of Homeland Security. The petition must be 
     accompanied by--
       ``(A) evidence that the employer has obtained certification 
     under section 218B from the Secretary of Labor for the 
     position sought to be filled by a Y nonimmigrant worker and 
     that such certification remains valid;
       ``(B) evidence that the job offer was and remains valid;
       ``(C) the name and other biographical information of the 
     alien beneficiary and any accompanying spouse or child; and
       ``(D) any biometrics from the beneficiary that the 
     Secretary of Homeland Security may require by regulation.
       ``(2) Timing of filing.--
       ``(A) In general.--A petition under this subsection must be 
     filed with the Secretary of Homeland Security within 180 days 
     of the date of certification under section 218B by the 
     Secretary of Labor of the job opportunity.
       ``(B) Expiration of Certification.--If a labor 
     certification is not filed in support of petition under this 
     subsection with the Secretary of Homeland Security within 180 
     days of the date of certification by the Secretary of Labor, 
     then the certification expires and may not support a Y 
     nonimmigrant petition or be the basis for nonimmigrant visa 
     issuance.
       ``(3) Ability to request documentation.--The Secretary of 
     Homeland Security may request information to verify the 
     attestations the employer made during the labor certification 
     process, and any other fact relevant to the adjudication of 
     the petition.
       ``(4) Adjudication of petition.--
       ``(A) Post-adjudication action.--After review of the 
     petition, if the Secretary--
       ``(i) is satisfied that the petition meets all of the 
     requirements of paragraph (1), and any other requirements the 
     Secretary has prescribed in regulations, he may approve the 
     petition and by fax, cable, electronic, or any other means 
     assuring expedited delivery--
       ``(I) transmit copy of the notice of action on the petition 
     to the petitioner; and
       ``(II) in the case of approved petitions, transmit notice 
     of the approval to the Secretry of State;
       ``(ii) finds that the employer is not eligible or that the 
     petition is otherwise not approvable, the Secretary may--
       ``(I) deny the petition without seeking additional evidence 
     and inform the petitioner--
       ``(aa) that the petition was denied and the reason for the 
     denial;
       ``(bb) of any available process for administrative appeal 
     of the decision; and
       .``(cc) that the denial is without prejudice to the filing 
     of any subsequent petitions, except as provided in section 
     218B(e)(4);
       ``(II) issue a request for documentation of the 
     attestations or any other information or evidence that is 
     material to the petition; or
       ``(III) audit, investigate or otherwise review the petition 
     in such manner as he may determine and refer evidence of 
     fraud to appropriate law enforcement agencies based on the 
     audit information.
       (B) Validity of approved petition.--An approved petition 
     shall have the same period of validity as the certification 
     described in subsection (c)(l)(A) and expire on the same date 
     that the certification expires, except that the Secretary of 
     Homeland Security may terminate in his discretion an approved 
     petition--
       ``(i) when he determines that any material fact, including, 
     but not limited to the proffered wage rate, the geographic 
     location of employment, or the duties of the position, has 
     changed in way that would invalidate the recruitment actions; 
     or

[[Page S6651]]

       ``(ii) when he or the Secretary of Labor makes a finding of 
     fraud or misrepresentation concerning the facts on the 
     petition or any other representation made by the employer 
     before the Secretary of Labor or Secretary of Homeland 
     Security.
       ``(C) Administrative review.--The Secretary of Homeland 
     Security shall authorize a single level of administrative 
     review with the United States Citizenship and Immigration 
     Services Administrative Appeals Office of a petition denial 
     or termination.
       ``(d) Authorization To Grant Y Nonimmigrant Visa--
       (1) In general.--Consular officer may grant a single-entry 
     temporary visa to a Y 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), (i)(b1), 
     (i)(c), or (iii) of section 101(a)(15)(H), subparagraph (D), 
     (E), (I), (L), (O), (P), or (R) of section 101(a)(15), or 
     section 214(e) (if United States workers who are able, 
     willing, and qualified to perform such labor or services 
     cannot be found in the United States).
       ``(2) Applicants from canada.--Notwithstanding any waivers 
     of the visa requirement under section 212(a)(7)(B)(i)(II), a 
     national of Canada seeking admission as a Y nonimmigrant will 
     be inadmissible if not in possession of--
       ``(I) a valid Y nonimmigrant visa; or
       (II) documentation of a nonimmigrant status, as described 
     in subsection (m).
       ``(e) Requirements for Admission.--An alien shall be 
     eligible for 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 described in section 
     101(a)(15)(Y)(i) or (Y)(ii).
       ``(2) Evidence of employment offer.--The alien's evidence 
     of employment shall be provided in accordance with the 
     requirements issued by the Secretary of State, in 
     consultation with the Secretary of Labor. In carrying out 
     this paragraph, the Secretary may consider evidence from 
     employers, employer associations, and labor representatives.
       ``(3) Fees.--
       ``(A) Processing fees.--An alien making an application for 
     a Y nonimmigrant visa shall be required to pay, in addition 
     to any fees charged by the Department of State for processing 
     and adjudicating such visa application, a processing fee in 
     an amount sufficient to recover the full cost to the 
     Secretary of Homeland Security of administrative and other 
     expenses associated with processing the alien's participation 
     in the Y nonimmigrant program, including the costs of 
     production of documentation of evidence under subsection (m).
       ``(B) State impact fee.--Aliens making an application for a 
     Y-1 nonimmigrant visa shall pay a state impact fee of $500 
     and an additional $250 for each dependent accompanying or 
     following to join the alien, not to exceed $1500 per family.
       ``(C) Deposit and spending of fees.--The processing fees 
     under subparagraph (A) shall be deposited and remain 
     available until expended as provided by sections 286(m) and 
     (n).
       ``(D) Deposit and disposition of state impact assistance 
     funds.--The funds described in subparagraph (B) shall be 
     deposited and remain available as provided by section 286(x).
       ``(E) Construction.--Nothing in this paragraph shall be 
     construed to affect consular procedures for collection of 
     machine-readable visa fees or reciprocal fees for the 
     issuance of the visa.
       ``(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 of State a completed application, which contains 
     evidence that the requirements under paragraphs (1) and (2) 
     have been met.
       ``(B) Content.--In addition to any other information that 
     the Secretary requires to determine an alien's eligibility 
     for Y nonimmigrant status, the Secretary of State shall 
     require an alien to provide information concerning the 
     alien's--
       ``(i) physical and mental health;
       ``(ii) criminal history, including all arrests and 
     dispositions, 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.
       ``(6) Must not be ineligible.--The alien must not fall 
     within a class of aliens ineligible for nonimmigrant status 
     listed under subsection (h).
       ``(7) Must not be inadmissible.--The alien must not be 
     inadmissible as a nonimmigrant to the United States under 
     section 212, except as provided in subsection (f).
       ``(8) Spousr or child of nonimmigrant.--An alien seeking 
     admission as a derivative Y-3 nonimmigrant must demonstrate, 
     in addition to satisfaction of the requirements of paragraphs 
     (2) through (6)--
       ``(A) that the annual wage of the principal Y nonimmigrant 
     paid by the principal nonimmigrant's U.S. employer, combined 
     with the annual wage of the principal Y nonimmigrant's spouse 
     where the Y-3 nonimmigrant is a child and the Y 
     nonimmigrant's spouse is a member of the principal Y 
     nonimmigrant's household, is equal to or greater than 150 
     percent of the U.S. poverty level for a household size equal 
     in size to that of the principal alien (including all 
     dependents, family members supported by the principal alien, 
     and the spouse or child seeking to accompany or join the 
     principal alien), as determined by the Secretary of Health 
     and Human Services for the fiscal year in which the spouse or 
     child's application for a nonimmigrant visa is filed; and
       ``(B) that the alien's cost of medical care is covered by 
     medical insurance, valid in the United States, carried by the 
     principal Y nonimmigrant alien, the principal Y 
     nonimmigrant's spouse (where the Y-3 nonimmigrant is a 
     child), or the principal Y nonimmigrant alien's employer.
       (f) Grounds of Inadmissibility.--
       (1) Waived grounds of inadmissibility.--In determining an 
     alien's admissibility as Y nonimmigrant, such alien shall be 
     found to be inadmissible if the alien would be subject to the 
     grounds of inadmissibility under section 601(d)(2).
       (2) Waiver.--The Secretary may In his discretion waive the 
     application of any provision of section 212(a) of the Act not 
     listed in paragraph (2) on behalf of an individual alien for 
     humanitarian purposes, to ensure family unity, or if such 
     waiver is otherwise in the public interest.
       (3) Construction.--Nothing in this subsection shall be 
     construed as affecting the authority of the Secretary 
     otherthan under this paragraph to waive the provisions of 
     section 212(a).
       (g) Background Checks.--The Secretary of Homeland Security 
     shall not admit, and the Secretary of State shall not issue a 
     visa to, an alien seeking Y nonimmigrant visa or status 
     unless all appropriate background checks have been completed 
     to the satisfaction of the Secretaries of State and Homeland 
     Security.
       (h) Grounds of Ineligibility.--
       (1) In general.--An alien is ineligible for Y nonimmigrant 
     visa or Y nonimmigrant status if the alien is described in 
     section 601(d)(1)(A), (D), (E), (F), or (G) of the [insert 
     Title of Act].
       (2) Ineligibility of derivative y-3 nonimmigrants.--An 
     alien is ineligible for Y-3 nonimmigrant status if the 
     principalnonimmigrant is ineligible under paragraph (1).
       (3) Applicability to grounds of inadmissibility.--Nothing 
     in this subsection shall be construed to limit the 
     applicability of any ground of inadmissibility under section 
     212.
       (i) Period of Authorized Admission.--
       (1) In general.--Aliens admitted to the United States as 
     nonimmigrants shall be granted the following periods of 
     admission:
       (A) Y-1 Nonimmigrants.--Except as provided in (2), aliens -
     granted admission as Y-1 nonimmigrants shall be granted an 
     authorized period of admission of two years. Subject to 
     paragraph (4), such two-year period of admission may be 
     extended for two additional two-year periods.
       (B) Y-2B Nonimmigrants.--Aliens granted admission as Y-2B 
     nonimmigrants shall be granted an authorized period of 
     admission of 10 months.
       (2) Y-1 Nonimmigrants with Y-3 dependents.--A Y-1 
     nonimmigrant who has accompanying or following-to-join 
     derivative family members in Y-3 nonimmigrant status shall be 
     limited to two two-year periods of admission. If the family 
     members accompany the Y-1 nonimmigrant during the alien's 
     first period of admission the family members may not 
     accompany or join the Y-1 nonimmigrant during the alien's 
     second period of admission. If the Y-1 nonimmigrant's family 
     members accompany or follow to join the Y-1 nonimmigrant 
     during the alien's second period of admission, but not his 
     first period of admission, then the Y-1 nonimmigrant shall 
     not be granted any additional periods of admission in 
     nonimmigrant status. The period of authorized admission of Y-
     3 nonimmigrant shall expire on the same date as the period of 
     authorized admission of the principal Y-1 nonimmigrant 
     worker.
       ``(3) Supplementary periods.--
       (Each period of authorized admission described in paragraph 
     (1) shall be 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 worksite and, except where such 
     period of authorized admission has been terminated under 
     subsection (j), a period of 14 days following the period of 
     employment for the purpose of departure or extension based 
     onsubsequent 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 the maximum applicable period of 
     admission under paragraph (1).
       (4) Extensions of the period of admission.--

[[Page S6652]]

       (A) In general.--The periods of authorized admission 
     described in paragraph (1) may not, except as provided in 
     subparagraph (C)(2) of paragraph (1), be extended beyond the 
     maximum period of admission set forth in that paragraph.
       (B) Extension of y-1 nonimmigrant status.--Y-1 nonimmigrant 
     described in paragraph (l)(A) who has spent 24 months in the 
     United States in Y-1 nonimmigrant status may not seek 
     extension or be readmitted to the United States asY-1 
     nonimmigrant unless the alien has resided and been physically 
     present outside the United States for the immediate prior 12 
     months.
       (5) Limitation on admission.--
       (A) Y-1 Nonimmigrants.--An alien who has been admitted to 
     the United States in Y-1 nonimmigrant status for a period of 
     two years under paragraph (l)(B), or as the Y-3 nonimmigrant 
     spouse or child of such Y-1 nonimmigrant, may not be 
     readmitted to the United States as Y-1 or Y-3 nonimmigrant 
     after expiration of such period of authorized admission, 
     regardless of whether the alien was employed or present in 
     the United States for all orpart of such period.
       (B) Y-2B Nonimmigrants.--An alien who has been admitted to 
     the United States in Y-2B nonimmigrant status may not, after 
     expiration of the alien's period of authorized admission, be 
     readmitted to the United States as Y nonimmigrant after 
     expiration of the alien's period of authorized admission, 
     regardless of whether the alien was employed or present in 
     the United States for all or only part of such period, unless 
     the alien has resided and been physically present outside the 
     United States for the immediately preceding two months.
       (C) Readmission with new employment.--Nothing in this 
     paragraph shall be construed to preventY nonimmigrant, whose 
     period of authorized admission has not yet expired or been 
     terminated under subsection (j), and who leaves the United 
     States in a timely fashion after completion of the employment 
     described in the petition of the nonimmigrant's most recent 
     employer, from reentering the United States asY nonimmigrant 
     to work fornew employer, if the alien and the new employer 
     have complied with all applicable requirements of this 
     section and section 218B.
       (6) International commuters.--An alien who maintains actual 
     residence and place of abode outside the United States and 
     commutes, on days the alien is working, into the United 
     States to work as Y-l nonimmigrant, shall be granted an 
     authorized period of ad mission of three years. The 
     limitations described in paragraphs (3) and (4) shall not 
     apply to commuters described in this paragraph.
       ``(j) Termination.--
       (1) In general.--The period of authorized admission of a Y 
     nonimmigrant shall terminate immediately if:
       (A) the Secretary of Homeland Security determines that the 
     alien was not eligible for such Y nonimmigrant status at the 
     time of visa application or admission;
       (B) (i) the alien commits an act that makes the alien 
     removable from the United States 2317;
       (ii) the alien becomes inadmissible under section 212 
     (except as provided in subsection (f)); or
       (iii) the alien becomes ineligible under subsection (h) ;
       (C) the alien uses the documentation of his or her Y 
     nonimmigrant status issued under subsection (m) for unlawful 
     or fraudulent purposes;
       ``(D) subject to paragraph (2), the alien is unemployed 
     within the United States for--
       (i) 60 or more consecutive days;
       ``(ii) in the case of a Y-1 nonimmigrant, an aggregate 
     period of 120 days, provided that the alien's 14-day period 
     to lawfully depart the United States shall not be considered 
     to begin until the date that the alien has been provided 
     notice of the termination; or
       ``(iii) in the case of a Y-2B nonimmigrant, an aggregate 
     period of 30 days, provided that the alien's 14-day period to 
     lawfully depart the United States shall not be considered to 
     begin until the date that the alien has been provided notice 
     of the termination;
       ``or;
       ``(E) the alien is a Y-3 nonimmigrant whose spouse or 
     parent in Y-1 nonimmigrant status is an alien described in 
     subparagraphs (A), (B), (C), or (D).
       ``(2) Exception.--The period of authorized admission of a Y 
     nonimmigrant shall not terminate for unemployment under 
     subparagraph (1)(D) if the alien submits documentation to the 
     Secretary of Homeland Security that establishes that such 
     unemployment was caused by--
       ``(A) 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;
       ``(B) a period of vacation, medical leave, maternity leave, 
     or similar leave from employment authorized by employer 
     policy, State law, or Federal law; or
       ``(C) any other period of temporary unemployment that is 
     the direct result of a force majeure event.
       ``(3) Return to foreign residence.--Any alien whose period 
     of authorized admission terminates under paragraph (1) shall 
     be required to leave the United States immediately and 
     register such departure at a designated port of departure in 
     a manner to be prescribed by the Secretary.
       ``(4) Invalidation of documentation.--Any documentation 
     that is issued by the Secretary of Homeland Security under 
     subsection (m) to any alien, whose period of authorized 
     admission terminates under paragraph (1), shall automatically 
     be rendered invalid for any purpose except departure.
       ``(k) Visits Outside the United States.--
       ``(A) In general.--Under regulations established by the 
     Secretary of Homeland Security, a Y nonimmigrant--
       ``(i) may travel outside of the United States; and
       ``(ii) may be readmitted for a period not more than the 
     remaining time left until the alien accrues the maximum 
     period of admission set forth in subsection (i), and without 
     having to obtain a new visa if:
       ``(A) the period of authorized admission has not expired or 
     been terminated;
       ``(B) the alien is the bearer of valid documentary evidence 
     of Y nonimmigrant status that satisfies the conditions set 
     forth in subsection (m); and
       ``(C) the alien is not subject to the bars on extension or 
     admission described in subsection (l).
       ``(B) Effect on period of authorized admission.--Time spent 
     outside the United States under subparagraph (A) shall not 
     extend the most recent period of authorized admission in the 
     United States.
       ``(l) Bars to extension or admission.--An alien may not be 
     granted Y nonimmigrant 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, except 
     for those grounds previously waived under subsection (f); or
       ``(C) the granting of such status would allow the alien to 
     exceed limitations on stay in the United States in Y status 
     described in subsection (i).
       ``(m) Evidence of Nonimmigrant Status.--Each Y nonimmigrant 
     shall be issued documentary evidence of nonimmigrant status, 
     which--
       ``(1) shall be machine-readable, tamper-resistant, and 
     shall contain a digitized photograph and other biometric 
     identifiers that can be authenticated;
       ``(2) shall, during the alien's authorized period of 
     admission under subsection (i), 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;
       ``(3) 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
       ``(4) shall be issued to the Y nonimmigrant by the 
     Secretary of Homeland Security promptly after such alien's 
     admission to the United States as a nonimmigrant and 
     reporting to the employer's worksite under subsection (q) or, 
     at the discretion of the Secretary of Homeland Security, may 
     be issued by the Secretary of State at consulate instead of a 
     visa.
       ``(n) Permanent Bars for Overstays.--
       ``(1) In general.--Any Y nonimmigrant who remains beyond 
     his or her initial authorized period of admission is 
     permanently barred from any future benefits under the 
     immigration laws, except--
       ``(A) asylum under section 208(a);
       ``(B) withholding of removal, under section 241(b)(3); or
       ``(C) protection under the Convention Against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984.
       ``(2) Exception.--Overstay of the authorized period of 
     admission may be excused in the discretion of the Secretary 
     where it is demonstrated that:
       ``(A) the period of overstay was due to extraordinary 
     circumstances beyond the control of the applicant, and the 
     Secretary finds the period commensurate with the 
     circumstances; and
       ``(B) the alien has not otherwise violated his Y 
     nonimmigrant status.
       ``(o) Penalty for Illegal Entry or Overstay.--
       ``(1) Illegal entry.--Any alien who after the date of the 
     enactment of this section, unlawfully enters, attempts to 
     enter, or crosses the border, and is physically present in 
     the United States after such date in violation of the 
     immigration laws, is barred permanently from any future 
     benefits under the immigration laws, except as provided in 
     paragraph (3) or (4).
       ``(2) Overstay.--Any alien, other than a Y nonimmigrant, 
     who, after the date of the enactment of this section remains 
     unlawfully in the United States beyond the period of 
     authorized admission, is barred for a period of ten years 
     from any future benefits under the immigration laws, except 
     as provided in paragraph (3) or (4).
       ``(3) Relief.--Notwithstanding the bar in paragraph (1) or 
     (2), an alien may apply for--
       ``(A) asylum under section 208(a);
       (B) withholding of removal under section 241(b)(3); or
       ``(C) protection under the Convention Against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984.
       ``(4) Exception.--Overstay of the authorized period of 
     admission may be excused in

[[Page S6653]]

     the discretion of the Secretary where it is demonstrated 
     that:
       ``(A) the period of overstay was due to extraordinary 
     circumstances beyond the control of the applicant, and the 
     Secretary finds the period commensurate with the 
     circumstances; and
       ``(B) the alien has not otherwise violated his nonimmigrant 
     status.
       ``(p) Portability.--A Y nonimmigrant worker, who was 
     previously issued a visa or otherwise provided Y nonimmigrant 
     status, may accept a new offer of employment with a 
     subsequent employer, if--
       ``(1) the position being offered the Y nonimmigrant has 
     been certified by the Secretary of Labor under section 218B 
     and the employer complies with all requirements of this 
     section and section 218B;
       ``(2) the alien, after lawful admission to the United 
     States, did not work without authorization; and
       ``(3) the subsequent employer has notified the Secretary of 
     Homeland Security under subsection (q) of the Y 
     nonimmigrant's change of employment.
       ``(q) Reporting of Start and Termination of Employment.--
       ``(1) Start of y worker employment.--A Y nonimmigrant shall 
     report in the manner prescribed by the Secretary of Homeland 
     Security to the employer whose job offer was the basis for 
     issuance of the alien's Y nonimmigrant visa within 7 days of 
     admission into the United States.
       ``(2) Employer notification requirement.--An employer shall 
     within three days make notification in the manner prescribed 
     by the Secretary of Homeland Security, of the following 
     events:
       ``(A) a Y nonimmigrant worker has reported for work 
     pursuant to paragraph (1) after admission in Y nonimmigrant 
     status;
       ``(B) a Y nonimmigrant worker has changed jobs under 
     subsection (r) and started employment with the employer;
       ``(C) the employment of a Y nonimmigrant worker has 
     terminated; or
       ``(D) a Y nonimmigrant worker on whose behalf the employer 
     has filed a petition under this subsection that has been 
     approved by the Secretary of Homeland Security has failed to 
     report for work within three days of the employment start 
     date agreed upon between the employer and the Y nonimmigrant.
       ``(3) Verification.--An employer shall provide upon request 
     of the Secretary of Homeland Security verification that an 
     alien who has been granted admission as a Y nonimmigrant 
     worker was or continues to be employed by the employer.
       ``(4) Fine.--Any employer that fails to comply with the 
     notification requirements of this subsection shall pay to the 
     Secretary of Homeland Security a fine, in an amount and under 
     procedures established by the Secretary in regulation.
       ``(r) No Threatening of Employees.--It shall be a violation 
     of this section for an employer who has filed a petition 
     under this section to threaten the alien beneficiary of such 
     petition with the withdrawal of such petition in retaliation 
     for the beneficiary's exercise of a right protected by 
     section 218B.
       ``(s) Change of Status.--
       ``(1) In general.--
       ``(A) A Y nonimmigrant may apply to change status to 
     another nonimmigrant status, subject to section 248 and if 
     otherwise eligible.
       ``(B) No alien admitted to the United States under the 
     immigration laws in a classification other than Y 
     nonimmigrant status may change status to Y nonimmigrant 
     status.
       ``(C) An alien in Y nonimmigrant status may not change 
     status to any other Y nonimmigrant status.
       ``(2) Construction.--Nothing in this subsection shall be 
     construed to prevent an alien who is precluded from changing 
     status to a particular Y nonimmigrant classification under 
     subparagraphs (l)(B), (C), or (D) from leaving the United 
     States and applying at a U.S. consulate for the desired 
     nonimmigrant visa, subject to all applicable eligibility 
     requirements; in the appropriate Y classification
       ``(t) Visitation of Y Nonimmigrant by Spouse or Child of 
     Without a Y-3 Nonimmigrant Visa.--Nothing in this section 
     shall be construed to prohibit the spouse or child of a Y 
     nonimmigrant worker to be admitted to the United States under 
     any other existing legal basis for which the spouse or child 
     may qualify.
       ``(u) Change of Address.--A Y nonimmigrant shall comply 
     with the change of address reporting requirements under 
     section 265 through electronic or paper notification.''
       (b) Conforming Amendment Regarding Creation of Treasury 
     Accounts.
       Section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356) is amended by inserting at the end the following 
     new subsections.--
       ``(w) Temporary Worker Program account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Temporary Worker Program Account''. Notwithstanding any 
     other section of this Act, there shall be deposited into the 
     account all fines and civil penalties collected under 
     sections 218A, 218B, or 218F and Title VI of [name of Act], 
     except as specifically provided otherwise in such sections.
       ``(2) Use of funds.--Amounts deposited into the Temporary 
     Worker Program Account shall remain available until expended 
     as follows:
       ``(A) for the administration of the Standing Commission on 
     Immigration and Labor Markets, established under section 409 
     of the [Insert title of Act]; and
       ``(B) after amounts needed by the Standing Commission on 
     Immigration and Labor Markets have been expended, for the 
     Secretaries of Labor and Homeland Security, as follows:
       ``(i) one-third to the Secretary of Labor to carry out the 
     Secretary of Labor's functions and responsibilities, 
     including enforcement of labor standards under sections 218A, 
     218B, and 218F, and under applicable labor laws including the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and 
     the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 
     et seq.). Such activities shall include random audits of 
     employers that participate in the Y visa program; and
       ``(ii) two-thirds to the Secretary of Homeland Security to 
     improve immigration services and enforcement.
       ``(x) State Impact Assistance Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``State Impact Assistant 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 sections 218A(e)(3)(B) 
     and section 601(e)(6)(C) of the [Insert title of Act].
       ``(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 subsection 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.
       ``(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), 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

[[Page S6654]]

     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.''
       (c) Clerical Amendment.--The table of contents 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 Y nonimmigrants.'.

     SEC. 403. GENERAL Y NONIMMIGRANT EMPLOYER OBLIGATIONS.

       (a) In General.--Title II (8 U.S.C. 1201 et seq.) is 
     amended by inserting after section 218A of the Immigration 
     and Nationality Act, as added by section 402, the following:

     ``SEC. 218B. GENERAL Y NONIMMIGRANT EMPLOYER OBLIGATIONS.

       ``(a) General Requirements.--Each employer who seeks to 
     employ a Y nonimmigrant shall--
       ``(1) file in accordance with subsection (b) an application 
     for labor certification of the position that the employer 
     seeks to fill with a Y nonimmigrant that contains--
       ``(A) the attestation described in subsection (c);
       ``(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) include with the application filed under paragraph 
     (1) 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; and
       ``(3) be required to pay, with respect to an application to 
     employ a Y-1 worker--
       ``(A) an application processing fee for each alien, in an 
     amount sufficient to recover the full cost to the Secretary 
     of Labor of administrative and other expenses associated with 
     adjudicating the application; and
       ``(B) a secondary fee, to be deposited in the Treasury in 
     accordance with section 286(x), of--
       ``(i) $500, in the case of an employer employing 25 
     employees or less;
       ``(ii) $750, in the case of an employer employing between 
     26 and 150 employees;
       ``(iii) $1000, in the case of an employer employing between 
     151 and 500 employees; or
       ``(iv) $1,250, in the case of an employer employing more 
     than 500 employees;

     provided that an employer who provides a Y nonimmigrant 
     health insurance coverage shall not be required to pay the 
     impact fee.
       ``(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 Y nonimmigrant is sought, each 
     employer of Y nonimmigrants shall comply with the following 
     requirements:
       ``(1) Efforts to recruit united states workers.--The 
     employer involved shall recruit United States workers for the 
     position for which labor certification is sought under this 
     section, by--
       ``(A) Not later than 90 days before the date on which an 
     application is filed under subsection (a)(1) submitting 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 designated state agency and--
       ``(i) authorizing the designated state agency to post the 
     job opportunity on the Internet website established under 
     section 414 of [Title of bill], with local job banks, and 
     with unemployment agencies and other labor referral and 
     recruitment sources pertinent to the job involved; and
       ``(ii) authorizing the designated state 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;
       ``(B) posting 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 
     for a period of time beginning not later than 90 days before 
     the date on which an application is filed under subsection 
     (a)(1) and ending no earlier than 14 days before such filing 
     date;
       ``(C) advertising the availability of the job opportunity 
     for which the employer is seeking a worker in one of the 
     three highest circulation publications in the labor market 
     that is likely to be patronized by a potential worker for not 
     fewer than 10 consecutive days during the period of time 
     beginning not later than 90 days before the date on which an 
     application is filed under subsection (a)(1) and ending no 
     earlier than 14 days before such filing date; and
       ``(D) advertising the availability of the job opportunity 
     in professional, trade, or ethnic publications that are 
     likely to be patronized by a potential worker, as recommended 
     by the designated state agency. The employer shall not be 
     required to advertise in more than three such recommended 
     publications.
       ``(2) Efforts to employ united states workers.--An employer 
     that seeks to employ a Y nonimmigrant shall first offer the 
     job with, at a minimum, the same wages, benefits, and working 
     conditions, to any eligible United States worker who applies, 
     is qualified for the job and is available at the time of 
     need.
       ``(3) Definition.--For purposes of this subsection, 
     `designated state agency' shall mean the state agency 
     designated to perform the functions in this subsection in the 
     area of employment in the State in which the employer is 
     located.
       ``(c) Application.--An application under this section for 
     labor certification of a position that an employer seeks to 
     fill with a Y nonimmigrant shall be filed with the Secretary 
     of Labor and shall include an attestation by the employer of 
     the following:
       ``(1) with respect to an application for labor 
     certification of a position that an employer seeks to fill 
     with a Y-1 or Y-2B nonimmigrant--
       ``(A) Protection of united states workers.--The employment 
     of a Y nonimmigrant--
       ``(i) will not adversely affect the wages and working 
     conditions of workers in the United States similarly 
     employed; and
       ``(ii) 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.
       ``(B) Wages.--
       ``(i) In general.--The Y nonimmigrant worker 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 competitive wage level for the 
     occupational classification in the area of employment, taking 
     into account experience and skill levels of employees.
       ``(ii) 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.
       ``(iii) Prevailing competitive wage level--For purposes of 
     subclause (i)(II), the prevailing competitive wage level 
     shall be determined as follows:
       ``(I) If the job opportunity is covered by a collective 
     bargaining agreement between a union and the employer, the 
     prevailing competitive 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 on a project 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 
     competitive wage level shall be the appropriate statutory 
     wage.
       ``(III)(aa) If the job opportunity is not covered by such 
     an agreement and it is not on a project 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 
     competitive 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 competitive wage level on data from another wage 
     survey approved by the state workforce agency under 
     regulations promulgated by the Secretary of Labor.
       ``(bb) Such regulations shall require, among other things, 
     that such surveys are statistically valid and recently 
     conducted.
       ``(D) 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 Y 
     nonimmigrant will be employed. If such strike, lockout, or 
     work stoppage occurs following submission of the application, 
     the employer will provide notification in accordance with 
     regulations promulgated by the Secretary of Labor.
       ``(E) Provision of insurance--If the position for which the 
     Y nonimmigrant is sought is not covered by the State workers' 
     compensation law, the employer will provide, at no cost to 
     the Y 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.
       ``(F) Notice to employees--
       ``(i) In general--The employer has provided notice of the 
     filing of the application to the bargaining representative of 
     the employer's employees in the occupational classification 
     and area of employment for which the Y nonimmigrant is 
     sought.
       ``(ii) No bargaining representative--If there is no such 
     bargaining representative, the employer has--
       ``(I) posted a notice of the filing of the application in a 
     conspicuous location at the place or places of employment for 
     which the Y nonimmigrant is sought; or
       ``(II) electronically disseminated such a notice to the 
     employer's employees in the occupational classification for 
     which the Y nonimmigrant is sought.
       ``(G) Recruitment--Except where the Secretary of Labor has 
     determined that there is

[[Page S6655]]

     a shortage of United States workers in the occupation and 
     area of intended employment for which the Y nonimmigrant is 
     sought--
       ``(i) 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 described 
     in the application; and
       ``(ii) 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 application was filed with the Department of Labor 
     and ending on the date that is 14 days before such filing 
     date; and
       ``(II) the wages that the employer would be required by law 
     to provide for the Y nonimmigrant were used in conducting 
     recruitment.
       ``(H) Ineligibility--The employer is not currently 
     ineligible from using the Y nonimmigrant program described in 
     this section.
       ``(I) Bonafide offer of employment--The job for which the Y 
     nonimmigrant is sought is a bona fide job--
       ``(i) for which the employer needs labor or services;
       ``(ii) which has been and is clearly open to any United 
     States worker; and
       ``(iii) for which the employer will be able to place the Y 
     nonimmigrant on the payroll.
       ``(J) Public availability and records retention--A copy of 
     each application filed under this section and documentation 
     supporting each attestation, in accordance with regulations 
     promulgated by the Secretary of Labor, will--
       ``(i) be provided to every Y nonimmigrant employed under 
     the petition;
       ``(ii) be made available for public examination at the 
     employer's place of business or work site;
       ``(iii) be made available to the Secretary of Labor during 
     any audit; and
       ``(iv) remain available for examination for 5 years after 
     the date on which the application is filed.
       ``(K) Notification upon separation from or transfer of 
     employment--The employer will notify the Secretary of Labor 
     and the Secretary of Homeland Security of a Y 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 section 
     218A(q)(2).
       ``(L) Actual need for labor or services--The application 
     was filed not more than 60 days before the date on which the 
     employer needed labor or services for which the Y 
     nonimmigrant is sought.
       ``(d) Audit of Attestations--
       ``(1) Referrals by secretary of homeland security--The 
     Secretary of Homeland Security shall refer all petitions 
     approved under section 218A 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.--In addition to any other applicable 
     penalties under law, the Secretary of Labor and the Secretary 
     of Homeland Security shall not, for the period described in 
     paragraph (2), approve an employer's petition or application 
     for a labor certification under any immigrant or nonimmigrant 
     program if the Secretary of Labor determines, after notice 
     and an opportunity for a hearing, that the employer 
     submitting such documents.--
       ``(A) has, with respect to the application required under 
     subsection (a), including 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;
       ``(C) has been convicted of any of the offenses codified in 
     Chapter 77 of Title 18 of the United States Code (slave 
     labor) or any conspiracy to commit such offenses, or any 
     human trafficking offense under state or territorial law;
       ``(D) has, within three years prior to the date of 
     application:
       ``(i) committed any hazardous occupation orders violation 
     resulting in injury or death under the child labor provisions 
     contained in section 12 of the Fair Labor Standards Act and 
     any regulation thereunder;
       ``(ii) been assessed a civil money penalty for any repeated 
     or willful violation of the minimum wage provisions of 
     section 6 of the Fair Labor Standards Act; or
       ``(iii) been assessed a civil money penalty for any 
     repeated or willful violation of the overtime provisions of 
     section 7 of the Fair Labor Standards Act or any regulations 
     thereunder, other than a repeated violation that is self-
     reported; or
       ``(E) has, within three years prior to the date of 
     application, received a citation for:
       ``(i) a willful violation; or
       ``(ii) repeated serious violations involving injury or 
     death of section 5 of the Occupational Safety and Health Act, 
     or any standard, rule, or order promulgated pursuant to 
     section 6 of the Occupational Safety and Health Act, or any 
     regulations prescribed pursuant to that. This subsection 
     shall also apply to equivalent violations of a plan approved 
     under section 18 of the Occupational Safety and Health Act.
       ``(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. However, an employer who has been convicted 
     of any of the offenses codified in Chapter 77 of Title 18 of 
     the United States Code (slave labor) or any conspiracy to 
     commit such offenses, or any human trafficking offense under 
     state or territorial law shall be permanently ineligible to 
     participate in the labor certification programs.
       ``(3) Employers in high unemployment areas.--The Secretary 
     of Labor may not approve any employer's application under 
     subsection (b) if the work to be performed by the Y 
     nonimmigrant is not agriculture based and is located in a 
     county where the unemployment rate during the most recently 
     completed year is more than 7 percent. An employer in a high 
     unemployment area may petition the Secretary for a waiver of 
     this provision. The Secretary shall promulgate regulations 
     for the expeditious review of such waivers, which shall 
     specify that the employer must satisfy the requirements of 
     section (b) above and in addition must provide documentation 
     of its recruitment efforts, including proof that it has 
     advertised the position in one of the three publications that 
     have the highest circulation in the labor market that is 
     likely to be patronized by a potential worker for not fewer 
     than 20 consecutive days under the rules and conditions set 
     forth in section (b). An employer who has provided proof of 
     advertising in accordance with this section shall be deemed 
     to be in compliance with the requirements of subsection 
     (b)(1)(D) of this section. The Secretary shall provide for a 
     process to promptly respond to all waiver requests, and shall 
     maintain on the Department of Labor's website an annual list 
     of counties to which this subsection applies.
       ``(4) Ineligibility for petitions.--The Secretary of Labor 
     shall inform the Secretary of Homeland Security of a 
     determination under paragraph (1) with respect to a specific 
     employer. The Secretary of Homeland Security shall not, for 
     the period described in paragraph (2), approve the petitions 
     or applications of any such employer for any immigrant or 
     nonimmigrant program, regardless of whether such application 
     or petition requires a labor certification.
       ``(f) Prohibition of Independent Contractors.--
       ``(1) Coverage.--Notwithstanding any other provision of 
     law--
       ``(A) a Y nonimmigrant is prohibited from being treated as 
     an independent contractor under any federal or state law;
       ``(B) no person, including an employer or labor contractor 
     and any persons who are affiliated with or contract with an 
     employer or labor contractor, may treat a Y nonimmigrant as 
     an independent contractor; and
       ``(C) this provision shall not be construed to prevent 
     employers who operate as independent contractors from 
     employing Y nonimmigrants as employees.
       ``(2) Applicability of laws.--A Y 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 
     Y nonimmigrant, an employer shall comply with all applicable 
     Federal, State, and local tax and revenue laws.
       ``(g) Whistleblower Protection.--
       ``(1) Prohibited activities.--It shall be unlawful for an 
     employer or labor contractor of a Y 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--
       ``(A) discloses information to the employer or any other 
     person that the employee or former employee reasonably 
     believes demonstrates a violation of this Act or [title of 
     bill]; or
       ``(B) cooperates or seeks to cooperate in an investigation 
     or other proceeding concerning compliance with the 
     requirements of this Act or [title of bill].
       ``(2) Rulemaking.--The Secretary of labor shall promulgate 
     regulations that establish a process by which a nonimmigrant 
     alien described in section 101(a)(15)(Y) or 101(a)(15)(H) who 
     files a nonfrivolous complaint (as defined by the Federal 
     Rules of Civil Procedure) regarding a violation of this Act, 
     [title of bill] or any other Federal labor or employment law, 
     or any other rule or regulation pertaining to such laws and 
     is otherwise eligible to remain and work in the United States 
     prior to the expiration of the maximum period of stay 
     authorized for that nonimmigrant classification for a period 
     of 120 consecutive days or such additional time period as the 
     Secretary shall determine through rulemaking is necessary to 
     collect information or take evidence from the nonimmigrant 
     alien regarding a complaint or agency investigation. This 
     period shall be allowed to exceed the maximum period of stay 
     authorized for that nonimmigrant classification if the 
     Secretary of labor has designated the nonimmigrant alien as a 
     necessary witness.
       ``(h) Labor Recruiters.--With respect to the employment of 
     Y nonimmigrant workers--

[[Page S6656]]

       ``(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 and of the 
     Trafficking Victims Protection Act of 2000, P.L. 106-486, 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 materially 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 and reasonable, 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 related to the requirements of this section 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 
     year, 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 
     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 (j) and (k). If a foreign labor 
     contractor who is an agent of an employer violates any 
     provision of this subsection when acting within the scope of 
     its agency, the employer shall be subject to remedies under 
     subsections (j) and (k). An employer shall not be subject to 
     remedies for violations committed by a foreign labor 
     contractor when such contractor is acting in direct 
     contravention of an express, written contractual provision 
     contained in the agreement between the employer and the 
     foreign labor contractor. An employer that violates a 
     provision of this subsection relating to employer obligations 
     shall be subject to remedies under subsections (j) and (k).
       ``(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 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) Waiver of rights prohibited.--Any nonimmigrant may 
     not be required to waive any rights or protections under this 
     Act. Nothing under this subsection shall be construed to 
     affect the interpretation of other laws.
       ``(j) Enforcement.--With respect to violations of the 
     provisions of this section relating to the employment of Y 
     nonimmigrant workers--
       ``(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 basis.--The Secretary of Labor shall 
     conduct an investigation under this subsection if there is 
     reasonable basis to believe that a violation of this section 
     has occurred. The process established under this subsection 
     shall provide that, not later than 30 days after a complaint 
     is filed, the Secretary shall determine if there is 
     reasonable cause to find such a violation.
       ``(4) Notice and hearing.--
       ``(A) In general.--Not later than 60 days after the 
     Secretary of Labor makes a determination of reasonable basis 
     under paragraph (3), 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 
     complaint under this subsection, does not offer the aggrieved 
     person or organization an opportunity for a hearing under 
     subparagraph (A), the Secretary shall notify the aggrieved 
     person or organization of such determination and the 
     aggrieved person or organization may seek a hearing on the 
     complaint under procedures established by the Secretary which 
     comply with the requirements of 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) Attorney's fees.--Complainant who prevails in an 
     action under this section with respect to a claim related to 
     wages or compensation for employment, or a claim for a 
     violation of subsection (j), shall be entitled to an award of 
     reasonable attorney's 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 (k); 
     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.

[[Page S6657]]

       ``(k) Penalties.--With respect to violations of the 
     provisions of this section relating to the employment of Y-1 
     or Y-2B nonimmigrants--
       ``(1) In general.--If, after notice and an opportunity for 
     a hearing, the Secretary of Labor finds a violation of this 
     section, 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. civil penalty--
       ``(A) for a violation of subsections (b) through (g)--
       ``(i) a fine in an amount not more than $2,000 per 
     violation per affected worker and $4,000 per violation per 
     affected worker for each subsequent violation;
       ``(ii) if the violation was willful, a fine in an amount 
     not more than $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 more than $25,000 per violation per affected 
     worker; and
       ``(B) for a violation of subsection (h)--
       ``(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.
       ``(C) for knowingly or recklessly failing to comply with 
     the terms of representations made in petitions, applications, 
     certifications, or attestations under any immigrant or 
     nonimmigrant program, or with representations made in 
     materials required by section (h) (concerning labor 
     recruiters)--
       ``(1) a fine in an amount not more than $4,000 per affected 
     worker; and
       ``(2) upon the occasion of a third offense of failure to 
     comply with representations, a fine in an amount not to 
     exceed $5,000 per affected worker and designation as an 
     ineligible employer, recruiter, or broker for purposes of any 
     immigrant or nonimmigrant program.
       ``(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.
       ``(I) Definitions--Unless otherwise provided, in this 
     section and section 218A:
       ``(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) representative authorized by a worker 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 Y 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) Convention against torture.--The term `Convention 
     Against Torture' shall refer to the United Nations Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment, subject to any reservations, 
     understandings, declarations, and provisos contained in the 
     United States Senate resolution of ratification of the 
     Convention, as implemented by section 2242 of the Foreign 
     Affairs Reform and Restructuring Act of 1998 (Pub. L. 105-
     277, 112 Stat. 2681, 2681-821).
       ``(4) Derivative y nonimmigrant.--The term `derivative' Y 
     nonimmigrant means an alien described at paragraph (Y)(iii) 
     of subsection 101(a)(15).
       ``(5) Eligible; eligible individual.--The term `eligible,' 
     when used with respect to an individual, or `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.
       ``(6) 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).
       ``(7) Felony.--The term `felony', with regard to a 
     conviction in a foreign jurisdiction, means a crime for which 
     sentence of one year or longer in prison may be imposed.
       ``(8) Force majeure event.--The term `force majeure event' 
     shall mean an event that is beyond the control of either 
     party, including, without limitation, hurricanes, 
     earthquakes, act of terrorism, war, fire, civil disorder or 
     other events of a similar or different kind.
       ``(9) 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.
       ``(10) 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 10 1(a)(15)(H)(ii)(c).
       ``(11) Full time.--The term `full time,' with respect to a 
     job in agricultural labor or services, means any job in which 
     the individual is employed 5.75 or more hours per day; and 
     for any job, means in any period of authorized admission or 
     portion of such period, employment or study for at least 90% 
     of the total number of work-hours in such period, calculated 
     at a rate of 1,575 work-hours per year (1,438 work-hours per 
     year for agricultural employment). Each credit-hour of study 
     shall be counted as the equivalent of 50 work-hours.
       ``(12) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary or seasonal full-time employment at 
     a place in the United States to which United States workers 
     can be referred.
       ``(B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(14) Misdemeanor.--The term `misdemeanor', with regard to 
     a conviction in a foreign jurisdiction, means a crime for 
     which a sentence of no more than 364 days in prison may be 
     imposed.
       ``(15) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under section 218B 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.
       ``(16) 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.
       ``(17) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(18) 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.
       ``(19) 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.''.
       ``(20) Y nonimmigrant; Y nonimmigrant worker
       ``(A) The term `Y nonimmigrant' means an alien admitted to 
     the United States under paragraph (Y)(i) or (Y)(ii) of 
     subsection 101(a)(15), or the spouse or child of such 
     nonimmigrant in derivative status under (Y)(iii);
       ``(B) The term `Y nonimmigrant worker' means an alien 
     admitted to the United States under paragraph (Y)(i) or 
     (Y)(ii) of subsection 101(a)(15); and
       ``(21) Y-1 nonimmigrant; Y-1 worker.--The term `Y-1 
     nonimmigrant' or `Y-1 worker' means an alien admitted to the 
     United States under paragraph (i) of subsection 
     101(a)(15)(Y).
       ``(23) Y-2B nonimmigrant; Y-2B worker.--The term `Y-2B 
     nonimmigrant' or `Y-2B worker' means an alien admitted to the 
     United States under paragraph (ii) of subsection 
     101(a)(15)(Y).
       ``(24) Y-3 nonimmigrant.--The term `Y-3 nonimmigrant' means 
     an alien admitted to the United States under paragraph (iii) 
     of subsection 101(a)(15)(Y).'
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 218A, as 
     added by section 402, the following:
``Sec. 218B. Employer obligations.''.
    Subtitle B--Seasonal Agricultural Nonimmigrant Temporary Workers

     SEC. 404. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

       (a) In General.--Title II of the Immigration and 
     Nationality Act (8 U.S.C. 1151 et seq.) is amended inserting 
     the following after section 218B:

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

       ``(a) Applications to the Secretary of Labor.--

[[Page S6658]]

       ``(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) 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 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 job opportunity that 
     is not covered under a collective bargaining agreement:
       ``(A) Strike or lockout.--The specific job opportunity for 
     which the employer has applied for 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 
     for an H-2A worker 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 has applied for an H-2A worker.
       ``(E) Requirements for placement of the 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 worksites owned, operated, or controlled by such 
     other employer;
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(iii) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.
       ``(F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       ``(G) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of and in the course 
     of the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(H) Employment of united states workers.--
       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:
       ``(I) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended 
     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before the worker completed the 
     period of employment of the job opportunity for which the 
     worker was hired.
       ``(II) Filing a job offer with the local office of the 
     state employment security agency.--Not later than 28 days 
     before the date on which the employer desires to employ an H-
     2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in subsection (a)(2) to the local office of 
     the State workforce agency which serves the area of intended 
     employment and authorize the posting of the job opportunity 
     on its 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 H-2A 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 H-2A 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 a 
     indiscriminatory manner.
       ``(V) United States Worker.--For purpose of this 
     subparagraph, the term ``United States worker'' means an 
     alien described in section 218G(14) except an alien admitted 
     or otherwise provided status under section 101(a)(15)(Z).
       ``(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

[[Page S6659]]

     writing to comply with the requirements of this section and 
     sections 218E, 218F, and 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 
     worksite, 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 flied under 
     subsection (a). 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.''

     ``SEC. 218D. 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 218C(b)(2) shall include each of 
     the following benefit, wage, and working condition 
     provisions:
       ``(1) Requirement to provide housing or housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218C(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.--If it is the prevailing practice in 
     the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement set out in 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 in agricultural 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.

[[Page S6660]]

       ``(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 
     worksite.--The employer shall provide transportation between 
     the worker's living quarters and the employer's worksite 
     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 218C(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 2007 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 \3/4\ 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, 2009, 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, report that 
     addresses--
       ``(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; 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) Four representatives of agricultural employers and 1 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.
       ``(II) Four 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) The Commission may for the purpose of carrying out 
     this section, hold such hearings, sit and act at such times 
     and places, take such testimony, and receive such evidence as 
     the Commission considers appropriate.
       ``(v) Interim Report.--The Commission shall issue an 
     interim report, published in the Federal Register, with 
     opportunity and comment, for a period of at least 90 days.
       ``(vi) Final Report.--After considering recommendations 
     from interested persons (including an opportunity for comment 
     from the public and affected States), the Commission shall 
     submit a report to the Congress setting forth the findings of 
     the study conducted under clause (iii) not later than 
     December 31, 2009.
       ``(vii) 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 \3/4\ 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 `\3/4\ 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 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

[[Page S6661]]

     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 
     218C(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 218C, or section 218E 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.
       ``(f) Evidence on Nonimmigrant Status.--Each H-2A 
     nonimmigrant shall be issued documentary evidence of 
     nonimmigrant status, which--
       ``(1) shall be machine-readable, tamper-resistant, and 
     shall contain a digitized photograph and other biometric 
     identifiers that can be authenticated;
       ``(2) shall, during the alien's authorized period of 
     admission as an H-2A nonimmigrant, 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; or
       ``(B) in conjunction with a valid passport, if the alien is 
     applying for admission at an air or sea port of entry;
       ``(3) 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
       ``(4) shall be issued to the H-2A nonimmigrant by the 
     Secretary promptly after such alien's admission to the United 
     States as an H-2A nonimmigrant and reporting to the 
     employer's worksite under or, at the discretion of the 
     Secretary, may be issued by the Secretary of State at a 
     consulate instead of a visa.

     ``SEC. 218E. 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 218C(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218C, and section 
     218D, 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)(8). 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 218C(e)(2)(B), not to 
     exceed 10 months except as specified in paragraph (2), 
     supplemented by a period of not more than a week before the 
     beginning of the period of employment for the purpose of 
     travel to the worksite 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) Optional period for non-seasonal agricultural 
     workers.--Notwithstanding

[[Page S6662]]

     any other provision of law, an alien being admitted to 
     perform agricultural non-seasonal work may, at the employer's 
     option, be admitted for the period and pursuant to the terms 
     specified in Section 218A(i)(1)(A), including the rules and 
     limitations specified in Section 218A(i)(2), (3), (4), and 
     (5). The spouse and children of an alien admitted pursuant to 
     the terms of this paragraph may be admitted only in 
     accordance with the terms set forth in Section 218A(e)(8).
       ``(3) Other workers.--Notwithstanding any other provision 
     of law, an alien admitted to perform agricultural non-
     seasonal work as an sheep herder, goat herder, horse worker, 
     or dairy worker may, at the option of the employer, be 
     admitted for a period not to exceed three years. An alien 
     admitted pursuant to the terms of this paragraph may not be 
     accompanied or subsequently joined by dependents, including a 
     spouse or child in derivative nonimmigrant status.
       ``(4) 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 218C(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 
     the alien's 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 to date that is more than 10 months 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 an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions), other than a worker admitted pursuant to 
     subsection (d)(2), is 10 months.
       ``(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.

     ``SEC. 218F. 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 
     218C(b), or an employer's misrepresentation of material facts 
     in an application under section 218C(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 (G). 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, 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 
     218C(b),substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218C(b), or a material misrepresentation of fact in an 
     application under section 218C(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, willful failure to meet a condition of section 
     218C(b), willful misrepresentation of a material fact in an 
     application under section 218C(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;

[[Page S6663]]

       ``(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, willful failure to meet a condition of section 
     218C(b) or a willful misrepresentation of a material fact in 
     an application under section 218C(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 
     218C(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 218C(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 218D(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 218D(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 
     complaint under this section, under section 218C or 218D.
       ``(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 218D(b)(1).
       ``(2) The reimbursement of transportation as required under 
     section 218D(b)(2).
       ``(3) The payment of wages required under section 
     218D(b)(3) when due.
       ``(4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218C(a)(2), not including the assurance to comply 
     with other Federal, State, and local labor laws described in 
     section 218D(c), compliance with which shall be governed by 
     the provisions of such laws.
       ``(5) The guarantee of employment required under section 
     218D(b)(4).
       ``(6) The motor vehicle safety requirements under section 
     218D(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, 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 nonbinding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--
       ``(i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       ``(ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction over 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)(l) 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.
       ``(C) In determining the amount of damages to be awarded 
     under subparagraph (A), the court is authorized to consider 
     whether an attempt was made to resolve the issues in dispute 
     before the resort to litigation.
       ``(7) Workers' compensation benefits.--
       ``(A) Exclusive remedy.--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) Relationship to other relief.--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.
       ``(C) Considerations.--In determining the amount of damages 
     to be awarded under subparagraph (A), a court may consider 
     whether an attempt was made to resolve the issues in dispute 
     prior to resorting to litigation.
       ``(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)(l) 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 
     218C(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

[[Page S6664]]

     any other person, that the employee reasonably believes 
     evidences a violation of section 218C or 218D or any rule or 
     regulation pertaining to section 218C or 218D, 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 218C or 218D 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 218C(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 218C and 218D, 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 unles 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 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. 218G. DEFINITIONS.

       ``For purposes of this section and section 218C, 218D, 
     218E, and 218F:
       ``(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 or the performance of agricultural labor or services 
     decribed in 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 or seasonal full-time employment at 
     a place in the United States to which United States workers 
     can be referred.
       ``(9) Laying off.--
       ``(A) In general.--The term `laying 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 218D(b)(4)(D)), or temporary suspension of employment 
     due to weather, markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of worker with another employer under 
     section 218C(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 218C 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.--Except as otherwise provided, 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 national of the United 
     States, an alien lawfully admitted for permanent residence, 
     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 of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 218 and 
     inserting the following:

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

     SEC. 405. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust schedule of fees for the employment of 
     aliens pursuant to the amendment made by section 404(a) of 
     this Act and collection process for such fees from employers. 
     Such fees shall be the only fees chargeable to employers for 
     services provided under such amendment.
       (b) Determination of Schedule.--
       (1) In general.--The schedule under subsection (a) shall 
     reflect fee rate based on the number of job opportunities 
     indicated in the employer's application under section 218C of 
     the Immigration and Nationality Act, as amended by section 
     404 of this Act, and sufficient to provide for the direct 
     costs of providing services related to an employer's 
     authorization to employ aliens pursuant to the amendment made 
     by section 404(a) of this Act 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 
     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 final rule issued.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law all proceeds resulting from the payment of the fees 
     pursuant to the amendment made by section 404(a) of this Act 
     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 218C and 218E of 
     the Immigration and Nationality Act as amended and added, 
     respectively, by section 404 of this Act and the provisions 
     of this Act.

     SEC. 406. REGULATIONS.

       (a) Requirement for the Secretary To Consult.--The 
     Secretary shall consult with the Secretary of Labor and the 
     Secretary of Agriculture during the promulgation of all 
     regulations to implement the duties of the Secretary under 
     this Act and the amendments made by this Act.
       (b) Requirement for the Secretary of State To Consult.--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 Act and the amendments made by this Act.
       (c) Requirement for the Secretary of Labor To Consult.--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

[[Page S6665]]

     Labor under this Act and the amendments made by this Act.
       (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 
     218C, 218D, 218E, 218F, and 218G of the Immigration and 
     Nationality Act, as amended or added by section 404 of this 
     Act, shall take effect on the effective date of section 404 
     and shall be issued not later than year after the date of 
     enactment of this Act, or the date such regulations are 
     promulgated, whichever is sooner.

     SEC. 407. REPORTS TO CONGRESS.

       (a) Annual Report.--Not later than September 30 of each 
     year, the Secretary shall submit 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, disaggregated by State and by occupation;
       (2) the number of such aliens reported to have abandoned 
     employment pursuant to subsection 218E(e)(2) of such Act;
       (3) the number of such aliens who departed the United 
     States within the period specified in subsection 218E(d) of 
     such Act;
       (4) the number of aliens who applied for adjustment of 
     status pursuant to section 623;
       (5) the number of such aliens whose status was adjusted 
     under section 623;
       (6) the number of aliens who applied for permanent 
     residence pursuant to section 214A(j) of the Immigration and 
     Nationality Act, as amended by 623(b); and
       (7) the number of such aliens who were approved for 
     permanent residence pursuant to section 214A(j) of the 
     Immigration and Nationality Act, as amended by 623(b).
       (b) Implementation Report.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     prepare and submit to Congress a report that describes the 
     measures being taken and the progress made in implementing 
     this Act.

     SEC. 408. EFFECTIVE DATE.

       Except as otherwise provided, sections 404 and 405 shall 
     take effect 1 year after the date of the enactment of this 
     Act, or the date such regulations are promulgated, whichever 
     is sooner.

     SEC. 409. NUMERICAL LIMITATIONS.

       Section 214(g) of the Act (8 U.S.C. 1184(g)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(beginning with fiscal year 1992)'';
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) under section 101(a)(15)(Y)(i), may not exceed--
       ``(i) 400,000 for the first fiscal year in which the 
     program is implemented;
       ``(ii) in any subsequent fiscal year, subject to clause 
     (iii), the number for the previous fiscal year as adjusted in 
     accordance with the method set forth in paragraph (2); and.
       ``(iii) 600,000 for any fiscal year; or
       ``(C) under section 101(a)(15)(Y)(iii), may not exceed 
     twenty percent of the annual limit on admissions of aliens 
     under section 101(a)(15)(Y)(i) for that fiscal year; or
       ``(D) under section 101(a)(15)(Y)(ii)(II), may not exceed--
       ``(i) 100,000 for the first fiscal year in which the 
     program is implemented;
       ``(ii) in any subsequent fiscal year, subject to clause 
     (iii), the number for the previous fiscal year as adjusted in 
     accordance with the method set forth. in paragraph (2); and
       ``(iii) 200,000 for any fiscal year.'';
       and
       (2) by renumbering paragraph (2) as paragraph (3), and 
     renumbering all subsequent paragraphs accordingly, and 
     inserting the following as paragraph (2):
       ``(2) Market-Based Adjustment.--With respect to the 
     numerical limitation set in subparagraph (A)(ii), (B)(ii), or 
     (D)(ii) of paragraph (1)--
       ``(A) if the total number of visas allocated for that 
     fiscal year are allotted within the first half of that fiscal 
     year, then an additional 15 percent of the allocated number 
     shall be made available immediately and the allocated amount 
     for the following fiscal year shall increase by 15 percent of 
     the original allocated amount in the prior fiscal year;
       ``(B) if the total number of visas allocated for that 
     fiscal year are allotted within the second half of that 
     fiscal year, then the allocated amount for the following 
     fiscal year shall increase by 10 percent of the original 
     allocated amount in the prior fiscal year; and
       ``(C) with the exception of the first subsequent fiscal 
     year to the fiscal year in which the program is implemented, 
     if fewer visas were allotted the previous fiscal year than 
     the number of visas allocated for that year and the reason 
     was not due to processing delays or delays in promulgating 
     regulations, then the allocated amount for the following 
     fiscal year shall decrease by 10 percent of the allocated 
     amount in the prior fiscal year.''
       (3) in paragraph (9)(A)--``By striking ``an alien who has 
     already been counted toward the numerical limitation of 
     paragraph (i)(B) during fiscal year 2004, 2005, or 2006 shall 
     not be again be counted toward such limitation during fiscal 
     year 2007.'' and inserting ``an alien who has been present in 
     the United States as an H-2B nonimmigrant during any 1 of 3 
     fiscal years immediately preceding the fiscal year of the 
     approved start date of a petition for a nonimmigrant worker 
     described in Section 101(a)(15)(H)(ii)(b) shall not be 
     counted toward such limitation for the fiscal year in which 
     the petition is approved. Such alien shall be considered a 
     returning worker.''.

     SEC. 410. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

       (a) In General--The Secretary of State, in cooperation with 
     the Secretary and the Attorney General, may, as a condition 
     of authorizing the grant of nonimmigrant visas for Y 
     nonimmigrants who are citizens or nationals of any foreign 
     country, negotiate with each such country to enter into a 
     bilateral agreement with the United States that conforms to 
     the requirements under subsection (b).
       (b) Requirements of Bilateral Agreements--It is the sense 
     of Congress that 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
       (8) 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;
       (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; and
       (6) agree to such other terms as the Secretary of State 
     considers appropriate and necessary.

     SEC. 411. COMPLIANCE INVESTIGATORS.

       (a) The Secretary of Labor, subject to the availability of 
     appropriations for such purpose, shall increase, by not less 
     than 200 per year for each of the five fiscal years after the 
     date of enactment of [name of bill], the number of positions 
     for compliance investigators and attorneys dedicated to the 
     enforcement of labor standards, including those contained in 
     sections 218A, 218B, and 218C, the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 201 et seq.) and the Occupational Safety 
     and Health Act of 1970 (29 U.S.C. 651 et seq.) in geographic 
     and occupational areas in which a high percentage of workers 
     are Y nonimmigrants.

     SEC. 412. STANDING COMMISSION ON IMMIGRATION AND LABOR 
                   MARKETS.

       (a) Establishment of Commission.--
       (1) In general.--There is established an independent 
     Federal agency within the Executive Branch to be known as the 
     Standing Commission on Immigration and Labor Markets 
     (referred to in this section as the ``Commission'').
       [(2) Purposes.--The purposes of the Commission are--
       (A) to study nonimmigrant programs and the numerical limits 
     imposed by law on admission of nonimmigrants;
       (B) to study the numerical limits imposed by law on 
     immigrant visas;
       (C) to study the allocation of immigrant visas through the 
     merit-based system;
       (D) to make recommendations to the President and Congress 
     with respect to such programs.]
       (3) Membership.--The Commission shall be composed of--
       (A) 6 voting members--
       (i) who shall be appointed by the President, with the 
     advice and consent of the Senate, not later than 6 months 
     after the establishment of the Y Nonimmigrant Worker Program;
       (ii) who shall serve for 3-year staggered terms, which can 
     be extended for 1 additional 3-year term;
       (iii) who shall select a Chair from among the voting 
     members to serve a 2-year term, which can be extended for 1 
     additional 2-year term;
       (iv) who shall have expertise in economics, demography, 
     labor, business, or immigration or other pertinent 
     qualifications or experience;
       (v) who may not be an employee of the Federal Government or 
     of any State or local government; and
       (vi) not more than 3 of whom may be members of the same 
     political party.
       (B) 7 ex-officio members, including--
       (i) the Secretary;
       (ii) the Secretary of State;
       (iii) the Attorney General;
       (iv) the Secretary of Labor;
       (v) the Secretary of Commerce;
       (vi) the Secretary of Health and Human Services; and
       (vii) the Secretary of Agriculture.
       (4) Vacancies.--Any vacancy in the Commission shall be 
     filled in the same manner as the original appointment.
       (5) Meetings.--
       (A) Initial meeting.--The Commission shall meet and begin 
     carrying out the duties described in subsection (b) as soon 
     as practicable.
       (B) Subsequent meetings.--After its initial meeting, the 
     Commission shall meet at least once per quarter upon the call 
     of the Chair or majority of its members.
       (C) Quorum.--Four voting members of the Commission shall 
     constitute a quorum.

[[Page S6666]]

       (b) Duties of the Commission.--The Commission shall--
       (1) examine and analyze--
       (A) the development and implementation of the programs;
       (B) the criteria for the admission of nonimmigrant workers;
       (C) the formula for determining the annual numerical 
     limitations of nonimmigrant workers;
       (D) the impact of nonimmigrant workers on immigration;
       (E) the impact of nonimmigrant workers on the economy, 
     unemployment rate, wages, workforce, and businesses of the 
     United States;
       (F) the numerical limits imposed by law on immigrant visas 
     and its effect on the economy, unemployment rate, wages, 
     workforce, and businesses of the United States;
       (G) the allocation of immigrant visas through the 
     evaluation system established by Title V of this Act; and
       (F) any other matters regarding the programs that the 
     Commission considers appropriate;
       (2) not later than 18 months after the date of enactment, 
     and every year thereafter, submit a report to the President 
     and Congress that--
        (A) contains the findings of the analysis conducted under 
     paragraph (1);
       (B) makes recommendations regarding the necessary 
     adjustments to the programs studied to meet the labor market 
     needs of the United States; and
       (C) makes other recommendations regarding the programs, 
     including legislative or administrative action, that the 
     Commission determines to be in the national interest.
       (c) Information and Assistance From Federal Agencies.--
       (1) Information.--The head of any Federal department or 
     agency that receives a request from the Commission for 
     information, including suggestions, estimates, and 
     statistics, as the Commission considers necessary to carry 
     out the provisions of this section, shall furnish such 
     information to the Commission, to the extent allowed by law.
       (2) Assistance.--
       (A) General services administration.--The Administrator of 
     General Services shall, on a reimbursable basis, provide the 
     Commission with administrative support and other services for 
     the performance of the Commission's functions.
       (B) Other federal agencies.--The departments and agencies 
     of the United States may provide the Commission with such 
     services, funds, facilities, staff, and other support 
     services as the heads of such departments and agencies 
     determine advisable and authorized by law.
       (d) Personnel Matters.--
       (1) Staff.--
       (A) Appointment and compensation.--The Chair, in accordance 
     with rules agreed upon by the Commission, may appoint and fix 
     the compensation of a staff director and such other personnel 
     as may be necessary to enable the Commission to carry out its 
     functions.
       (B) Federal employees.--
       (i) In general.--Except as provided under clause (ii), the 
     executive director and any personnel of the Commission who 
     are employees shall be considered to be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title.
       (ii) Commission Members.--Clause (i) shall not apply to 
     members of the Commission.
       (2) Detailees.--Any employee of the Federal Government may 
     be detailed to the Commission without reimbursement from the 
     Commission. Such detailee shall retain the rights, status, 
     and privileges of his or her regular employment without 
     interruption.
       (3) Consultant services.--The Commission may procure the 
     services of experts and consultants in accordance with 
     section 3109 of title 5, United States Code, at rates not to 
     exceed the daily rate paid a person occupying a position at 
     level IV of the Executive Schedule under section 5315 of such 
     title 5.
       (e) Compensation and Travel Expenses.--
       (1) Compensation.--Each voting member of the Commission may 
     be compensated at a rate not to exceed the daily equivalent 
     of the annual rate of basic pay in effect for a position at 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code, for each day during which that 
     member is engaged in the actual performance of the duties of 
     the Commission.
       (2) Travel expenses.--Members of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, under section 5703(b) of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (f) Funding.--Fees and fines deposited into the Temporary 
     Worker Program Account under section 286(w) of the 
     Immigration and Nationality Act, as added by section 402 of 
     [name of the Act], may be used by the Commission to carry out 
     its duties under this section.

     SEC. 412. AGENCY REPRESENTATION AND COORDINATION.

       Section 274A(e) (8 U.S.C. 1324a(e) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking the comma at the end 
     and inserting a semicolon;
       (B) in subparagraph (B), by striking ``,and'' and inserting 
     a semicolon;
       (C) in subparagraph (C), by striking ``paragraph (2).'' and 
     inserting ``paragraph (1); and''; and
       (D) by inserting after subparagraph (C) the following:
       ``(D) United States Immigration and Customs Enforcement 
     officials may not misrepresent to employees or employers that 
     they are a member of any agency or organization that provides 
     domestic violence services, enforces health and safety law, 
     provides health care services, or any other services intended 
     to protect life and safety.''

     SEC. 413. BILATERAL EFFORTS WITH MEXICO TO REDUCE MIGRATION 
                   PRESSURES AND COSTS.

       (a) Findings.--Congress makes the following findings:
       (1) Migration from Mexico to the United States is directly 
     linked to the degree of economic opportunity and the standard 
     of living in Mexico.
       (2) Mexico comprises a prime source of migration to the 
     United States.
       (3) Remittances from Mexican citizens working in the United 
     States reached a record high of nearly $17,000,000,000 in 
     2004.
       (4) Migration patterns may be reduced from Mexico to the 
     United States by addressing the degree of economic 
     opportunity available to Mexican citizens.
       (5) Many Mexican assets are held extra-legally and cannot 
     be readily used as collateral for loans.
       (6) A majority of Mexican businesses are small or medium 
     size with limited access to financial capital.
       (7) These factors constitute a major impediment to broad-
     based economic growth in Mexico.
       (8) Approximately 20 percent of Mexico's population works 
     in agriculture, with the majority of this population working 
     on small farms and few on large commercial enterprises.
       (9) The Partnership for Prosperity is a bilateral 
     initiative launched jointly by the President of the United 
     States and the President of Mexico in 2001, which aims to 
     boost the social and economic standards of Mexican citizens, 
     particularly in regions where economic growth has lagged and 
     emigration has increased.
       (10) The Presidents of Mexico and the United States and the 
     Prime Minister of Canada, at their trilateral summit on March 
     23, 2005, agreed to promote economic growth, competitiveness, 
     and quality of life in the agreement on Security and 
     Prosperity Partnership of North America.
       (b) Sense of Congress Regarding Partnership for 
     Prosperity.--It is the sense of Congress that the United 
     States and Mexico should accelerate the implementation of the 
     Partnership for Prosperity to help generate economic growth 
     and improve the standard of living in Mexico, which will lead 
     to reduced migration, by--
       (1) increasing access for poor and under served populations 
     in Mexico to the financial services sector, including credit 
     unions;
       (2) assisting Mexican efforts to formalize its extra-legal 
     sector, including the issuance of formal land titles, to 
     enable Mexican citizens to use their assets to procure 
     capital;
       (3) facilitating Mexican efforts to establish an effective 
     rural lending system for small- and medium-sized farmers that 
     will--
       (A) provide long term credit to borrowers;
       (B) develop a viable network of regional and local 
     intermediary lending institutions; and
       (C) extend financing for alternative rural economic 
     activities beyond direct agricultural production;
       (4) expanding efforts to reduce the transaction costs of 
     remittance flows in order to increase the pool of savings 
     available to help finance domestic investment in Mexico;
       (5) encouraging Mexican corporations to adopt 
     internationally recognized corporate governance practices, 
     including anticorruption and transparency principles;
       (6) enhancing Mexican efforts to strengthen governance at 
     all levels, including efforts to improve transparency and 
     accountability, and to eliminate corruption, which is the 
     single biggest obstacle to development;
       (7) assisting the Government of Mexico in implementing all 
     provisions of the Inter-American Convention Against 
     Corruption (ratified by Mexico on May 27, 1997) and urging 
     the Government of Mexico to participate fully in the 
     Convention's formal implementation monitoring mechanism;
       (8) helping the Government of Mexico to strengthen 
     education and training opportunities throughout the country, 
     with a particular emphasis on improving rural education; and
       (9) encouraging the Government of Mexico to create 
     incentives for persons who have migrated to the United States 
     to return to Mexico.
       (c) Sense of Congress Regarding Bilateral Partnership on 
     Health Care.--It is the sense of Congress that the Government 
     of the United States and the Government of Mexico should 
     enter into a partnership to examine uncompensated and 
     burdensome health care costs incurred by the United States 
     due to legal and illegal immigration, including--
       (1) increasing health care access for poor and under served 
     populations in Mexico;
       (2) assisting Mexico in increasing its emergency and trauma 
     health care facilities along the border, with emphasis on 
     expanding prenatal care in the United States-Mexico border 
     region;
       (3) facilitating the return of stable, incapacitated 
     workers temporarily employed in the United States to Mexico 
     in order to receive extended, long-term care in their home 
     country; and
       (4) helping the Government of Mexico to establish a program 
     with the private sector

[[Page S6667]]

     to cover the health care needs of Mexican nationals 
     temporarily employed in the United States.

     SEC. 414. WILLING WORKER-WILLING EMPLOYER ELECTRONIC 
                   DATABASE.

       (a) Electronic job registry link.--
       (1) 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.
       (2) The Secretary of Labor shall promulgate regulations 
     regarding the maintenance of electronic job registry records 
     by the employer for the purpose of audit or investigations.
       (3) The Secretary of Labor shall ensure that job 
     opportunities advertised on a State workforce agency 
     statewide electronic job registry established under this 
     section are accessible--
       (A) by the State workforce agencies, which may further 
     disseminate job opportunity information to interested 
     parties; and.
       (B) through the internet, for access by workers, employers, 
     labor organizations and other interested parties.
       (4) The Secretary of Labor may work with private companies 
     and nonprofit organizations in the development and operation 
     of the job registry link and system under paragraph (1).
       (b) Electronic Registry of Certified Applications.--
       (1) The Secretary of Labor shall compile, on a current 
     basis, a registry (by employer and by occupational 
     classification) of the approved labor certification 
     applications filed under this program. Such registry shall 
     include the wage rate, number of workers sought, period of 
     intended employment, and date of need. The Secretary of Labor 
     shall make such registry publicly available through an 
     Internet website.
       (2) The Secretary of Labor may consult with the Secretary 
     of Homeland Security, and others as appropriate, in the 
     establishment of the registry described in paragraph (1) to 
     ensure its compatibility with any system designed to track 
     nonimmigrant employment that is operated and maintained by 
     the Secretary of Homeland Security.
       (3) The Secretary of Labor shall ensure that job 
     opportunities advertised on the electronic job registry 
     established under this subsection are accessible by the State 
     workforce agencies, which may further disseminate job 
     opportunity information to other interested parties.

     SEC. 415. ENUMERATION OF SOCIAL SECURITY NUMBER.

       The Secretary of Homeland Security, in coordination with 
     the Commissioner of the Social Security Administration, shall 
     implement a system to allow for the prompt enumeration of a 
     Social Security number after the Secretary of Homeland 
     Security has granted an alien Y nonimmigrant status.

     SEC. 416. CONTRACTING.

       Nothing in this section shall be construed to limit the 
     authority of the Secretary of Homeland Security or Secretary 
     of Labor to contract with or license United States entities, 
     as provided for in regulation, to implement any provision of 
     this title, either entirely or in part, to the extent that 
     each Secretary in his discretion determines that such 
     implementation is feasible, cost-effective, secure, and in 
     the interest of the United States. However, nothing in this 
     provision shall be construed to alter or amend any of the 
     requirements of OMB Circular A-76 or any other current law 
     governing federal contracting. Any inherently governmental 
     work already performed by employees of the Department of 
     Homeland Security or the Department of Labor, or any 
     inherently governmental work generated by the requirements of 
     this legislation, shall continue to be performed by federal 
     employees, and any current commercial work, or new commercial 
     work generated by the requirements of this legislation, that 
     is subject to public-private competition under OMB Circular 
     A-76 or any other relevant law shall continue to be subject 
     to public-private competition.

     SEC. 417. FEDERAL RULEMAKING REQUIREMENTS.

       (a) The Secretaries of Labor and Homeland Security shall 
     each issue an interim final rule within six months of the 
     date of enactment of this subtitle to implement this title 
     and the amendments made by this title. Each such interim 
     final rule shall become effective immediately upon 
     publication in the Federal Register. Each such interim final 
     rule shall sunset two years after issuance unless the 
     relevant Secretary issues a final rule within two years of 
     the issuance of the interim final rule.
       (b) The exemption provided under subsection (a) shall 
     sunset no later than two years after the date of enactment of 
     this title, provided that, such sunset shall not be construed 
     to impose any requirements on, or affect the validity of, any 
     rule issued or other action taken by either Secretary under 
     such exemption.
                  Subtitle C--Nonimmigrant Visa Reform

     SEC. 418. STUDENT VISAS

       (a) In General.--Section 101(a)(15)(F) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended--
       (1) in clause (i)--
       (A) by striking ``who is'' and inserting, ``who is--
     ``(I)'';
       (B) by striking ``consistent with section 214(l)'' and 
     inserting ``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 for an aggregate period of not more a than 
     24 months and related to such alien's major area of study, 
     where such alien has been lawfully enrolled on a full time 
     basis as a nonimmigrant under clause (i) or (iv) at a 
     college, university, conservatory, or seminary described in 
     subclause (i)(I) for one full academic year and such 
     employment occurs:
       ``(aa) during the student's annual vacation and at other 
     times when school is not in session, if the student is 
     currently enrolled, and is eligible for registration and 
     intends to register for the next term or session;
       ``(bb) while school is in session, provided that practical 
     training does not exceed 20 hours a week while school is in 
     session; or
       ``(cc) within a 26-month period after completion of all 
     course requirements for the degree (excluding thesis or 
     equivalent);''; and
       (D) by striking ``Attorney General'' the two times that 
     phrase appears and inserting ``Secretary of Homeland 
     Security''.
       (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), except that the 
     alien is not required to have a residence in a foreign 
     country that the alien has no intention of abandoning, who 
     has been accepted at and plans to attend an accredited 
     graduate program in mathematics, engineering, information 
     technology, or the natural 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 distance learning program, for which the alien is 
     temporarily visiting the United States for a period not to 
     exceed 30 days;''.
       (b) Off Campus Work Authorization for Foreign Students--
       (1) In general.--An alien admitted as a nonimmigrant 
     student 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 
     workers 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 hearing, may be disqualified for a period 
     of no more than 5 years from employing an alien student under 
     paragraph (1).
       (3) Social Security.--Any employment engaged in by a 
     student pursuant to paragraph (1) of this subsection shall, 
     for purposes of section 210 of the Social Security Act (42 
     U.S.C. 410) and section 3121 of the Internal Revenue Code (26 
     U.S.C. 3121), not be considered to be for a purpose related 
     to section 101(a)(15)(F) of the Immigration and Nationality 
     Act.
       (c) Clarifying the Immigrant Intent Provision.--Subsection 
     (b) of section 214 of the Immigration and Nationality Act (8 
     U.S.C. 1184(b)) is amended--
       (1) by striking the parenthetical phrase ``(other than 
     nonimmigrant described in subparagraph (L) or (V) of section 
     101(a)(15), and other than a nonimmigrant described in any 
     provision of section 101(a)(15)(H)(i) except subclause (b1) 
     of such section)'' in the first sentence; and
       (2) by striking ``under section 101(a)(15)'' and inserting 
     in its place ``under the immigration laws.''.
       (d) Granting Dual Intent to Certain Nonimmigrant 
     Students.--Subsection (h) of section 214 of the Immigration 
     and Nationality Act (8 U.S.C. 1184(h)) is amended--
       (1) by inserting ``(F)(iv),'' following ``(H)(i)(b) or 
     (c),''; and
       (2) by striking ``if the alien had obtained a change of 
     status'' and inserting in its place ``if the alien had been 
     admitted as, provided status as, or obtained a change of 
     status'';

     SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION

       (a) H-1B Amendments.--Section 214(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)) is amended--
       (1) in paragraph (1) by deleting clauses (i) through (vii) 
     of subparagraph (A) and inserting in their place--
       ``(i) 115,000 in fiscal year 2008;
       ``(ii) in any subsequent fiscal year, subject to clause 
     (iii), the number for the previous

[[Page S6668]]

     fiscal year as adjusted in accordance with the method set 
     forth in paragraph (2); and
       ``(iii) 180,000 for any fiscal year; or''
       (2) in paragraph (9), as renumbered by Section 405--
       (A) by striking ``The annual numeric limitations described 
     in clause (i) shall not exceed'' from subclause (ii) of 
     subparagraph (B) and inserting the following: ``Without 
     respect to the annual numeric limitation described in clause 
     (i), the Secretary may issue a visa or otherwise grant 
     nonimmigrant status pursuant to section 1101(a)(15)(H)(i)(b) 
     in the following quantities:'';
       (B) by striking subparagraphs (B)(iv); and
       (C) by striking subparagraph (D).
       (b) Requiring a Degree.--Paragraph (2) of section 214(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1184(i)) is 
     amended--
       (1) by deleting the comma at the end of subparagraph (A) 
     and inserting in its place ``; and''; and
       (2) by striking subparagraphs (B) and (C) and inserting the 
     following:
       ``(B) attainment of a bachelor's or higher degree in the 
     specific specialty from an educational institution in the 
     United States accredited by nationally recognized accrediting 
     agency or association (or an equivalent degree from foreign 
     educational institution that is equivalent to such an 
     institution) as a minimum for entry into the occupation in 
     the United States.''
       (c) Provision of W-2 Forms.--Section 214(g)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)(5)), as 
     renumbered by Section 405, is amended to read as follows:
       ``(5) In the case of a nonimmigrant described in section 
     1101(a)(15)(H)(i)(b) of this title--
       ``(A) The period of authorized admission as such a 
     nonimmigrant may not exceed six years; [Provided that, this 
     provision shall not apply to such a nonimmigrant who has 
     filed a petition for an immigrant visa under section 
     203(b)(1), if 365 days or more have elapsed since filing and 
     it has not been denied, in which case the Secretary of 
     Homeland Security may extend the stay of an alien in one-year 
     increments until such time as a final decision is made on the 
     alien's lawful permanent residence];
       ``(B) If the alien is granted an initial period of 
     admission less than six years, any subsequent application for 
     an extension of stay for such alien must include the Form W-2 
     Wage and Tax Statement filed by the employer for such 
     employee, and such other form or information relating to such 
     employment as the Secretary of Homeland Security may in his 
     discretion specify, with respect to such nonimmigrant alien 
     employee for the period of admission granted to the alien.
       ``(C) Notwithstanding section 6103 of title 26, United 
     States Code, or any other law, the Commissioner of Internal 
     Revenue or the Commissioner of the Social Security 
     Administration shall upon request of the Scretary confirm 
     whether the Form W-2 Wage and Tax Statement filed by the 
     employer under clause (i) matches a Form W-2 Wage and Tax 
     Statement filed with the Internal Revenue Service or the 
     Social Security Administration, as the case may be.''
       (d) Extension of H-1B Status for Merit-based Adjustment 
     Applicants.--
       (1) Section 214(g)(4) of the Immigration and Nationality 
     Act (8 U.S.C. 1184(g)(4)) is amended by inserting before the 
     period:
       ``; Provided that, this provision shall not apply to such a 
     nonimmigrant who has filed a petition for an immigrant visa 
     accompanied by qualifying employer recommendation under 
     section 203(b)(1), if 365 days or more have elapsed since 
     filing and it has not been denied, in which case the 
     Secretary of Homeland Security may extend the stay of an 
     alien in one-year increments until such time as a final 
     decision is made on the alien's lawful permanent residence.''
       (2) Sections 106(a) and 106(b) of the American 
     Competitiveness in the Twenty-First Century Act of 2000--
     Immigration Services and Infrastructure Improvements Act of 
     2000, Public Law 106-313, are hereby repealed.

     SEC. 420. H-1B EMPLOYER REQUIREMENTS

       (a) Application of Nondisplacement and Good Faith 
     Recruitment Requirements to All H-1B Employers--
       (1) Amendments.--Section 212(n) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(n)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E);
       (I) in clause (i), by striking ``(E)(i) In the case of an 
     application described in clause (ii), the'' and inserting 
     ``(E) The''; ``and''
       (II) by striking clause (ii);
       (ii) in subparagraph (F), by striking `In the case of' and 
     all that follows through `where--' and inserting the 
     following: `[The employer will not place the nonimmigrant 
     with another employer if--'; and
       (iii) in subparagraph (G), by striking `In the case of an 
     application described in subparagraph (E)(ii), subject' and 
     inserting `Subject';
       (B) in paragraph (2)--
       (i) in subparagraph (E), by striking `If an H-1B-dependent 
     employer' and inserting `If an employer that employs H-1B 
     nonimmigrants'; and
       (ii) in subparagraph (F), by striking `The preceding 
     sentence shall apply to an employer regardless of whether or 
     not the employer is an H-1B-dependent employer.'; and
       (C) by striking paragraph (3).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (b) Nondisplacement Requirement.--
       (i) Extending time period for nondisplacement.--Section 
     212(n) of such Act, as amended by subsection (a), is further 
     amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E), by striking `90 days' each place 
     it appears and inserting `180 days';
       (ii) in subparagraph (F)(ii), by striking `90 days' each 
     place it appears and inserting `180 days'; and
       (B) in paragraph (2)(C)(iii), by striking `90 days' each 
     place it appears and inserting `180 days'.
       (2) Effective date.--The amendments made by paragraph (1)--
       (A) shall apply to applications filed on or after the date 
     of the enactment of this Act; and
       (B) shall not apply to displacements for periods occurring 
     more than 90 days before such date.
       (c) H-1B Nonimmigrants Not Admitted for Jobs Advertised or 
     Offered Only to H-1B Nonimmigrants--Section 212(n)(1) of such 
     Act, as amended by this section, is further amended--
       (1) by inserting after subparagraph (G) the following:
       (H)(i) The employer has not advertised the available jobs 
     specified in the application in an advertisement that states 
     or indicates that--
       `(I) the job or jobs are only available to persons who are 
     or who may become H-1B nonimmigrants; or
       `(II) persons who are or who may become H-1B nonimmigrants 
     shall receive priority or a preference in the hiring process.
       `(ii) The employer has not only recruited persons who are, 
     or who may become, H-1B nonimmigrants to fill the job or 
     jobs.'; and
       (2) in the undesignated paragraph at the end, by striking 
     `The employer' and inserting the following:
       `(K) The employer'.
       (d) Limit on Percentage of H-1B Employees--Section 
     212(n)(1) of such Act, as amended by this section, is further 
     amended by inserting after subparagraph (H), as added by 
     subsection (d)(l), the following:
       `(1) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants.'.

     SEC. 421. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

       (a) Safeguards Against Fraud and Misrepresentation in 
     Application Review Process.--Section 212(n)(1)(K) of the 
     Immigration and Nationality Act, as redesignated by section 
     2(d)(2), is amended--
       (1) by inserting ``and through the Department of Labor's 
     website, without charge.'' after `D.C.';
       (2) by inserting `clear indicators of fraud, 
     misrepresentation of material fact,' after `completeness';
       (3) by striking `or obviously inaccurate' and inserting `, 
     presents clear indicators of fraud or misrepresentation of 
     material fact, or is obviously inaccurate';
       (4) by striking `within days of' and inserting `not later 
     than 14 days after'; and
       (5) by adding at the end the following: `If the Secretary's 
     review of an application identifies clear indicators of fraud 
     or misrepresentation of material fact, the Secretary may 
     conduct an investigation and hearing under paragraph (2).
       (b) Investigations by Department of Labor--Section 
     212(n)(2) of such Act is amended--
       (1) in subparagraph (A)--
       (A) by striking `12 months' and inserting `24 months'; and
       (B) by striking `The Secretary shall conduct' and all that 
     follows and inserting `Upon the receipt of such a complaint, 
     the Secretary may initiate an investigation to determine if 
     such a failure or misrepresentation has occurred.';
       (2) in subparagraph (C)(i)--
       (A) by striking `a condition of paragraph (1)(B), (1)(E), 
     or (1)(F)' and inserting `a condition under subparagraph (B), 
     (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)'; and
       (B) by striking `(1)(C)' and inserting `(1)(C)(ii)';
       (3) in subparagraph (G)--
       (A) in clause (i), by striking `if the Secretary' and all 
     that follows and inserting `with regard to the employer's 
     compliance with the requirements of this subsection.';
       (B) in clause (ii), by striking `and whose identity' and 
     all that follows through `failure or failures.' and inserting 
     `the Secretary of Labor may conduct an investigation into the 
     employer's compliance with the requirements of this 
     subsection.';
       (C) in clause (iii), by striking the last sentence;
       (D) by striking clauses (iv) and (v);
       (E) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (F) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (G) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not

[[Page S6669]]

     required to comply with this clause if the Secretary 
     determines that such compliance would interfere with an 
     effort by the Secretary to investigate or secure compliance 
     by the employer with the requirements of this subsection. A 
     determination by the Secretary under this clause shall not be 
     subject to judicial review.''.
       (H) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (I) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary may 
     impose a penalty under subparagraph (C).''; and
       (4) by striking subparagraph (H).
       (c) Information Sharing Between Department of Labor and 
     Department of Homeland Security.--Section 212(n)(2) of such 
     Act, as amended by this section, is further amended by 
     inserting after subparagraph (G) the following:
       ``(H) The Director of United States Citizenship and 
     Immigration Services shall provide the Secretary of Labor 
     with any information contained in the materials submitted by 
     H-1B employers as part of the adjudication process that 
     indicates that the employer is not complying with H-1B visa 
     program requirements. The Secretary may initiate and conduct 
     an investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.
       (d) Audits.--Section 212(n)(2)(A) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following: ``The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     subsection and may conduct annual compliance audits of 
     employers that employ H-1B nonimmigrants. The Secretary shall 
     conduct annual compliance audits of not less than 1 percent 
     of the employers that employ H-1B nonimmigrants during the 
     applicable calendar year.
       ``(e) Penalties.--Section 212(n)(2)(C) of such Act, as 
     amended by this section, is further amended--
       (1) in clause (i)(I), by striking ``$1,000'' and inserting 
     ``$2,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$10,000''; and
       (3) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (f) Information Provided to H-1B Nonimmigrants Upon Visa 
     Issuance.--Section 212(n) of such Act, as amended by this 
     section, is further amended by inserting after paragraph (2) 
     the following:
       ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
     the United States, the issuing office shall provide the 
     applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections; and
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer obligations and workers' rights.''.
       ``(B) Upon the issuance of an H-1B visa to an alien inside 
     the United States, the officer of the Department of Homeland 
     Security shall provide the applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections; and
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer's obligations and workers' rights.''.

     SEC. 422. L-1 VISA FRAUD AND ABUSE PROTECTIONS

       (a) In General.--Section 214(c)(2) of the Immigration and 
     Nationality Act (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 of an 
     alien spouse admitted under section 101(a)(15)(L), who'' and 
     inserting ``Except as provided in subparagraph (H), if an 
     alien spouse admitted under section 101(a)(15)(L)''; 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 
     up to 12 months only if the employer operating the new 
     facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits an 
     application to the Secretary of Homeland Security that 
     contains--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     under 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)(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 
     preceding 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 preceding 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;
       ``(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 petition subsequently filed 
     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.
       ``(iv) For purposes of determining the eligibility of an 
     alien for classification under section 101(a)(15)(L), the 
     Secretary of Homeland Security shall work cooperatively with 
     the Secretary of State to verify a company or facility's 
     existence in the United States and abroad.''.
       (b) Investigations and Audits by Department of Homeland 
     Security.--
       (1) Department of homeland security investigations.--
     Section 214(c)(2) of such Act, as amended by this section, is 
     further amended by adding at the end the following:
       ``(I)(i) The Secretary of Homeland Security may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(L) with regard to the 
     employer's compliance with the requirements of this 
     subsection.
       ``(ii) If the Secretary of Homeland Security receives 
     specific credible information from a source who is likely to 
     have knowledge of an employer's practices, employment 
     conditions, or compliance with the requirements under this 
     subsection, the Secretary may conduct an investigation into 
     the employer's compliance, with the requirements of this 
     subsection. The Secretary may withhold the identity of the 
     source from the employer, and the source's identity shall not 
     be subject to disclosure under section 552 of title 5.
       ``(iii) The Secretary of Homeland Security shall establish 
     procedure for any person desiring to provide to the Secretary 
     of Homeland Security information described in clause (ii) 
     that may be used, in whole or in part, as the basis for the 
     commencement of an investigation described in such clause, to 
     provide the information in writing on a form developed and 
     provided by the Secretary of Homeland Security and completed 
     by or on behalf of the person.
       ``(iv) No investigation described in clause (ii) (or 
     hearing described in clause (vi) based on such investigation) 
     may be conducted with respect to information about a failure 
     to comply with the requirements under this subsection, unless 
     the Secretary of Homeland Security receives the information 
     not later than 24 months after the date of the alleged 
     failure.
       ``(v) Before commencing an investigation of an employer 
     under clause (i) or (ii), the Secretary of Homeland Security 
     shall provide notice to the employer of the intent to conduct 
     such investigation. The notice shall be provided in such a 
     manner, and shall contain sufficient detail, to permit the 
     employer to respond to the allegations before an 
     investigation is commenced. The Secretary is not required to 
     comply with this clause if the Secretary determines that to 
     do so would interfere with an effort by the Secretary to 
     investigate or secure compliance by the employer with the 
     requirements of this subsection. There shall be no judicial 
     review of a determination by the Secretary under this clause.
       ``(vi) If the Secretary of Homeland Security, after an 
     investigation under clause (i) or (ii), determines that a 
     reasonable basis exists to make a finding that the employer 
     has failed to comply with the requirements under this 
     subsection, the Secretary shall provide interested parties 
     with notice of such determination and an opportunity for a 
     hearing in accordance with section 556 of title 5, United 
     States Code, not later than 120 days after the date of such 
     determination. If such a hearing is requested, the Secretary 
     shall make a finding concerning the matter by not later than 
     120 days after the date of the hearing.
       ``(vii) If the Secretary of Homeland Security, after a 
     hearing, finds a reasonable basis to believe that the 
     employer has violated the requirements under this subsection, 
     the Secretary may impose a penalty under section 
     214(c)(2)(J).''.

[[Page S6670]]

       (2) Audits.--Section 214(c)(2)(I) of such Act, as added by 
     paragraph (1), is amended by adding at the end the following:
       ``(viii) The Secretary of Homeland Security may conduct 
     surveys of the degree to which employers comply with the 
     requirements under this section and may conduct annual 
     compliance audits of employers that employ H-1B 
     nonimmigrants. The Secretary shall conduct annual compliance 
     audits of not less than 1 percent of the employers that 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year.
       (3) Reporting requirement.--Section 214(c)(8) of such Act 
     is amended by inserting ``(L),'' after ``(H),''.
       (c) Penalties.--Section 214(c)(2) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following:
       ``(J)(i) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a failure by an 
     employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)----
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $2,000 per violation) as 
     the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 1 year, approve a petition for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(ii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)----
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 2 years, approve a petition filed for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(iii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (L)(i)----
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the employer shall be liable to employees harmed for 
     lost wages and benefits.''.

     SEC. 423. WHISTLEBLOWER PROTECTIONS.

       (a) H-1B Whistleblower Protections--Section 
     212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(2)(C)(iv)) is amended----
       (1) by inserting ``take, fail to take, or threaten to take 
     or fail to take, a personnel action, or'' before ``to 
     intimidate,'';
       (2) by adding at the end the following: ``An employer that 
     violates this clause shall be liable to the employees harmed 
     by such violation for lost compensation, including back 
     pay.''.
       (b) L-1 Whistleblower Protections--Section 214(c)(2) of 
     such Act, as amended by section 4, is further amended by 
     adding at the end the following:
       ``(L)(i) It is a violation of this subparagrah for an 
     employer who has filed a petition to import 1 or more aliens 
     as nonimmigrants described in section 101(a)(15)(L) to take, 
     fail to take, or threaten to take or fail to take, a 
     personnel action, or to intimidate, threaten, restrain, 
     coerce, blacklist, discharge, or discriminate in any other 
     manner against an employee because the employee----
       ``(I) has disclosed information that the employee 
     reasonably believes evidences a violation of this subsection, 
     or any rule or regulation pertaining to this subsection; or
       ``(II) cooperates or seeks to cooperate with the 
     requirements of this subsection, or any rule or regulation 
     pertaining to this subsection.
       ``(ii) An employer that violates this subparagraph shall be 
     liable to the employees harmed by such violation for lost 
     wages and benefits.
       ``(iii) In this subparagraph, the term `employee' 
     includes--
       ``(I) current employee;
       ``(II) a former employee; and
       ``(III) an applicant for employment.'.

     SEC. 424. LIMITATIONS ON APPROVAL OF L-L PETITIONS FOR START-
                   UP COMPANIES

       Section 214(c)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)(2)) is amended----
       (a) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (b) in subparagraph (E), by striking ``In the case'' and 
     inserting ``Except as provided in subparagraph (H), in the 
     case''; and
       (c) 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 be employed in a 
     new office, the petition may be approved for a period not to 
     exceed 12 months only if the alien has not been the 
     beneficiary of two or more petitions under this subparagraph 
     within the immediately preceding two years and only if the 
     employer operating the new office has----
       ``(I) an adequate 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 
     substantially 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 
     if requested by the Secretary;
       ``(VI) evidence, that the importing employer, from the date 
     of petition approval under clause (i), has been doing 
     business at the new office through regular, systematic, and 
     continuous provision of goods or services;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new office during the approval period under 
     clause (i) and the duties the beneficiary will perform at the 
     new office during the extension period approved under this 
     clause;
        ``(VIII) a statement describing the staffing at the new 
     office, 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 managerial or executive 
     capacity;
       ``(X) evidence of the financial status of the new office; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) A new office employing the beneficiary of an L-1 
     petition approved under this subparagraph must do business 
     through regular, systematic, and continuous provision of 
     goods or services for the entire period of petition approval.
       ``(iv) Notwithstanding clause (iii) or 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 in his discretion 
     approve a subsequently filed petition on behalf of the 
     beneficiary to continue employment at the office described in 
     this subsection for a period beyond the initially granted 12-
     month period if the importing employer has been doing 
     business at the new office through regular, systematic, and 
     continuous provision of goods or services for the 6 months 
     immediately preceding the date of extension petition filing 
     and demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly 
     caused by extraordinary circumstances, as determined by the 
     Secretary in his discretion.
       ``(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 12-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 
     procedures with the Department of State to verify a company 
     or office's existence in the United States and abroad.''

     SEC. 425. MEDICAL SERVICES IN UNDERSERVED AREAS

       (a) Permanent Authorization of the Conrad Program.--
       (1) In General.--Section 220(c) of the Immigration and 
     Nationality Nationality Technical Corrections Act of 1994 (8 
     U.S.C. 1182 note) ((as amended by section 1(a) of Public Law 
     108-441 and section 2 of Public Law 109-477)) is amended by 
     striking `and before June 1, 2008.'.
       (2) Effective Date.--The amendment made by paragraph (1) 
     shall take effect as if enacted on June 1, 2007.
       (b) Pilot Program Requirements--Section 214(l) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(l)) is 
     amended--
       (1) by adding at the end the following:
       ``(4)(A) Notwithstanding paragraph (1)(B), the Secretary of 
     Homeland Security may grant up to a total of 50 waivers for a 
     State under section 212(e) in a fiscal year if, after the 
     first 30 such waivers for the State are granted in that 
     fiscal year--
       ``(i) an interested State agency requests a waiver; and
       ``(ii) the requirements under subparagraph (B) are met.
       ``(B) The requirements under this subparagraph are met if--
       ``(i) fewer than 20 percent of the physician vacancies in 
     the health professional shortage areas of the State, as 
     designated by the Secretary of Health and Human Services, 
     were filled in the most recent fiscal year;
       ``(ii) all of the waivers allotted for the State under 
     paragraph (1)(B)) were used in the most recent fiscal year; 
     and
       ``(iii) all underserved highly rural States--

[[Page S6671]]

       ``(I) used the minimum guaranteed number of waivers under 
     section 212(e) in health professional shortage areas in the 
     most recent fiscal year; or
       ``(II) all agreed to waive the right to receive the minimum 
     guaranteed number of such waivers.
       ``(C) In this paragraph:
       ``(i) The term ``health professional shortage area'' has 
     the meaning given the term in section 332(a)(1) of the Public 
     Health Service Act (42 U.S.C. 254e(a)(1));
       ``(ii) The term ``underserved highly rural State'' means a 
     State with at least 30 counties with a population density of 
     not more than 10 people per square mile, based on the latest 
     available decennial census conducted by the Bureau of Census.
       ``(iii) The term ``minimum guaranteed number'' means--
       ``(I) for the first fiscal year of the pilot program, 15;
       ``(II) for each subsequent fiscal year, the sum of--
       (aa) the minimum guaranteed number for the second fiscal 
     year; and
       (bb) 3, if any State received additional waivers under this 
     paragraph in the first fiscal year.
       ``(III) for the third fiscal year, the sum of--
       (aa) the minimum guaranteed number for the second fiscal 
     year; and
       (bb) 3, if any State received additional waivers under this 
     paragraph in the first fiscal year.
       (c) Termination Date.--The authority provided by the 
     amendents made by subsection (b) shall expire on September 
     30, 2011.
       (d) Section 212(j) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(j)) is amended by--
       (1) revising the preamble of paragraph (2) to read ``An 
     alien who has graduated from medical school and who is coming 
     to the United States to practice primary care or specialty 
     medicine as a member of the medical profession may not be 
     admitted as a nonimmigrant under section 1101(a)(15)(H)(i)(b) 
     of this title unless--''
       (2) redesignating paragraph (2) as paragraph (3);
       (3) adding new paragraph (2) to read--
       ``(2)(A) An alien who is coming to the United States to 
     receive graduate medical education or training (or seeks to 
     acquire status as a nonimmigrant under section 1101(a)(15)(J) 
     to receive graduate medical education or training) may not 
     change status under section 1258 to a nonimmigrant under 
     section 1101(a)(15)(H)(i)(b) until the alien graduates from 
     the medical education or training program and meets the 
     requirements of paragraph (3)(B).
       ``(B) Any occupation that an alien described in paragraph 
     (2)(A) may be employed in while receiving graduate medical 
     education or training shall not be deemed a ``specialty 
     occupation'' within the meaning of section 1184(i) for 
     purposes of section 1101(a)(15)(H)(i)(b).''
       (e) Section 101(a)(15)(J) is amended by adding ``(except an 
     alien coming to the United States to receive graduate medical 
     education or training)'' after ``abandoning''.
       (f) Section 214(h) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(h)) is amended by inserting ``(E) (J) who is 
     coming to the United States to receive graduate medical 
     education or training,'' after ``subparagraph'' where that 
     term first appears.
       (g) Medical residents ineligible for H-1B nonimmigrant 
     status.--Section 214(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1184(i)) is amended to read--
       ``(1) Except as provided in paragraph (3), for purposes of 
     section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and 
     paragraph (2), the term ``specialty occupation''--
       ``(A) means an occupation that requires--
       ``(i) theoretical and practical application of a body of 
     highly specialized knowledge, and
       ``(ii) attainment of a bachelor's or higher degree in the 
     specific specialty (or its equivalent) as a minimum for entry 
     into the occupation in the United States; and
       ``(B) shall not include graduate medical education or 
     training.''
       (h) Section 214(l) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(l)) is amended--
       (1) in paragraph (1)(C)(i) by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1)(C) by striking subclause (ii) and 
     inserting the following:
       ``(ii) the alien has accepted employment with the health 
     facility or health care organization and agrees to continue 
     to work for a total of not less than 3 years; and
       ``(iii) the alien begins employment within 90 days of:
       ``(I) receiving such waiver; or
       ``(II) receiving nonimmigrant status or employment 
     authorization pursuant to an application filed under 
     paragraph (2)(A) (if such application is filed with 90 days 
     of eligibility of completing graduate medical education or 
     training under a program approved pursuant to section 
     212(j)(1));
       ``whichever is latest.''
       (3) by striking at the end ``.'', inserting ``; or'' and 
     adding new paragraph (1)(E) to read--
       ``(E) in the case of a request by an interested State 
     agency, the alien agrees to practice primary care or 
     specialty medicine care, for a continuous period of 2 years, 
     only at a federally qualified health facility, health care 
     organization or center, or in a rural health clinic that is 
     located in:
       ``(i) a geographic area which is designated by the 
     Secretary of Health and Human Services as having a shortage 
     of health care professionals; and
       ``(ii) a State that utilized less than 10 of the total 
     allotted waivers for the State under paragraph (1)(B) 
     (excluding the number of waivers available pursuant to 
     paragraph (1)(D)(ii)) in the most recent fiscal year.''
       (4) in paragraph (2), by amending subparagraph (A) to read 
     as follows:
       ``(A) Nothwithstanding section 248(a)(2), upon submission 
     of a request to an interested Federal agency or an interested 
     State agency for recommendation of a waiver under this 
     section by a physician who is maintaining valid nonimmigrant 
     status under section 101(a)(15)(J), the Secretary of Homeland 
     Security may accept as properly filed an application to 
     change the status of such physician to [any applicable 
     nonimmigrant status]. Upon favorable recommendation by the 
     Secretary of State of such request, and approval by the 
     Secretary of Homeland Security the waiver under this section, 
     the Secretary of Homeland Security may change the status of 
     such physician to that of [an appropriate nonimmigrant 
     status.]''
       (5) in paragraph (3)(A) amended by inserting ``requirement 
     of or'' before ``agreement entered into.''
       (i) Period of authorized admission for physicians on H-1B 
     visas who work in medically underserved communities.--
       Section 214(g)(5), as renumbered by Section 405 and amended 
     by Section 719(c), is further amended by adding at the end 
     the following new subparagraph:
       ``(D) The period of authorized admission under subparagraph 
     (A) shall not apply to an alien physician who fulfills the 
     requirements of section 214(l)(1)(E) and who has practiced 
     primary or specialty care in a medically underserved 
     community for a continuous period of 5 years.''

     SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title, and the amendments made by 
     this title.
                     TITLE V--Immigration Benefits

     SEC. 501. REBALANCING OF IMMIGRANT VISA ALLOCATION.

       ``(a) Family-Sponsored Immigrants.--Section 201(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended 
     to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--
       ``(1) For each fiscal year until visas needed for petitions 
     described in section 503(f)(2) of the [Insert title of Act] 
     become available, the worldwide level of family-sponsored 
     immigrants under this subsection is 567,000 for petitions for 
     classifications under 203(a), plus any immigrant visas not 
     required for the class specified in (d)
       ``(2) Except as provided in paragraph (1), the worldwide 
     level of family-sponsored immigrants under this subsection 
     for fiscal year is 127,000, plus any immigrant visas not 
     required for the class specified in (d).
       (b) Merit-Based Immigrants--Section 201(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended 
     to read as follows:
       ``(d) Worldwide Level of Merit-Based, Special, and 
     Employment Creation Immigrants.--
       ``(1) In general.--The worldwide level of merit-based, 
     special and employment creation immigrants under this 
     subsection for a fiscal year--
       ``(A) for the first five fiscal years shall be equal to the 
     number of immigrant visas made available to aliens seeking 
     immigrant visas under section 203(b) of this Act for fiscal 
     year 2005, plus any immigrant visas not required for the 
     class specified in (c), of which:
       (i) at least 10,000 will be for exceptional aliens in 
     nonimmigrant status under section 101(a)(15)(Y); and
       (ii) 90,000 will be for aliens who were the beneficiaries 
     of an application that was pending or approved at the time of 
     the effective date of this section, per Section 502(d) of the 
     [Insert title of Act].
       ``(B) stating in the sixth fiscal year, shall be equal to 
     140,000 for each fiscal year until aliens described in 
     section 101(a)(15)(Z) of this Act first become eligible for 
     an immigrant visa, plus any immigrant visas not required for 
     the class specified in (c), of which:
       (i) at least 10,000 will be for exceptional aliens in 
     nonimmigrant status under section 101(a)(15)(Y); and
       (ii) no more than 90,000 will be for aliens who were the 
     beneficiaries of an application that was pending or approved 
     at the time of the effective date of this section, per 
     Section 502(d) of the [Insert title of Act].
       ``(C)(i) 380,000, for each fiscal year starting in the 
     first fiscal year in which aliens described in section 
     101(a)(15)(Z) of this Act become eligible for an immigrant 
     visa, of which at least 10,000 will be for exceptional aliens 
     in nonimmigrant status under section 101(a)(15)(Y), plus any 
     immigrant visas not required for the class specified in (c); 
     plus
       ``(ii) the temporary supplemental allocation of additional 
     visas described in paragraph (2) for nonimmigrants described 
     in section 101(a)(15)(Z).
       ``(2) Temporary supplemental allocation.--The temporary 
     supplemental allocation of visas described in this paragraph 
     is as follows:
       ``(A) for the first five fiscal years in which aliens 
     described in section 101(a)(15)(Z) of

[[Page S6672]]

     this Act are eligible for an immigrant visa, the number 
     calculated pursuant to section 503(f)(3) of [Insert title of 
     Act];
       ``(B) in the sixth fiscal year in which aliens described in 
     section 101(a)(15)(Z) of this Act are eligible for an 
     immigrant visa, the number calculated pursuant to section 
     503(f)(3) of [Insert title of Act]; and
       ``(C) starting in the seventh fiscal year in which aliens 
     described in section 101(a)(15)(Z) of this Act are eligible 
     for an immigrant visa, the number equal to the number of Z 
     nonimmigrants who became aliens admitted for permanent 
     residence based on the merit-based evaluation system in the 
     prior fiscal year until no further Z nonimmigrants adjust 
     status;
       ``(3) Termination of temporary supplemental allocation.--
     The temporary supplemental allocation of visas shall 
     terminate when the number of visas calculated pursuant to 
     paragraph (2)(C) is zero.
       ``(4) Limitation.--The temporary supplemental visas in 
     paragraph (2) shall not be awarded to any individual other 
     than an individual described in section 101(a)(15)(Z).
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the fiscal year 
     subsequent to the fiscal year of enactment.

     SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A 
                   MERIT-BASED EVALUATION SYSTEM FOR IMMIGRANTS

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States benefits from a work force that has diverse 
     skills, experience and training.
       (b) Creation of Merit-Based Evaluation System for 
     Immigrants and Reallocation of Visas.--Section 203(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended 
     by--
       (1) striking paragraphs (1), (2), and (3) and inserting the 
     following:
       ``(1) Merit-based immigrants.--Visas shall first be made 
     available in a number not to exceed 95 percent of such 
     worldwide level, plus any visas not required for the classes 
     in paragraphs (2) and (3), to qualified immigrants selected 
     through a merit-based evaluation system.
       ``(A) The merit-based evaluation system shall initially 
     consist of the following criteria and weights:

------------------------------------------------------------------------
         Category                 Description               Max pts
------------------------------------------------------------------------
Employment                 .........................                 47
  Occupation               U.S. employment in
                            Specialty Occupation
                            (DoL definition)--20 pts
                           U.S. employment in High
                            Demand Occupation (BLS
                            largest 10-yr job
                            growth, top 30)
  National interest/       16 pts
   critical
   infrastructure--
  Employer endorsement     U.S. employment in STEM
                            or health occupation,
                            current for at least 1
                            year--8 pts
                            (extraordinary or
                            ordinary)
                           A U.S. employer willing
                            to pay 50% of LPR
                            applicaiton fee either
                            1) offers a job, or 2)
                            attests for a current
                            employee--6 pts
  Experience               Years of work for U.S.
                            firm--2 pts/year (max 10
                            pts)
  Age of worker            Worker's age: 25-39--3
                            pts
Education                  M.D., M.B.A., Graduate                    28
                            degree, etc.--20
  (terminal degree)        Bachelor's degree--16 PTS
                           Associate's degree--10
                            pts
                           High School diploma or
                            GED--6 pts
                           Completed certified
                            Perkins Vocational
                            Education program--5 pts
                           Education program--5 pts
                           Completed DoL Registered
                            Apprenticeship--8 pts
                           STEM, assoc & above--8
                            pts
English & civics           native speaker of English
                            or
                           TOEFL score of 75 or                      15
                            higher--15 pts
                           TOEFL score of 60-74--10
                            pts
                           Pass USCIS Citizenship
                            Tests in English &
                            Civics--6 pts
Extended family (Applied
 if threshold of 55 in
 above categories.)
                           Adult (21 or older) son                   10
                            or daughter of USC--8
                            pts
                           Adult (21 or older) son
                            or daughter of LPR--6
                            pts
                           Sibling of USC or LPR--4
                            pts
                           If had applied for a
                            family visa in any of
                            the above categories
                            after May 1, 2005--2 pts
                           .........................                100
Supplemental schedule for
 Zs
  Agriculture National     Worked in agriculture for                 25
   Interest                 3 years, 150 days per
                            year--21 pts
                           Worked in agriculture for
                            4 years (150 days for 3
                            years, 100 days for 1
                            year)--23 pts
                           Worked in agriculture for
                            5 years, 100 days per
                            year--25 points
  U.S. employment exp.     Year of lawful                            15
                            employment--1 pt
  Home ownership           Own place of residence--1                  5
                            pt/year owned
  Medical Insurance        Current medical insurance                  5
                            for entire family
------------------------------------------------------------------------

       ``(B) The Secretary of Homeland Security, after 
     consultation with the Secretaries of Commerce and Labor, 
     shall establish procedures to adjudicate petitions filed 
     pursuant to the merit-based evaluation system. The Secretary 
     may establish a time period in a fiscal year in which such 
     petitions must be submitted.
       ``(C) The Standing Commission on Immigration and Labor 
     Markets established pursuant to Section 407 of the [Insert 
     title of Act] shall submit recommendations to Congress 
     concerning the establishment of procedures for modifying the 
     selection criteria and relative weights accorded such 
     criteria in order to ensure that the merit-based evaluation 
     system corresponds to the current needs of the United States 
     economy and the national interest.
       ``(D) No modifications to the selection criteria and 
     relative weights accorded such criteria that are established 
     by the [Insert title of Act] should criteria that are 
     established by the [Insert title of Act] should take effect 
     earlier than the sixth fiscal year in which aliens described 
     in section 101(a)(15)(Z) of this Act are eligible for an 
     immigrant visa.
       ``(E) The application of the selection criteria to any 
     particular visa petition or application pursuant to the 
     merit-based evaluation system shall be within the Secretary's 
     sole and unreviewable discretion.
       ``(F) Any petition filed pursuant to this paragraph that 
     has not been found by the Secretary to have qualified in the 
     merit-based evaluation system shall be deemed denied on the 
     first day of the third fiscal year following the date of such 
     application. Such denial shall not preclude the petitioner 
     from filing successive petition pursuant to this paragraph. 
     Notwithstanding this paragraph, the Secretary may deny 
     petition when denial is appropriate under other provisions of 
     law, including but not limited to sections 204(c).''.
       (2) redesignating paragraph (4) as paragraph (2), by 
     striking ``7.1 percent'' and inserting ``4,200'', and 
     striking ``5,000'' and inserting ``2,500'';
       (3) redesignating paragraph (5) as paragraph (3), by 
     striking ``7.1 percent''; and inserting ``2,800'', and 
     striking ``3,000'' and inserting ``1,500'';
       (4) redesignating paragraph (6) as paragraph (4).
       (c) Procedure for Granting Immigrant Status.--Section 
     204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)) is amended by striking subparagraphs (E) and (F).
       (d) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by this section shall take effect on the first day of 
     the fiscal year subsequent to the fiscal year of enactment, 
     unless such date is less than 270 days after the date of 
     enactment, in which case the amendments shall take effect on 
     the first day of the following fiscal year.
       (2) Pending and approved petitions and applications.--
     Petitions for an employment-based visa filed for 
     classification under section 203(b)(1), (2), or (3) of the 
     Immigration and Nationality Act (as such provisions existed 
     prior to the enactment of this section) that were filed prior 
     to the date of the introduction of the [Insert title of Act] 
     and were pending or approved at the time of the effective 
     date of this section, shall be treated as if such provision 
     remained effective and an approved petition may serve as the 
     basis for issuance of an immigrant visa. Aliens with 
     applications for labor certification pursuant to section 
     212(a)(5)(A) of the Immigration and Nationality Act shall 
     preserve the immigrant visa priority date accorded by the 
     date of filing of such labor certification application.
       (e) Conforming Amendments.--
       (1) Section 201 of the Immigration and Nationality Act (8 
     U.S.C. 1151) is amended by striking ``employment-based'' each 
     place it appears and inserting ``merit-based''.
       (2) Section 202 of the Immigration and Nationality Act (8 
     U.S.C. 1152) is amended by striking ``employment-based'' each 
     place it appears and inserting ``merit-based''.
       (3) Section 203(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(b)) is amended by:
       (A) striking the heading and first sentence and inserting 
     the following:
       ``(b) Preference allocation for merit-based, special and 
     employment creation immigrants. Aliens subject to the 
     worldwide level specified in section 201(d) for merit-based, 
     special and employment creation immigrants in a fiscal year 
     shall be allotted visas as follows:'';
       (B) striking ``employment based'' and inserting ``merit-
     based'' and striking ``each of paragraphs (1) through (3)'' 
     and inserting ``paragraph (1)'' in subparagraph (6)(B)(i); 
     and

[[Page S6673]]

       (C) striking ``employment based'' and inserting ``paragraph 
     (1)'' in subparagraph (6)(B)(iii).
       (4) Section 212(a)(4) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(4)) is amended by striking subparagraph 
     (D).
       (5) Section 213A(f) of the Immigration and Nationality Act 
     (8.U.S.C. 1183a(f)) is amended by:
       (A) striking subparagraph (4);
       (B) striking subparagraph (5) and inserting the following:
       ``(4) Non-petitioning cases.--Such term also includes an 
     individual who does not meet the requirement of paragraph 
     (l)(D) but who is a spouse, parent, mother in law, father in 
     law, sibling, child (if at least 18 years of age), son, 
     daughter, son in law, daughter in law, sister in law, brother 
     in law, grandparent, or grandchild of sponsored alien or a 
     legal guardian of a sponsored alien, meets the requirements 
     of paragraph (1) (other than subparagraph (D)), and executes 
     an affidavit of support with respect to such alien in a case 
     in which--
       (A) the individual petitioning under section 204 for the 
     classification of such alien died after the approval of such 
     petition; and
       (B) the Secretary of Homeland Security has determined for 
     humanitarian reasons that revocation of such petition under 
     section 205 would be inappropriate.'';
       (C) redesignating subparagraph (6) as subparagraph (5); and
       (D) striking ``(6)'' and inserting ``(5)'' in subparagraph 
     (1)(E).
       (6) Section 212(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)) is amended by striking paragraph (5).
       (7) Section 218(g)(3) of the Immigration and Nationality 
     Act (8 U.S.C. 1188) is amended by striking paragraph (3) and 
     redesignating paragraph (4) as paragraph (3).
       (8)(A) Section 207(c)(3) of the Immigration and Nationality 
     Act (8 U.S.C; 1157(c)(3)) is amended by striking ``(5),'' in 
     the first sentence.
       (B) Section 209(c) of the Immigration and Nationality Act 
     (8 U.S.C. 1159(c)) is amended by striking ``(5),'' in the 
     second sentence
       C) Section 210(c)(2)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1160(c)(2)(A)) is amended by striking 
     ``paragraphs (5) and,'' and inserting ``paragraph''
       (D) Section 237(a)(1)(H)(i)(II) of the Immigration and 
     Nationality Act (8 U.S.C. 1227(a)(1)(H)(i)(II)) is amended by 
     striking ``paragraphs (5) and,'' and inserting ``paragraph''
       (E) Section 245(h)(2)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1255(h)(2)(A) is amended by striking 
     ``(5)(a),''
       (F) Section 245A(d)(2)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1255a(d)(2)(A)) is amended by 
     striking ``paragraphs (5) and,'' and inserting ``paragraph''
       (H) Section 286(s)(6) of the Immigration and Nationality 
     Act (8 U.S.C. 1356(s)(6) is amended by striking ``and section 
     212(a)(5)(A)''
       (f) References to Secretary of Homeland Security.--
       (1) Section 203 of the Immigration and Nationality Act (8 
     U.S.C. 1153) is amended by striking ``Attorney General'' each 
     place it appears and inserting ``Secretary of Homeland 
     Security''.
       (2) Section 204 of the Immigration and Nationality Act (8 
     U.S.C. 1154) is amended by striking ``Attorney General'' each 
     place it appears, except for section 204(f)(4)(B), and 
     inserting ``Secretary of Homeland Security''.

     SEC. 503.--REDUCING CHAIN MIGRATION AND PERMITTING PETITIONS 
                   BY NATIONALS

       (a) Cap Exempt Categories.--Paragraph (1) of section 201(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1151(b)) is 
     amended by adding the following two new subparagraphs at the 
     end:
       ``(F) Aliens admitted under section 211(a) on the basis of 
     prior issuance of a visa under section 203(a) to their 
     accompanying parent who is an immediate relative.
       ``(G) Aliens born to an alien lawfully admitted for 
     permanent residence during temporary visit abroad.''.
       (b) Immediate Relatives.--
       (1) Immediate relative redefined.--Paragraph (2) of section 
     201(b) of the Immigration and Nationality Act (8 U.S.C. 
     1151(b)) is amended to read as follows:
       ``(2) Immediate relatives.--
       ``(A) In general.--For purposes of this subsection, the 
     term `immediate relative' means child or spouse who is 
     accompanying or following to join the alien).
       ``(B) Spouse of deceased u.s. citizen.--An alien who was 
     the spouse of a citizen of the United States and not legally 
     separated from the citizen at the time of the citizen's 
     death, who was married to the citizen 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, who 
     proves by 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 each child of such 
     alien, may 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) years after such date; or
       ``(ii) the date on which the spouse remarries.
       ``(C) Battered spouse or child.--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.
       ``(2) Petition.--Section 204(a)(1)(A)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(ii)) 
     is amended by striking ``in the second sentence of section 
     201(b)(2)(A)(i)'' and inserting ``in section 201(b)(2)(B)''.
       (c) Preference Categories.--Section 203(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)) is 
     amended:
       (1) By striking paragraph (1) and inserting the following:
       ``(1) Parents of citizen of the United States if the 
     citizen is at least 21 years of age. Qualified immigrants who 
     are the parents of citizen of the United States where the 
     citizen is at least 21 years of age shall be allocated visas 
     in a number not to exceed 40,000, plus any visa not required 
     for the classes specified in paragraph (3), or''.
       (2) By striking paragraph (2) and inserting the following:
       ``(2) Spouses or children of an alien lawfully admitted for 
     permanent residence or a national. Qualified immigrants who 
     are the spouses or children of an alien lawfully admitted for 
     permanent residence or noncitizen national of the United 
     States as defined in section 101(a)(22)(8) of this Act who is 
     resident in the United States shall be allocated visas in 
     number not to exceed 87,000, plus any visas not required for 
     the class specified in paragraph (1)''.
       (3) By striking paragraph (3) and inserting the following:
       ``(3) Family-sponsored immigrants who are beneficiaries of 
     family-based visa petitions filed before May 1, 2005. 
     Immigrant visas totaling 440,000 shall be allotted visas as 
     follows:
       ``(A) Qualified immigrants who are the unmarried sons or 
     daughters of citizens of the United States shall be allocated 
     visas totaling 70,400 immigrant visas, plus any visas not 
     required for the class specified in (D).
       ``(B) Qualified immigrants who are the unmarried sons or 
     unmarried daughters of an alien lawfully admitted for 
     permanent residence, shall be allocated visas totaling 
     110,000 immigrant visas, plus any visas not required for the 
     class specified in (A).
       ``(C) Qualified immigrants who are the married sons or 
     married daughters of citizens of the United States shall be 
     allocated visas totaling 70,400 immigrant visas, plus any 
     visas not required for the class specified in (A) and (B).
       ``(D) Qualified immigrants who are the brothers or sisters 
     of citizens of the United States, if such citizens are at 
     least 21 years of age, shall be allocated visas totaling 
     189,200 immigrant visas, plus any visas not required for the 
     class specified in (A),(B), and (C).''.
       (4) By striking paragraph (4).
       (d) Petition.--Section 204(a)(1)(A)(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) is amended by 
     striking ``, (3), or (4)'' after ``paragraph (1)''.
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the first day of the fiscal year subsequent to 
     the fiscal year of enactment.
       (2) Pending and approved petitions.--Petitions for family-
     sponsored visa filed for classification under section 
     203(a)(1), (2)(B), (3), or (4) of the Immigration and 
     Nationality Act (as such provisions existed prior to the 
     enactment of this section ) which were filed before May 1, 
     2005, regardless of whether the petitions have been approved 
     before May 1, 2005, shall be treated as if such provision 
     remained in effect, and an approved petition may be the basis 
     of an immigrant visa pursuant to section 203(a)(3).
       (f) Determinations of Number of Intending Lawful Permanent 
     Residents.--
       (1) Survey of pending and approved family-based 
     petitions.--The Secretary of Homeland Security may require a 
     submission from petitioners with approved or pending family-
     based petitions filed for classification under section 
     203(a)(1), (2)(B), (3), or (4) of the Immigration and 
     Nationality Act (as such provisions existed prior to the 
     enactment of this section) filed on or before May 1, 2005 to 
     determine that the petitioner and the beneficiary have a 
     continuing commitment to the petition for the alien relative 
     under the classification. In the event the Secretary requires 
     a submission pursuant to this section, the Secretary shall 
     take reasonable steps to provide notice of such a 
     requirement. In the event that the petitioner or beneficiary 
     is no longer committed to the beneficiary obtaining an 
     immigrant visa under this classification or if the petitioner 
     does not respond to the request for a submission, the 
     Secretary of Homeland Security may deny the petition if the 
     petition has not been adjudicated or revoke the petition 
     without additional notice pursuant to section 205 if it has 
     been approved.
       (2) First survey of z nonimmigrant intends to adjust 
     status.--The Secretary shall establish procedures by which 
     nonimmigrants described in section 101(a)(15)(Z) who seek to 
     become aliens lawfully admitted for permanent residence under 
     the merit-based immigrant system shall establish their 
     eligibility, pay any applicable fees and penalties, and file 
     their petitions. No later than the conclusion of the eighth 
     fiscal year after the effective date of section 218D of the 
     Immigration and Nationality Act, the Secretary will determine 
     the total number of qualified applicants who have followed 
     the procedures set forth in this section. The number 
     calculated pursuant to this paragrap shall be 20 percent of 
     the total number of qualified applicants. The Secretary will 
     calculate the number of visas needed per year.

[[Page S6674]]

       (3) Second survey of Z Nonimmigrants intending to adjust 
     status.--No later than the conclusion of the thirteenth 
     fiscal year after the effective date of section 218D of the 
     Immigration and Nationality Act, the Secretary will determine 
     the total number of qualified applicants not described in 
     paragraph (2) who have followed the procedures set forth in 
     this section. The number calculated pursuant to this 
     paragraph shall be the lesser of:
       (A) the number qualified applicants, as determined by the 
     Secretary pursuant to this paragraph; and
       (B) the number calculated pursuant to paragraph (2).
       (g) Conforming Amendments.--
       (1) Section 212(d)(12)(6) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(12)(B)) is amended by 
     striking ``201(b)(2)(A)'' and inserting ``201(b)(2)'';
       (2) Section 101(a)(15)(K) of the Immigration and 
     Nationality Act (8 .S.C. 1101(a)(15)(K)) is amended by 
     striking ``201(b)(2)(A)(i)'' and inserting ``201(b)(2)'';
       (3) Section 204(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1154(a)) is amended by striking ``201(b)(2)(A)(i)'' 
     each place it appears and inserting ``201(b)(2)'';
       (4) Section 214(r)(3)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1184(r)(3)(A)) is amended by striking 
     ``201(b)(2)(A)(i)'' and inserting ``201(b)(2)'';

     SEC. 504. CREATION OF PROCESS FOR IMMIGRATION OF FAMILY 
                   MEMBERS IN HARDSHIP CASES.

       (a) In General.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended by adding a new section 203A 
     reading:

     ``SEC. 203A----. IMMIGRANT VISAS FOR HARDSHIP CASES.

       ``(a) In General.--Immigrant visas under this section may 
     not exceed 5,000 per fiscal year.
       ``(b) Determination of Eligibility.--The Secretary of 
     Homeland Security may grant an immigrant visa to an applicant 
     who satisfies the following qualifications:
       ``(1) Family relationship.--Visas under this section will 
     be given to aliens who are:
       ``(A) the unmarried sons or daughters of citizens of the 
     United States;
       ``(B) the unmarried sons or the unmarried daughters of 
     aliens lawfully admitted for permanent residence;
       ``(C) the married sons or married daughters of citizens of 
     the United States; or
       ``(D) the brothers or sisters of citizens of the United 
     States, if such citizens are at least 21 years of age,
       ``(2) Necessary hardship.--The petitioner must demonstrate 
     to the satisfaction of the Secretary of Homeland Security 
     that the lack of an immigrant visa under this clause would 
     result in extreme hardship to the petitioner or the 
     beneficiary that cannot be relieved by temporary visits as a 
     nonimmigrant.
       ``(3) Ineligibility to immigrate through other means.--The 
     alien described in clause (1) must be ineligible to immigrate 
     or adjust status through other means, including but not 
     limited to obtaining an immigrant visa filed for 
     classification under section 201(b)(2)(A) or section 203 (a) 
     or (b) of this Act, and obtaining cancellation of removal 
     under section 240A(b) of this Act determination under this 
     section that an alien is eligible to immigrate through other 
     means does not foreclose or restrict any later determination 
     on the question of eligibility by the Secretary of Homeland 
     Security or the Attorney General.
       ``(c) Processing of applications.--
       ``(1) An alien selected for an immigrant visa pursuant to 
     this section shall remain eligible to receive such visa only 
     if the alien files an application for an immigrant visa or an 
     application for adjustment of status within the fiscal year 
     in which the visa becomes available, or at such reasonable 
     time as the Secretary may specify after the end of the fiscal 
     year for petitions approved in the last quarter of the fiscal 
     year.
       ``(2) All petitions for an immigrant visa under this 
     section shall automatically terminate if not granted within 
     the fiscal year in which they were filed. The Secretary may 
     in his discretion establish such reasonable application 
     period or other procedures for filing petitions as he may 
     deem necessary in order to ensure their orderly processing 
     within the fiscal year of filing.
       ``(3) The secretary may reserve up to 2,500 of the 
     immigrant visas under this section for approval in the period 
     between March 31 and September 30 of fiscal year.
       ``(d) Decisions whether an alien qualifies for an immigrant 
     visa under this section are in the unreviewable discretion of 
     the Secretary''.

     SEC. 505. ELIMINATION OF DIVERSITY VISA PROGRAM

       (a) Section 201 of the Immigration and Nationality Act (8 
     U.S.C. 1151) is amended--
       (1) in subsection (a)--
       (A) by inserting ``and'' at the end of paragraph (1);
       (B) by striking ``; and'' at the end of paragraph (2) and 
     inserting a period; and
       (C) by striking paragraph (3); and
       (2) by striking subsection (e).
       (b) Section 203 of the Immigration and Nationality Act (8 
     U.S.C. 1153) is amended--
       (1) by striking subsection (c);
       (2) in subsection (d), by striking ``(a), (b), or (c),'' 
     and inserting ``(a) or (b),'';
       (3) in subsection (e), by striking paragraph (2) and 
     redesignating paragraph (3) as paragraph (2);
       (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
     inserting ``(a) or (b)'' ; and
       (5) in subsection (g), by striking ``(a), (b), and (c)'' 
     and inserting ``(a) and (b)''.
       (c) Section 204 of the Immigration and Nationality Act (8 
     U.S.C. 1154) is amended--
       (1) by striking subsection (a)(1)(I);
       (2) by redesignating subparagraphs (J), (K), and (L) of 
     subsection (a)(l) as subparagraphs (I), (J), and (K), 
     respectively; and
       (3) in subsection (e), by striking ``(a), (b), or (c)'' and 
     inserting ``(a) or (b)''.
       (d) Repeal of Temporary Reduction in Visas for Other 
     Workers.--Section 203(e) of the Nicaraguan Adjustment and 
     Central American Relief Act, as amended (Public Law 105-100; 
     U.S.C. 1153 note), is repealed.
       (e) Effective Date.--
       (1) The amendments made by this section shall take effect 
     on October 1, 2008;
       (2) No alien may receive lawful permanent resident status 
     based an the diversity visa program on or after the effective 
     date of this section.
       (f) Conforming Amendments.--Section 203 of the Immigration 
     and Nationality Act (8 U.S.C. 1153 (a)) is amended by 
     redesignating paragraphs (d), (e), (f), (g), and (h) as 
     paragraphs (c), (d), (e), (f), and (g), respectively.

     SEC. 506. FAMILY VISITOR VISAS.

       (a) Section 101(a)(15)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(B)) is amended to read 
     as follows:
       ``(B) an alien (other than one coming for the purpose of 
     study or of performing skilled or unskilled labor or as a 
     representative of foreign press, radio, film, or other 
     foreign information media coming to engage in such vocation) 
     having a residence in a foreign country which he or she has 
     no intention of abandoning and who is visiting the United 
     States temporarily for business or temporarily for pleasure. 
     The requirement that the alien have a residence in a foreign 
     country which the alien has no intention of abandoning shall 
     not apply to an alien described in section 214(s) who is 
     seeking to enter as a temporary visitor for pleasure;''.
       (b) Section 214 of the Immigration and Nationality Act (8 
     U.S.C. 1184) is amended by adding at the end the following 
     new subsection:
       ``(s) Parent Visitor Visas
       ``(1) In General.--The parent of United States citizen at 
     least 21 years of age, or the spouse or child of an alien in 
     nonimmigrant status under 101(a)(15)(Y)(i), demonstrating 
     satisfaction of the requirements of this subsection may be 
     granted nonimmigrant visa under section 101(a)(15)(B) as 
     temporary visitor for pleasure.
       ``(2) Requirements.--An alien seeking nonimmigrant visa 
     under this subsection must demonstrate through presentation 
     of such documentation as the Secretary may by regulations 
     prescribe, that--
       ``(A) the alien's United States citizen son or daughter who 
     is at least 21 years of age or the alien's spouse or parent 
     in nonimmigrant status under l01(a)(15)(Y)(i), is sponsoring 
     the alien's visit to the United States;
       ``(B) the sponsoring United States citizen, or spouse or 
     parent in nonimmigrant status under 101(a)(15)(Y)(i), has, 
     according to such procedures as the Secretary may by 
     regulations prescribe, posted on behalf of the alien a bond 
     in the amount of $1,000, which shall be forfeit if the alien 
     overstays the authorized period of admission (except as 
     provided in subparagraph (5)(B)) or otherwise violates the 
     terms and conditions of his or her nonimmigrant status; and
       ``(C) the alien, the sponsoring United States citizen son 
     or daughter, or the spouse or parent in nonimmigrant status 
     under 101(a)(15)(Y)(i), possesses the ability and financial 
     means to return the alien to his or her country of residence.
       ``(3) Terms and Conditions.--An alien admitted as a visitor 
     for pleasure under the provisions of this subsection--
       ``(A) may not stay in the United States for an aggregate 
     period in excess of 30 days within any calendar year.
       ``(B) must, according to such procedures as the Secretary 
     may by regulations prescribe, register with the Secretary 
     upon departure from the United States; and
       ``(C) may not be issued employment authorization by the 
     Secretary or be employed.
       ``(4) Certification.--
       ``(A) Report.--No later than January 1 of each year, the 
     Secretary of Homeland Security shall submit a written report 
     to Congress estimating the percentage of aliens admitted to 
     the United States during the preceding fiscal year as 
     visitors for pleasure under the terms and conditions of this 
     subsection who have remained in the United States beyond 
     their authorized period of admission (except as provided in 
     subparagraph (S)(B)). When preparing this report, the 
     Secretary shall determine which countries, if any, have a 
     disproportionately high rate of nationals overstaying their 
     period of authorized admission under this subsection.
       ``(B) Termination of Eligibility of Nationals of Certain 
     Countries.--Except as provided in subparagraph (C), if the 
     Secretary reports under subparagraph (A) for two consecutive 
     fiscal years that the percentage of aliens overstaying their 
     period of authorized admission exceeds 7 percent, the 
     Secretary may, in his discretion, determine that no more 
     visas under this section may be issued for those countries 
     whose nationals have a disproportionately high rate of aliens 
     overstaying their period of authorized admission under this 
     subsection.
       ``(C) Termination of the Program.--Notwithstanding 
     subparagraph (B), if the Secretary reports under subparagraph 
     (A) for two consecutive fiscal years that the percentage of 
     aliens overstaying their period of

[[Page S6675]]

     authorized admission under this subsection exceeds 7% and the 
     percentage is not significantly affected by countries whose 
     nationals have a disproportionately high rate of aliens 
     overstaying their period of authorized admission, the 
     Secretary may, in his discretion, determine that no more 
     visas may be issued under this subsection as of the date of 
     the second consecutive report described in subparagraph (A) 
     finding an overstay rate in excess of 7%.
       ``(D) Effect on Existing Visas.--In the event the Secretary 
     determines to that no more visas shall be issued under 
     subparagraphs (B) or (C); all visas previously issued under 
     this subsection and still valid on the date that the 
     Secretary determines that no more visas should be issued 
     shall expire on the visa's date of expiration or 12 months 
     after the date of the determination, whichever is soonest.
       ``(5) Permanent Bars for Overstays.--
       ``(A) In General.--Any alien admitted as visitor for 
     pleasure under the terms and conditions of this subsection 
     who remains in the United States beyond his or her authorized 
     period of admission is permanently barred from any future 
     immigration benefits under the immigration laws, except--
       ``(i) asylum under section 208(a);
       ``(ii) withholding of removal under section 241(b)(3); or
       ``(iii) protection under the Convention Against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984.
       ``(B) Exception.--Overstay of the authorized period of 
     admission granted to aliens admitted as visitors for pleasure 
     under the terms and conditions of this subsection may be 
     excused in the discretion of the Secretary where it is 
     demonstrated that:
       ``(i) the period of overstay was due to extraordinary 
     circumstances beyond the control of the applicant, and the 
     Secretary finds the period commensurate with the 
     circumstance; and
       ``(ii) the alien has not otherwise violated his or her 
     nonimmigrant status.
       ``(6) Bar on Sponsor of Overstay.--The United States 
     citizen or Y-1 nonimmigrant sponsor of an alien--
       ``(A) admitted as visitor for pleasure under the terms and 
     conditions of this subsection, and
       ``(B) who remains in the United States beyond his or her 
     authorized period of admission, shall be permanently barred 
     from sponsoring that alien or any other alien for 
     admission as a visitor for pleasure under the terms and 
     conditions of this subsection, and, in the case of a Y-1 
     nonimmigrant sponsor, shall have his Y-1 nonimmigrant 
     status terminated.
       ``(7) Construction.--Nothing in this subsection shall be 
     construed, except as provided in this subsection, to make 
     inapplicable the requirements for admissibility and 
     eligibility, as well as the terms and conditions of 
     admission, as a nonimmigrant under section 101(a)(15)(B).''.

     SEC. 507. PREVENTION OF VISA FRAUD.

       (a) Section 204 of the Immigration and Nationality Act (8 
     U.S.C. 1154) is amended by adding a paragraph at the end:
       ``(h) Fraud Prevention.--The Secretary of Homeland Security 
     may audit and evaluate the information furnished as part of 
     the applications filed under subsection (a) and refer 
     evidence of fraud to appropriate law enforcement agencies 
     based on the audit information.''
       (b) Sections 286(v)(2)(B) and (C) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(v)(2)(B), (C)) are amended to 
     read as follows:
       ``(B) Secretary of homeland security.--One-third of the 
     amounts deposited into the Fraud Prevention and Detection 
     Account shall remain available to the Secretary of Homeland 
     Security until expended for programs and activities to 
     prevent and detect immigration benefit fraud, including but 
     not limited to fraud with respect to petitions under 
     paragraph (1) or (2)(A) of section 214(c) to grant an alien 
     nonimmigrant status described in subparagraph (H)(i), 
     (H)(ii), or (L) of section 101(a)(15).
       ``(C) Secretary of labor.--One third of the amounts 
     deposited into the Fraud Prevention and Detection Account 
     shall remain available to the Secretary of Labor until 
     expended for enforcement programs, and activities described 
     in section 212(n), and for enforcement programs, and fraud 
     detection and prevention activities not otherwise authorized 
     under 212(n), to be conducted by the Secretary of Labor that 
     focus on industries likely to employ nonimmigrants.''

     SEC. 508. INCREASING PER-COUNTRY LIMITS FOR FAMILY-BASED AND 
                   EMPLOYMENT-BASED IMMIGRANTS.

       (a) Section 202(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1152(a) is amended by amending paragraph (2) to 
     read as follows:
       ``(2) Per country levels for family-sponsored and merit-
     based immigrants.--Subject to paragraphs (3), (4), (5), (6), 
     and (7), the total number of immigrant visas made available 
     to natives of any single foreign state or dependent area 
     under subsections (a) and (b) of section 203 in any fiscal 
     year may not exceed 10 percent (in the case of a single 
     foreign state) or 3 percent (in the case of dependent area) 
     of the total number of such visas made available under such 
     subsections in that fiscal year;
       (b) Section 202(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1152(a) is amended by adding at the end the 
     following:
       ``(6) Rules for certain family-based petition filed before 
     May 1, 2005.--In the event that the per country levels in 
     paragraph (2) prevent the use of otherwise available visas 
     described in section 201(c)(1)(B), then the per country level 
     will not apply for such visas.
       ``(7) Exception for Z nonimmigrants.--Paragraph (2) shall 
     not apply to aliens who are nonimmigrants described in 
     section 101(a)(15)(Z) of this Act who are eligible to seek 
     lawful permanent resident status based on a petition for 
     classification under section 203(b)(1) of this Act.''.
  TITLE VI--NONIMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN UNLAWFUL 
                                 STATUS

     SEC. 601.

       (a) In General.--Notwithstanding any other provision of 
     law, (including section 244(h) of the Immigration and 
     Nationality Act (hereinafter ``the Act'') (8 U.S.C. 
     1254a(h)), the Secretary may permit an alien, or dependent of 
     such alien, described in this section, to remain lawfully in 
     the United States under the conditions set forth in this 
     Title.
       (b) Definition of nonimmigrants.--Section 101(a)(15) of the 
     Act (8 U.S.C. 1101(a)(15)) is amended by inserting at the end 
     the following new subparagraph--
       ``(Z) subject to Title VI of the [Insert title of Act], an 
     alien who--
       ``(i) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 1, 2007, is employed, and seeks to continue 
     performing labor, services or education; or
       ``(ii) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 1, 2007, and
       ``(I) is the spouse or parent (65 years of age or older) of 
     an alien described in (i); or
       ``(II) was within two years of the date on which [NAME OF 
     THIS ACT] was introduced, the spouse of an allen who was 
     subsequently classified as a Z nonimmigrant under this 
     section, or is eligible for such classification, if--
       ``(aa) the termination of the relationship with such spouse 
     was connected to domestic violence; and
       ``(bb) the spouse has been battered or subjected to extreme 
     cruelty by the spouse or parent who is a Z nonimmigrant.
       ``(iii) is under 18 years of age at the time of application 
     for nonimmigrant status under this subparagraph, is 
     physically present in the United States, has maintained 
     continuous physical presence in the United States since 
     January 1, 2007, and was born to or legally adopted by at 
     least one parent who is at the time of application described 
     in (i) or (ii).''.
       (c) Presence in the United States.--
       (1) In General--The alien shall establish that the alien 
     was not present in lawful status in the United States on 
     January 1, 2007, under any classification described in 
     section 101(a)(15) of the Act (8 U.S.C. 1101(a)(15) or any 
     other immlgration status made available under a treaty or 
     other multinational agreement that has been ratified by the 
     Senate.
       (2) Continuous presence.--For purposes of this section, an 
     absence from the United States without authorization for a 
     continuous period of 90 days or more than 180 days in the 
     aggregate shall constitute a break in continuous physical 
     presence.
       (d) Other Criteria.--
       (1) Grounds of ineligibility.--An alien is ineligible for Z 
     nonimmigrant status if the Secretary determines that the 
     alien--
       (A)(1) is inadmissible to the United States under section 
     212(a) of the Act (8 U.S.C. 1182(a)}, except as provided in 
     paragraph (2);
       (2) Nothing in this paragraph shall require the Secretary 
     to commence removal proceedings against an alien.
       (B) is subject to the execution of an outstanding 
     administratively final order of removal, deportation, or 
     exclusion;
       (C) is described in or is subject to section 241(61)(5) of 
     the Act;
       (D) has ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion;
       (E) is an alien--
       (i) for whom there are reasonable grounds for believing 
     that the alien has committed a serious criminal offense as 
     described in section 101(h) of the Act outside the United 
     States before arrivlng in the. United States; or
       (ii) for whom there are reasonable grounds for regarding 
     the alien as a danger to the security of the United States; 
     or
       (F) has been convicted of--
       (i) a felony;
       (ii) an aggravated felony as defined at section 101(a)(43) 
     of the Act;
       (iii) 3 or more misdemeanors under Federal or State law; or
       (iv) a serious criminal offense as descried in section 
     101(h) of the Act;
       (G) has entered or attempted to enter the United States 
     illegally on or after January 1, 2007; and
       (H) with respect to an applicant for Z-2 or Z-3 
     nonimmigrant status, a Z-2 nonimmigrant, or a Z-3 
     nonimmigrant who is under 18 years of age, the alien is 
     ineligible for nonimmigrant status if the principal Z-1 
     nonimmigrantb Z-l nonimmigrant status applicant is 
     ineligible.
       (I) The Secretary may in his discretion waive ineligibility 
     under subparagraph (B) or (C) if the alien has not been 
     physically removed from the United States and if the alien 
     demonstrates that his departure from

[[Page S6676]]

     the United States would result in extreme hardship to the 
     alien or the alien's spouse, parent or child.
       (2) Grounds of inadmissibility--
       (A) In General.--In determining an alien's admissibility 
     under paragraph (1)(A)--
       (i) paragraphs (6)(A)(i) (with respect to an alien present 
     in the United States without being admitted or paroled before 
     the date of application, but not with respect to an alien who 
     has arrived in the United States on or after January 1, 
     2007), (6)(B), (6)(C)(i), (6)(C)(II), (6)(D), (6)(F), (6)(G), 
     (7), (9)(B), (9)(C)(i)(I), and (10)(B) of section 212(a) of 
     the Act shall not apply, but only with respect to conduct 
     occurring or arising before the date of application;
       (ii) the Secretary may not waive--
       (I) subparagraph (A), (B), (C), (D)(ii), (E), (F), (G), 
     (H), or (I) of section 212(a)(2) of the Act (relating to 
     criminals);
       (II) section 212(a)(3) of the Act (relating to security and 
     related grounds);
       (III) with respect to an application for Z nonimmigrant 
     status, section 212(a)(6)(i) of the Act;
       (IV) paragraph (6)(A)(i) of section 212(a) of the Act (with 
     respect to any entries occurring on or after January 1, 
     2007);
       (V) section 212(a)(9)(C)(i)(II);
       (VI) subparagraph (A), (C), or (D) of section 212(a)(10) of 
     the Act (relating to polygamists, child abductors, and 
     unlawful voters);
       (iii) the Secretary may in his discretion waive the 
     application of any provision of section 212(a) of the Act not 
     listed in subparagraph (B) on behalf of an individual alien 
     for humanitarian purposes, to ensure family unity, or if such 
     waiver is otherwise in the public interest; and
       (B) Construction.--Nothing in this paragraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this paragraph to waive the provisions of section 
     212(a) of the Act.
       (e) Eligibility Requirements.--To be eligible for Z 
     nonimmigrant status an alien shall meet the following and any 
     other applicable requirements set forth in this section:
       (1) Eligibility.--The alien must not fall within a class of 
     aliens ineligible for Z nonimmigrant status listed under 
     subsection (d)(l).
       (2) Admissibility.--The alien must not be inadmissible as a 
     nonimmigrant to the United States under section 212, except 
     as provided in subsection (d)(2), regardless of whether the 
     alien has previously been admitted to the United States.
       (3) Presence.--To be eligible for Z-1 or Z-2 nonimmigrant 
     status, or for nonimmigrant status under section 
     101(a)(15)(Z)(iii)(I), the alien must--
       (A) have been physically present in the United States 
     before January 1, 2007, and have maintained continuous 
     physical presence in the United States since that date;
       (B) be physically present in the United States on the date 
     of application for Z nonimmigrant status; and
       (C) be on January 1, 2007, and on the date of application 
     for Z nonimmigrant status, not present in lawful status in 
     the United States under any classification described in 
     section 101(a)(15) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)) or any other immigration status made 
     available under a treaty or other multinational agreement 
     that has been ratified by the Senate.
       (4) Employment.--An alien seeking Z-1 nonimmigrant status 
     must be employed in the United States on the date of filing 
     of the application for Z-l nonimmigrant status.
       (6) Fees and Penalties.--
       (A) Processing Fees.--
       (I) An alien making an initial application for Z 
     nonimmigrant status shall be required to pay a processing fee 
     in an amount sufficient to recover the full cost of 
     adjudicating the application; but no more than $1,500 for 
     single Z nonimmigrant.
       (ii) An alien applying for extension of his Z nonimmigrant 
     status shall be required to pay a processing fee in an amount 
     sufficient to cover administrative and other expenses 
     associated with processing the extension application; but no 
     more than $1,500 for a single Z nonimmigrant.
       (B) Penalties.--
       (i) An alien making an initial application for Z-1 
     nonimmigrant status shall be required to pay, in addition to 
     the processing fee in subparagraph (A), a penalty of $1,000.
       (ii) A Z-1 nonimmigrant making an initial application for 
     Z-1 nonimmigrant status shall be required to pay a $500 
     penalty for each alien seeking Z-2 or Z-3 nonimmigrant status 
     derivative to the 2-1 applicant.
       (iii) An alien who is a Z-2 or Z-3 nonimmigrant and who has 
     not previously been a Z-l nonimmigrant, and who changes 
     status to that of a Z-l nonimmigrant, shall in addition to 
     processing fees be required to pay the initial application 
     penalties applicable to Z-l nonimmigrants.
       (C) State Impact Assistance Fee.--In addition to any other 
     amounts required to be paid under this subsection, a Z-1 
     nonimmigrant making an initial application for Z-1 
     nonimmigrant status shall be required to pay a State impact 
     assistance fee equal to $500.
       (D) Deposit and Spending of Fees.--The processing fees 
     under subparagraph (A) shall be deposited and remain 
     available until expended as provided by sections 286(m) and 
     (n).
       (E) Deposit, Allocation, and Spending of Penalties.--
       (i) Deposit of Penalties.--The penalty under subparagraph 
     (B) shall be deposited and remain available as provided by 
     section 286(w).
       (ii) Deposit of State Impact Assistance Funds.--The funds 
     under subparagraph (C) shall be deposited and remain 
     available as provided by section 286(x).
       (7) Interview.--An applicant for Z nonimmigrant status must 
     appear to be interviewed.
       (8) Military Selective Service.--The alien shall establish 
     that if the alien is within the age period required under the 
     Military Selective Service Act (50 U.S.C. App. 451 et seq.) 
     that such alien has registered under that Act.
       (f) Application Procedures.--
       (1) In General.--The Secretary of Homeland Security shall 
     prescribe by notice in the Federal Register, in accordance 
     with the procedures described in section 610 of the [NAME OF 
     THIS ACT], the procedures for an alien in the United States 
     to apply for Z nonimmigrant status and the evidence required 
     to demonstrate eligibility for such status.
       (2) Initial receipt of applications.--The Secretary of 
     Homeland Security, or such other entities as are authorized 
     by the Secretary to accept applications under the procedures 
     established under this subsection, shall accept applications 
     from aliens for nonimmigrant status for a period of one year 
     starting the first day of the first month beginning no more 
     than 180 days after the date of enactment of this section. 
     If, during the one-year initial period for the receipt of 
     applications for Z nonimmigrant status, the Secretary of 
     Homeland Security determines that additional time is required 
     to register applicants for Z nonimmigrant status, the 
     Secretary may in his discretion extend the period for 
     accepting applications by up to 12 months.
       (3) Biometric Data.--Each alien applying for Z nonimmigrant 
     status must submit biometric data in accordance with 
     procedures established by the Secretary of Homeland Security.
       (g) Content of Application Filed by Alien.--
       (1) 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 Z 
     nonimmigrant status.
       (2) Application information.--
       (A) In general.--The application form shall request such 
     information as the Secretary deems necessary and appropriate, 
     including but not limited to, information concerning the 
     alien's physical and mental health; complete criminal 
     history, including all arrests and dispositions; gang 
     membership, renunciation of gang affiliation; immigration 
     history; employment history; and claims to United States 
     citizenship.
       (3) Security and law enforcement background checks.--
       (A) Submission of fingerprints.--The Secretary may not 
     accord Z nonimmigrant status unless the alien submits 
     fingerprints and other biometric data in accordance with 
     procedures established by the Secretary.
       (B) Background checks.--The Secretary shall utilize 
     fingerprints and other biometric data provided by the alien 
     to conduct appropriate background checks of such alien to 
     search for criminal, national security, or other law 
     enforcement actions that would render the alien ineligible 
     for classification under this section.
       (h) Treatment of Applicants.--
       (1) In general.--An alien who files an application for Z 
     nonimmigrant status shall, upon submission of any evidence 
     required under paragraphs (f) and (g) and after the Secretary 
     has conducted appropriate background checks, to include name 
     and fingerprint checks, that have not by the end of the next 
     business day produced information rendering the applicant 
     ineligible--
       (A) be granted probationary benefits in the form of 
     employment authorization pending final adjudication of the 
     alien's application;
       (B) may in the Secretary's discretion receive advance 
     permission to re-enter the United States pursuant to existing 
     regulations governing advance parole;
       (C) may not be detained for immigration purposes, 
     determined inadmissible or deportable, or removed pending 
     final adjudication of the alien's application, unless the 
     alien is determined to be ineligible for Z nonimmigrant 
     status; and
       (D) may not be considered an unauthorized alien (as defined 
     in section 274A(h)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(3))) unless employment authorization under 
     subparagraph (A) is denied.
       (2) Timing of probationary benefits.--No probationary 
     benefits shall be issued to an alien until the alien has 
     passed all appropriate background checks or the end of the 
     next business day, whichever is sooner.
       (3) Construction.--Nothing in this section shall be 
     construed to limit the Secretary's authority to conduct any 
     appropriate background and security checks subsequent to 
     issuance of evidence of probationary benefits under paragraph 
     (4).
       (4) Probationary Authorization Document.--The Secretary 
     shall provide each alien described in paragraph (1) with a 
     counterfeit-resistant document that reflects the benefits and 
     status set forth in paragraph (h)(1). The Secretary may by 
     regulation establish procedures for the issuance of 
     documentary evidence of probationary benefits and, except as 
     provided herein, the conditions under which such documentary 
     evidence expires, terminates, or is renewed. All documentary 
     evidence of probationary benefits shall expire no later than 
     six months after the date on which the Secretary begins

[[Page S6677]]

     to approve applications for Z nonimmigrant status.
       (5) Before Application Period.--If an alien is apprehended 
     between the date of enactment and the date on which the 
     period for initial registration closes under subsection 
     (f)(2), and the alien can establish prima facie eligibility 
     for Z nonimmigrant status, the Secretary shall provide the 
     alien with a reasonable opportunity to file an application 
     under this section after such regulations are promulgated.
       (6) During Certain Proceedings.--Notwithstanding any 
     provision of the Act, if the Secretary determines that an 
     alien who is in removal proceedings is prima facie eligible 
     for Z nonimmigrant status, then the Secretary shall 
     affirmatively communicate such determination to the 
     immigration judge. The immigration judge shall then terminate 
     or administratively close such proceedings and permit the 
     alien a reasonable opportunity to apply for such 
     classification.
       (i) Adjudication of Application Filed by Alien.--
       (1) In general.--The Secretary may approve the issuance of 
     documentation of status, as described in subsection (j), to 
     an applicant for a Z nonimmigrant visa who satisfies the 
     requirements of this section.
       (2) Evidence of continuous physical presence, employment, 
     or education.--
       (A) Presumptive documents.--A Z nonimmigrant or an 
     applicant for Z nonimmigrant status may presumptively 
     establish satisfaction of each required period of presence, 
     employment, or study by submitting records to the Secretary 
     that demonstrate such presence, employment, or study, and 
     that the Secretary verifies have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency.
       (B) Verification.--Each Federal agency, and each State or 
     local government agency, as a condition of receipt of any 
     funds under Section 286(x), shall within 90 days of enactment 
     ensure that procedures are in place under which such agency 
     shall--
       (i) consistent with all otherwise applicable laws, 
     including but not limited to laws governing privacy, provide 
     documentation to an alien upon request to satisfy the 
     documentary requirements of this paragraph; or
       (ii) notwithstanding any other provision of law, including 
     section 6103 of title 26, United States Code, provide 
     verification to the Secretary of documentation offered by an 
     alien as evidence of
       (I) presence or employment required under this section, or
       (II) a requirement for any other benefit under the 
     immigration laws.
       (C) Other documents.--A Z nonimmigrant or an applicant for 
     Z nonimmigrant status who is unable to submit a document 
     described in subparagraph (i) may establish satisfaction of 
     each required period of presence, employment, or study 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) employer records;
       (iv) records of a labor union or day labor center;
       (v) remittance records;
       (vi) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work, that contain--
       (aa) the name, address, and telephone number of the 
     affiant;
       (bb) the nature and duration of the relationship between 
     the affiant and the alien; and
       (cc) other verification or information.
       (D) Additional documents.--The Secretary may--
       (i) designate additional documents to evidence the required 
     period of presence, employment, or study; and
       (ii) set such terms and conditions on the use of affidavits 
     as is necessary to verify and confirm the identity of any 
     affiant or otherwise prevent fraudulent submissions.
       (3) Burden of proof.--An alien who is applying for a Z 
     nonimmigrant visa under this section shall prove, by a 
     preponderance of the evidence, that the alien has satisfied 
     the requirements of this section.
       (4) Denial of application.--
       (i) An alien who fails to satisfy the eligibility 
     requirements for a Z nonimmigrant visa shall have his 
     application denied and may not file additional applications.
       (ii) An alien who fails to submit requested initial 
     evidence, including requested biometric data, and requested 
     additional evidence by the date required by the Secretary 
     shall, except where the alien demonstrates to the 
     satisfaction of the Secretary that such failure was 
     reasonably excusable or was not willful, have his application 
     considered abandoned. Such application shall be denied and 
     the alien may not file additional applications.
       (j) Evidence of nonimmigrant status.--
       (1) In general.--Documentary evidence of nonimmigrant 
     status shall be issued to each Z nonimmigrant.
       (2) Features of documentation.--Documentary evidence of Z 
     nonimmigrant status:
       (A) shall be machine-readable, tamper-resistant, and shall 
     contain digitized photograph and other biometric identifiers 
     that can be authenticated;
       (B) shall be designed in consultation with U.S. Immigration 
     and Customs Enforcement's Forensic Document Laboratory;
       (C) shall, during the alien's authorized period of 
     admission under subsection (k), serve as valid travel and 
     entry document for the purpose of applying for admission to 
     the United States where the alien is applying for admission 
     at a Port of Entry.
       (D) 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
       (E) shall be issued to the nonimmigrant by the Secretory of 
     Homeland Security promptly after final adjudication of such 
     aliens application for Z nonimmigrant status, except that an 
     alien may not be granted permanent Z nonimmigrant status 
     until all appropriate background checks on the alien are 
     completed to the satisfaction of the Secretary of Homeland 
     Security.
       (k) Period of authorized admission.--
       (1) Initial period.--The initial period of authorized 
     admission as a Z nonimmigrant shall be four years.
       (2) Extensions.--
       (A) In general.--Z nonimmigrant may seek an indefinite 
     number of four-year extensions of the initial period of 
     authorized admission.
       (B) Requirements.--In order to be eligible for an extension 
     of the initial or any subsequent period of authorized 
     admission under this paragraph, an alien must satisfy the 
     following requirements:
       (i) Eligibility.--The alien must demonstrate continuing 
     eligibility for nonimmigrant status;
       (ii) English language and civics.--
       ``(I) Requirement at first renewal.--At or before the time 
     of application for the first extension of nonimmigrant 
     status, an alien who is 18 years of age or older must 
     demonstrate an attempt to gain an understanding of the 
     English language and knowledge of United States civics by 
     taking the naturalization test described in sections 
     312(a)(1) and (2) by demonstrating enrollment in or placement 
     on a waiting list for English classes.
       (II) Requirement at second renewal.--At or before the time 
     of application for the second extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must pass 
     the naturalization test described in sections 312(a)(1) and 
     (2). The alien may make up to three attempts to demonstrate 
     such understanding and knowledge but must satisfy this 
     requirement prior to the expiration of the second extension 
     of Z nonimmigrant status.
       (III) Exception.--The requirement of subclauses (1) and 
     (II) shall not apply to any parson who, on the date of the 
     filing of the person's application for an extension of 
     nonimmigrant status--
       (aa) is unable because of physical or developmental 
     disability or mental impairment to comply therewith;
       (bb) is over fifty years of age and has been living the 
     United States for periods totaling at least twenty years, or
       (cc) is over fifty-five years of age and has been living in 
     the United States for periods totaling at least fifteen 
     years.
       (iii) Employment.--With respect to an extension of Z-1 or 
     Z-3 nonimmigrant status an alien must demonstrate 
     satisfaction of the employment or study requirements provided 
     in subsection (m) during the alien's most recent authorized 
     period of stay as of the date of application; and
       (iv) Fees.--The alien must pay processing fee in an amount 
     sufficient to recover the full cost of adjudicating the 
     application, but no more than $1,500 for a single Z 
     nonimmigrant.
       (C) Security and law enforcement background checks.--An 
     alien applying for extension of Z nonimmigrant status may be 
     required to submit to a renewed security and law enforcement 
     background check that must be completed to the satisfaction 
     of the Secretary of Homeland Security before such extension 
     may be granted.
       (D) Timely filing and maintenance of status.
       (i) In general.--An extension of stay under this paragraph, 
     or a change of status to another nonimmigrant status under 
     subsection (I), may not be approved for an applicant who 
     failed to maintain Z nonimmigrant status or where such status 
     expired or terminated before the application was filed.
       (ii) Exception.--Failure to file before the period of 
     previously authorized status expired or terminated may be 
     excused in the discretion of the Secretary and without 
     separate application, with any extension granted from the 
     date the previously authorized stay expired, where it is 
     demonstrated at the time of filing that:
       (I) the delay was due to extraordinary circumstances beyond 
     the control of the applicant, and the Secretary finds the 
     delay commensurate with the circumstances; and
       (II) the alien has not otherwise violated his Z 
     nonimmigrant status.
       (iii) Exemptions from penalty and employment 
     requirements.--An alien demonstrating extraordinary 
     circumstances under clause (ii), including the spouse of a Z-
     1 nonimmigrant who has been battered or has been the subject 
     of extreme cruelty perpetrated by the Z-1 nonimmigrant, and 
     who is changing to Z-1 nonimmigrant status, may be exempted 
     by the Secretary, in his discretion, from--
       (I) the requirements under subsection (m) for period of up 
     to 180 days; and
       (II) the penalty provisions of section (e)(6)(B)(iii), 
     except that the alien must pay the penalty under section 
     (e)(6)(B) at the time of application for the alien's first 
     subsequent extension of Z-1 nonimmigrant status.

[[Page S6678]]

       (E) Bars to Extension.--Except as provided in subparagraph 
     (D), a Z nonimmigrant shall not be eligible to extend such 
     nonimmigrant status if:
       (i) the alien has violated any term or condition of his or 
     her Z nonimmigrant status, including but not limited to 
     failing to comply with the change of address reporting 
     requirements under section 265;
       (ii) the period of authorized admission of the Z 
     nonimmigrant has been terminated for any reason; or
       (iii) with respect to a Z-2 or Z-3 nonimmigrant, the 
     principal allen's Z-l nonimmigrant status has been 
     terminated.
       (l) Change of Status.--
       (1) Change from Nonimmigrant Status.--
       (A) In General.--A Z nonimmigrant may not change status 
     under section 248 to another nonimmigrant status, except 
     another Z nonimmigrant status or status under subparagraph 
     (U) of section 101(a)(15).
       (B) Change from Z-A Status.-- A Z-A nonimmigrant may change 
     status to Z nonimmigrant status at the time of renewal 
     referenced in section 214A(j)(1)(C) of the Immigration and 
     Nationality Act.
       (C) Limit on Changes.--A Z nonimmigrant may not change 
     status more than one time per 365-day period. The Secretary 
     may, in his discretion, waive the application of this 
     subparagraph to an alien if it is established to the 
     satisfaction of the Secretary that application of this 
     subparagraph would result in extreme hardship to the alien.
       (2) No Change to Z Nonimmigrant Status.--A nonimmigrant 
     under the immigration laws may not change status under 
     section 248 to Z nonimmigrant status.
       (m) Employment.--
       (1) Z-l and Z-3 Nonimmigrants.--
       (A) In General.--Z-l and Z-3 nonimmigrants shall be 
     authorized to work in the United States.
       (B) Continuous Employment Requirement.--All requirements 
     that an alien be employed or seeking employment for purposes 
     of this Title shall not apply to an alien who is under 16 
     years or over 65 years of age. A Z-l or Z-3 nonimmigrant 
     between 16 and 65 years of age must remain continuously 
     employed full time in the United States as a condition of 
     such nonimmigrant status, except where--
       (i) the alien is pursuing full course of study at an 
     established college, university, seminary, conservatory, 
     trade school, academic high school, elementary school, or 
     other academic institution or language training program;
       (ii) the alien is employed while also engaged in study at 
     an established college, university, seminary, conservatory, 
     academic high school, elementary school, or other academic 
     institution or language training program;
       (iii) the alien cannot demonstrate employment because of a 
     physical or mental disability (as defined under section 3(2) 
     of the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12102(2)) or as a result of pregnancy if such condition is 
     evidenced by the submission of documentation prescribed by 
     the Secretary; or
       (iv) the alien's ability to work has been temporarily 
     interrupted by an event that the Secretary has determined to 
     be a force majeure interruption.
       (2) Z-2 Nonimmigrants.--Z-2 nonimmigrants shall be 
     authorized to work in the United States.
       (3) Portability.--Nothing in this subsection shall be 
     construed to limit the ability of a Z nonimmigrant to change 
     employers during the alien's period of authorized admission.
       (n) Travel Outside the United States.--
       (1) In General--AZ nonimmigrant.--
       (A) may travel outside of the United States; and
       (B) may be readmitted (if otherwise admissible) without 
     having to obtain a visa if:
       (i) the alien's most recent period of authorized admission 
     has not expired;
       (ii) the alien is the bearer of valid documentary evidence 
     of Z nonimmigrant status that satisfies the conditions set 
     forth in section (j); and
       (iii) the alien is not subject to the bars on extension 
     described in subsection (k)(2)(E).
       (2) Admissibility--On seeking readmission to the United 
     States after travel outside the United States an alien 
     granted Z nonimmigrant status must establish that he or she 
     is not inadmissible, except as provided by subsection (d)(2).
       (3) Effect on Period of Authorized Admission.--Time spent 
     outside the United States under paragraph (1) shall not 
     extend the most recent period of authorized admission in the 
     United States under subsection (k).
       (o) Termination of Benefits.--
       (1) In General.--Any benefit provided to a Z nonimmigrant 
     or an applicant for Z nonimmigrant status under this section 
     shall terminate if--
       (A) the Secretary determines that the alien is ineligible 
     for such classification and all review procedures under 
     section 603 of the [Insert title of Act] have been exhausted 
     or waived by the alien;
       (B)(i) the alien is found removable from the United States 
     under section 237 of the Immigration and Nationality Act (8 
     U.S.C. 1227);
       (ii) the alien becomes inadmissible under section 212 
     (except as provided in subsection (d)(2), or
       (iii) the alien becomes ineligible under subsection (d)(l);
       (C) the alien has used documentation issued under this 
     section for unlawful or fraudulent purposes;
       (D) in the case of the spouse or child of an alien applying 
     for a Z nonimmigrant visa or classified as a Z nonimmigrant 
     under this section, the benefits for the principal alien are 
     terminated;
       (E) with respect to a Z-l or Z-3 nonimmigrant, the 
     employment or study requirements under subsection (m) have 
     been violated; or
       (F) with respect to probationary benefits, the alien's 
     application for Z nonimmigrant status is denied.
       (2) Denial of Immigrant Visa or Adjustment Application.--
     Any application for an immigrant visa or adjustment of status 
     to lawful permanent resident status made under this section 
     by an alien whose Z nonimmigrant status is terminated under 
     paragraph (1) shall be denied.
       (3) Departure from the United States.--Any alien whose 
     period of authorized admission or probationary benefits is 
     terminated under paragraph (1), as well as the alien's Z-2 or 
     Z-3 nonimmigrant dependents, shall depart the United States 
     immediately.
       (4) Invalidation of Documentation.--Any documentation that 
     is issued by the Secretary of Homeland Security under 
     subsection (j) or pursuant to subsection (h)(4) to any alien, 
     whose period of authorized admission terminates under 
     paragraph (1), shall automatically be rendered invalid for 
     any purpose except departure.
       (p) Revocation.--If, at any time after an alien has 
     obtained status under section 601 of the [Insert title of 
     Act] but not yet adjusted such status to that of an alien 
     lawfully admitted for permanent residence under section 602, 
     the Secretary may, for good and sufficient cause, if it 
     appears that the alien was not in fact eligible for status 
     under section 601, revoke the alien's status following 
     appropriate notice to the alien.
       (q) Dissemination of Information on Z Program.--During the 
     2 year period immediately after the issuance of regulations 
     implementing this title, the Secretary, in cooperation with 
     entities approved by the Secretary, shall broadly disseminate 
     information respecting Z classification under this section 
     and the requirements to be satisfied to obtain such 
     classification. The Secretary shall 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 no fewer than the top five principal 
     languages, as determined by the Secretary in his discretion, 
     spoken by aliens who would qualify for classification under 
     this section, including to television, radio, and print media 
     to which such aliens would have access.
       (r) Definitions.--In this title and section 214A of the 
     Immigration and Nationality Act:
       (1)Z Nonimmigrant; Z nonimmigrant worker.--The term `Z 
     nonimmigrant worker' means an alien admitted to the United 
     States under paragraph (Z) of subsection 101(a)(15). The term 
     does not include aliens granted probationary benefits under 
     subsection (h) and whose applications for nonimmigrant status 
     under section 101(a)(15)(Z) of the Act have not yet been 
     adjudicated.
       (2) Z-1 nonimmigrant; z-1 worker.--The term `Z-1 
     nonimmigrant' or `Z-1 worker' means an alien admitted to the 
     United States under paragraph (i)(I) of subsection 
     10 1(a)(15)(Z).
       (3) Z-A nonimmigrant; z-a worker.--The term `Z-A 
     nonimmigrant' or `Z-A worker' means an alien admitted to the 
     United States under paragraph (ii)(II) of subsection 
     101(a)(15)(Z).
       (4) Z-2 nonimmigrant.--The term `Z-2 nonimmigrant' means an 
     alien admitted to the United States under paragraph (ii) of 
     subsection 101(a)(15)(Z).
       (5) Z-3 nonimmigrant; z-3 worker.--The term `Z-3 
     nonimmigrant' or `Z-3 worker' means an alien admitted to the 
     United States under paragraph (iii) of subsection 
     101(a)(15)(z).

     SEC. 602. EARNED ADJUSTMENT FOR Z STATUS ALIENS.

       (a) Lawful permanent residence.--
       (1) Z-1 nonimmigrants.--
       (A) Prohibition on immigrant Visa.--A Z-1 nonimmigrant may 
     not be issued an immigrant visa pursuant to sections 221 and 
     222.
       (B) Adjustment.--Notwithstanding sections 245(a) and (c), 
     the status of any Z-1 nonimmigrant may be adjusted by the 
     Secretary of Homeland Security to that of an alien lawfully 
     admitted for permanent residence.
       (C) Requirements.--A Z-1 nonimmigrant may adjust status to 
     that of an alien lawfully admitted for permanent residence 
     upon satisfying, in addition to all other requirements 
     imposed by law, including the merit requirements set forth in 
     section 203(b)(1)(A)[INSERT CITE], the following 
     requirements:
       (i) Status.--The alien must be in valid Z-1 nonimmigrant 
     status;
       (ii) Consular application.--
       (I) In general.--A Z-1 nonimmigrant's application for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence must be filed in person with a United 
     States consulate abroad.
       (II) Place of application.--Unless otherwise directed by 
     the Secretary of State, a Z-1 nonimmigrant applying for 
     adjustment of status under this paragraph shall make an 
     application at a consular office in the alien's country of 
     origin. A consular office in a country that is not Z-1 
     nonimmigrant's

[[Page S6679]]

     country of origin may as a matter of discretion, or shall at 
     the direction of the Secretary of State, accept an 
     application for adjustment of status from such an alien.
       (iii) Approved petition.--The alien must be the beneficiary 
     of an approved petition under section 204 of the Act or have 
     an approved petition that was filed pursuant to the 
     evaluation system under section 203(b)(1)(A) of the Act;
       (iv) Admissibility.--The alien must not be inadmissible 
     under section 212(a), except for those grounds previously 
     waived under subsection (d)(2);
       (v) Fees and penalties.--In addition to the fees payable to 
     the Secretary of Homeland Security and Secretary of State in 
     connection with the filing of an immigrant petition and 
     application for adjustment of status, a Z-1 head of household 
     must pay a $4,000 penalty at the time of submission of any 
     immigrant petition on his behalf, regardless of whether the 
     alien submits such petition on his own behalf or the alien is 
     the beneficiary of an immigrant petition filed by another 
     party; and
       (D) Exemptions.--Section 602(a)(1)(c)(ii) shall not apply 
     to an alien who, on the date on which the application for 
     adjustment of status is filed under this section, is exempted 
     from the employment requirements under subsection 
     (m)(l)(B)(iii).
       (E) Failure to establish lawful admission to the United 
     States.--Unless exempted under subparagraph (D), a Z 
     immigrant who fails to depart and reenter the United States 
     in accordance with paragraph (1) may not become a lawful 
     permanent resident under this section.
       (2) Z-2 and Z-3 Nonimmigrants.--
       (A) Restriction on visa issuance or adjustment.--An 
     application for an immigrant visa or for adjustment of status 
     to that of an alien lawfully admitted for permanent residence 
     of a Z-2 nonimmigrant or a Z-3 nonimmigrant under 18 years of 
     age may not be approved before the adjustment of status of 
     the alien's principal Z-1 nonimmigrant.
       (B) Adjustment of status.--
       (i) Adjustment.--Notwithstanding sections 245(a) and (c), 
     the status of any Z-2 or Z-3 nonimmigrant may be adjusted by 
     the Secretary of Homeland Security to that of an alien 
     lawfully admitted for permanent residence.
       (ii) Requirements.--A Z-2 or Z-3 nonimmigrant may adjust 
     status to that of an alien lawfully admitted for permanent 
     residence upon satisfying, in addition to all other 
     requirements imposed by law, the following requirements:
       (I) Status.--The alien must be in valid Z-2 or Z-3 
     nonimmigrant status;
       (II) Approved petition.--The alien must be the beneficiary 
     of an approved petition under section 204 of the Act or have 
     an approved petition that was filed pursuant to the merit-
     based evaluation system under section 203(b)(1)(A) of the 
     Act;
       (III) Admissibility.--The alien must not be inadmissible 
     under section 212(a), except for those grounds previously 
     waived under subsection (d)(2);
       (IV) Fees.--The alien must pay the fees payable to the 
     Secretary of Homeland Security and Secretary of State in 
     connection with the filing of an immigrant petition and 
     application for an immigrant visa; and
       (3) Maintenance of waivers of inadmissibility.--The grounds 
     of inadmissibility not applicable under section (d)(2) shall 
     also be considered inapplicable for purposes of admission as 
     an immigrant or adjustment pursuant to this subsection.
       (4) Application of other law.--In processing applications 
     under this subsection on behalf of aliens who have been 
     battered or subjected to extreme cruelty, the Secretary shall 
     apply--
       (A) the provisions under section 204(a)(1)(J) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(J)); and
       (B) the protections, prohibitions, and penalties under 
     section 384 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1367).
       (5) Back of the line.--An alien may not adjust status to 
     that of a lawful permanent resident under this section until 
     30 days after an immigrant visa becomes available for 
     approved petitions filed under sections 201, 202, and 203 of 
     the Act that were filed before May 1, 2005.
       (6) 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 under this section 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.).
       (7) Medical examination.--An applicant for earned 
     adjustment shall undergo an appropriate medical examination 
     (including a determination of immunization status) that 
     conforms to generally accepted professional standards of 
     medical practice.
       (8) Payment of income taxes.--
       (A) In General.--Not later than the date on which status is 
     adjusted under this section, the applicant shall satisfy any 
     applicable Federal tax Liability accrued during the period of 
     status by establishing that--
       (i) no such tax liability exists;
       (ii) all outstanding liabilities have been paid; or
       (iii) the applicant has entered into, and is in compliance 
     with, an agreement for payment of all outstanding liabilities 
     with the Internal Revenue Service.
       (B) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to--
       (i) the applicant, upon request, to establish the payment 
     of all taxes required under this subsection; or
       (ii) the Secretary, upon request, regarding the payment of 
     Federal taxes by an alien applying for benefit under this 
     section.
       (9) Deposit of fees.--Fees collected under this paragraph 
     shall be deposited into the Immigration Examination Fee 
     Account and shall remain available as provided under 
     subsections (m) and (n) of section 286 of the Immigration and 
     Nationality Act (8 U.S.C. 1356).
       (10) Deposit of penalties.--Penalties collected under this 
     paragraph shal1 be deposited into the Temporary Worker 
     Program Account and shall remain available as provided under 
     section 286(w) of the Immigration and Nationality Act.

     SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND 
                   JUDICIAL REVIEW FOR ALIENS WHO HAVE APPLIED FOR 
                   LEGAL STATUS.

       (a) Administrative Review for Aliens Who Have Applied for 
     Status Under this Title.--
       (1) Exclusive review.--Administrative review of a 
     determination respecting nonimmigrant status under this title 
     shall be conducted solely in accordance with this subsection.
       (2) Administrative appellate review.--Except as provided in 
     subparagraph (b)(2), an alien whose status under this title 
     has been denied, terminated, or revoked may file not more 
     than one appeal of the denial, termination, or rescission 
     with the Secretary not later than 30 calendar days after the 
     date of the decision or mailing thereof, whichever occurs 
     later in time. The Secretary shall establish an appellate 
     authority to provide for a single level of administrative 
     appellate review of a denial, termination, or rescission of 
     status under [this Act].
       (3) 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 newly discovered or 
     previously unavailable evidence as the administrative 
     appellate review authority may decide to consider at the time 
     of the determination.
       (4) Limitation on motions to reopen and reconsider.--During 
     the administrative appellate review process the alien may 
     file not more than one motion to reopen or to reconsider. The 
     Secretary's decision whether to consider any such motion is 
     committed to the Secretary's discretion.
       (b) Removal of aliens who have been denied status under 
     this title.--
       (1) Self-initiated removal.--Any alien who receives a 
     denial under subsection (a) may request, not later than 30 
     calendar days after the date of the denial or the mailing 
     thereof, whichever occurs later in time, that the Secretary 
     place the alien in removal proceedings. The Secretary shall 
     place the alien in removal proceedings to which the alien 
     would otherwise be subject, unless the alien is subject to an 
     administratively final order of removal, provided that no 
     court shall have jurisdiction to review the timing of the 
     Secretary's initiation of such proceedings. If the alien is 
     subject to an administratively final order of removal, the 
     alien may seek review of the denial under this section 
     pursuant to subsection 242(h) as though the order of removal 
     had been entered on the date of the denial, provided that the 
     court shall not review the order of removal except as 
     otherwise provided by law.
       (2) Aliens who are determined to be ineligible due to 
     criminal convictions.--
       (i) Aggravated felons.--Notwithstanding any other provision 
     of this Act, an alien whose application for status under this 
     title has been denied or whose status has been terminated or 
     revoked by the Secretary under clause (1)(F)(ii) of 
     subsection 601(d) of [this Act] because the alien has been 
     convicted of an aggravated felony, as defined in paragraph 
     101(a)(43) of the INA, may be placed forthwith in proceedings 
     pursuant to section 238(b) of the INA.
       (ii) Other criminals.--Notwithstanding any other provision 
     of this Act, any other alien whose application for status 
     under this title has been denied or whose status has been 
     terminated or revoked by the Secretary under clauses 
     (1)(F)(i), (iii), or (iv) of subsection [CITE: 601(d)] of 
     [this Act] may be placed forthwith in removal proceedings 
     under section 240 of the INA.
       (iii) Final denial, termination or rescission.--The 
     Secretary's denial, termination, or rescission of the status 
     of any alien described in clauses (i) and (ii) of this 
     subparagraph shall be final for purposes of subparagraph 
     242(h)(3)(C) of the INA and shall represent the exhaustion of 
     all review procedures for purposes of subsections 601(h) 
     (relating to treatment of applicants) and 601(o) (relating to 
     termination of proceedings) of this Act, notwithstanding 
     paragraph (a)(2) of this section.
       (3) Limitation on motions to reopen and reconsider.--During 
     the removal process under this subsection the alien may file 
     not more than one motion to reopen or to reconsider. The 
     Secretary's or Attorney General's decision whether to 
     consider any such motion is committed to the Attorney 
     General's discretion.
       (c) Judicial Review.--Section 242 of the Immigration and 
     Nationality Act is amended by adding at the end the following 
     subsection (h):

[[Page S6680]]

       ``(h) Judicial Review of Eligibility Determinations 
     Relating to Status Under Title VI of [this Act].
       ``(1) Exclusive review.--Notwithstanding any other 
     provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, or any other habeas corpus 
     provision, and sections 1361 and 1651 of such title, and 
     except as provided in this subsection, no court shall have 
     jurisdiction to review a determination respecting an 
     application for status under title VI of [this Act], 
     including, without limitation, denial, termination, or 
     rescission of such status.
       ``(2) No review for late filings.--An alien may not file an 
     application for status under title VI of [this Act] beyond 
     the period for receipt of such applications established by 
     subsection 601(f) thereof. The denial of any application 
     filed beyond the expiration of the period established by that 
     subsection shall not be subject to judicial review or remedy.
       ``(3) Review of a denial, termination, or rescission of 
     status under Title VI of [this Act].--A denial, termination, 
     or rescission of status under subsection 601 of [this Act] 
     may be reviewed only in conjunction with the judicial review 
     of an order of removal under this section, provided that:
       ``(A) the venue provision set forth in (b)(2) shall govern;
       ``(B) the deadline for filing the petition for review in 
     (b)(l) shall control;
       ``(C) the alien has exhausted all administrative remedies 
     available to the alien as of right, including but not limited 
     to the timely filing of an administrative appeal pursuant to 
     subsection 603(a) of [this Act];
       ``(D) the court shall decide a challenge to the denial of 
     status only on the administrative record on which the 
     Secretary's denial, termination, or rescission was based;
       ``(E) Limitation on review.--Notwithstanding any other 
     provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, or any other habeas corpus 
     provision, and sections 1361 and 1651 of such title, no court 
     reviewing denial, termination, or rescission of status under 
     Title VI of [this Act] may review any discretionary decision 
     or action of the Secretary regarding any application for or 
     termination or rescission of such status; and
       ``(F) Limitation on motions to reopen and reconsider.--The 
     alien may file not more than one motion to reopen or to 
     reconsider in proceedings brought under this section.
       ``(4) Standard for judicial review.--Judicial review of the 
     Secretary's denial, termination, or rescission of status 
     under title VI of [this Act] relating to any alien shall be 
     based solely upon the administrative record before the 
     Secretary when he enters final denial, termination, or 
     rescission. The administrative findings of fact are 
     conclusive unless any reasonable adjudicator would be 
     compelled to conclude to the contrary. The legal 
     determinations are conclusive unless manifestly contrary to 
     law.
       ``(5) Challenges on validity of the system.--
       ``(A) In general.--Any claim that title VI of [this Act], 
     or any regulation, written policy, or written directive 
     issued or unwritten policy or practice initiated by or under 
     the authority of the Secretary of Homeland Security to 
     implement that title, violates the Constitution of the United 
     States or is otherwise in violation of law is available 
     exclusively in an action instituted in the United States 
     District Court for the District of Columbia in accordance 
     with the procedures prescribed in this paragraph. Nothing in 
     this subparagraph shall preclude an applicant for status 
     under title VI of [this Act] from asserting that an action 
     taken or decision made by the Secretary with respect to his 
     status under that title was contrary to law in proceeding 
     under section 603 of [this Act] and paragraph (b)(2) of this 
     section.
       ``(B) Deadlines for bringing actions.--Any action 
     instituted under this paragraph,
       ``(i) must, if it asserts a claim that title VI of [this 
     Act] or any regulation, written policy, or written directive 
     issued by or under the authority of the Secretary to 
     implement that title violates the Constitution or is 
     otherwise unlawful, be filed no later than one year after the 
     date of the publication or promulgation of the challenged 
     regulation, policy or directive or, in cases challenging the 
     validity of the Act, within one year of enactment; and
       ``(ii) must, if it asserts a claim that an unwritten policy 
     or practice initiated by or under the authority of the 
     Secretary violates the Constitution or is otherwise unlawful, 
     be filed no later than one year after the plaintiff knew or 
     reasonably should have known of the unwritten policy or 
     practice.
       ``(C) Class actions.--Any claim described in subparagraph 
     (A) that is brought as a class action shall be brought in 
     conformity with Public Law 109-2 and the Federal Rules of 
     Civil Procedure.
       ``(D) Preclusive effect.--The final disposition of any 
     claim brought under subparagraph (5)(A) shall be preclusive 
     of any such claim asserted in a subsequent proceeding under 
     this subsection or under subsection 603 [of this Act].
       ``(E) Exhaustion and stay of proceedings.--No claim brought 
     under this paragraph shall require the plaintiff to exhaust 
     administrative remedies under subsection 603 of [this Act], 
     but nothing shall prevent the court from staying proceedings 
     under this paragraph to permit the Secretary to evaluate an 
     allegation of an unwritten policy or practice or to take 
     corrective action. In issuing such a stay, the court shall 
     take into account any harm the stay may cause to the 
     claimant. The court shall have no authority to stay 
     proceedings initiated under any other section of the INA.''.

     SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

       (a) In General.--Except as otherwise provided in this 
     section, no Federal agency or bureau, nor any officer, 
     employee or contractor of such agency or bureau, may--
       (1) use the information furnished by an applicant under 
     section 601[and 602] of the [--] or the fact that the 
     applicant applied for such Z status for any purpose other 
     than to make a determination on the application, any 
     subsequent application to extend such status under section 
     601 of such Act, or to adjust status to that of an alien 
     lawfully admitted for permanent residence under section 602 
     of such Act;
       (2) make or release any publication through which the 
     information furnished by any particular applicant can be 
     identified; or
       (3) permit anyone other than the officers, employees or 
     contractors of such agency, bureau, or approved entity, as 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed.
       (b) Exceptions to confidentiality.--
       (1) Subsection (a) shall not apply with respect to--
       (A) an alien whose application has been denied, terminated 
     or revoked based on the Secretary's finding that the alien--
       (i) is inadmissible under sections 212(a)(2), (3), 
     (6)(C)(i) (with respect to information furnished by an 
     applicant under section 601 or 602 of the [--]), or (6)(E) of 
     the Act;
       (ii) is deportable under sections 237(a)(1)(E), (l)(G), 
     (2), or (4) of the Act;
       (iii) was physically removed and is subject to 
     reinstatement pursuant to section 241(a)(5).
       (B) an alien whose application for Z nonimmigrant status 
     has been denied, terminated, or revoked under section 
     601(d)(1)(F);
       (C) an alien whom the Secretary determines has ordered, 
     incited, assisted, or otherwise participated in the 
     persecution of any person on account of race, religion, 
     nationality, membership in particular social group, or 
     political opinion;
       (D) an alien whom the Secretary determines has, in 
     connection with his application under sections 601 or 602, 
     engaged in fraud or willful misrepresentation, concealment of 
     a material fact, or knowingly offered a false statement, 
     representation or document;
       (E) an alien who has knowingly and voluntarily waived in 
     writing the confidentiality provisions in subsection (a); or
       (F) an order from a court of competent jurisdiction.
       (2) Nothing in this subsection shall require the Secretary 
     to commence removal proceedings against an alien whose 
     application has been denied, terminated, or revoked based on 
     the Secretary's finding that the alien is inadmissible or 
     deportable.
       (c) Authorized Disclosures.--Information furnished on or 
     derived from an application described in subsection (a) may 
     be disclosed to--
       (1) a law enforcement agency, intelligence agency, national 
     security agency, component of the Department of Homeland 
     Security, court, or grand jury in connection with a criminal 
     investigation or prosecution or a national security 
     investigation or prosecution; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (e) Auditing and Evaluation of Information.--The Secretary 
     may audit and evaluate information furnished as part of any 
     application filed under sections 601 and 602, of [--], any 
     application to extend such status under section 601(k) of 
     such Act, or any application to adjust status to that of an 
     alien lawfully admitted for permanent residence under section 
     602 of such Act, for purposes of identifying fraud or fraud 
     schemes, and may use any evidence detected by means of audits 
     and evaluations for purposes of investigating, prosecuting or 
     referring for prosecution, denying, or terminating 
     immigration benefits.
       (f) Use of Information in Petitions and Applications 
     Subsequent to Adjustment of Status.--If the Secretary has 
     adjusted an alien's status to that of an alien lawfully 
     admitted for permanent residence pursuant to section 602 of 
     [--], then at any time thereafter the Secretary may use the 
     information furnished by the alien in the application for 
     adjustment of status or in the application for status 
     pursuant to sections 601 or 602 to make a determination on 
     any petition or application.
       (g) Penalties.--Whoever knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.
       (h) Construction.--Nothing in this section shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes of information contained in files or 
     records of the Secretary or Attorney General pertaining to an 
     applications filed under sections 601 or 602, 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.

     SEC. 605. EMPLOYER PROTECTIONS.

       (a) Copies of employment records or other evidence of 
     employment provided by an alien or by an alien's employer in 
     support of an alien's application for Z nonimmigrant status 
     shall not be used in prosecution or investigation (civil or 
     criminal) of that employer

[[Page S6681]]

     under section 247A (8 U.S.C. 1324a) or the tax laws of the 
     United States for the prior unlawful employment of that 
     alien, regardless of the adjudication of such application or 
     reconsideration by the Secretary of such alien's prima facie 
     eligibility determination.
       (b) Applicability of Other Law.--Nothing in this section 
     may be used to shield an employer from liability under 
     section 274B of the Immigration and Nationality Act (8 U.S.C. 
     1324b) or any other labor or employment law.

     SEC. 606. ENUMERATION OF SOCIAL SECURITY NUMBER.

       The Secretary of Homeland Security, in coordination with 
     the Commissioner of the Social Security Administration, shall 
     implement a system to allow for the prompt enumeration of a 
     Social Security number after the Secretary of Homeland 
     Security has granted an alien Z nonimmigrant status or any 
     probationary benefits based upon application for such status.

     SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS FOR YEARS 
                   PRIOR TO ENUMERATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by:
       (1) amending subsection (c) by deleting ``For'' and 
     inserting ``Except as provided in subsection (e), for''; and
       (2) adding at the end the following new subsections:
       ``(d)(l) Except as provided in paragraph (2) and subsection 
     (e), for purposes of this section and for purposes of 
     determining a qualifying quarter of coverage under 8 U.S.C. 
     1612(b)(2)(B), no quarter of coverage shall be credited if, 
     with respect to any individual who is assigned a social 
     security account number after 2007, such quarter of coverage 
     is earned prior to the year in which such social security 
     account number is assigned.
       ``(2) Paragraph (1) shall not apply with respect to any 
     quarter of coverage earned by an individual who satisfies the 
     criterion specified in subsection (c)(2).
       ``(e) Subsection (d) shall not apply with respect to a 
     determination under subsection (a) or (b) for a deceased 
     individual in the case of a child who is a United States 
     citizen and who is applying for child's insurance benefits 
     under section 202(d) based on the wages and self-employment 
     income of such deceased individual.''.
       (b) Benefit Computation.--Section 215(e) of such Act (42 
     U.S.C. 415(e)) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``;and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) in computing the average indexed monthly earnings of 
     an individual, there shall not be counted any wages or self-
     employment income for any year for which no quarter of 
     coverage may be credited to such individual as a result of 
     the application of section 214(d).''
       (c) Effective Date--The amendment made by subsection (a) 
     that provides for a new section 214(e) of the Social Security 
     Act shall be effective with respect to applications for 
     benefits filed after the sixth month following the month this 
     Act is enacted.

     SEC. 608. PAYMENT OF PENALTIES AND USE OF PENALTIES 
                   COLLECTED.

       (a) The Secretary shall by regulation establish procedures 
     allowing for the payment of 80 percent of the penalties 
     described in Section 601(e)(6)(B) and Section 602(a)(1)(C)(v) 
     through an installment payment plan.
       (b) Any penalties received under this title with respect to 
     an application for Z-l nonimmigrant status shall be used in 
     the following order of priority:
       (1) shall be credited as offsetting collections to 
     appropriations provided pursuant to section 611 for the 
     fiscal year in which this Act is enacted and the subsequent 
     fiscal year; and
       (2) shall be deposited and remain available as otherwise 
     provided under this title.

     SEC. 609. LIMITATIONS ON ELIGIBILITY.

       (a) 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 title 18, 
     United States Code, or any amendments made by the [NAME OF 
     THIS ACT), during the period beginning on the date of the 
     enactment of such Act and ending on the date on which the 
     alien applies for any benefits under this title, except with 
     respect to any forgery, fraud or misrepresentation on the 
     application for Z nonimmigrant status filed by the alien.
       (b) Prosecution.--An alien who commits a violation of 
     section 1.543, 1544, or 1546 of such title or any amendments 
     made by the [Name of This Act], during the period beginning 
     on the date of the enactment of such 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.

     SEC. 610. RULEMAKING.

       (a) The Secretary shall issue an interim final rule within 
     six months of the date of enactment of this subtitle to 
     implement this title and the amendments made by this title. 
     The interim final rule shall become effective immediately 
     upon publication in the Federal Register. The interim final 
     rule shall sunset two years after issuance unless the 
     Secretary issues a final rule within two years of the 
     issuance of the interim final rule.
       (b) The exemption provided under this section shall sunset 
     no later than two years after the date of enactment of this 
     subtitle, provided that, such sunset shall not be construed 
     to impose any requirements on, or affect the validity of, any 
     rule issued or other action taken by the Secretary under such 
     exemptions.

     SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary such sums as may be necessary to carry out this 
     title and the amendments made by this title.
       (b) Availability of Funds.--Funds appropriated pursuant to 
     subsection (a) shall remain available until expended.
       (c) Sense of Congress.--It is the sense of the Congress 
     that funds authorized to be appropriated under subsection (a) 
     should be directly appropriated so as to facilitate the 
     orderly and timely commencement of the processing of 
     applications filed under sections 601 and 602.
                         Subtitle B--DREAM Act

     SEC. 612. SHORT TITLE.

       This subtitle may be cited as the ``Development, Relief, 
     and Education for Alien Minors Act of 2007'' or the ``DREAM 
     Act of 2007''.

     SEC. 613. 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. 614. 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 beginning on the date that is three years after 
     the date of enactment of this Act adjust to the status of an 
     alien lawfully admitted for permanent residence an alien who 
     is determined to be eligible for or has been issued a 
     probationary Z or Z nonimmigrant visa if the alien 
     demonstrates that--
       (A) the alien has been physically present in the United 
     States for a continuous period since January 1, 2007, is 
     under 30 years of age on the date of enactment, and had not 
     yet reached the age of 16 years at the time of initial entry;
       (B) the alien has earned a high school diploma or obtained 
     a general education development certificate in the United 
     States;
       (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--
       (i) 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; or
       (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; and
       (F) the alien is in compliance with the eligibility and 
     admissibility criteria set forth in section 601(d).
       (b) Treatment of Period for Purposes of Naturalization.--
     Solely for purposes of title III of the Immigration and 
     Nationality Act (8 U.S.C. 1401 et seq.), an alien who has 
     been granted probationary benefits under section 601(h) or Z 
     nonimmigrant status and has satisfied the requirements of 
     subparagraphs (a)(1)(A) through (F) shall beginning on the 
     date that is eight years after the date of enactment be 
     considered to have satisfied the requirements of Section 
     316(a)(1) of the Act (8 U.S.C. 1427(a)(1)).
       (c) 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 adjustment of 
     status.
       (d) 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.

     SEC. 615. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION 
                   ON FEES.

       Regulations promulgated under this subtitle shall provide 
     that no additional fee will

[[Page S6682]]

     be charged to an applicant for a Z nonimmigrant visa for 
     applying for benefits under this subtitle.

     SEC. 616. HIGHER EDUCATION ASSISTANCE.

       (a) Section 505 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) shall 
     have no force or effect with respect to an alien who is a 
     probationary Z or Z nonimmigrant.
       (b) 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, or who is a probationary Z or Z nonimmigrant under 
     this title and who meets the eligibility criteria set forth 
     in section 614(a)(1)(A), (B), and (F), shall be eligible 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. 617. DELAY OF FINES AND FEES.

       (a) Payment of the penalties and fees specified in section 
     601(e)(6) shall not be required with respect to an alien who 
     meets the eligibility criteria set forth in section 
     614(a)(1)(A), (B), and (F) until the date that is six years 
     and six months after the date of enactment of this Act or the 
     alien reaches the age of 24, whichever is later. If the alien 
     makes all of the demonstrations specified in section 
     614(a)(1) by such date, the penalties shall be waived. If the 
     alien fails to make the demonstrations specified in section 
     614(a)(1) by such date, the alien's Z nonimmigrant status 
     will be terminated unless the alien pays the penalties and 
     fees specified in section 601(e)(6) consistent with the 
     procedures set forth in section 608 within 90 days.
       (b) With respect to an alien who meets the eligibility 
     criteria set forth in section 614(a)(1) (A) and (F), but not 
     the eligibility criteria in section 614(a)(1)(B), the 
     individual who pays the penalties specified in section 
     601(e)(6) shall be entitled to a refund when the alien makes 
     all the demonstrations specified in section 614(a)(1).

     SEC. 618. 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 adjustment 
     of status under section 623(a);
       (2) the number of aliens who applied for adjustment of 
     status under section 623(a); and
       (3) the number of aliens who were granted adjustment of 
     status under section 623(a).

     SEC. 619. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Regulations.--The Secretary shall issue regulations to 
     carry out the amendments made by this subtitle not later than 
     the first day of the seventh month that begins after the date 
     of enactment of this Act.
       (b) Effective Date.--This subtitle shall take effect on the 
     date that regulations required by subsection (a) are issued, 
     regardless of whether such regulations are issued on an 
     interim basis or on any other basis.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to implement this subtitle, including any sums 
     needed for costs associated with the initiation of such 
     implementation.
             PART II--CORRECTION OF SOCIAL SECURITY RECORDS

     SEC. 620. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--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) who is granted nonimmigrant status pursuant to 
     section 101(a)(15)(Z-A) 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 before the date on which 
     the alien was granted such nonimmigrant 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.
                    Subtitle C--Agricultural Workers

     SEC. 621. SHORT TITLE.

       This subtitle may be cited as the ``Agricultural Job 
     Opportunities, Benefits, and Security Act of 2007'' or the 
     ``AgJOBS Act of 2007''.
               PART I--ADMISSION OF AGRICULTURAL WORKERS

     SEC. 622. ADMISSION OF AGRICULTURAL WORKERS.

       (a) Z-A Nonimmigrant Visa Category.--
       (1) Establishment.--Paragraph (15) of section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)), as 
     amended by section 601(b), is further amended by adding at 
     the end the following new subparagraph:
       ``(Z-A)(i) an alien who is coming to the United States to 
     perform 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)), agricultural labor under 
     section 3121(g) of the Internal Revenue Code of 1986, or the 
     performance of agricultural labor or services described in 
     subparagraph (H)(ii)(a), who meets the requirements of 
     section 214A of this Act; or
       ``(ii) the spouse or minor child of an alien described in 
     clause (i) who is residing in the United States.''.
       (b) Requirements for Issuance of Nonimmigrant Visa.--
     Chapter 2 of title II of the Immigration and Nationality Act 
     (8 U.S.C. 1181 et seq.) is amended by inserting after section 
     214 the following new section:

     ``SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS.

       ``(a) Definitions.--In this section:
       ``(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 or the performance of agricultural labor or services 
     described in section 101(a)(15)(H)(ii)(a).
       ``(2) Department.--The term `Department' means the 
     Department of Homeland Security.
       ``(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) Qualified designated entity.--The term `qualified 
     designated entity' means--
       ``(A) a qualified farm labor organization or an association 
     of employers designated by the Secretary; or
       ``(B) any such other person designated by the Secretary if 
     that Secretary determines such person is qualified and has 
     substantial experience, demonstrated competence, and has a 
     history of long-term involvement in the preparation and 
     submission of applications for adjustment of status under 
     section 209, 210, or 245, the Act entitled `An Act to adjust 
     the status of Cuban refugees to that of lawful permanent 
     residents of the United States, and for other purposes', 
     approved November 2, 1966 (Public Law 89-732; 8 U.S.C. 1255 
     note), Public Law 95-145 (8 U.S.C. 1255 note), or the 
     Immigration Reform and Control Act of 1986 (Public Law 99-
     603; 100 Stat. 3359) or any amendment made by that Act.
       ``(5) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(6) Temporary.--A worker is employed on a `temporary' 
     basis when the employment is intended not to exceed 10 
     months.
       ``(7) Work day.--The term `work day' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.
       ``(8) Z-A dependent visa.--The term `Z-A dependent visa' 
     means a nonimmigrant visa issued pursuant to section 
     101(a)(15)(Z-A)(ii).
       ``(9) Z-A visa.--The term `Z-A visa' means a nonimmigrant 
     visa issued pursuant to section 101(a)(15)(Z-A)(i).
       ``(b) Authorization for Presence, Employment, and Travel in 
     the United States.--
       ``(1) In general.--An alien issued a Z-A visa or a Z-A 
     dependent visa may remain in, and be employed in, the United 
     States during the period such visa is valid.
       ``(2) Authorized employment.--The Secretary shall provide 
     an alien who is granted a Z-A visa or a Z-A dependent visa an 
     employment authorized endorsement or other appropriate work 
     permit, in the same manner as an alien lawfully admitted for 
     permanent residence.
       ``(3) Authorized travel.--An alien who is granted a Z-A 
     visa or a Z-A dependent visa is authorized to travel outside 
     the United States (including commuting to the United States 
     from a residence in a foreign country) in the same manner as 
     an alien lawfully admitted for permanent residence.
       ``(c) Qualifications.--
       ``(1) Z-A visa.--Notwithstanding any other provision of 
     law, the Secretary shall, pursuant to the requirements of 
     this section, grant a Z-A visa to an alien 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, 2006;
       ``(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;
       ``(C) is admissible to the United States under section 212, 
     except as otherwise provided in paragraph (4);
       ``(D) has not been convicted of any felony or misdemeanor, 
     an element of which involves bodily injury, threat of serious 
     bodily injury, or harm to property in excess of $500; and
       ``(E) meets the requirements of paragraph (3).
       ``(2) Z-A dependent visa.--Notwithstanding any other 
     provision of law, the Secretary shall grant a Z-A dependent 
     visa to an alien who is--
       ``(A) described in section 101(a)(15)(Z-A)(ii);
       ``(B) meets the requirements of paragraph (3); and
       ``(C) is admissible to the United States under section 212, 
     except as otherwise provided in paragraph (4).
       ``(3) Security and law enforcement background checks.--

[[Page S6683]]

       ``(A) Fingerprints.--An alien seeking a Z-A visa or a Z-A 
     dependent visa shall submit fingerprints to the Secretary at 
     such time and in manner as the Secretary may require.
       ``(B) Background checks.--The Secretary shall utilize 
     fingerprints provided under subparagraph (A) and other 
     biometric data provided by an alien to conduct a background 
     check of the alien, including searching the alien's criminal 
     history and any law enforcement actions taken with respect to 
     the alien and ensuring that the alien is not a risk to 
     national security .
       ``(4) Waiver of certain grounds of inadmissibility.--In the 
     determination of an alien's eligibility for a Z-A visa or a 
     Z-A dependent visa the following shall apply:
       ``(A) Grounds of exclusion not applicable.--The provisions 
     of paragraphs (5), (6)(A), (7), and (9) of section 212(a) 
     shall not apply.
       ``(B) Waiver of other grounds.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any provision of such section 212(a), 
     other than the paragraphs described in subparagraph (A), in 
     the case of individual aliens for humanitarian purposes, to 
     ensure family unity, or if such waiver is otherwise in the 
     public interest.
       ``(ii) Grounds that may not be waived.--Except as provided 
     in subparagraph (C), subparagraphs (A), (B), and (C) of 
     paragraph (2), and paragraphs (3) and (4) of 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 a Z-A visa or a Z-A dependent 
     visa by reason of a ground of inadmissibility under section 
     212(a)(4) if the alien demonstrates history of employment in 
     the United States evidencing self-support without reliance on 
     public cash assistance.
       ``(d) Application.--
       ``(1) In general.--An alien seeking a Z-A visa shall submit 
     an application to the Secretary for such a visa, including 
     information regarding any Z-A dependent visa for the spouse 
     of child of the alien.
       ``(2) Submission.--Applications for a Z-A visa under may be 
     submitted--
       ``(A) to the Secretary if the applicant is represented by 
     an attorney or a nonprofit 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 similar successor regulations); or
       ``(B) to a qualified designated entity if the applicant 
     consents to the forwarding of the application to the 
     Secretary.
       ``(3) Proof of eligibility.--
       ``(A) In general.--An alien may establish that the alien 
     meets the requirement for a Z-A visa 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 a Z-A visa or 
     applying for adjustment of status described in subsection (j) 
     has the burden of proving by a preponderance of the evidence 
     that the alien has performed the requisite number of hours or 
     days of agricultural employment required for such application 
     or adjustment of status, as applicable.
       ``(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 such records under regulations to be 
     promulgated by the Secretary.
       ``(iii) Sufficient evidence.--An alien may meet the burden 
     of proof under clause (i) to establish that the alien has 
     performed the requisite number of hours or days of 
     agricultural employment by producing sufficient evidence to 
     show the extent of that employment as a matter of just and 
     reasonable inference.
       ``(4) Applications submitted to qualified designated 
     entities.--
       ``(A) Requirements.--Each qualified designated entity shall 
     agree--
       ``(i) to forward to the Secretary an application submitted 
     to that entity pursuant to paragraph (2)(B) if the alien for 
     whom the application is being submitted has consented to such 
     forwarding;
       ``(ii) not to forward to the Secretary any such application 
     if such an alien has not consented to such forwarding; and
       ``(iii) to assist an alien in obtaining documentation of 
     the alien's work history, if the alien requests such 
     assistance.
       ``(B) No authortiy to make determinations.--No qualified 
     designated entity may make a determination required by this 
     sction to be made by the Secretary.
       ``(5) Application fees.--
       ``(A) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       ``(i) shall be charged for applying for a Z-A visa under 
     this section or for an adjustment of status described in 
     subsection (j); and
       ``(ii) may be charged by qualified designated entities to 
     help defray the costs of services provided to such aliens 
     making such an application.
       ``(B) Prohibtion 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.
       ``(6) Limitation on access to information.--Files and 
     records collected or compiled by a qualified designated 
     entity for the purposes of this section are confidential and 
     the Secretary shall not have access to such a file or record 
     relating to an alien without the consent of the alien, except 
     as allowed by a court order issued pursuant to [__].
       ``(7) Treatment of applicants.--
       ``(A) In general.--An alien who files an application under 
     this section to receive a Z-A visa and any spouse or child of 
     the alien seeking a Z-A dependant visa, on the date described 
     in subparagraph (B)--
       ``(i) shall be granted probationary benefits in the form of 
     employment authorization pending final adjudication of the 
     alien's application;
       ``(ii) may in the Secretary's discretion receive advance 
     permission to re-enter the United States pursuant to existing 
     regulations governing advance parole;
       ``(iii) may not be detained for immigration purposes, 
     determined inadmissible or deportable, or removed pending 
     final adjudication of the alien's application, unless the 
     alien is determined to be ineligible for Z-A visa; and
       ``(iv) may not be considered an unauthorized alien (as 
     defined in section 274A) until the date on which [the alien's 
     application for a Z-A visa] is denied.
       ``(B) Timing of probationary benefits.--
       ``(i) In general.--Subject to clause (ii), an alien who 
     submits an application for a Z-A visa under subsection (d), 
     including any evidence required under such subsection, and 
     any spouse or child of the alien seeking a Z-A dependent visa 
     shall receive the probationary benefits described in clauses 
     (i) through (iv) of subparagraph (A) at the earlier of--
       ``(I) the date and time that the alien has passed all 
     appropriate background checks, including name and fingerprint 
     checks; or
       ``(II) the end of the next business day after the date that 
     the Secretary receives the alien's application for Z-A visa.
       ``(ii) Exception.--If the Secretary determines that the 
     alien fails the background checks referred to in clause 
     (i)(I), the alien may not be granted probationary benefits 
     described in clauses (i) through (iv) of subparagraph (A).
       ``(C) Probationary authorization document.--The Secretary 
     shall provide each alien granted probationary benefits 
     described in clauses (i) through (iv) of subparagraph (A) 
     with a counterfeit-resistant document that reflects the 
     benefits and status set forth in subparagraph (A). The 
     Secretary may by regulation establish procedures for the 
     issuance of documentary evidence of probationary benefits 
     and, except as provided herein, the conditions under which 
     such documentary evidence expires, terminates, or is renewed.
       ``(D) Construction.--Nothing in this section may be 
     construed to limit the Secretary's authority to conduct any 
     appropriate background and security checks subsequent to 
     issuance of evidence of probationary benefits under this 
     paragraph.
       ``(8) Temporary stay of removal and work authorization for 
     certain applicants.--
       ``(A) Before application period.--Beginning on the date of 
     enactment of the AgJOBS Act of 2007, the Secretary shall 
     provide that, in the case of an alien who is apprehended 
     prior to the first date of the application period described 
     in subsection (c)(1)(B) and who can establish a nonfrivolous 
     case of eligibility for a Z-A visa (but for the fact that the 
     alien may not apply for such status until the beginning of 
     such period), the alien--
       ``(i) may not be removed; and
       ``(ii) 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.
       ``(B) During application period.--The Secretary shall 
     provide that, in the case of an alien who presents a 
     nonfrivolous application for a Z-A visa during the 
     application period described in subsection (c)(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--
       ``(i) may not be removed; and
       ``(ii) 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.
       ``(e) Numerical Limitations.--
       ``(1) Z-A visa.--The Secretary may not issue more than 
     1,500,000 Z-A visas.
       ``(2) Z-A dependent visa.--The Secretary may not count any 
     Z-A dependent visa issued against the numerical limitation 
     described in paragraph (1).
       ``(f) Evidence of Nonimmigrant Status.--
       ``(1) In general.--Documentary evidence of nonimmigrant 
     status shall be issued to each alien granted a Z-A visa or a 
     Z-A dependent visa.
       ``(2) Features of documentation.--Documentary evidence of a 
     Z-A visa or a Z-A dependent visa--
       ``(A) shall be machine-readable, tamper-resistant, and 
     shall contain a digitized photograph and other biometric 
     identifiers that can be authenticated;

[[Page S6684]]

       ``(B) shall be designed in consultation with U.S. 
     Immigration and Customs Enforcement's Forensic Document 
     Laboratory;
       ``(C) shall serve as a valid travel and entry document for 
     an alien granted a Z-A visa or a Z-A dependent visa for the 
     purpose of applying for admission to the United States where 
     the alien is applying for admission at a port of entry;
       ``(D) may be accepted during the period of its validity by 
     an employer as evidence of employment authorization and 
     identity under section 274A; and
       ``(E) shall be issued to the alien granted the visa by the 
     Secretary promptly after final adjudication of such alien's 
     application for the visa, except that an alien may not be 
     granted a Z-A visa or a Z-A dependent visa until all 
     appropriate background checks on each alien are completed to 
     the satisfaction of the Secretary.
       ``(g) Fine.--An alien granted a Z-A visa shall pay a fine 
     of $100 to the Secretary.
       ``(h) Treatment of Aliens Granted a Z-A Visa.--
       ``(1) In general.--Except as otherwise provided under this 
     subsection, an alien granted a Z-A visa or a Z-A dependent 
     visa shall be considered to be an alien lawfully admitted for 
     permanent residence for purposes of any law other than any 
     provision of this Act.
       ``(2) Delayed eligibility for certain federal public 
     benefits.--An alien granted a Z-A visa 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 alien is granted an adjustment of status under subsection 
     (d).
       ``(3) Terms of employment.--
       ``(A) Prohibition.--No alien granted a Z-A visa may be 
     terminated from employment by any employer during the period 
     of a Z-A visa 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 a Z-A visa 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 an alien has filed a complaint in accordance with clause 
     (i) and there is reasonable cause to believe that the alien 
     was terminated from employment 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 under this subparagraph in accordance 
     with the policies and procedures promulgated by the American 
     Arbitration Association applicable to private arbitration of 
     employment disputes. The arbitrator shall make findings 
     respecting whether the termination was for just cause. The 
     arbitrator may not find that the termination was for just 
     cause unless the employer so demonstrates by a preponderance 
     of the evidence. If the arbitrator finds that the termination 
     was not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including 
     reinstatement, back pay, or front pay to the affected 
     employee. Not later than 30 days after the date of 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 the employment of an alien who is granted a Z-A 
     visa without just cause, the Secretary shall credit the alien 
     for the number of days of work not performed during such 
     period of termination for the purpose of determining if the 
     alien meets the qualifying employment requirement of 
     subsection (f)(2).
       ``(v) Treatment of attorney's fees.--Each party to an 
     arbitration under this subparagraph shall bear the cost of 
     their own attorney's fees for the arbitration.
       ``(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).
       ``(4) Record of employment.--
       ``(A) In general.--Each employer of an alien who is granted 
     a Z-A visa shall annually--
       ``(i) provide a written record of employment to the alien; 
     and
       ``(ii) provide a copy of such record to the Secretary.
       ``(B) Civil penalties.--
       ``(i) In general.-If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted a Z-A visa has failed to provide the record of 
     employment required under subparagraph (A) 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 subsection.
       .``(i) Termination of a Grant of Z-A Visa.--
       ``(1) In general.--The Secretary may terminate a Z-A visa 
     or a Z-A dependent visa granted to an alien only if the 
     Secretary determines that the alien is deportable.
       ``(2) Grounds for termination.--Prior to the date that an 
     alien granted a Z-A visa or a Z-A dependent visa becomes 
     eligible for adjustment of status described in subsection 
     (j), the Secretary may deny adjustment to permanent resident 
     status and provide for termination of the alien's Z-A visa or 
     Z-A dependent visa if--
       ``(A) the Secretary finds, by a preponderance of the 
     evidence, that the grant of a Z-A visa was the result of 
     fraud or willful misrepresentation (as described in section 
     212(a)(6)(C)(i)); or
       ``(B) the alien--
       ``(i) commits an act that makes the alien inadmissible to 
     the United States as an immigrant, except as provided under 
     subsection (c)(4);
       ``(ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States;
       ``(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; or
       ``(iv) in the case of an alien granted a Z-A visa, fails to 
     perform the agricultural employment described in subsection 
     (j)(l)(A) unless the alien was unable to work in agricultural 
     employment due to the extraordinary circumstances described 
     in subsection (j)(l)(A)(iii).
       ``(3) Reporting requirement.--The Secretary shall 
     promulgate regulations to ensure that the alien granted a Z-A 
     visa complies with the qualifying agricultural employment 
     described in subsection (j)(l)(A) at the end of the 5 year 
     work period, which may include submission of an application 
     pursuant to this subsection.
       ``(j) Adjustment to Permanent Residence.--
       ``(1) Z-A visa.--Except as provided in this subsection, the 
     Secretary shall award the maximum number of points available 
     pursuant to section 203(b)(1) and adjust the status of an 
     alien granted a Z-A visa to that of an alien lawful1y 
     admitted for permanent residence under this Act, if the 
     Secretary determines that the following requirements are 
     satisfied:
       ``(A) Qualifying employment.--
       ``(i) In general.--Subject to clauses (i) and (ii), the 
     alien has performed at least--
       ``(I) 5 years of agricultural employment in the United 
     States for at least 100 work days per year, during the 5-year 
     period beginning on the date of enactment of the AgJobs Act 
     of 2007; or
       ``(II) 3 years of agricultural employment in the United 
     States for at least 150 work days per year, during the 3-year 
     period beginning on such date of enactment.
       ``(ii) Four year period of employment.--An alien shall be 
     considered to meet the requirements of clause (i) if the 
     alien has performed 4 years of agricultural employment in the 
     United States for at least 150 work days during 3 years of 
     those 4 years and at least 100 work days during the remaining 
     year, during the 4-year period beginning on such date of 
     enactment.
       ``(iii) Extraordinary circumstances.--In determining 
     whether an alien has met the requirement of clause (i), the 
     Secretary may credit the alien with not more than 12 
     additional months to meet the requirement of that clause 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.
       ``(B) Proof.--An alien may demonstrate compliance with the 
     requirements of subparagraph (A) by submitting--
       ``(i) the record of employment described in subsection 
     (h)(4); or
       ``(ii) such documentation as may be submitted under 
     subsection (d)(3).

[[Page S6685]]

       ``(C) Application period.--Not later than 8 years after the 
     date of the enactment of the AgJOBS Act of 2007, the alien 
     must--
       ``(i) apply for adjustment of status; or
       ``(ii) renew the alien's Z visa status as described in 
     section 601(k)(2).
       ``(D) Fine.--The alien pays to the Secretary a fine of 
     $400; or
       ``(2) Spouses and minor children.--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 any adjustment of status under paragraph 
     (1), including any individual who was a minor child on the 
     date such alien was granted a Z-A visa, 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.
       ``(3) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien granted a Z-A visa or a Z-A 
     dependent visa an adjustment of status under this Act and 
     provide for termination of such visa if--
       ``(A) the Secretary finds by a preponderance of the 
     evidence that grant of the Z-A visa was the result of fraud 
     or wiilful misrepresentation (as described in section 
     212(a)(6)(C)(i)); or
       ``(B) the alien--
       ``(i) commits an act that makes the alien inadmissible to 
     the United States under section 212, except as provided under 
     subsection (c)(4);
       ``(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.
       ``(4) Grounds for removal.--Any alien granted Z-A visa 
     status who does not apply for adjustment of Z status or 
     renewal of Z status under section 601(k)(2) prior to the 
     expiration of the application period described in subsection 
     (c)(l)(B) or who fails to meet the other requirements of 
     paragraph (1) by the end of the application period, is 
     deportable and may be removed under section 240.
       ``(5) Payment of taxes.--
       ``(A) In general.--Not later than the date on which an 
     alien's status is adjusted as described in this subsection, 
     the alien shall establish that the alien does not owe any 
     applicable Federal tax liability by establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all such outstanding tax liabilities have been paid; 
     or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       ``(B) Applicable federal tax liability.--In this paragraph, 
     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 (l)(A) for which the statutory period for 
     assessment of any deficiency for such taxes has not expired.
       ``(C) 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 subsection.
       ``(6) English language.--
       ``(A) In general.--Not later than the date on which a Z-A 
     nonimmigrant's status is adjusted or renewed under section 
     601(k)(2), a Z-A nonimmigrant who is 18 years of age or older 
     must pass the naturalization test described in sections 
     312(a)(1) and (2).
       ``(B) Exception.--The requirement of subparagraph (A) shall 
     not apply to any person who, on the date of the filing of the 
     person's application for an extension of Z-A nonimmigrant 
     status--
       ``(i) is unable because of physical or developmental 
     disability or mental impairment to comply therewith;
       ``(ii) is over fifty years of age and has been living in 
     the United States for periods totaling at least twenty years, 
     or
       ``(iii) is over fifty-five years of age and has been living 
     in the United States for periods totaling at least fifteen 
     years.
       ``(7) Priority of applications.--
       ``(A) Back of line.--An alien may not adjust status to that 
     of a lawful permanent resident under this subsection until 30 
     days after the date on which an immigrant visa becomes 
     available for approved petitions filed under sections 201, 
     202, and 203 of the Act that were filed before May 1, 2005 
     (referred to in this paragraph as the `processing date').
       ``(B) Other applicants.-- The processing of applications 
     for an adjustment of status under this subsection shall be 
     processed not later than 1 year after the processing date.
       ``(C) Consular application.--
       ``(i) In general.--A Z-A nonimmigrant's application for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence must be filed in person with a United 
     States consulate abroad.
       ``(ii) Place of application.--Unless otherwise directed by 
     the Secretary of State, a Z-A nonimmigrant applying for 
     adjustment of status under this paragraph shall make an 
     application at a consular office in the alien's country of 
     origin. The Secretary of State shall direct a consular office 
     in a country that is not a Z-A nonimmigrant's country of 
     origin to accept an application for adjustment of status from 
     such an alien, where the Z-A nonimmigrant's country of origin 
     is not contiguous to the United States, and as consular 
     resources make possible.
       ``(k) Confidentiality of Information.--Applicants for Z-A 
     nonimmigrant status under this subtitle shall be afforded 
     confidentiality as provided under section 604.
       ``(l) Penalties for False Statements in Applications.--
       ``(1) Criminal penalty.--Any person who--
       ``(A) applies for a Z-A visa or a Z-A dependent visa under 
     this section or an adjustment of status described in 
     subsection (j) 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
       ``(B) 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.
       ``(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).
       ``(m) 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 a Z-A visa under subsection (b) or an adjustment of 
     status under subsection (j).
       ``(n) Administrative and Judicial Review.--Administrative 
     or judicial review of a determination on an application for a 
     Z-A visa shall be such as is provided under section 603.
       ``(o) Public Outreach.--Beginning not later than the first 
     day of the application period described in subsection 
     (c)(1)(B), the Secretary shall cooperate with qualified 
     designated entities to broadly disseminate information 
     regarding the availability of Z-A visas, the benefits of such 
     visas, and the requirements to apply for and be granted such 
     a visa.''.
       (c) Numerical Limitations.--
       (1) Worldwide level of immigration.--Section 201(b)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as 
     amended by [___], is further amended--
       (A) in subparagraph (A), by striking ``subparagraph (A) or 
     (B)'' and inserting ``subparagraph (A), (B), or (N)''; and
       (B) by adding at the end, the following new subparagraph:
       ``(N) Aliens issued a Z-A visa or a Z-A dependent visa (as 
     those terms are defined in section 214A) who receive an 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence.''.
       (2) Numerical limitations on individual foreign states.--
     Section 202(a) of the Immigration and Nationality Act (8 
     U.S.C. 1152) is amended by adding at the end the following 
     new paragraph:
       ``(6) Special rule for z-a nonimmigrants.--An immigrant 
     visa may be made available to an alien issued a Z-A visa or a 
     Z-A dependent visa (as those terms are defined in section 
     214A) without regard to the numerical limitations of this 
     section.''.
       (d) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 214 
     the following:

``Sec. 214A. Admission of agricultural worker.''.

     SEC. 623. AGRICULTURAL WORKER IMMIGRATION STATUS ADJUSTMENT 
                   ACCOUNT.

       Section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356) is amended by adding at the end the following 
     new subsection:
       ``(y) Agricultural Worker Immigration Status Adjustment 
     Account.--
       ``(1) Establishment.--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 section 214A;
       ``(2) Use of fees.--The fees deposited into the 
     Agricultural Worker Immigration Status Adjustment Account 
     shall be used by the Secretary of Homeland Security for 
     processing applications made by aliens seeking nonimmigrant 
     status under section 101(a)(15)(Z-A) or for processing 
     applications made by such an alien who is seeking an 
     adjustment of status.
       ``(3) Availability of funds.--All amounts deposited in the 
     Agricultural Worker Immigration Status Adjustment Account 
     under this subsection shall remain available until 
     expended.''.

     SEC. 624. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Regulations.--The Secretary shall issue regulations to 
     carry out the amendments made by this subtitle not later than 
     the first day of the seventh month that begins after the date 
     of enactment of this Act.
       (b) Effective Date.--This subtitle shall take effect on the 
     date that regulations required by subsection (a) are issued, 
     regardless of whether such regulations are issued on an 
     interim basis or on any other basis.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to

[[Page S6686]]

     the Secretary such sums as may be necessary to implement this 
     subtitle, including any sums needed for costs associated with 
     the initiation of such implementation.

             PART II--CORRECTION OF SOCIAL SECURITY RECORDS

     SEC. 625. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--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) who is granted nonimmigrant status pursuant to 
     section 101(a)(15)(Z-A) 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 before the date on which 
     the alien was granted such nonimmigrant 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.
                        TITLE VII--MISCELLANEOUS
              Subtitle A--Miscellaneous Immigration Reform

     SEC. 701. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS 
                   OF THE ARMED FORCES.

       Notwithstanding any other provision of law or any 
     regulation, for aliens currently serving in the U.S. Armed 
     Forces overseas and applying for naturalization from 
     overseas, the Secretary of Defense shall provide in a form 
     designated by the Secretary of Homeland Security, and the 
     Secretary of Homeland Security shall use the fingerprints 
     provided by the Secretary of Defense for such individuals, if 
     the individual--
       (a) may be naturalized pursuant to section 328 or 329 of 
     the Immigration and Nationality Act (8 U.S.C. 1439 or 1440);
       (b) was fingerprinted in accordance with the requirements 
     of the Secretary of Defense at the time the individual 
     enlisted in the Armed Forces; and
       (c) submits the application to become a naturalized citizen 
     of the United States not later than 12 months after the date 
     the applicant is fingerprinted.

     SEC. 702. DECLARATION OF ENGLISH.

       (a) English is the common language of the United States.
       (b) 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 language of the United 
     States of America. Nothing herein shall diminish or expand 
     any existing rights under the laws of the United States 
     relative to services or materials provided by the Government 
     of the United States in any language other than English.
       (c) Definition.--For the purposes of this section, law is 
     defined as including provisions of the United States 
     Constitution, the United States Code, controlling judicial 
     decisions, regulations, and Presidential Executive Orders.

     SEC. 703. PILOT PROJECT REGARDING IMMIGRATION PRACTITIONER 
                   COMPLAINTS.

       (a) Within 180 days of the enactment of this Act, the 
     Secretary of Homeland Security, in consultation with the 
     Attorney General, shall institute a three-year pilot project 
     to--
       (1) Encourage alien victims of immigration practitioner 
     fraud, and related crimes, to come forward and file 
     practitioner fraud complaints with the Department of Homeland 
     Security by utilizing existing statutory and administrative 
     authority;
       (2) Cooperate with federal, state, and local law 
     enforcement officials who are responsible for investigating 
     and prosecuting such crimes; and
       (3) Increase public awareness regarding the problem of 
     immigration practitioner fraud.
       (b) Reporting.--Not later than 1 year after the end of the 
     three-year pilot period, the Secretary of Homeland Security 
     shall submit to Congress a report that includes information 
     concerning--
       (1) the number of individuals who file practitioner fraud 
     complaints via the pilot program;
       (2) the demographic characteristics, nationality, and 
     immigration status of the complainants;
       (3) the number of indictments that result from the pilot; 
     and
       (4) the number of successful fraud prosecutions that result 
     from the pilot.
              Subtitle B--Assimilation and Naturalization

     SEC. 704. THE OFFICE OF CITIZENSHIP AND INTEGRATION

       Section 451(f) of the Homeland Security Act of 2002, Pub. 
     L. 107-296 (6 U.S.C. 271(f)), is amended by--
       (a) inserting ``and Integration'' after ``Office of 
     Citizenship'' the two times that phrase appears; and
       (b) in paragraph (f)(2), striking ``instruction and 
     training on citizenship responsibilities'' and inserting 
     ``civic integration, and instruction and training on 
     citizenship responsibilities and requirements for 
     citizenship''.

     SEC. 705. SPECIAL PROVISIONS FOR ELDERLY IMMIGRANTS.

       Section 312(b) of the Immigration and Nationality Act (8 
     U.S.C. 1423(b)) is amended by adding at the end the 
     following: ``(4) The requirements of subsection (a) of this 
     section shall not apply to a person who is over 75 years of 
     age on the date of filing an application for naturalization; 
     Provided, That the person expresses, in English or in the 
     applicant's native language, at the time of examination for 
     naturalization that the person understands and agrees to the 
     elements of the oath required by section 337 of this Act.''.

     SEC. 706. FUNDING FOR THE OFFICE OF CITIZENSHIP AND 
                   IMMIGRATION INTEGRATION.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Homeland Security the 
     sum of [$100] million to carry out the mission and operations 
     of the Office of Citizenship and Immigrant Integration in 
     U.S. Citizenship and Immigration Services, including the 
     patriotic integration of prospective citizens into--
       (1) American common values and traditions, including an 
     understanding of American history and the principles of the 
     Constitution of the United States; and
       (2) civic traditions of the United States, including the 
     Pledge of Allegiance, respect for the flag of the United 
     States, and voting in public elections.

     SEC. 707. CITIZENSHIP AND INTEGRATION COUNCILS.

       ``(a) Grants Authorized.--The Office of Citizenship and 
     Immigrant Integration shall provide grants to states and 
     municipalities for effective integration of immigrants into 
     American society through the creation of New Americans 
     Integration Councils.
       ``(b) Use of Funds.--
       ``(1) In general.--Grants awarded under this section shall 
     be used--
       ``(A) To report on the status of new immigrants, lawful 
     permanent residents, and citizens within the state or 
     municipality;
       ``(B) To conduct a needs assessment, including the 
     availability of and demand for English language services and 
     instruction classes, for new immigrants, lawful permanent 
     residents, Z nonimmigrants, and citizens;
       ``(C) To convene public hearings and meetings to assist in 
     the development of a comprehensive plan to integrate new 
     immigrants, lawful permanent residents, Z non-immigrants, and 
     citizens; and
       ``(D) To develop a comprehensive plan to integrate new 
     immigrants, lawful permanent residents, Z non-immigrants, and 
     citizens into states and municipalities.
       ``(2) Membership of integration councils.--New Americans 
     Integration Councils established under this section shall 
     consist of no less than ten and no more than fifteen 
     individuals from the following sectors:
       ``(A) State and local government;
       ``(B) Business;
       ``(C) Faith-based organizations;
       ``(D) Civic organizations;
       ``(E) Philanthropic leaders; and
       ``(F) Nonprofit organizations with experience working with 
     immigrant communities.
       ``(c) Reporting.--The Government Accountability Office, in 
     coordination with the Office of Citizenship and Immigrant 
     Integration, shall conduct an annual evaluation of the grant 
     program conducted under this section. Such evaluation shall 
     be used by the Office of Citizenship and Immigrant 
     Integration--
       ``(1) To determine and improve upon the program's 
     effectiveness;
       ``(2) To develop recommended best practices for states and 
     municipalities who receive grant awards; and
       ``(3) To further define the program's goals and objectives.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Office of Citizenship 
     and Immigrant Integration such sums as may be necessary for 
     each of the fiscal years 2008 through 2012 to carry out this 
     section.]

     SEC. 708. HISTORY AND GOVERNMENT TEST.

       (a) History and Government Test.--The Secretary shall 
     incorporate a knowledge and understanding of the meaning of 
     the Oath of Allegiance provided by section 337 of the 
     Immigration and Nationality Act (8 U.S.C. 1448) into the 
     history and government test given to applicants for 
     citizenship. Nothing in this Act, other than the amendment 
     made by this subsection, shall be construed to influence the 
     naturalization test redesign process currently underway under 
     the direction of U.S. Citizenship and Immigration Services.

     SEC. 709. ENGLISH LEARNING PROGRAM.

       (a) The Secretary of Education shall develop an open source 
     electronic program, useable on personal computers and through 
     the Internet, that teaches the English language at various 
     levels of proficiency, up to and including the ability to 
     pass the Test of English as a Foreign Language, to 
     individuals inside the United States whose primary language 
     is a language other than English. The Secretary shall make 
     the program available to the public for free, including by 
     placing it on the Department of Education website, and shall 
     ensure that it is readily accessible to public libraries 
     throughout the United States. The program shall be fully 
     accessible, at a minimum, to speakers of the top five foreign 
     languages spoken inside the United States.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Education such sums as 
     are necessary to carry out the purposes of this section.

     SEC. 710. GAO STUDY ON THE APPELLATE PROCESS FOR IMMIGRATION 
                   APPEALS.

       (a) In General.--The Comptroller General of the United 
     States shall, not later than 180

[[Page S6687]]

     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 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.
  The PRESIDING OFFICER. The Senator from Washington.

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