[Congressional Record Volume 153, Number 105 (Wednesday, June 27, 2007)]
[Senate]
[Pages S8532-S8573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            COMPREHENSIVE IMMIGRATION REFORM ACT--Continued

  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DeMINT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  Mrs. FEINSTEIN. Objection.
  Mr. DeMINT. Parliamentary inquiry.
  The PRESIDING OFFICER. A parliamentary inquiry is not in order during 
a quorum call.
  Mr. VITTER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Objection.
  The PRESIDING OFFICER. Objection is heard.
  The clerk will continue with the call of the roll.
  The legislative clerk continued with the call of the roll.
  Mr. VITTER. Mr. President, I renew my unanimous consent request that 
the order for the quorum call be rescinded.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Objection.
  The PRESIDING OFFICER. Objection is heard.
  The clerk will continue with the call of the roll.
  The legislative clerk continued with the call of the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Objection.
  The PRESIDING OFFICER. Objection is heard.
  The clerk will continue with the call of the roll.
  The legislative clerk continued with the call of the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Is there objection?
  Mr. VITTER. Reserving my right to object.
  Mr. REID. Mr. President, he can either object or not object.
  Mr. VITTER. I object.
  The PRESIDING OFFICER. Objection is heard.
  The clerk will continue with the call of the roll.
  The legislative clerk continued with the call of the roll.
  Mr. VITTER. Mr. President, I remove my objection.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Is there objection?
  Hearing no objection, it is so ordered.
  Mr. REID. Mr. President, it is my understanding the distinguished 
Senator from South Carolina thought they had 5 minutes left; is that 
right?
  I would ask unanimous consent that he be allowed to speak, and this 
would be for debate only. Following the using of 7 minutes, I will take 
the floor.
  The PRESIDING OFFICER. Is there objection?
  The Chair hears none, and it is so ordered.
  Mr. DeMINT. Mr. President, I would like to yield my time to other 
Senators. I will give 1 minute to Senator Vitter and 4 minutes to 
Senator Sessions.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Louisiana is recognized for 1 minute.
  Mr. VITTER. Mr. President, with the majority leader on the floor, I 
want to use my brief minute to follow up on my inquiries and 
frustrations.
  Very soon, we are going to be presented with a brandnew version of 
this mega-amendment, 400 pages or whatever it is. I would like to be 
allowed some reasonable opportunity to independently study that mega-
amendment without having to depend on other people's summaries, and it 
is for that reason I made the unanimous consent request that we be in 
morning business for 5 hours once that brandnew mega-amendment is 
presented.
  With that explanation and background, given that the distinguished 
majority leader recognized that right of ours yesterday, when we were 
allowed to read the old version of the amendment, I would like to make 
that unanimous consent request.
  The PRESIDING OFFICER. The Senator has used his 1 minute.
  Mr. REID. Mr. President, I object. I will use my own time in response 
to him.
  The PRESIDING OFFICER. Objection is heard.
  Mr. REID. So as not to use the time of the Senator from South 
Carolina, Mr. President, there have been a few changes made, but they 
are very minor. As I indicated to my friend, this is not a new mega-
amendment. This is the same amendment which was laid down last night, 
and people on both sides have had ample opportunity to read this. As I 
indicated, we would be happy to talk with him and/or his staff, with 
individual Senators and/or their staff to indicate where the changes 
have been made and what the purposes of those were. If that is not 
sufficient, I don't know how I can be more fair than that.

  So I will now turn it over----
  Mr. VITTER. Mr. President, I ask unanimous consent for an additional 
30 seconds.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. No, but I just want to make sure it is still under the same 
time agreement we had before. We add 30 seconds to the time we had 
given.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. VITTER. I would suggest, through the Chair to the distinguished

[[Page S8533]]

majority leader, that I have a real problem with depending on basically 
the other side's summary of these changes which are being made as we 
speak. So I would propound a new unanimous consent request, that if we 
have to do that, if that summary is lacking or inaccurate in any way, 
that all subsequent votes and actions of the Senate which are agreed to 
have no effect because we have depended on the other side's information 
and it could turn out to have been incomplete or inaccurate.
  Mr. REID. Mr. President, again using my time, I object to this, but 
let me just say that it wasn't a hard piece of reasoning to come up 
with to object to this.
  The reason we are going through this process here is people--mostly 
on the other side of the aisle because we on this side are satisfied 
with the bill the way it was written, but mostly on the other side of 
the aisle and some Democrats--said, OK, if you are going to do this, we 
will do that. We are doing this to make people happy, so they have an 
opportunity to talk about this bill some more. This is a process.
  I have really tried to be fair. I have not tried to take advantage of 
anyone. I have tried to be as candid with people who support the bill 
as those who oppose the bill, not trying to take advantage of them. The 
process here in the Senate wasn't invented yesterday; it has been going 
on for 220 years. I am working my way through the rules, making sure we 
follow every jot and tittle in these complicated rules, but they are 
not that complicated. We simply want to work on an issue that is 
important to the American people--immigration.
  I acknowledge, as has my friend, that the system of immigration in 
our country is broken. We need to try to fix it, and this is our way of 
trying to fix it. Perfect? No. Good? Yes. The American people deserve 
our attention to this problem we have in our country. We have people of 
good will, Democrats and Republicans, who are trying to do this.
  We have this occasion, for once in recent memory, where we are 
working with the President on this side trying to get this done. I have 
said publicly that I appreciate the President's advocacy on this issue. 
If we are able to pass this bill, and I hope we can, it will be a shot 
in the arm for the system, the political system which has been so 
generous to our country for so many years, and I think people will look 
and say: You know, those people in Washington who are always yelling 
and screaming at each other were able to get something done.
  The American people know that whatever we come up with here is not 
going to solve every problem with immigration, but they also know it 
will solve many of the problems. The No. 1 problem it is going to solve 
that the American people want solved is border security. This amendment 
has $4.4 billion which will go directly to that border.
  I am, by profession, a trial lawyer, and I know people have the 
ability to be advocates, as my friend from Louisiana who is speaking--
and I see on the floor today my friend from Alabama, whom I have told 
publicly and privately that I appreciate his advocacy. But my friend 
from Alabama is a lawyer, just as I am, and we should do everything we 
can to present our case. Then, when the case is over, we walk out of 
this shaking hands, as advocates, as Senators, and as friends. So I 
have no resentment or ill-will toward anyone who is trying to move this 
legislation in a way different than I am, but I think the time has come 
where we have to fish or cut bait, as they say.
  I know we still have some speaking time--5 minutes has been 
allocated.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
Alabama is recognized for 4 minutes.
  Mr. SESSIONS. Mr. President, I know Senator Reid has assured people 
of what is in the bill, but he hasn't read what is in this amendment--
neither has any Senator in this body, I suggest. Only a few staffers 
have, and there have been tremendous errors made already in the 
previous amendment they offered. And just to say there have been 
nothing but minor changes is not something I think Senators ought to 
rely on.
  My good friend, Senator Reid, has always been courteous to me, but we 
disagree on this issue. He said he wants to make people happy. How 
about making the American people happy? They oppose this bill 
overwhelmingly, and yet the leadership here continues to use every 
parliamentary tactic that we have ever used, and new tactics never 
before used, to limit debate and move this bill to final passage. I 
object to that.
  I think about our former colleagues, Senator Paul Wellstone and 
Senator Helms. I wonder how they would feel if it was said: Well, this 
is unprecedented, we are going to eliminate debate, but I have talked 
to the leader on the other side, and we two leaders have just decided, 
since it is bipartisan, we will do that.
  Make no mistake about what is being done here, Mr. President. There 
is no dispute whatsoever. Amendments will not be allowed to be voted on 
that the majority leader does not personally sign off on. The power to 
control this process is in the majority leader's hands, and he has met 
with a group of people who are interested in this legislation and they 
have agreed to control this process. It has never been done like this 
before in the history of the Senate to eliminate these amendments. It 
is not right.
  My colleagues, I urge you to understand this is an unprecedented 
step. It is a step by which the leadership is creating a new tactic 
that will eliminate the power, the ability of individual Senators to 
offer amendments and engage in debate.
  This is a body of 100. Yes, we have leaders. They have significant 
authority and we understand that. But that is a limited power and we 
have always celebrated the great potential of this body that any one 
Senator can raise an objection, any one Senator can have an amendment 
voted on.
  I tried to offer amendments when the bill was up before. Time and 
time again they were objected to. Other Senators objected. Why? Because 
they were able to object to making those amendments pending. Then, when 
cloture is filed, they are not able to be voted on because they have 
never been made pending, although they were filed.
  This is not a small matter. I do not think our colleagues understand. 
I see Senator Specter here. He will stand by himself on an issue in 
which he believes. There are other Senators here who share those same 
independent views. We do not need to go down this path. I think it is a 
big mistake.
  I would say this: The majority leader said the people want one thing, 
they want border security. What do we know about this legislation? It 
does not give us border security. The Congressional Budget Office, our 
own analysis team, has looked at this bill and concluded in the next 20 
years we will have another 8.7 million people in our country illegally. 
It will only reduce illegal immigration by 13 percent. That is what our 
own staff, under the majority leader's control, has told us.
  The PRESIDING OFFICER. Two minutes remain to the Senator from South 
Carolina.
  Mr. DeMINT. I yield the final 2 minutes to Senator Sessions.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. I think that is the fundamental thing. I am 
flabbergasted and amazed our leaders keep telling us this bill is 
essential to have security. You have to have this amnesty. You have to 
give up and we will have amnesty. In exchange for that, we will have a 
legal system that will work in the future.
  But it will not work. That is what they said in 1986. Senator 
Grassley noted on the floor, people in this body do not even say there 
will not be another amnesty anymore, as they did in 1986, because they 
know this bill will not create a legal system. There will be 8.7 
million more people in our country illegally and the same group will be 
here, asking for amnesty again. It is a failed system.
  Let me add one thing. One thing I have learned in this debate, we can 
make this immigration system lawful and we can make it work. We ought 
not to be having a 13-percent reduction in illegality, as the 
Congressional Budget Office says. We can get to 90, 95 percent 
reduction of illegality. We can create a system of immigration that 
serves our national interests. It is within our power to do so. This 
bill will not do it. We must not go forward with it because it will not 
work.

[[Page S8534]]

  I yield the floor and reserve the remainder of the time.
  The PRESIDING OFFICER. The majority leader is recognized.


                    Amendment No. 1934, as Modified

  Mr. REID. Mr. President, I modify my amendment with the changes now 
at the desk.
  The PRESIDING OFFICER. The Senator has that right.
  Mr. REID. Mr. President, the amendment is so modified, I understand.
  I now ask the amendment be divided as indicated at the desk.
  The PRESIDING OFFICER. The Senator has that right and the amendment 
is divided.
  The amendment, as modified and divided, is as follows:

  TITLE _--NONIMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN UNLAWFUL 
                                 STATUS

                      Subtitle A--Z Nonimmigrants

     SEC. _00. REPEAL OF TITLE VI.

       Title VI of this Act is repealed and the amendments made by 
     title VI of this Act are null and void.

     SEC. _01. Z NONIMMIGRANTS.

       (a) In General.--Notwithstanding section 244(h) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(h)), the 
     Secretary may permit an alien, or a dependent of such alien, 
     described in this section, to remain lawfully in the United 
     States under the conditions set forth in this title.
       (b) Establishment of Z Nonimmigrant Category.--Section 
     101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)) is amended by inserting at the end the 
     following:
       ``(Z) subject to title __ of the Secure Borders, Economic 
     Opportunity and Immigration Reform Act of 2007, 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;
       ``(ii) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 1, 2007, and such alien--

       ``(I) is the spouse or parent (65 years of age or older) of 
     an alien described in clause (i); or
       ``(II) was, within 2 years of the date on which the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007 was introduced in the Senate, the spouse of an alien who 
     is described in clause (i) or is eligible for such 
     classification, if--

       ``(aa) the termination of the relationship with such spouse 
     was connected to domestic violence; and
       ``(bb) such spouse has been battered or subjected to 
     extreme cruelty by such alien; or
       ``(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 clause (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 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.
       (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.--
       (A) In general.--An alien is ineligible for Z nonimmigrant 
     status if the Secretary determines that the alien--
       (i) is inadmissible to the United States under section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)), provided that to be deemed inadmissible, nothing in 
     this paragraph shall require the Secretary to have commenced 
     removal proceedings against an alien;
       (ii) subject to subparagraph (B), is subject to the 
     execution of an outstanding administratively final order of 
     removal, deportation, or exclusion;
       (iii) subject to subparagraph (B), is described in or is 
     subject to section 241(a)(5) of such Act (8 U.S.C. 
     1231(a)(5));
       (iv) 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;
       (v) 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 such Act (8 U.S.C. 1101(h))) 
     outside the United States before arriving 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;

       (vi) has been convicted of--

       (I) a felony;
       (II) an aggravated felony (as defined in section 101(a)(43) 
     of such Act);
       (III) 3 or more misdemeanors under Federal or State law; or
       (IV) a serious criminal offense (as described in section 
     101(h) of such Act);

       (vii) has entered or attempted to enter the United States 
     illegally on or after January 1, 2007; or
       (viii) is an applicant for Z-2 nonimmigrant status, or is 
     under 18 years of age and is an applicant for Z-3 
     nonimmigrant status, and the principal Z-1 nonimmigrant or Z-
     1 nonimmigrant status applicant is ineligible.
       (B) Waiver.--The Secretary may, in the Secretary's 
     discretion, waive ineligibility under clause (ii) or (iii) of 
     subparagraph (A) if the alien has not been physically removed 
     from the United States and if the alien demonstrates that the 
     alien's departure from the United States would result in 
     extreme hardship to the alien or the alien's spouse, parent, 
     or child.
       (C) Construction.--Nothing in this paragraph shall require 
     the Secretary to commence removal proceedings against an 
     alien.
       (2) Grounds of inadmissibility.--
       (A) In general.--In determining an alien's admissibility 
     under paragraph (1)(A)(i)--
       (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 Immigration and Nationality Act (8 U.S.C. 1182(a)) 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 such Act (relating to 
     criminals);
       (II) section 212(a)(3) of such Act (relating to security 
     and related grounds);
       (III) with respect to an application for Z nonimmigrant 
     status, section 212(a)(6)(C)(i) of such Act;
       (IV) paragraph (6)(A)(i) of section 212(a) of such Act 
     (with respect to any entries occurring on or after January 1, 
     2007);
       (V) section 212(a)(9)(C)(i)(II) of such Act; or
       (VI) subparagraph (A), (C), or (D) of section 212(a)(10) of 
     such Act (relating to polygamists, child abductors, and 
     unlawful voters); and

       (iii) the Secretary may, in the Secretary's discretion, 
     waive the application of any provision of section 212(a) of 
     such Act not listed in clause (ii) on behalf of an individual 
     alien for humanitarian purposes, to ensure family unity, or 
     if such waiver is otherwise in the public interest.
       (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 such 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 does not fall within a class of 
     aliens ineligible for Z nonimmigrant status listed under 
     subsection (d)(1).
       (2) Admissibility.--The alien is not inadmissible as a 
     nonimmigrant to the United States under section 212 of the 
     Immigration and Nationality Act (8 U.S.C. 1182), except as 
     provided in subsection (d)(2) of this section, regardless of 
     whether the alien has previously been admitted to the United 
     States.
       (3) Presence.--To be eligible for Z-1 nonimmigrant status, 
     Z-2 nonimmigrant status, or Z-3 nonimmigrant status, the 
     alien shall--
       (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-1 nonimmigrant status.
       (5) Fees and penalties.--
       (A) Processing fees.--
       (i) In general.--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 not more than $1,500 for a 
     single Z nonimmigrant.
       (ii) Fee for extension application.--An alien applying for 
     extension of the alien's 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 not more than 
     $1,500 for a single Z nonimmigrant.
       (B) Penalties.--
       (i) In general.--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) Derivative status.--An alien making an initial 
     application for Z-1 nonimmigrant

[[Page S8535]]

     status shall be required to pay a $500 penalty for each alien 
     seeking Z-2 nonimmigrant status or Z-3 nonimmigrant status 
     derivative to such applicant for Z-1 nonimmigrant status.
       (iii) Change of z nonimmigrant classification.--An alien 
     who is a Z-2 nonimmigrant or Z-3 nonimmigrant and who has not 
     previously been a Z-1 nonimmigrant, and who changes status to 
     that of a Z-1 nonimmigrant, shall in addition to processing 
     fees be required to pay the initial application penalties 
     applicable to Z-1 nonimmigrants.
       (C) State impact assistance fee.--In addition to any other 
     amounts required to be paid under this subsection, an alien 
     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 subsections (m) and 
     (n) of section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356).
       (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 
     subsection (w) of such section 286, as added by section 402.
       (ii) Deposit of state impact assistance funds.--The funds 
     under subparagraph (C) shall be deposited and remain 
     available as provided by subsection (x) of such section 286.
       (6) Home application.--
       (A) In general.--An alien granted probationary status under 
     subsection (h) shall not be eligible for Z-1, Z-2, Z-A, or 
     adult Z-A dependent nonimmigrant status until the alien has 
     completed the following home application requirements:
       (i) Submission of supplemental certification.--An alien 
     awarded probationary status who seeks Z-1, Z-2, Z-A, or adult 
     Z-A dependent nonimmigrant status shall, within 2 years of 
     being awarded a secure ID card under subsection (j), perfect 
     the alien's application for such nonimmigrant status at a 
     United States consular office by submitting a supplemental 
     certification in person in accordance with the requirements 
     of this subparagraph.
       (ii) Contents of supplemental certification.--An alien in 
     probationary status who is seeking a Z-1, Z-2, Z-A, or adult 
     Z-A dependent nonimmigrant status shall certify, in addition 
     to any other certifications specified by the Secretary, that 
     the alien has during the period of the alien's probationary 
     status remained continuously employed in accordance with the 
     requirements of subsection (m) or the requirements in Section 
     _ 31, as applicable, and has paid all tax liabilities owed by 
     the alien pursuant to the procedures set forth in section 
     602(h). The probationary status of an alien making a false 
     certification under this subparagraph shall be terminated 
     pursuant to subsection (o)(1)(G).
       (iii) Presentation of secure id card.--The alien shall 
     present the alien's secure ID card at the time the alien 
     submits the supplemental certification under clause (i) at 
     the United States consular office. The alien's secure ID card 
     shall be marked or embossed with a designation as determined 
     by the Secretary of State and the Secretary of Homeland 
     Security to distinguish the card as satisfying all 
     requirements for Z-1, Z-2, Z-A, or adult Z-A dependent 
     nonimmigrant status.
       (iv) Place of application.--Unless otherwise directed by 
     the Secretary of State, an alien in probationary status who 
     is seeking Z-1, Z-2, Z-A, or adult Z-A dependent nonimmigrant 
     status shall file the supplemental certification described in 
     clause (ii) at a consular office in the alien's country of 
     origin. A consular office in a country that is not the 
     alien's country of origin as a matter of discretion may, or 
     at the direction of the Secretary of State shall, accept a 
     supplemental certification from such an alien.
       (B) Effect of failure to comply.--The probationary status 
     of an alien seeking a Z-1, Z-2, Z-A, or adult Z-A dependent 
     nonimmigrant status who fails to complete the requirements of 
     this paragraph shall be terminated in accordance with 
     subsection (o)(1)(G).
       (C) Exemption.--Subparagraph (A) shall not apply to an 
     alien who, on the date on which the alien is granted a secure 
     ID card under subsection (j), is exempted from the employment 
     requirements under subsection (m)(1)(B)(iii).
       (D) Failure to establish lawful admission to the united 
     states.--Unless exempted under subparagraph (C), an alien in 
     probationary status who is seeking Z-1, Z-2, Z-A, or adult Z-
     A dependent nonimmigrant status who fails to depart and 
     reenter the United States in accordance with subparagraph (A) 
     may not be issued a Z-1, Z-2, Z-A, or adult Z-A dependent 
     nonimmigrant visa under this section.
       (E) Dependents.--An alien in probationary status who is 
     seeking Z-3 or minor Z-A dependent nonimmigrant status shall 
     be awarded such status upon satisfaction of the requirements 
     set forth in subparagraph (A) by the principal Z-1 or Z-A 
     nonimmigrant. An alien in probationary status who is seeking 
     Z-3 or minor Z-A dependent nonimmigrant status and whose 
     principal Z-1 or Z-A nonimmigrant fails to satisfy the 
     requirements of subparagraph (A) may not be issued a Z-3 or 
     minor Z-A dependent nonimmigrant visa under this section 
     unless the principal Z-1 alien is exempted under subparagraph 
     (C).
       (7) Interview.--An applicant for Z nonimmigrant status 
     shall 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, 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, 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 Z 
     nonimmigrant status for a period of 1 year starting the first 
     day of the first month beginning not more than 180 days after 
     the date of the enactment of this Act. If, during the 1-year 
     initial period for the receipt of applications for Z 
     nonimmigrant status, the Secretary determines that additional 
     time is required to register applicants for Z nonimmigrant 
     status, the Secretary may, in the Secretary's discretion, 
     extend the period for accepting applications by not more than 
     1 year.
       (3) Biometric data.--Each alien applying for Z nonimmigrant 
     status shall submit biometric data in accordance with 
     procedures established by the Secretary.
       (4) Home application.--No alien may be awarded Z 
     nonimmigrant status until the alien has completed the home 
     application requirements set forth in subsection (e)(6).
       (g) Content of Application Filed by Alien.--
       (1) Application form.--The Secretary shall create an 
     application form that an alien shall be required to complete 
     as a condition of obtaining probationary status.
       (2) Application information.--
       (A) In general.--The application form shall request such 
     information as the Secretary deems necessary and appropriate, 
     including--
       (i) information concerning the alien's physical and mental 
     health;
       (ii) complete criminal history, including all arrests and 
     dispositions;
       (iii) gang membership or renunciation of gang affiliation;
       (iv) immigration history;
       (v) employment history; and
       (vi) claims to United States citizenship.
       (B) Status.--An alien applying for Z nonimmigrant status 
     shall be required to specify on the application whether the 
     alien ultimately seeks to be awarded Z-1, Z-2, or Z-3 
     nonimmigrant status.
       (3) Security and law enforcement background checks.--
       (A) Submission of fingerprints.--The Secretary may not 
     award 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, upon submission of any evidence required 
     under subsections (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) shall be granted probationary status 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 of the Immigration and Nationality Act (8 
     U.S.C. 1324a)) unless employment authorization under 
     subparagraph (A) is denied.
       (2) Timing of probationary status.--No alien may be granted 
     probationary status 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 card.--The Secretary shall provide each 
     alien described in paragraph (1) with a counterfeit-resistant 
     document that reflects the benefits and status set forth in 
     that paragraph. The Secretary may by regulation establish 
     procedures for the

[[Page S8536]]

     issuance of documentary evidence of probationary status 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 
     not later than 6 months after the date on which the Secretary 
     begins to issue secure ID cards under subsection (j).
       (5) Before application period.--If an alien is apprehended 
     between the date of the enactment of this Act and the date on 
     which the period for initial registration closes under 
     subsection (f)(2), and the alien is able to 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 Immigration and Nationality 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 
     a secure ID card, as described in subsection (j), to an 
     applicant for Z nonimmigrant status 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 subsection (x) of section 286 of the Immigration 
     and Nationality Act, as added by section 402, shall within 90 
     days of the enactment ensure that procedures are in place 
     under which such agency shall--
       (i) consistent with all otherwise applicable laws, 
     including 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 the Internal Revenue Code of 1986, 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 (A) 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; and
       (v) remittance records.
       (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) Payment of income taxes.--
       (A) In general.--Not later than the date on which status is 
     adjusted under this section, the alien establishes the 
     payment of any applicable Federal tax liability by 
     establishing that--
       (i) no such tax liability exists;
       (ii) all outstanding liabilities have been paid; or
       (iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       (B) Applicable federal tax liability.--For purposes of 
     subparagraph (A), the term ``applicable Federal tax 
     liability'' means liability for Federal taxes, including 
     penalties and interest, owed for any year during the period 
     of employment required by subparagraph (D)(i) for which the 
     statutory period for assessment of any deficiency for such 
     taxes has not expired.
       (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 subparagraph.
       (D) In general.--The alien may satisfy such requirement by 
     establishing that--
       (i) no such tax liability exists;
       (ii) all outstanding liabilities have been met; or
       (iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service and with the department of revenue of each State to 
     which taxes are owed.
       (4) 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.
       (5) Denial of application.--
       (A) In general.--An alien who fails to satisfy the 
     eligibility requirements for a Z nonimmigrant visa shall have 
     the alien's application denied and may not file additional 
     applications.
       (B) Failure to submit information.--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 if the alien 
     demonstrates to the satisfaction of the Secretary that such 
     failure was reasonably excusable or was not willful, have the 
     alien's application considered abandoned. Such application 
     shall be denied and the alien may not file additional 
     applications.
       (j) Secure ID Card Evidencing Status.--
       (1) In general.--Documentary evidence of status shall be 
     issued to each Z nonimmigrant.
       (2) Features of secure id card.--Documentary evidence of Z 
     nonimmigrant status--
       (A) shall be machine-readable, tamper-resistant, and shall 
     contain a digitized photograph and other biometric 
     identifiers that may 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 a 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 of the Immigration and Nationality Act (8 
     U.S.C. 1324a), as amended by title III; and
       (E) shall be issued to the Z nonimmigrant by the Secretary 
     promptly after final adjudication of such alien's 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.
       (k) Period of Authorized Admission.--
       (1) Initial period.--The initial period of authorized 
     admission as a Z nonimmigrant shall be 4 years beginning on 
     the date on which the alien is first issued a secure ID card 
     under subsection (j).
       (2) Extensions.--
       (A) In general.--Z nonimmigrants may seek an indefinite 
     number of 4-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 Z nonimmigrant status.
       (ii) English language and civics.--

       (I) Requirement at first renewal.--At or before the time of 
     application for the first extension of Z 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 paragraphs (1) and (2) of 
     section 312(a) of the Immigration and Nationality Act (8 
     U.S.C. 1423(a)) 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 such paragraphs (1) and 
     (2) of such section 312(a). The alien may make up to 3 
     attempts to demonstrate such understanding and knowledge, but 
     shall satisfy this requirement prior to the expiration of the 
     second extension of Z nonimmigrant status.
       (III) Exception.--The requirements of subclauses (I) and 
     (II) shall not apply to any person who, on the date of the 
     filing of the person's application for an extension of Z 
     nonimmigrant status--

       (aa) is unable because of physical or developmental 
     disability or mental impairment to meet the requirements of 
     such subclauses;
       (bb) is over 50 years of age and has been living in the 
     United States for periods totaling at least 20 years; or
       (cc) is over 55 years of age and has been living in the 
     United States for periods totaling at least 15 years.
       (iii) Employment.--With respect to an extension of Z-1 
     nonimmigrant status or Z-3 nonimmigrant status, an alien 
     shall demonstrate satisfaction of the employment or study 
     requirements provided in subsection (m) during the alien's 
     most recent period of authorized admission as of the date of 
     application.
       (iv) Fees.--The alien must pay a processing fee in an 
     amount sufficient to recover the full cost of adjudicating 
     the application, but not more than $1,500 for a single Z 
     nonimmigrant.

[[Page S8537]]

       (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 shall be completed to the satisfaction 
     of the Secretary before such extension may be granted.
       (D) Timely filing and maintenance of status.--
       (i) In general.--An extension of a period of authorized 
     admission under this paragraph, or a change of status to 
     another Z nonimmigrant status under subsection (l), may not 
     be approved for an applicant who failed to maintain Z 
     nonimmigrant status or if such status expired or terminated 
     before the application was filed.
       (ii) Exception.--Failure to file before the period of 
     previously authorized admission 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 admission expired, if 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 the alien's 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 the Secretary's discretion, from the 
     requirements under subsection (m) for a period of up to 180 
     days; and
       (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 the 
     alien's Z nonimmigrant status, including failing to comply 
     with the change of address reporting requirements under 
     section 265 of the Immigration and Nationality Act (8 U.S.C. 
     1305);
       (ii) the period of authorized admission of the Z 
     nonimmigrant has been terminated for any reason; or
       (iii) with respect to a Z-2 nonimmigrant or a Z-3 
     nonimmigrant, the principal alien's Z-1 nonimmigrant status 
     has been terminated.
       (l) Change of Status.--
       (1) Change from z nonimmigrant status.--
       (A) In general.--A Z nonimmigrant may not change status 
     under section 248 of the Immigration and Nationality Act (8 
     U.S.C. 1258) to another nonimmigrant status, except another Z 
     nonimmigrant status or status under subparagraph (U) of 
     section 101(a)(15) of such Act (8 U.S.C. 1101(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, as added by section 631.
       (C) Limit on changes.--A Z nonimmigrant may not change 
     status more than one time per 365-day period. The Secretary 
     may, in the Secretary's 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 of the Immigration and Nationality Act (8 U.S.C. 
     1258) to Z nonimmigrant status.
       (m) Employment.--
       (1) Z-1 and z-3 nonimmigrants.--
       (A) In general.--Z-1 nonimmigrants 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-1 nonimmigrant or Z-3 
     nonimmigrant between 16 and 65 years of age, or an alien in 
     probationary status between 16 and 65 years of age who is 
     seeking to become a Z-1 or Z-3 nonimmigrant, shall remain 
     continuously employed full time in the United States as a 
     condition of such nonimmigrant status, except if--
       (i) the alien is pursuing a 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.--An alien who has been issued a secure ID 
     card under subsection (j) and who is in probationary status 
     or is a Z 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 
     out in subsection (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 shall establish that such alien 
     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 this 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 of 
     such Act (8 U.S.C. 1227) (except as provided in subsection 
     (d)(2)); or
       (iii) the alien becomes ineligible under subsection (d)(1);
       (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, in probationary status, or 
     classified as a Z nonimmigrant under this section, the 
     benefits for the principal alien are terminated;
       (E) with respect to a Z-1 nonimmigrant or Z-3 nonimmigrant, 
     the employment or study requirements under subsection (m) 
     have been violated;
       (F) with respect to an alien in probationary status, the 
     alien's application for Z nonimmigrant status is denied; or
       (G) with respect to an alien awarded probationary status 
     who seeks to become a Z nonimmigrant or a Z-A nonimmigrant, 
     the alien fails to complete the home application requirement 
     set forth in subsection (e)(6) within 2 years of receiving a 
     secure ID card.
       (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 
     nonimmigrant 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 this section, but not yet adjusted such 
     status to that of an alien lawfully admitted for permanent 
     residence under section 602, the Secretary of Homeland 
     Security may, for good and sufficient cause, if it appears 
     that the alien was not in fact eligible for status under this 
     section, 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 nonimmigrant 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 5 
     principal languages, as determined by the Secretary in the 
     Secretary's 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:
       (1) Z nonimmigrant.--The term ``Z nonimmigrant'' means an 
     alien admitted to the

[[Page S8538]]

     United States under subparagraph (Z) of section 101(a)(15) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), 
     as added by subsection (b). The term does not include aliens 
     granted probationary benefits under subsection (h) or whose 
     applications for nonimmigrant status under such subparagraph 
     (Z) have not yet been adjudicated.
       (2) Z-1 nonimmigrant.--The term ``Z-1 nonimmigrant'' means 
     an alien admitted to the United States under clause (i) of 
     section 101(a)(15)(Z) of the Immigration and Nationality Act, 
     as added by subsection (b).
       (3) Z-A nonimmigrant.--The term ``Z-A nonimmigrant'' means 
     an alien admitted to the United States under subparagraph (Z-
     A) of section 101(a)(15) of the Immigration and Nationality 
     Act, as added by section 631.
       (4) Z-2 nonimmigrant.--The term ``Z-2 nonimmigrant'' means 
     an alien admitted to the United States under clause (ii) of 
     section 101(a)(15)(Z) of the Immigration and Nationality Act, 
     as added by subsection (b).
       (5) Z-3 nonimmigrant.--The term ``Z-3 nonimmigrant'' means 
     an alien admitted to the United States under clause (iii) of 
     section 101(a)(15)(Z) of the Immigration and Nationality Act, 
     as added by subsection (b).

     SEC. _02. EARNED ADJUSTMENT FOR Z STATUS ALIENS.

       (a) Z-1 Nonimmigrants.--
       (1) Prohibition on immigrant visa.--A Z-1 nonimmigrant may 
     not be issued an immigrant visa pursuant to sections 221 and 
     222 of the Immigration and Nationality Act (8 U.S.C. 1201 and 
     1202).
       (2) Adjustment.--Notwithstanding subsections (a) and (c) of 
     section 245 of the Immigration and Nationality Act (8 U.S.C. 
     1255), the status of any Z-1 nonimmigrant may be adjusted by 
     the Secretary to that of an alien lawfully admitted for 
     permanent residence.
       (3) 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) of the Immigration and Nationality Act, 
     as amended by section 502, the following requirements:
       (A) Status.--The alien must be in valid Z-1 nonimmigrant 
     status.
       (B) Approved petition.--The alien must be the beneficiary 
     of an approved petition under section 204 of the Immigration 
     and Nationality Act (8 U.S.C. 1154) or have an approved 
     petition that was filed pursuant to the evaluation system 
     under section 203(b)(1)(A) of such Act, as amended by section 
     502.
       (C) Admissibility.--The alien must not be inadmissible 
     under section 212(a) of such Act, except for those grounds 
     previously waived under subsection (d)(2) of section 601.
       (D) Fees and penalties.--In addition to the fees payable to 
     the Secretary of Homeland Security and the Secretary of State 
     in connection with the filing of an immigrant petition and 
     application for adjustment of status, a Z-1 nonimmigrant who 
     is the head of household shall pay a $4,000 penalty at the 
     time of submission of any immigrant petition on the alien's 
     behalf, regardless of whether the alien submits such petition 
     on the alien's own behalf or the alien is the beneficiary of 
     an immigrant petition filed by another party.
       (b) Z-2 and Z-3 Nonimmigrants.--
       (1) 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 who is under 18 
     years of age may not be approved before the adjustment of 
     status of the alien's principal Z-1 nonimmigrant.
       (2) Adjustment of status.--
       (A) Adjustment.--Notwithstanding subsections (a) and (c) of 
     section 245 of the Immigration and Nationality Act (8 U.S.C. 
     1255), the status of any Z-2 nonimmigrant or Z-3 nonimmigrant 
     may be adjusted by the Secretary of Homeland Security to that 
     of an alien lawfully admitted for permanent residence.
       (B) Requirements.--A Z-2 nonimmigrant 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 nonimmigrant or 
     Z-3 nonimmigrant status.
       (ii) Approved petition.--The alien must be the beneficiary 
     of an approved petition under section 204 of the Immigration 
     and Nationality Act (8 U.S.C. 1154) or have an approved 
     petition that was filed pursuant to the merit-based 
     evaluation system under section 203(b)(1)(A) of such Act, as 
     amended by section 502.
       (iii) Admissibility.--The alien must not be inadmissible 
     under section 212(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)), except for those grounds previously 
     waived under subsection (d)(2) of section 601.
       (iv) Fees.--The alien must pay the fees payable to the 
     Secretary of Homeland Security and the Secretary of State in 
     connection with the filing of an immigrant petition and 
     application for an immigrant visa.
       (c) Maintenance of Waivers of Inadmissibility.--The grounds 
     of inadmissibility not applicable under subsection (d)(2) of 
     section 601 shall also be considered inapplicable for 
     purposes of admission as an immigrant or adjustment pursuant 
     to this section.
       (d) Application of Other Law.--In processing applications 
     under this section on behalf of aliens who have been battered 
     or subjected to extreme cruelty, the Secretary of Homeland 
     Security shall apply--
       (1) the provisions under section 204(a)(1)(J) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(J)); and
       (2) the protections, prohibitions, and penalties under 
     section 384 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1367).
       (e) 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 Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153) that were filed before May 1, 2005.
       (f) 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.).
       (g) 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.
       (h) Payment of Income Taxes.--
       (1) 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 
     Z nonimmigrant status by establishing that--
       (A) no such tax liability exists;
       (B) all outstanding liabilities have been paid; or
       (C) the applicant has entered into, and is in compliance 
     with, an agreement for payment of all outstanding liabilities 
     with the Internal Revenue Service.
       (2) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to--
       (A) the applicant, upon request, to establish the payment 
     of all taxes required under this subsection; or
       (B) the Secretary, upon request, regarding the payment of 
     Federal taxes by an alien applying for a benefit under this 
     section.
       (i) 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).
       (j) Deposit of Penalties.--Penalties collected under this 
     paragraph shall be deposited into the Temporary Worker 
     Program Account and shall remain available as provided under 
     subsection (w) of section 286 of the Immigration and 
     Nationality Act (8 U.S.C. 1356), as added by section 402.

     SEC. _03. 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 
     subsection (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 (h) of section 242 of the Immigration 
     and Nationality Act (8 U.S.C. 1252), as added by subsection 
     (c), as though the order

[[Page S8539]]

     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.--
       (A) 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 subclause (II) of subsection 
     601(d)(1)(A)(vi) because the alien has been convicted of an 
     aggravated felony (as defined in section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43))) may 
     be placed forthwith in proceedings pursuant to section 238(b) 
     of such Act (8 U.S.C. 1228(b)).
       (B) 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 subclause (I), 
     (III), or (IV) of section 601(d)(1)(A)(vi) may be placed 
     immediately in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a).
       (C) Final denial, termination, or rescission.--The 
     Secretary's denial, termination, or rescission of the status 
     of any alien described in subparagraph (A) or (B) shall be 
     final for purposes of subsection (h)(3)(C) of section 242 of 
     the Immigration and Nationality Act, as added by subsection 
     (c), and shall represent the exhaustion of all review 
     procedures for purposes of subsection (h) or (o) of section 
     601, notwithstanding subsection (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 1 motion to reopen or to reconsider. The 
     Secretary's or Attorney General's decision whether to 
     consider any such motion is committed to the discretion of 
     the Secretary or the Attorney General, as appropriate.
       (c) Judicial Review.--Section 242 of the Immigration and 
     Nationality Act (8 U.S.C. 1252) is amended by adding at the 
     end the following new subsection:
       ``(h) Judicial Review of Eligibility Determinations 
     Relating to Status Under the Secure Borders, Economic 
     Opportunity and Immigration Reform Act of 2007.--
       ``(1) Exclusive review.--Notwithstanding any other 
     provision of law, including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, and except as provided 
     in this subsection, no court shall have jurisdiction to 
     review a determination respecting an application for status 
     under title __ of the Secure Borders, Economic Opportunity 
     and Immigration Reform Act of 2007, including, without 
     limitation, a denial, termination, or rescission of such 
     status.
       ``(2) No review for late filings.--An alien may not file an 
     application for status under title __ of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007 
     beyond the period for receipt of such applications 
     established by section _01(f) of that Act. 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.--A denial, termination, or rescission of status under 
     section _01 of the Secure Borders, Economic Opportunity and 
     Immigration Reform Act of 2007 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 subsection (b)(2) 
     shall govern;
       ``(B) the deadline for filing the petition for review in 
     subsection (b)(1) shall control;
       ``(C) the alien has exhausted all administrative remedies 
     available to the alien as of right, including the timely 
     filing of an administrative appeal pursuant to section _03(a) 
     of the Secure Borders, Economic Opportunity and Immigration 
     Reform Act of 2007;
       ``(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) notwithstanding any other provision of law, including 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision, and sections 1361 and 1651 of such 
     title, no court reviewing a denial, termination, or 
     rescission of status under title __ of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007 may 
     review any discretionary decision or action of the Secretary 
     regarding any application for or termination or rescission of 
     such status; and
       ``(F) an alien may file not more than 1 motion to reopen or 
     to reconsider in proceedings brought under this section.
       ``(4) Standard for judicial review.--Judicial review of the 
     Secretary of Homeland Security's denial, termination, or 
     rescission of status under title __ of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007 
     relating to any alien shall be based solely upon the 
     administrative record before the Secretary when the Secretary 
     enters a 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 __ of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, 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 such 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 such title from asserting that an action taken or 
     decision made by the Secretary with respect to the 
     applicant's status under such title was contrary to law in a 
     proceeding under section _03 of the Secure Borders, Economic 
     Opportunity and Immigration Reform Act of 2007 and subsection 
     (b)(2) of this section.
       ``(B) Deadlines for bringing actions.--Any action 
     instituted under this paragraph--
       ``(i) shall, if it asserts a claim that title __ of the 
     Secure Borders, Economic Opportunity and Immigration Reform 
     Act of 2007 or any regulation, written policy, or written 
     directive issued by or under the authority of the Secretary 
     to implement such title violates the Constitution or is 
     otherwise unlawful, be filed not later than 1 year after the 
     date of the publication or promulgation of the challenged 
     regulation, policy, or directive or, in cases challenging the 
     validity of such Act, not later than 1 year after the date of 
     the enactment of such Act; and
       ``(ii) shall, 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 not later than 1 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 the Class Action Fairness Act of 2005 (Public 
     Law 109-2; 119 Stat. 4), the amendments made by that Act, and 
     the Federal Rules of Civil Procedure.
       ``(D) Preclusive effect.--The final disposition of any 
     claim brought under subparagraph (A) shall be preclusive of 
     any such claim asserted in a subsequent proceeding under this 
     subsection or under section _03 of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007.
       ``(E) Exhaustion and stay of proceedings.--No claim brought 
     under this paragraph shall require the plaintiff to exhaust 
     administrative remedies under section _03 of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, 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 this Act.''.

     SEC. _04. MANDATORY DISCLOSURE OF INFORMATION.

       (a) In General.--Except as otherwise provided in this 
     section, no Federal agency or bureau, or any officer or 
     employee of such agency or bureau, may--
       (1) use the information furnished by the applicant pursuant 
     to an application filed under section _01 and _02, for any 
     purpose, other than to make a determination on the 
     application;
       (2) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       (3) permit anyone other than the sworn 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) Required Disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     section 601 and 602, and any other information derived from 
     such furnished information, to--
       (1) a law enforcement entity, 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, in each instance about an 
     individual suspect or group of suspects, when such 
     information is requested by such entity;
       (2) a law enforcement entity, intelligence agency, national 
     security agency, or component of the Department of Homeland 
     Security in connection with a duly authorized investigation 
     of a civil violation, in each instance about an individual 
     suspect or group of suspects, when such information is 
     requested by such entity; or
       (3) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (c) Inapplicability After Denial.--The limitations under 
     subsection (a)--
       (1) shall apply only until an application filed under 
     section _01 and _02 is denied and all opportunities for 
     administrative appeal of the denial have been exhausted; and

[[Page S8540]]

       (2) shall not apply to the use of the information furnished 
     pursuant to such application in any removal proceeding or 
     other criminal or civil case or action relating to an alien 
     whose application has been granted that is based upon any 
     violation of law committed or discovered after such grant.
       (d) Criminal Convictions.--Notwithstanding any other 
     provision of this section, information concerning whether the 
     applicant has at any time been convicted of a crime may be 
     used or released for immigration enforcement and law 
     enforcement purposes.
       (e) Auditing and Evaluation of Information.--The Secretary 
     may audit and evaluate information furnished as part of any 
     application filed under sections _01 and _02, any application 
     to extend such status under section _01(k), or any 
     application to adjust status to that of an alien lawfully 
     admitted for permanent residence under section _02, 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 _02, 
     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 applications for status 
     pursuant to sections _01 or _02 to make a determination on 
     any petition or application.
       (g) Criminal Penalty.--Any person who 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 _01 or _02, 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.
       (i) References.--References in this section to section _01 
     or _02 are references to sections _01 and _02 of this Act and 
     the amendments made by those sections.

     SEC. _05. EMPLOYER PROTECTIONS.

       (a) In General.--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 a prosecution or 
     investigation (civil or criminal) of that employer under 
     section 274A of the Immigration and Nationality Act (8 U.S.C. 
     1324a), as amended by title __, or under 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. _06. ENUMERATION OF SOCIAL SECURITY NUMBER.

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

     SEC. _07. 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 striking subsection (c) and 
     inserting the following:
       ``(c)(1) Except as provided in paragraph (2), for purposes 
     of subsections (a) and (b), no quarter of coverage shall be 
     credited for any calendar year beginning on or after January 
     1, 2004, with respect to an individual who is not a natural-
     born United States citizen, unless the Commissioner of Social 
     Security determines, on the basis of information provided to 
     the Commissioner in accordance with an agreement entered into 
     under subsection (d) or otherwise, that the individual was 
     authorized to be employed in the United States during such 
     quarter.
       ``(2) Paragraph (1) shall not apply to an individual who 
     was assigned a social security account number prior to 
     January 1, 2004.
       ``(d) Not later than 180 days after the date of the 
     enactment of this subsection, the Secretary of Homeland 
     Security shall enter into an agreement with the Commissioner 
     of Social Security to provide such information as the 
     Commissioner determines necessary to carry out the limitation 
     on crediting quarters of coverage under subsection (c).''.
       (b) Benefit Computation.--Section 215(e) of the Social 
     Security 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(c).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to benefit applications filed on or after the 
     date that is 180 days after the date of the enactment of this 
     Act based on the wages or self-employment income of an 
     individual with respect to whom a primary insurance amount 
     has not been determined under title II of the Social Security 
     Act (42 U.S.C. 401 et seq.) before such date.

     SEC. _08. PAYMENT OF PENALTIES AND USE OF PENALTIES 
                   COLLECTED.

       (a) Procedures.--The Secretary shall by regulation 
     establish procedures allowing for the payment of 80 percent 
     of the penalties described in section _01(e)(5)(B) and 
     section _02(a)(3)(D) through an installment payment plan.
       (b) Use.--Any penalties received under this title with 
     respect to an application for Z-1 nonimmigrant status shall 
     be used in the following order of priority:
       (1) Such penalties shall be credited as offsetting 
     collections to appropriations provided pursuant to section 
     _11 for the fiscal year in which this Act is enacted and the 
     subsequent fiscal year.
       (2) Such penalties shall be deposited and remain available 
     as otherwise provided under this title.

     SEC. _09. 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 this Act, 
     during the period beginning on the date of the enactment of 
     this 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 1543, 1544, or 1546 of title 18, United States Code, 
     or any amendments made by this Act, during the period 
     beginning on the date of the enactment of this Act and ending 
     on the date on which the alien applies for eligibility for an 
     immigration benefit described in subsection (a) may be 
     prosecuted for the violation if the alien's application for 
     such benefit is denied.

     SEC. _10. RULEMAKING.

       (a) Interim Final Rule.--The Secretary shall issue an 
     interim final rule within 6 months of the date of the 
     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 2 years after 
     issuance unless the Secretary issues a final rule within 2 
     years of the issuance of the interim final rule.
       (b) Exemption.--The exemption provided under this section 
     shall sunset not later than 2 years after the date of the 
     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. _11. AUTHORIZATION OF APPROPRIATIONS.

       (a) The first $4,400,000,000 of such penalties shall be 
     deposited into the general fund of the Treasury as repayment 
     of funds transferred into the Immigration Security Account 
     under section 286(z)(1) of the Immigration and Nationality 
     Act.
       (b) Penalties in excess of $4,400,000,000 shall be 
     deposited and remain available as otherwise provided under 
     this Act.
       (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 _01 and _02.

                         Subtitle B--Dream Act

     SEC. _20. 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. _21. 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. _22. 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 of Homeland Security may beginning on the date that 
     is 3 years after the date of the enactment of this Act adjust 
     to the status of an alien lawfully admitted for permanent 
     residence an alien who is determined to be

[[Page S8541]]

     eligible for or has been granted probationary or Z 
     nonimmigrant status 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 the enactment of this 
     Act, 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) subject to paragraph (2), the alien has not abandoned 
     the alien's residence in the United States;
       (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) 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).
       (2) Abandonment.--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.
       (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 or Z nonimmigrant status and has 
     satisfied the requirements of paragraphs (A) through (F) of 
     subsection (a)(1) shall beginning on the date that is 8 years 
     after the date of the enactment of this Act be considered to 
     have satisfied the requirements of section 316(a)(1) of the 
     Immigration and Nationality 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 the 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. _23. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION 
                   ON FEES.

       Regulations promulgated under this subtitle shall provide 
     that no additional fee will be charged to an applicant for a 
     Z nonimmigrant visa for applying for benefits under this 
     subtitle.

     SEC. _24. HIGHER EDUCATION ASSISTANCE.

       (a) Inapplicability of Other Laws.--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 has been granted probationary or Z 
     nonimmigrant status.
       (b) Assistance.--Notwithstanding any provision of the 
     Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with 
     respect to assistance provided under title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien who 
     adjusts status to that of a lawful permanent resident under 
     this title, or who is a probationary Z or Z nonimmigrant 
     under this title and who meets the eligibility criteria set 
     forth in subparagraphs (A), (B), and (F) of section 
     622(a)(1), shall be eligible for the following assistance 
     under such title IV:
       (1) Student loans under parts B, D, and E of such title IV, 
     subject to the requirements of such parts.
       (2) Federal work-study programs under part C of such title 
     IV, subject to the requirements of such part.
       (3) Services under such title IV, subject to the 
     requirements for such services.

     SEC. _25. DELAY OF FINES AND FEES.

       (a) In General.--Payment of the penalties and fees 
     specified in section _01(e)(5) shall not be required with 
     respect to an alien who meets the eligibility criteria set 
     forth in subparagraphs (A), (B), and (F) of section _22(a)(1) 
     until the date that is 6 years and 6 months after the date of 
     the 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 _22(a)(1) by such date, 
     the penalties shall be waived. If the alien fails to make the 
     demonstrations specified in section _22(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 
     _01(e)(5) consistent with the procedures set forth in section 
     _08 within 90 days.
       (b) Refunds.--With respect to an alien who meets the 
     eligibility criteria set forth in subparagraphs (A) and (F) 
     of section _22(a)(1), but not the eligibility criteria in 
     section _22(a)(1)(B), the individual who pays the penalties 
     specified in section _01(e)(5) shall be entitled to a refund 
     when the alien makes all the demonstrations specified in 
     section _22(a)(1).

     SEC. _26. GAO REPORT.

       Not later than 7 years after the date of the 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 _22;
       (2) the number of aliens who applied for adjustment of 
     status under section _22; and
       (3) the number of aliens who were granted adjustment of 
     status under section _22.

     SEC. _27. REGULATIONS; EFFECTIVE DATE; AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Regulations.--The Secretary of Homeland Security 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 the 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 of Homeland Security such 
     sums as may be necessary to implement this subtitle, 
     including any sums needed for costs associated with the 
     initiation of such implementation.

                    Subtitle C--Agricultural Workers

     SEC. _30. 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

     SEC. _31. 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 _01(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; 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:

     ``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 
     the Secretary determines such person is qualified and has 
     substantial experience, demonstrated competence, and 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 such 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).

[[Page S8542]]

       ``(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 issued 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 issued 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, issued 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 the 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 a 
     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 issue 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.--
       ``(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 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 a 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 
     paragraph (1) 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 authority to make determinations.--No qualified 
     designated entity may make a determination required by this 
     section 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) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under subparagraph (A)(ii) for services provided to 
     applicants.
       ``(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.
       ``(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 dependent 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 this subsection, 
     including any evidence required under this 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 a 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

[[Page S8543]]

     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 
     the 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 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;
       ``(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 issued 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 issued 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 issued 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 issued 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 issued 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 issued 
     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 
     issued 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 issued 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 issuance 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 issued a Z-A visa, fails to 
     perform the agricultural employment described in subsection 
     (j)(1)(A)

[[Page S8544]]

     unless the alien was unable to work in agricultural 
     employment due to the extraordinary circumstances described 
     in subsection (j)(1)(A)(iii).
       ``(3) Reporting requirement.--The Secretary shall 
     promulgate regulations to ensure that the alien issued a Z-A 
     visa complies with the qualifying agricultural employment 
     described in subsection (j)(1)(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 issued a Z-A visa to that of an alien lawfully 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 (ii) and (iii), 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 the 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 workdays during 3 years of 
     those 4 years and at least 100 workdays 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).
       ``(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.
       ``(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 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 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 status or renewal 
     of Z status under section _01(k)(2) of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007 prior 
     to the expiration of the application period described in 
     subsection (c)(1)(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 (1)(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 
     _01(k)(2) of the Secure Borders, Economic Opportunity and 
     Immigration Reform Act of 2007, a Z-A nonimmigrant who is 18 
     years of age or older shall pass the naturalization test 
     described in paragraph (1) and (2) of section 312(a).
       ``(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 50 years of age and has been living in the 
     United States for periods totaling at least 20 years; or
       ``(iii) is over 55 years of age and has been living in the 
     United States for periods totaling at least 15 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 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.
       ``(k) Confidentiality of Information.--Applicants for Z-A 
     nonimmigrant status under this section shall be afforded 
     confidentiality as provided under section _04 of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007.
       ``(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. 1321-54) 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 _03 of 
     the Secure Borders, Economic Opportunity and Immigration 
     Reform Act of 2007.
       ``(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 this Act, 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:
       ``(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 such Act (8 U.S.C. 1152) is amended by 
     adding at the end the following:
       ``(6) Special rule for z-a nonimmigrants.--An immigrant 
     visa may be

[[Page S8545]]

     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 workers.''.

     SEC. _32. 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:
       ``(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. _33. 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 the 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 and the amendments made 
     by this subtitle, including any sums needed for costs 
     associated with the initiation of such implementation.

     SEC. _34. 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.

     SEC. __. ESTABLISHMENT OF Z NONIMMIGRANT CATEGORY.

       (a) In General.--Section 101(a)(15)(Z) of the Immigration 
     and Nationality Act, as added by section 601(b), is amended 
     to read as follows:
       ``(Z) subject to title VI of the Secure Borders, Economic 
     Opportunity and Immigration Reform Act of 2007, an alien 
     who--
       ``(i)(I) has maintained a continuous physical presence in 
     the United States since the date that is 4 years before the 
     date of the enactment of the Secure Borders, Economic 
     Opportunity and Immigration Reform Act of 2007;
       ``(II) is employed, and seeks to continue performing labor, 
     services, or education; and
       ``(III) the Secretary of Homeland Security determines has 
     sufficient ties to a community in the United States, based 
     on--

       ``(aa) whether the applicant has immediate relatives (as 
     defined in section 201(b)(2)(A)) residing in the United 
     States;
       ``(bb) the amount of cumulative time the applicant has 
     lived in the United States;
       ``(cc) whether the applicant owns property in the United 
     States;
       ``(dd) whether the applicant owns a business in the United 
     States;
       ``(ee) the extent to which the applicant knows the English 
     language;
       ``(ff) the applicant's work history in the United States;
       ``(gg) whether the applicant attended school (either 
     primary, secondary, college, post-graduate) in the United 
     States;
       ``(hh) the extent to which the applicant has a history of 
     paying Federal and State income taxes;
       ``(ii) whether the applicant has been convicted of criminal 
     activity in the United States; and
       ``(jj) whether the applicant certifies his or her intention 
     to ultimately become a United States citizen;

       ``(ii)(I) is the spouse or parent (65 years of age or 
     older) of an alien described in clause (i);
       ``(II) was, during the 2-year period ending on the date on 
     which the Secure Borders, Economic Opportunity and 
     Immigration Reform Act of 2007 was introduced in the Senate, 
     the spouse of an alien 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; or

       ``(III) is under 18 years of age at the time of application 
     for nonimmigrant status under this subparagraph and was born 
     to, or legally adopted by, a parent described in clause 
     (i).''.
       (b) Rulemaking.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations, in accordance with the procedures set forth in 
     sections 555, 556, and 557 of title 5, United States Code, 
     which establish the precise system that the Secretary shall 
     use to make a determination under section 101(a)(15)(Z)(ii) 
     of the Immigration and Nationality Act, as added by 
     subsection (a).
       (c) Additional Z Nonimmigrant Eligibility Requirements.--
       (1) In general.--Notwithstanding any provision of section 
     601(e), an alien is not eligible for Z-1 or Z-2 nonimmigrant 
     status, or for nonimmigrant status under section 
     101(a)(15)(Z)(iii)(I) of the Immigration and Nationality Act 
     unless--
       (A) the alien was physically present in the United States 
     on the date that is 4 years before the date of the enactment 
     of this Act and has maintained physical presence in the 
     United States since that date; and
       (B) the alien was, on the date that is 4 years before the 
     date of the enactment of this Act, not present in lawful 
     status in the United States under any classification 
     described in section 101(a)(15) of the Immigration and 
     Nationality Act or any other immigration status made 
     available under a treaty or other multinational agreement 
     that has been ratified by the Senate.
       (2) Treatment of applicants.--Notwithstanding any provision 
     of section 601(h), an alien who files an application for Z 
     nonimmigrant status shall submit sufficient evidence that the 
     alien resided in the United States for not less than 4 years 
     before the date of the enactment of this Act before receiving 
     any benefit under section 601(h).
       (3) Application.--Notwithstanding any provision of section 
     602(a)(1), a Z-1 nonimmigrant's application for adjustment of 
     status to that of an alien lawfully admitted for permanent 
     residence may be filed in person with a United States 
     consulate outside the United States or with United States 
     Citizenship and Immigration Services at any location in the 
     United States designated by the Secretary.

     SEC. __. PROHIBITION ON ADJUSTMENT OF STATUS FOR Z 
                   NONIMMIGRANTS.

       Notwithstanding any provision of section 602--
       (1) a Z nonimmigrant may not be issued an immigrant visa 
     pursuant to section 221 or 222 of the Immigration and 
     Nationality Act (8 U.S.C. 1201 and 1202); and
       (2) the status of a Z nonimmigrant may not be adjusted to 
     that of an alien lawfully admitted for permanent residence.

     SEC. __. FAMILY-SPONSORED IMMIGRANTS.

       (a) Preference Categories.--Section 203(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)), as 
     amended by section 503(c) of this Act, is further amended to 
     read as follows:
       ``(a) Preference Allocation for Family-Sponsored 
     Immigrants.--Aliens subject to the worldwide level specified 
     in section 201(c) for family-sponsored immigrants shall be 
     allotted immigrant visas as follows:
       ``(1) Parents of a citizen of the united states if the 
     citizen is at least 21 years of age.--Qualified immigrants 
     who are the parents of a citizen of the United States if the 
     citizen at least 21 years of age shall be allocated immigrant 
     visas in a number not to exceed the sum of--
       ``(A) 90,000; and
       ``(B) the number of visas not required for the classes 
     specified in paragraph (3).
       ``(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 a noncitizen national of the United 
     States (as defined in section 101(a)(22)(B)) who is resident 
     in the United States shall be allocated immigrant visas in a 
     number not to exceed the sum of--
       ``(A) 87,000; and
       ``(B) the number of visas not required for the class 
     specified in paragraph (1).
       ``(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 as 
     follows:
       ``(A) Qualified immigrants who are the unmarried sons or 
     daughters of citizens of the United States shall be allocated 
     visas in a number not to exceed the sum of--
       ``(i) 70,400; and
       ``(ii) the number of visas not required for the class 
     specified in subparagraph (D).
       ``(B) Qualified immigrants who are the unmarried sons or 
     unmarried daughters of an

[[Page S8546]]

     alien lawfully admitted for permanent residence, shall be 
     allocated visas in a number not to exceed the sum of--
       ``(i) 110,000; and
       ``(ii) the number of visas not required for the class 
     specified in subparagraph (A).
       ``(C) Qualified immigrants who are the married sons or 
     married daughters of citizens of the United States shall be 
     allocated visas in a number not to exceed the sum of--
       ``(i) 70,400; and
       ``(ii) the number of visas not required for the classes 
     specified in subparagraphs (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 in a number 
     not to exceed the sum of--
       ``(i) 189,200; and
       ``(ii) the number of visas not required for the classes 
     specified in subparagraphs (A), (B), and (C).''.
       (b) Parent Visitor Visas.--Section 214(s) of the 
     Immigration and Nationality Act, as added by section 506(b) 
     of this Act, is amended to read as follows:
       ``(s) Parent Visitor Visas.--
       ``(1) In general.--The parent of a 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 a renewable nonimmigrant visa valid for 3 years for a 
     visit or visits for an aggregate period not in excess of 180 
     days in any one year period under section 101(a)(15)(B) as a 
     temporary visitor for pleasure.
       ``(2) Requirements.--An alien seeking a 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 101(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 forfeited 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 180 days within any calendar year unless 
     an extension of stay is granted upon the specific approval of 
     the district director for good cause;
       ``(B) shall, 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) Permanent bars for overstays.--
       ``(A) In general.--Any alien admitted as a 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 
     circumstances; and
       ``(ii) the alien has not otherwise violated his or her 
     nonimmigrant status.
       ``(5) Bar on sponsor of overstay.--The United States 
     citizen or Y-1 nonimmigrant sponsor of an alien--
       ``(A) admitted as a 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 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.
       ``(6) Construction.--Except as specifically provided in 
     this subsection, nothing in this subsection may be construed 
     to make inapplicable--
       ``(A) the requirements for admissibility and eligibility; 
     or
       ``(B) the terms and conditions of admission as a 
     nonimmigrant under section 101(a)(15)(B).''.

     SEC. __. REDUCING CHAIN MIGRATION AND PERMITTING PETITIONS BY 
                   NATIONALS.

       (a) Preference Categories.--Section 203(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)), as 
     amended by section 503(c), is further amended--
       (1) by striking ``not to exceed'' and inserting ``equal 
     to''; and
       (2) by adding at the end the following: ``If the number of 
     visas issued pursuant to this paragraph is fewer than 87,000, 
     such unused visas may be available for visas issued pursuant 
     to paragraph (1).''.
       (b) Parent Visitor Visas.--Section 214(s)(4) of the 
     Immigration and Nationality Act, as added by section 506(b), 
     is amended by striking ``7 percent'' each place it appears 
     and inserting ``5 percent''.

     SEC. __. EFFECT OF EXTENDED FAMILY ON MERIT-BASED EVALUATION 
                   SYSTEM.

       Section 203(b)(1)(A) of the Immigration and Nationality 
     Act, as amended by section 502(b)(1), is amended by striking 
     the merit-based evaluation system set forth in all the matter 
     relating to ``Extended family'' and insert the following:


Extended family                         Adult (21 or older) son       15
                                         or daughter of a United
                                         States citizen - 10
                                         points.
                                        Adult (21 or older) son   ......
                                         or daughter of a legal
                                         permanent resident - 10
                                         points.
                                        Sibling of a United       ......
                                         States citizen or legal
                                         permanent resident - 10
                                         points.
                                         If an alien had applied  ......
                                         for a family visa in
                                         any of the above
                                         categories after May 1,
                                         2005 - 5 points.
------------------------------------------------------------------------
Total                                   ........................     105
------------------------------------------------------------------------

       

     SEC. __. IDENTIFICATION CARD STANDARDS.

       (a) Repeal.--Section 306 of this Act is repealed.
       (b) Limitation.--Notwithstanding any other provision of 
     this Act or the amendments made by this Act--
       (1) no Federal agency may require that a driver's license 
     or personal identification card meet the standards specified 
     under the REAL ID Act of 2005 (division B of Public Law 109-
     13) to establish employment authorization or identity in 
     order to be hired by an employer; and
       (2) no Federal funds may be provided under this Act to 
     assist States to meet such standards to establish employment 
     authorization or identity in order to be hired by an 
     employer.

                TITLE __--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. _01. REPEAL OF TITLE III.

       Title III of this Act is repealed and the amendments made 
     by title III of this Act are null and void.

     SEC. _02. UNLAWFUL EMPLOYMENT OF ALIENS.

       (a) In General.--Section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a) is amended to read as 
     follows:

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

       ``(a) Making Employment of Unauthorized Aliens Unlawful.--
       ``(1) In general.--It is unlawful for an employer--
       ``(A) to hire, or to recruit or refer for a fee, an alien 
     for employment in the United States knowing, or with reckless 
     disregard for the fact that, the alien is an unauthorized 
     alien with respect to such employment; or
       ``(B) to hire, or to recruit or refer for a fee, an 
     individual for employment in the United States, unless such 
     employer meets 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 for the fact that, the alien is (or has 
     become) an unauthorized alien with respect to such 
     employment.
       ``(3) Use of labor through contract.--
       ``(A) In general.--It is unlawful for an employer to 
     obtain, or continue to obtain, the labor of an alien through 
     a contract, subcontract, or exchange knowing that the alien 
     is, or has become, an unauthorized alien with respect to such 
     employment
       ``(B) Rebuttable presumption.--There shall be a rebuttable 
     presumption that the employer has violated subparagraph (A) 
     if the employer fails to terminate such contract or 
     subcontract upon written or electronic notice from the 
     Secretary that such alien is, or has become, an unauthorized 
     alien with respect to such employment.
       ``(C) Notification.--The Secretary shall establish 
     procedures to permit the notification of employers under 
     subparagraph (B).
       ``(4) Defense.--
       ``(A) In general.--Subject to subparagraph (B), an employer 
     that establishes that the employer has complied in good faith 
     with the requirements of subsections (c) and (d) has 
     established an affirmative defense that the employer has not 
     violated paragraph (1)(A) with respect to such hiring, 
     recruiting, or referral.

[[Page S8547]]

       ``(B) Exception.--Until the date that an employer is 
     required to participate in the Electronic Employment 
     Verification System under subsection (d) or is participating 
     in such System on a voluntary basis, the employer may 
     establish an affirmative defense under subparagraph (A) by 
     complying with the requirements of subsection (c).
       ``(b) Order of Internal Review and Certification of 
     Compliance.--
       ``(1) Authority to require certification.--If the Secretary 
     has reasonable cause to believe that an employer has failed 
     to comply with this section, the Secretary is authorized, at 
     any time, to require that the employer certify that the 
     employer is in compliance with this section, or has 
     instituted a program to come into compliance.
       ``(2) Content of certification.--Not later than 60 days 
     after the date an employer receives a request for a 
     certification under paragraph (1) the employer shall certify 
     under penalty of perjury that--
       ``(A) the employer is in compliance with the requirements 
     of subsections (c) and (d); or
       ``(B) that the employer has instituted a program to come 
     into compliance with such requirements.
       ``(3) Extension.--The 60-day period referred to in 
     paragraph (2), may be extended by the Secretary for good 
     cause, at the request of the employer.
       ``(4) Publication.--The Secretary is authorized to publish 
     in the Federal Register standards or methods for 
     certification under paragraph (1) and for specific 
     recordkeeping practices with respect to such certification, 
     and procedures for the audit of any records related to such 
     certification.
       ``(c) Document Verification Requirements.--An employer 
     hiring, or recruiting or referring for a fee, an individual 
     for employment in the United States, shall verify that the 
     individual is eligible for such employment by meeting the 
     following requirements:
       ``(1) Attestation by employer.--
       ``(A) Requirements.--
       ``(i) In general.--The employer shall attest, under penalty 
     of perjury and on a form prescribed by the Secretary, that 
     the employer has verified the identity and eligibility for 
     employment of the individual by examining a document 
     described in subparagraph (B).
       ``(ii) Signature requirements.--An attestation required by 
     clause (i) may be manifested by a handwritten or electronic 
     signature.
       ``(iii) Standards for examination.--The employer has 
     complied with the requirement of this paragraph with respect 
     to examination of documentation if a reasonable person would 
     conclude that the document examined is genuine and relates to 
     the individual whose identity and eligibility for employment 
     in the United States is being verified. If the individual 
     provides a document sufficient to meet the requirements of 
     this paragraph, nothing in this paragraph shall be construed 
     as requiring an employer to solicit any other document or as 
     requiring the individual to produce any other document.
       ``(B) Identification documents.--A document described in 
     this subparagraph is--
       ``(i) in the case of an individual who is a national of the 
     United States--

       ``(I) a United States passport, or passport card issued 
     pursuant to the Secretary of State's authority under the 
     first section of the Act of July 3, 1926 (44 Stat. 887, 
     Chapter 772; 22 U.S.C. 211a); or
       ``(II) a driver's license or identity card issued by a 
     State, the Commonwealth of the Northern Mariana Islands, or 
     an outlying possession of the United States that--

       ``(aa) contains a photograph of the individual and other 
     identifying information, including the individual's name, 
     date of birth, gender, and address; and
       ``(bb) contains security features to make the license or 
     card resistant to tampering, counterfeiting, and fraudulent 
     use;
       ``(ii) in the case of an alien lawfully admitted for 
     permanent residence in the United States, a permanent 
     resident card, as specified by the Secretary that meets the 
     requirements of items (aa) and (bb) of clause (i)(II);
       ``(iii) in the case of an alien who is authorized to be 
     employed in the United States, an employment authorization 
     card, as specified by the Secretary that meets the 
     requirements of such items (aa) and (bb); or
       ``(iv) in the case of an individual who is unable to obtain 
     a document described in clause (i), (ii), or (iii), a 
     document designated by the Secretary that meets the 
     requirements of such items (aa) and (bb).
       ``(C) Authority to prohibit use of certain documents.--
       ``(i) Authority.--If the Secretary finds that a document or 
     class of documents described in subparagraph (B) is not 
     reliable to establish identity or is being used fraudulently 
     to an unacceptable degree, the Secretary shall prohibit, or 
     impose conditions, on the use of such document or class of 
     documents for purposes of this subsection.
       ``(ii) Requirement for publication.--The Secretary shall 
     publish notice of any findings under clause (i) in the 
     Federal Register.
       ``(2) Attestation of employee.--
       ``(A) Requirements.--
       ``(i) In general.--The individual shall attest, under 
     penalty of perjury on the form described in paragraph 
     (1)(A)(i), that the individual is a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or an alien who is authorized to be hired, or to be recruited 
     or referred for a fee, in the United States.
       ``(ii) Signature for examination.--An attestation required 
     by clause (i) may be manifested by a handwritten or 
     electronic signature.
       ``(B) Penalties.--An individual who falsely represents that 
     the individual is eligible for employment in the United 
     States in an attestation required by subparagraph (A) shall, 
     for each such violation, be subject to a fine of not more 
     than $5,000, a term of imprisonment not to exceed 3 years, or 
     both.
       ``(3) Retention of attestation.--The employer shall retain 
     a paper, microfiche, microfilm, or electronic version of the 
     attestations made under paragraphs (1) and (2) and make such 
     attestations available for inspection by an officer of the 
     Department of Homeland Security, any other person designated 
     by the Secretary, the Special Counsel for Immigration-Related 
     Unfair Employment Practices of the Department of Justice, or 
     the Secretary of Labor during a period beginning on the date 
     of the hiring, or recruiting or referring for a fee, of the 
     individual and ending--
       ``(A) in the case of the recruiting or referral for a fee 
     (without hiring) of an individual, 5 years after the date of 
     the recruiting or referral; or
       ``(B) in the case of the hiring of an individual the later 
     of--
       ``(i) 5 years after the date of such hiring;
       ``(ii) 1 year after the date the individual's employment is 
     terminated; or
       ``(iii) in the case of an employer or class of employers, a 
     period that is less than the applicable period described in 
     clause (i) or (ii) if the Secretary reduces such period for 
     such employer or class of employers.
       ``(4) Document retention and recordkeeping requirements.--
       ``(A) Retention of documents.--Notwithstanding any other 
     provision of law, an employer shall retain, for the 
     applicable period described in paragraph (3), the following 
     documents:
       ``(i) In general.--The employer shall copy all documents 
     presented by an individual described in paragraph (1)(B) and 
     shall retain paper, microfiche, microfilm, or electronic 
     copies of such documents. Such copies shall be designated as 
     copied documents.
       ``(ii) Other documents.--The employer shall maintain 
     records of any action taken and copies of any correspondence 
     written or received with respect to the verification of an 
     individual's identity or eligibility for employment in the 
     United States.
       ``(B) Use of retained documents.--An employer shall use 
     copies retained under clause (i) or (ii) of subparagraph (A) 
     only for the purposes of complying with the requirements of 
     this subsection, except as otherwise permitted under law.
       ``(5) Penalties.--An employer that fails to comply with the 
     recordkeeping requirements of this subsection shall be 
     subject to the penalties described in subsection (e)(4)(B).
       ``(6) No authorization of national identification cards.--
     Nothing in this section may be construed to authorize, 
     directly or indirectly, the issuance, use, or establishment 
     of a national identification card.
       ``(d) Electronic Employment Verification System.--
       ``(1) Requirement for system.--The Secretary, in 
     cooperation with the Commissioner of Social Security, shall 
     implement an Electronic Employment Verification System 
     (referred to in this subsection as the `System') to determine 
     whether--
       ``(A) the identifying information submitted by an 
     individual is consistent with the information maintained by 
     the Secretary, the Secretary of State, the Commissioner of 
     Social Security, or the official of a State responsible for 
     issuing drivers' licenses and identity cards; and
       ``(B) such individual is eligible for employment in the 
     United States.
       ``(2) Requirement for participation.--
       ``(A) New employees.--The Secretary shall require all 
     employers in the United States to participate in the System, 
     with respect to all employees hired by the employer on or 
     after the date that is not later than 18 months after the 
     date of enactment of this section.
       ``(B) Other employees.--Not later than 3 years after such 
     date of enactment, the Secretary shall require all employers 
     to verify through the System the identity and employment 
     eligibility of any individual who--
       ``(i) the Secretary has reason to believe is unlawfully 
     employed based on the information received under section 
     6103(l)(21) of the Internal Revenue Code of 1986; and
       ``(ii) has not been previously verified through the System.
       ``(3) Other participation in system.--Notwithstanding 
     paragraph (2), the Secretary has the authority--
       ``(A) to permit any employer that is not required to 
     participate in the System under paragraph (2) to participate 
     in the System on a voluntary basis; and
       ``(B) to require any employer or class of employers to 
     participate on a priority basis in the System with respect to 
     individuals employed as of, or hired after, the date of 
     enactment of this section--
       ``(i) if the Secretary designates such employer or class of 
     employers as a critical employer based on an assessment of 
     homeland security or national security needs; or
       ``(ii) if the Secretary has reasonable cause to believe 
     that the employer has engaged in material violations of 
     paragraph (1), (2), or (3) of subsection (a).
       ``(4) Requirement to notify.--The Secretary shall notify 
     the employer or class of

[[Page S8548]]

     employers in writing regarding the requirement for 
     participation in the System under paragraph (2) or (3)(B) not 
     less than 60 days prior to the effective date of such 
     requirement. Such notice shall include the training materials 
     described in paragraph (8)(E)(iv).
       ``(5) Registration of employers.--An employer shall 
     register the employer's participation in the System in the 
     manner prescribed by the Secretary prior to the date the 
     employer is required or permitted to submit information with 
     respect to an employee under this subsection.
       ``(6) Additional guidance.--A registered employer shall be 
     permitted to utilize any technology that is consistent with 
     this section and with any regulation or guidance from the 
     Secretary to streamline the procedures to facilitate 
     compliance with--
       ``(A) the attestation requirement in subsection (c); and
       ``(B) the employment eligibility verification requirements 
     in this subsection.
       ``(7) Consequence of failure to participate.--If an 
     employer is required to participate in the System and fails 
     to comply with the requirements of the System with respect to 
     an employee--
       ``(A) such failure shall be treated as a violation of 
     subsection (a)(1)(B); and
       ``(B) a rebuttable presumption is created that the employer 
     has violated subsection (a)(1)(A), however, such presumption 
     may not apply to a prosecution under subsection (f)(1).
       ``(8) Design and operation of system.--
       ``(A) In general.--The Secretary shall, through the 
     System--
       ``(i) respond to each inquiry made by a registered employer 
     through the Internet or other electronic media, or over a 
     toll-free telephone line regarding an individual's identity 
     and eligibility for employment in the United States; and
       ``(ii) maintain a record of each such inquiry and the 
     information provided in response to such inquiry.
       ``(B) Initial inquiry.--
       ``(i) Information required.--A registered employer shall 
     with respect to hiring or recruiting or referring for a fee 
     any individual for employment in the United States, obtain 
     from the individual and record on the form described in 
     subsection (c)(1)(A)(i)--

       ``(I) the individual's name and date of birth;
       ``(II) the individual's social security account number;
       ``(III) the identification number contained on the document 
     presented by the individual pursuant to subsection (c)(1)(B); 
     and
       ``(IV) in the case of an individual who does not attest 
     that the individual is a national of the United States under 
     subsection (c)(1)(A)(i), such alien identification or 
     authorization number that the Secretary shall require.

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

       ``(I) not earlier than the date of hire and no later than 
     the first day of employment, or recruiting or referring for a 
     fee, of the individual (as the case may be); or
       ``(II) in the case of an employee hired before such 
     employer was required to participate in the system, at such 
     time as the Secretary shall specify.

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

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

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

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

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

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

       ``(iv) Training materials.--The Secretary shall make 
     available or provide to the employer, upon request, not later 
     than 60 days prior to such employer's participation in the 
     System, appropriate training materials to facilitate 
     compliance with this subsection, and sections 274B(a)(7) and 
     274C(a).
       ``(F) Responsibilities of the commissioner of social 
     security.--The responsibilities of the Commissioner of Social 
     Security with respect to the System are set out in section 
     205(c)(2) of the Social Security Act.
       ``(G) Responsibilities of the secretary of state.--The 
     Secretary of State shall establish a reliable, secure method 
     to provide through the System a confirmation of the issuance 
     of identity documents described in subsection (c)(1)(B)(i)(I) 
     and transmit to the Secretary the related photographic image 
     or other identifying information.
       ``(H) Responsibilities of a state.--The official 
     responsible for issuing drivers' licenses and identity cards 
     for a State shall establish a reliable, secure method to 
     provide through the System a confirmation of the issuance of 
     identity documents described in subsection (c)(1)(B)(i)(II) 
     and transmit to the Secretary the related photographic image 
     or other identifying information.
       ``(9) Protection from liability.--No employer that 
     participates in the System shall be liable under any law for 
     any employment-related action taken with respect to an 
     individual in good faith reliance on information provided by 
     the System.

[[Page S8549]]

       ``(10) Administrative review.--
       ``(A) In general.--An individual who is terminated from 
     employment as a result of a final nonconfirmation notice may, 
     not later than 30 days after the date of such termination, 
     file an appeal of such notice.
       ``(B) Procedures.--The Secretary and Commissioner of Social 
     Security shall develop procedures to review appeals filed 
     under subparagraph (A) and to make final determinations on 
     such appeals.
       ``(C) Review for errors.--If a final determination on an 
     appeal filed under subparagraph (A) results in a confirmation 
     of an individual's eligibility to work in the United States, 
     the administrative review process shall require the Secretary 
     to determine whether the final nonconfirmation notice issued 
     for the individual was the result of--
       ``(i) the decision rules, processes, or procedures utilized 
     by the System;
       ``(ii) a natural disaster, or other event beyond the 
     control of the government;
       ``(iii) acts or omissions of an employee or official 
     operating or responsible for the System;
       ``(iv) acts or omissions of the individual's employer;
       ``(v) acts or omissions of the individual; or
       ``(vi) any other reason.
       ``(D) Compensation for error.--
       ``(i) In general.--If the Secretary makes a determination 
     under subparagraph (C) that the final nonconfirmation notice 
     issued for an individual was caused by a negligent, reckless, 
     willful, or malicious act of the government, and was not due 
     to an act or omission of the individual, the Secretary, 
     subject to the availability of appropriations made in 
     accordance with paragraph (12)(B), shall compensate the 
     individual for lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost during the period beginning on the 
     date the individual files a notice of appeal under this 
     paragraph and ending on the earlier of--

       ``(I) the date which is 180 days thereafter; or
       ``(II) the day after the date the individual receives a 
     confirmation described in subparagraph (C).

       ``(11) Judicial review.--
       ``(A) In general.--After the Secretary makes a final 
     determination on an appeal filed by an individual under the 
     administrative review process described in paragraph (10), 
     the individual may obtain judicial review of such 
     determination by a civil action commenced not later than 30 
     days after the date of such decision, or such further time as 
     the Secretary may allow.
       ``(B) Jurisdiction.--A civil action for such judicial 
     review shall be brought in the district court of the United 
     States for the judicial district in which the plaintiff 
     resides, or has a principal place of business, or, if the 
     plaintiff does not reside or have a principal place of 
     business within any such judicial district, in the District 
     Court of the United States for the District of Columbia.
       ``(C) Answer.--As part of the Secretary's answer to a 
     complaint for such judicial review, the Secretary shall file 
     a certified copy of the administrative record compiled during 
     the administrative review under paragraph (10), including the 
     evidence upon which the findings and decision complained of 
     are based. The court shall have power to enter, upon the 
     pleadings and transcript of the record, a judgment affirming 
     or reversing the result of that administrative review, with 
     or without remanding the cause for a rehearing.
       ``(D) Compensation for error.--
       ``(i) In general.--In cases in which such judicial review 
     reverses the final determination of the Secretary made under 
     paragraph (10), the court, subject to the availability of 
     appropriations made in accordance with paragraph (12)(B), 
     shall compensate the individual for lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work scheduled that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost during the period beginning on the 
     date the individual files a notice of appeal under paragraph 
     (10) and ending on the earlier of--

       ``(I) the date which is 180 days thereafter; or
       ``(II) the day after the date the individual receives a 
     reversal described in clause (i).

       ``(12) Compensation for loss of employment.--For purposes 
     of paragraphs (10) and (11)--
       ``(A) Limitation on compensation.--For purposes of 
     determining an individual's compensation for the loss of 
     employment, such compensation shall not include any period in 
     which the individual was not present in, or was ineligible 
     for employment in, the United States.
       ``(B) Authorization of appropriation of funds.--There is 
     authorized to be appropriated such sums as may be necessary 
     to provide the compensation or reimbursement provided for 
     under such paragraphs. An appropriation made pursuant to this 
     authorization shall be in addition to any funds otherwise 
     authorized to be appropriated to the Department of Homeland 
     Security.
       ``(13) Limitation on collection and use of data.--
       ``(A) Limitation on collection of data.--
       ``(i) In general.--The Secretary shall collect and maintain 
     only the minimum data necessary to facilitate the successful 
     operation of the System, and in no case shall the data be 
     other than--

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

       ``(ii) Penalties.--Any officer, employee, or contractor who 
     willfully and knowingly collects and maintains data in the 
     System other than data described in clause (i) shall be 
     guilty of a misdemeanor and fined $1,000 for each violation.
       ``(B) Limitation on use of data.--Whoever willfully and 
     knowingly accesses, discloses, or uses any information 
     obtained or maintained by the System--
       ``(i) for the purpose of committing identity fraud, or 
     assisting another person in committing identity fraud, as 
     defined in section 1028 of title 18, United States Code;
       ``(ii) for the purpose of unlawfully obtaining employment 
     in the United States or unlawfully obtaining employment in 
     the United States for any other person; or
       ``(iii) for any purpose other than as provided for under 
     any provision of law;
     shall be guilty of a felony and upon conviction shall be 
     fined under title 18, United States Code, or imprisoned for 
     not more than 5 years, or both.
       ``(C) Exceptions.--Nothing in subparagraph (A) or (B) may 
     be construed to limit the collection, maintenance, or use of 
     data by the Commissioner of Internal Revenue or the 
     Commissioner of Social Security as provided by law.
       ``(14) Modification authority.--The Secretary, after notice 
     is submitted to Congress and provided to the public in the 
     Federal Register, is authorized to modify the requirements of 
     this subsection with respect to completion of forms, method 
     of storage, attestations, copying of documents, signatures, 
     methods of transmitting information, and other operational 
     and technical aspects to improve the efficiency, accuracy, 
     and security of the System. The Secretary shall minimize the 
     collection and storage of paper documents and maximize the 
     use of electronic records, including electronic signatures.
       ``(15) Annual gao study and report.--
       ``(A) Requirement.--The Comptroller General of the United 
     States shall conduct an annual study of the System.
       ``(B) Purpose.--The study shall evaluate the accuracy, 
     efficiency, integrity, and impact of the System.
       ``(C) Report.--Not later than the date that is 24 months 
     after the date of the enactment of this section, and annually 
     thereafter, the Comptroller General shall submit to Congress 
     a report containing the findings of the study carried out 
     under this paragraph. Each such report shall include, at a 
     minimum, the following:
       ``(i) An assessment of System performance with respect to 
     the rate at which individuals who are eligible for employment 
     in the United States are correctly approved within each of 
     the periods specified in paragraph (8), including a separate 
     assessment of such rate for nationals and aliens.
       ``(ii) An assessment of the privacy and security of the 
     System and its effects on identity fraud or the misuse of 
     personal data.
       ``(iii) An assessment of the effects of the System on the 
     employment of unauthorized aliens.
       ``(iv) An assessment of the effects of the System, 
     including the effects of tentative confirmations on unfair 
     immigration-related employment practices, and employment 
     discrimination based on national origin or citizenship 
     status.
       ``(v) An assessment of whether the Secretary and the 
     Commissioner of Social Security have adequate resources to 
     carry out the duties and responsibilities of this section.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     regarding potential violations of subsection (a);
       ``(B) for the investigation of such complaints that the 
     Secretary determines are appropriate to investigate; and
       ``(C) for the investigation of other violations of 
     subsection (a) that the Secretary determines is appropriate.
       ``(2) Authority in investigations.--
       ``(A) In general.--In conducting investigations and 
     hearings under this subsection, officers and employees of the 
     Department of Homeland Security--
       ``(i) shall have reasonable access to examine evidence 
     regarding any employer being investigated; and
       ``(ii) if designated by the Secretary, may compel by 
     subpoena the attendance of witnesses and the production of 
     evidence at any designated place in an investigation or case 
     under this subsection.
       ``(B) Failure to cooperate.--In case of refusal to obey a 
     subpoena lawfully issued under subparagraph (A)(ii), the 
     Secretary may request that the Attorney General apply in an 
     appropriate district court of the

[[Page S8550]]

     United States for an order requiring compliance with such 
     subpoena, and any failure to obey such order may be punished 
     by such court as contempt.
       ``(C) Department of labor.--The Secretary of Labor shall 
     have the investigative authority provided under section 11(a) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to 
     ensure compliance with the provisions of this section.
       ``(3) Compliance procedures.--
       ``(A) Prepenalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) specify the amount of fines or other penalties to 
     be imposed;
       ``(iv) disclose the material facts which establish the 
     alleged violation; and
       ``(v) inform such employer that the employer shall have a 
     reasonable opportunity to make representations as to why a 
     claim for a monetary or other penalty should not be imposed.
       ``(B) Remission or mitigation of penalties.--
       ``(i) Review by secretary.--If the Secretary determines 
     that such fine or other penalty was incurred erroneously, or 
     determines the existence of such mitigating circumstances as 
     to justify the remission or mitigation of such fine or 
     penalty, the Secretary may remit or mitigate such fine or 
     other penalty on the terms and conditions as the Secretary 
     determines are reasonable and just, or order termination of 
     any proceedings related to the notice. Such mitigating 
     circumstances may include good faith compliance and 
     participation in, or agreement to participate in, the System, 
     if not otherwise required.
       ``(ii) Applicability.--This subparagraph may not apply to 
     an employer that has or is engaged in a pattern or practice 
     of violations of paragraph (1), (2), or (3) of subsection (a) 
     or of any other requirements of this section.
       ``(C) Penalty claim.--After considering evidence and 
     representations offered by the employer, the Secretary shall 
     determine whether there was a violation and promptly issue a 
     written final determination setting forth the findings of 
     fact and conclusions of law on which the determination is 
     based and the appropriate penalty.
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of paragraph (1), 
     (2), or (3) of subsection (a) shall pay civil penalties as 
     follows:
       ``(i) Pay a civil penalty of $5,000 for each unauthorized 
     alien with respect to each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     under this subparagraph, pay a civil penalty of $10,000 for 
     each unauthorized alien with respect to each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time under this subparagraph or has failed to comply with a 
     previously issued and final order related to any such 
     provision, pay a civil penalty of $25,000 for each 
     unauthorized alien with respect to each such violation.
       ``(iv) If the employer has previously been fined more than 
     2 times under this subparagraph or has failed to comply with 
     a previously issued and final order related to any such 
     provision, pay a civil penalty of $75,000 for each 
     unauthorized alien with respect to each such violation.
       ``(v) An employer who fails to comply with a written final 
     determination under paragraph (3)(C) shall be fined $75,000 
     for each violation, in addition to any fines or other 
     penalties imposed by such determination.
       ``(B) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     recordkeeping requirements of subsections (a), (c), and (d), 
     shall pay a civil penalty as follows:
       ``(i) Pay a civil penalty of $1,000 for each such 
     violation.
       ``(ii) If the employer has previously been fined 1 time 
     under this subparagraph, pay a civil penalty of $2,000 for 
     each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time under this subparagraph, pay a civil penalty of $5,000 
     for each such violation.
       ``(iv) If the employer has previously been fined more than 
     2 times under this subparagraph, pay a civil penalty of 
     $15,000 for each such violation.
       ``(v) An employer who fails to comply with a written final 
     determination under paragraph (3) shall be fined $15,000 for 
     each violation, in addition to any fines or other penalties 
     imposed by such determination.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary may impose additional penalties for 
     violations, including violations of cease and desist orders, 
     specially designed compliance plans to prevent further 
     violations, suspended fines to take effect in the event of a 
     further violation, and in appropriate cases, the criminal 
     penalty described in subsection (f).
       ``(5) Judicial review.--An employer adversely affected by a 
     final determination may, within 30 days after the date the 
     final determination is issued, file a petition in any 
     appropriate district court of the United States. The filing 
     of a petition as provided in this paragraph shall stay the 
     Secretary's determination until entry of judgment by the 
     court. The burden shall be on the employer to show that the 
     final determination was not supported by substantial 
     evidence. The Secretary is authorized to require that the 
     petitioner provide, prior to filing for review, security for 
     payment of fines and penalties through bond or other 
     guarantee of payment acceptable to the Secretary.
       ``(6) Enforcement of orders.--If an employer fails to 
     comply with a final determination issued against that 
     employer under this subsection, and the final determination 
     is not subject to review as provided in paragraph (5), the 
     Attorney General may file suit to enforce compliance with the 
     final determination, not earlier than 31 days and not later 
     than 180 days after the date the final determination is 
     issued, in any appropriate district court of the United 
     States. In any such suit, the validity and appropriateness of 
     the final determination shall not be subject to review.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $75,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 3 years for the entire 
     pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting a permanent or 
     temporary injunction, restraining order, or other order 
     against the employer, as the Secretary deems necessary.
       ``(g) Adjustment for Inflation.--All penalties in this 
     section shall be increased every 4 years beginning January 
     2011 to reflect the percentage increase in the consumer price 
     index for all urban consumers (all items; U.S. city average) 
     for the 48 month period ending with September of the year 
     preceding the year such adjustment is made. Any adjustment 
     under this subparagraph shall be rounded to the nearest 
     dollar.
       ``(h) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referral of an individual, to require 
     the individual to post a bond or security, to pay or agree to 
     pay an amount, or otherwise to provide a financial guarantee 
     or indemnity, against any potential liability arising under 
     this section relating to such hiring, recruiting, or referral 
     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.
       ``(i) Prohibition on Award of Government Contracts, Grants, 
     and Agreements.--
       ``(1) Employers with no contracts, grants, or agreements.--
       ``(A) In general.--If an employer who does not hold a 
     Federal contract, grant, or cooperative agreement is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer shall be subject to debarment from the receipt of a 
     Federal contract, grant, or cooperative agreement for a 
     period of not more than 2 years in accordance with the 
     procedures and standards prescribed by the Federal 
     Acquisition Regulations. The Secretary or the Attorney 
     General shall advise the Administrator of General Services of 
     such a debarment, and the Administrator of General Services 
     shall list the employer on the List of Parties Excluded from 
     Federal Procurement and Nonprocurement Programs for a period 
     of the debarment.
       ``(B) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive operation of this subsection or may limit the duration 
     or scope of the debarment.
       ``(2) Employers with contracts, grants, or agreements.--
       ``(A) In general.--An employer who holds a Federal 
     contract, grant, or cooperative agreement and is determined 
     by the Secretary to be a repeat violator of this section or 
     is convicted of a crime under this section, shall be subject 
     to debarment from the receipt of new Federal contracts, 
     grants, or cooperative agreements for a period of not more 
     than 2 years in accordance with the procedures and standards 
     prescribed by the Federal Acquisition Regulations.
       ``(B) Notice to agencies.--Prior to debarring the employer 
     under subparagraph (A), the Secretary, in cooperation with 
     the Administrator of General Services, shall advise all 
     agencies or departments holding a contract, grant, or 
     cooperative agreement with the employer of the Government's 
     intention to debar the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of not more than 2 years.
       ``(C) Waiver.--After consideration of the views of all 
     agencies or departments that

[[Page S8551]]

     hold a contract, grant, or cooperative agreement with the 
     employer, the Secretary may, in lieu of debarring the 
     employer from the receipt of new Federal contracts, grants, 
     or cooperative agreements for a period of nor more than 2 
     years, waive operation of this subsection, limit the duration 
     or scope of the debarment, or may refer to an appropriate 
     lead agency the decision of whether to debar the employer, 
     for what duration, and under what scope in accordance with 
     the procedures and standards prescribed by the Federal 
     Acquisition Regulation. However, any proposed debarment 
     predicated on an administrative determination of liability 
     for civil penalty by the Secretary or the Attorney General 
     shall not be reviewable in any debarment proceeding.
       ``(3) Suspension.--Indictments for violations of this 
     section or adequate evidence of actions that could form the 
     basis for debarment under this subsection shall be considered 
     a cause for suspension under the procedures and standards for 
     suspension prescribed by the Federal Acquisition Regulation.
       ``(4) Determination of repeat violators.--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.
       ``(j) Miscellaneous Provisions.--
       ``(1) Documentation.--In providing documentation or 
     endorsement of authorization of aliens eligible to be 
     employed in the United States, the Secretary shall provide 
     that any limitations with respect to the period or type of 
     employment or employer shall be conspicuously stated on the 
     documentation or endorsement (other than aliens lawfully 
     admitted for permanent residence).
       ``(2) Preemption.--The provisions of this section preempt 
     any State or local law--
       ``(A) imposing civil or criminal sanctions upon those who 
     hire, or recruit or refer for a fee, unauthorized aliens for 
     employment; or
       ``(B) requiring the use of the System for any unauthorized 
     purpose, or any authorized purpose prior to the time such use 
     is required or permitted by Federal law.
       ``(k) 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.
       ``(l) Definitions.--In this section:
       ``(1) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(2) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary under any other provision of law.''.
       (b) Conforming Amendments.--
       (1) Amendments.--
       (A) Repeal of basic pilot.--Sections 401, 402, 403, 404, 
     and 405 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note) are repealed.
       (B) Repeal of reporting requirements.--
       (i) Report on earnings of aliens not authorized to work.--
     Subsection (c) of section 290 of the Immigration and 
     Nationality Act (8 U.S.C. 1360) is repealed.
       (ii) Report on fraudulent use of social security account 
     numbers.--Subsection (b) of section 414 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1360 note) is 
     repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under sections 401, 
     402, 403, 404, and 405 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note) in the Electronic 
     Employment Verification System established pursuant to such 
     subsection (d).
       (c) Technical Amendments.--
       (1) Definition of unauthorized alien.--Sections 218(i)(1) 
     (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
     274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) 
     (8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' 
     and inserting ``274A''.
       (2) Document requirements.--Section 274B of the Immigration 
     and Nationality Act (8 U.S.C. 1324b) is amended--
       (A) in subsections (a)(6) and (g)(2)(B), by striking 
     ``274A(b)'' and inserting ``274A(c) and (d)''; and
       (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' 
     and inserting ``274A(c)''.
       (d) Amendments to the Social Security Act.--
       (1) EEVS determinations.--Section 205(c)(2) of the Social 
     Security Act (42 U.S.C. 405(c)(2)) is amended by adding at 
     the end the following:
       ``(I)(i) The Commissioner of Social Security shall, subject 
     to the provisions of section _01(f)(2) of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007, 
     establish a reliable, secure method to provide through the 
     Electronic Employment Verification System established 
     pursuant to subsection (d) of section 274A of the Immigration 
     and Nationality Act (referred to in this subparagraph as the 
     `System'), within the time periods required by paragraph (8) 
     of such subsection--
       ``(I) a determination of whether the name, date of birth, 
     and social security account number of an individual provided 
     in an inquiry made to the System by an employer is consistent 
     with such information maintained by the Commissioner;
       ``(II) a determination of the citizenship status associated 
     with such name and social security account number, according 
     to the records maintained by the Commissioner;
       ``(III) a determination of whether the name and number 
     belongs to an individual who is deceased, according to the 
     records maintained by the Commissioner;
       ``(IV) a determination of whether the name and number is 
     blocked in accordance with clause (ii); and
       ``(V) a confirmation notice or a nonconfirmation notice 
     described in such paragraph (8), in a manner that ensures 
     that other information maintained by the Commissioner is not 
     disclosed or released to employers through the System.
       ``(ii) The Commissioner of Social Security shall prevent 
     the fraudulent or other misuse of a social security account 
     number by establishing procedures under which an individual 
     who has been assigned a social security account number may 
     block the use of such number under the System and remove such 
     block.
       ``(J) In assigning social security account numbers to 
     aliens who are authorized to work in the United States under 
     section 218A of the Immigration and Nationality Act, the 
     Commissioner of Social Security shall--
       ``(i) to the maximum extent practicable, assign such 
     numbers by employing the enumeration procedure administered 
     jointly by the Commissioner, the Secretary of State, and the 
     Secretary of Homeland Security;
       ``(ii) in all cases, record, verify, and maintain an 
     electronic record of the alien identification or 
     authorization number issued by the Secretary and utilized by 
     the Commissioner in assigning such social security account 
     number; and
       ``(iii) upon the issuance of a social security account 
     number, transmit such number to the Secretary of Homeland 
     Security for inclusion in such alien's record maintained by 
     the Secretary.''.
       (2) Agreement.--Section 205(c)(2)(C)(i) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(C)(i)) is amended by adding 
     at the end the following: ``Any State that utilizes a social 
     security account number for such purpose shall enter into an 
     agreement with the Commissioner to allow the Commissioner to 
     verify the name, date of birth, and the identity number 
     issued by the official the State responsible for issuing 
     drivers' licenses and identity cards. Such agreement shall be 
     under the same terms and conditions as agreements entered 
     into by the Commissioner under paragraph 205(r)(8).''.
       (3) Disclosure of death information.--Section 205(r) of the 
     Social Security Act (42 U.S.C. 405(r)) is amended by adding 
     at the end the following:
       ``(9) Notwithstanding this section or any agreement entered 
     into thereunder, the Commissioner of Social Security is 
     authorized to disclose death information to the Secretary of 
     Homeland Security to the extent necessary to carry out the 
     responsibilities required under subsection (c)(2) and section 
     6103(l)(21) of the Internal Revenue Code of 1986.''.
       (e) Disclosure of Certain Taxpayer Identity Information.--
       (1) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following:
       ``(21) Disclosure of certain taxpayer identity information 
     by the social security administration to the department of 
     homeland security.--
       ``(A) In general.--Upon written request by the Secretary of 
     Homeland Security, the Commissioner of Social Security or the 
     Secretary shall disclose directly to officers, employees, and 
     contractors of the Department of Homeland Security the 
     following information:
       ``(i) Disclosure of employer no match notices.--The 
     taxpayer identity of each person who has filed an information 
     return required by reason of section 6051 or section 6041(a) 
     for tax year 2005 and subsequent tax years that end before 
     the date that is specified in subparagraph (F) which 
     contains--

       ``(I) 1 (or any greater number the Secretary shall request) 
     name and taxpayer identifying number of any employee (within 
     the meaning of section 6051) or any recipient (within the 
     meaning of section 6041(a)) that could not be matched to the 
     records maintained by the Commissioner of Social Security, or
       ``(II) 2 (or any greater number the Secretary shall 
     request) names of employees (within the meaning of such 
     section) or recipients (within the meaning of section 
     6041(a)) with the same taxpayer identifying number,

     and the taxpayer identity of each such employee or recipient.
       ``(ii) Disclosure of information regarding use of duplicate 
     taxpayer identifying information of employees.--The taxpayer 
     identity of each person who has filed an information return 
     required by reason of section 6051 or section 6041(a) for tax 
     year 2005 and subsequent tax years that end before the date 
     that is specified in subparagraph (F) which contains the 
     taxpayer identifying number (assigned under section 6109) of 
     an employee (within the meaning of section 6051) or a 
     recipient (within the meaning of section 6041(a))--

[[Page S8552]]

       ``(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 a 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,
       ``(IV) who is not authorized to work in the United States, 
     according to the records so maintained, or
       ``(V) who is not a national of the United States, according 
     to the records so maintained,

     and the taxpayer identity of each such employee or recipient.
       ``(iii) Disclosure of information regarding 
     nonparticipating employers.--The taxpayer identity of each 
     person who has filed an information return required by reason 
     of section 6051 or section 6041(a) which the Commissioner of 
     Social Security or the Secretary, as the case may be, has 
     reason to believe, based on a comparison with information 
     submitted by the Secretary of Homeland Security, contains 
     evidence of such person's failure to register and participate 
     in the Electronic Employment Verification System authorized 
     under section 274A(d) of the Immigration and Nationality Act 
     (hereafter in this paragraph referred to as the `System').
       ``(iv) Disclosure of information regarding new employees of 
     nonparticipating employers.--The taxpayer identity of all 
     employees (within the meaning of section 6051) hired and 
     recipients (within the meaning of section 6041(a)) retained 
     after the date a person identified in clause (iii) is 
     required to participate in the System under section 
     274A(d)(2) or section 274A(d)(3)(B) of the Immigration and 
     Nationality Act.
       ``(v) Disclosure of information regarding employees of 
     certain designated employers.--The taxpayer identity of all 
     employees (within the meaning of section 6051) and recipients 
     (within the meaning of section 6041(a)) of each person who is 
     required to participate in the System under section 
     274A(d)(3)(B) of the Immigration and Nationality Act.
       ``(vi) Disclosure of new hire taxpayer identity 
     information.--The taxpayer identity of each person 
     participating in the System and the taxpayer identity of all 
     employees (within the meaning of section 6051) of such person 
     hired and all recipients (within the meaning of section 
     6041(a)) of such person retained during the period beginning 
     with the later of--

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

     ending with the date of the most recent request under this 
     clause.
       ``(B) Restriction on disclosure.--The taxpayer identities 
     disclosed under subparagraph (A) may be used by officers, 
     employees, and contractors of the Department of Homeland 
     Security only for purposes of, and to the extent necessary 
     in--
       ``(i) preventing identity fraud;
       ``(ii) preventing unauthorized aliens from obtaining 
     employment in the United States;
       ``(iii) establishing and enforcing employer participation 
     in the System;
       ``(iv) carrying out, including through civil administrative 
     and civil judicial proceedings, of sections 212, 217, 235, 
     237, 238, 274A, 274B, and 274C of the Immigration and 
     Nationality Act; and
       ``(v) the civil operation of the Alien Terrorist Removal 
     Court.
       ``(C) Reimbursement.--The Commissioner of Social Security 
     and the Secretary shall prescribe a reasonable fee schedule 
     based on the additional costs directly incurred for 
     furnishing taxpayer identities under this paragraph and 
     collect such fees in advance from the Secretary of Homeland 
     Security.
       ``(D) Information returns under section 6041.--For purposes 
     of this paragraph, any reference to information returns 
     required by reason of section 6041(a) shall only be a 
     reference to such information returns relating to payments 
     for labor.
       ``(E) Form of disclosure.--The taxpayer identities to be 
     disclosed under paragraph (A) shall be provided in a form 
     agreed upon by the Commissioner of Social Security, the 
     Secretary, and the Secretary of Homeland Security.
       ``(F) Termination.--This paragraph shall not apply to any 
     request made after the date which is 5 years after the date 
     of the enactment of this paragraph.''.
       (2) Compliance by dhs contractors with confidentiality 
     safeguards.--Section 6103(p) of such Code is amended by 
     adding at the end the following:
       ``(9) Disclosure to dhs contractors.--Notwithstanding any 
     other provision of this section, no return or return 
     information shall be disclosed to any contractor of the 
     Department of Homeland Security unless such Department, to 
     the satisfaction of the Secretary--
       ``(A) has requirements in effect which require each such 
     contractor which would have access to returns or return 
     information to provide safeguards (within the meaning of 
     paragraph (4)) to protect the confidentiality of such returns 
     or return information,
       ``(B) agrees to conduct an on-site review every 3 years 
     (midpoint review in the case of contracts or agreements of 
     less than 3 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, by submitting the name and address of each 
     contractor, a description of the contract or agreement with 
     such contractor, and the duration of such contract or 
     agreement.''.
       (3) Conforming amendments.--
       (A) Section 6103(a)(3) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (B) Section 6103(p)(3)(A) of such Code is amended by adding 
     at the end the following new sentence: ``The Commissioner of 
     Social Security shall provide to the Secretary such 
     information as the Secretary may require in carrying out this 
     paragraph with respect to return information inspected or 
     disclosed under the authority of subsection (l)(21).''.
       (C) Section 6103(p)(4) of such Code is amended--
       (i) by striking ``or (17)'' both places it appears and 
     inserting ``(17), or (21)''; and
       (ii) by striking ``or (20)'' each place it appears and 
     inserting ``(20), or (21)''.
       (D) Section 6103(p)(8)(B) of such Code is amended by 
     inserting ``or paragraph (9)'' after ``subparagraph (A)''.
       (E) Section 7213(a)(2) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary such sums as are necessary to carry out the 
     amendments made by this section.
       (2) Limitation on verification responsibilities of 
     commissioner of social security.--The Commissioner of Social 
     Security is authorized to perform activities with respect to 
     carrying out the Commissioner's responsibilities in this 
     title or the amendments made by this title, but only to the 
     extent funds are appropriated, in advance, to cover the 
     Commissioner's full costs in carrying out such 
     responsibilities. In no case shall funds from the Federal 
     Old-Age and Survivors Insurance Trust Fund or the Federal 
     Disability Insurance Trust Fund be used to carry out such 
     responsibilities.
       (g) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), (c), and (d) shall take effect on the date of the 
     enactment of this Act.
       (2) Subsection (e).--
       (A) In general.--The amendments made by subsection (e) 
     shall apply to disclosures made after the date of the 
     enactment of this Act.
       (B) Certifications.--The first certification under section 
     6103(p)(9)(D) of the Internal Revenue Code of 1986, as added 
     by subsection (e)(2), shall be made with respect to calendar 
     year 2008.

     SEC. _03. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION 
                   AGENTS.

       (a) Increase in Number of Personnel.--The Secretary shall, 
     subject to the availability of appropriations for such 
     purpose, annually increase, by not less than 2,200, the 
     number of United States Immigration and Customs Enforcement 
     personnel during the 5-year period beginning on the date of 
     the enactment of this Act.
       (b) Use of Personnel.--The Secretary shall ensure that not 
     less than 25 percent of all the hours expended by United 
     States Immigration and Customs Enforcement personnel is used 
     to enforce compliance with sections 274A and 274C of the 
     Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2008 through 2012 such sums as may be necessary to 
     carry out this section.

     SEC. _04. CLARIFICATION OF INELIGIBILITY FOR 
                   MISREPRESENTATION.

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

     SEC. _05. ANTIDISCRIMINATION PROTECTIONS.

       (a) Application of Prohibition of Discrimination to 
     Verification System.--Section 274B(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1324b(a)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``, the verification of the individual's work authorization 
     through the Electronic Employment Verification System 
     described in section 274A(d),'' after ``the individual for 
     employment''; and
       (B) in subparagraph (B), by striking ``in the case of a 
     protected individual (as defined in paragraph (3)),''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Antidiscrimination requirements of the electronic 
     employment verification system.--
       ``(A) In general.--It is an unfair immigration-related 
     employment practice for a person or other entity, in the 
     course of the electronic verification process described in 
     section 274A(d)--
       ``(i) to terminate or undertake any adverse employment 
     action due to a tentative nonconfirmation;
       ``(ii) to use the verification system for screening of an 
     applicant prior to an offer of employment;

[[Page S8553]]

       ``(iii) except as described in section 274A(d)(3)(B), to 
     use the verification system for a current employee after the 
     first day of employment, unless a waiver is provided by the 
     Secretary of Homeland Security for good cause, or for the 
     reverification of an employee after the employee has 
     satisfied the process described in section 274A(d); or
       ``(iv) to require an individual to make an inquiry under 
     the self-verification procedures established in section 
     274A(d)(8)(E)(iii).
       ``(B) Preemployment screening and background check.--
     Nothing in subparagraph (A) shall be construed to preclude a 
     preemployment screening or background check that is required 
     or permitted under any other provision of law.''.
       (b) Increase in Civil Money Penalties.--Section 274B(g)(2) 
     of the Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)) 
     is amended in subparagraph (B)(iv)--
       (1) in subclause (I), by striking ``$250 and not more than 
     $2,000'' and inserting ``$1,000 and not more than $4,000'';
       (2) in subclause (II), by striking ``$2,000 and not more 
     than $5,000'' and inserting ``$4,000 and not more than 
     $10,000'';
       (3) in subclause (III), by striking ``$3,000 and not more 
     than $10,000'' and inserting ``$6,000 and not more than 
     $20,000''; and
       (4) in subclause (IV), by striking ``$100 and not more than 
     $1,000'' and inserting ``$500 and not more than $5,000''.
       (c) Increased Funding of Information Campaign.--Section 
     274B(l)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1324b(l)(3)) is amended by inserting ``and an additional 
     $40,000,000 for each of fiscal years 2008 through 2010'' 
     before the period at the end.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to violations occurring on or after such 
     date.

     SEC. __. DISTRICT JUDGES FOR THE DISTRICT COURTS IN BORDER 
                   STATES.

       (a) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (1) 4 additional district judges for the district of 
     Arizona;
       (2) 4 additional district judges for the central district 
     of California;
       (3) 4 additional district judges for the eastern of 
     California;
       (4) 2 additional district judges for the northern district 
     of California;
       (5) 4 additional district judges for the middle district of 
     Florida;
       (6) 2 additional district judges for the southern district 
     of Florida;
       (7) 1 additional district judge for the district of 
     Minnesota;
       (8) 1 additional district judge for the district of New 
     Mexico;
       (9) 3 additional district judges for the eastern district 
     of New York;
       (10) 1 additional district judge for the western district 
     of New York;
       (11) 1 additional district judge for the eastern district 
     of Texas;
       (12) 2 additional district judges for the southern district 
     of Texas;
       (13) 1 additional district judge for the western district 
     of Texas; and
       (14) 1 additional district judge for the western district 
     of Washington.
       (b) Temporary Judgeships.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 1 additional district judge for the district of 
     Arizona;
       (B) 1 additional district judge for the central district of 
     California;
       (C) 1 additional district judge for the northern district 
     of California;
       (D) 1 additional district judge for the middle district of 
     Florida;
       (E) 1 additional district judge for the southern district 
     of Florida;
       (F) 1 additional district judge for the district of Idaho; 
     and
       (G) 1 additional district judge for the district of New 
     Mexico.
       (2) Vacancies.--For each of the judicial districts named in 
     this subsection, the first vacancy arising on the district 
     court 10 years or more after a judge is first confirmed to 
     fill the temporary district judgeship created in that 
     district by this subsection shall not be filled.
       (c) Existing Judgeships.--The existing judgeships for the 
     district of Arizona and the district of New Mexico authorized 
     by section 312(c) of the 21st Century Department of Justice 
     Appropriations Authorization Act (Public Law 107-273, 116 
     Stat. 1758), as of the effective date of this Act, shall be 
     authorized under section 133 of title 28, United States Code, 
     and the incumbents in those offices shall hold the office 
     under section 133 of title 28, United States Code, as amended 
     by this Act.
       (d) Tables.--In order that the table contained in section 
     133 of title 28, United States Code, will, with respect to 
     each judicial district, reflect the changes in the total 
     number of permanent district judgeships authorized as a 
     result of subsections (a) and (c), such table is amended to 
     read as follows:


------------------------------------------------------------------------
                         ``Districts                             Judges
------------------------------------------------------------------------
Alabama:
  Northern...................................................          7
  Middle.....................................................          3
  Southern...................................................          3
Alaska.......................................................          3
Arizona......................................................         17
Arkansas:
  Eastern....................................................          5
  Western....................................................          3
California:
  Northern...................................................         16
  Eastern....................................................         10
  Central....................................................         31
  Southern...................................................         13
Colorado.....................................................          7
Connecticut..................................................          8
Delaware.....................................................          4
District of Columbia.........................................         15
Florida:
  Northern...................................................          4
  Middle.....................................................         19
  Southern...................................................         19
Georgia:
  Northern...................................................         11
  Middle.....................................................          4
  Southern...................................................          3
Hawaii.......................................................          3
Idaho........................................................          2
Illinois:
  Northern...................................................         22
  Central....................................................          4
  Southern...................................................          4
Indiana:
  Northern...................................................          5
  Southern...................................................          5
Iowa:
  Northern...................................................          2
  Southern...................................................          3
Kansas.......................................................          5
Kentucky:
  Eastern....................................................          5
  Western....................................................          4
  Eastern and Western........................................          1
Louisiana:
  Eastern....................................................         12
  Middle.....................................................          3
  Western....................................................          7
Maine........................................................          3
Maryland.....................................................         10
Massachusetts................................................         13
Michigan:
  Eastern....................................................         15
  Western....................................................          4
Minnesota....................................................          8
Mississippi:
  Northern...................................................          3
  Southern...................................................          6
Missouri:
  Eastern....................................................          6
  Western....................................................          5
  Eastern and Western........................................          2
Montana......................................................          3
Nebraska.....................................................          3
Nevada.......................................................          7
New Hampshire................................................          3
New Jersey...................................................         17
New Mexico...................................................          8
New York:
  Northern...................................................          5
  Southern...................................................         28
  Eastern....................................................         18
  Western....................................................          5
North Carolina:
  Eastern....................................................          4
  Middle.....................................................          4
  Western....................................................          4
North Dakota.................................................          2
Ohio:
  Northern...................................................         11
  Southern...................................................          8
Oklahoma:
  Northern...................................................          3
  Eastern....................................................          1
  Western....................................................          6
  Northern, Eastern, and Western.............................          1
Oregon.......................................................          6
Pennsylvania:
  Eastern....................................................         22
  Middle.....................................................          6
  Western....................................................         10
Puerto Rico..................................................          7
Rhode Island.................................................          3
South Carolina...............................................         10
South Dakota.................................................          3
Tennessee:
  Eastern....................................................          5
  Middle.....................................................          4
  Western....................................................          5
Texas:
  Northern...................................................         12
  Southern...................................................         21
  Eastern....................................................          8
  Western....................................................         14
Utah.........................................................          5
Vermont......................................................          2
Virginia:
  Eastern....................................................         11
  Western....................................................          4
Washington:
  Eastern....................................................          4
  Western....................................................          8
West Virginia:
  Northern...................................................          3
  Southern...................................................          5
Wisconsin:
  Eastern....................................................          5
  Western....................................................          2
Wyoming......................................................      3.''.
------------------------------------------------------------------------

       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to provide 
     appropriate space and facilities for the judicial positions 
     created under this section.
       (f) Funding.--Notwithstanding any other provision of law, 
     the Attorney General shall transfer, for each of the fiscal 
     years 2008 through 2017, $8,000,000 from the Department of 
     Justice Assets Forfeiture Fund to the general fund of the 
     Treasury to carry out this section.

     SEC. __. TRANSMITTAL AND APPROVAL OF TOTALIZATION AGREEMENTS.

       (a) In General.--Section 233(e) of the Social Security Act 
     (42 U.S.C. 433(e)) is amended to read as follows:

[[Page S8554]]

       ``(e)(1) Any agreement to establish a totalization 
     arrangement which is entered into with another country under 
     this section shall enter into force with respect to the 
     United States if (and only if)--
       ``(A) the President, at least 90 calendar days before the 
     date on which the President enters into the agreement, 
     notifies each House of Congress of the President's intention 
     to enter into the agreement, and promptly thereafter 
     publishes notice of such intention in the Federal Register,
       ``(B) the President transmits the text of such agreement to 
     each House of Congress as provided in paragraph (2), and
       ``(C) an approval resolution regarding such agreement has 
     passed both Houses of Congress and has been enacted into law.
       ``(2)(A) Whenever an agreement referred to in paragraph (1) 
     is entered into, the President shall transmit to each House 
     of Congress a document setting forth the final legal text of 
     such agreement and including a report by the President in 
     support of such agreement. The President's report shall 
     include the following:
       ``(i) An estimate by the Chief Actuary of the Social 
     Security Administration of the effect of the agreement, in 
     the short term and in the long term, on the receipts and 
     disbursements under the social security system established by 
     this title.
       ``(ii) A statement of any administrative action proposed to 
     implement the agreement and how such action will change or 
     affect existing law.
       ``(iii) A statement describing whether and how the 
     agreement changes provisions of an agreement previously 
     negotiated.
       ``(iv) A statement describing how and to what extent the 
     agreement makes progress in achieving the purposes, policies, 
     and objectives of this title.
       ``(v) An estimate by the Chief Actuary of the Social 
     Security Administration, working in consultation with the 
     Comptroller General of the United States, of the number of 
     individuals who may become eligible for any benefits under 
     this title or who may otherwise be affected by the agreement.
       ``(vi) An assessment of the integrity of the retirement 
     data and records (including birth, death, and marriage 
     records) of the other country that is the subject of the 
     agreement.
       ``(vii) An assessment of the ability of such country to 
     track and monitor recipients of benefits under such 
     agreement.
       ``(B) If any separate agreement or other understanding with 
     another country (whether oral or in writing) relating to an 
     agreement to establish a totalization arrangement under this 
     section is not disclosed to Congress in the transmittal to 
     Congress under this paragraph of the agreement to establish a 
     totalization arrangement, then such separate agreement or 
     understanding shall not be considered to be part of the 
     agreement approved by Congress under this section and shall 
     have no force and effect under United States law.
       ``(3) For purposes of this subsection, the term `approval 
     resolution' means a joint resolution, the matter after the 
     resolving clause of which is as follows: `That the proposed 
     agreement entered into pursuant to section 233 of the Social 
     Security Act between the United States and _______ 
     establishing totalization arrangements between the social 
     security system established by title II of such Act and the 
     social security system of _______, transmitted to Congress by 
     the President on ______, is hereby approved.', the first two 
     blanks therein being filled with the name of the country with 
     which the United States entered into the agreement, and the 
     third blank therein being filled with the date of the 
     transmittal of the agreement to Congress.
       ``(4) Whenever a document setting forth an agreement 
     entered into under this section and the President's report in 
     support of the agreement is transmitted to Congress pursuant 
     to paragraph (2), copies of such document shall be delivered 
     to both Houses of Congress on the same day and shall be 
     delivered to the Clerk of the House of Representatives if the 
     House is not in session and to the Secretary of the Senate if 
     the Senate is not in session.
       ``(5) On the day on which a document setting forth the 
     agreement is transmitted to the House of Representatives and 
     the Senate pursuant to paragraph (1), an approval resolution 
     with respect to such agreement shall be introduced (by 
     request) in the House by the majority leader of the House, 
     for himself or herself and the minority leader of the House, 
     or by Members of the House designated by the majority leader 
     and minority leader of the House; and shall be introduced (by 
     request) in the Senate by the majority leader of the Senate, 
     for himself or herself and the minority leader of the Senate, 
     or by Members of the Senate designated by the majority leader 
     and minority leader of the Senate. If either House is not in 
     session on the day on which such an agreement is transmitted, 
     the approval resolution with respect to such agreement shall 
     be introduced in that House, as provided in the preceding 
     sentence, on the first day thereafter on which that House is 
     in session. The resolution introduced in the House of 
     Representatives shall be referred to the Committee on Ways 
     and Means and the resolution introduced in the Senate shall 
     be referred to the Committee on Finance.''.
       (b) Additional Reports and Evaluations.--Section 233 of the 
     Social Security Act (42 U.S.C. 433) is amended by adding at 
     the end the following new subsections:
       ``(f) Biennial SSA Report on Impact of Totalization 
     Agreements.--
       ``(1) Report.--For any totalization agreement transmitted 
     to Congress on or after January 1, 2007, the Commissioner of 
     Social Security shall submit a report to Congress and the 
     Comptroller General that--
       ``(A) compares the estimates contained in the report 
     submitted to Congress under clauses (i) and (v) of subsection 
     (e)(2)(A) with respect to that agreement with the actual 
     number of individuals affected by the agreement and the 
     actual effect of the agreement on social security system 
     receipts and disbursements; and
       ``(B) contains recommendations for adjusting the methods 
     used to make the estimates.
       ``(2) Dates for submission.--The report required under this 
     subsection shall be provided not later than 2 years after the 
     effective date of the totalization agreement that is the 
     subject of the report and biennially thereafter.
       ``(g) GAO Evaluation and Report.--
       ``(1) Evaluation of initial report on impact of 
     totalization agreements.--With respect to each initial report 
     regarding a totalization agreement submitted under subsection 
     (f), the Comptroller General of the United States shall 
     conduct an evaluation of the report that includes--
       ``(A) an evaluation of the procedures used for making the 
     estimates required by subsection (e)(2)(A);
       ``(B) an evaluation of the procedures used for determining 
     the actual number of individuals affected by the agreement 
     and the effects of the totalization agreement on receipts and 
     disbursements under the social security system; and
       ``(C) such recommendations as the Comptroller General 
     determines appropriate.
       ``(2) Report.--Not later than 1 year after the date of 
     submission of an initial report regarding a totalization 
     agreement under subsection (f), the Comptroller General shall 
     submit to Congress a report setting forth the results of the 
     evaluation conducted under paragraph (1).
       ``(3) Data collection.--The Commissioner of Social Security 
     shall collect and maintain the data necessary for the 
     Comptroller General of the United States to conduct the 
     evaluation required by paragraph (1).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to agreements establishing 
     totalization arrangements entered into under section 233 of 
     the Social Security Act that are transmitted to Congress on 
     or after January 1, 2007.

     SEC. __. IMMIGRATION ENFORCEMENT IMPROVEMENTS.

       (a) Visa Exit Tracking System.--In addition to the border 
     security and other measures described in paragraphs (1) 
     through (6) of section 1(a), the certification required under 
     section 1(a) shall include a statement that the Secretary of 
     Homeland Security has established and deployed a system 
     capable of recording the departure of aliens admitted under 
     section 101(a)(15)(Y) of the Immigration and Nationality Act 
     at designated ports of entry or designated United States 
     consulates abroad.
       (b) Prompt Removal Proceedings.--Subject to the 
     availability of appropriations, the Secretary of Homeland 
     Security shall promptly identify, investigate, and initiate 
     removal proceedings against every alien admitted into the 
     United States under subparagraph (B) (admitted under the 
     terms and conditions of section 214(s)), (H)(ii) (as amended 
     by title IV), or (Y) of section 101(a)(15) of the Immigration 
     and Nationality Act, and who exceeds the alien's period of 
     authorized admission or otherwise violates any terms of the 
     alien's nonimmigrant status. In conducting such removal 
     proceedings, the Secretary shall give priority to aliens who 
     may pose a threat to the national security, and those 
     convicted of criminal offenses.
       (c) Report to Governors.--
       (1) In general.--Not later than 90 days before the 
     Secretary of Homeland Security submits a written 
     certification under section 1(a), the Secretary shall submit 
     a report to the governors of the States that share a land 
     border with Mexico that--
       (A) describes the progress made in establishing, funding, 
     and implementing the border security and other measures 
     described in subsection (a) and section 1(a); and
       (B) indicates the date on which the Secretary intends to 
     submit a written certification under subsection (a) and 
     section 1(a).
       (2) Governor's response.--Not later than 60 days after 
     receiving a report from the Secretary under paragraph (1), a 
     governor may submit a report to Congress that--
       (A) analyzes the accuracy of the information received by 
     the Secretary;
       (B) indicates whether the governor agrees with the 
     Secretary that the border security and other measures 
     described in subsection (a) and section 1(a) will be 
     established, funded, and operational before the Secretary's 
     certification is submitted; and
       (C) makes recommendations regarding new border enforcement 
     policies, strategies, and additional programs needed to 
     secure the border.
       (3) Consultation.--The Secretary shall consult with any 
     governor who submits a report under subsection (2) before 
     submitting written certification under section 1(a).
       (d) Smuggling Investigators and ICE Personnel.--
       (1) Increase in full-time united states immigration and 
     customs enforcement personnel.--In each of the fiscal years 
     2008 through 2012, the Secretary of Homeland Security shall, 
     subject to the availability of appropriations, increase by 
     not less than 1,250

[[Page S8555]]

     the number of positions for full-time active duty forensic 
     auditors, intelligence research specialists, agents, 
     officers, and investigators in United States Immigration and 
     Customs Enforcement--
       (A) to carry out the removal of aliens who are not 
     admissible to, or are subject to removal from, the United 
     States;
       (B) to investigate immigration fraud; and
       (C) to enforce workplace violations.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (3) Conforming amendment.--Section 5203 of the Intelligence 
     Reform and Terrorism Protection Act of 2004 (Public Law 108-
     458; 118 Stat. 3734) is repealed.
       (e) Collection of Biometric Data From Aliens Entering and 
     Departing the United States.--Section 215 of the Immigration 
     and Nationality Act, as amended by section 111(a), is further 
     amended--
       (1) by redesignating subsections (d), (e), (f), and (g) as 
     subsections (e), (f), (g), and (h), respectively; and
       (2) by striking subsection (c), as added by section 
     111(a)(3), and inserting the following:
       ``(c) Collection of Biometric Data From Aliens Entering and 
     Departing the United States.--The Secretary of Homeland 
     Security shall require an alien entering and departing the 
     United States to provide biometric data and other information 
     relating to the alien's immigration status.
       ``(d) Collection of Departure Data From Certain 
     Nonimmigrants.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     require an alien who was admitted to the United States under 
     subparagraph (B) (under the terms and conditions of section 
     214(s)), (H)(ii), or (Y) of section 101(a)(15) to record the 
     alien's departure at a designated port of entry or at a 
     designated United States consulate abroad.
       ``(2) Failure to record departure.--If an alien does not 
     record the alien's departure as required under paragraph (1), 
     the Secretary, not later than 48 hours after the expiration 
     of the alien's period of authorized admission, shall enter 
     the name of the alien into a database of the Department of 
     Homeland Security as having overstayed the alien's period of 
     authorized admission.
       ``(3) Information sharing with law enforcement agencies.--
     Consistent with the authority of State and local police to 
     assist the Federal Government in the enforcement of Federal 
     immigration laws, the information in the database described 
     in paragraph (2) shall be made available to State and local 
     law enforcement agencies pursuant to the provisions of 
     section 240D.''.
       (f) Effective Date of Aggravated Felony Section.--
       (1) In general.--Notwithstanding section 203(b), and except 
     as provided under paragraph (2), the amendments made by 
     section 203(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 with respect to convictions for sexual 
     abuse of a minor.--Notwithstanding paragraph (1), the 
     amendment made by section 203(a)(2) related to the sexual 
     abuse of a minor shall apply to any conviction for sexual 
     abuse of a minor that occurred before, on, or after the date 
     of the enactment of this Act.
       (3) Application of iiraira amendments.--In accordance with 
     section 203(b)(2) of this Act, 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; 
     11 Stat. 3009-627) shall continue to apply, whether the 
     conviction was entered before, on, or after September 30, 
     1996.
       (g) Increased Criminal Penalties Related to Drunk 
     Driving.--
       (1) Inadmissibility.--Section 212(a)(2)(K) of the 
     Immigration and Nationality Act, as added by section 
     205(a)(1), is amended by inserting ``or 2 convictions for 
     driving under the influence under Federal or State law,'' 
     after ``imprisonment,''.
       (2) Deportability.--Section 237(a)(2)(F) of the Immigration 
     and Nationality Act, as added by section 205(a)(2), is 
     amended by inserting ``or 2 convictions for driving under the 
     influence under Federal or State law,'' after 
     ``imprisonment,''.
       (h) Definition of Criminal Gang.--Section 101(a)(52)(B)(iv) 
     of the Immigration and Nationality Act, as added by section 
     204(a), is amended by striking ``which is punishable by a 
     sentence of imprisonment of 5 years or more,''.
       (i) Aliens Associated With Criminal Gangs.--
       (1) Inadmissibility.--Section 212(a)(2)(F) of the 
     Immigration and Nationality Act, as added by section 204(b), 
     is amended to read as follows:
       ``(F) Aliens associated with criminal gangs.--
       ``(i) In general.--An alien is inadmissible if--

       ``(I) a consular officer, the Secretary of Homeland 
     Security, or the Attorney General knows, or has reason to 
     believe, that the alien is a member of a criminal gang; or
       ``(II) a consular officer, the Secretary of Homeland 
     Security, or the Attorney General knows or has reason to 
     believe that the alien has participated in the activities of 
     a criminal gang, knowing or having reason to know that such 
     activities would promote, further, aid, or support the 
     illegal activity of the criminal gang.

       ``(ii) Waiver.--The Secretary of Homeland Security or the 
     Attorney General may, in the discretion of the Secretary or 
     the Attorney General, as appropriate, waive an alien's 
     inadmissibility under clause (i).''.
       (2) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act, as added by section 204(c), is amended 
     to read as follows:
       ``(F) Aliens associated with criminal gangs.--
       ``(i) In general.--An alien is deportable if--

       ``(I) there is a preponderance of the evidence to believe 
     the alien is a member of a criminal gang; or
       ``(II) there is reasonable ground to believe the alien has 
     participated in the activities of a criminal gang, knowing or 
     having reason to know that such activities would promote, 
     further, aid, or support the illegal activity of the criminal 
     gang.

       ``(ii) Waiver.--The Secretary of Homeland Security or the 
     Attorney General may, in the discretion of the Secretary or 
     the Attorney General, as appropriate, waive an alien's 
     deportability under clause (i).''.
       (j) Temporary Protected Status.--Section 244(c)(2)(B) of 
     the Immigration and Nationality Act, as amended by section 
     204(d), is further amended--
       (1) in clause (ii), by striking ``or'' at the end and 
     inserting a semicolon;
       (2) in clause (iii), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iv) the alien is a member of a criminal gang.''.
       (k) Effective Date.--Notwithstanding any other provision of 
     this Act, the amendments made by subsections (i) and (j) of 
     this section and subsections (b), (c), and (d) of section 204 
     shall apply to--
       (1) all aliens required to establish admissibility on or 
     after such date of enactment; and
       (2) all aliens in removal, deportation, or exclusion 
     proceedings that are filed, pending, or reopened, on or after 
     such date of enactment.
       (l) Detention Pending Deportation of Aliens Who Overstay.--
     Section 236 of the Immigration and Nationality Act (8 U.S.C. 
     1226)is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Detention of Aliens Who Exceed the Alien's Period of 
     Authorized Admission.--
       ``(1) Custody.--An alien shall be arrested and detained by 
     the Secretary of Homeland Security pending a decision on 
     whether the alien is to be removed from the United States for 
     willfully exceeding, by 60 days or more, the period of the 
     alien's authorized admission or parole into the United 
     States.
       ``(2) Waiver.--The Secretary of Homeland Security may waive 
     the application of paragraph (1) if the Secretary determines 
     that the alien exceeded the alien's period of authorized 
     admission or parole as a result of exceptional circumstances 
     beyond the control of the alien or the Secretary determines a 
     waiver is necessary for humanitarian purposes.''.

     SEC. __. WORKSITE ENFORCEMENT.

       (a) Notification of Expiration of Admission.--
     Notwithstanding any other provision of this Act, an employer 
     or educational institution shall notify an alien in writing 
     of the expiration of the alien's period of authorized 
     admission not later than 14 days before such eligibility 
     expires.
       (b) Unlawful Employment of Aliens.--
       (1) In general.--Section 274A(a) of the Immigration and 
     Nationality Act, as amended by section 302(a), is further 
     amended--
       (A) in paragraph (3), by striking subparagraphs (B) and (C) 
     and inserting the following:
       ``(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.
       ``(C) The Secretary may establish such other requirements 
     for employers using contractors or subcontractors as are 
     necessary to prevent knowing violations of this paragraph 
     after rulemaking pursuant to section 553 of title 5, United 
     States Code. The Secretary may issue widely disseminated 
     guidelines to clarify and supplement the regulations issued 
     hereunder and disseminate the guidelines broadly in 
     coordination with the Private Sector Office of the Department 
     of Homeland Security.''; and
       (B) by striking paragraph (6) and inserting the following:
       ``(6) A rebuttable presumption is created that an employer 
     has acted with knowledge or reckless disregard if the 
     employer is shown by clear and convincing evidence to have 
     materially failed to comply with written standards, 
     procedures or instructions issued by the Secretary. 
     Standards, procedures or instructions issued by the Secretary 
     shall be objective and verifiable.''.
       (2) Definitions.--Section 274A(b) of the Immigration and 
     Nationality Act, as amended by section 302(a), is further 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Definition of employer.--In this section, the term 
     `employer' means any person or entity hiring, recruiting, or 
     referring an individual for a fee for employment in the

[[Page S8556]]

     United States. Franchised businesses that operate 
     independently do not constitute a single employer solely on 
     the basis of sharing a common brand.
       ``(3) Definition of critical infrastructure.--In this 
     section, the term `critical infrastructure' means agencies 
     and departments of the United States, States, their suppliers 
     or contractors, and any other employer whose employees have 
     access as part of their jobs to a government building, 
     military base, nuclear energy site, weapon site, airport, or 
     seaport.''.
       (3) Management of eevs.--Section 274A(d)(9)(E)(v) of the 
     Immigration and Nationality Act, as amended by section 
     302(a), is further amended by adding at the end the 
     following: ``The Secretary shall further study the 
     feasibility of providing other alternatives for employers 
     that do not have Internet access.''.
       (4) Repeat violator.--Section 274A(h)(1) of the Immigration 
     and Nationality Act, as amended by section 302(a), is amended 
     by adding at the end the following: ``The Secretary shall 
     define `repeat violator', as used in this subsection, in a 
     rulemaking that complies with the requirements of section 553 
     of title 5, United States Code.''.
       (5) Preemption.--Section 274A(i) of the Immigration and 
     Nationality Act, as amended by section 302(a), is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) Preemption.--The provisions of this section shall 
     preempt any State or local law that requires the use of the 
     EEVS in a fashion that--
       ``(A) conflicts with Federal policies, procedures or 
     timetables;
       ``(B) requires employers to verify whether or not an 
     individual is authorized to work in the United States; or
       ``(C) imposes civil or criminal sanctions (other than 
     through licensing and similar laws) upon those who employ, or 
     recruit or refer for a fee for employment, unauthorized 
     aliens.''.
       (c) Authorization of Appropriations.--Notwithstanding the 
     matter preceding subparagraph (A) of section 310(a)(1), there 
     are authorized to be appropriated to the Secretary of 
     Homeland Security, in each of the 2 fiscal years beginning 
     after the date of the enactment of this Act, such sums as may 
     be necessary to annually hire not less than 2,500 personnel 
     of the Department of Homeland Security, who are to be 
     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 
     compliance and monitoring activities described in 
     subparagraphs (A) through (O) of section 310(a)(1).

     SEC. __. TEMPORARY WORKER PROGRAM.

       (a) H-1B Streamlining and Simplification.--Section 214(g) 
     of the Immigration and Nationality Act, as amended by this 
     Act, is further amended--
       (1) in paragraph (1)(A), by striking clauses (i) through 
     (vii) and inserting the following:
       ``(i) 115,000 in fiscal year 2008;
       ``(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) 180,000 for any fiscal year;''; and
       (2) in paragraph (9), as redesignated by section 409--
       (A) in subparagraph (B)--
       (i) in clause (ii), by striking ``The annual numerical 
     limitations described in clause (i) shall not exceed'' and 
     inserting ``Without respect to the annual numerical 
     limitations described in clause (i), the Secretary may issue 
     a visa or otherwise grant nonimmigrant status pursuant to 
     section 101(a)(15)(H)(i)(b) in the following quantities:''; 
     and
       (ii) by striking clause (iv); and
       (B) by striking subparagraph (D).
       (b) Ensuring Access to Skilled Workers in Specialty 
     Occupations.--
       (1) In general.--Section 214(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)), as amended by title IV, 
     is further amended--
       (A) by striking paragraph (6), as redesignated by section 
     409 of this Act, and inserting the following:
       ``(6) The numerical limitations contained in paragraph 
     (1)(A) shall not apply to any nonimmigrant alien issued a 
     visa or otherwise provided status under section 
     101(a)(15)(H)(i)(b) who--
       ``(A) until the number of aliens who are exempted from such 
     numerical limitation under this subparagraph during a fiscal 
     year exceeds 20,000, has earned a master's or higher degree 
     in science, technology, engineering, or mathematics from an 
     institution of higher education outside of the United States;
       ``(B) until the number of aliens who are exempted from such 
     numerical limitation under this subparagraph during a fiscal 
     year exceeds 40,000, has earned a master's or higher degree 
     from a United States institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 
     1965); and
       ``(C) until the number of aliens who are exempted from such 
     numerical limitation under this subparagraph during a fiscal 
     year exceeds 50,000--
       ``(i) is employed (or has received an offer of employment) 
     at an institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965; 20 U.S.C. 
     1001(a)), or a related or affiliated nonprofit entity; or
       ``(ii) is employed (or has received an offer of employment) 
     at a nonprofit research organization or a governmental 
     research organization.''; and
       (B) by adding at the end the following:
       ``(13) An employer that has at least 1,000 full-time 
     employees who are employed in the United States, including 
     employment-authorized aliens, and employs aliens admitted or 
     provided status as a nonimmigrant described in section 
     101(a)(15)(H)(i)(b) in a number that is equal to or greater 
     than 15 percent of the number of such full-time employees, 
     may file not more than 1,000 petitions under subsection (c) 
     to import aliens under section 101(a)(15)(H)(i)(b) in any 
     fiscal year.''.
       (2) Applicability.--
       (A) In general.--The amendment made by paragraph (1)(A) 
     shall apply to any petition or visa application pending on 
     the date of the enactment of this Act and any petition or 
     visa application filed on or after such date.
       (B) Effective date.--The amendment made by paragraph (1)(B) 
     shall take effect on the first day of the fiscal year 
     following the fiscal year in which the backlog of employment-
     based immigrant visa petitions existing as of the effective 
     date established under section 502(d).
       (c) Document Requirement.--Section 212(n)(1) of the 
     Immigration and Nationality Act, as amended by section 420, 
     is further amended--
       (1) in subparagraph (A)--
       (A) in clause (i)(II), by striking ``, and'' and inserting 
     a semicolon;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) will provide to the H-1B nonimmigrant--

       ``(I) a copy of each application filed on behalf of the 
     nonimmigrant under this section; and
       ``(II) documentation supporting each attestation, in 
     accordance with regulations promulgated by the Secretary of 
     Labor.''; and

       (2) by adding at the end the following:
       ``(L) An H-1B nonimmigrant may not be stationed at the 
     worksite of an employer other than the petitioning employer 
     or its affiliate, subsidiary, or parent if the alien will be 
     controlled and supervised principally by such unaffiliated 
     employer or if the placement of the alien at the worksite of 
     the affiliated employer is essentially an arrangement to 
     provide labor for hire for the unaffiliated employer, rather 
     than a placement in connection with the provision of a 
     product or service.''.
       (d) Fraud Assessment.--Not later than 30 days after the 
     date of the enactment of this Act, the Director of United 
     States Citizenship and Immigration Services shall, subject to 
     the availability of appropriations, submit to Congress a 
     fraud risk assessment of the H-1B visa program.
       (e) Grounds of Inadmissibility.--Section 218A(f) of the 
     Immigration and Nationality Act, as added by section 402(a), 
     is amended by striking paragraphs (2) and (3) and inserting 
     the following:
       ``(2) Waiver.--For a Y nonimmigrant, the Secretary of 
     Homeland Security may waive those provisions of section 
     212(a) for which the Secretary had discretionary authority to 
     waive before the date of the enactment of the Secure Borders, 
     Economic Opportunity and Immigration Enforcement Act of 
     2007.''.
       (f) Termination.--Section 218A(j) of the Immigration and 
     Nationality Act , as added by section 402(a), is amended by 
     striking paragraphs (2) and (3) and inserting the following:
       ``(2) Exception.--The period of authorized admission of a Y 
     nonimmigrant shall not terminate for unemployment under 
     paragraph (1)(D) if the alien attests under the penalty of 
     perjury and submits documentation to the satisfaction of the 
     Secretary of Homeland Security that establishes that such 
     unemployment was the result of--
       ``(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 Federal or 
     State law or by a policy of the alien's employer; or
       ``(C) any other period of temporary unemployment that is 
     the direct result of a force majeure event.
       ``(3) Return to foreign residence.--An alien who is a Y 
     nonimmigrant whose period of authorized admission terminates 
     under paragraph (1) shall immediately depart the United 
     States.''.
       (g) Registration of Departure.--Section 218A(k) of the 
     Immigration and Nationality Act, as added by section 402(a), 
     is amended by striking the subsection heading and inserting 
     the following:
       ``(k) Leaving the United States.--
       ``(1) Registration of departure.--
       ``(A) In general.--An alien who is a Y nonimmigrant whose 
     period of authorized admission has expired under subsection 
     (i), or whose period of authorized admission terminates under 
     subsection (j), shall register the departure of such alien at 
     a designated port of departure or designated United States 
     consulate abroad in a manner to be prescribed by the 
     Secretary of Homeland Security.
       ``(B) Effect of failure to depart.--If an alien described 
     in subparagraph (A) fails to depart the United States or to 
     register such

[[Page S8557]]

     departure as required under subsection (j)(3), the Secretary 
     of Homeland Security shall--
       ``(i) take immediate action to determine the location of 
     the alien; and
       ``(ii) if the alien is located in the United States, remove 
     the alien from the United States.
       ``(C) Invalidation of documentation.--Any documentation 
     issued by the Secretary of Homeland Security under subsection 
     (m) to an alien described in subparagraph (A) shall be 
     invalid for any purpose except the departure of the alien on 
     and after the date on which the period of authorized 
     admission of such alien terminates. The Secretary shall 
     ensure that the invalidation of such documentation is 
     recorded in the employment eligibility verification system 
     described in section 274A.
       ``(2) Visits outside the united states.--''.
       (h) Overstay.--Section 218A(o) of the Immigration and 
     Nationality Act , as added by section 402(a), is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) Except as provided in paragraph (3) or (4), 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 
     permanently barred from any future benefits under Federal 
     immigration law.''.

     SEC. __. IMMIGRATION BENEFITS.

       (a) Numerical Limits.--Section 201(d)(1)(A) of the 
     Immigration and Nationality Act, as amended by section 
     501(b), is further amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking ``Section 502(d) of the 
     [Insert title of Act].'' and inserting ``section 502(d) of 
     the Secure Borders, Economic Opportunity and Immigration 
     Enforcement Act of 2007;''; and
       (3) by adding at the end the following:
       ``(iii) up to 20,000 shall be for aliens who met the 
     specifications set forth in section 203(b)(1) on January 1, 
     2007; and
       ``(iv) the remaining visas shall be allocated as follows:

       ``(I) In fiscal years 2008 and 2009, 115,401 shall be for 
     aliens who are the beneficiaries of a petition filed by an 
     employer on their behalf under this section.
       ``(II) In fiscal year 2010, 86,934 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       ``(III) In fiscal year 2011, 58,467 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       ``(IV) In fiscal year 2012, 44,234 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.''.

       (b) Merit-Based Immigrants.--Section 203(b)(1) of the 
     Immigration and Nationality Act, as amended by section 
     502(b)(1) of this Act, is further amended by adding at the 
     end the following:
       ``(G) Any employer desiring and intending to employ within 
     the United States an alien qualified under subparagraph (A) 
     may file a petition with the Secretary of Homeland Security 
     for such classification.
       ``(H) The Secretary shall collect applications and 
     petitions not later than July 1 of each fiscal year and shall 
     adjudicate from the pool of applicants received for that 
     fiscal year, from the highest to the lowest, the determined 
     number of points necessary for the fiscal year. If the number 
     of applications and petitions submitted that meet the merit-
     based threshold is insufficient for the number of visas 
     available that year, the Secretary may continue accepting 
     applications and petitions at a date determined by the 
     Secretary to adjudicate the applications and petitions under 
     this section.''.
       (c) Effective Date for Pending and Approved Petitions and 
     Applications.--Notwithstanding the provisions under section 
     502(d)(2)--
       (1) petitions for an employment-based visa filed for 
     classification under paragraphs (1), (2), or (3) of section 
     203(b) of the Immigration and Nationality Act (as such 
     paragraphs existed on the date before the date of the 
     enactment of this Act) that were filed before the date on 
     which this Act was introduced and were pending or approved on 
     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;
       (2) the beneficiary, who has been classified as a 
     nonimmigrant described in section 101(a)(15)(H)(i)(b) of the 
     Immigration and Nationality Act, of such a pending or 
     approved petition, and any dependent accompanying or 
     following to join such beneficiary, may file an application 
     for adjustment of status under section 245(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1255) regardless of 
     whether an immigrant visa is immediately available at the 
     time the application is filed;
       (3) the application for adjustment of status filed under 
     paragraph (2) shall not be approved until an immigrant visa 
     becomes available; and
       (4) aliens with applications for a labor certification 
     pursuant to section 212(a)(5)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(5)(A) shall preserve the 
     immigrant visa priority date accorded by the date of filing 
     of such labor certification application.
       (d) Parent Visitor Visas.--Section 214(s) of the 
     Immigration and Nationality Act, as added by section 506(b), 
     is amended--
       (1) in paragraph (2)(B), by striking ``$1,000, which shall 
     be forfeit'' and inserting ``$2,500, which shall be 
     forfeited''; and
       (2) in paragraph (3), by amending subparagraph (A) to read 
     as follows:
       ``(A) may not stay in the United States, within any 
     calendar year--
       ``(i) in the case of a spouse or child sponsored by a 
     nonimmigrant described in section 101(a)(15)(Y)(i), for an 
     aggregate period in excess of 30 days; and
       ``(ii) in the case of a parent sponsored by a United States 
     citizen child, for an aggregate period in excess of 100 
     days;''.

     SEC. __. Z NONIMMIGRANT STATUS.

       (a) Application and Background Checks.--Notwithstanding any 
     provision of section 601(g) or section 214A(d) of the 
     Immigration and Nationality Act, as added by section 622(b)--
       (1) the application forms created pursuant to section 
     601(g)(1) of this Act and section 214A(d) of the Immigration 
     and Nationality Act shall request such information as the 
     Secretary determines necessary and appropriate, including 
     information concerning the alien's--
       (A) physical and mental health;
       (B) complete criminal history, including all arrests and 
     dispositions;
       (C) gang membership;
       (D) immigration history;
       (E) employment history; and
       (F) claims to United States citizenship; and
       (2) the Secretary shall utilize fingerprints and other 
     biometric data provided by the alien pursuant to section 
     601(g)(3)(A) and any other appropriate information 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 section 601 of this Act or section 214A of the 
     Immigration and Nationality Act; and
       (3) appropriate background checks conducted pursuant to 
     paragraph (2) for applicants determined to be from countries 
     designated as state sponsors of terrorism or for whom there 
     are reasonable grounds for regarding the alien as a danger to 
     the security of the United States shall include--
       (A) other appropriate background checks involving databases 
     operated by the Department of State and other national 
     security databases; and
       (B) other appropriate procedures used to conduct terrorism 
     and national security background investigations.
       (b) Probationary Benefits.--Notwithstanding any provision 
     of section 601(h) or section 214A(d) of the Immigration and 
     Nationality Act, as added by section 622(b)--
       (1) no probationary benefits described in section 601(h)(1) 
     of this Act or section 214A(d)(7) of the Immigration and 
     Nationality Act may be granted to any alien unless the alien 
     passes all appropriate background checks under such section;
       (2) an alien awaiting adjudication of the alien's 
     application for probationary status under such sections shall 
     be considered authorized to work pending the granting or 
     denial of such status; and
       (3) the term unauthorized alien, for purposes of such 
     section, has the meaning set forth in section 274A(b) of the 
     Immigration and Nationality Act, as added by section 302(a) 
     of this Act.
       (c) Return Home Requirement.--
       (1) In general.--Notwithstanding any other provision of 
     title VI, an alien who is applying for a Z-1 nonimmigrant 
     visa under section 601 shall not be eligible for such status 
     until the alien, in addition to the requirements described in 
     such section, has completed the following requirements:
       (A) The alien shall demonstrate that the alien departed 
     from the United States and received a home return 
     certification of such departure from a United States consular 
     office in order to complete the alien's application for Z 
     status. The Secretary of State, in consultation with the 
     Secretary of Homeland Security, shall develop an appropriate 
     certification for such purposes.
       (B) The certification provided under subparagraph (A) shall 
     be obtained not later than 3 years after the date on which 
     the alien was granted probationary status. Failure to obtain 
     such certification shall terminate the alien's eligibility 
     for Z status for a Z-1 applicant and the eligibility of the 
     applicant's derivative Z-2 or Z-3 applicants pursuant to 
     section 601.
       (C) Unless otherwise authorized, an applicant for a Z-1 
     nonimmigrant visa shall file a home return supplement to the 
     alien's application for Z status at a consular office in the 
     alien's country of origin. The Secretary of State may direct 
     a consular office in a country that is not a Z nonimmigrant's 
     country of origin to accept an application for adjustment of 
     status from such an alien, if the Z nonimmigrant's country of 
     origin is not contiguous to the United States, to the extent 
     made possible by consular resources.
       (2) Rulemaking.--The Secretary of Homeland Security shall 
     promulgate regulations to ensure a secure means for Z 
     applicants to fulfill the requirements under paragraph (1).
       (3) Clarification.--Notwithstanding any other provision of 
     this Act, The return home requirement described in paragraph 
     (1) shall be the sole return home requirement for Z-1 
     nonimmigrants.
       (d) Electronic System for Preregistration of Applicants for 
     Z and Z-A Nonimmigrant Status.--

[[Page S8558]]

       (1) In general.--The Secretary of Homeland Security may 
     establish an online registration process allowing applicants 
     for Z and Z-A nonimmigrant status to provide, in advance of 
     submitting the application described in section 601(f), such 
     biographical information and other information as the 
     Secretary shall prescribe--
       (A) for the purpose of providing applicants with an 
     appointment to provide fingerprints and other biometric data 
     at a facility of the Department of Homeland Security;
       (B) to initiate background checks based on such 
     information; and
       (C) for other purposes consistent with this Act.
       (2) Mandatory disclosure of information.--The provisions of 
     section 604 shall apply to the information provided pursuant 
     to the process established under this section.
       (e) Perjury and False Statements.--Notwithstanding any 
     other provision of this Act, all application forms for 
     immigration benefits, relief, or status under this Act 
     (including application forms for Z non-immigrant status) 
     shall bear a warning to the applicant and to any other person 
     involved in the preparation of the application that the 
     making of any false statement or misrepresentation on the 
     application form (or any supporting documentation) will 
     subject the applicant or other person to prosecution for 
     false statement, fraud, or perjury under the applicable laws 
     of the United States, including sections 1001, 1546, and 1621 
     of title 18, United States Code.
       (f) Fraud Prevention Program.--Notwithstanding any other 
     provision of this Act, the head of each department 
     responsible for the administration of a program or authority 
     to confer an immigration benefit, relief, or status under 
     this Act shall, subject to available appropriations, develop 
     an administrative program to prevent fraud within or upon 
     such program or authority. Such program shall provide for 
     fraud prevention training for the relevant administrative 
     adjudicators within the department and such other measures as 
     the head of the department may provide.
       (g) Eligibility for Military Service.--In addition to the 
     benefits described in subparagraphs (A) through (D) of 
     section 601(h)(1), an alien described in such section shall 
     be eligible to serve as a member of the Uniformed Services of 
     the United States.

     SEC. __. GOVERNMENT CONTRACTS.

       (a) Government Contracts.--Section 274A(h) of the 
     Immigration and Nationality Act, as amended by section 302 of 
     this Act, is further amended by striking paragraphs (1) and 
     (2) and inserting the following:
       ``(1) Employers.--
       ``(A) In general.--If an employer who does not hold Federal 
     contracts, grants, or cooperative agreements is determined by 
     the Secretary of Homeland Security 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 not less than 5 years in accordance with the 
     procedures and standards prescribed by the Federal 
     Acquisition Regulations. The 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.
       ``(B) Waiver authority.--After consideration of the views 
     of any agency or department that holds a contract, grant, or 
     cooperative agreement with an employer described under 
     subparagraph (A), the Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive the debarment or may limit the duration or scope of the 
     debarment under subparagraph (A) if such waiver or limitation 
     is necessary to the national defense or in the interest of 
     national security.
       ``(C) Notification to congress.--If the Administrator of 
     General Services grants a waiver or limitation described 
     under subparagraph (B), the Administrator shall submit notice 
     of such waiver or limitation to each member of the Committee 
     on the Judiciary of the Senate and of the Committee on the 
     Judiciary of the House of Representatives.
       ``(2) Contractors and recipients.--
       ``(A) In general.--If an employer who holds Federal 
     contracts, grants, or cooperative agreements is determined by 
     the Secretary of Homeland Security 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 not less than 5 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 not less than 5 years.
       ``(B) Waiver authority.--After consideration of the views 
     of any agency or department that holds a contract, grant, or 
     cooperative agreement with an employer described under 
     subparagraph (A), the Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive the debarment or may limit the duration or scope of the 
     debarment under subparagraph (A) if such waiver or limitation 
     is necessary to the national defense or in the interest of 
     national security.
       ``(C) Notification to congress.--If the Administrator of 
     General Services grants a waiver or limitation described 
     under subparagraph (B), the Administrator shall submit notice 
     of such waiver or limitation to each member of the Committee 
     on the Judiciary of the Senate and of the Committee on the 
     Judiciary of the House of Representatives.''.
       (b) Limit on Percentage of H-1B and L Employees.--
     Subparagraph (I) of section 212(n)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(n)(1)), as added by section 
     420(d), is amended to read as follows:
       ``(I) 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 and nonimmigrants described in section 
     101(a)(15)(L).''.
       (c) Wage Determination for H-1B Nonimmigrants.--
       (1) Change in minimum wages.--Section 212(p)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(p)(3)) is 
     amended by adding at the end the following: ``The wage rate 
     required under subsections (n)(1)(A)(i)(II) and 
     (t)(1)(A)(i)(II) shall be determined and issued by the 
     Secretary of Labor, pursuant to a request from an employer 
     filing a labor condition application with the Secretary for 
     purposes of those subsections and as part of the adjudication 
     of such application. The Secretary shall respond to such a 
     request within 14 days. If the wage determination is not 
     issued within 14 days of the request, the employer shall 
     determine the prevailing wage pursuant to section 
     212(n)(1)(A)(i) and submit this determination to the 
     Secretary. This determination shall be treated as an 
     attestation pursuant to section 212(n)(1).''.
       (2) Labor condition applications.--
       (A) Section 212(n)(1)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(n)(1)(A)) is amended--
       (i) in clause (1), by striking ``and'' at the end;
       (ii) by redesignating clause (ii) as clause (iv); and
       (iii) by inserting after clause (i) the following new 
     clauses:
       ``(ii) has filed with the Secretary of Labor, pursuant to 
     section 212(p)(3), a request for the Secretary's 
     determination of the appropriate wage rate;
       ``(iii) is not as its primary business using the 
     nonimmigrant for purposes of entering into a job shop 
     arrangement where the employer outplaces the nonimmigrant to 
     a second employer and receives compensation for the labor 
     service provided, nor as its primary business entering into a 
     virtual job shop arrangement with a second employer, where 
     the nonimmigrant performs work outsourced from the second 
     employer to the first employer, and the first employer 
     receives compensation for the labor provided; and''.
       (B) Section 212(n) of such Act, as amended by this Act is 
     further amended by adding at the end the following:
       ``(I) No later than six months after enactment, the 
     Secretary of Labor shall promulgate rules, after notice and a 
     period for comment, to implement Section 212(n)(1)(A)(iii) 
     regarding job shop arrangements and virtual job shop 
     arrangements.''.
       (3) Nonimmigrant professionals; labor attestations.--
     Section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182) is amended in paragraph (1)(A) of the first subsection 
     (t) (as added by section 402(b)(2) of Public Law 108-77 (117 
     Stat. 941))--
       (A) in clause (i), by striking ``and'' at the end;
       (B) by redesignating clause (ii) as clause (iii); and
       (C) inserting after clause (i) the following new clause:
       ``(ii) has filed with the Secretary of Labor, pursuant to 
     section 212(p)(3), a request for the Secretary's 
     determination of the appropriate wage rate; and''.
       (4) Audits.--Section 212(n)(2)(A) of such Act, as amended 
     by section 421, is further amended by adding at the end the 
     following: ``During the first calendar year in which an 
     employer pays more than 30 percent of the employer's H-1B 
     nonimmigrant employees wages equivalent to the lowest wage 
     level under section 212(p)(4), the Secretary shall conduct a 
     compliance audit of the employer.''.
       (5) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (d) Prohibition on Outplacement of H-1B Nonimmigrants.--
       (1) In general.--Section 212(n) of such Act, as amended by 
     this Act, is further amended--
       (A) in paragraph (1), by amending subparagraph (F), as 
     amended by section 420, to read as follows:
       ``(F) The employer shall not place, outsource, lease, or 
     otherwise contract for the placement of an H-1B nonimmigrant 
     with another employer where there are indicia of an 
     employment relationship between the nonimmigrant and such 
     other employer unless the employer of the alien has been 
     granted a waiver under paragraph (2)(E).''; and
       (B) in paragraph (2), by amending subparagraph (E), as 
     amended by section 420, to read as follows:

[[Page S8559]]

       ``(E) The Secretary of Labor shall promulgate rules, after 
     notice and a period for comment, for an employer of an H-1B 
     nonimmigrant to apply for a waiver of the prohibition in 
     paragraph (1)(F). The Secretary shall grant or deny a waiver 
     within 14 days after the waiver application is filed. In 
     order to receive a waiver under this subparagraph, the burden 
     shall be on the employer seeking the waiver to establish 
     that--
       ``(i) the employer with whom the nonimmigrant would be 
     placed has not displaced and does not intend to displace a 
     United States worker employed by the employer within the 
     period beginning 180 days before and ending 180 days after 
     the date of the placement of the nonimmigrant with the 
     employer;
       ``(ii) the nonimmigrant will not be controlled and 
     supervised principally by the employer with whom the 
     nonimmigrant would be placed; and
       ``(iii) the placement of the nonimmigrant is not 
     essentially an arrangement to provide labor for hire for the 
     employer with whom the nonimmigrant will be placed.''.
       (2) Application.--The amendments made by paragraph (1) 
     shall apply to an application filed on or after the date the 
     rules required by section 212(n)(2)(E) of such Act, as 
     amended by paragraph (1)(B) of this subsection, are issued.
       (e) Posting Available Positions.--
       (1) Posting available positions.--Section 212(n)(1)(C) of 
     such Act is amended--
       (A) by redesignating clause (ii) as subclause (II);
       (B) by striking ``(i) has provided'' and inserting the 
     following:
       ``(ii)(I) has provided''; and
       (C) by inserting before clause (ii), as redesignated by 
     subparagraph (B), the following:
       ``(i) has posted a detailed description of each position 
     for which a nonimmigrant is sought on the website described 
     in paragraph (6) of this subsection for at least 30 calendar 
     days, which description shall include the wages and other 
     terms and conditions of employment, the minimum education, 
     training, experience and other requirements for the position, 
     and the process for applying for the position; and''.
       (2) Department of labor website.--Section 212(n) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(6)(A) Not later than 90 days after the date of the 
     enactment of this paragraph, the Secretary of Labor shall 
     establish a searchable website for posting positions as 
     required by paragraph (1)(C). This website shall be publicly 
     accessible without charge.
       ``(B) The Secretary may work with private companies and 
     nonprofit organizations in the development and operation of 
     the website established under this paragraph.
       ``(C) The Secretary may promulgate rules, after notice and 
     a period for comment, to carry out the requirements of this 
     paragraph.''.
       (3) Application.--The amendments made by paragraph (1) 
     shall apply to an application filed 30 days or more after the 
     date that the website required by section 212(n)(6) of such 
     Act, as added by paragraph (2) of this subsection, is 
     created.
       (f) Wage Determination for L Nonimmigrants.--
       (1) Change in minimum wages.--Paragraph (2) of section 
     214(c) of the Immigration and Nationality Act (8 U.S.C. 
     1184(c)) is amended by adding at the end the following:
       ``(K)(i) An employer that employs a nonimmigrant described 
     in section 101(a)(15)(L) for a cumulative period of time 
     greater than one year shall--
       ``(I) offer such nonimmigrant, during the period of 
     authorized employment, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--

       ``(aa) the prevailing wage level for the occupational 
     classification in the area of employment; or
       ``(bb) the actual wage level paid by the employer to all 
     other individuals with similar experience and qualifications 
     for the specific employment in question; and

       ``(II) provide working conditions for such nonimmigrant 
     that will not adversely affect the working conditions of 
     workers similarly employed.
       ``(ii) If an employer, in such previous period specified by 
     the Secretary of Homeland Security, employed 1 or more L-1 
     nonimmigrants, the employer shall provide to the Secretary of 
     Homeland Security the Internal Revenue Service Form W-2 Wage 
     and Tax Statement filed by the employer with respect to such 
     nonimmigrants for such period.
       ``(iii) It is a failure to meet a condition under this 
     subparagraph for an employer, who has filed a petition to 
     import 1 or more aliens as nonimmigrants described in section 
     101(a)(15)(L), to--
       ``(I) require such a nonimmigrant to pay a penalty for 
     ceasing employment with the employer before a date mutually 
     agreed to by the nonimmigrant and the employer; or
       ``(II) fail to offer to such a nonimmigrant, during the 
     nonimmigrant's period of authorized employment, on the same 
     basis, and in accordance with the same criteria, as the 
     employer offers to United States workers, benefits and 
     eligibility for benefits, including--

       ``(aa) the opportunity to participate in health, life, 
     disability, and other insurance plans;
       ``(bb) the opportunity to participate in retirement and 
     savings plans; and
       ``(cc) cash bonuses and noncash compensation, such as stock 
     options (whether or not based on performance).

       ``(iv) The Secretary of Homeland Security shall determine 
     whether a required payment under clause (iii)(I) is a penalty 
     (and not liquidated damages) pursuant to relevant State 
     law.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (3) Regulations.--The Secretary shall promulgate rules, 
     after notice and a period for comment, to implement the 
     requirements of this subsection. In promulgating these rules, 
     the Secretary shall take into consideration any special 
     circumstances relating to intra- company transfers.
       (g) Prohibition on Outplacement of L Nonimmigrants.--
       (1) In general.--Paragraph (2) of section 214(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(c)), as 
     amended by this section, is further amended by adding at the 
     end the following:
       ``(M)(i) An employer who imports an alien as a nonimmigrant 
     described in section 101(a)(15)(L) for a cumulative period of 
     time greater than one year shall not place, outsource, lease, 
     or otherwise contract for the placement of the alien with 
     another employer where there are indicia of an employment 
     relationship between the alien and such other employer unless 
     the employer of the alien has been granted a waiver under 
     clause (ii).
       ``(ii) The Secretary of Homeland Security shall promulgate 
     rules, after notice and a period for comment, for an employer 
     to apply for a waiver of the prohibition set out in clause 
     (i). The Secretary shall grant or deny a waiver within 14 
     days after the waiver application is filed. In order to 
     receive such a waiver, the burden shall be on the employer 
     seeking the waiver to establish that--
       ``(I) the employer with whom the nonimmigrant would be 
     placed has not displaced and does not intend to displace a 
     United States worker employed by the employer within the 
     period beginning 180 days before and ending 180 days after 
     the date of the placement of the nonimmigrant with the 
     employer;
       ``(II) the nonimmigrant will not be controlled and 
     supervised principally by the employer with whom the 
     nonimmigrant would be placed; and
       ``(III) the placement of the nonimmigrant is not 
     essentially an arrangement to provide labor for hire for the 
     employer with whom the nonimmigrant will be placed, rather 
     than a placement in connection with the provision or a 
     product or service for which specialized knowledge specific 
     to the petitioning employer is necessary.''.
       (2) Application.--The amendment made by paragraph (1) shall 
     apply to an application filed on or after the date the rules 
     required by section 212(c)(2)(M)(ii) of such Act, as added by 
     paragraph (1) of this subsection, are issued.
       (h) Prohibition on Job Shops.--
       (1) In general.--Paragraph (2) of section 214(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(c)), as 
     amended by this section, is further amended by adding at the 
     end the following:
       ``(N)(i) An employer who imports an alien as a nonimmigrant 
     described in section 101(a)(15)(L) shall not as its primary 
     business use the nonimmigrant for purposes of entering into a 
     job shop arrangement where the employer outplaces the 
     nonimmigrant to a second employer and receives compensation 
     for the labor service provided, nor as its primary business 
     entering into a virtual job shop arrangement with a second 
     employer, where the nonimmigrant performs work outsourced 
     from the second employer to the first employer, and the first 
     employer receives compensation for the labor services 
     provided.
       ``(ii) No later than six months after enactment, the 
     Secretary of Labor shall promulgate rules, after notice and a 
     period for comment, to implement this subparagraph.''

     SEC. __. H-1B PROVISIONS.

       (a) Repeal of Certain Temporary Worker Provisions.--The 
     following amendments are null and void and have no effect:
       (1) The amendments to subsection (b) of section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) made by 
     subsection (c) of section 418 of this Act.
       (2) The amendments to subsection (h) of such section 214 
     made by subsection (d) of such section 418.
       (3) The amendments to subsection (g) of such section 214 
     made by subsection (a) of section 419 of this Act.
       (4) The amendments to paragraph (2) of subsection (i) of 
     such made by subsection (b) such of section 419.
       (b) Granting Dual Intent to Certain Nonimmigrant 
     Students.--Subsection (h) of section 214 of the Immigration 
     and Nationality Act (8 U.S.C. 1184) is amended--
       (1) by striking ``(H)(i)(b) or (c),'' and inserting 
     ``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
       (2) by striking ``if the alien had obtained a change of 
     status'' and inserting ``if the alien had been admitted as, 
     provided status as, or obtained a change of status''.
       (c) H-1B Amendments.--Subsection (g) of section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) is amended--
       (1) in paragraph (1)(A), by striking clauses (i) through 
     (vii) and inserting the following:
       ``(i) 115,000 in fiscal year 2008;
       ``(ii) in any subsequent fiscal year, subject to clause 
     (iii), the number for the previous

[[Page S8560]]

     fiscal year as adjusted in accordance with the method set 
     forth in paragraph (2); and
       ``(iii) 180,000 for any fiscal year;'';
       (2) in paragraph (9), as redesignated by section 409--
       (A) in subparagraph (B)--
       (i) in clause (ii), by striking ``The annual numerical 
     limitations described in clause (i) shall not exceed'' and 
     inserting ``Without respect to the annual numerical 
     limitations 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:''; 
     and
       (ii) by striking clause (iv); and
       (B) by striking subparagraph (D).
       (d) Ensuring Access to Skilled Workers in Specialty 
     Occupations.--
       (1) In general.--Paragraph (6) of section 214(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)), as 
     redesignated by section 409, is amended to read as follows:
       ``(6) The numerical limitations contained in paragraph 
     (1)(A) shall not apply to any nonimmigrant alien issued a 
     visa or otherwise provided status under section 
     101(a)(15)(H)(i)(b) who--
       ``(A) until the number of aliens who are exempted from such 
     numerical limitation under this subparagraph during a year 
     exceeds 50,000
       ``(i) is employed (or has received an offer of employment) 
     at an institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965) (20 U.S.C. 
     1001(a)), or a related or affiliated nonprofit entity; or
       ``(ii) is employed (or has received an offer of employment) 
     at a nonprofit research organization or a governmental 
     research organization;
       ``(B) has earned a master's or higher degree from a United 
     States institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)), until the number of aliens who are exempted from 
     such numerical limitation under this subparagraph during a 
     year exceeds 40,000; or
       ``(C) has earned a master's or higher degree in science, 
     technology, engineering, or mathematics from an institution 
     of higher education outside of the United States, until the 
     number of aliens who are exempted from such numerical 
     limitation under this subparagraph during a year exceeds 
     20,000.''.
       (e) Employer Requirement.--Section 214(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)), as 
     redesignated by section 409, is further amended to add the 
     following:
       ``(13) An employer that has at least 1,000 full-time 
     employees who are employed in the United States, including 
     employment authorized aliens, and employs aliens admitted or 
     provided status as a nonimmigrant described in section 
     101(a)(15)(H)(i)(b) in a number that is equal to or at least 
     15 percent of the number of such full-time employees, may 
     file no more than 1,000 petitions under subsection (c) for 
     aliens under section 101(a)(15)(H)(i)(b) who are counted 
     under subsection (g)(1)(A) in any fiscal year.''.
       (f) Applicability.--The amendment made by subsection (d) 
     shall apply to any petition or visa application pending on 
     the date of enactment of this Act and any petition or visa 
     application filed on or after such date. The amendment made 
     by subsection (e) shall take effect on the first day of the 
     fiscal year following the fiscal year in which the backlog of 
     employment-based immigrant visa petitions existing as of the 
     effective date established in section 502(d) of this Act is 
     fully eliminated.
       (g) Document Requirement.--Paragraph (1) of section 212(n) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(n)), as 
     amended by this Act, is further amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting a semicolon and ``and''; and
       (C) by adding at the end the following:
       ``(iii) will provide to the H-1B non-immigrant--

       ``(I) a copy of each application filed on behalf of the n 
     nonimmigrant under this section; and
       ``(II) documentation supporting each attestation, in 
     accordance with regulations promulgated by the Secretary of 
     Labor.'';

       (2) by adding at the end the following:
       ``(L) An H-1B nonimmigrant may not be stationed at the 
     worksite of an employer other than the petitioning employer 
     or its affiliate, subsidiary, or parent if the alien will be 
     controlled and supervised principally by such unaffiliated 
     employer or if the placement of the alien at the worksite of 
     the affiliated employer is essentially an arrangement to 
     provide labor for hire for the unaffiliated employer, rather 
     than a placement in connection with the provision of a 
     product or service.''.
       (h) Fraud Assessment.--Not later than 30 days after the 
     date of the enactment of this Act, the Director of United 
     States Citizenship and Immigration Services shall submit to 
     Congress a fraud risk assessment of the H-1B visa program.
       (i) Merit-Based Immigrants.--Section 201(d) of the 
     Immigration and Nationality Act (8 U.S.C. 11519(d)), as 
     amended by section 501(b) to 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);
       ``(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 section 502(d) of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007;
       ``(iii) up to 20,000 shall be for aliens who met the 
     specifications set forth in section 203(b)(1)(as of January 
     1, 2007); and
       ``(iv) the remaining visas be allocated as follows:

       ``(I) In fiscal year 2008 and 2009, 115,401 shall be for 
     aliens who are the beneficiaries of a petition filed by an 
     employer on their behalf under this section.
       ``(II) In fiscal year 2010, 86,934 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       ``(III) In fiscal year 2011, 58,467 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       ``(IV) In fiscal year 2012, 44,234 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.''.

       (j) Amendments to Merit-Based Immigrant Provisions.--
     Section 203(b) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)), as amended by section 502(b), is further 
     amended in paragraph (1) by adding at the end the following 
     new subparagraphs:
       ``(G) Any employer desiring and intending to employ within 
     the United States an alien qualified under (A) may file a 
     petition with the Secretary of Homeland Security for such 
     classification.
       ``(H) The Secretary of Homeland Security shall collect 
     applications and petitions by July 1 of each fiscal year and 
     will adjudicate from the pool of applicants received for that 
     fiscal year, from the highest to the lowest, the determined 
     number of points necessary for the fiscal year. If the number 
     of applications and petitions submitted that meet the merit 
     based threshold is insufficient for the number of visas 
     available that year, the Secretary is authorized to continue 
     accepting applications and petitions at a date determined by 
     the Secretary to adjudicate the applications and petitions 
     under this section.''.
       (k) Effective Date.--
       (1) Repeal.--Paragraph (2) of section 502(d) is null and 
     void and shall have no effect.
       (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 section 502) that were pending or 
     approved at the time of the effective date of section 502, 
     shall be treated as if such provision remained effective and 
     an approved petition may serve as the basis for issuance of 
     an immigrant visa. The beneficiary (as classified for this 
     subparagraph as a nonimmigrant described in section 
     101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(H)(i)(b)) of such a pending or approved 
     petition, and any dependent accompanying or following to join 
     such beneficiary, may file an application for adjustment of 
     status under section 245(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(a)) regardless of whether an 
     immigrant visa is immediately available at the time the 
     application is filed. Such application for adjustment of 
     status shall not be approved until an immigrant visa becomes 
     available. Aliens with applications for a labor certification 
     pursuant to section 212(a)(5)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(5)(A)) shall preserve the 
     immigrant visa priority date accorded by the date of filing 
     of such labor certification application.

     SEC. __. INFORMATION SHARING BETWEEN FEDERAL AND LOCAL LAW 
                   ENFORCEMENT OFFICERS.

       (a) In General.--The certification submitted under section 
     1(a) shall include a statement that the Secretary of Homeland 
     Security has promulgated a regulation stating that no person, 
     agency, or Federal, State, or local government entity may 
     prohibit a law enforcement officer from acquiring information 
     regarding the immigration status of any individual if the 
     officer seeking such information has probable cause to 
     believe that the individual is not lawfully present in the 
     United States.
       (b) Rule of Construction.--Nothing in subsection (a) may be 
     construed--
       (1) to limit the acquisition of information as otherwise 
     provided by law; or
       (2) to require a person to disclose information regarding 
     an individual's immigration status prior to the provision of 
     medical or education services.

     SEC. __. SUPPLEMENTAL IMMIGRATION FEE.

       (a) Authorization of Fee.--
       (1) In general.--Subject to paragraph (2), any alien who 
     receives any immigration benefit under this title, or the 
     amendments made by this title, shall, before receiving such 
     benefit, pay a fee to the Secretary in an amount equal to 
     $500, in addition to other

[[Page S8561]]

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

     SEC. __. INCLUSION OF PROBATIONARY BENEFITS IN TRIGGER 
                   PROVISION.

       Notwithstanding section 1(a), no probationary benefit 
     authorized under section 601(h) may be issued to an alien 
     until after section 1 has been implemented.

     SEC. __. CERTIFICATION REQUIREMENT.

       (a) In General.--A petition by an employer for any visa 
     authorizing employment in the United States may not be 
     approved until the employer has provided written 
     certification, under penalty of perjury, to the Secretary of 
     Labor that--
       (1) the employer has not provided a notice of a mass layoff 
     pursuant to the Worker Adjustment and Retraining Notification 
     Act (29 U.S.C. 2101 et seq.) during the 12-month period 
     immediately preceding the date on which the alien is to be 
     hired; and
       (2) the employer does not intend to provide a notice of a 
     mass layoff pursuant to such Act.
       (b) Effect of Mass Layoff.--If an employer provides a 
     notice of a mass layoff pursuant to such Act after a visa 
     described in subsection (a) has been approved, such visa 
     shall expire on the date that is 60 days after the date on 
     which such notice is provided.
       (c) Exemption.--An employer shall be exempt from the 
     requirements under this section if the employer provides 
     written certification, under penalty of perjury, that the 
     total number of the employer's employees in the United States 
     will not be reduced as a result of a mass layoff.

              TITLE _--STRENGTHENING AMERICAN CITIZENSHIP

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Secure Borders, Economic 
     Opportunity and Immigration Reform Act of 2007''.

     SEC. _02. DEFINITION.

       In this title, the term ``Oath of Allegiance'' means the 
     binding oath (or affirmation) of allegiance required to be 
     naturalized as a citizen of the United States, as prescribed 
     in subsection (e) of section 337 of the Immigration and 
     Nationality Act (8 U.S.C. 1448(e)), as added by section 
     _31(a)(2).

                      Subtitle A--Learning English

     SEC. _11. ENGLISH FLUENCY.

       (a) Education Grants.--
       (1) Establishment.--The Chief of the Office of Citizenship 
     of the Department (referred to in this subsection as the 
     ``Chief'') shall establish a grant program to provide grants 
     in an amount not to exceed $500 to assist lawful permanent 
     residents of the United States who declare an intent to apply 
     for citizenship in the United States to meet the requirements 
     under section 312 of the Immigration and Nationality Act (8 
     U.S.C. 1423).
       (2) Use of funds.--Grant funds awarded under this 
     subsection shall be paid directly to an accredited 
     institution of higher education or other qualified 
     educational institution (as determined by the Chief) for 
     tuition, fees, books, and other educational resources 
     required by a course on the English language in which the 
     lawful permanent resident is enrolled.
       (3) Application.--A lawful permanent resident desiring a 
     grant under this subsection shall submit an application to 
     the Chief at such time, in such manner, and accompanied by 
     such information as the Chief may reasonably require.
       (4) Priority.--If insufficient funds are available to award 
     grants to all qualified applicants, the Chief shall give 
     priority based on the financial need of the applicants.
       (5) Notice.--The Secretary, upon relevant registration of a 
     lawful permanent resident with the Department of Homeland 
     Security, shall notify such lawful permanent resident of the 
     availability of grants under this subsection for lawful 
     permanent residents who declare an intent to apply for United 
     States citizenship.
       (b) Faster Citizenship for English Fluency.--Section 316 of 
     the Immigration and Nationality Act (8 U.S.C. 1427) is 
     amended by adding at the end the following:
       ``(g) A lawful permanent resident of the United States who 
     demonstrates English fluency, in accordance with regulations 
     prescribed by the Secretary of Homeland Security, in 
     consultation with the Secretary of State, will satisfy the 
     residency requirement under subsection (a) upon the 
     completion of 4 years of continuous legal residency in the 
     United States.''.

     SEC. _12. SAVINGS PROVISION.

       Nothing in this subtitle shall be construed to--
       (1) modify the English language requirements for 
     naturalization under section 312(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1423(a)(1)); or
       (2) influence the naturalization test redesign process of 
     the Office of Citizenship of the United States Citizenship 
     and Immigration Services (except for the requirement under 
     section _31(b)).

          Subtitle B--Education About the American Way of Life

     SEC. _21. AMERICAN CITIZENSHIP GRANT PROGRAM.

       (a) In General.--The Secretary shall establish a 
     competitive grant program to provide financial assistance 
     for--
       (1) efforts by entities (including veterans and patriotic 
     organizations) certified by the Office of Citizenship of the 
     Department to promote the patriotic integration of 
     prospective citizens into the American way of life by 
     providing civics, history, and English as a second language 
     courses, with a specific emphasis on attachment to principles 
     of the Constitution of the United States, the heroes of 
     American history (including military heroes), and the meaning 
     of the Oath of Allegiance; and
       (2) other activities approved by the Secretary to promote 
     the patriotic integration of prospective citizens and the 
     implementation of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.), including grants--
       (A) to promote an understanding of the form of government 
     and history of the United States; and
       (B) to promote an attachment to the principles of the 
     Constitution of the United States and the well being and 
     happiness of the people of the United States.
       (b) Acceptance of Gifts.--The Secretary may accept and use 
     gifts from the United States Citizenship Foundation, 
     established under section _22(a), for grants under this 
     section.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. _22. FUNDING FOR THE OFFICE OF CITIZENSHIP.

       (a) Authorization.--The Secretary, acting through the 
     Director of United States Citizenship and Immigration 
     Services, is authorized to establish the United States 
     Citizenship Foundation (referred to in this section as the 
     ``Foundation''), an organization duly incorporated in the 
     District of Columbia, exclusively for charitable and 
     educational purposes to support the functions of the Office 
     of Citizenship, which shall include the patriotic integration 
     of prospective citizens into--
       (1) American common values and traditions, including an 
     understanding of the history of the United States 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.
       (b) Dedicated Funding.--
       (1) In general.--Not less than 1.5 percent of the funds 
     made available to United States Citizenship and Immigration 
     Services (including fees and appropriated funds) shall be 
     dedicated to the functions of the Office of Citizenship, 
     which shall include the patriotic integration of prospective 
     citizens into--
       (A) American common values and traditions, including an 
     understanding of American history and the principles of the 
     Constitution of the United States; and
       (B) civic traditions of the United States, including the 
     Pledge of Allegiance, respect for the flag of the United 
     States, and voting in public elections.
       (2) Sense of congress.--It is the sense of Congress that 
     dedicating increased funds to the Office of Citizenship 
     should not result in an increase in fees charged by United 
     States Citizenship and Immigration Services.
       (c) Gifts.--
       (1) To foundation.--The Foundation may solicit, accept, and 
     make gifts of money and other property in accordance with 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       (2) From foundation.--The Office of Citizenship may accept 
     gifts from the Foundation to support the functions of the 
     Office.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the mission of the Office of Citizenship, 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. _23. RESTRICTION ON USE OF FUNDS.

       Amounts appropriated to carry out a program under this 
     subtitle may not be used to organize individuals for the 
     purpose of political activism or advocacy.

[[Page S8562]]

     SEC. _24. REPORTING REQUIREMENT.

       The Chief of the Office of Citizenship shall submit to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, the Committee on the Judiciary of the Senate, the 
     Committee on Education and Labor of the House of 
     Representatives, and the Committee on the Judiciary of the 
     House of Representatives, an annual report that contains--
       (1) a list of the entities that have received funds from 
     the Office of Citizenship during the reporting period under 
     this subtitle and the amount of funding received by each such 
     entity;
       (2) an evaluation of the extent to which grants received 
     under this subtitle and subtitle A successfully promoted an 
     understanding of--
       (A) the English language; and
       (B) American history and government, including the heroes 
     of American history, the meaning of the Oath of Allegiance, 
     and an attachment to the principles of the Constitution of 
     the United States; and
       (3) information about the number of lawful permanent 
     residents who were able to achieve the knowledge described 
     under paragraph (2) as a result of the grants provided under 
     this subtitle and subtitle A.

              Subtitle C--Codifying the Oath of Allegiance

     SEC. _31. OATH OR AFFIRMATION OF RENUNCIATION AND ALLEGIANCE.

       (a) Revision of Oath.--Section 337 of the Immigration and 
     Nationality Act (8 U.S.C. 1448) is amended--
       (1) in subsection (a), by striking ``under section 310(b) 
     an oath'' and all that follows through ``personal moral 
     code.'' and inserting ``under section 310(b), the oath (or 
     affirmation) of allegiance prescribed in subsection (e).''; 
     and
       (2) by adding at the end the following:
       ``(e)(1) Subject to paragraphs (2) and (3), the oath (or 
     affirmation) of allegiance prescribed in this subsection is 
     as follows: `I take this oath solemnly, freely, and without 
     any mental reservation. I absolutely and entirely renounce 
     all allegiance to any foreign state or power of which I have 
     been a subject or citizen. My fidelity and allegiance from 
     this day forward are to the United States of America. I will 
     bear true faith and allegiance to the Constitution and laws 
     of the United States, and will support and defend them 
     against all enemies, foreign and domestic. I will bear arms, 
     or perform noncombatant military or civilian service, on 
     behalf of the United States when required by law. This I do 
     solemnly swear, so help me God.'.
       ``(2) If a person, by reason of religious training and 
     belief (or individual interpretation thereof) or for other 
     reasons of good conscience, cannot take the oath prescribed 
     in paragraph (1)--
       ``(A) with the term `oath' included, the term `affirmation' 
     shall be substituted for the term `oath'; and
       ``(B) with the phrase `so help me God' included, the phrase 
     `so help me God' shall be omitted.
       ``(3) If a person shows by clear and convincing evidence to 
     the satisfaction of the Attorney General that such person, by 
     reason of religious training and belief, cannot take the oath 
     prescribed in paragraph (1)--
       ``(A) because such person is opposed to the bearing of arms 
     in the Armed Forces of the United States, the words `bear 
     arms, or' shall be omitted; and
       ``(B) because such person is opposed to any type of service 
     in the Armed Forces of the United States, the words `bear 
     arms, or' and `noncombatant military or' shall be omitted.
       ``(4) As used in this subsection, the term `religious 
     training and belief'--
       ``(A) means a belief of an individual in relation to a 
     Supreme Being involving duties superior to those arising from 
     any human relation; and
       ``(B) does not include essentially political, sociological, 
     or philosophical views or a merely personal moral code.
       ``(5) Any reference in this title to `oath' or `oath of 
     allegiance' under this section shall be deemed to refer to 
     the oath (or affirmation) of allegiance prescribed under this 
     subsection.''.
       (b) History and Government Test.--The Secretary shall 
     incorporate a knowledge and understanding of the meaning of 
     the Oath of Allegiance into the history and government test 
     given to applicants for citizenship.
       (c) Notice to Foreign Embassies.--Upon the naturalization 
     of a new citizen, the Secretary, in cooperation with the 
     Secretary of State, shall notify the embassy of the country 
     of which the new citizen was a citizen or subject that such 
     citizen has--
       (1) renounced allegiance to that foreign country; and
       (2) sworn allegiance to the United States.
       (d) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 6 months after the date 
     of the enactment of this Act.

                  Subtitle D--Celebrating New Citizens

     SEC. _41. ESTABLISHMENT OF NEW CITIZENS AWARD PROGRAM.

       (a) Establishment.--There is established a new citizens 
     award program to recognize citizens who--
       (1) have made an outstanding contribution to the United 
     States; and
       (2) are naturalized during the 10-year period ending on the 
     date of such recognition.
       (b) Presentation Authorized.--
       (1) In general.--The President is authorized to present a 
     medal, in recognition of outstanding contributions to the 
     United States, to citizens described in subsection (a).
       (2) Maximum number of awards.--Not more than 10 citizens 
     may receive a medal under this section in any calendar year.
       (c) Design and Striking.--The Secretary of the Treasury 
     shall strike a medal with suitable emblems, devices, and 
     inscriptions, to be determined by the President.
       (d) National Medals.--The medals struck pursuant to this 
     section are national medals for purposes of chapter 51 of 
     title 31, United States Code.

     SEC. _42. NATURALIZATION CEREMONIES.

       (a) In General.--The Secretary, in consultation with the 
     Director of the National Park Service, the Archivist of the 
     United States, and other appropriate Federal officials, shall 
     develop and implement a strategy to enhance the public 
     awareness of naturalization ceremonies.
       (b) Venues.--In developing the strategy under this section, 
     the Secretary shall consider the use of outstanding and 
     historic locations as venues for select naturalization 
     ceremonies.
       (c) Reporting Requirement.--The Secretary shall annually 
     submit a report to Congress that contains--
       (1) the content of the strategy developed under this 
     section; and
       (2) the progress made towards the implementation of such 
     strategy.

     SEC. __. EMPLOYER OBLIGATION TO DOCUMENT COMPARABLE JOB 
                   OPPORTUNITIES.

       (a) In General.--Section 218B(b) of the Immigration and 
     Nationality Act, as added by section 403 of this Act, is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) in subparagraph (D), by striking the period at the end 
     and insert ``; and''; and
       (C) by adding at the end the following:
       ``(E) documenting that for a period of not less than 90 
     days before the date an application is filed under subsection 
     (a)(1), and for a period of 1 year after the date that such 
     application is filed, every comparable job opportunity 
     (including those in the same occupation for which an 
     application for a Y-1 worker is made, and all other job 
     opportunities for which comparable education, training, or 
     experience are required), that becomes available at the 
     employer is posted to the designated State employment service 
     agency, 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, and 
     the designated State agency has been authorized--
       ``(i) to post all such job opportunities on the Internet 
     website established under section 414 of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007, with 
     local job banks, and with unemployment agencies and other 
     referral and recruitment sources pertinent to the job 
     involved; and
       ``(ii) 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.'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (3) by inserting after paragraph (1), the following:
       ``(2) Penalty for failure to document compliance.--The 
     failure of an employer to document compliance with paragraph 
     (1)(E) shall result in the employer's ineligibility to make a 
     subsequent application under subsection (a)(1) during the 1-
     year period following the initial application. The Secretary 
     of Labor shall routinely publicize the requirement under 
     paragraph (1)(E) in communications with employers, and 
     encourage State agencies to also publicize such requirement, 
     to help employers become aware of and comply with such 
     requirement in a timely manner.''.
       (b) Definition of Employer.--Section 274A(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(b)), as 
     amended by subsection (a) of the first section 302 (relating 
     to unlawful employment of aliens), is further amended by 
     striking paragraph (2).

     SEC. __. TREATMENT OF CERTAIN NATIONALS OF IRAQ.

       (a) Requirement for Rehearing of Certain Claims Denied on 
     Basis of Changed Country Conditions.--Section 208(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended 
     by adding at the end the following:
       ``(4) Changed country conditions.--The Attorney General 
     shall accept and grant a motion filed not later than 6 months 
     after the date of the enactment of this paragraph for 
     rehearing before an immigration judge of an application for 
     asylum or withholding of removal if the alien--
       ``(A) is a religious minority from Iraq whose claim was 
     denied by an immigration judge in whole or in part on the 
     basis of changed country conditions on or after March 1, 
     2003; and
       ``(B) has remained in the United States as of the date of 
     the enactment of this paragraph.''.
       (b) Consideration of Certain Nationals From Iraq as 
     Priority 2 Refugees.--Subject to the numerical limitations 
     established pursuant to section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157), the Secretary of State or a 
     designee of the Secretary shall present to the Secretary of 
     Homeland Security, and the Secretary of

[[Page S8563]]

     Homeland Security or a designee of the Secretary shall 
     adjudicate, any application for refugee status under section 
     207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
     submitted by an applicant who--
       (1) is a national of Iraq;
       (2) is able to demonstrate that he or she is a member of a 
     religious minority group in Iraq; and
       (3) is able to demonstrate that he or she left Iraq before 
     January 1, 2007, and has resided outside Iraq since that 
     time.

     SEC. __. PREEMPTION.

       In section 274A(i) of the Immigration and Nationality Act, 
     as amended by section 302(a) of this Act, strike paragraph 
     (2) and insert the following:
       ``(2) Preemption.--This section preempts any State or local 
     law that--
       ``(A) requires the use of the EEVS in a manner that--
       ``(i) conflicts with any Federal policy, procedure, or 
     timetable; or
       ``(ii) imposes a civil or criminal sanction (other than 
     through licensing or other similar laws) on a person that 
     employs, or recruits or refers for a fee for employment, any 
     unauthorized alien; and
       ``(B) requires, as a condition of conducting, continuing, 
     or expanding a business, that, to achieve compliance with 
     subsection (a) or (b), a business entity--
       ``(i) shall provide, build, fund, or maintain a shelter, 
     structure, or designated area at or near the place of 
     business of the entity for use by--

       ``(I) any individual who is not an employee of the business 
     entity who enters or seeks to enter the property of the 
     entity for the purpose of seeking employment by the entity; 
     or
       ``(II) any contractor, customer, or other person over which 
     the business entity has no authority; or

       ``(ii) shall carry out any other activity to facilitate the 
     employment by others of--

       ``(I) any individual who is not an employee of the business 
     entity who enters or seeks to enter the property of the 
     entity for the purpose of seeking employment by the entity; 
     or
       ``(II) any contractor, customer, or other person over which 
     the business entity has no authority.''.

     SEC. __. CLARIFYING AMENDMENTS REGARDING THE USE OF SOCIAL 
                   SECURITY CARDS.

       (a) Use of Social Security Cards to Establish Identity and 
     Employment Authorization.--Section 274A of the Immigration 
     and Nationality Act, as amended by section 302, is further 
     amended--
       (1) in subsection (c)(1)--
       (A) in subparagraph (B)--
       (i) in clause (ii)(III), by striking ``; or'' and inserting 
     a semicolon;
       (ii) in clause (iii), by striking the end period and 
     inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(iv) social security card (other than a card that 
     specifies on its face that the card is not valid for 
     establishing employment authorization in the United States) 
     that bears a photograph and meets the standards established 
     under section 716(d) of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, upon the 
     recommendation of the Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, 
     pursuant to section 716(f)(1) of such Act.''; and
       (B) in subparagraph (D)(i), by striking ``may'' and 
     inserting ``shall, not later than the date on which the 
     report described in section 716(f)(1) of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007, is 
     submitted,''; and
       (2) in subsection (d)(9)(B)(v)(I), by striking ``as 
     specified in (D)'' and inserting ``as specified in 
     subparagraph (D), including photographs and any other 
     biometric information as may be required''.
       (b) Access to Social Security Card Information.--Section 
     205(c)(2)(I)(i) of the Social Security Act, as added by 
     section 308, is further amended by inserting at the end of 
     the flush text at the end the following new sentence: ``As 
     part of the employment eligibility verification system 
     established under section 274A of the Immigration and 
     Nationality Act, the Commissioner of Social Security shall 
     provide to the Secretary of Homeland Security access to any 
     photograph, other feature, or information included in the 
     social security card.''
       (c) Increasing Security and Integrity of Social Security 
     Cards.--Notwithstanding any other provision of this Act, 
     section 305 of this Act is repealed.
       (d) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant 
     Social Security Cards.--
       (1) Issuance.--Not later than first day of the second 
     fiscal year in which amounts are appropriated pursuant to the 
     authorization of appropriations in subsection (g), the 
     Commissioner of Social Security shall begin to administer and 
     issue fraud-resistant, tamper-resistant, and wear-resistant 
     social security cards displaying a photograph.
       (2) Interim.--Not later than the first day of the seventh 
     fiscal year in which amounts are appropriated pursuant to the 
     authorization of appropriations in subsection (g), the 
     Commissioner of Social Security shall issue only fraud-
     resistant, tamper-resistant, and wear-resistant social 
     security cards displaying a photograph.
       (3) Completion.--Not later than the first day of the tenth 
     fiscal year in which amounts are appropriated pursuant to the 
     authorization of appropriations in subsection (g), all social 
     security cards that are not fraud-resistant, tamper-
     resistant, and wear-resistant shall be invalid for 
     establishing employment authorization for any individual 16 
     years of age or older.
       (4) Exemption.--Nothing in this section shall require an 
     individual under the age of 16 years to be issued or to 
     present for any purpose a social security card described in 
     this subsection. Nothing in this section shall prohibit the 
     Commissioner of Social Security from issuing a social 
     security card not meeting the requirements of this subsection 
     to an individual under the age of 16 years who otherwise 
     meets the eligibility requirements for a social security 
     card.
       (e) Additional Duties of the Social Security 
     Administration.--In accordance with the responsibilities of 
     the Commissioner of Social Security under section 
     205(c)(2)(I) of the Social Security Act, as added by section 
     308, the Commissioner--
       (1) shall issue a social security card to an individual at 
     the time of the issuance of a social security account number 
     to such individual, which card shall--
       (A) contain such security and identification features as 
     determined by the Secretary of Homeland Security, in 
     consultation with the Commissioner; and
       (B) be fraud-resistant, tamper-resistant, and wear-
     resistant;
       (2) in consultation with the Secretary of Homeland 
     Security, shall issue regulations specifying such particular 
     security and identification features, renewal requirements 
     (including updated photographs), and standards for the social 
     security card as necessary to be acceptable for purposes of 
     establishing identity and employment authorization under the 
     immigration laws of the United States; and
       (3) may 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.
       (f) Reporting Requirements.--
       (1) Report on the use of identification documents.--Not 
     later than the first day of the tenth fiscal year in which 
     amounts are appropriated pursuant to the authorization of 
     appropriations in subsection (g), the Secretary of Homeland 
     Security shall submit to Congress a report recommending which 
     documents, if any, among those described in section 
     274A(c)(1) of the Immigration and Nationality Act, should 
     continue to be used to establish identity and employment 
     authorization in the United States.
       (2) Report on implementation.--Not later than 12 months 
     after the date on which the Commissioner begins to administer 
     and issue fraud-resistant, tamper-resistant, and wear-
     resistant cards under subsection (d)(1), and annually 
     thereafter, the Commissioner shall submit to Congress a 
     report on the implementation of this section. The report 
     shall include analyses of the amounts needed to be 
     appropriated to implement this section, and of any measures 
     taken to protect the privacy of individuals who hold social 
     security cards described in this section.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section and the amendments made by this section.

     SEC. __. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO 
                   ENUMERATION OR FOR ANY PERIOD WITHOUT WORK 
                   AUTHORIZATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended--
       (1) by striking subsections (c) and (d), as added by 
     section 607, and inserting the following:
       ``(c) The criterion specified in this subsection is that 
     the individual, if not a citizen or national of the United 
     States--
       ``(1) has been assigned a social security account number 
     that was, at the time of assignment, or at any later time, 
     consistent with the requirements under subclause (I) or (III) 
     of section 205(c)(2)(B)(i); or
       ``(2) at the time any such quarters of coverage are 
     earned--
       ``(A) is described in subparagraph (B) or (D) of section 
     101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15));
       ``(B) is lawfully admitted temporarily to the United States 
     for business (in the case of an individual described in such 
     subparagraph (B)) or the performance as a crewman (in the 
     case of an individual described in such subparagraph (D)); 
     and
       ``(C) the business engaged in, or service as a crewman 
     performed, is within the scope of the terms of such 
     individual's admission to the United States.
       ``(d)(1) Except as provided in paragraph (2), no quarter of 
     coverage shall be credited for purposes of this section if, 
     with respect to any individual who is assigned a social 
     security account number on or after the date of the enactment 
     of the Secure Borders, Economic Opportunity and Immigration 
     Reform Act of 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, at such time 
     such quarter of coverage is earned, satisfies the criterion 
     specified in subsection (c)(2).''.
       (b) Benefit Computation.--Section 215(e)(3) of such Act, as 
     added by section 607(b)(3), is amended--
       (1) by inserting ``who is assigned a social security 
     account number on or after the date of enactment of the 
     Secure Borders, Economic Opportunity and Immigration Reform 
     Act of 2007'' after ``earnings of an individual'';

[[Page S8564]]

       (2) by striking ``for any year''; and
       (3) by striking ``section 214(c)'' and inserting ``section 
     214(d)''.
       (c) Effective Date.--Notwithstanding section 607(c), the 
     amendments made by this section and by section 607 shall take 
     effect on the date of the enactment of this Act.

     SEC. __. PROTECTION FOR SCHOLARS.

       (a) Nonimmigrant Category.--Section 101(a)(15) (8 U.S.C. 
     1101(a)(15)) of the Immigration and Nationality Act is 
     amended by striking subparagraph (W), as added by section 
     401(a)(4), and inserting the following:
       ``(W) subject to section 214(s), an alien--
       ``(i) who the Secretary of Homeland Security determines--

       ``(I) is a scholar; and
       ``(II) is subject to a risk of grave danger or persecution 
     in the alien's country of nationality on account of the 
     alien's belief, scholarship, or identity; or

       ``(ii) who is the spouse or child of an alien described in 
     clause (i) who is accompanying or following to join such 
     alien;''.
       (b) Conditions.--Section 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184), as amended by this Act, is 
     further amended by adding at the end the following:
       ``(s) Requirements Applicable to Persecuted Scholars.--
       ``(1) Eligibility.--
       ``(A) In general.--An alien is eligible for nonimmigrant 
     status under section 101(a)(15)(W)(i) if the alien 
     demonstrates that the alien is a scholar in any field who is 
     subject to a risk of grave danger or persecution in the 
     alien's country of nationality on account of the alien's 
     belief, scholarship, or identity.
       ``(B) Consultation.--In determining eligibility of aliens 
     under subparagraph (A), the Secretary of Homeland Security 
     shall consult with nationally recognized organizations that 
     have not less than 5 years of experience in assisting and 
     funding scholars needing to escape dangerous conditions.
       ``(2) Numerical minimums.--The number of aliens who may be 
     issued visas or otherwise provided status as nonimmigrants 
     under section 1101(a)(15)(W) in any fiscal year may not be 
     less than 2,000, unless the Secretary determines that less 
     than 2,000 aliens who are qualified for such status are 
     seeking such status during the fiscal year.
       ``(3) Credible evidence considered.--In acting on any 
     application filed under this subsection, the consular officer 
     or the Secretary of Homeland Security, as appropriate, shall 
     consider any credible evidence relevant to the application, 
     including information received in connection with the 
     consultation required under paragraph (1)(B).
       ``(4) Nonexclusive relief.--Nothing in this subsection 
     limits the ability of an alien who qualifies for status under 
     section 101(a)(15)(W) to seek any other immigration benefit 
     or status for which the alien may be eligible.
       ``(5) Duration of status.--
       ``(A) Initial period.--The initial period of admission of 
     an alien granted status as a nonimmigrant under section 
     101(a)(15)(W) shall be not more than 2 years.
       ``(B) Extension of period.--The period of admission 
     described in subparagraph (A) may be extended for 1 
     additional 2-year period.''.

     SEC. __. REPORT ON Y NONIMMIGRANT VISAS.

       (a) In General.--The Secretary of Homeland Security shall 
     annually report to Congress on the number of Y nonimmigrant 
     visa holders that do not report at a port of departure and 
     return to their foreign residence, as required under section 
     218A(j)(3) of the Immigration and Nationality Act, as added 
     by section 402 of this Act.
       (b) Timing of Reports.--
       (1) Initial report.--The initial report required under 
     subsection (a) shall be submitted to Congress not later than 
     2 years and 2 months after the date on which the Secretary of 
     Homeland Security makes the certification described in 
     section 1(a) of this Act.
       (2) Subsequent reports.--Following the submission of the 
     initial report under paragraph (1), each subsequent report 
     required under subsection (a) shall be submitted to Congress 
     not later than 60 days after the end of each calendar year.
       (c) Required Action.--Based upon the findings in the 
     reports required under subsection (a), the Secretary, for the 
     following calendar year, shall reduce the number of available 
     Y nonimmigrant visas by a number which is equal to the number 
     of Y nonimmigrant visa holders who do not return to their 
     foreign residence, as required under section 218A(j)(3) of 
     the Immigration and Nationality Act, as added by section 402 
     of this Act.
       (d) Information Sharing.--Title II of the Immigration and 
     Nationality Act (8 U.S.C. 1151 et. seq.) is amended by adding 
     after section 240D, as added by section 223(a) of this Act, 
     the following:

     ``SEC. 240E. INFORMATION SHARING WITH STATE AND LOCAL LAW 
                   ENFORCEMENT AGENCIES AND POLITICAL SUBDIVISIONS 
                   AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.

       ``(a) Authority.--Consistent with the authority of State 
     and local law enforcement agencies and political subdivisions 
     to assist the Federal Government in the enforcement of 
     Federal immigration laws, the Secretary of Homeland Security 
     or the Attorney General may make available information 
     collected and maintained pursuant to any provision of this 
     Act. Nothing in this section may be construed to require law 
     enforcement personnel of a State or a political subdivision 
     to assist in the enforcement of the immigration laws of the 
     United States.
       ``(b) 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.
       ``(c) 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 (a)(1).
       ``(2) Cost computation.--Compensation provided for costs 
     incurred under subparagraphs (A) and (B) of subsection (a)(1) 
     shall be equal to--
       ``(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 
     (b) and the time of transfer into Federal custody.
       ``(d) 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.
       ``(e) 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 (b), into Federal custody.
       ``(f) Contract Authority.--
       ``(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 may 
     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.
       ``(g) Provision of Information to National Crime 
     Information Center.--
       ``(1) In general.--Except as provided in paragraph (3), not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary shall provide to the head of the National 
     Crime Information Center of the Department of Justice the 
     information that the Secretary has or maintains related to 
     any alien--
       ``(A) against whom a final order of removal has been 
     issued;
       ``(B) who enters into a voluntary departure agreement, or 
     is granted voluntary departure by an immigration judge, whose 
     period for departure has expired under subsection

[[Page S8565]]

     (a)(3) or (b)(2) of section 240B or who has violated a 
     condition of a voluntary departure agreement under section 
     240B;
       ``(C) whom a Federal immigration officer has confirmed to 
     be unlawfully present in the United States; and
       ``(D) whose visa has been revoked.
       ``(2) Removal of information.--The head of the National 
     Crime Information Center shall promptly remove any 
     information provided by the Secretary under paragraph (1) 
     related to an alien who is granted lawful authority to enter 
     or remain legally in the United States.
       ``(3) Procedure for removal of erroneous information.--The 
     Secretary, in consultation with the head of the National 
     Crime Information Center of the Department of Justice, shall 
     develop and implement a procedure by which an alien may 
     petition the Secretary or head of the National Crime 
     Information Center, as appropriate, to remove any erroneous 
     information provided by the Secretary under paragraph (1) 
     related to such alien. Under such procedures, failure by the 
     alien to receive notice of a violation of the immigration 
     laws shall not constitute cause for removing information 
     provided by the Secretary under paragraph (1) related to such 
     alien, unless such information is erroneous. Notwithstanding 
     the 180-day time period set forth in paragraph (1), the 
     Secretary shall not provide the information required under 
     paragraph (1) until the procedures required by this paragraph 
     are developed and implemented.''.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $850,000,000 for fiscal year 2008 and for 
     each subsequent fiscal year for the detention and removal of 
     aliens who are not lawfully present in the United States 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et. 
     seq.).
       (f) Definition of Good Moral Character.--Section 101(f) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(f)) is 
     amended--
       (1) by inserting after paragraph (1) the following:
       ``(2) an alien described in section 212(a)(3) or 237(a)(4), 
     as determined by the Secretary of Homeland Security or 
     Attorney General, based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information;'';
       (2) in paragraph (8), by striking ``(as defined in 
     subsection (a)(43))'' and inserting the following: 
     ``regardless of whether the crime was defined as an 
     aggravated felony under subsection (a)(43) at the time of the 
     conviction, unless--
       ``(A) the person completed the term of imprisonment and 
     sentence not later than 10 years before the date of 
     application; and
       ``(B) the Secretary of Homeland Security or the Attorney 
     General waives the application of this paragraph; or''.
       (3) in the undesignated matter following paragraph (9), by 
     striking ``a finding that for other reasons such person is or 
     was not of good moral character.'' and inserting ``a 
     discretionary finding for other reasons that such a person is 
     or was not of good moral character. In determining an 
     applicant's moral character, the Secretary of Homeland 
     Security and the Attorney General may take into consideration 
     the applicant's conduct and acts at any time and are not 
     limited to the period during which good moral character is 
     required.''.
       (g) Pending Proceedings.--Section 204(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1154(b)) is amended by adding 
     at the end the following: ``A petition may not be approved 
     under this section if there is any administrative or judicial 
     proceeding (whether civil or criminal) pending against the 
     petitioner that could directly or indirectly result in the 
     petitioner`s denaturalization or the loss of the petitioner's 
     lawful permanent resident status.''.
       (h) Conditional Permanent Resident Status.--
       (1) In general.--Section 216(e) of the Immigration and 
     Nationality Act (8 U.S.C. 1186a(e)) is amended by inserting 
     ``if the alien has had the conditional basis removed pursuant 
     to this section'' before the period at the end.
       (2) Certain alien entrepreneurs.--Section 216A(e) of such 
     Act (8 U.S.C. 1186b(e)) is amended by inserting ``if the 
     alien has had the conditional basis removed pursuant to this 
     section'' before the period at the end.
       (i) Judicial Review of Naturalization Applications.--
     Section 310(c) of the Immigration and Nationality Act (8 
     U.S.C. 1421(c)) is amended--
       (1) by inserting ``, not later than 120 days after the 
     Secretary of Homeland Security's final determination,'' after 
     ``may''; and
       (2) by adding at the end the following: ``In any 
     proceeding, other than a proceeding under section 340, the 
     court shall review for substantial evidence the 
     administrative record and findings of the Secretary of 
     Homeland Security regarding whether an alien is a person of 
     good moral character, understands and is attached to the 
     principles of the Constitution of the United States, or is 
     well disposed to the good order and happiness of the United 
     States. The petitioner shall have the burden of showing that 
     the Secretary's denial of the application was contrary to 
     law.''.
       (j) Persons Endangering National Security.--Section 316 of 
     the Immigration and Nationality Act (8 U.S.C. 1427) is 
     amended by adding at the end the following:
       ``(g) Persons Endangering the National Security.--A person 
     may not be naturalized if the Secretary of Homeland Security 
     determines, based upon any relevant information or evidence, 
     including classified, sensitive, or national security 
     information, that the person was once an alien described in 
     section 212(a)(3) or 237(a)(4).''.
       (k) Concurrent Naturalization and Removal Proceedings.--
     Section 318 of the Immigration and Nationality Act (8 U.S.C. 
     1429) is amended by striking ``the Attorney General if'' and 
     all that follows and inserting ``the Secretary of Homeland 
     Security or any court if there is pending against the 
     applicant any removal proceeding or other proceeding to 
     determine the applicant's inadmissibility or deportability, 
     or to determine whether the applicant's lawful permanent 
     resident status should be rescinded, regardless of when such 
     proceeding was commenced. The findings of the Attorney 
     General in terminating removal proceedings or canceling the 
     removal of an alien under this Act shall not be deemed 
     binding in any way upon the Secretary of Homeland Security 
     with respect to the question of whether such person has 
     established eligibility for naturalization in accordance with 
     this title.''.
       (l) District Court Jurisdiction.--Section 336(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1447(b)) is amended 
     to read as follows:
       ``(b) Request for Hearing Before District Court.--If there 
     is a failure to render a final administrative decision under 
     section 335 before the end of the 180-day period beginning on 
     the date on which the Secretary of Homeland Security 
     completes all examinations and interviews required under such 
     section, the applicant may apply to the district court for 
     the district in which the applicant resides for a hearing on 
     the matter. The Secretary shall notify the applicant when 
     such examinations and interviews have been completed. Such 
     district court shall only have jurisdiction to review the 
     basis for delay and remand the matter, with appropriate 
     instructions, to the Secretary for the Secretary's 
     determination on the application.''.

     SEC. __. REPORT ON Y NONIMMIGRANT VISAS.

       (a) In General.--The Secretary of Homeland Security shall 
     annually report to Congress on the number of Y nonimmigrant 
     visa holders that do not report at a port of departure and 
     return to their foreign residence, as required under section 
     218A(j)(3) of the Immigration and Nationality Act, as added 
     by section 402 of this Act.
       (b) Timing of Reports.--
       (1) Initial report.--The initial report required under 
     subsection (a) shall be submitted to Congress not later than 
     26 months after the date on which the Secretary of Homeland 
     Security makes the certification described in section 1(a).
       (2) Subsequent reports.--Following the submission of the 
     initial report under paragraph (1), each subsequent report 
     required under subsection (a) shall be submitted to Congress 
     not later than 60 days after the end of each calendar year.
       (c) Required Action.--Based upon the findings in the 
     reports required under subsection (a), the Secretary, for the 
     following calendar year, shall reduce the number of available 
     Y nonimmigrant visas by a number which is equal to the number 
     of Y nonimmigrant visa holders who do not return to their 
     foreign residence, as required under section 218A(j)(3) of 
     the Immigration and Nationality Act, as added by section 402 
     of this Act.

                        TITLE __--MISCELLANEOUS

                       Subtitle A--Other Matters

     SEC. __. MEDICAL SERVICES IN UNDERSERVED AREAS.

       (a) Federal Physician Waiver Program.--Section 214(l) of 
     the Immigration and Nationality Act (8 U.S.C. 1184(l)), as 
     amended by section 425(b), is further amended by adding at 
     the end the following:
       ``(5) In administering the Federal physician waiver program 
     authorized under paragraph (1)(C), the Secretary of Health 
     and Human Services shall accept applications from--
       ``(A) primary care physicians and physicians practicing 
     specialty medicine; and
       ``(B) hospitals and health care facilities of any type 
     located in an area that the Secretary has designated as 
     having a shortage of physicians, including--
       ``(i) a Health Professional Shortage Area (as defined in 
     section 332(a)(1) of the Public Health Service Act (42 U.S.C. 
     254e(a)(1)));
       ``(ii) a Mental Health Professional Shortage Area;
       ``(iii) a Medically Underserved Area (as defined in section 
     330I(a)(4) of the Public Health Service Act (42 U.S.C. 254c-
     14(a)(4)));
       ``(iv) a Medically Underserved Population (as defined in 
     section 330(b)(3) of the Public Health Service Act (42 U.S.C. 
     254b(b)(3))); or
       ``(v) a Physician Scarcity Areas (as identified under 
     section 1833(u)(4) of the Social Security Act (42 U.S.C. 
     13951(u)(4))).
       ``(6) Any employer shall be deemed to have met the 
     requirements under paragraph (1)(D)(iii) if the facility of 
     the employer is located in an area listed in paragraph 
     (5)(B).''.
       (b) Retaining American-Trained Physicians in Physician 
     Shortage Communities.--Section 201(b)(1) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by 
     adding at the end the following:
       ``(F) Alien physicians who have completed service 
     requirements under section 214(l).''.

     SEC. __. REPORT ON PROCESSING OF VISA APPLICATIONS.

       Not later than February 1, 2008, and each year thereafter 
     through 2011, the Secretary of State shall submit a report to 
     the Committee on Foreign Relations and the Committee on the 
     Judiciary of the Senate and

[[Page S8566]]

     the Committee on Foreign Affairs and the Committee on the 
     Judiciary of the House of Representatives that includes the 
     following information with respect to each visa-issuing post 
     operated by the Department of State where, during the fiscal 
     year preceding the report, the length of time between the 
     submission of a request for a personal interview for a 
     nonimmigrant visa and the date of the personal interview of 
     the applicant exceeded, on average, 30 days:
       (1) The number of visa applications submitted in each of 
     the 3 preceding fiscal years, including information regarding 
     each type of visa applied for.
       (2) The number of visa applications that were approved in 
     each of the 3 preceding fiscal years, including information 
     regarding the number of each type of visa approved.
       (3) The number of visa applications in each of the 3 
     preceding fiscal years that were subject to a Security 
     Advisory Opinion or similar specialized review.
       (4) The average length of time between the submission of a 
     visa application and the personal interview of the applicant 
     in each of the 3 preceding fiscal years, including 
     information regarding the type of visa applied for.
       (5) The percentage of visa applicants who were refused a 
     visa in each of the 3 preceding fiscal years, including 
     information regarding the type of visa applied for.
       (6) The number of consular officers processing visa 
     applications in each of the 3 preceding fiscal years.
       (7) A description of each new procedure or program designed 
     to improve the processing of visa applications that was 
     implemented in each of the 3 preceding fiscal years.
       (8) A description of construction or improvement of 
     facilities for processing visa applications in each of the 3 
     preceding fiscal years.
       (9) A description of particular communications initiatives 
     or outreach undertaken to communicate the visa application 
     process to potential or actual visa applicants.
       (10) An analysis of the facilities, personnel, information 
     systems, and other factors affecting the duration of time 
     between the submission of a visa application and the personal 
     interview of the applicant, and the impact of those factors 
     on the quality of the review of the application.
       (11) Specific recommendations as to any additional 
     facilities, personnel, information systems, or other 
     requirements that would allow the personal interview to occur 
     not more than 30 days following the submission of a visa 
     application.

     SEC. __. REPEAL OF SPECIAL RULE FOR ALIENS TO PROVIDE MEDICAL 
                   SERVICES.

       The amendments made by paragraph (3) of section 425(h) are 
     null and void and shall have no effect.

     SEC. __. TECHNICAL CORRECTION TO QUALIFICATIONS FOR CERTAIN 
                   IMMIGRANTS.

       (a) Repeal of Technical Amendment.--The amendment made by 
     paragraph (6) of subsection (e) of the first section 502 
     (relating to increasing American competitiveness through a 
     merit-based evaluation system for immigrants) is null and 
     void and shall have no effect.
       (b) Repeal of Labor Certification Requirement.--Paragraph 
     (5) of section 212(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)) is amended--
       (1) by striking subparagraph (A); and
       (2) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (A), (B), and (C), respectively.

     SEC. __. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR 
                   ATHLETES, ARTISTS, ENTERTAINERS, AND OTHER 
                   ALIENS OF EXTRAORDINARY ABILITY.

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

     SEC. __. REPORTS ON BACKGROUND AND SECURITY CHECKS.

       (a) Repeal of Report Requirement.--The requirement set out 
     in subsection (c) of section 216 that the Director of the 
     Federal Bureau of Investigation shall submit the report 
     described in such subsection is null and void and shall have 
     no effect.
       (b) Reports on Background and Security Checks.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States, in conjunction with the Director of the 
     Federal Bureau of Investigation, shall submit to the 
     appropriate congressional committees a report on the 
     background and security checks conducted by the Federal 
     Bureau of Investigation.
       (2) Content.--The report submitted under paragraph (1) 
     shall include--
       (A) a description of the background and security check 
     program;
       (B) an analysis of resources devoted to the name check 
     program, including personnel and support;
       (C) a statistical analysis of the background and security 
     check delays associated with different types of name check 
     requests, such as those requested by United States 
     Citizenship and Immigration Services or the Office of 
     Personnel Management, including--
       (i) the number of background checks conducted on behalf of 
     requesting agencies, by agency and type of requests (such as 
     naturalization or adjustment of status); and
       (ii) the average time spent on each type of background 
     check described under subparagraph (A), including the time 
     from the submission of the request to completion of the check 
     and the time from the initiation of check processing to the 
     completion of the check;
       (D) a description of the obstacles that impede the timely 
     completion of such background checks;
       (E) a discussion of 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 60 days; and
       (F) a plan for the automation of all investigative records 
     related to the name check process.
       (3) Annual report on delayed background checks.--Not later 
     than the end of each fiscal year, the Attorney General shall 
     submit to the appropriate congressional committees a report 
     containing, with respect to that fiscal year--
       (A) a statistical analysis of the number of background 
     checks processed and pending, including check requests in 
     process at the time of the report and check requests that 
     have been received but are not yet in process;
       (B) the average time taken to complete each type of 
     background check;
       (C) a description of efforts made and progress by the 
     Attorney General in addressing any delays in completing such 
     background checks; and
       (D) a description of the progress that has been made in 
     automating files used in the name check process, including 
     investigative files of the Federal Bureau of Investigation.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on the Judiciary of the Senate;
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (3) the Committee on the Judiciary of the House of 
     Representatives; and
       (4) the Committee on Homeland Security of the House of 
     Representatives.

     SEC. __. ADDITIONAL CUSTOMS AND BORDER PROTECTION OFFICERS 
                   FOR HIGH VOLUME PORTS.

       Subject to the availability of appropriations, before the 
     end of fiscal year 2008 the Secretary of Homeland Security 
     shall employ not less than an additional 200 Customs and 
     Border Protection officers to address staff shortages at the 
     20 United States international airports with the highest 
     number of foreign visitors arriving annually, as determined 
     pursuant to the most recent data collected by the United 
     States Customs and Border Protection available on the date of 
     the enactment of this Act.

     SEC. __. REPEAL OF ENGLISH LEARNING PROGRAM.

       The requirements of section 711 are null and void and such 
     section shall have no effect.

     SEC. __. REPEAL OF AUTHORIZATION OF ADDITIONAL PORTS OF 
                   ENTRY.

       The requirements of the first section 104 (relating to 
     ports entry) are null and void and such section shall have no 
     effect.

     SEC. __. LIMITATION ON SECURE COMMUNICATION REQUIREMENT.

       Notwithstanding section 123, the Secretary may develop and 
     implement the plan described in such section only subject to 
     the availability of appropriations for such purpose.

     SEC. __. DEPOSIT OF STATE IMPACT ASSISTANCE FUNDS.

       Notwithstanding clause (ii) of subsection (e)(6)(E) of the 
     first section 601 (included in title IV relating to 
     nonimmigrants in the United States previously in unlawful 
     status), the fees collected under subparagraph (C) of 
     subsection (e)(6) of such section 601 shall be deposited in 
     the State Impact Assistance Account established under the 
     first subsection (x) (relating to the State Impact Assistance 
     Account) of section 286 of the Immigration and Nationality 
     Act, as added by subsection (b) of the first section 402 
     (relating to admission of nonimmigrant workers), and used for 
     the purposes described in such section 286(x).

[[Page S8567]]

     SEC. __. ADDITIONAL REQUIREMENTS FOR THE BORDER PATROL 
                   TRAINING CAPACITY REVIEW.

       (a) Additional Component of Review.--The review conducted 
     under subsection (a) of section 128 shall include an 
     evaluation of the positive and negative impacts of 
     privatizing border patrol training, including an evaluation 
     of the impact of privatization on the quality, morale, and 
     consistency of border patrol agents.
       (b) Considerations.--In conducting the review under 
     subsection (a) of section 128, the Comptroller General of the 
     United States shall consider--
       (1) the report by the Government Accountability Office 
     entitled ``Homeland Security: Information on Training New 
     Border Patrol Agents'' and dated March 30, 2007;
       (2) the ability of Federal providers of border patrol 
     training, as compared to private providers of similar 
     training, to incorporate time-sensitive changes based on the 
     needs of an agency or changes in the law;
       (3) the ability of a Federal agency, as compared to a 
     private entity, to defend the Federal agency or private 
     entity, as applicable, from lawsuits involving the nature, 
     quality, and consistency of law enforcement training; and
       (4) whether any other Federal training would be more 
     appropriate and cost efficient for privatization than basic 
     border patrol training.
       (c) Consultation.--In conducting the review under 
     subsection (a) of section 128, the Comptroller General of the 
     United States shall consult with--
       (1) the Secretary of Homeland Security;
       (2) the Commissioner of the Bureau of Customs and Border 
     Protection; and
       (3) the Director of the Federal Law Enforcement Training 
     Center.

     SEC. __. Y-2B VISA ALLOCATION BETWEEN THE FIRST AND SECOND 
                   HALVES OF EACH FISCAL YEAR.

       (a) Numerical Limitations.--Section 214(g)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)), as 
     amended by section 409(1), is further amended in subparagraph 
     (D) by striking ``101(a)(15)(Y)(ii)(II)'' and inserting 
     ``101(a)(15)(Y)(ii)''.
       (b) Technical Correction.--
       (1) Repeal.--The amendment made by paragraph (3) of section 
     409 shall be null and void and shall have no effect.
       (2) Correction.--Paragraph (10)(A) of section 214(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)), as 
     redesignated by paragraph (2) of section 409, is amended by 
     striking ``an alien who has already been counted toward the 
     numerical limitation of paragraph (1)(B) during fiscal year 
     2004, 2005, or 2006 shall not 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.''.
       (c) Allocation.--Paragraph (11) of section 214(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)), as 
     redesignated by section 409(2), is amended--
       (1) by inserting ``(A)'' before ``The''; and
       (2) by adding at the end the following:
       ``(B) The numerical limitations under paragraph (1)(D) 
     shall be allocated for each fiscal year to ensure that the 
     total number of aliens subject to such numerical limits who 
     enter the United States pursuant to a visa or are accorded 
     nonimmigrant status under section 101(a)(15)(Y)(ii) during 
     the first 6 months of such fiscal year is not greater than 50 
     percent of the total number of such visas available for that 
     fiscal year.''.

     SEC. __. H-2A STATUS FOR FISH ROE PROCESSORS AND TECHNICIANS.

       Section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended 
     by inserting ``for employment as a fish roe processor or fish 
     roe technician or'' before ``to perform agricultural labor or 
     services''.

     SEC. __. AUTHORITY FOR ALIENS WITH PROBATIONARY Z 
                   NONIMMIGRANT STATUS TO SERVE IN THE ARMED 
                   FORCES.

       An alien who files an application for Z nonimmigrant status 
     shall under the first section 601 (included in title IV 
     relating to nonimmigrants in the United States previously in 
     unlawful status), upon submission of any evidence required 
     under paragraphs (f) and (g) of such section 601 and after 
     the Secretary of Homeland Security 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 shall be 
     eligible to serve as a member of the Armed Forces of the 
     United States.

     SEC. __. CONSULTATION WITH CONGRESS.

       Notwithstanding subsection (a) of the first section 1 
     (relating to effective date triggers), the certification by 
     the Secretary of Homeland Security under such subsection (a) 
     shall be prepared in consultation with the Comptroller 
     General, the Committee on the Judiciary and the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on the Judiciary and the Committee on Homeland 
     Security of the House of Representatives.

     SEC. __. ESTABLISHMENT OF A CITIZENSHIP AND IMMIGRATION 
                   SERVICES OFFICE IN FAIRBANKS, ALASKA.

       (a) In General.--The Secretary of Homeland Security, acting 
     through the Director for United States Citizenship and 
     Immigration Services, shall establish an office under the 
     jurisdiction of the Director in Fairbanks, Alaska, to provide 
     citizenship and immigration services.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated for each fiscal year such sums as may be 
     necessary to carry out this section.

     SEC. __. PILOT PROGRAM RELATED MEDICAL SERVICES IN 
                   UNDERSERVED AREAS.

       Clause (iii) of section 214(l)(4)(C) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(l)), as amended by section 
     425(b)(1), is amended by striking subclause (I) and inserting 
     the following:
       ``(I) with respect to a State, for the first fiscal year of 
     the pilot program conducted under this paragraph, the greater 
     of--

       ``(aa) 15; or
       ``(bb) the number of the waivers received by the State in 
     the previous fiscal year;''.

     SEC. __. ESTABLISHMENT OF AN ADDITIONAL UNITED STATES 
                   ATTORNEY OFFICE AND AN ADDITIONAL IMMIGRATION 
                   AND CUSTOMS ENFORCEMENT OFFICE.

       (a) Establishment of a Satellite United States Attorney 
     Office in St. George, Utah.--The Attorney General, acting 
     through the United States Attorney for the District of Utah, 
     shall establish a satellite office under the jurisdiction of 
     the United States Attorney for the District of Utah in St. 
     George, Utah. The primary function of the satellite office 
     shall be to prosecute and deter criminal activities 
     associated with illegal immigrants.
       (b) Immigration and Customs Enforcement Office.--
       (1) Establishment.--The Secretary of Homeland Security, 
     acting through the Assistant Secretary of Homeland Security 
     for United States Immigration and Customs Enforcement, shall 
     establish an office under the jurisdiction of the Assistant 
     Secretary within the vicinity of the intersection U.S. 
     Highway 191 and U.S. Highway 491 to reduce the flow of 
     illegal immigrants into the interior of the United States.
       (2) Staffing.--The office established under paragraph (1) 
     shall be staffed by 5 full-time employees, of whom--
       (A) 3 shall work for the Office of Investigations; and
       (B) 2 shall work for the Office of Detention and Removal 
     Operations.
       (3) Other resources.--The Assistant Secretary shall provide 
     the office established under paragraph (1) with the resources 
     necessary to accomplish the purposes of this subsection, 
     including office space, detention beds, and vehicles.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection--
       (A) $1,100,000 for fiscal year 2008; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2009 through 2012.

     SEC. __. WORKING CONDITIONS FOR Y NONIMMIGRANTS.

       Paragraph (1) of subsection (c) of section 218B of the 
     Immigration and Nationality Act, as added by section 403, is 
     amended--
       (1) by redesignating subparagraphs (D) through (L) as 
     subparagraphs (E) through (M), respectively; and
       (2) by inserting after subparagraph (C), the following:
       ``(D) Working conditions.--Y nonimmigrants will be provided 
     the same working conditions and benefits as similarly 
     employed United States workers.''.

     SEC. __. MATTERS RELATED TO TRIBES.

       (a) Border Security on Certain Federal Lands.--
       (1) Repeal of requirements.--Subparagraph (B) of section 
     122(b)(1) shall be null and void and have no effect.
       (2) Training requirements.--In addition to the requirements 
     of subparagraphs (A) and (C) of section 122(b), 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 (as that term is defined in section 
     122(a), shall provide Federal land resource, sacred sites, 
     and Native American Graves Protection and Repatriation Act 
     (25 U.S.C. 3001 et seq.) (commonly referred to as NAGPRA) 
     training for U.S. Customs and Border Protection agents 
     dedicated to protected land (as that term is defined in 
     section 122(a)).
       (b) Border Relief Grant Program.--
       (1) Repeal of definition.--Paragraph (2) of subsection (d) 
     of section 132 shall be null and void and have no effect.
       (2) High impact area defined.--For the purposes of section 
     132, the term ``High Impact Area'' means any county or Indian 
     reservation 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 State border and the rise, if any, of criminal 
     activity in that county or Indian reservation; and
       (C) any other unique challenges that local law enforcement 
     face due to a lack of security along the United States 
     border.
       (c) National Land Border Security Plan.--Notwithstanding 
     subsection (a) of section 134, the Secretary of Homeland 
     Security shall consult with representatives of

[[Page S8568]]

     Tribal law enforcement prior to submitting to Congress the 
     National Land Border Security Plan required by such 
     subsection.
       (d) Reducing Illegal Immigration and Alien Smuggling on 
     Tribal Lands.--Notwithstanding paragraph (2) of subsection 
     (c) of section 219, the report required by such subsection 
     shall not include the material described in such paragraph.

     SEC. __. EB-5 REGIONAL CENTER PROGRAM.

       Paragraph (3) of section 201(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)), as redesignated and 
     amended by section 502(b)(3) of this Act, is further 
     amended--
       (1) by striking ``2,800'' and inserting ``10,000''; and
       (2) by striking ``1,500'' and inserting ``7,500''.

 Subtitle B--Commission on Wartime Relocation and Internment of Latin 
                     Americans of Japanese Descent

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``Commission on Wartime 
     Relocation and Internment of Latin Americans of Japanese 
     Descent Act''.

     SEC. __2. PURPOSE.

       The purpose of this subtitle is to establish a fact-finding 
     Commission to extend the study of the Commission on Wartime 
     Relocation and Internment of Civilians to investigate and 
     determine facts and circumstances surrounding the relocation, 
     internment, and deportation to Axis countries of Latin 
     Americans of Japanese descent from December 1941 through 
     February 1948, and the impact of those actions by the United 
     States, and to recommend appropriate remedies, if any, based 
     on preliminary findings by the original Commission and new 
     discoveries.

     SEC. __3. ESTABLISHMENT OF THE COMMISSION.

       (a) In General.--There is established the Commission on 
     Wartime Relocation and Internment of Latin Americans of 
     Japanese descent (referred to in this subtitle as the 
     ``Commission'').
       (b) Composition.--The Commission shall be composed of 9 
     members, who shall be appointed not later than 60 days after 
     the date of enactment of this Act, of whom--
       (1) 3 members shall be appointed by the President;
       (2) 3 members shall be appointed by the Speaker of the 
     House of Representatives, on the joint recommendation of the 
     majority leader of the House of Representatives and the 
     minority leader of the House of Representatives; and
       (3) 3 members shall be appointed by the President pro 
     tempore of the Senate, on the joint recommendation of the 
     majority leader of the Senate and the minority leader of the 
     Senate.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. A vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment was made.
       (d) Meetings.--
       (1) First meeting.--The President shall call the first 
     meeting of the Commission not later than the latter of--
       (A) 60 days after the date of enactment of this Act; or
       (B) 30 days after the date of enactment of legislation 
     making appropriations to carry out this subtitle.
       (2) Subsequent meetings.--Except as provided in paragraph 
     (1), the Commission shall meet at the call of the 
     Chairperson.
       (e) Quorum.--Five members of the Commission shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.
       (f) Chairperson and Vice Chairperson.--The Commission shall 
     elect a Chairperson and Vice Chairperson from among its 
     members. The Chairperson and Vice Chairperson shall serve for 
     the life of the Commission.

     SEC. __4. DUTIES OF THE COMMISSION.

       (a) In General.--The Commission shall--
       (1) extend the study of the Commission on Wartime 
     Relocation and Internment of Civilians, established by the 
     Commission on Wartime Relocation and Internment of Civilians 
     Act--
       (A) to investigate and determine facts and circumstances 
     surrounding the United States' relocation, internment, and 
     deportation to Axis countries of Latin Americans of Japanese 
     descent from December 1941 through February 1948, and the 
     impact of those actions by the United States; and
       (B) in investigating those facts and circumstances, to 
     review directives of the United States armed forces and the 
     Department of State requiring the relocation, detention in 
     internment camps, and deportation to Axis countries of Latin 
     Americans of Japanese descent; and
       (2) recommend appropriate remedies, if any, based on 
     preliminary findings by the original Commission and new 
     discoveries.
       (b) Report.--Not later than 1 year after the date of the 
     first meeting of the Commission pursuant to section 
     __3(d)(1), the Commission shall submit a written report to 
     Congress, which shall contain findings resulting from the 
     investigation conducted under subsection (a)(1) and 
     recommendations described in subsection (a)(2).

     SEC. __5. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission or, at its direction, any 
     subcommittee or member of the Commission, may, for the 
     purpose of carrying out this subtitle--
       (1) hold such public hearings in such cities and countries, 
     sit and act at such times and places, take such testimony, 
     receive such evidence, and administer such oaths as the 
     Commission or such subcommittee or member considers 
     advisable; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Commission or such subcommittee or 
     member considers advisable.
       (b) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Subpoenas issued under subsection (a) shall 
     bear the signature of the Chairperson of the Commission and 
     shall be served by any person or class of persons designated 
     by the Chairperson for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (c) Witness Allowances and Fees.--Section 1821 of title 28, 
     United States Code, shall apply to witnesses requested or 
     subpoenaed to appear at any hearing of the Commission. The 
     per diem and mileage allowances for witnesses shall be paid 
     from funds available to pay the expenses of the Commission.
       (d) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to perform 
     its duties. Upon request of the Chairperson of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.
       (e) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.

     SEC. __6. PERSONNEL AND ADMINISTRATIVE PROVISIONS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate the employment of such personnel as may 
     be necessary to enable the Commission to perform its duties.
       (2) Compensation.--The Chairperson of the Commission may 
     fix the compensation of the personnel without regard to 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of such title.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (f) Other Administrative Matters.--The Commission may--
       (1) enter into agreements with the Administrator of General 
     Services to procure necessary financial and administrative 
     services;
       (2) enter into contracts to procure supplies, services, and 
     property; and
       (3) enter into contracts with Federal, State, or local 
     agencies, or private institutions or organizations, for the 
     conduct of research or surveys, the preparation of reports, 
     and other activities necessary to enable the Commission to 
     perform its duties.

     SEC. __7. TERMINATION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits its report to Congress under 
     section __4(b).

     SEC. __8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this subtitle.

[[Page S8569]]

       (b) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until expended.

        Subtitle C--Amendments Related to the AgJOBS Act of 2007

     SEC. __1. EVIDENCE OF IDENTITY AND WORK AUTHORIZATION.

       Clause (iii) of section 274A(c)(1)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1324a(c)(1)(B)), as amended by 
     section 302, is further amended inserting ``or Z-A visa.'' at 
     the end.

     SEC. __2. TECHNICAL CORRECTION.

       Paragraph (1) of section 218C(c) of the Immigration and 
     Nationality Act, as added by section 404, is amended by 
     striking ``218E, 218F, and 218G'' and inserting ``218D and 
     218E''.

     SEC. __3. H-2A EMPLOYMENT REQUIREMENTS.

       (a) Technical Correction to Requirements for Minimum 
     Benefits, Wages, and Working Conditions.--Subsection (b) of 
     section 218D of the Immigration and Nationality Act, as added 
     by section 404, is amended in the matter preceding paragraph 
     (1) by striking ``218C(b)(2)'' and inserting ``218C(a)''.
       (b) Limitation on Required Wages.--Paragraph (3) of such 
     section 218D(b) is further amended by striking subparagraph 
     (B) and inserting the following:
       ``(B) Limitation.--Effective on the date of the enactment 
     of section 404 of the Secure Borders, Economic Opportunity 
     and Immigration Reform 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) Range Production of Livestock.--Section 218D of the 
     Immigration and Nationality Act, as added by section 404, is 
     amended by striking subsection (e) and inserting the 
     following:
       ``(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.''.
       (d) Evidence of Nonimmigrant Status.--Such section 218D is 
     further amended by striking subsection (f).

     SEC. __4. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-
                   2A WORKERS.

       (a) Identification Document.--Paragraph (2) of subsection 
     (g) of section 218E of the Immigration and Nationality Act, 
     as added by section 404, is amended by striking subparagraphs 
     (B) and (C) and inserting the following:
       ``(B) The document shall be machine-readable, tamper-
     resistant, and shall contain a digitized photograph and other 
     biometric identifiers that can be authenticated.
       ``(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;
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses;
       ``(iii) 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--

       ``(I) instead of a passport and visa if the alien--

       ``(aa) is a national of a foreign territory contiguous to 
     the United States; and
       ``(bb) is applying for admission at a land border port of 
     entry; or

       ``(II) in conjunction with a valid passport, if the alien 
     is applying for admission at an air or sea port of entry;

       ``(iv) 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
       ``(v) 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.''.
       (b) Special Rules.--Such section 218E is further amended by 
     striking subsection (i) and inserting the following:
       ``(i) Special Rule for Aliens Employed as Sheepherder or 
     Goat Herders.--Notwithstanding any other provision of this 
     Act, an alien admitted under section 101(a)(15)(H)(ii)(a) for 
     employment as a sheepherder or goat herder--
       ``(1) may be admitted for a period of up to 3 years;
       ``(2) shall be subject to readmission; and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(4).''.
       ``(j) Special Rules for Aliens Employed as Dairy Workers.--
     Notwithstanding any other provision of this Act, an alien 
     admitted under section 101(a)(15)(H)(ii)(a) for employment as 
     a dairy worker--
       ``(1) may be admitted for a period of up to 3 years;
       ``(2) may not be extended beyond 3 years;
       ``(3) shall not be subject to the requirements of 
     subsection (h)(4)(A); and
       ``(4) shall not after such 3 year period has expired be 
     readmitted to the United States as an H-2A or Y-1 worker.''.

     SEC. __5. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.

       Paragraph (7) of section 218F(c) of the Immigration and 
     Nationality Act, as added by section 404, is amended by 
     striking subparagraph (C).

     SEC. __6. DEFINITIONS.

       (a) Seasonal.--Section 218G of the Immigration and 
     Nationality Act, as added by section 404, is amended by 
     striking paragraph (11) and inserting the following:
       ``(11) Seasonal.--
       ``(A) In general.--The term `seasonal', with respect to the 
     performance of labor, means that the labor--
       ``(i) ordinarily pertains to or is of the kind exclusively 
     performed at certain seasons or periods of the year; and
       ``(ii) because of the nature of the labor, cannot be 
     continuous or carried on throughout the year.
       ``(B) Exception.--Labor performed on a dairy farm or on a 
     horse farm shall be considered to be seasonal labor.''
       (b) Conforming Amendment.--Section 101(a)(15)(H)(ii)(a) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)), as amended by subsection (c) of 
     section 404, is further amended, by striking ``dairy farm,'' 
     and inserting ``dairy farm or horse farm,''.

     SEC. __7. ADMISSION OF AGRICULTURAL WORKERS.

       (a) Limitation on Access to Information.--Subsection (d) of 
     section 214A of the Immigration and Nationality Act, as added 
     by section 622(b), is amended by striking paragraph (6), and 
     insert the following:
       ``(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 section 
     604.''.
       (b) Terms of Employment.--Subsection (h)(3)(b) of such 
     section 214A is amended by striking clause (iv) and inserting 
     the following:
       ``(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 (j)(1)(A).''.
       (c) Record of Employment.--Subsection (h)(4) of such 
     section 214A is amended by striking subparagraph (B) and 
     inserting the following:
       ``(B) Civil penalties.--
       ``(i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted Z-A nonimmigrant status 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.
       ``(iii) Reporting requirement.--The Secretary shall 
     promulgate regulations requiring an alien granted Z-A 
     nonimmigrant status to file a report by the conclusion of the 
     4-year period beginning on the date of enactment showing that 
     the alien is making satisfactory progress toward complying 
     with the requirements of subsection (j)(1)(A).''.
       (d) Termination of a Grant of Z-A Visa.--Subsection (i) of 
     such section 214A is amended by striking paragraph (3).
       (e) Adjustment to Permanent Residence.--Paragraph (1) of 
     subsection (j) of such section 214A is amended by striking 
     subparagraphs (C) and (D) and inserting the following:
       ``(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) change status to Z nonimmigrant status pursuant to 
     section 601(l)(1)(B) of the Secure Borders, Economic 
     Opportunity and Immigration Reform Act of 2007, provided that 
     the alien also complies with the requirements for second 
     renewal described in section 601(k)(2) of such Act, except 
     for sections 601(k)(2)(B)(i) and (iii).
       ``(D) Fine.--The alien pays to the Secretary a fine of 
     $400.''.
       (f) English Language.--Paragraph (6) of such subsection (j) 
     is amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--Not later than the date on which a Z-A 
     nonimmigrant's status is adjusted or is renewed under section 
     601(l)(1)(B), a Z-A nonimmigrant who is 18 years of age or 
     older must pass the naturalization test described in 
     paragraphs (1) and (2) of section 312(a).''.
       (g) Eligibility for Legal Services.--Such section 214A is 
     amended by striking subsection (m) and inserting the 
     following:
       ``(m) Eligibility for Legal Services.--Section 504(a)(11) 
     of Public Law 104-134 (110 Stat. 1321-53) 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

[[Page S8570]]

     related to an application for a Z-A visa under subsection (d) 
     or an adjustment of status under subsection (j).''.

     SEC. __8. EFFECTIVE DATE.

       Subsection (a) of section 1 in the material preceding 
     paragraph (1) shall be deemed to read as follows:
        (a) In General.--With the exception of the probationary 
     benefits conferred by section 601(h) of this Act, section 
     214A(d) of the Immigration and Nationality Act, as added by 
     section 622, 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, the programs 
     established by title IV, and the programs established by 
     title VI that grant legal status to any individual or that 
     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, based on analysis by and 
     in consultation with the Comptroller General, that each of 
     the following border security and other measures are 
     established, funded, and operational:

  Mr. VITTER. I ask for the yeas and nays.
  The PRESIDING OFFICER. The Senator from California.


  Amendment No. 1957 to Division I of Amendment No. 1934, as Modified

  Mrs. FEINSTEIN. Mr. President, I send an amendment to the desk to 
division I.
  The PRESIDING OFFICER. The clerk will report the amendment.
  Mr. VITTER. I ask for the yeas and nays.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from California [Mrs. Feinstein] proposes an 
     amendment numbered 1957 to division I to amendment No. 1934, 
     as modified.

  Mr. REID. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end of the amendment add the following:
       This section shall take effect one day after the date of 
     enactment.
  Mrs. HUTCHISON. Parliamentary inquiry.
  Mr. REID. Let me say, very briefly----
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. REID. I don't want it to go unanswered. This bill, as I mentioned 
earlier today, is different than what we did before--$4.4 billion goes 
to the border for security. It is totally different than the last bill.
  Remember, we are at this point because we only got seven Republican 
votes in the prior vote. Now we have worked together. I was told there 
were a lot of people on the Republican side, if they had the 
opportunity to have more amendments, would vote with us. I am confident 
that will happen. This has worked out extremely well.
  I would say, our work on comprehensive immigration reform has been 
pretty significant. Due to the man to my right, and Senator Leahy, who 
is not here, and Senator Kennedy, we have had 36 hearings on 
immigration since 9/11. That is a lot of hearings. We have had 6 full 
days of committee action. We have had 59 committee amendments. We have 
had 21 days of Senate debate since 2006--21 days, not hours. We have 
had 92 floor amendments. We have worked this thing hard. This is a bill 
people should fully understand.
  Mr. President, it is my understanding there is now a unanimous 
consent in effect that there will be 10 minutes of debate on the first 
amendment, is that true, equally divided?
  The PRESIDING OFFICER. The Senator from California is not presently 
under a time limit. However, the Senator from Texas is guaranteed 5 
minutes.
  Mr. REID. And the Senator from California also 5 minutes?
  Mrs. FEINSTEIN. I ask I be granted 5 minutes, following the Senator 
from Texas, to speak on the amendment.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I object because the agreement was 
that Senator Feinstein would speak before me, after which I would have 
5 minutes to respond. She would have 5 minutes, I would have 5 minutes 
to respond.
  The PRESIDING OFFICER. Is there objection to that arrangement?
  Mr. DeMINT. Reserving the right to object, is it my understanding we 
will be in morning business or on the amendment?
  The PRESIDING OFFICER. We are currently on the measure.
  Mr. DeMINT. I ask I be included in the time.
  Mr. REID. How much time does the Senator require?
  Mr. DeMINT. Five minutes.
  Mr. REID. We have no objection.
  The PRESIDING OFFICER. Is there objection?
  Mr. VITTER. Mr. President, I ask for 5 minutes under the same time 
agreement.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Mr. VITTER. And for any purposes.
  Mrs. BOXER. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mrs. FEINSTEIN. Mr. President, shall I proceed?
  The PRESIDING OFFICER. The Senator from California is recognized.
  Mrs. FEINSTEIN. Mr. President, I worked with the Senator from Texas, 
now, 10 years up close. I do not like to oppose her amendment, but in 
this case I believe I must. This is an issue we debated in many 
conversations during the process of drafting this legislation.
  I was opposed to the touchback idea and I am skeptical about it now. 
However, in the spirit of compromise, we went forward with the 
touchback that we have in the base bill, specifically in title VI. We 
included some important safeguards to make sure it is workable.
  This amendment from the distinguished Senator from Texas actually 
does away with this by creating a touchback requirement before people 
get their full Z visa. What immigrant is going to show up and register 
for a program if he has to take his chances on leaving the country and 
coming back in before he gets some kind of immigration status? What 
immigrant is going to report to deport?
  I wager that many, if not most, will simply stay underground and try 
to keep their heads down for as long as possible. They have built lives 
here, they have families, they own homes, and they have jobs they want 
to keep. Very few undocumented immigrants are going to show up for a 
program that offers no certainty they will actually be able to legalize 
their status.
  What this amendment does is essentially front load the requirement 
that makes the program unworkable from both an agency and an applicant 
perspective. Requiring consular officers to steal themselves for a 
flood of applications, 8 to 10 years down the line, is one thing. 
Requiring them to gear up for adjudication of this in-person 
application in the next 2 years following registration is a very 
different story.
  I hope the body will defeat the amendment. Those of us--Senator Craig 
and I and others--who have worked on the AgJOBS program believe that 
the agriculture jobs program is the way to go. It is negotiated by 
farmers, by unions, by growers, and it has a specific requirement.
  I know the Senator does not touch this specific requirement, but the 
main problem with the amendment is requiring this touchback so soon, 
before people have acquired any kind of legal status. They register and 
then in 2 years, they would have to go and perform this touchback.
  We believe it strikes at the heart of the bill and urge a ``no'' 
vote.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I, like my colleague from California, 
do not remember being on opposite sides on an issue such as this 
before. But she has brought up a key point that I think it is important 
for us to address. She says, What immigrant is going to report to 
deport? What she is asking is, what is the incentive of an illegal 
immigrant to come forward and say they are illegal and they want to get 
right with the process to become legal? That is a very important 
question that many people in our country have asked. Who is going to do 
that?
  Here is the incentive. First, the secure ID that is provided in the 
amendment allows exit and reentry. It is a tamperproof ID already, and 
it does allow the exit to finalize the Z, or Z-A status, and it allows 
the reentry.
  The secure card is issued first. It is temporary until it is 
finalized because

[[Page S8571]]

the final point that is required is that you return home to apply. That 
is the standardization we must achieve if we are going to avoid the 
amnesty that would say: Our laws mean nothing. If you come here 
illegally, eventually you will be able to be regularized without ever 
going home.
  We want to change that whole impression that anyone might have by 
saying we are going to start today with a process that will apply to 
every work-eligible adult, and that is you get your secure ID and you 
have 1 year to do it. Then you must finalize the process outside the 
country, as everyone will have to, going into the future.
  The question is still there: So why wouldn't they stay here and be 
illegal? Why wouldn't they keep their families and their homes? Here is 
why. Because when the 3 years is up and the trigger is pulled, because 
the border security measures have gone into effect--you have the 1 year 
for people to come forward, say they are illegal, after which they will 
get their tamperproof card and they must have the ``go home'' provision 
then stamped outside the country and they have 2 years to do it. You 
have 3 years there.
  After that 3 years, there is going to be an employer verification 
system that is going to work. So these people will not be able to go 
back to their jobs if they have not completed the process. That is the 
incentive. That is why they will report. That is why they will become 
legal in the system, because with the employer verification that is a 
key part of this bill, they will have to have that tamperproof ID 
stamped that they have been home to apply from outside the country 
before they come back in and become regularized and are job eligible.
  This is going to be the key. The employer verification system will 
assure that they will not get jobs in this country without that visa 
that is tamperproof and shows they have been home to do it. It can be 
done because there is a 3-year period and there will be a constant 
process to get the people who are illegal working. They will be able to 
go to the American consulate in their home country. The Secretary can 
allow exceptions to that for farm workers, if they cannot go home to a 
faraway place.
  This is the amendment that will take the amnesty out of this bill and 
say: Today's standards will be enforced and they will be enforced 
tomorrow. With this amendment, we can take the amnesty out of this bill 
and we will have an employer verification system that will assure the 
incentive is there for people to come forward and know that the law 
will be enforced.
  If we do this, you will not be able to hear people say: There is 
amnesty in this bill. If my amendment is not passed, then the amnesty 
tag that has been put on this bill will remain. It is the key issue in 
the bill for the American people. It is the key issue for the 
regularization of the 12 million people who are here, and then we will 
have a guest worker program for new people coming in in the future that 
will also work with the border security that is established in this 
bill.
  In my opinion, my amendment will make this bill a fully operational 
bill, because we will then have border security, a tamperproof ID, we 
will deal with the 12 million, without amnesty but with a 
regularization process, and it will strengthen the bill for the 
American people.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. REID. Mr. President, because of the various activities here on 
the floor, the Senator from South Carolina and the Senator from 
Louisiana did not have an opportunity to speak on this amendment. I 
would be happy to propound a unanimous consent request that they both 
be allowed to speak for up to 5 minutes each for debate only.
  Mr. DeMINT. Reserving the right to object.
  Mr. REID. Either object or don't object.
  The PRESIDING OFFICER. Is there objection?
  Mr. DeMINT. Parliamentary inquiry: Do I not have the right to reserve 
the right to object? How many rules are we going to change?
  The PRESIDING OFFICER. The reservation of objection occurs only with 
the suffrage of the Senate. There is no right to reserve the right to 
object.
  Mr. DeMINT. There are not many rights. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. REID. Mr. President, I move to table the amendment and ask for 
the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion. The clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from South Dakota (Mr. 
Johnson) is necessarily absent.
  Mr. LOTT. The following Senator is necessarily absent: the Senator 
from Arizona (Mr. McCain).
  The PRESIDING OFFICER (Mr. Durbin). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 53, nays 45, as follows:

                      [Rollcall Vote No. 229 Leg.]

                                YEAS--53

     Akaka
     Bayh
     Biden
     Bingaman
     Boxer
     Brown
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Clinton
     Conrad
     Craig
     Dodd
     Durbin
     Feingold
     Feinstein
     Graham
     Hagel
     Harkin
     Inouye
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Salazar
     Sanders
     Schumer
     Specter
     Stabenow
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--45

     Alexander
     Allard
     Barrasso
     Baucus
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Corker
     Cornyn
     Crapo
     DeMint
     Dole
     Domenici
     Dorgan
     Ensign
     Enzi
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Isakson
     Lott
     McCaskill
     McConnell
     Murkowski
     Roberts
     Rockefeller
     Sessions
     Shelby
     Smith
     Snowe
     Stevens
     Sununu
     Tester
     Thune
     Vitter
     Voinovich

                             NOT VOTING--2

     Johnson
     McCain
      
  The motion was agreed to.


  amendment No. 1958 to division II of amendment No. 1934, as Modified

  Mr. SPECTER. Mr. President, I sent a second-degree amendment to the 
desk.
  The PRESIDING OFFICER. The Clerk will report the amendment.
  The legislative Clerk read as follows:

       The Senator from Pennsylvania [Mr. Specter] proposes an 
     amendment numbered 1958 to division II of amendment No. 1934, 
     as modified.

  Mr. REID. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end of the amendment add the following:
       This section shall take effect one day after the date of 
     enactment.

  Mr. REID. Mr. President, we are now on division II, which is the 
amendment offered by Senator Webb, as I understand it.
  Mr. President, I would like to have everyone have the opportunity to 
debate this amendment to their heart's content. What I would like to do 
is ask that we have an hour of time on this admendment equally divided 
between the proponents and opponents of this admendment, and the 
debate, of course, would be on this amendment. So I ask unanimous 
consent that there be an hour of debate on this amendment. As I have 
indicated, Mr. President, it would be for debate only on this 
amendment. And I ask that because it is his amendment Senator Webb, 
even though he has had an opportunity earlier to speak, would be 
allowed to speak for up to 10 minutes to start this debate of the 1 
hour that I have proposed. So I ask unanimous consent that the Senate 
proceed to debate this amendment--it will be for debate only--that of 
the half hour on the majority side, 10 minutes of that be for Senator 
Webb.
  The PRESIDING OFFICER. Is there objection?
  Mr. VITTER. Mr. President, reserving my right to object, I would like 
to ask that my full rights as a Senator be protected with a unanimous 
consent request also.

[[Page S8572]]

  Mr. REID. Mr. President, is there an objection to my request?
  The PRESIDING OFFICER. Regular order is demanded.
  Is there objection to the Senator's request?
  Mr. VITTER. There is objection. I would like to propose an 
alternative unanimous consent request.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Nevada.
  Mr. REID. Mr. President, if the present proposal is inadequate, I 
would be happy to yield for 1 minute to my friend from Louisiana, and I 
will get the floor when he completes his statement.
  Mr. VITTER. I thank the Majority Leader.
  As the majority leader knows, several of us have been continually 
frustrated about our ability to exercise our rights on the floor of the 
Senate as duly elected officials. All of our amendments have been shut 
out. We have not had the opportunity to read this new mega-amendment. 
The last vote occurred with one copy of that division being at the 
desk, no copies being on the floor of the Senate.
  I would like to protect my rights as an individual Senator and, 
therefore, I would like to propose a modified UC request incorporating 
the Senator's suggestions, but offering me 5 minutes within that 1-hour 
period for any purpose whatsoever.
  Mr. REID. Mr. President, I appreciate the good faith of my friend, 
but we cannot do that. I cannot do that. I would have to object to 
that.
  The PRESIDING OFFICER. Objection is heard.
  Mr. REID. I would be happy to give him whatever amount of time he 
wishes to debate this amendment. Of course, as he knows, it would be 
for debate only. He could talk about anything he cared to, but it would 
be for debate only--5 minutes, 10 minutes, whatever he feels 
appropriate, within reason, I would be happy to do that.
  Mr. President, I say to everyone here----
  Mr. SESSIONS. Mr. President, reserving the right to object--
  Mr. REID. As I have said before, I want everyone to have the 
opportunity to speak. I nor the managers of this legislation are trying 
to stop people from talking. We have certain rules. They need to be 
followed, and that is what we are trying to do. So I repeat, I would 
have no problem with my friend from Louisiana speaking for whatever 
time he wishes, for debate only, on this amendment. I think that is a 
reasonable proposal. I would be happy to consider that.
  Mr. SESSIONS addressed the Chair.
  Mr. REID. Mr. President, I have the floor.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, does my friend from Louisiana--I thought I 
heard his voice. Oh, Alabama.
  Mr. SESSIONS. Is the proposal--
  Mr. REID. I may have the State wrong, but I had the voice right.
  Mr. President, I would be happy to yield for a question to my 
friend--for not a long question--a couple minutes, if he needs that.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. Mr. President, I have a brief question. I thank the 
majority leader for his courtesy. I had asked, in exchange for agreeing 
to a process that kept us from working this past weekend, that I would 
have 2 hours in the debate today set aside. It is in the agreement. But 
I am hearing that people want to push that into the wee hours of the 
night, if not into the morning.
  I ask that I have a substantial portion of that before the afternoon 
is over. What is the status of that negotiation and discussion?
  The PRESIDING OFFICER (Mr. Menendez). The majority leader is 
recognized.
  Mr. REID. Mr. President, what I would say to my friend--and I know he 
has a lot to say; he has said a lot of things, and I am anxious to hear 
more--but we would like to be able to dispose of some of these 
amendments. I would consider if he would like to talk for an hour now--
and then I would get the floor after he completes his statement--and it 
would be for debate only. He can divide the time any way he wants. That 
is my proposal.
  Mr. DeMINT. Mr. President, will the Senator yield for a request?
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  Mr. DeMINT. I object.
  The PRESIDING OFFICER. Objection is heard.
  The legislative clerk continued with the call of the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The majority leader is recognized.
  Mr. REID. Mr. President, here is what we are going to do. I ask 
unanimous consent that the Senator from Pennsylvania be recognized to 
make a motion in relation to the Webb amendment.
  Following that, I ask unanimous consent that when the vote is 
completed, Senator Sessions be recognized to speak in morning business 
until 2:30. He can allocate that time after the vote is concluded until 
2:30 any way he sees fit. So I ask unanimous consent. I think it is 
clear that the time we are spending in morning business be for debate 
only.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. REID. The final thing: We understand the desire of the Senator 
from Alabama to be heard. He has, under the terms of the agreement that 
is already in effect, 2 hours of time. We ask that the time which is 
going to be used now be counted against the 2 hours he has under the 
previous order before the Senate.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. REID. The only thing I left out is that at 2:30, when Senator 
Sessions finishes his remarks, that I be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I ask my friends, would it be permissible 
that my friend from Virginia be recognized for 1 minute prior to the 
Senator from Pennsylvania?
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Before he makes his motion to table.
  Mr. VITTER. Mr. President, reserving the right to object, I would 
like to ask if my rights on the Senate floor can also be protected in 
that unanimous consent.
  Mr. REID. Senator Sessions can do whatever he wants in relation to 
you because it is for debate only, anyway.
  Mr. VITTER. That is not really responding to my request. Again, 
reserving the right to object, I ask the distinguished majority leader 
whether my rights as a Senator can also be protected in that unanimous 
consent request regarding Senator Webb's time by allowing me 1 minute 
on the floor for any purpose.
  Mr. REID. It would have to be for debate only, I say to my friend.
  Mr. VITTER. Then I object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Pennsylvania is recognized.
  Mr. SPECTER. Mr. President, I move to table the Webb amendment, and I 
ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton) 
and the Senator from South Dakota (Mr. Johnson) are necessarily absent.
  Mr. LOTT. The following Senator is necessarily absent: the Senator 
from Arizona (Mr. McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 79, nays 18, as follows:

[[Page S8573]]

                      [Rollcall Vote No. 230 Leg.]

                                YEAS--79

     Akaka
     Alexander
     Allard
     Barrasso
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     Dodd
     Domenici
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Martinez
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Obama
     Reed
     Reid
     Roberts
     Salazar
     Sanders
     Schumer
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Thune
     Voinovich
     Warner
     Whitehouse
     Wyden

                                NAYS--18

     Baucus
     Bayh
     Brown
     DeMint
     Dole
     Dorgan
     Gregg
     Hagel
     Lincoln
     McCaskill
     McConnell
     Nelson (NE)
     Pryor
     Rockefeller
     Sessions
     Tester
     Vitter
     Webb

                             NOT VOTING--3

     Clinton
     Johnson
     McCain
  The motion to table was agreed to.
  Ms. KLOBUCHAR. Mr. President, I move to reconsider the vote and I 
move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________