[Congressional Record (Bound Edition), Volume 152 (2006), Part 15]
[Senate]
[Pages 19734-19753]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5041. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:

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

     SEC. 6. BORDER RELIEF GRANT PROGRAM.

       (a) Findings.--Congress finds the following:
       (1) It is the obligation of the Federal Government of the 
     United States to adequately secure the Nation's borders and 
     prevent the flow of undocumented persons and illegal drugs 
     into the United States.
       (2) Despite the fact that the United States Border Patrol 
     apprehends over 1,000,000 people each year trying to 
     illegally enter the United States, according to the 
     Congressional Research Service, the net growth in the number 
     of unauthorized aliens has increased by approximately 500,000 
     each year. The Southwest border accounts for approximately 94 
     percent of all migrant apprehensions each year. Currently, 
     there are an estimated 11,000,000 unauthorized aliens in the 
     United States.
       (3) The border region is also a major corridor for the 
     shipment of drugs. According to the El Paso Intelligence 
     Center, 65 percent of the narcotics that are sold in the 
     markets of the United States enter the country through the 
     Southwest Border.
       (4) Border communities continue to incur significant costs 
     due to the lack of adequate border security. A 2001 study by 
     the United States-Mexico Border Counties Coalition found that 
     law enforcement and criminal justice expenses associated with 
     illegal immigration exceed $89,000,000 annually for the 
     Southwest border counties.
       (5) In August 2005, the States of New Mexico and Arizona 
     declared states of emergency in order to provide local law 
     enforcement immediate assistance in addressing criminal 
     activity along the Southwest border.
       (6) While the Federal Government provides States and 
     localities assistance in covering costs related to the 
     detention of certain criminal aliens and the prosecution of 
     Federal drug cases, local law enforcement along the border 
     are provided no assistance in covering such expenses and must 
     use their limited resources to combat drug trafficking, human 
     smuggling, kidnappings, the destruction of private property, 
     and other border-related crimes.
       (7) The United States shares 5,525 miles of border with 
     Canada and 1,989 miles with Mexico. Many of the local law 
     enforcement agencies located along the border are small, 
     rural departments charged with patrolling large areas of 
     land. Counties along the Southwest United States-Mexico 
     border are some of the poorest in the country and lack the 
     financial resources to cover the additional costs associated 
     with illegal immigration, drug trafficking, and other border-
     related crimes.
       (8) Federal assistance is required to help local law 
     enforcement operating along the border address the unique 
     challenges that arise as a result of their proximity to an 
     international border and the lack of overall border security 
     in the region.
       (b) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, to an 
     eligible law enforcement agency to provide assistance to such 
     agency to address--
       (A) criminal activity that occurs in the jurisdiction of 
     such agency by virtue of such agency's proximity to the 
     United States border; and
       (B) the impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2007 through 2011.
       (3) Competitive basis.--The Secretary shall award grants 
     under this subsection on a competitive basis, except that the 
     Secretary shall give priority to applications from any 
     eligible law enforcement agency serving a community--
       (A) with a population of less than 50,000; and
       (B) located no more than 100 miles from a United States 
     border with--
       (i) Canada; or
       (ii) Mexico.
       (c) Use of Funds.--Grants awarded pursuant to subsection 
     (b) may only be used to provide additional resources for an 
     eligible law enforcement agency to address criminal activity 
     occurring along any such border, including--
       (1) to obtain equipment;
       (2) to hire additional personnel;
       (3) to upgrade and maintain law enforcement technology;
       (4) to cover operational costs, including overtime and 
     transportation costs; and
       (5) such other resources as are available to assist that 
     agency.
       (d) Application.--
       (1) In general.--Each eligible law enforcement agency 
     seeking a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this section.
       (e) Definitions.--For the purposes of this section:
       (1) Eligible law enforcement agency.--The term ``eligible 
     law enforcement agency'' means a tribal, State, or local law 
     enforcement agency--
       (A) located in a county no more than 100 miles from a 
     United States border with--
       (i) Canada; or
       (ii) Mexico; or
       (B) located in a county more than 100 miles from any such 
     border, but where such county has been certified by the 
     Secretary as a High Impact Area.
       (2) High impact area.--The term ``High Impact Area'' means 
     any county designated by the Secretary as such, taking into 
     consideration--
       (A) whether local law enforcement agencies in that county 
     have the resources to protect the lives, property, safety, or 
     welfare of the residents of that county;
       (B) the relationship between any lack of security along the 
     United States border and the rise, if any, of criminal 
     activity in that county; and
       (C) any other unique challenges that local law enforcement 
     face due to a lack of security along the United States 
     border.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Homeland Security.
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $50,000,000 for each of fiscal years 2007 through 2011 to 
     carry out the provisions of this section.
       (2) Division of authorized funds.--Of the amounts 
     authorized under paragraph (1)--
       (A) \2/3\ shall be set aside for eligible law enforcement 
     agencies located in the 6 States with the largest number of 
     undocumented alien apprehensions; and
       (B) \1/3\ shall be set aside for areas designated as a High 
     Impact Area under subsection (e).
       (g) Supplement Not Supplant.--Amounts appropriated for 
     grants under this section shall be used to supplement and not 
     supplant other State and local public funds obligated for the 
     purposes provided under this Act.

     SEC. 7. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

       Nothing in section 6 shall be construed to authorize State 
     or local law enforcement agencies or their officers to 
     exercise Federal immigration law enforcement authority.
                                 ______
                                 
  SA 5042. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On page 2, line 16, strike the period at the end and insert 
     the following: ``; and
       (3) the implementation of those measures described in the 
     Comprehensive Immigration Reform Act of 2006, as passed by 
     the Senate on May 25, 2006, that the Secretary determines to 
     be necessary and appropriate to achieve or maintain 
     operational control over the international land and maritime 
     borders of the United States.''.
                                 ______
                                 
  SA 5043. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

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

      TITLE I--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

     SEC. 101. SHORT TITLE.

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

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau of Customs and Border Protection 
     of the Department of Homeland Security.

[[Page 19735]]

       (2) Maquiladora.--The term ``maquiladora'' means an entity 
     located in Mexico that assembles and produces goods from 
     imported parts for export to the United States.
       (3) Northern border.--The term ``northern border'' means 
     the international border between the United States and 
     Canada.
       (4) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.

     SEC. 103. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

       (a) Requirement to Update.--Not later than January 31 of 
     each year, the Administrator of General Services shall update 
     the Port of Entry Infrastructure Assessment Study prepared by 
     the Bureau of Customs and Border Protection in accordance 
     with the matter relating to the ports of entry infrastructure 
     assessment that is set out in the joint explanatory statement 
     in the conference report accompanying H.R. 2490 of the 106th 
     Congress, 1st session (House of Representatives Rep. No. 106-
     319, on page 67) and submit such updated study to Congress.
       (b) Consultation.--In preparing the updated studies 
     required in subsection (a), the Administrator of General 
     Services shall consult with the Director of the Office of 
     Management and Budget, the Secretary, and the Commissioner.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 104; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project to--
       (A) fulfill immediate security requirements; and
       (B) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner shall 
     implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under subsection (c)(3).
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, such as 
     immediate security needs or changes in infrastructure in 
     Mexico or Canada, compellingly alter the need for a project 
     in the United States.

     SEC. 104. NATIONAL LAND BORDER SECURITY PLAN.

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

     SEC. 105. EXPANSION OF COMMERCE SECURITY PROGRAMS.

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

     SEC. 106. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

       (a) Establishment.--The Secretary shall carry out a 
     technology demonstration program to--
       (1) test and evaluate new port of entry technologies;
       (2) refine port of entry technologies and operational 
     concepts; and
       (3) train personnel under realistic conditions.
       (b) Technology and Facilities.--
       (1) Technology testing.--Under the technology demonstration 
     program, the Secretary of Homeland Security shall test 
     technologies that enhance port of entry operations, including 
     operations related to--
       (A) inspections;
       (B) communications;
       (C) port tracking;
       (D) identification of persons and cargo;
       (E) sensory devices;
       (F) personal detection;
       (G) decision support; and
       (H) the detection and identification of weapons of mass 
     destruction.
       (2) Development of facilities.--At a demonstration site 
     selected pursuant to subsection (c)(2), the Secretary of 
     Homeland Security shall develop facilities to provide 
     appropriate training to law enforcement personnel who have 
     responsibility for border security, including--
       (A) cross-training among agencies;
       (B) advanced law enforcement training; and
       (C) equipment orientation.
       (c) Demonstration Sites.--
       (1) Number.--The Secretary shall carry out the 
     demonstration program at not less than 3 sites and not more 
     than 5 sites.
       (2) Selection criteria.--To ensure that at least 1 of the 
     facilities selected as a port of entry demonstration site for 
     the demonstration program has the most up-to-date design, 
     contains sufficient space to conduct the demonstration 
     program, has a traffic volume low enough to easily 
     incorporate new technologies without interrupting normal 
     processing activity, and can efficiently carry out 
     demonstration and port of entry operations, at least 1 port 
     of entry selected as a demonstration site shall--
       (A) have been established not more than 15 years before the 
     date of the enactment of this Act;
       (B) consist of not less than 65 acres, with the possibility 
     of expansion to not less than 25 adjacent acres; and
       (C) have serviced an average of not more than 50,000 
     vehicles per month during the 1-year period ending on the 
     date of the enactment of this Act.
       (d) Relationship With Other Agencies.--The Secretary shall 
     permit personnel from an appropriate Federal or State agency 
     to utilize a demonstration site described in subsection (c) 
     to test technologies that enhance port of entry operations, 
     including technologies described in subparagraphs (A) through 
     (H) of subsection (b)(1).
       (e) Report.--
       (1) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress a report on the activities 
     carried out at each demonstration site under the technology 
     demonstration program established under this section.
       (2) Content.--The report submitted under paragraph (1) 
     shall include an assessment by the Secretary of the 
     feasibility of incorporating any demonstrated technology for 
     use throughout the Bureau of Customs and Border Protection.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to any funds otherwise 
     available, there are authorized to be appropriated--
       (1) such sums as may be necessary for the fiscal years 2007 
     through 2011 to carry out the provisions of section 103(a);
       (2) to carry out section 103(d)--
       (A) $100,000,000 for each of the fiscal years 2007 through 
     2011; and
       (B) such sums as may be necessary in any succeeding fiscal 
     year;
       (3) to carry out section 105(a)--
       (A) $30,000,000 for fiscal year 2007, of which $5,000,000 
     shall be made available to fund the demonstration project 
     established in section 106(a)(2); and
       (B) such sums as may be necessary for the fiscal years 2008 
     through 2011; and
       (4) to carry out section 105(b)--
       (A) $5,000,000 for fiscal year 2007; and
       (B) such sums as may be necessary for the fiscal years 2008 
     through 2011; and
       (5) to carry out section 106, provided that not more than 
     $10,000,000 may be expended for technology demonstration 
     program activities at any 1 port of entry demonstration site 
     in any fiscal year--
       (A) $50,000,000 for fiscal year 2007; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2008 through 2011.
       (b) International Agreements.--Amounts authorized to be 
     appropriated under this title may be used for the 
     implementation of projects described in the Declaration on 
     Embracing Technology and Cooperation to Promote the Secure 
     and Efficient Flow of People and Commerce across our Shared 
     Border between the United States and Mexico, agreed to March 
     22, 2002, Monterrey, Mexico (commonly known as the Border 
     Partnership Action Plan) or the Smart Border Declaration 
     between the United States and Canada,

[[Page 19736]]

     agreed to December 12, 2001, Ottawa, Canada that are 
     consistent with the provisions of this title.
                                 ______
                                 
  SA 5044. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

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

     SEC. 6. COOPERATION WITH THE GOVERNMENT OF MEXICO.

       (a) Cooperation Regarding Border Security.--The Secretary 
     of State, in cooperation with the Secretary of Homeland 
     Security and representatives of Federal, State, and local law 
     enforcement agencies that are involved in border security and 
     immigration enforcement efforts, shall work with the 
     appropriate officials from the Government of Mexico to 
     improve coordination between the United States and Mexico 
     regarding--
       (1) improved border security along the international border 
     between the United States and Mexico;
       (2) the reduction of human trafficking and smuggling 
     between the United States and Mexico;
       (3) the reduction of drug trafficking and smuggling between 
     the United States and Mexico;
       (4) the reduction of gang membership in the United States 
     and Mexico;
       (5) the reduction of violence against women in the United 
     States and Mexico; and
       (6) the reduction of other violence and criminal activity.
       (b) Cooperation Regarding Education on Immigration Laws.--
     The Secretary of State, in cooperation with other appropriate 
     Federal officials, shall work with the appropriate officials 
     from the Government of Mexico to carry out activities to 
     educate citizens and nationals of Mexico regarding 
     eligibility for status as a nonimmigrant under Federal law to 
     ensure that the citizens and nationals are not exploited 
     while working in the United States.
       (c) Cooperation Regarding Circular Migration.--The 
     Secretary of State, in cooperation with the Secretary of 
     Labor and other appropriate Federal officials, shall work 
     with the appropriate officials from the Government of Mexico 
     to improve coordination between the United States and Mexico 
     to encourage circular migration, including assisting in the 
     development of economic opportunities and providing job 
     training for citizens and nationals in Mexico.
       (d) Annual Report.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to Congress a report on the 
     actions taken by the United States and Mexico under this 
     section.
                                 ______
                                 
  SA 5045. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

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

     SEC. 6. DEPUTY UNITED STATES MARSHALS.

       (a) In General.--In each of the fiscal years 2007 through 
     2011, the Attorney General shall, subject to the availability 
     of appropriations, increase by not less than 50 the number of 
     positions for full-time active duty Deputy United States 
     Marshals that investigate criminal matters related to 
     immigration.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     the fiscal years 2007 through 2011 to carry out subsection 
     (a).
                                 ______
                                 
  SA 5046. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On page 2, line 18, strike ``prevention'' and all that 
     follows through line 21, and insert the following: 
     ``effective prevention of unlawful entries into the United 
     States, including entries by terrorists, other unlawful 
     aliens, instruments of terrorism, narcotics, and other 
     contraband, as determined by the Secretary of Homeland 
     Security.''.
                                 ______
                                 
  SA 5047. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Terrorism Prevention Act of 
     2006''.

     SEC. 2. PROVIDING MATERIAL SUPPORT TO TERRORIST GROUPS.

       (a) Offense of Rewarding or Facilitating International 
     Terrorist Acts.--
       (1) In general.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following section:

     ``Sec. 2339E. Providing material support to international 
       terrorism

       ``(a) Definitions.--In this section:
       ``(1) The term `material support or resources' has the same 
     meaning as in section 2339A(b).
       ``(2) The term `the perpetrator of an act' includes any 
     person who--
       ``(A) commits the act;
       ``(B) aids, abets, counsels, commands, induces, or procures 
     its commission; or
       ``(C) attempts, plots, or conspires to commit the act.
       ``(3) The term `international terrorism' has the same 
     meaning as in section 2331.
       ``(4) The term `facility of interstate or foreign commerce' 
     has the same meaning as in section 1958(b)(2).
       ``(5) The term `serious bodily injury' has the same meaning 
     as in section 1365.
       ``(6) The term `national of the United States' has the same 
     meaning as in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)).
       ``(b) Prohibition.--Whoever, in a circumstance provided in 
     subsection (c), provides material support or resources to the 
     perpetrator of an act of international terrorism, or to a 
     family member or other person associated with such 
     perpetrator, with the intent to facilitate, reward, or 
     encourage that act or other acts of international terrorism, 
     shall be fined under this title and imprisoned for any term 
     of years not less than 10 or for life, and, if death results, 
     shall be imprisoned for any term of years not less than 30 or 
     for life.
       ``(c) Jurisdictional Bases.--A circumstance referred to in 
     subsection (b) is--
       ``(1) the offense occurs in or affects interstate or 
     foreign commerce;
       ``(2) the offense involves the use of the mails or a 
     facility of interstate or foreign commerce;
       ``(3) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that affects 
     interstate or foreign commerce or would have affected 
     interstate or foreign commerce had it been consummated;
       ``(4) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that violates the 
     criminal laws of the United States;
       ``(5) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that is designed 
     to influence the policy or affect the conduct of the United 
     States Government;
       ``(6) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that occurs in 
     part within the United States and is designed to influence 
     the policy or affect the conduct of a foreign government;
       ``(7) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that causes or is 
     designed to cause death or serious bodily injury to a 
     national of the United States while that national is outside 
     the United States, or substantial damage to the property of a 
     legal entity organized under the laws of the United States 
     (including any of its States, districts, commonwealths, 
     territories, or possessions) while that property is outside 
     of the United States;
       ``(8) the offense occurs in whole or in part within the 
     United States, and an offender intends to facilitate, reward 
     or encourage an act of international terrorism that is 
     designed to influence the policy or affect the conduct of a 
     foreign government; or
       ``(9) the offense occurs in whole or in part outside of the 
     United States, and an offender is a national of the United 
     States, a stateless person whose habitual residence is in the 
     United States, or a legal entity organized under the laws of 
     the United States (including any of its States, districts, 
     commonwealths, territories, or possessions).''.
       (2) Technical and conforming amendments.--
       (A) Table of sections.--The table of sections for chapter 
     113B of title 18, United States Code, is amended by adding at 
     the end the following:

``2339D. Receiving military-type training from a foreign terrorist 
              organization.
``2339E. Providing material support to international terrorism.''.

       (B) Other amendment.--Section 2332b(g)(5)(B)(i) of title 
     18, United States Code, is amended by striking all after 
     ``2339C'' and inserting ``(relating to financing of 
     terrorism), 2339E (relating to providing material support to 
     international terrorism), or 2340A (relating to torture);''.
       (b) Increased Penalties for Providing Material Support to 
     Terrorists.--
       (1) Providing material support.--Section 2339A(a) of title 
     18, United States Code, is amended by striking ``, imprisoned 
     not more than 15 years,'' and all that follows through 
     ``life.'' and inserting ``and imprisoned for any term of 
     years not less than 10 or for life, and, if the death of any 
     person results, shall be imprisoned for any term of years not 
     less than 25 or for life.''.
       (2) Providing material support or resources to designated 
     foreign terrorist organizations.--Section 2339B(a) of title 
     18,

[[Page 19737]]

     United States Code, is amended by striking ``or imprisoned 
     not more than 15 years,'' and all that follows through 
     ``life.'' and inserting ``and imprisoned for not less than 5 
     years and not more than 25 years, and, if the death of any 
     person results, shall be imprisoned for any term of years not 
     less than 20 or for life.''.
       (3) Receiving military-type training from a foreign 
     terrorist organization.--Section 2339D of title 18, United 
     States Code, is amended by striking ``or imprisoned for ten 
     years, or both.'' and inserting ``and imprisoned for not less 
     than 3 years and not more than 15 years.''.
       (c) Exceptions to Prohibition.--Section 2339A(b)(1) of 
     title 18, United States Code, is amended by striking ``, 
     except medicine or religious materials''.
       (d) Addition of Attempts and Conspiracies to an Offense 
     Relating to Military Training.--Section 2339D of title 18, 
     United States Code, is amended by inserting ``, or attempts 
     or conspires to receive,'' after ``receives''.
       (e) Denial of Federal Benefits to Convicted Terrorists.--
       (1) In general.--Chapter 113B of title 18, United States 
     Code, as amended by this section, is further amended by 
     adding at the end the following:

     ``Sec. 2339F. Denial of Federal benefits to terrorists

       ``(a) In General.--Any individual who is convicted of a 
     Federal crime of terrorism (as defined in section 2332b(g)) 
     shall, as provided by the court on motion of the Government, 
     be ineligible for any or all Federal benefits for any term of 
     years or for life.
       ``(b) Federal Benefit Defined.--In this section, `Federal 
     benefit' has the meaning given that term in section 421(d) of 
     the Controlled Substances Act (21 U.S.C. 862(d)).''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 113B of title 18, United States Code, as 
     amended by this section, is further amended by adding at the 
     end the following:

``2339F. Denial of Federal benefits to terrorists.''.

     SEC. 3. IMPROVEMENTS TO THE CLASSIFIED INFORMATION PROCEDURES 
                   ACT.

       (a) Short Title.--This section may be cited as the 
     ``Classified Information Procedures Reform Act of 2006''.
       (b) Interlocutory Appeals Under the Classified Information 
     Procedures Act.--Section 7(a) of the Classified Information 
     Procedures Act (18 U.S.C. App.) is amended by adding at the 
     end ``The Government's right to appeal under this section 
     applies without regard to whether the order appealed from was 
     entered under this Act.''.
       (c) Ex Parte Authorizations Under the Classified 
     Information Procedures Act.--Section 4 of the Classified 
     Information Procedures Act (18 U.S.C. App.) is amended--
       (1) in the second sentence--
       (A) by striking ``may'' and inserting ``shall''; and
       (B) by striking ``written statement to be inspected'' and 
     inserting ``statement to be made ex parte and to be 
     considered''; and
       (2) in the third sentence--
       (A) by striking ``If the court enters an order granting 
     relief following such an ex parte showing, the'' and 
     inserting ``The''; and
       (B) by inserting ``, as well as any summary of the 
     classified information the defendant seeks to obtain,'' after 
     ``text of the statement of the United States''.
       (d) Application of Classified Information Procedures Act to 
     Non-Documentary Information.--Section 4 of the Classified 
     Information Procedures Act (18 U.S.C. App.) is amended--
       (1) in the section heading, by inserting ``, and access 
     to,'' after ``of'';
       (2) by inserting ``(a) Discovery of Classified Information 
     From Documents.--'' before the first sentence; and
       (3) by adding at the end the following:
       ``(b) Access to Other Classified Information.--
       ``(1) If the defendant seeks access through deposition 
     under the Federal Rules of Criminal Procedure or otherwise to 
     non-documentary information from a potential witness or other 
     person which he knows or reasonably believes is classified, 
     he shall notify the attorney for the United States and the 
     district court in writing. Such notice shall specify with 
     particularity the classified information sought by the 
     defendant and the legal basis for such access. At a time set 
     by the court, the United States may oppose access to the 
     classified information.
       ``(2) If, after consideration of any objection raised by 
     the United States, including any objection asserted on the 
     basis of privilege, the court determines that the defendant 
     is legally entitled to have access to the information 
     specified in the notice required by paragraph (1), the United 
     States may request the substitution of a summary of the 
     classified information or the substitution of a statement 
     admitting relevant facts that the classified information 
     would tend to prove.
       ``(3) The court shall permit the United States to make its 
     objection to access or its request for such substitution in 
     the form of a statement to be made ex parte and to be 
     considered by the court alone. The entire text of the 
     statement of the United States, as well as any summary of the 
     classified information the defendant seeks to obtain, shall 
     be sealed and preserved in the records of the court and made 
     available to the appellate court in the event of an appeal.
       ``(4) The court shall grant the request of the United 
     States to substitute a summary of the classified information 
     or to substitute a statement admitting relevant facts that 
     the classified information would tend to prove if it finds 
     that the summary or statement will provide the defendant with 
     substantially the same ability to make his defense as would 
     disclosure of the specific classified information.
       ``(5) A defendant may not obtain access to classified 
     information subject to this subsection except as provided in 
     this subsection. Any proceeding, whether by deposition under 
     the Federal Rules of Criminal Procedure or otherwise, in 
     which a defendant seeks to obtain access to such classified 
     information not previously authorized by a court for 
     disclosure under this subsection must be discontinued or may 
     proceed only as to lines of inquiry not involving such 
     classified information.''.

     SEC. 4. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.

       (a) Hoax Statute.--Section 1038 of title 18, United States 
     Code, is amended--
       (1) in subsections (a)(1) and (b), by striking ``a 
     violation'' and all that follows through ``title 49'' and 
     inserting ``an offense listed under section 2332b(g)(5)(B) of 
     this title''; and
       (2) in subsection (a)(2)--
       (A) in subparagraph (A), by striking ``, imprisoned not 
     more than 5 years, or both'' and inserting ``and imprisoned 
     for not less than 2 years nor more than 10 years'';
       (B) in subparagraph (B), by striking ``, imprisoned not 
     more than 20 years, or both'' and inserting ``and imprisoned 
     for not less than 5 years nor more than 25 years''; and
       (C) in subparagraph (C), by striking ``, imprisoned for any 
     term of years or for life, or both'' and inserting ``and 
     imprisoned for any term of years not less than 10 or for 
     life''.
       (b) Threatening Communications.--
       (1) Mailed within the united states.--Section 876 of title 
     18, United States Code, is amended by adding at the end 
     thereof the following new subsection:
       ``(e) For purposes of this section, the term `addressed to 
     any other person' includes an individual (other than the 
     sender), a corporation or other legal person, and a 
     government or agency or component thereof.''.
       (2) Mailed to a foreign country.--Section 877 of title 18, 
     United States Code, is amended by adding at the end thereof 
     the following new paragraph:
       ``For purposes of this section, the term `addressed to any 
     person' includes an individual, a corporation or other legal 
     person, and a government or agency or component thereof.''.

     SEC. 5. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS.

       (a) Homicide.--Section 2332(a) of title 18, United States 
     Code, is amended--
       (1) by inserting ``, or attempts or conspires to kill,'' 
     after ``Whoever kills''; and
       (2) in paragraph (1), by striking ``this title'' and all 
     that follows and inserting ``this title and punished by death 
     or imprisonment for any term of years not less than 30 or for 
     life;''
       (b) Kidnapping.--Section 2332(b) of title 18, United States 
     Code, is amended to read as follows:
       ``(b) Kidnapping.--Whoever outside the United States 
     unlawfully seizes, confines, inveigles, decoys, kidnaps, 
     abducts, or carries away, or attempts or conspires to seize, 
     confine, inveigle, decoy, kidnap, abduct or carry away, a 
     national of the United States, shall be fined under this 
     title and punished by imprisonment for any term of years not 
     less than 20 or for life; and, if the death of any person 
     results, shall be fined under this title and punished by 
     death or imprisonment for life.''.
       (c) Other Conduct.--Section 2332(c) of title 18, United 
     States Code, is amended--
       (1) by inserting ``(as defined in section 1365, including 
     any conduct that, if the conduct occurred in the special 
     maritime and territorial jurisdiction of the United States, 
     would violate section 2241 or 2242)'' after ``injury'' in 
     paragraphs (1) and (2); and
       (2) in the matter following paragraph (2), by striking ``or 
     imprisoned'' and all that follows and inserting ``and 
     imprisoned for any term of years not less than 10 or for 
     life.''.
       (d) Terrorist Offenses Resulting in Death.--
       (1) In general.--Chapter 113B of title 18, United States 
     Code, as amended by this Act, is further amended by adding at 
     the end the following:

     ``Sec. 2339G. Terrorist offenses resulting in death

       ``(a) Whoever, in the course of committing a terrorist 
     offense, engages in conduct that results in the death of a 
     person, shall be punished by death or imprisoned for any term 
     of years not less than 20 or for life.
       ``(b) In this section, the term `terrorist offense' means--
       ``(1) a felony offense that is--
       ``(A) a Federal crime of terrorism as defined in section 
     2332b(g), other than an offense under section 1363; or
       ``(B) an offense under this chapter, section 175, 175b, 
     229, or 831, or section 236 of the Atomic Energy Act of 1954; 
     or
       ``(2) a Federal offense that is an attempt or conspiracy to 
     commit an offense described in paragraph (1).''.

[[Page 19738]]

       (2) Technical and conforming amendment.--The table of 
     sections for chapter 113B of title 18, United States Code, as 
     amended by this Act, is further amended by adding at the end 
     the following:

``2339G. Terrorist offenses resulting in death.''.

       (e) Death Penalties.--
       (1) Mass destruction.--Section 832 of title 18, United 
     States Code, is amended--
       (A) in subsection (a), by striking ``not more than 20 
     years.'' and inserting ``any term of years not less than 15 
     or for life.''; and
       (B) in subsection (c), by striking ``or for life.'' and 
     inserting ``not less than 15 or for life and, if the death of 
     any person results, shall be punished by death or 
     imprisonment for life.''
       (2) Missile systems designed to destroy aircraft.--Section 
     2332g(c)(3) of title 18, United States Code, is amended by 
     inserting ``death or'' before ``imprisonment for life''.
       (3) Nuclear material.--Section 222b. of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2272) is amended by inserting ``death 
     or'' before ``imprisonment for life'' the last place it 
     appears.
       (4) Radiological dispersal devices.--Section 2332h(c)(3) of 
     title 18, United States Code, is amended by inserting ``death 
     or'' before ``imprisonment for life''.
       (5) Variola viruses.--Section 175c(c)(3) of title 18, 
     United States Code, is amended by inserting ``death or'' 
     before ``imprisonment for life''.

     SEC. 6. INVESTIGATION OF TERRORIST CRIMES.

       (a) Nondisclosure of FISA Investigations.--The following 
     provisions of the Foreign Intelligence Surveillance Act of 
     1978 are each amended by inserting ``(other than in 
     proceedings or other civil matters under the immigration 
     laws, as that term is defined in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)))'' 
     after ``authority of the United States'':
       (1) Subsections (c), (e), and (f) of section 106 (50 U.S.C. 
     1806).
       (2) Subsections (d), (f), and (g) of section 305 (50 U.S.C. 
     1825).
       (3) Subsections (c), (e), and (f) of section 405 (50 U.S.C. 
     1845).
       (b) Multidistrict Search Warrants in Terrorism 
     Investigations.--Rule 41(b)(3) of the Federal Rules of 
     Criminal Procedure is amended to read as follows:
       ``(3) a magistrate judge--in an investigation of--
       ``(A) a Federal crime of terrorism (as defined in section 
     2332b(g)(g) of title 18, United States Code); or
       ``(B) an offense under section 1001 or 1505 of title 18, 
     United States Code, relating to information or purported 
     information concerning a Federal crime of terrorism (as 
     defined in section 2332b(g)(5) of title 18, United States 
     Code)--having authority in any district in which activities 
     related to the Federal crime of terrorism or offense may have 
     occurred, may issue a warrant for a person or property within 
     or outside that district.''.
       (c) Increased Penalties for Obstruction of Justice in 
     Terrorism Cases.--Sections 1001(a) and 1505 of title 18, 
     United States Code, are amended by striking ``8 years'' and 
     inserting ``10 years''.
                                 ______
                                 
  SA 5048. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On page 1, line 8, strike ``18 months'' and insert ``18 
     months and 2 days.''
                                 ______
                                 
  SA 5049. Mr. FRIST submitted an amendment intended to be proposed to 
amendment SA 5048 submitted by Mr. Frist and intended to be proposed to 
the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       Strike ``18 months and 2 days'' and insert ``18 months and 
     1 day.''
                                 ______
                                 
  SA 5050. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following: The effective 
     date shall be 5 days after the date of enactment.
                                 ______
                                 
  SA 5051. Mr. FRIST submitted an amendment intended to be proposed to 
amendment SA 5050 submitted by Mr. Frist and intended to be proposed to 
the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On line 2 of the amendment, strike ``5 days'' and insert 
     ``1 day.''
                                 ______
                                 
  SA 5052. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       At the end of section 2, add the following: ``This section 
     shall become effective 5 days after the date of enactment.
                                 ______
                                 
  SA 5053. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

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

       TITLE II--AGRICULTURAL EMPLOYMENT AND WORKFORCE PROTECTION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Agricultural Employment 
     and Workforce Protection Act of 2006''.

                      Subtitle A--Border Security

     SEC. 211. COMPREHENSIVE PLAN TO CONTROL THE BORDERS OF THE 
                   UNITED STATES.

       (a) In General.--The Secretary of Homeland Security shall 
     prepare and submit to Congress, at the earliest practicable 
     date, a comprehensive plan to--
       (1) establish operational control of the borders of the 
     United States; and
       (2) effectively enforce the immigration laws of the United 
     States in the interior of the United States.
       (b) Contents.--The plan described in subsection (a) shall 
     include--
       (1) detailed strategies;
       (2) time lines for implementation; and
       (3) cost estimates for such activities.
       (c) Interim Plan.--The mandates contained in this subtitle 
     shall serve as an interim plan until Congress enacts 
     legislation to implement the comprehensive plan submitted by 
     the Secretary of Homeland Security under subsection (a).

     SEC. 212. USE OF DEPARTMENT OF DEFENSE EQUIPMENT FOR 
                   SURVEILLANCE OF INTERNATIONAL LAND BORDERS OF 
                   THE UNITED STATES.

       (a) Availability of Equipment.--The Secretary of Homeland 
     Security, in collaboration with the Secretary of Defense, 
     shall develop and implement a plan to provide military 
     support to civilian law enforcement agencies, including the 
     use of unmanned aerial vehicles, other surveillance 
     equipment, and other equipment of the Department of Defense, 
     to assist the surveillance activities of the Department of 
     Homeland Security at and near the international land borders 
     of the United States.
       (b) Reports.--
       (1) Initial report.--Not later than 6 months after the date 
     of enactment of this Act, the Secretary of Homeland Security 
     and the Secretary of Defense shall submit a joint report to 
     Congress, which describes the use of Department of Defense 
     equipment to assist the surveillance efforts of the 
     Department of Homeland Security and to support the plan 
     developed under subsection (a).
       (2) Annual reports.--Not later than 1 year after the date 
     of enactment of this Act, and annually thereafter until the 
     Secretary of Homeland Security can procure the equipment 
     necessary to achieve operational control of the international 
     land borders of the United States, the Secretary of Homeland 
     Security and the Secretary of Defense shall submit joint 
     reports to Congress that describe--
       (A) the types of equipment and other support utilized for 
     border security; and
       (B) the effectiveness of such equipment and support.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 213. PORTS OF ENTRY.

       (a) Construction Authorized.--The Secretary of Homeland 
     Security may construct not more than 30 additional land ports 
     of entry along the northern and southern international land 
     borders of the United States at locations to be determined by 
     the Secretary if such construction will enhance the border 
     security of the United States.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     subsection (a).

     SEC. 214. ADDITIONAL CUSTOMS AND BORDER PROTECTION OFFICERS.

       In addition to the positions authorized by section 5202 of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 118 Stat. 3734), the Secretary of 
     Homeland Security shall, for each of the fiscal years between 
     fiscal year 2007 and 2011, increase by no less than 250 the 
     number of positions for full-time active duty Customs and 
     Border Protection Officers.

     SEC. 215. INTERIOR ENFORCEMENT.

       (a) State and Local Immigration Law Enforcement.--
       (1) In general.--Notwithstanding any other provision of 
     law, appropriately trained law enforcement personnel of a 
     State or a unit of local government are authorized to

[[Page 19739]]

     investigate, identify, apprehend, arrest, detain, or transfer 
     to Federal custody aliens in the United States (including the 
     transportation of such aliens across State lines to detention 
     centers), for the purpose of assisting in the enforcement of 
     the immigration laws of the United States in the normal 
     course of carrying out the law enforcement duties of such 
     personnel.
       (2) Reimbursement of costs.--The Secretary of Homeland 
     Security shall reimburse States and units of local government 
     for all reasonable costs incurred by that State or local 
     government to carry out the activities described in paragraph 
     (1).
       (b) Federal Custody of Illegal Aliens Apprehended by State 
     or Local Law Enforcement.--Title II of the Immigration and 
     Nationality Act is amended by adding after section 240C the 
     following:


       ``TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY

       ``Sec. 240D.  (a) In General.--If the head of a law 
     enforcement entity of a State, or a political subdivision of 
     a State, requests the Secretary of Homeland Security to take 
     an illegal alien into Federal custody, the Secretary shall--
       ``(1) not later than 72 hours after such request is 
     received from the State, take such alien into the custody of 
     the Federal Government and incarcerate the alien; or
       ``(2) request the relevant State or local law enforcement 
     agency to temporarily detain or transport the illegal alien 
     to a location for transfer to Federal custody.
       ``(b) Designated Incarceration Facility.--The Secretary of 
     Homeland Security shall designate not less than 1 Federal, 
     State, or local prison or jail or a private contracted prison 
     or detention facility within each State as the central 
     facility for that State to transfer custody of criminal or 
     illegal aliens to the Department of Homeland Security.
       ``(c) Reimbursement to States and Local Governments.--The 
     Department of Homeland Security shall reimburse each State or 
     a political subdivision of a State for all reasonable 
     expenses incurred by the State or political subdivision in 
     the detention and transportation of a criminal or illegal 
     alien.''.
       (c) Immigration and Customs Enforcement Investigative 
     Personnel.--
       (1) Additional positions authorized.--In addition to the 
     positions authorized by section 5203 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458; 118 Stat. 3734), the Secretary of Homeland Security 
     shall, for each of fiscal years 2007 through 2011, increase 
     by not less than 400 the number of investigative personnel 
     within the Department of Homeland Security responsible for 
     investigating immigration status violations.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2007 through 2011 
     such sums as may be necessary to carry out this subsection.
       (d) Listing of Immigration Violators in the National Crime 
     Information Center Database.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall provide the National Crime Information Center of the 
     Federal Bureau of Investigation (referred to in this section 
     as the ``NCIC'') with information related to--
       (A) any alien against whom a final order of removal has 
     been issued;
       (B) any alien who is subject to a voluntary departure 
     agreement that has become invalid under section 240B(a)(2) of 
     the Immigration and Nationality Act (8 U.S.C. 1229c(a)(2)); 
     and
       (C) any alien whose visa has been revoked.
       (2) Requirement to provide and use information.--The 
     information provided to the NCIC under paragraph (1) shall be 
     entered into the Immigration Violators File of the NCIC 
     database if a name and date of birth are available for the 
     individual, regardless of whether the alien received notice 
     of a final order of removal or the alien has already been 
     removed.
       (3) Removal of information.--If an individual is granted 
     cancellation of removal under section 240A of the Immigration 
     and Nationality Act (8 U.S.C. 1229b) or is granted permission 
     to legally enter the United States after a voluntary 
     departure under section 240B of such Act (8 U.S.C. 1229c), 
     any information entered into the NCIC database in accordance 
     with this subsection shall be promptly removed.
       (e) Increasing Federal Detention Space.--
       (1) Construction or acquisition of detention facilities.--
       (A) In general.--In addition to facilities being used for 
     the detention of aliens as of the date of enactment of this 
     Act, the Secretary of Homeland Security shall construct or 
     acquire 20 detention facilities in the United States with 
     sufficient capacity to detain a combined total of not less 
     than 200,000 individuals at any time. Such facilities shall 
     be used for aliens detained pending removal or a decision on 
     removal of such aliens from the United States.
       (B) Determination of location.--The location of each 
     detention facility built or acquired pursuant to this 
     paragraph shall--
       (i) be determined by the senior officer responsible for 
     detention and removal operations of the Department of 
     Homeland Security, subject to the approval of the Secretary 
     of Homeland Security; and
       (ii) enable the Department to increase, to the maximum 
     extent practicable, the annual rate and level of removals of 
     illegal aliens from the United States.
       (C) Use of installations under base closure laws.--In 
     acquiring detention facilities under this paragraph, the 
     Secretary of Homeland Security shall consider the transfer of 
     appropriate portions of military installations approved for 
     closure or realignment under the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) for use in accordance with 
     subparagraph (A).
       (2) Technical and conforming amendment.--Section 241(g)(1) 
     of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) 
     is amended by striking ``may expend'' and inserting ``shall 
     expend''.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 216. EXPANDING CATEGORY OF INADMISSIBLE ALIENS.

       (a) Criminal Street Gangs.--Section 212(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
     amended by adding at the end the following:
       ``(J) Aliens who are members of criminal street gangs.--Any 
     alien who is a member of a criminal street gang (as defined 
     in section 521(a) of title 18, United States Code) is 
     inadmissible.''.
       (b) Deporting Criminal Street Gang Members.--Section 
     237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(2)) is amended by adding at the end the following:
       ``(F) Aliens who are members of criminal street gangs.--Any 
     alien who is a member of a criminal street gang (as defined 
     in section 521(a) of title 18, United States Code) is 
     deportable.''.
       (c) Criminal Aliens.--Any alien convicted of a felony or a 
     misdemeanor in the United States is ineligible to receive a 
     visa and ineligible to be admitted to the United States.

                   Subtitle B--Temporary H-2A Workers

     SEC. 221. DEFINITION.

       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--
       (1) by striking ``and including agricultural labor defined 
     in section 3121(g) of the Internal Revenue Code of 1954'' and 
     inserting ``, which shall include labor and services relating 
     to commodities, livestock, dairy, forestry, landscaping, 
     fishing, and the processing of meat, poultry, and fish, and 
     agricultural labor (as defined in section 3121(g) of the 
     Internal Revenue Code of 1986),''; and
       (2) by striking ``, of a temporary or seasonal nature''.

     SEC. 222. ADMISSION OF TEMPORARY H-2A WORKERS.

       (a) Procedure for Admission.--
       (1) In general.--Section 218 of the Immigration and 
     Nationality Act (8 U.S.C. 1188) is amended to read as 
     follows:


                 ``ADMISSION OF TEMPORARY H-2A WORKERS

       ``Sec. 218.  (a) Definitions.--In this section and section 
     218A:
       ``(1) Area of employment.--The term `area of employment' 
     means the area within normal commuting distance of the work 
     site or physical location where the work of the H-2A worker 
     is or will be performed. If such work site or location is 
     within a Metropolitan Statistical Area, any place within such 
     area shall be considered to be within the area of employment.
       ``(2) Displace.--In the case of a petition with respect to 
     an H-2A worker filed by an employer, the employer `displaces' 
     a United States worker from a job if the employer lays off 
     the worker from a job that is essentially equivalent to the 
     job for which the H-2A worker is sought. A job shall not be 
     considered to be essentially equivalent to another job unless 
     the job--
       ``(A) involves essentially the same responsibilities as the 
     other job;
       ``(B) was held by a United States worker with substantially 
     equivalent qualifications and experience; and
       ``(C) is located in the same area of employment as the 
     other job.
       ``(3) Eligible individual.--The term `eligible individual' 
     means an individual who is not an unauthorized alien (as 
     defined in section 274A(h)(3)) with respect to the employment 
     of the individual.
       ``(4) Employer.--The term `employer' means an employer who 
     hires workers to perform agricultural employment.
       ``(5) H-2A worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(6) Lay off.--
       ``(A) In general.--The term `lay off'--
       ``(i) means to cause a worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract (other than a temporary employment contract entered 
     into in order to evade a condition described in paragraph (3) 
     or (7) of subsection (b)); and
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar

[[Page 19740]]

     employment opportunity with the same employer (or, in the 
     case of a placement of a worker with another employer under 
     subsection (h)(2), with either employer described in such 
     subsection) at equivalent or higher compensation and benefits 
     than the position from which the employee was discharged, 
     regardless of whether or not the employee accepts the offer.
       ``(B) Construction.--Nothing in this paragraph is intended 
     to limit an employee's rights under a collective bargaining 
     agreement or other employment contract.
       ``(7) Level ii h-2a worker.--The term `Level II H-2A 
     worker' means a nonimmigrant described in section 
     101(a)(15)(H)(ii)(a) who--
       ``(A) has been employed as an H-2A worker for at least 3 
     years;
       ``(B) has not violated a material term or condition of 
     employment as an H-2A worker;
       ``(C) works in a supervisory capacity; and
       ``(D) meets minimum skill levels in the occupation in which 
     they are employed, as determined, by regulation, by the 
     Secretary of Labor, based on surveys conducted by State 
     workforce agencies.
       ``(8) Prevailing wage.--The term `prevailing wage' means 
     the wage rate that includes the 51st percentile of employees 
     with similar experience and qualifications in the 
     agricultural occupation in the area of intended employment, 
     expressed in terms of the prevailing method of pay for the 
     occupation in the area of intended employment.
       ``(9) United states worker.--The term `United States 
     worker' means any worker who is a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     and any other alien authorized to work in the relevant job 
     opportunity within the United States, except--
       ``(A) an alien admitted or otherwise provided status under 
     section 101(a)(15)(H)(ii)(a); and
       ``(B) an alien provided blue card status under section 
     218B.
       ``(b) Application.--An alien may not be admitted as an H-2A 
     worker unless the employer has filed with the Secretary of 
     Homeland Security a petition attesting to the following:
       ``(1) Temporary work or services.--
       ``(A) In general.--The employer is seeking to employ a 
     specific number of agricultural workers on a temporary basis 
     and will provide compensation to such workers at a specified 
     wage rate and under specified conditions.
       ``(B) Skilled workers.--If the worker is a Level II H-2A 
     worker, the employer will recruit the worker separately and 
     the attestation will delineate separate wage rate and 
     conditions of employment for such worker.
       ``(C) Definition.--For purposes of this paragraph, a worker 
     is employed on a temporary basis if the employer intends to 
     employ the worker for an 11-month contract period.
       ``(2) Benefits, wages, and working conditions.--The 
     employer will provide, at a minimum, the benefits, wages, and 
     working conditions required by subsection (k) to all workers 
     employed in the jobs for which the H-2A worker is sought and 
     to all other temporary workers in the same occupation at the 
     place of employment.
       ``(3) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment of the H-2A worker and during the 30-day period 
     immediately preceding such period of employment in the 
     occupation at the place of employment for which the employer 
     seeks approval to employ H-2A workers.
       ``(4) Recruitment.--
       ``(A) In general.--The employer--
       ``(i) conducted adequate recruitment in the area of 
     employment before filing the attestation; and
       ``(ii) was unsuccessful in locating a qualified United 
     States worker for the job opportunity for which the H-2A 
     worker is sought.
       ``(B) Other requirements.--The adequate recruitment 
     requirement under subparagraph (A) is satisfied if the 
     employer places--
       ``(i) a job order with the America's Job Bank Program of 
     the Department of Labor; and
       ``(ii) a Sunday advertisement in a newspaper of general 
     circulation that is likely to be patronized by a potential 
     worker in the area of intended employment.
       ``(C) Advertisement requirement.--The advertisement 
     requirement under subparagraph (B)(ii) is satisfied if the 
     advertisement--
       ``(i) names the employer;
       ``(ii) directs applicants to report or send resumes, as 
     appropriate for the occupation, to the employer;
       ``(iii) provides a description of the vacancy that is 
     specific enough to apprise United States workers of the job 
     opportunity for which certification is sought;
       ``(iv) describes the geographic area with enough 
     specificity to apprise applicants of any travel requirements 
     and where applicants will likely have to reside to perform 
     the job;
       ``(v) states the rate of pay, which shall not be less than 
     the wage paid for the occupation in the area of intended 
     employment; and
       ``(vi) offers wages, terms, and conditions of employment, 
     which are at least as favorable to those offered to the 
     alien.
       ``(D) End of recruitment requirement.--The requirement to 
     recruit United States workers shall terminate on the first 
     day of the contract period that work begins.
       ``(5) Offers to united states workers.--The employer has 
     offered or will offer the job for which the nonimmigrant is 
     sought to any eligible United States worker who--
       ``(A) applies;
       ``(B) is at least as qualified for the job as the 
     nonimmigrant; and
       ``(C) will be available at the time and place of need.
       ``(6) Provision of insurance.--If the job for which the H-
     2A worker is sought is not covered by State workers' 
     compensation law, the employer will provide, at no cost to 
     the worker, insurance covering injury and disease arising out 
     of, and in the course of, the worker's employment, which will 
     provide benefits at least equal to those provided under the 
     State workers' compensation law for comparable employment.
       ``(7) Strike or lockout.--There is not a strike or lockout 
     in the course of a labor dispute which, under regulations 
     promulgated by the Secretary of Labor, precludes the hiring 
     of H-2A workers.
       ``(8) Previous violations.--The employer has not, during 
     the previous 5-year period, employed H-2A workers and 
     knowingly violated a material term or condition of approval 
     with respect to the employment of domestic or nonimmigrant 
     workers, as determined by the Secretary of Labor after notice 
     and opportunity for a hearing.
       ``(c) Public Examination.--Not later than 1 working day 
     after the date on which a petition under this section is 
     filed, the employer shall make a copy of each such petition 
     (and any necessary accompanying documents) available for 
     public examination, at the employer's principal place of 
     business or worksite.
       ``(d) List.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     maintain a list of the petitions filed under subsection (b), 
     which shall--
       ``(A) be sorted by employer; and
       ``(B) include the number of H-2A workers sought, the wage 
     rate, the period of intended employment, and the date of need 
     for each alien.
       ``(2) Availability.--The Secretary of Homeland Security 
     shall, at least monthly, submit a copy of the list described 
     in paragraph (1) to the Secretary of Labor, who shall make 
     the list available for public examination.
       ``(e) Petitioning for Admission.--
       ``(1) In general.--An employer, or an association acting as 
     an agent or joint employer for its members, that seeks the 
     admission into the United States of an H-2A worker shall file 
     with the Secretary of Homeland Security a petition that 
     includes the attestations described in subsection (b).
       ``(2) Consideration of petitions.--For each petition filed 
     and considered under this subsection--
       ``(A) the Secretary of Homeland Security may not require 
     such petition to be filed more than 28 days before the first 
     date the employer requires the labor or services of the H-2A 
     worker; and
       ``(B) unless the Secretary of Homeland Security determines 
     that the petition is incomplete or obviously inaccurate, the 
     Secretary, not later than 7 days after the date on which such 
     petition was filed, shall either approve or deny the 
     petition.
       ``(3) Expedited adjudication.--The Secretary of Homeland 
     Security shall--
       ``(A) establish a procedure for expedited adjudication of 
     petitions filed under this subsection; and
       ``(B) not later than 7 working days after such filing, 
     transmit, by fax, cable, or other means assuring expedited 
     delivery, a copy of notice of action on the petition--
       ``(i) in the case of approved petitions, to the petitioner, 
     the Secretary of Labor, and to the appropriate immigration 
     officer at the port of entry or United States consulate where 
     the petitioner has indicated that the alien beneficiary or 
     beneficiaries will apply for a visa or admission to the 
     United States;
       ``(ii) in the case of denied petitions, to the petitioner, 
     including reasons for the denial and instructions on how to 
     appeal such denial.
       ``(4) Petition agreements.--By filing an H-2A petition, a 
     petitioner and each employer consents to allow access to the 
     site where the labor is being performed for the purpose of 
     determining compliance with H-2A requirements.
       ``(f) Roles of Agricultural Associations.--
       ``(1) Permitting filing by agricultural associations.--A 
     petition to hire an alien as a temporary agricultural worker 
     may be filed by an association of agricultural employers 
     which use agricultural services.
       ``(2) Treatment of associations acting as employers.--If an 
     association is a joint or sole employer of temporary 
     agricultural workers, such workers may be transferred among 
     its members to perform agricultural services of a temporary 
     nature for which the petition was approved.

[[Page 19741]]

       ``(3) Statement of liability.--The petition shall include a 
     clear statement explaining the liability under this section 
     of an employer who places an H-2A worker with another 
     employer authorized to employ H-2A workers if the other 
     employer displaces a United States worker in violation of 
     this section.
       ``(4) Treatment of violations.--
       ``(A) Individual member.--If an individual member of a 
     joint employer association violates any condition for 
     approval with respect to the member's petition, the Secretary 
     of Homeland Security shall deny such petition only with 
     respect to that member of the association unless the 
     Secretary of Labor determines that the association or other 
     member participated in, had knowledge of, or had reason to 
     know of the violation.
       ``(B) Association of agricultural employers.--
       ``(i) Joint employer.--If an association representing 
     agricultural employers as a joint employer violates any 
     condition for approval with respect to the association's 
     petition, the Secretary of Homeland Security shall deny such 
     petition only with respect to the association and may not 
     apply the denial to any individual member of the association, 
     unless the Secretary of Labor determines that the member 
     participated in, had knowledge of, or had reason to know of 
     the violation.
       ``(ii) Sole employer.--If an association of agricultural 
     employers approved as a sole employer violates any condition 
     for approval with respect to the association's petition, no 
     individual member of such association may be the beneficiary 
     of the services of temporary alien agricultural workers 
     admitted under this section in the occupation in which such 
     aliens were employed by the association which was denied 
     approval during the period such denial is in force, unless 
     such member employs such aliens in the occupation in question 
     directly or through an association which is a joint employer 
     of such workers with the member.
       ``(g) Expedited Administrative Appeals.--The Secretary of 
     Homeland Security shall issue regulations to provide for an 
     expedited procedure--
       ``(1) for the review of a denial of a petition under this 
     section by the Secretary; or
       ``(2) at the applicant's request, for a de novo 
     administrative hearing respecting the denial.
       ``(h) Miscellaneous Provisions.--
       ``(1) Requirements for placement of h-2a workers with other 
     employers.--A nonimmigrant who is admitted into the United 
     States as an H-2A worker may be transferred to another 
     employer that has attested to the Secretary of Homeland 
     Security that the employer has filed a petition under this 
     section and is in compliance with this section. The Secretary 
     of Homeland Security and the Secretary of State shall issue 
     regulations to establish a process for the approval and 
     reissuance of visas for transferred H-2A workers, as 
     necessary.
       ``(2) Endorsement of documents.--The Secretary of Homeland 
     Security shall provide for the endorsement of entry and exit 
     documents of H-2A workers as may be necessary to carry out 
     this section and to provide notice for purposes of section 
     274A.
       ``(3) Preemption of state laws.--The provisions of 
     subsection (a) and (c) of section 214 and the provisions of 
     this section preempt any State or local law regulating 
     admissibility of nonimmigrant workers.
       ``(4) Fees.--
       ``(A) In general.--The Secretary of Homeland Security may 
     require, as a condition of approving the petition, the 
     payment of a fee, in accordance with subparagraph (B), to 
     recover the reasonable cost of processing petitions.
       ``(B) Fee by type of employee.--
       ``(i) Single employer.--An employer whose petition for 
     temporary alien agricultural workers is approved shall, for 
     each approved petition, pay a fee that--

       ``(I) subject to subclause (II), is equal to $100 plus $10 
     for each approved H-2A worker; and
       ``(II) does not exceed $1,000.

       ``(ii) Association.--Each employer-member of a joint 
     employer association whose petition for temporary 
     agricultural aliens is approved shall, for each such approved 
     petition, pay a fee that--

       ``(I) subject to subclause (II), is equal to $100 plus $10 
     for each approved H-2A worker; and
       ``(II) does not exceed $1,000.

       ``(iii) Limitation on association fees.--A joint employer 
     association under clause (ii) shall not be charged a separate 
     fee.
       ``(C) Method of payment.--The fees collected under this 
     paragraph shall be paid by check or money order to the 
     Department of Homeland Security. In the case of employers of 
     H-2A workers that are members of a joint employer association 
     applying on their behalf, the aggregate fees for all 
     employers of H-2A workers under the petition may be paid by 1 
     check or money order.
       ``(D) Increase in fees.--For calendar year 2007 and each 
     subsequent calendar year, the dollar amounts in subparagraph 
     (B) may be increased by an amount equal to--
       ``(i) such dollar amount; multiplied by
       ``(ii) the percentage by which the average of the Consumer 
     Price Index for all urban consumers (United States city 
     average) for the 12-month period ending with August of the 
     preceding calendar year exceeds such average for the 12-month 
     period ending with August 2005.
       ``(5) Employment verification program.--
       ``(A) In general.--Not later than 12 months after the date 
     of enactment of this paragraph, the Secretary of Homeland 
     Security shall establish a mandatory employment verification 
     program for all employers of H-2A workers to verify the 
     eligibility of all individuals hired by each such employer, 
     including those who present an H-2A visa to work in the 
     United States.
       ``(B) Employer compliance.--Each employer of an H-2A worker 
     shall comply with the requirements promulgated by the 
     Secretary of Homeland Security to verify the identity and 
     employment eligibility of all individuals hired.
       ``(C) Regulations.--In carrying out the program under this 
     paragraph, the Secretary of Homeland Security shall 
     promulgate regulations to require each employer to verify the 
     employment eligibility of each employee hired through--
       ``(i) a secure Internet site;
       ``(ii) a machine capable of reading the H-2A visa, which 
     shall serve as the identification and employment eligibility 
     document for each H-2A alien; or
       ``(iii) a toll-free telephone number to check the accuracy 
     of any social security number presented to the employer.
       ``(6) Employer-based application for permanent residence.--
       ``(A) In general.--The employer of a Level II H-2A worker 
     who has been employed in such status for not less than 5 
     years may file an application for an employment-based 
     adjustment of status under section 245(k) for such worker.
       ``(B) Effect of application.--A Level II H-2A worker for 
     whom an application is filed under subparagraph (A) may 
     continue to be employed in such status until--
       ``(i) such application has been adjudicated; or
       ``(ii) such worker has violated any provision of this 
     section.
       ``(i) Failure to Meet Conditions.--
       ``(1) In general.--The Secretary of Labor shall be 
     responsible for conducting investigations and random audits 
     of employer work sites to ensure compliance with the 
     requirements of the H-2A program and all other requirements 
     under this Act. All monetary fines levied against violating 
     employers shall be paid to the Department of Labor and used 
     to enhance the Department of Labor's investigatory and 
     auditing power.
       ``(2) Penalties for failure to meet conditions.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, a failure to meet any condition under subsection 
     (b), or a material misrepresentation of fact in a petition 
     under subsection (b)--
       ``(A) the Secretary of Labor--
       ``(i) shall notify the Secretary of Homeland Security of 
     such finding; and
       ``(ii) may impose such other administrative remedies, 
     including civil money penalties in an amount not to exceed 
     $1,000 per violation, as the Secretary of Labor determines to 
     be appropriate; and
       ``(B) the Secretary of Homeland Security may disqualify the 
     employer from the employment of H-2A workers for a period of 
     1 year.
       ``(3) Penalties for willful failure.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     willful failure to meet a material condition of subsection 
     (b) or a willful misrepresentation of a material fact in a 
     petition under subsection (b)--
       ``(A) the Secretary of Labor--
       ``(i) shall notify the Secretary of Homeland Security of 
     such finding; and
       ``(ii) may impose such other administrative remedies, 
     including civil money penalties in an amount not to exceed 
     $5,000 per violation, as the Secretary of Labor determines to 
     be appropriate; and
       ``(B) the Secretary of Homeland Security may--
       ``(i) disqualify the employer from the employment of H-2A 
     workers for a period of 2 years;
       ``(ii) for a second violation, disqualify the employer from 
     the employment of H-2A workers for a period of 5 years; and
       ``(iii) for a third violation, permanently disqualify the 
     employer from the employment of H-2A workers.
       ``(4) Penalties for displacement of united states 
     workers.--If the Secretary of Labor finds, after notice and 
     opportunity for a hearing, a willful failure to meet a 
     material condition of subsection (b) or a willful 
     misrepresentation of a material fact in a petition under 
     subsection (b), in the course of which failure or 
     misrepresentation the employer displaced a United States 
     worker employed by the employer during the period of 
     employment on the employer's petition under subsection (b), 
     or during the period of 30 days preceding such period of 
     employment--
       ``(A) the Secretary of Labor--
       ``(i) shall notify the Secretary of Homeland Security of 
     such finding; and
       ``(ii) may impose such other administrative remedies, 
     including civil money penalties in an amount not to exceed 
     $15,000 per violation, as the Secretary of Labor determines 
     to be appropriate; and

[[Page 19742]]

       ``(B) the Secretary of Homeland Security may--
       ``(i) disqualify the employer from the employment of H-2A 
     workers for a period of 5 years; and
       ``(ii) for a second violation, permanently disqualify the 
     employer from the employment of H-2A workers.
       ``(5) Limitations on civil money penalties.--The Secretary 
     of Labor may not impose total civil money penalties with 
     respect to a petition under subsection (b) in excess of 
     $90,000.
       ``(j) Failure to Pay Wages or Required Benefits.--
       ``(1) In general.--The Secretary of Labor shall be 
     responsible for conducting investigations and random audits 
     of employer work sites to ensure compliance with the 
     requirements of the H-2A program.
       ``(2) Assessment.--If the Secretary of Labor finds, after 
     notice and opportunity for a hearing, that the employer has 
     failed to pay the wages or provide the housing allowance, 
     transportation, subsistence reimbursement, or guarantee of 
     employment attested by the employer under subsection (b)(2), 
     the Secretary of Labor shall assess payment of back wages, or 
     other required benefits, due any United States worker or H-2A 
     worker employed by the employer in the specific employment in 
     question.
       ``(3) Amount.--The back wages or other required benefits 
     described in paragraph (2)--
       ``(A) shall be equal to the difference between the amount 
     that should have been paid and the amount that was paid to 
     such worker; and
       ``(B) shall be distributed to the worker to whom such wages 
     are due.
       ``(k) Minimum Wages, Benefits, and Working Conditions.--
       ``(1) Preferential treatment of aliens prohibited.--
       ``(A) In general.--Each employer seeking to hire United 
     States workers shall offer such workers not less than the 
     same benefits, wages, and working conditions that the 
     employer is offering, intends to offer, or will provide to H-
     2A workers. No job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers. The benefits, wages, and other 
     terms and conditions of employment described in this 
     subsection shall be provided in connection with employment 
     under this section.
       ``(B) Interpretation.--Every interpretation and 
     determination made under this section or under any other law, 
     regulation, or interpretative provision regarding the nature, 
     scope, and timing of the provision of these and any other 
     benefits, wages, and other terms and conditions of employment 
     shall be made so that--
       ``(i) the services of workers to their employers and the 
     employment opportunities afforded to workers by the 
     employers, including those employment opportunities that 
     require United States workers or H-2A workers to travel or 
     relocate in order to accept or perform employment--

       ``(I) mutually benefit such workers, as well as their 
     families, and employers; and
       ``(II) principally benefit neither employer nor employee; 
     and

       ``(ii) employment opportunities within the United States 
     benefit the United States economy.
       ``(2) Required wages.--
       ``(A) In general.--Each employer applying for workers under 
     subsection (b) shall pay not less than the greater of--
       ``(i) the prevailing wage to all workers in the occupation 
     for which the employer has applied for workers; or
       ``(ii) the applicable State minimum wage.
       ``(B) Wages for level ii h-2a workers.--Each employer 
     applying for Level II H-2A workers under subsection (b) shall 
     pay such workers not less than the prevailing wage, as 
     determined by the Secretary of Labor.
       ``(C) Determination of wages.--An employer seeking to 
     comply with subparagraph (A) may--
       ``(i) request and obtain a prevailing wage determination 
     from the State employment agency; or
       ``(ii) rely on other wage information, including a survey 
     of the prevailing wages of workers in the occupation in the 
     area of employment that has been conducted or funded by the 
     employer or a group of employers, using the methodology used 
     by the Secretary of Labor to establish Occupational 
     Employment and Wage estimate, and any other criteria 
     specified in regulations issued by the Secretary of Labor.
       ``(D) Compliance.--An employer shall be considered to have 
     complied with the requirement under subparagraph (A) if the 
     employer--
       ``(i)(I) obtains a prevailing wage determination under 
     subparagraph (C)(i); or
       ``(II) relies on a qualifying survey of prevailing wages; 
     and
       ``(ii) pays such prevailing wage.
       ``(3) Housing requirement.--
       ``(A) In general.--Except as provided under subparagraph 
     (F), each employer applying for workers under subsection (b) 
     shall offer to provide housing at no cost to--
       ``(i) all workers in job opportunities for which the 
     employer has applied under subsection (b); and
       ``(ii) all other workers in the same occupation at the same 
     place of employment, whose place of residence is beyond 
     normal commuting distance.
       ``(B) Compliance.--An employer meets the requirement under 
     subparagraph (A) if the employer--
       ``(i) provides the workers with housing that meets 
     applicable Federal standards for temporary labor camps; or
       ``(ii) secures housing for the workers that--

       ``(I) meets applicable local standards for rental or public 
     accommodation housing, or other substantially similar class 
     of habitation; or
       ``(II) in the absence of applicable local standards, meets 
     State standards for rental or public accommodation housing or 
     other substantially similar class of habitation.

       ``(C) Inspection.--The employer may request a certificate 
     of inspection by an approved Federal or State agency to the 
     Secretary of Labor not later than 28 days before a worker is 
     scheduled to occupy housing described in subparagraph (B). 
     Such an inspection, and any necessary follow up, including at 
     least 1 follow up visit, shall be performed by the Wage and 
     Hour Division of the Department of Labor in a timely manner 
     not later than 28 days after such a request.
       ``(D) Rulemaking.--The Secretary of Labor shall issue 
     regulations that address the specific requirements for the 
     provision of housing to workers engaged in the range 
     production of livestock.
       ``(E) Construction.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Housing allowance.--
       ``(i) Authority.--If the Governor of a State certifies to 
     the Secretary of Labor that there is adequate housing 
     available in the area of intended employment for migrant farm 
     workers, and H-2A workers, who are seeking temporary housing 
     while employed in agricultural work, an employer in such 
     State may, in lieu of offering housing pursuant to 
     subparagraph (A), provide a reasonable housing allowance. An 
     employer who provides a housing allowance to a worker shall 
     not be required to reserve housing accommodations for the 
     worker.
       ``(ii) Assistance in locating housing.--Upon the request of 
     a worker seeking assistance in locating housing, an employer 
     providing a housing allowance under clause (i) shall make a 
     good faith effort to assist the worker in identifying and 
     locating housing in the area of intended employment.
       ``(iii) Limitation.--A housing allowance may not be used 
     for housing that is owned or controlled by the employer. An 
     employer who offers a housing allowance to a worker, or 
     assists a worker in locating housing which the worker 
     occupies, pursuant to this clause shall not be deemed a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protect Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance.
       ``(iv) Other requirements.--

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

       ``(v) Information.--If the employer provides a housing 
     allowance to H-2A employees, the employer shall provide a 
     list to the Secretary of Homeland Security and the Secretary 
     of Labor of the names and local addresses of such workers.
       ``(4) Reimbursement of transportation costs.--
       ``(A) Requirement for reimbursement.--A worker who 
     completes 50 percent of the period of employment of the job 
     for which the worker was hired, beginning on the first day of 
     such employment, shall be reimbursed by the employer for the 
     cost of the worker's transportation and subsistence from--
       ``(i) the place from which the worker was approved to enter 
     the United States to the location at which the work for the 
     employer is performed; or
       ``(ii) if the worker traveled from a place in the United 
     States at which the worker was last employed, from such place 
     of last employment to the location at which the work for the 
     employer is performed.

[[Page 19743]]

       ``(B) Timing of reimbursement.--Reimbursement to the worker 
     of expenses for the cost of the worker's transportation and 
     subsistence to the place of employment under subparagraph (A) 
     shall be considered timely if such reimbursement is made not 
     later than the worker's first regular payday after a worker 
     completes 50 percent of the period of employment of the job 
     opportunity as provided under this paragraph.
       ``(C) Additional reimbursement.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the work site to the 
     place where the worker was approved to enter the United 
     States to work for the employer. If the worker has contracted 
     with a subsequent employer, the previous and subsequent 
     employer shall share the cost of the worker's transportation 
     and subsistence from work site to work site.
       ``(D) Amount of reimbursement.--The amount of reimbursement 
     provided to a worker or alien under this paragraph shall be 
     equal to the lesser of--
       ``(i) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       ``(ii) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.
       ``(E) Reimbursement for laid off workers.--If the worker is 
     laid off or employment is terminated for contract 
     impossibility (as described in paragraph (5)(D)) before the 
     anticipated ending date of employment, the employer shall 
     provide--
       ``(i) the transportation and subsistence required under 
     subparagraph (C); and
       ``(ii) notwithstanding whether the worker has completed 50 
     percent of the period of employment, the transportation 
     reimbursement required under subparagraph (A).
       ``(F) Transportation.--The employer shall provide 
     transportation between the worker's living quarters and the 
     employer's work site without cost to the worker in accordance 
     with applicable laws and regulations.
       ``(G) Construction.--Nothing in this paragraph shall be 
     construed to require an employer to reimburse visa, passport, 
     consular, or international border-crossing fees incurred by 
     the worker or any other fees associated with the worker's 
     lawful admission into the United States to perform 
     employment.
       ``(5) Employment guarantee.--
       ``(A) In general.--
       ``(i) Requirement.--Each employer applying for workers 
     under subsection (b) shall guarantee to offer the worker 
     employment for the hourly equivalent of not less than 75 
     percent of the work hours during the total anticipated period 
     of employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer.
       ``(ii) Failure to meet guarantee.--If the employer affords 
     the United States worker or the H-2A worker less employment 
     than that required under this subparagraph, the employer 
     shall pay such worker the amount which the worker would have 
     earned if the worker had worked for the guaranteed number of 
     hours.
       ``(iii) Period of employment.--For purposes of this 
     subparagraph, the term `period of employment' means the total 
     number of anticipated work hours and work days described in 
     the job offer and shall exclude the worker's Sabbath and 
     Federal holidays.
       ``(B) Calculation of hours.--Any hours which the worker 
     fails to work, up to a maximum of the number of hours 
     specified in the job offer for a work day, when the worker 
     has been offered an opportunity to do so, and all hours of 
     work actually performed (including voluntary work in excess 
     of the number of hours specified in the job offer in a work 
     day, on the worker's Sabbath, or on Federal holidays) may be 
     counted by the employer in calculating whether the period of 
     guaranteed employment has been met.
       ``(C) Limitation.--If the worker voluntarily abandons 
     employment before the end of the contract period, or is 
     terminated for cause, the worker is not entitled to the 75 
     percent guarantee described in subparagraph (A).
       ``(D) Termination of employment.--
       ``(i) In general.--If, before the expiration of the period 
     of employment specified in the job offer, the services of the 
     worker are no longer required due to any form of natural 
     disaster, including flood, hurricane, freeze, earthquake, 
     fire, drought, plant or animal disease, pest infestation, 
     regulatory action, or any other reason beyond the control of 
     the employer before the employment guarantee in subparagraph 
     (A) is fulfilled, the employer may terminate the worker's 
     employment.
       ``(ii) Requirements.--If a worker's employment is 
     terminated under clause (i), the employer shall--

       ``(I) fulfill the employment guarantee in subparagraph (A) 
     for the work days that have elapsed during the period 
     beginning on the first work day after the arrival of the 
     worker and ending on the date on which such employment is 
     terminated; and
       ``(II) make efforts to transfer the United States worker to 
     other comparable employment acceptable to the worker.

       ``(l) Disqualification.--
       ``(1) In general.--Subject to paragraph (2), an alien shall 
     be considered inadmissible to the United States and 
     ineligible for nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) if the alien has, at any time during the 
     previous 5 years, violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission.
       ``(2) Waivers.--
       ``(A) In general.--An alien seeking admission under section 
     101(a)(15)(H)(ii)(a) while outside of the United States shall 
     not be deemed inadmissible under such section by reason of--
       ``(i) paragraph (1);
       ``(ii) section 212(a)(6)(C), if such alien has previously 
     falsely represented himself or herself to be a citizen of the 
     United States for the purpose of agricultural employment; or
       ``(iii) section 212(a)(9)(B), unless such alien was 
     deported from the United States.
       ``(B) Effective period of waiver.--If an alien is admitted 
     to the United States as a result of a waiver under 
     subparagraph (A), such waiver shall remain in effect until 
     the alien subsequently violates--
       ``(i) a material provision of this section; or
       ``(ii) a term or condition of admission into the United 
     States as a nonimmigrant.
       ``(m) Period of Admission.--
       ``(1) In general.--An H-2A alien shall be admitted for an 
     11-month period of employment, excluding--
       ``(A) a period of not more than 7 days before the beginning 
     of the period of employment for the purpose of travel to the 
     work site; and
       ``(B) a period of not more than 14 days after the period of 
     employment for the purpose of departure or extension based on 
     a subsequent offer of employment.
       ``(2) Employment limitation.--An alien may not be employed 
     during the 14-day period described in paragraph (1)(B) except 
     in the employment for which the alien was previously 
     authorized.
       ``(3) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary of Homeland Security to extend 
     the stay of an alien under any other provision of this Act.
       ``(n) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status--
       ``(A) shall have failed to maintain nonimmigrant status as 
     an H-2A worker; and
       ``(B) shall depart the United States or be subject to 
     removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--Not later than 24 hours after 
     the premature abandonment of employment by an H-2A worker, 
     the employer or association acting as an agent for the 
     employer shall notify the Secretary of Homeland Security of 
     such abandonment.
       ``(3) Removal.--The Secretary of Homeland Security shall 
     ensure the prompt removal from the United States of any H-2A 
     worker who violates any term or condition of the worker's 
     nonimmigrant status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate the alien's 
     employment if the alien promptly departs the United States 
     upon termination of such employment.
       ``(o) Replacement of Alien.--
       ``(1) In general.--Upon notification under subsection 
     (n)(2)--
       ``(A) the Secretary of State shall promptly issue a visa to 
     an eligible alien designated by the employer to replace an H-
     2A worker who abandons or prematurely terminates employment; 
     and
       ``(B) the Secretary of Homeland Security shall admit such 
     alien into the United States.
       ``(2) Construction.--Nothing in this subsection shall limit 
     any preference for which United States workers are eligible 
     under this Act.
       ``(p) Identification Document.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     provide each alien authorized to be an H-2A worker with a 
     single machine-readable, tamper-resistant, and counterfeit-
     resistant document that--
       ``(A) authorizes the alien's entry into the United States;
       ``(B) serves, for the appropriate period, as an employment 
     eligibility document; and
       ``(C) verifies the identity of the alien through the use of 
     at least 1 biometric identifier.
       ``(2) Requirements.--The document required for all aliens 
     authorized to be an H-2A worker--
       ``(A) shall be capable of reliably determining whether--
       ``(i) the individual with the document is in fact eligible 
     for employment as an H-2A worker;
       ``(ii) the individual with the document is not claiming the 
     identity of another person; and
       ``(iii) the individual with the document is authorized to 
     be admitted into the United States; and
       ``(B) shall be compatible with--

[[Page 19744]]

       ``(i) other databases of the Secretary of Homeland Security 
     to prevent an alien from obtaining benefits for which the 
     alien is not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(ii) law enforcement databases to determine if the alien 
     has been convicted of criminal offenses.
       ``(q) Extension of Stay of H-2A Workers in the United 
     States.--
       ``(1) Extension of stay.--
       ``(A) Authority.--An employer may petition to extend an H-
     2A worker's stay for up to 2 consecutive contract periods 
     before the alien is required to return to the alien's country 
     of nationality or country of last residence.
       ``(B) Request an extension.--If an employer seeks to 
     employ, or continue to employ, an H-2A worker who is lawfully 
     present in the United States, the employer or association 
     shall request an extension of the alien's stay not later than 
     14 days before the expiration of the period of authorized 
     employment.
       ``(C) Limitations.--An extension of stay under this 
     subsection--
       ``(i) may only commence upon the termination of the H-2A 
     worker's contract with an employer;
       ``(ii) may be effective immediately following the 
     termination of a prior contract; and
       ``(iii) may not exceed 11 months, excluding the 14-day 
     period provided for travel or extension due to subsequent 
     employment.
       ``(D) Return to foreign country.--
       ``(i) Requirement to return.--At the conclusion of 3 
     contract periods authorized under this section, the alien so 
     employed may not be employed in the United States as an H-2A 
     worker until the alien has returned to the alien's country of 
     nationality or country of last residence for a period of not 
     less than 6 months.
       ``(ii) Reentry.--The alien may become eligible for reentry 
     into the United States as an H-2A worker after working in the 
     United States for 2 contract periods and remaining the 
     alien's country of nationality or country of last residence 
     for not less than 4 months. The alien may also be eligible 
     for re-entry to the United States as an H-2A worker after 
     working in the United States for 1 contract period and 
     remaining in the alien's country of nationality or country of 
     last residence for not less than 2 months.
       ``(2) Work authorization.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States on the date of the filing of a petition to 
     extend the stay of the alien may commence or continue the 
     employment described in a petition under paragraph (1). The 
     employer shall provide a copy of the employer's petition for 
     extension of stay to the alien. The alien shall keep the 
     petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(B) Employment eligibility document.--Upon approval of a 
     petition for an extension of stay or change in the alien's 
     authorized employment, the Secretary of Homeland Security 
     shall provide a new or updated employment eligibility 
     document to the alien indicating the new validity date, after 
     which the alien is not required to retain a copy of the 
     petition.
       ``(C) File defined.--In this paragraph, the term `file' 
     means sending the petition by certified mail via the United 
     States Postal Service, return receipt requested, or 
     delivering by guaranteed commercial delivery which will 
     provide the employer with a documented acknowledgment of the 
     date of receipt of the petition for an extension of stay.
       ``(r) Special Rule for Aliens Employed as Livestock 
     Workers.--Notwithstanding any other provision of this 
     section, an alien admitted as an H-2A worker for employment 
     as a sheepherder, goatherder, livestock worker, or dairy 
     worker may be admitted for a period of up to 2 years.


               ``ADMISSION OF CROSS-BORDER H-2AA WORKERS

       ``Sec. 218A.  (a) Definition.--In this section, the term 
     `H-2AA worker' means a nonimmigrant described in section 
     101(a)(15)(H)(ii)(a) who participates in the cross-border 
     worker program established under this section.
       ``(b) Incorporation by Reference.--
       ``(1) In general.--Except as specifically provided under 
     paragraph (2), the provisions under section 218 shall apply 
     to H-2AA workers.
       ``(2) Exceptions.--The provisions under subsections 
     (b)(1)(B), (k)(2)(B), (k)(3), (k)(4) (except for subparagraph 
     (G)), and (r) of section 218 shall not apply to H-2AA 
     workers.
       ``(c) Mandatory Entry and Exit.--An H-2AA worker who 
     complies with the provisions of this section--
       ``(1) may enter the United States each scheduled work day, 
     in accordance with regulations promulgated by the Secretary 
     of Homeland Security; and
       ``(2) shall exit the United States before the end of each 
     day of such entrance.''.
       (2) Clerical amendment.--The table of contents of the 
     Immigration and Nationality Act is adding after the item 
     relating to section 218 the following:

``Sec. 218A. Admission of cross-border H-2AA workers.''.

       (b) Rulemaking.--
       (1) Issuance of visas.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of State shall 
     promulgate regulations, in accordance with the notice and 
     comment provisions of section 553 of title 5, United States 
     Code, to provide for uniform procedures for the issuance of 
     visas by United States consulates and consular officials to 
     nonimmigrants described in section 101(a)(15)(H)(ii)(a) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)).
       (2) H-2AA border crossings.--The Secretary of Homeland 
     Security shall promulgate regulations to establish a process 
     for workers authorized to work in the United States under 
     section 218A of the Immigration and Nationality Act, as added 
     by subsection (a), to ensure that such workers expeditiously 
     enter and exit the United States during each work day.
       (c) Effective Date.--The amendment made by this section 
     shall take effect on the date that is 180 days after the date 
     of enactment of this Act.

     SEC. 223. LEGAL ASSISTANCE FROM THE LEGAL SERVICES 
                   CORPORATION.

       Section 504 of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1854) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Legal Assistance.--(1) Upon application by a 
     complainant and in such circumstances as the court may deem 
     just, the court may appoint an attorney for such complainant 
     and may authorize the commencement of the action.
       ``(2) The Legal Services Corporation may not provide legal 
     assistance for or on behalf of any alien, and may not provide 
     financial assistance to any person or entity that provides 
     legal assistance for or on behalf of any alien, unless the 
     alien--
       ``(A) is described in subsection (a); and
       ``(B) is present in the United States at the time the legal 
     assistance is provided.
       ``(3)(A) No party may bring a civil action for damages or 
     other complaint on behalf of a nonimmigrant described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) unless--
       ``(i) the party makes a request to the Federal Mediation 
     and Conciliation Service or an equivalent State program (as 
     defined by the Secretary of Labor) not later than 90 days 
     before bringing the action to assist the parties in reaching 
     a satisfactory resolution of all issues involving parties to 
     the dispute; and
       ``(ii) the parties to the dispute have attempted, in good 
     faith, mediation or other non-binding dispute resolution of 
     all issues involving all such parties.
       ``(B) If the mediator finds that an agricultural employer, 
     agricultural association, or farm labor contractor has 
     corrected a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1854) or of a 
     regulation under such Act not later than 14 days after the 
     date on which such agricultural employer, agricultural 
     association, or farm labor contractor was notified in writing 
     of such violation, no action may be brought under such Act 
     with respect to such violation.
       ``(C) Any settlement reached through the mediation process 
     described in subparagraph (A) shall preclude any right of 
     action arising out of the same facts between the parties in 
     any Federal or State court or administrative proceeding.
       ``(4) An employer of a nonimmigrant described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)) shall not be required to 
     permit any recipient of grants or contracts under section 
     1007 of the Legal Services Corporation Act (42 U.S.C. 2996f), 
     or any employee of such recipient, to enter upon the 
     employer's property unless such recipient or employee has a 
     prearranged appointment with a particular worker.
       ``(5) The employer of a nonimmigrant described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)) shall post the contact 
     information of the Legal Services Corporation in the dwelling 
     and at the work site of each nonimmigrant employee.
       ``(6) There are authorized to be appropriated for each 
     fiscal year such sums as may be necessary to carry out this 
     subsection.''; and
       (2) by adding at the end the following:
       ``(g)(1) If a defendant prevails in an action under this 
     section in which the plaintiff is represented by an attorney 
     who is employed by the Legal Services Corporation or any 
     entity receiving funds from the Legal Services Corporation, 
     such entity or the Legal Services Corporation shall award to 
     the prevailing defendant fees and other expenses incurred by 
     the defendant in connection with the action.
       ``(2) As used in this subsection, the term `fees and other 
     expenses' has the meaning given the term in section 
     504(b)(1)(A) of title 5, United States Code.
       ``(3) The court shall take whatever steps necessary, 
     including the imposition of sanctions, to ensure compliance 
     with this subsection.''.

[[Page 19745]]



                     Subtitle C--Blue Card Program

     SEC. 231. ADMISSION OF NECESSARY AGRICULTURAL WORKERS.

       (a) In General.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     inserting after section 218A, as added by section 222, the 
     following:


                          ``BLUE CARD PROGRAM

       ``Sec. 218B.  (a) Definitions.--As used in this section--
       ``(1) the term `agricultural employment' means any service 
     or activity that is considered 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 (26 U.S.C. 3121(g)), and labor 
     and services relating to commodities, livestock, dairy, 
     forestry, landscaping, fishing, and the processing of meat, 
     poultry, and fish;
       ``(2) the term `blue card status' means the status of an 
     alien who has been--
       ``(A) lawfully admitted for a temporary period for 
     agricultural employment under subsection (b); and
       ``(B) issued a tamper-resistant, machine-readable document 
     that--
       ``(i) serves as the alien's visa, employment authorization, 
     and travel documentation; and
       ``(ii) contains such biometrics as are required by the 
     Secretary;
       ``(3) the term `employer' means any person or entity, 
     including any farm labor contractor and any agricultural 
     association, that employs workers in agricultural employment;
       ``(4) the term `Secretary' means the Secretary of Homeland 
     Security; and
       ``(5) the term `United States worker' means any worker, 
     including a national of the United States, a lawfully 
     admitted permanent resident alien, and any other alien 
     authorized to work in the relevant job opportunity within the 
     United States, except--
       ``(A) an alien admitted or otherwise provided status under 
     section 101(a)(15)(H)(ii)(a);
       ``(B) an alien admitted or otherwise provided status as an 
     H-2AA worker; and
       ``(C) an alien provided status under this section.
       ``(b) Blue Card Program.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary may confer blue card status upon an alien 
     who qualifies under this subsection if, not later than 6 
     months after the date of enactment of this section, the 
     petitioning employer attests and the Secretary determines 
     that the alien--
       ``(A) performed at least 1600 hours of agricultural 
     employment in the United States for that employer during 
     2005;
       ``(B) except as otherwise provided under paragraph (2), is 
     otherwise admissible to the United States under section 212; 
     and
       ``(C) has never been convicted of a felony or a misdemeanor 
     in the United States.
       ``(2) Determination.--In determining an alien's eligibility 
     for Blue Card status, the Secretary shall--
       ``(A) conduct a background investigation of the alien, 
     including a review of evidence submitted by the petitioning 
     employer in support of the attestation that the alien meets 
     the minimum work requirements; and
       ``(B) interview the alien and require the alien to answer 
     questions concerning the alien's--
       ``(i) physical and mental health;
       ``(ii) criminal history and gang membership;
       ``(iii) immigration history;
       ``(iv) involvement with groups or individuals that have 
     engaged in terrorism, genocide, persecution, or who seek the 
     overthrow of the United States government;
       ``(v) voter registration history;
       ``(vi) claims to United States citizenship; and
       ``(vii) tax history.
       ``(3) Waiver of certain grounds for inadmissibility.--In 
     determining an alien's eligibility for blue card status under 
     paragraph (1)(C)--
       ``(A) the provisions of paragraphs (5), (6)(A), (7)(A), and 
     (9)(B) of section 212(a) shall not apply;
       ``(B) the provisions of section 212(a)(6)(C) shall not 
     apply with respect to prior or current agricultural 
     employment; and
       ``(C) the Secretary may not waive paragraph (1),(2), or (3) 
     of section 212(a) unless such waiver is permitted under 
     another provision of law.
       ``(4) Petitions.--
       ``(A) In general.--An employer seeking blue card status 
     under this section for an alien employee shall file a named 
     petition for blue card status with the Secretary.
       ``(B) Employer petition.--An employer filing a petition 
     under subparagraph (A) shall--
       ``(i) pay a registration fee of $3,000;
       ``(ii) pay a processing fee to cover the actual costs 
     incurred in adjudicating the petition;
       ``(iii) include an affidavit signed by the beneficiary of 
     the petition--

       ``(I) that certifies, under penalty of perjury under the 
     laws of the United States, that the application and any 
     evidence submitted with it is true and correct and that 
     authorizes the release of any information contained in the 
     petition and attached evidence for law enforcement purposes; 
     and
       ``(II) that includes a waiver of rights that explains to 
     the alien that, in exchange for the discretionary benefit of 
     Blue Card status, the alien agrees to waive any right to 
     administrative or judicial review or appeal of a 
     determination by the Department of Homeland Security 
     regarding the alien's eligibility for Blue Card status; and

       ``(iv) provide an attestation, valid for not less than 60 
     days, that the employer--

       ``(I) conducted adequate recruitment in the area of 
     intended employment before filing the petition; and
       ``(II) was unsuccessful in locating qualified United States 
     workers for the job opportunity for which the certification 
     is sought.

       ``(C) Adequate recruitment.--
       ``(i) Minimum requirement.--The adequate recruitment 
     requirement under subparagraph (B)(iii) is satisfied if the 
     employer--

       ``(I) places a job order with the America's Job Bank 
     Program of the Department of Labor; and
       ``(II) places a Sunday advertisement in a newspaper of 
     general circulation that is likely to be patronized by a 
     potential worker in the area of intended employment.

       ``(ii) Advertisement requirement.--An advertisement under 
     clause (i)(II) shall--

       ``(I) name the employer;
       ``(II) direct applicants to report or send resumes, as 
     appropriate for the occupation, to the employer;
       ``(III) provide a description of the vacancy that is 
     specific enough to apprise United States workers of the job 
     opportunity for which certification is sought;
       ``(IV) describe the geographic area with enough specificity 
     to apprise applicants of any travel requirements and where 
     applicants will likely have to reside to perform the job;
       ``(V) state the rate of pay, which must equal or exceed the 
     wage paid to the H-2A employees in the occupation in the area 
     of intended employment; and
       ``(VI) offer wages, terms, and conditions of employment, 
     which are at least as favorable as those offered to the 
     alien.

       ``(D) Adjudication of petitions.--The Secretary of Homeland 
     Security shall ensure that--
       ``(i) the petitioning process is secure and incorporates 
     anti-fraud protections; and
       ``(ii) all petitions for Blue Card status are processed not 
     later than 12 months after the date of enactment of this 
     section.
       ``(E) Notification of adjudication.--The Secretary shall 
     provide notification of an adjudication of a petition filed 
     for an alien to the alien and to the employer who filed such 
     petition.
       ``(F) Effect of denial.--If the Secretary denies a petition 
     filed for an alien, such alien shall return to the country of 
     the alien's nationality or last residence outside the United 
     States.
       ``(5) Blue card status.--
       ``(A) Blue card.--
       ``(i) All-in-one card.--The Secretary, in conjunction with 
     the Secretary of State, shall develop a single machine-
     readable, tamper-resistant document that--

       ``(I) authorizes the alien's entry into the United States;
       ``(II) serves, during the period an alien is in blue card 
     status, as an employment authorized endorsement or other 
     appropriate work permit for agricultural employment; and
       ``(III) serves as an entry and exit document to be used in 
     conjunction with a proper visa or as a visa and as other 
     appropriate travel and entry documentation using biometric 
     identifiers that meet the biometric identifier standards 
     jointly established by the Secretary of State and the 
     Secretary.

       ``(ii) Biometrics.--

       ``(I) Submission of identifiers.--After a petition is filed 
     by an employer and receipt of such petition is confirmed by 
     the Secretary, the alien, in order to further adjudicate the 
     petition, shall submit 2 biometric identifiers (such as a 
     fingerprint and a digital photograph), as required by the 
     Secretary, to an application support center, which the 
     Secretary shall establish in each State.
       ``(II) Process.--The Secretary shall prescribe a process 
     for the submission of a biometric identifier to be 
     incorporated electronically into an employer's prior 
     electronic filing of a petition. The Secretary shall 
     prescribe an alternative process for employers to file a 
     petition in a manner other than electronic filing, as needed.

       ``(B) Document requirements.--The Secretary shall issue a 
     blue card that is--
       ``(i) capable of reliably determining if the individual 
     with the blue card whose eligibility is being verified is--

       ``(I) eligible for employment;
       ``(II) claiming the identity of another person; and
       ``(III) authorized to be admitted; and

       ``(ii) compatible with--

       ``(I) other databases maintained by the Secretary to 
     exclude aliens from benefits for which the aliens are not 
     eligible and determine whether the alien is unlawfully 
     present in the United States; and
       ``(II) law enforcement databases to determine if the alien 
     has been convicted of criminal offenses.

       ``(C) Authorized travel.--
       ``(i) In general.--An alien may make brief visits outside 
     the United States during the

[[Page 19746]]

     period in which the alien is in blue card status, in 
     accordance with such regulations as are established by the 
     Secretary, in conjunction with the Secretary of State.
       ``(ii) Readmission.--An alien may be readmitted to the 
     United States after a visit described in clause (i) without 
     having to obtain a visa if the alien presents the alien's 
     blue card document.
       ``(iii) Effect of travel.--Such periods of time spent 
     outside the United States shall not cause the period of blue 
     card status in the United States to be extended.
       ``(D) Portability.--
       ``(i) In general.--During the period in which an alien is 
     in blue card status, the alien issued a blue card may accept 
     new employment upon the Secretary's receipt of a petition 
     filed by an employer on behalf of the alien. Employment 
     authorization shall continue for such alien until such 
     petition is adjudicated.
       ``(ii) Effect of denial.--If a petition filed under clause 
     (i) is denied and the alien has ceased employment with the 
     previous employer, the authorization under clause (i) shall 
     terminate and the alien shall be required to return to the 
     country of the alien's nationality or last residence.
       ``(iii) Fee.--A fee may be required by the Secretary to 
     cover the actual costs incurred in adjudicating a petition 
     under this subparagraph. No other fee may be required under 
     this subparagraph.
       ``(E) Annual check in.--The employer of an alien in blue 
     card status who has been employed for 1 year in blue card 
     status shall confirm the alien's continued status with the 
     Secretary electronically or in writing. Such confirmation 
     will not require a further labor attestation.
       ``(F) Termination of blue card status.--The Secretary may 
     terminate the blue card status of an alien upon a 
     determination by the Secretary that--
       ``(i) without the appropriate waiver, the granting of blue 
     card status was the result of fraud or willful 
     misrepresentation (as described in section 212(a)(6)(C)(i);
       ``(ii) the alien is convicted of a felony or a misdemeanor 
     committed in the United States; or
       ``(iii) the alien is deportable or inadmissible under any 
     other provision of this Act.
       ``(6) Period of authorized admission.--
       ``(A) In general.--An alien may be granted blue card status 
     for a period not to exceed 2 years.
       ``(B) Return to country.--At the end of the period referred 
     to in subparagraph (A), the alien shall return to the country 
     of nationality or last residence.
       ``(C) Eligibility for nonimmigrant visa.--Upon returning to 
     the country of nationality or last residence under 
     subparagraph (B), the alien may apply for an H-2A visa, an H-
     2AA visa, or any other nonimmigrant visa.
       ``(D) Reporting requirement.--Not later than 24 hours after 
     an alien with blue card status ceases to be employed by an 
     employer, such employer shall notify the Secretary of such 
     cessation of employment. The Secretary shall provide 
     electronic means for making such notification.
       ``(E) Loss of employment.--
       ``(i) In general.--The blue card status of an alien shall 
     terminate if the alien is not employed for 60 or more 
     consecutive days.
       ``(ii) Return to country.--An alien whose period of 
     authorized admission terminates under clause (i) shall return 
     to the country of the alien's nationality or last residence.
       ``(7) Grounds for eligibility.--
       ``(A) Bar to future visas for condition violations.--If an 
     alien having blue card status violates any term or condition 
     of such status, the alien shall not be eligible for such 
     status or for future immigrant and non-immigrant status, as 
     determined by the Secretary.
       ``(B) Aliens in h-2a status.--Any alien in lawful H-2A 
     status between January 1, 2005 and December 31, 2006 shall be 
     ineligible for blue card status.
       ``(8) Bar of change or adjustment of status.--
       ``(A) In general.--An alien having blue card status shall 
     not be eligible to change or adjust status in the United 
     States.
       ``(B) Loss of eligibility.--An alien having blue card 
     status shall lose eligibility for such status if the alien--
       ``(i) files a petition to adjust status to legal permanent 
     residence in the United States; or
       ``(ii) requests a consular processing for an immigrant or 
     non-immigrant visa outside the United States.
       ``(9) Judicial review.--There shall be no judicial review 
     of a denial of blue card status.
       ``(c) Safe Harbor.--
       ``(1) Safe harbor for alien.--An alien for whom a 
     nonfrivolous petition is filed under this section--
       ``(A) shall be granted employment authorization pending 
     final adjudication of the petition;
       ``(B) may not be detained, determined inadmissible, or 
     deportable, or removed pending final adjudication of the 
     petition for blue card status, unless the alien commits an 
     act which renders the alien ineligible for such blue card 
     status; and
       ``(C) may not be considered an unauthorized alien (as 
     defined in section 274(h)(3)) if the alien is in possession 
     of a copy of a petition for status until such petition is 
     adjudicated.
       ``(2) Safe harbor for employer.--
       ``(A) Tax liability.--An employer that files a petition for 
     blue card status for an alien shall not be subject to civil 
     and criminal tax liability relating directly to the 
     employment of such alien.
       ``(B) Employment records.--An employer that provides 
     unauthorized aliens with copies of employment records or 
     other evidence of employment pursuant to the petition shall 
     not be subject to civil and criminal liability pursuant to 
     section 274A for employing such authorized aliens.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 218A, as added by section 222, 
     the following:

``Sec. 218B. Blue card program.''.

       (c) Penalties for False Statements.--Section 1546 of title 
     18, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Any person, including the alien who is the 
     beneficiary of a petition, who--
       ``(1) files a petition under section 218B(b)(3) of the 
     Immigration and Nationality Act; and
       ``(2)(A) knowingly and willfully falsifies, conceals, or 
     covers up a material fact related to such a petition;
       ``(B) 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 related to such a petition; 
     or
       ``(C) creates or supplies a false writing or document for 
     use in making such a petition,
     shall be fined in accordance with this title, imprisoned not 
     more than 5 years, or both.''.

     SEC. 232. EFFECTIVE DATE.

       This subtitle shall take effect on the date that is 6 
     months after the date of enactment of this Act.
                                 ______
                                 
  SA 5054. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 5028 submitted by Mr. Salazar (for himself, Mr. Kennedy, 
Mr. Lieberman, Mr. Obama, Mr. Reid, Mr. Leahy, Mr. Durbin, and Mr. 
Carper) and intended to be proposed to the bill H.R. 6061, to establish 
operational control over the international land and maritime borders of 
the United States; which was ordered to lie on the table; as follows:

       Beginning on page 688, strike line 9 and all that follows 
     through page 689, line 7.
                                 ______
                                 
  SA 5055. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On page 2, line 1, insert ``, consistent with and subject 
     to all applicable regulations, laws, and provisions of the 
     Constitution,'' after ``appropriate''.
                                 ______
                                 
  SA 5056. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 5036 proposed by Mr. Frist to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:

       On page 96, after line 19, add the following:

     SEC. 11. EXPEDITED REVIEW.

       (a) In General.--
       (1) Three-judge district court hearing.--Any civil action 
     challenging the legality of any provision of, or any 
     amendment made by, this Act, shall be heard by a 3-judge 
     panel in the United States District Court for the District of 
     Columbia convened under section 2284 of title 28, United 
     States Code. The exclusive venue for expedited review under 
     this section shall be the United States District Court for 
     the District of Columbia.
       (2) Appellate review.--An interlocutory or final judgment, 
     decree, or order of the court of 3 judges in an action under 
     paragraph (1) shall be reviewable as a matter of right by 
     direct appeal to the Supreme Court of the United States. Any 
     such appeal shall be taken by a notice of appeal filed not 
     later than 10 calendar days after such order or judgment is 
     entered and the jurisdictional statement shall be filed not 
     later than 30 calendar days after such order or judgment is 
     entered.
       (3) Expedited consideration.--It shall be the duty of the 
     District Court for the District of Columbia and the Supreme 
     Court of the United States to advance on the docket and to 
     expedite to the greatest possible extent the disposition of 
     any matter brought under paragraph (1).
       (b) Other Provision.--Notwithstanding any other provision 
     of this Act, section 950k(b) of title 10, United States Code, 
     shall read as follows:
       ``(b) Review of Military Commission Procedures and 
     Actions.--Except as otherwise

[[Page 19747]]

     provided in this chapter or section 11 of the Military 
     Commissions Act of 2006, and notwithstanding any other 
     provision of law (including section 2241 of title 28 or any 
     other habeas corpus provision), no court, justice, or judge 
     shall have jurisdiction to hear or consider any claim or 
     cause of action whatsoever, including any action pending on 
     or filed after the date of the enactment of the Military 
     Commissions Act of 2006, relating to the prosecution, trial, 
     or judgment of a military commission under this chapter, 
     including challenges to the lawfulness of procedures of 
     military commissions under this chapter.''.
                                 ______
                                 
  SA 5057. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 5036 proposed by Mr. Frist to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 11. ANNUAL REPORT ON INTERROGATION OF ALIEN UNLAWFUL 
                   ENEMY COMBATANTS UNDER CUSTODY OR CONTROL OF 
                   THE UNITED STATES.

       (a) Annual Report Required.--Not later than January 31 each 
     year, the Director of National Intelligence shall submit to 
     Congress a report on the interrogation of alien unlawful 
     enemy combatants under the custody or control of the United 
     States during the preceding calendar year.
       (b) Elements.--Each report under subsection (a) shall set 
     forth, for the year covered by such report, the following:
       (1) The types of interrogation methods utilized.
       (2) The types of information gathered as a result of the 
     interrogations.
       (c) Form of Reports.--
       (1) Intelligence committees.--Each report under subsection 
     (a) shall be provided to all members of the Select Committee 
     on Intelligence of the Senate and the Permanent Select 
     Committee on Intelligence of the House of Representatives in 
     the form of a written and oral classified briefing.
       (2) Congress generally.--Each report under subsection (a) 
     shall be otherwise submitted to Congress in unclassified 
     form, with a classified annex if appropriate.
       (d) Unlawful Enemy Combatant Defined.--In this section, the 
     term ``unlawful enemy combatant'' has the meaning given that 
     term in section 948a(1) of title 10, United States Code, as 
     amended by section 3 (as added by Senate amendment No. 5036).
                                 ______
                                 
  SA 5058. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 5036 proposed by Mr. Frist to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:

       On page 83, strike line 1 and all that follows through page 
     93, line 4, and insert the following:

     SEC. 6. REVISION TO WAR CRIMES OFFENSE UNDER FEDERAL CRIMINAL 
                   CODE.

       (a) In General.--Section 2441 of title 18, United States 
     Code, is amended--
       (1) in subsection (c), by striking paragraph (3) and 
     inserting the following new paragraph (3):
       ``(3) which constitutes a grave breach of common Article 3 
     (as defined in subsection (d)) when committed in the context 
     of and in association with an armed conflict not of an 
     international character; or''; and
       (2) by adding at the end the following new subsection:
       ``(d) Common Article 3 Violations.--
       ``(1) Grave breach of common article 3.--In subsection 
     (c)(3), the term `grave breach of common Article 3' means any 
     conduct (such conduct constituting a grave breach of common 
     Article 3 of the international conventions done at Geneva 
     August 12, 1949), as follows:
       ``(A) Torture.--The act of a person who commits, or 
     conspires or attempts to commit, an act specifically intended 
     to inflict severe physical or mental pain or suffering (other 
     than pain or suffering incidental to lawful sanctions) upon 
     another person within his custody or physical control for the 
     purpose of obtaining information or a confession, punishment, 
     intimidation, coercion, or any reason based on discrimination 
     of any kind.
       ``(B) Cruel, unusual, or inhumane treatment or 
     punishment.--The act of a person who subjects another person 
     in the custody or under the physical control of the United 
     States Government, regardless of nationality or physical 
     location, to cruel, unusual, or inhumane treatment or 
     punishment prohibited by the Fifth, Eighth, and 14th 
     Amendments to the Constitution of the United States.
       ``(C) Performing biological experiments.--The act of a 
     person who subjects, or conspires or attempts to subject, one 
     or more persons within his custody or physical control to 
     biological experiments without a legitimate medical or dental 
     purpose and in so doing endangers the body or health of such 
     person or persons.
       ``(D) Murder.--The act of a person who intentionally kills, 
     or conspires or attempts to kill, or kills whether 
     intentionally or unintentionally in the course of committing 
     any other offense under this section, one or more persons 
     taking no active part in hostilities, including those placed 
     out of active combat by sickness, wounds, detention, or any 
     other cause.
       ``(E) Mutilation or maiming.--The act of a person who 
     intentionally injures, or conspires or attempts to injure, or 
     injures whether intentionally or unintentionally in the 
     course of committing any other offense under this section, 
     one or more persons taking no active part in hostilities, 
     including those placed out of active combat by sickness, 
     wounds, detention, or any other cause, by disfiguring such 
     person or persons by any mutilation thereof or by permanently 
     disabling any member, limb, or organ of the body of such 
     person or persons, without any legitimate medical or dental 
     purpose.
       ``(F) Intentionally causing serious bodily injury.--The act 
     of a person who intentionally causes, or conspires or 
     attempts to cause, serious bodily injury to one or more 
     persons, including lawful combatants, in violation of the law 
     of war.
       ``(G) Rape.--The act of a person who forcibly or with 
     coercion or threat of force wrongfully invades, or conspires 
     or attempts to invade, the body of a person by penetrating, 
     however slightly, the anal or genital opening of the victim 
     with any part of the body of the accused, or with any foreign 
     object.
       ``(H) Sexual assault or abuse.--The act of person who 
     forcibly or with coercion or threat of force engages, or 
     conspires or attempts to engage, in sexual contact with one 
     or more persons, or causes, or conspires or attempts to 
     cause, one or more persons to engage in sexual contact.
       ``(I) Taking hostages.--The act of a person who, having 
     knowingly seized or detained one or more persons, threatens 
     to kill, injure, or continue to detain such person or persons 
     with the intent of compelling any nation, person other than 
     the hostage, or group of persons to act or refrain from 
     acting as an explicit or implicit condition for the safety or 
     release of such person or persons.
       ``(2) Definitions.--In the case of an offense under 
     subsection (a) by reason of subsection (c)(3)--
       ``(A) the term `severe mental pain or suffering' shall be 
     applied for purposes of paragraph (1)(A) in accordance with 
     the meaning given that term in section 2340(2) of this title;
       ``(B) the term `serious bodily injury' shall be applied for 
     purposes of paragraph (1)(F) in accordance with the meaning 
     given that term in section 113(b)(2) of this title; and
       ``(C) the term `sexual contact' shall be applied for 
     purposes of paragraph (1)(G) in accordance with the meaning 
     given that term in section 2246(3) of this title.
       ``(3) Inapplicability of certain provisions with respect to 
     collateral damage or incident of lawful attack.--The intent 
     specified for the conduct stated in subparagraphs (D), (E), 
     and (F) of paragraph (1) precludes the applicability of those 
     subparagraphs to an offense under subsection (a) by reasons 
     of subsection (c)(3) with respect to--
       ``(A) collateral damage; or
       ``(B) death, damage, or injury incident to a lawful attack.
       ``(4) Inapplicability of taking hostages to prisoner 
     exchange.--Paragraph (1)(I) does not apply to an offense 
     under subsection (a) by reason of subsection (c)(3) in the 
     case of a prisoner exchange during wartime.''.
       (b) Construction.--Such section is further amended by 
     adding at the end the following new subsections:
       ``(e) Inapplicability of Foreign Sources of Law in 
     Interpretation.--No foreign source of law shall be considered 
     in defining or interpreting the obligations of the United 
     States under this title.
       ``(f) Nature of Criminal Sanctions.--The criminal sanctions 
     in this section provide penal sanctions under the domestic 
     law of the United States for grave breaches of the 
     international conventions done at Geneva August 12, 1949. 
     Such criminal sanctions do not alter the obligations of the 
     United States under those international conventions.''.
       (c) Protection of Certain United States Government 
     Personnel.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(g) Protection of Certain United States Government 
     Personnel.--The provisions of section 1004 of the Detainee 
     Treatment Act of 2005 (42 U.S.C. 2000dd-1) shall apply with 
     respect to any criminal prosecution relating to the detention 
     and interrogation of individuals described in such provisions 
     that is grounded in an offense under subsection (a) by reason 
     of subsection (c)(3) with respect to actions occurring 
     between September 11, 2001, and December 30, 2005.''.
                                 ______
                                 
  SA 5059. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 5038 proposed by Mr. Frist to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:


[[Page 19748]]

       On page 83, strike line 1 and all that follows through page 
     93, line 4, and insert the following:

     SEC. 6. REVISION TO WAR CRIMES OFFENSE UNDER FEDERAL CRIMINAL 
                   CODE.

       (a) In General.--Section 2441 of title 18, United States 
     Code, is amended--
       (1) in subsection (c), by striking paragraph (3) and 
     inserting the following new paragraph (3):
       ``(3) which constitutes a grave breach of common Article 3 
     (as defined in subsection (d)) when committed in the context 
     of and in association with an armed conflict not of an 
     international character; or''; and
       (2) by adding at the end the following new subsection:
       ``(d) Common Article 3 Violations.--
       ``(1) Grave breach of common article 3.--In subsection 
     (c)(3), the term `grave breach of common Article 3' means any 
     conduct (such conduct constituting a grave breach of common 
     Article 3 of the international conventions done at Geneva 
     August 12, 1949), as follows:
       ``(A) Torture.--The act of a person who commits, or 
     conspires or attempts to commit, an act specifically intended 
     to inflict severe physical or mental pain or suffering (other 
     than pain or suffering incidental to lawful sanctions) upon 
     another person within his custody or physical control for the 
     purpose of obtaining information or a confession, punishment, 
     intimidation, coercion, or any reason based on discrimination 
     of any kind.
       ``(B) Cruel, unusual, or inhumane treatment or 
     punishment.--The act of a person who subjects another person 
     in the custody or under the physical control of the United 
     States Government, regardless of nationality or physical 
     location, to cruel, unusual, or inhumane treatment or 
     punishment prohibited by the Fifth, Eighth, and 14th 
     Amendments to the Constitution of the United States.
       ``(C) Performing biological experiments.--The act of a 
     person who subjects, or conspires or attempts to subject, one 
     or more persons within his custody or physical control to 
     biological experiments without a legitimate medical or dental 
     purpose and in so doing endangers the body or health of such 
     person or persons.
       ``(D) Murder.--The act of a person who intentionally kills, 
     or conspires or attempts to kill, or kills whether 
     intentionally or unintentionally in the course of committing 
     any other offense under this section, one or more persons 
     taking no active part in hostilities, including those placed 
     out of active combat by sickness, wounds, detention, or any 
     other cause.
       ``(E) Mutilation or maiming.--The act of a person who 
     intentionally injures, or conspires or attempts to injure, or 
     injures whether intentionally or unintentionally in the 
     course of committing any other offense under this section, 
     one or more persons taking no active part in hostilities, 
     including those placed out of active combat by sickness, 
     wounds, detention, or any other cause, by disfiguring such 
     person or persons by any mutilation thereof or by permanently 
     disabling any member, limb, or organ of the body of such 
     person or persons, without any legitimate medical or dental 
     purpose.
       ``(F) Intentionally causing serious bodily injury.--The act 
     of a person who intentionally causes, or conspires or 
     attempts to cause, serious bodily injury to one or more 
     persons, including lawful combatants, in violation of the law 
     of war.
       ``(G) Rape.--The act of a person who forcibly or with 
     coercion or threat of force wrongfully invades, or conspires 
     or attempts to invade, the body of a person by penetrating, 
     however slightly, the anal or genital opening of the victim 
     with any part of the body of the accused, or with any foreign 
     object.
       ``(H) Sexual assault or abuse.--The act of person who 
     forcibly or with coercion or threat of force engages, or 
     conspires or attempts to engage, in sexual contact with one 
     or more persons, or causes, or conspires or attempts to 
     cause, one or more persons to engage in sexual contact.
       ``(I) Taking hostages.--The act of a person who, having 
     knowingly seized or detained one or more persons, threatens 
     to kill, injure, or continue to detain such person or persons 
     with the intent of compelling any nation, person other than 
     the hostage, or group of persons to act or refrain from 
     acting as an explicit or implicit condition for the safety or 
     release of such person or persons.
       ``(2) Definitions.--In the case of an offense under 
     subsection (a) by reason of subsection (c)(3)--
       ``(A) the term `severe mental pain or suffering' shall be 
     applied for purposes of paragraph (1)(A) in accordance with 
     the meaning given that term in section 2340(2) of this title;
       ``(B) the term `serious bodily injury' shall be applied for 
     purposes of paragraph (1)(F) in accordance with the meaning 
     given that term in section 113(b)(2) of this title; and
       ``(C) the term `sexual contact' shall be applied for 
     purposes of paragraph (1)(G) in accordance with the meaning 
     given that term in section 2246(3) of this title.
       ``(3) Inapplicability of certain provisions with respect to 
     collateral damage or incident of lawful attack.--The intent 
     specified for the conduct stated in subparagraphs (D), (E), 
     and (F) of paragraph (1) precludes the applicability of those 
     subparagraphs to an offense under subsection (a) by reasons 
     of subsection (c)(3) with respect to--
       ``(A) collateral damage; or
       ``(B) death, damage, or injury incident to a lawful attack.
       ``(4) Inapplicability of taking hostages to prisoner 
     exchange.--Paragraph (1)(I) does not apply to an offense 
     under subsection (a) by reason of subsection (c)(3) in the 
     case of a prisoner exchange during wartime.''.
       (b) Construction.--Such section is further amended by 
     adding at the end the following new subsections:
       ``(e) Inapplicability of Foreign Sources of Law in 
     Interpretation.--No foreign source of law shall be considered 
     in defining or interpreting the obligations of the United 
     States under this title.
       ``(f) Nature of Criminal Sanctions.--The criminal sanctions 
     in this section provide penal sanctions under the domestic 
     law of the United States for grave breaches of the 
     international conventions done at Geneva August 12, 1949. 
     Such criminal sanctions do not alter the obligations of the 
     United States under those international conventions.''.
       (c) Protection of Certain United States Government 
     Personnel.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(g) Protection of Certain United States Government 
     Personnel.--The provisions of section 1004 of the Detainee 
     Treatment Act of 2005 (42 U.S.C. 2000dd-1) shall apply with 
     respect to any criminal prosecution relating to the detention 
     and interrogation of individuals described in such provisions 
     that is grounded in an offense under subsection (a) by reason 
     of subsection (c)(3) with respect to actions occurring 
     between September 11, 2001, and December 30, 2005.''.
                                 ______
                                 
  SA 5060. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On page 93, strike line 5 and all that follows through page 
     94, line 9.
                                 ______
                                 
  SA 5061. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On page 5, line 18, strike ``and'' and all that follows 
     through line 20, and insert the following:
       (3) the economic impact implementing such a system will 
     have along the northern border; and
       (4) the status of border security measures on the Blackfeet 
     Reservation in Montana and recommendations for improving such 
     measures.
                                 ______
                                 
  SA 5062. Mr. SPECTER (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 5038 proposed by Mr. 
Frist to the bill H.R. 5061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On page 93, strike line 5 and all that follows through page 
     94, line 9.
                                 ______
                                 
  SA 5063. Mr. SPECTER (for himself, Mr. Leahy, and Mr. Smith) 
submitted an amendment intended to be proposed to amendment SA 5038 
proposed by Mr. Frist to the bill H.R. 6061, to establish operational 
control over the international land and maritime borders of the United 
States; which was ordered to lie on the table; as follows:

       On page 94, line 2, strike the quotation marks and the 
     second period and insert the following:
       ``(3)(A) Paragraph (1) shall not apply to an application 
     for a writ of habeas corpus challenging the legality of the 
     detention of an alien described in paragraph (1), including a 
     claim of innocence, filed by or on behalf of such an alien 
     who has been detained by the United States for longer than 1 
     year.
       ``(B) No second or successive application for a writ of 
     habeas corpus may be filed by or on behalf of an alien 
     described in paragraph (1).''.
                                 ______
                                 
  SA 5064. Mr. SPECTER (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 5036 proposed by Mr. 
Frist to the bill H.R. 6061, to establish operational control over the 
international land and maritime borders of the United States; which was 
ordered to lie on the table; as follows:

       On page 93, strike line 5 and all that follows through page 
     94, line 9.

[[Page 19749]]


                                 ______
                                 
  SA 5065. Mr. SPECTER (for himself, Mr. Leahy, and Mr. Smith) 
submitted an amendment intended to be proposed to amendment SA 5036 
proposed by Mr. Frist to the bill H.R. 6061, to establish operational 
control over the international land and maritime borders of the United 
States; which was ordered to lie on the table; as follows:

       On page 94, line 2, strike the quotation marks and the 
     second period and insert the following:
       ``(3)(A) Paragraph (1) shall not apply to an application 
     for a writ of habeas corpus challenging the legality of the 
     detention of an alien described in paragraph (1), including a 
     claim of innocence, filed by or on behalf of such an alien 
     who has been detained by the United States for longer than 1 
     year.
       ``(B) No second or successive application for a writ of 
     habeas corpus may be filed by or on behalf of an alien 
     described in paragraph (1).''.
                                 ______
                                 
  SA 5066. Mrs. HUTCHISON (for herself and Mr. Kyl) submitted an 
amendment intended to be proposed by her to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:

       On page 3, strike line 4 and all that follows through page 
     5, line 8, and insert the following:

     SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN 
                   BORDER AREA FROM PACIFIC OCEAN TO GULF OF 
                   MEXICO.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Construction of Fencing and Road Improvements in the 
     Border Area.--
       ``(1) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security, subject to appropriation 
     and after consultation with representatives of State and 
     local government, shall provide for appropriate physical 
     infrastructure, such as double- or triple-layered fencing, 
     additional physical barriers, roads, lighting, cameras and 
     sensors, along not less than 700 linear miles of the 
     southwest border in the areas the Secretary determines are 
     most often used by smugglers and illegal aliens attempting to 
     gain illegal entry into the United States or that have 
     proximity to metropolitan areas or military facilities.
       ``(2) Priority areas.--In carrying out paragraph (1), the 
     Secretary of Homeland Security shall give priority for the 
     deployment of additional fencing and other border security 
     infrastructure within the geographic areas--
       ``(A) extending from 10 miles west of the Tecate, 
     California, port of entry to 10 miles east of the Tecate, 
     California, port of entry;
       ``(B) extending from 10 miles west of the Calexico, 
     California, port of entry to 5 miles east of the Douglas, 
     Arizona, port of entry;
       ``(C) extending from 5 miles west of the Columbus, New 
     Mexico, port of entry to 10 miles east of El Paso, Texas;
       ``(D) extending from 5 miles northwest of the Del Rio, 
     Texas, port of entry to 5 miles southeast of the Eagle Pass, 
     Texas, port of entry; and
       ``(E) extending 15 miles northwest of the Laredo, Texas, 
     port of entry to the Brownsville, Texas, port of entry.
       ``(3) Reports.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on the Judiciary of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives that describes the progress that has 
     been made in constructing the fencing, barriers, roads and 
     other border infrastructure described in paragraphs (1) and 
     (2). Whenever the Secretary of Homeland Security determines 
     that the fencing is not feasible for those areas described in 
     this subsection, the Secretary shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     explains why the fencing was not feasible and the alternative 
     security measures that were implemented.
       ``(4) Authorization of appropriations.--
       ``(A) In general.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this subsection.
       ``(B) Availability of funds.--Amounts appropriated pursuant 
     to this paragraph shall remain available until expended.''.
                                 ______
                                 
  SA 5067. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 6061, to establish operational control 
over the international land and maritime borders of the United States; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN 
                   BORDER AREA FROM PACIFIC OCEAN TO GULF OF 
                   MEXICO.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Construction of Fencing and Road Improvements in the 
     Border Area.--
       ``(1) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security, subject to appropriation 
     and after consultation with representatives of State and 
     local government, shall provide for appropriate physical 
     infrastructure, such as double- or triple-layered fencing, 
     additional physical barriers, roads, lighting, cameras and 
     sensors, along not less than 700 linear miles of the 
     southwest border in the areas the Secretary determines are 
     most often used by smugglers and illegal aliens attempting to 
     gain illegal entry into the United States or that have 
     proximity to metropolitan areas or military facilities.
       ``(2) Priority areas.--In carrying out paragraph (1), the 
     Secretary of Homeland Security shall give priority for the 
     deployment of additional fencing and other border security 
     infrastructure within the geographic areas--
       ``(A) extending from 10 miles west of the Tecate, 
     California, port of entry to 10 miles east of the Tecate, 
     California, port of entry;
       ``(B) extending from 10 miles west of the Calexico, 
     California, port of entry to 5 miles east of the Douglas, 
     Arizona, port of entry;
       ``(C) extending from 5 miles west of the Columbus, New 
     Mexico, port of entry to 10 miles east of El Paso, Texas;
       ``(D) extending from 5 miles northwest of the Del Rio, 
     Texas, port of entry to 5 miles southeast of the Eagle Pass, 
     Texas, port of entry; and
       ``(E) extending 15 miles northwest of the Laredo, Texas, 
     port of entry to the Brownsville, Texas, port of entry.
       ``(3) Reports.--Not later than 366 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on the Judiciary of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives that describes the progress that has 
     been made in constructing the fencing, barriers, roads and 
     other border infrastructure described in paragraphs (1) and 
     (2). Whenever the Secretary of Homeland Security determines 
     that the fencing is not feasible for those areas described in 
     this subsection, the Secretary shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     explains why the fencing was not feasible and the alternative 
     security measures that were implemented.
       ``(4) Authorization of appropriations.--
       ``(A) In general.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this subsection.
       ``(B) Availability of funds.--Amounts appropriated pursuant 
     to this paragraph shall remain available until expended.''.
                                 ______
                                 
  SA 5068. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 6061, to establish operational control 
over the international land and maritime borders of the United States; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN 
                   BORDER AREA FROM PACIFIC OCEAN TO GULF OF 
                   MEXICO.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Construction of Fencing and Road Improvements in the 
     Border Area.--
       ``(1) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security, subject to appropriation 
     and after consultation with representatives of State and 
     local government, shall provide for appropriate physical 
     infrastructure, such as double- or triple-layered fencing, 
     additional physical barriers, roads, lighting, cameras and 
     sensors, along not less than 700 linear miles of the 
     southwest border in the areas the Secretary determines are 
     most often used by smugglers and illegal aliens attempting to 
     gain illegal entry into the United States or that have 
     proximity to metropolitan areas or military facilities.
       ``(2) Priority areas.--In carrying out paragraph (1), the 
     Secretary of Homeland Security shall give priority for the 
     deployment of additional fencing and other border security 
     infrastructure within the geographic areas--
       ``(A) extending from 10 miles west of the Tecate, 
     California, port of entry to 10 miles east of the Tecate, 
     California, port of entry;
       ``(B) extending from 10 miles west of the Calexico, 
     California, port of entry to 5 miles east of the Douglas, 
     Arizona, port of entry;

[[Page 19750]]

       ``(C) extending from 5 miles west of the Columbus, New 
     Mexico, port of entry to 10 miles east of El Paso, Texas;
       ``(D) extending from 5 miles northwest of the Del Rio, 
     Texas, port of entry to 5 miles southeast of the Eagle Pass, 
     Texas, port of entry; and
       ``(E) extending 15 miles northwest of the Laredo, Texas, 
     port of entry to the Brownsville, Texas, port of entry.
       ``(3) Reports.--Not later than 366 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on the Judiciary of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives that describes the progress that has 
     been made in constructing the fencing, barriers, roads and 
     other border infrastructure described in paragraphs (1) and 
     (2). Whenever the Secretary of Homeland Security determines 
     that the fencing is not feasible for those areas described in 
     this subsection, the Secretary shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     explains why the fencing was not feasible and the alternative 
     security measures that were implemented.
       ``(4) Authorization of appropriations.--
       ``(A) In general.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this subsection.
       ``(B) Availability of funds.--Amounts appropriated pursuant 
     to this paragraph shall remain available until expended.''.
                                 ______
                                 
  SA 5069. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 5036 proposed by Mr. Frist to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:

       On page 46, below line 20, in the item relating to section 
     950g, strike ``United States Court of Appeals for the 
     District of Columbia Circuit'' and insert ``United States 
     Court of Appeals for the Armed Forces''.
       On page 55, strike line 5 and all that follows through page 
     56, line 2, and insert the following:

     ``Sec. 950g. Review by the United States Court of Appeals for 
       the Armed Forces and the Supreme Court

       ``(a) Review by United States Court of Appeals for the 
     Armed Forces.--(1) Subject to the provisions of this 
     subsection, the United States Court of Appeals for the Armed 
     Forces shall have exclusive jurisdiction to determine the 
     final validity of any judgment rendered by a military 
     commission under this chapter.
       On page 56, beginning on line 3, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 56, beginning on line 9, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 57, beginning on line 4, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 57, beginning on line 13, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 58, beginning on line 2, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 58, beginning on line 7, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 59, beginning on line 4, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 59, beginning on line 10, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 80, beginning on line 11, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 81, between lines 20 and 21, insert the following:
       (3) Additional amendment to detainee treatment act of 
     2005.--Section 1005(e) of the Detainee Treatment Act of 2005 
     is further amended by striking ``United States Court of 
     Appeals for the District of Columbia Circuit'' each place it 
     appears in paragraphs (3) and (4) and inserting ``United 
     States Court of Appeals for the Armed Forces''.
                                 ______
                                 
  SA 5070. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 5036 proposed by Mr. Frist to the bill H.R. 6061, to 
establish operational control over the international land and maritime 
borders of the United States; which was ordered to lie on the table; as 
follows:

       On page 46, below line 20, strike the item relating to 
     section 950f.

       On page 46, below line 20, in the item relating to section 
     950g, strike ``United States Court of Appeals for the 
     District of Columbia Circuit'' and insert ``United States 
     Court of Appeals for the Armed Forces''.

       On page 51, beginning on line 14, strike ``Court of 
     Military Commission Review under section 950f'' and insert 
     ``United States Court of Appeals for the Armed Forces under 
     section 950g''.
       On page 52, line 8, strike ``950f'' and insert ``950g''.
       On page 52, beginning on line 14, strike ``Court of 
     Military Commission Review under section 950f'' and insert 
     ``United States Court of Appeals for the Armed Forces under 
     section 950g''.
       On page 53, beginning on line 7, strike ``Court of Military 
     Commission Review'' and insert ``United States Court of 
     Appeals for the Armed Forces''.
       On page 54, line 15 and all that follows through page 57, 
     line 14, and insert the following:

     ``Sec. 950g. Review by the United States Court of Appeals for 
       the Armed Forces and the Supreme Court

       ``(c) Right of Appeal.--The accused may appeal from a final 
     decision of a military commission, and the United States may 
     appeal as provided in section 950d of this title, to the 
     United States Court of Appeals for the Armed Forces in 
     accordance with procedures prescribed under regulations of 
     the Secretary.
       ``(b) Review by United States Court of Appeals for the 
     Armed Forces.--(1) Subject to the provisions of this 
     subsection, the United States Court of Appeals for the Armed 
     Forces shall have exclusive jurisdiction to determine the 
     final validity of any judgment rendered by a military 
     commission under this chapter.
       ``(2) The United States Court of Appeals for the Armed 
     Forces may not determine the final validity of a judgment of 
     a military commission under this subsection until all other 
     appeals from the judgment under this chapter have been waived 
     or exhausted.
       ``(3)(A) An accused may seek a determination by the United 
     States Court of Appeals for the Armed Forces of the final 
     validity of the judgment of the military commission under 
     this subsection only upon petition to the Court for such 
     determination.
       ``(B) A petition on a judgment under subparagraph (A) shall 
     be filed by the accused in the Court not later than 20 days 
     after the date on which written notice of the final decision 
     of the military commission is served on the accused or 
     defense counsel.
       ``(C) The accused may not file a petition under 
     subparagraph (A) if the accused has waived the right to 
     appellate review under section 950c(a) of this title.
       ``(4) The determination by the United States Court of 
     Appeals for the Armed Forces of the final validity of a 
     judgment of a military commission under this subsection shall 
     be governed by the provisions of section 1005(e)(3) of the 
     Detainee Treatment Act of 2005 (42 U.S.C. 801 note).
       ``(c) Review by Supreme Court.--The Supreme Court of the 
     United States may review by writ of certiorari pursuant to 
     section 1257 of title 28 the final judgment of the United 
     States Court of Appeals for the Armed Forces in a 
     determination under subsection (a).
       On page 58, beginning on line 2, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 58, beginning on line 7, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 59, beginning on line 4, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 59, beginning on line 10, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 80, beginning on line 11, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 81, between lines 20 and 21, insert the following:
       (3) Additional amendment to detainee treatment act of 
     2005.--Section 1005(e) of the Detainee Treatment Act of 2005 
     is further amended by striking ``United States Court of 
     Appeals for the District of Columbia Circuit'' each place it 
     appears in paragraphs (3) and (4) and inserting ``United 
     States Court of Appeals for the Armed Forces''.
                                 ______
                                 
  SA 5071. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 5036 proposed by Mr. Frist to the bill H.R. 6061, to 
establish

[[Page 19751]]

operational control over the international land and maritime borders of 
the United States; which was ordered to lie on the table; as follows:

       On page 46, below line 20, in the item relating to section 
     950g, strike ``United States Court of Appeals for the 
     District of Columbia Circuit'' and insert ``United States 
     Court of Appeals for the Armed Forces''.
       On page 53, beginning on line 22, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 56, strike lines 7 through 16 and insert the 
     following:

     ``Sec. 950g. Review by the United States Court of Appeals for 
       the Armed Forces and the Supreme Court

       ``(a) Review by United States Court of Appeals for the 
     Armed Forces.--(1)(A) Subject to the provisions of this 
     subsection, the United States Court of Appeals for the Armed 
     Forces shall have exclusive jurisdiction to determine the 
     final validity of any judgment rendered by a military 
     commission under this chapter.
       On page 58, beginning on line 10, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 58, beginning on line 16, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 59, beginning on line 24, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 60, beginning on line 4, strike ``United States 
     Court of Appeals for the District of Columbia Circuit'' and 
     insert ``United States Court of Appeals for the Armed 
     Forces''.
       On page 95, line 11, insert ``In General.--'' before 
     ``Section 1005(e)(3)''.
       On page 96, between lines 11 and 12, insert the following:
       (b) Additional Amendment to Detainee Treatment Act of 
     2005.--Section 1005(e) of the Detainee Treatment Act of 2005 
     is further amended by striking ``United States Court of 
     Appeals for the District of Columbia Circuit'' each place it 
     appears in paragraphs (3) and (4) and inserting ``United 
     States Court of Appeals for the Armed Forces''.
                                 ______
                                 
  SA 5072. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2078, to amend the Indian Gaming Regulatory Act to 
clarify the authority of the National Indian Gaming Commission to 
regulate class III gaming, to limit the lands eligible for gaming, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of section 5, insert the following:
       (c) Negotiated Rulemaking.--Section 7 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2706) (as amended by subsection 
     (b)) is amended by adding at the end the following:
       ``(d) Rulemaking.--
       ``(1) In general.--Not later than _________, 2007, the 
     Commission shall promulgate such final regulations as the 
     Commission determines to be necessary to carry out this Act.
       ``(2) Effective date.--The final regulations promulgated 
     pursuant to paragraph (1) shall take effect on the date of 
     promulgation of the regulations.
       ``(3) Negotiated rulemaking procedure.--
       ``(A) In general.--Notwithstanding sections 563(a) and 
     565(a) of title 5, United States Code, the Commission shall 
     promulgate regulations pursuant to paragraph (1) in 
     accordance with the negotiated rulemaking procedure under 
     subchapter III of chapter 5, United States Code.
       ``(B) Rulemaking committee.--
       ``(i) Establishment.--The Commission shall establish a 
     negotiated rulemaking committee in accordance with the 
     procedure under subchapter III of chapter 5, United States 
     Code, for the development of proposed regulations under this 
     subsection.
       ``(ii) Requirements.--In establishing the committee under 
     clause (i), the Commission shall--

       ``(I) make such modifications to the applicable procedure 
     under subchapter III of chapter 5, United States Code, as the 
     Commission determines to be necessary to account for the 
     unique government-to-government relationship between Indian 
     tribes and the United States; and
       ``(II) ensure that the membership of the committee is 
     composed only of--

       ``(aa) representatives of the Federal Government; and
       ``(bb) official representatives of Indian tribal 
     governments, to be nominated by the Indian tribes that are 
     subject to this Act.''.
                                 ______
                                 
  SA 5073. Mr. McCONNELL (for Mr. Enzi) proposed an amendment to the 
bill H.R. 5574, to amend the Public Health Service Act to reauthorize 
support for graduate medical education programs in children's 
hospitals; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Children's Hospital GME 
     Support Reauthorization Act of 2006''.

     SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT 
                   OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS.

       (a) In General.--Section 340E of the Public Health Service 
     Act (42 U.S.C. 256e) is amended--
       (1) in subsection (a), by inserting ``and each of fiscal 
     years 2007 through 2011'' after ``for each of fiscal years 
     2000 through 2005'';
       (2) in subsection (e)(1), by striking ``26'' and inserting 
     ``12'';
       (3) in subsection (f)(1)(A)--
       (A) in clause (ii), by striking ``and'' at the end;
       (B) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iv) for each of fiscal years 2007 through 2011, 
     $110,000,000.''; and
       (4) in subsection (f)(2)--
       (A) in the matter before subparagraph (A), by striking 
     ``subsection (b)(1)(A)'' and inserting ``subsection 
     (b)(1)(B)'';
       (B) in subparagraph (B), by striking ``and'' at the end;
       (C) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(D) for each of fiscal years 2007 through 2011, 
     $220,000,000.''.
       (b) Reduction in Payments for Failure to File Annual 
     Report.--Subsection (b) of section 340E of the Public Health 
     Service Act (42 U.S.C. 256e) is amended--
       (1) in paragraph (1), in the matter before subparagraph 
     (A), by striking ``paragraph (2)'' and inserting ``paragraphs 
     (2) and (3)''; and
       (2) by adding at the end the following:
       ``(3) Annual reporting required.--
       ``(A) Reduction in payment for failure to report.--
       ``(i) In general.--The amount payable under this section to 
     a children's hospital for a fiscal year (beginning with 
     fiscal year 2008 and after taking into account paragraph (2)) 
     shall be reduced by 25 percent if the Secretary determines 
     that--

       ``(I) the hospital has failed to provide the Secretary, as 
     an addendum to the hospital's application under this section 
     for such fiscal year, the report required under subparagraph 
     (B) for the previous fiscal year; or
       ``(II) such report fails to provide the information 
     required under any clause of such subparagraph.

       ``(ii) Notice and opportunity to provide missing 
     information.--Before imposing a reduction under clause (i) on 
     the basis of a hospital's failure to provide information 
     described in clause (i)(II), the Secretary shall provide 
     notice to the hospital of such failure and the Secretary's 
     intention to impose such reduction and shall provide the 
     hospital with the opportunity to provide the required 
     information within a period of 30 days beginning on the date 
     of such notice. If the hospital provides such information 
     within such period, no reduction shall be made under clause 
     (i) on the basis of the previous failure to provide such 
     information.
       ``(B) Annual report.--The report required under this 
     subparagraph for a children's hospital for a fiscal year is a 
     report that includes (in a form and manner specified by the 
     Secretary) the following information for the residency 
     academic year completed immediately prior to such fiscal 
     year:
       ``(i) The types of resident training programs that the 
     hospital provided for residents described in subparagraph 
     (C), such as general pediatrics, internal medicine/
     pediatrics, and pediatric subspecialties, including both 
     medical subspecialties certified by the American Board of 
     Pediatrics (such as pediatric gastroenterology) and non-
     medical subspecialties approved by other medical 
     certification boards (such as pediatric surgery).
       ``(ii) The number of training positions for residents 
     described in subparagraph (C), the number of such positions 
     recruited to fill, and the number of such positions filled.
       ``(iii) The types of training that the hospital provided 
     for residents described in subparagraph (C) related to the 
     health care needs of different populations, such as children 
     who are underserved for reasons of family income or 
     geographic location, including rural and urban areas.
       ``(iv) The changes in residency training for residents 
     described in subparagraph (C) which the hospital has made 
     during such residency academic year (except that the first 
     report submitted by the hospital under this subparagraph 
     shall be for such changes since the first year in which the 
     hospital received payment under this section), including--

       ``(I) changes in curricula, training experiences, and types 
     of training programs, and benefits that have resulted from 
     such changes; and
       ``(II) changes for purposes of training the residents in 
     the measurement and improvement of the quality and safety of 
     patient care.

[[Page 19752]]

       ``(v) The numbers of residents described in subparagraph 
     (C) who completed their residency training at the end of such 
     residency academic year and care for children within the 
     borders of the service area of the hospital or within the 
     borders of the State in which the hospital is located. Such 
     numbers shall be disaggregated with respect to residents who 
     completed residencies in general pediatrics or internal 
     medicine/pediatrics, subspecialty residencies, and dental 
     residencies.
       ``(C) Residents.--The residents described in this 
     subparagraph are those who--
       ``(i) are in full-time equivalent resident training 
     positions in any training program sponsored by the hospital; 
     or
       ``(ii) are in a training program sponsored by an entity 
     other than the hospital, but who spend more than 75 percent 
     of their training time at the hospital.
       ``(D) Report to congress.--Not later than the end of fiscal 
     year 2011, the Secretary, acting through the Administrator of 
     the Health Resources and Services Administration, shall 
     submit a report to the Congress--
       ``(i) summarizing the information submitted in reports to 
     the Secretary under subparagraph (B);
       ``(ii) describing the results of the program carried out 
     under this section; and
       ``(iii) making recommendations for improvements to the 
     program.''.
       (c) Technical Amendments.--Section 340E of the Public 
     Health Service Act (42 U.S.C. 256e) is further amended--
       (1) in subsection (c)(2)(E)(ii), by striking ``described in 
     subparagraph (C)(ii)'' and inserting ``applied under section 
     1886(d)(3)(E) of the Social Security Act for discharges 
     occurring during the preceding fiscal year'';
       (2) in subsection (e)(2), by striking the first sentence; 
     and
       (3) in subsection (e)(3), by striking ``made to pay'' and 
     inserting ``made and pay''.
                                 ______
                                 
  SA 5074. Mr. McCONNELL (for Mr. Craig) proposed an amendment to the 
bill S. 3421, to authorize major medical facility projects and major 
medical facility leases for the Department of Veterans Affairs for 
fiscal years 2006 and 2007, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL 
                   FACILITY PROJECTS.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility projects in fiscal year 
     2006, with each project to be carried out in the amount 
     specified for that project:
       (1) Restoration, new construction or replacement of the 
     medical center facility for the Department of Veterans 
     Affairs Medical Center, New Orleans, Louisiana, due to damage 
     from Hurricane Katrina in an amount not to exceed 
     $636,000,000. The Secretary is authorized to carry out the 
     project as a collaborative effort consistent with the New 
     Orleans Collaborative Opportunities Study Group Report dated 
     June 12, 2006.
       (2) Restoration of the Department of Veterans Affairs 
     Medical Center, Biloxi, Mississippi, and consolidation of 
     services performed at the Department of Veterans Affairs 
     Medical Center, Gulfport, Mississippi, in an amount not to 
     exceed $310,000,000.
       (3) Replacement of the Department of Veterans Affairs 
     Medical Center, Denver, Colorado, in an amount not to exceed 
     $98,000,000.

     SEC. 2. EXTENSION OF AUTHORIZATION FOR MAJOR MEDICAL FACILITY 
                   CONSTRUCTION PROJECTS AUTHORIZED UNDER CAPITAL 
                   ASSET REALIGNMENT INITIATIVE.

       Notwithstanding subsection (d) of section 221 of the 
     Veterans Health Care, Capital Asset, and Business Improvement 
     Act of 2003 (Public Law 108-170; 117 Stat. 2050), the 
     Secretary of Veterans Affairs may enter into contracts before 
     September 30, 2009, to carry out each major medical facility 
     project, as originally authorized by such section 221, as 
     follows with each project to be carried out in the amount 
     specified for that project:
       (1) Construction of an outpatient clinic and regional 
     office at the Department of Veterans Affairs Medical Center, 
     Anchorage, Alaska, in an amount not to exceed $75,270,000.
       (2) Consolidation of clinical and administrative functions 
     of the Department of Veterans Affairs Medical Center in 
     Cleveland, Ohio, and the Department of Veterans Affairs 
     Medical Center in Brecksville, Ohio, in an amount not to 
     exceed $102,300,000.
       (3) Construction of the Extended Care Building at the 
     Department of Veterans Affairs Medical Center in Des Moines, 
     Iowa, in an amount not to exceed $25,000,000.
       (4) Renovation of patient wards at the Department of 
     Veterans Affairs Medical Center in Durham, North Carolina, in 
     an amount not to exceed $9,100,000.
       (5) Correction of patient privacy deficiencies at the 
     Department of Veterans Affairs Medical Center, Gainesville, 
     Florida, in an amount not to exceed $85,200,000.
       (6) 7th and 8th Floor Wards Modernization addition at the 
     Department of Veterans Affairs Medical Center, Indianapolis, 
     Indiana, in an amount not to exceed $27,400,000.
       (7) Construction of a new Medical Center Facility at the 
     Department of Veterans Affairs Medical Center, Las Vegas, 
     Nevada, in an amount not to exceed $406,000,000.
       (8) Construction of an Ambulatory Surgery/Outpatient 
     Diagnostic Support Center in the Gulf South Submarket of 
     Veterans Integrated Service Network (VISN) 8 and completion 
     of Phase I land purchase, Lee County, Florida, in an amount 
     not to exceed $65,100,000.
       (9) Seismic Corrections-Buildings 7 & 126 at the Department 
     of Veterans Affairs Medical Center, Long Beach, California, 
     in an amount not to exceed $107,845,000.
       (10) Seismic Corrections-Buildings 500 & 501 at the 
     Department of Veterans Affairs Medical Center, Los Angeles, 
     California, in an amount not to exceed $79,900,000.
       (11) Construction of a New Medical Center facility in the 
     Orlando, Florida, area in an amount not to exceed 
     $377,700,000.
       (12) Consolidation of Campuses at the University Drive and 
     H. John Heinz III divisions, Pittsburgh, Pennsylvania, in an 
     amount not to exceed $189,205,000.
       (13) Ward Upgrades and Expansion at the Department of 
     Veterans Affairs Medical Center, San Antonio, Texas, in an 
     amount not to exceed $19,100,000.
       (14) Seismic Corrections-Building 1, Phase 1 Design at the 
     Department of Veterans Affairs Medical Center, San Juan, 
     Puerto Rico, in an amount not to exceed $15,000,000.
       (15) Construction of a Spinal Cord Injury Center at the 
     Department of Veterans Affairs Medical Center, Syracuse, New 
     York, in an amount not to exceed $53,900,000.
       (16) Upgrade Essential Electrical Distribution Systems at 
     the Department of Veterans Affairs Medical Center, Tampa, 
     Florida, in an amount not to exceed $49,000,000.
       (17) Expansion of the Spinal Cord Injury Center addition at 
     the Department of Veterans Affairs Medical Center, Tampa, 
     Florida, in an amount not to exceed $7,100,000.
       (18) Blind Rehabilitation and Psychiatric Bed renovation 
     and new construction project at the Department of Veterans 
     Affairs Medical Center, Temple, Texas, in an amount not to 
     exceed $56,000,000.

     SEC. 3. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL 
                   FACILITY PROJECTS.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility projects in fiscal year 2007 
     in the amount specified for each project:
       (1) Seismic Corrections, Nursing Home Care Unit and 
     Dietetics at the Department of Veterans Affairs Medical 
     Center, American Lake, Washington, in an amount not to exceed 
     $38,220,000.
       (2) Replacement of Operating Suite at the Department of 
     Veterans Affairs Medical Center, Columbia, Missouri, in an 
     amount not to exceed $25,830,000.
       (3) Construction of a new clinical addition at the 
     Department of Veterans Affairs Medical Center, Fayetteville, 
     Arkansas, in an amount not to exceed $56,163,000.
       (4) Construction of Spinal Cord Injury Center at the 
     Department of Veterans Affairs Medical Center, Milwaukee, 
     Wisconsin, in an amount not to exceed $32,500,000.
       (5) Medical facility improvements and cemetery expansion of 
     Jefferson Barracks at the Department of Veterans Affairs 
     Medical Center, St. Louis, Missouri, in an amount not to 
     exceed $69,053,000.

     SEC. 4. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL 
                   FACILITY LEASES.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility leases in fiscal year 2006 
     at the locations specified, and in an amount for each lease 
     not to exceed the amount shown for such location:
       (1) For an outpatient clinic, Baltimore, Maryland, 
     $10,908,000.
       (2) For an outpatient clinic, Evansville, Illinois, 
     $8,989,000.
       (3) For an outpatient clinic, Smith County, Texas, 
     $5,093,000.

     SEC. 5. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL 
                   FACILITY LEASES.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility leases in fiscal year 2007 
     at the locations specified, and in an amount for each lease 
     not to exceed the amount shown for such location:
       (1) For an outpatient and specialty care clinic, Austin, 
     Texas, $6,163,000.
       (2) For an outpatient clinic, Lowell, Massachusetts, 
     $2,520,000.
       (3) For an outpatient clinic, Grand Rapids, Michigan, 
     $4,409,000.
       (4) For up to four outpatient clinics, Las Vegas, Nevada, 
     $8,518,000.
       (5) For an outpatient clinic, Parma, Ohio, $5,032,000.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations for Fiscal Year 2006 
     Major Medical Facility Projects.--There is authorized to be 
     appropriated to the Secretary of Veterans Affairs for fiscal 
     year 2006 for the Construction, Major Projects, account, 
     $1,044,000,000 for the projects authorized in section 1.
       (b) Authorization of Appropriations for Major Medical 
     Facility Projects Under Capital Asset Realignment 
     Initiative.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated for the Secretary of Veterans Affairs for 
     fiscal

[[Page 19753]]

     year 2007 for the Construction, Major Projects, account, 
     $1,750,120,000 for the projects whose authorization is 
     extended by section 2.
       (2) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations in paragraph (1) shall remain 
     available until September 30, 2009.
       (c) Authorization of Appropriations for Fiscal Year 2007 
     Major Medical Facility Projects.--There is authorized to be 
     appropriated to the Secretary of Veterans Affairs for fiscal 
     year 2007 for the Construction, Major Projects, account, 
     $221,766,000 for the projects authorized in section 3.
       (d) Authorization of Appropriations for Major Medical 
     Facility Leases.--
       (1) Fiscal year 2006 leases.--There is authorized to be 
     appropriated for the Secretary of Veterans Affairs for fiscal 
     year 2006 for the Medical Care account, $24,990,000 for the 
     leases authorized in section 4.
       (2) Fiscal year 2007 leases.--There is authorized to be 
     appropriated for the Secretary of Veterans Affairs for fiscal 
     year 2007 for the Medical Care account, $26,642,000 for the 
     leases authorized in section 5.
       (e) Limitation.--The projects authorized in sections 1 and 
     2 may only be carried out using--
       (1) funds appropriated for fiscal year 2006 or 2007 
     pursuant to the authorization of appropriations in 
     subsections (a), (b), and (c) of this section;
       (2) funds available for Construction, Major Projects, for a 
     fiscal year before fiscal year 2006 that remain available for 
     obligation;
       (3) funds available for Construction, Major Projects, for a 
     fiscal year after fiscal year 2006 or 2007 that are available 
     for obligation; and
       (4) funds appropriated for Construction, Major Projects, 
     for fiscal year 2006 or 2007 for a category of activity not 
     specific to a project.

     SEC. 7. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY 
                   PROJECTS.

       (a) Increase.--Section 8104(a)(3)(A) of title 38, United 
     States Code, is amended by striking ``$7,000,000'' and 
     inserting ``$10,000,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2006, and shall apply with 
     respect to any fiscal year beginning on or after that date.

     SEC. 8. EXPANSION OF ELIGIBILITY UNDER SURVIVORS' AND 
                   DEPENDENTS EDUCATIONAL ASSISTANCE PROGRAM.

       (a) Eligibility for Dependents of Servicemembers.--
       (1) Children.--Section 3501(a)(1)(A) of title 38, United 
     States Code, is amended--
       (A) in clause (ii) by striking ``or'' at the end;
       (B) by redesignating clause (iii) as clause (iv); and
       (C) by inserting after clause (ii) the following clause 
     (iii):
       ``(iii) is hospitalized or receiving outpatient medical 
     care, services, or treatment pending discharge from the 
     active military, naval, or air service for a total disability 
     permanent in nature resulting from a service-connected 
     disability (as determined by the Secretary), or''.
       (2) Spouses.--Subparagraph (D) of section 3501(a)(1) of 
     such title is amended to read as follows:
       ``(D)(i) the spouse of any veteran who has a total 
     disability permanent in nature resulting from a service-
     connected disability,
       ``(ii) the spouse of any person who is hospitalized or 
     receiving outpatient medical care, services, or treatment 
     pending discharge from the active military, naval, or air 
     service for a total disability permanent in nature resulting 
     from a service-connected disability (as determined by the 
     Secretary), or
       ``(iii) the surviving spouse of a veteran who died while a 
     disability so evaluated was in existence,''.
       (b) Conforming Amendments.--
       (1) Duration of assistance.--Section 3511 of such title is 
     amended--
       (A) in subsection (a)(1), by striking ``both sections 
     3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii)'' and inserting 
     ``sections 3501(a)(1)(D)(i), 3501(a)(1)(D)(ii), and 
     3501(a)(1)(D)(iii)'';
       (B) in subsection (b)(2), by striking 
     ``3501(a)(1)(A)(iii)'' and inserting ``3501(a)(1)(A)(iv)''; 
     and
       (C) in subsection (c), by striking ``3501(a)(1)(A)(iii), 
     3501(a)(1)(C), or 3501(a)(1)(D)(i)'' and inserting 
     ``3501(a)(1)(A)(iv), 3501(a)(1)(C), 3501(a)(1)(D)(i), or 
     3501(a)(1)(D)(ii)''.
       (2) Period of eligibility.--Section 3512 of such title is 
     amended--
       (A) in subsection (a)(6), by striking 
     ``3501(a)(1)(A)(iii)'' and inserting ``3501(a)(1)(A)(iv)'';
       (B) in subsection (b)(1)(A), by striking 
     ``3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii) of this title.'' and 
     all that follows through the end, and inserting the 
     following: ``or 3501(a)(1)(D) of this title. In the case of a 
     surviving spouse made eligible by clause (iii) of section 
     3501(a)(1)(D), the 10-year period may not be reduced by any 
     earlier period during which the person otherwise was eligible 
     for educational assistance under this chapter as a spouse 
     described in clause (i) or (ii) of that section.''; and
       (C) in subsection (d), by striking ``veteran'' and 
     inserting ``person''.
       (3) Effective dates.--Section 5113(b)(3) of such title is 
     amended by adding at the end the following new subparagraph:
       ``(D) The term `veteran' includes a person as described in 
     sections 3501(a)(1)(A)(iii) and 3501(a)(1)(D)(ii) of this 
     title.''.

     

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