[Congressional Record (Bound Edition), Volume 152 (2006), Part 3]
[Senate]
[Pages 3922-3985]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BAUCUS (for himself and Mr. Pryor):
  S. 2426. A bill to facilitate the protection of minors using the 
Internet from material that is harmful to minors, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. BAUCUS. Mr. President, on March 1, 2006 Evert Meiners of 
Billings, MT pled guilty to distributing child pornography over the 
Internet. A search of his computer by the FBI turned up more than 
12,000 images of child pornography.

[[Page 3923]]

  Mr. Meiners had the child pornography images on his website, which he 
operated from his home in Billings. But authorities across the world 
were able to access the pictures. Law enforcement in New York, 
Illinois, Maryland, and even Germany, reported that Mr. Meiners 
distributed and solicited pornographic images in their jurisdictions.
  The Internet has proved to be a powerful tool for both good and evil. 
Criminals operating from around the world can now prey on children in 
our own backyards. We used to worry what could happen to our kids on 
their way home from school. Now parents have to worry about their kids 
even in the safety of their own homes.
  Since 1995 the FBI has tracked down over 11,000 unique web addresses 
that solicit and market child pornography.
  The danger posed by these graphic web sites to our children demands 
action. That is why I will introduce the ``Cyber Safety for Kids Act'' 
today. As a general matter the legislation seeks to create a zone for 
all sexually explicit material that parents can easily block their 
children from visiting.
  Specifically, the bill would do the following: First, the Cyber 
Safety for Kids Act would require the Internet Corporation for Assigned 
Names and Numbers to designate a top level domain name for web sites 
with sexually explicit materials harmful to minors. The domain name 
would be titled dot XXX, rather than dot Com.
  Next, within six months of the launch of the .XXX domain name, all 
web sites that contain sexually explicit materials harmful to minors 
would be required to adopt the dot XXX domain name.
  Finally, if a web site that contains sexually explicit material 
harmful to minors fails to use the dot XXX domain name, the web 
operator would be subject to civil penalties set by the Department of 
Commerce.
  I know that some people believe that my legislation goes too far. 
Others believe that it does not go far enough. For example, some argue 
that all pornography over the Internet should be banned. That would 
certainly be effective, but would unquestionably be overturned by the 
Supreme Court. On numerous occasions, the Supreme Court has struck down 
laws that prohibit the broadcast of pornographic images.
  On the other hand, I have heard from some that believe my legislation 
is too restrictive. I am a strong defender of the Constitution's 
protection of speech. But we cannot bury our heads in the sand and 
pretend that the problem of children viewing harmful material over the 
Internet will go away.
  We must do what we can do to help parents protect their kids. My 
legislation aims to follow the successful efforts by States and 
localities to zone adult book and movie theaters in one part of a city 
or town.
  In Renton v. Playtime Theaters the Supreme Court specifically upheld 
a city zoning ordinance that prohibited adult motion picture theaters 
from locating within 1,000 feet of any residential zone, single- or 
multiple-family dwelling, church, park, or school.
  Likewise, my legislation creates a zone for all sexually explicit 
material that is harmful to minors on the Internet. Parents could 
easily install filters on their computer to keep their kids from 
visiting the dot XXX neighborhood.
  There is no silver bullet that will stop sick adults from trafficking 
and soliciting child pornography. But my legislation offers an 
important first step.
  I look forward to working with my colleagues to move this legislation 
forward. I am also appreciative of Senator Pryor's leadership on this 
issue in the Commerce Committee. I am glad to say that Senator Pryor 
has agreed to be the lead co-sponsor of my legislation.
  I urge Congress to support my legislation, and have it on the 
President's desk as soon as possible. American parents have asked for 
our help, it's our duty to act.
                                 ______
                                 
      By Mr. BENNETT:
  S. 2427. A bill to amend title II of the Social Security Act to 
provide for progressive indexing and longevity indexing of social 
security old-age insurance benefits for newly retired and aged 
surviving spouses to ensure the future solvency of the social security 
program, and for other purposes; to the Committee on Finance.
  Mr. BENNETT. Mr. President, I want to thank the managers of the 
resolution for providing me with a few minutes to discuss my 
introduction today of the Sustainable Solvency for Social Security Act. 
In introducing this legislation, I am under no illusion that there will 
be a rush to enactment, but do believe this is an appropriate time to 
draw attention to this issue and the broader issue of entitlement 
spending as we consider the budget resolution for fiscal year 2007.
  Yesterday, we had a close vote on an amendment to reinstitute pay-as-
you-go rules for spending increases and tax reductions. I opposed that 
amendment because a vote for it was, in essence, a vote for automatic 
tax increases on the American taxpayer. A more honest approach would 
have been to ask the Senate to adopt an amendment that required 60 
votes to pass any legislation that would prevent the expiration of any 
tax provision that would, if allowed to expire, result in a tax 
increase on individual taxpayers.
  I mention this because I do believe that we need fiscal discipline. 
We do need to collect higher revenues, but collecting higher revenues 
does not mean that you need to impose higher tax rates on capital or 
labor. Even if the sponsors of pay-go had prevailed, the real issue 
would be--once again--ignored.
  The loaded gun held to the heads of American taxpayers is entitlement 
benefits that have been promised, but cannot be paid for under any 
realistic scenario. Economic growth can help solve or mitigate many 
fiscal challenges, but it cannot overcome the twin realities of 
demographic destiny or benefit structures that are simply 
unsustainable.
  Today, four items--Social Security, Medicare, Medicaid and interest--
consume just under 10 percent of our Gross Domestic Product. If we do 
nothing we will see expenditures for the three programs increase to 
almost 20 percent of GDP. That is simply unsustainable.
  Over the past year, I spent a great deal of time talking to members 
on both sides of the aisle, as well as the administration, about ways 
to begin addressing this looming crisis. 'started with Social Security. 
Some asked, ``Why start with the smallest problem?'' The answer was 
simple. If we can't come together on a problem that can be fixed by 
aligning benefits with program income, how can we ever expect to come 
together on more difficult issues like Medicare reform.
  In the case of Social Security, we can quibble about exactly when, 
but at some point between 2042 and 2052, the program will be unable to 
pay benefits called for under current law and benefits will be reduced 
automatically to match program income with program outlays.
  As I said, I have no illusion that the legislation I am introducing 
today will be enacted this year, but I offer it for my colleagues' 
examination and suggestions.
  This legislation does not include personal accounts of any shape or 
form. It focuses exclusively on the goal of making Social Security 
solvent. And it does so without any increases in taxes or increases in 
the payroll cap.
  Presently, the Social Security system faces an actuarial deficit of 
1.92 percent of payroll. According to the Chief Actuary at Social 
Security, 1.60 percent of this deficit is related to the Old Age and 
Survivors Insurance (OASI) program--what we traditionally think of as 
Social Security. The remaining 0.32 percent is attributable to the 
disability insurance program. As I discussed this issue with many of my 
colleagues and with others, it was clear that there was a broad 
consensus that the disabled should be held harmless. It was also clear 
that there was little or no support for the proposition that retirement 
program beneficiaries should subsidize the disability program. 
Therefore, this legislation does not touch the present disability 
program and leaves open the question of how to address the disability 
program deficit. Additionally, there was broad agreement that current 
retirees and those

[[Page 3924]]

nearing retirement, born before 1950, should not have their benefits 
affected.
  This legislation focuses solely on the 1.60 percent actuarial deficit 
in the OASI program. It achieves sustainable solvency for Social 
Security's OASI program through two primary policy tools: progressive 
price indexing and longevity indexing. Those reforms would slow the 
projected real rate of increase in future retirement benefits to a more 
sustainable level, while protecting low-wage-earners, the disabled, and 
their dependents. It also modestly accelerates the timetable for the 
transition under current law to a normal retirement age of 67, and it 
ensures sufficient backup general revenue funding to maintain a 
contingency reserve in the Old Age, Survivors and Disability Insurance 
(OASDI) trust fund.
  My proposal for sustainable solvency has been scored by the office of 
the actuary at the Social Security Administration. The effects of its 
provisions affecting retirement benefits, progressive indexing, 
accelerated NRA 67, and longevity indexing, would eliminate entirely 
the OASI program actuarial deficit of 1.60 percent of payroll that is 
projected under current law.
  Progressive indexing would not begin until 2012. First, it is 
important to note the beneficiaries, and Social Security programs to 
which progressive indexing would NOT apply. It would not apply to any 
current or future retiree born before 1950. Its provisions also would 
not apply to any worker in the future whose Social Security earnings 
history was in the lowest 30 percent of career earnings for workers 
becoming eligible to retire in a given year.
  Progressive indexing essentially slows the future growth rate of 
benefits for higher-earning workers. Their initial retirement benefits 
will grow more In line with price growth, rather than the even-higher 
rate of increase pegged to wage growth under current law.
  Under current law, retirement benefits are calculated under a ``wage 
indexing'' formula that will help propel them to levels significantly 
higher than the payroll tax revenue available to pay for them. The 
formula uses the average rate of growth of wages within the economy, 
rather than changes in the cost of living, to adjust, or ``index'', the 
past earnings of a worker that are used to determine the worker's 
initial benefit level at retirement. Because average wages generally 
grow faster than prices over time, the current benefit formula 
essentially guarantees that future retirement benefit levels will grow 
faster in ``real'' dollar value from generation to generation. Under 
this proposal, the individuals in the lowest 30 percent of all wage 
earners retiring in a given year would continue to have their past 
wages, and resulting benefit levels, indexed according to wage growth, 
while those at the top of the wage distribution would have their past 
wages indexed for changes in prices. Those falling in between would 
have their past wages indexed based upon a ``progressive blend'' of 
wage and price changes. In short, future benefit levels for workers who 
earned higher wages over their working career would not rise as much as 
benefit levels for workers with lower lifetime earnings, but those 
workers most dependent on social security for retirement income would 
be protected from such changes.
  This blended version of progressive price indexing targets the 
sustainable levels of revenue that will be available for future Social 
Security benefits under current law in a manner that ensures that those 
retirees that will be most in need are treated the most generously. It 
builds on the underlying progressive structure of the current benefits 
formula that replaces lower levels of career earning with a relatively 
higher share of retirement benefits. The real purchasing power of 
future OASI benefits will continue to grow, but not as much, in future 
decades for higher wage workers.
  Longevity indexing recognizes that future retirees will live longer 
and, accordingly, receive inflation protected levels of their initial 
retirement benefits for longer periods of time than prior retirees. 
Absent any adjustment for changes in life expectancy beyond the age of 
retirement, longer lifetimes in retirement would mean increasingly 
greater dollar amounts of lifetime Social Security retirement benefits 
in future decades.
  Under present law, the retirement age is scheduled to increase 
incrementally to age 67 beginning in 2022, the normal retirement age 
gradually increases for workers born in 1960 and later years, by two 
months each year starting in 2022 until it reaches age 67 in 2027. 
Under this proposal, the move from age 66 to age 67 would begin in 
2012. The Normal Retirement Age or NRA would be increased by two months 
each year until the NRA reached age 67 in 2017. After that date, 
initial monthly benefits for future retirees would be periodically 
adjusted by the Social Security Administration to account for changes 
in the expected average lifetimes of future retirees.
  Because it does not change current-law benefits for disabled 
beneficiaries, my bill does not address the remaining actuarial deficit 
for the DI program under current law, which amounts to another .32 
percent of payroll. Accordingly, it does not close the larger overall 
actuarial deficit for the combined OASDI programs. The latter is 1.92 
percent of payroll under current law, and would be substantially 
reduced to only .28 percent of payroll under my bill.
  My plan's provisions that reduce OASDI benefit obligations first 
begin to operate in 2012, and they then improve annual unified budget 
balances for that year and all subsequent years within the standard 75-
year projection period used by the Social Security Administration.
  Several other measures demonstrate the improved solvency for the 
overall OASDI programs under my bill. The net cash flow from the OASDI 
Trust Funds to the general fund is improved by $3.6 trillion in present 
value. The OASDI Trust Fund exhaustion date would be extended from 2041 
until 2056.
  Until we can find further support for dealing with the remaining 
solvency problems in the DI program, we should at least ensure that 
sufficient resources are committed to prevent sudden across-the-board 
reductions in OASDI benefit levels in later decades. Therefore, my bill 
provides budget authority for general fund transfers as needed to 
maintain a 100 percent OASDI trust fund ratio in later years. Those 
general fund transfers are estimated by the SSA actuaries to amount to 
$0.6 trillion, in present value, over the next 75 years. This provision 
ensures solvency for the combined OASDI program through that period. 
After 2080, additional general revenue transfers are not expected to be 
necessary, and annual program cash-flow balances are projected to be 
improving and approaching positive annual balances beyond that year.
  I also think it is important to point out that this legislation 
recognizes that changes in economic conditions have an impact on the 
actuarial balance of the program. Greater economic growth can improve 
but not alone restore the program's solvency; recessions can 
significantly worsen that financial position. Some expressed concern 
early in discussions on this legislation that we might be going too 
far, that some of the changes might prove unnecessary. For that reason 
I have included a provision that will allow for the administrative 
``turning off' if you will of the progressive indexing or longevity 
indexing if the program comes into actuarial balance prior to those 
provisions being fully phased in.
  In conclusion, this legislation would substantially reduce the 
mountain of unfunded debt projected for the Social Security program in 
the decades ahead. It does so in a manner that gradually and sensibly 
reduces the formula-driven increases in real retirement benefits under 
current law for future retirees, while protecting low-wage workers and 
the disabled. We could do more, but this bill would do a lot. At other 
times, I have proposed separate provisions to enhance overall 
retirement security, such as through the option of personal accounts 
funded partly from current payroll taxes and partly from additional 
personal saving. I have also proposed reforms in pension policy to 
encourage automatic enrollment in employer plans, provide better access 
to standard investment options, and stimulate increased saving by 
workers. But

[[Page 3925]]

I have left those issues for another debate and focused on the solvency 
of the retirement program.
  I offer this legislation as a starting point. I remain, as I have 
been over the past year, open to suggestions or modifications that can 
lead to bipartisan reform that will insure the permanent solvency of 
the Social Security system. We cannot afford to ignore this issue any 
longer. Burying our heads in the sand will only magnify the folly of 
inaction.
  I ask unanimous consent that a section-by-section analysis of the 
bill be printed in the Record.
  There being no objection, the analysis was ordered to be printed in 
the Record, as follows:

                      Section by Section Analysis


                         SECTION 1: SHORT TITLE

       ``Sustainable Solvency First for Social Security''


                    SECTION 2: PROGRESSIVE INDEXING

       For an individual who becomes eligible for Social Security 
     retirement benefits in 2012 or later, the bill would use 
     ``progressive indexing''--a mix of wage and price indexing--
     to determine his or her initial benefit. Those individuals 
     whose lifetime covered earnings are in the lowest 30th 
     percentile of all wage earners retiring in a particular year 
     will not be affected in any way by these changes. Similarly, 
     those individuals currently receiving Social Security 
     benefits or near retirement (age 55 or older) will be held 
     harmless. .
       Current Law: Current Social Security benefits are 
     calculated under a ``wage indexing'' formula. Benefits for 
     retired or disabled workers retiring in 2006 and later years 
     will be based on the average level of their indexed wage 
     earnings over their working lifetime that were subject to 
     OASDI payroll taxes up to the annual taxable maximum ($94,200 
     in 2006).
       Several adjustments must be made to those past earnings 
     before a retired worker's initial benefits can be calculated. 
     Upon reaching age 62 or becoming disabled, the actual amount 
     of a worker's previous ``covered'' earnings must first be 
     converted into average indexed monthly earnings, or AIME. 
     Earnings for any year before the worker reaches age 60 are 
     wage-indexed to reflect changes in average wage levels 
     (rather than average price levels) in the economy that 
     occurred between the year when the earnings were realized and 
     the year when the worker reaches age 60. Wage indexing means 
     that workers do not lose the value of their past earnings 
     (when money was worth more) in relation to their more recent 
     earnings. It may add an additional productivity ``bonus'' by 
     indexing past wages to reflect subsequent ``real'' growth in 
     average wages that exceeds the effects of price inflation 
     alone. Earnings after age 60 are not wage indexed. A retired 
     worker's AIME is then based on the highest 35 years of all 
     covered earnings, divided by 420 (the number of months in 35 
     years). For disabled workers and the survivors of deceased 
     workers, the AIME can be based on a shorter period (excluding 
     periods when the worker was disabled or deceased).
       A progressive formula is then applied to a worker's AIME to 
     calculate his or her primary insurance amount (PIA). The PIA 
     is the monthly amount determined either for a worker who 
     begins receiving Social Security retirement benefits at the 
     age at which he or she is eligible for full benefits or for a 
     disabled worker. The formula is designed to ensure that 
     initial Social Security benefits replace a larger proportion 
     of pre-retirement earnings for people with low average 
     earnings than for those with higher earnings. Under the 
     formula, the worker's PIA is determined by applying three 
     separate percentages (90 percent, 32 percent, and 15 
     percent), known as PIA factors, to three different portions 
     of the worker's AIME. The dollar thresholds at which the 
     applicable PIA factor changes (in other words, where the 
     fraction of additional dollars of a particular portion of 
     AIME that becomes part of a worker's PIA changes) are known 
     as ``bend points.'' The Social Security Administration 
     indexes the bend points annually to match the rate of growth 
     of average wages, while the PIA factors never change. This 
     keeps the portion of workers' pre-retirement earnings (AlMEs) 
     that is replaced by each of the respective PIA factors 
     roughly constant for each new retiring cohort.
       The PIA formula applicable to any worker, regardless of the 
     age at which he or she actually retires, is the formula in 
     place in the year the worker reached age 62 or became 
     disabled. For example, the PIA formula for workers who first 
     became eligible for retirement benefits in 2005 was the sum 
     of: 90 percent of the first $627 of the worker's AIME, 32 
     percent of the worker's AIME falling between $627 and $3,779, 
     and 15 percent of the worker's AIME above $3,779.
       The amounts $627 and $3,779 were the bend points of the 
     2005 PIA formula.
       The initial basic retirement benefit of a worker retiring 
     at the ``normal retirement age,'' or NRA, is based on 100 
     percent of the PIA. However, if a worker retires at an age 
     earlier than the NRA, he or she faces an ``early retirement 
     penalty'' which reduces the amount of his benefit. Before the 
     year 2000, the NRA was age 65 and the early retirement 
     penalty, or reduction factor, was 6-2/3 percent of the 
     benefit for each year of early retirement. That is, a worker 
     retiring three years early, at age 62 (the earliest age at 
     which retirement benefits may be claimed), would receive a 
     benefit equal to only 80 percent of the PIA. Beginning in 
     2000, the ``normal'' retirement age began to rise from age 65 
     to age 66, at the rate of 2 months per year for those 
     reaching age 62 between the years 2000 and 2005. The NRA will 
     continue to rise to age 67, at the same rate of 2 months per 
     year, for those reaching age 62 between 2017 and 2022. A 
     worker will still be able to collect benefits beginning at 
     age 62, but the two additional years of early retirement (as 
     fully phased in by 2022) will reduce benefits by an 
     additional 5 percent per year adjustment factor. The age 62 
     benefit in 2022 and thereafter will fall to 70 percent of the 
     PIA.
       Once a worker's basic benefit (PIA adjusted for applicable 
     early retirement penalty) is determined, it is augmented by 
     annual cost of living adjustment (COLA) to offset inflation, 
     if any, from the year the worker reached age 62 until the 
     year of filing for benefits. After a retired worker has 
     received his or her first benefit check, the amount is 
     similarly adjusted upward every January 1 to reflect annual 
     changes in the cost of living, as measured by the consumer 
     price index (CPI). This price indexing of initial retirement 
     benefits, after a retiree has begun to receive them, is a 
     separate procedure from wage indexing a worker's earnings 
     history or the bend points of the benefit formula used to set 
     initial payments to new retirees over time.
       In addition to the COLA, a recipient's benefit may increase 
     if the individual continues to work after first becoming 
     eligible to draw benefits. If subsequent earnings in a later 
     year exceed any of the indexed yearly earnings initially used 
     to determine the worker's initial benefit at age 62, Social 
     Security will automatically substitute the new earnings for 
     the lowest ones in the worker's earnings history, recalculate 
     the worker's PIA, and increase the worker's future benefits.
       The current structure of the formula presents an inherent 
     problem. Because average wages generally grow faster than 
     prices over time, the current benefit formula essentially 
     guarantees that future retirement benefit levels will grow 
     faster in ``real'' dollar value from generation to 
     generation. Hence, the actual purchasing power of the Social 
     Security benefit of a person retiring in 2005, for example, 
     is greater than for a person who retired in 1995.
       Bennett Bill: The current benefit formula would remain 
     essentially the same, except that, for new cohorts of 
     retirees beginning in 2012, the upper-two PIA factors (32 
     percent and 15 percent) used to calculate their PIAs would be 
     adjusted lower annually by the Social Security Administration 
     in order to slow the future growth of initial retirement 
     benefits. Those benefit levels would increasingly reflect the 
     levels of price growth, rather than average wage growth, that 
     occurred during the course of most workers' careers. For 
     those individuals whose AIMEs were above the 30th percentile 
     of workers retiring in a given year, their initial retirement 
     benefit would be indexed based upon a ``progressive blend'' 
     of wage and price changes. The slowest rate of growth in 
     future retirement benefits would be for workers with steady 
     maximum taxable earnings. Future benefit levels for workers 
     who earned higher wages over their working careers would rise 
     at a lower rate than benefit levels for workers with lower 
     lifetime earnings.
       Moreover, those workers most dependent on Social Security 
     for retirement income would be fully protected from the 
     changes. Individuals whose career-average indexed monthly 
     earnings were in the lowest 30 percent of all career-average 
     wage earners retiring in a particular year would continue to 
     have their initial benefits calculated using the current law 
     formula and they would, therefore, be held harmless entirely 
     from the PIA factor adjustments. Those workers who were age 
     55 or older on January 1,2005 also would not be affected by 
     this change in the benefit formula. Current law benefits for 
     young survivors, as well as disability benefits, would remain 
     unchanged.
       The progressive indexing provisions of the bill would 
     operate first by establishing a new second bend point in the 
     benefit formula. It would be set above the current-law first 
     bend point (below which the first 90-percent PIA factor would 
     continue to apply. The current-law 32-percent PIA factor 
     would continue to operate up to this new second bend point. 
     The new bend point would be determined to be at about the 
     30th percentile of AIME for those newly eligible for social 
     security retirement benefits in 2012. (The calculation relies 
     on the latest available statistics for AIME of workers first 
     becoming eligible for retired worker benefits in 2001 through 
     2003 and updates them to 2012 using the intermediate 
     assumptions of the 2005 Trustees Report). The future levels 
     at which this new bend point would apply beyond 2012 would be 
     wage indexed, as is done for the other two bend points in 
     current law.
       For workers eligible to retire in 2012 and beyond with 
     portions of AIME above the

[[Page 3926]]

     level of this second new bend point, further progressive 
     indexing adjustments would be made to the other two remaining 
     marginal PIA factors (32 percent and 15 percent, 
     respectively) under current law. The objective is to 
     gradually reduce those two PIA factors by the same 
     proportional amount over time, in a manner that would reflect 
     the relative difference between using price indexing and 
     using the current law practice of wage indexing to determine 
     the benefits for a career-maximum earner (a worker always 
     earning annual wages at or above the maximum amount subject 
     to OASDI payroll taxes). The percentage by which those upper-
     two PIA factors are reduced in a given year, however, must be 
     somewhat greater than that ratio alone, because it must be 
     applied to a smaller base of career earnings. (Initial 
     retirement benefits derived from the portion of any worker's 
     AIME below the 30th percentile are held harmless from the 
     progressive indexing adjustments). Hence, the new benefits 
     formula adjusts those 15-percent and 32-percent PIA factors 
     by multiplying them by (1) the difference of the maximum CPI-
     indexed benefit amount for a given year after 2011 over the 
     benefit amount determined for an individual whose AIME is 
     equal to the hold-harmless 30th percentile level at the 
     second new bend point divided by (2) the difference of the 
     maximum wage-indexed benefit amount for the same year over 
     the benefit amount determined for an individual with AIME at 
     the 30th percentile level.
       Over time, as the original 15 percent and 32 percent PIA 
     factors are reduced incrementally in line with the difference 
     between price growth and average wage growth, higher earning 
     workers will have relatively smaller shares of their total 
     AIME converted into retirement benefits. Growth in future 
     retirement benefits for relatively lower earning workers, 
     with a greater share of total AIME affected by the unchanged 
     lower-two PIA factors, will be slowed at a lesser ``blended'' 
     rate.
       The progressive indexing reduction of the upper-two PIA 
     factors would not continue indefinitely if the financial 
     status and outlook of the Social Security system improved and 
     returned to sustainable solvency. Whenever the Chief Actuary 
     of the Social Security Administration certifies that, for a 
     calendar year after 2080, the combined balance of the Old-Age 
     and Survivors Trust Fund and the Disability Insurance Trust 
     Fund is positive and not less than 100 percent for that 
     calendar year, and it is projected to remain stable and grow 
     in the future, further adjustments to the PIA factors would 
     be frozen and the upper-two PIA factors would remain at their 
     level of the preceding year. Additional adjustments would 
     resume in any later calendar year during which the combined 
     balance dropped below 100 percent. This stabilizing provision 
     may cause the incremental effects of progressive indexing to 
     be added only intermittently in calendar years after 2080.


                     SECTION 3: LONGEVITY INDEXING

       Initial Social Security benefits would be adjusted to more 
     accurately account for increases in worker life expectancy.
       Current Law: A worker's initial retirement benefit is price 
     indexed annually to adjust for increases in the cost-of-
     living, as measured by the CPI-W. No further adjustments in 
     benefits are made for changes in average life expectancy for 
     any given cohort of retirees.
       Bennett Bill: In 2018 and later years, initial benefits for 
     future retirees would be adjusted annually by the Social 
     Security Administration to account for changes in the 
     expected average life expectancy, at age 67 (the age of 
     normal retirement for future retirees). This would be done by 
     multiplying the PIA factors by a life expectancy ratio 
     calculated by the Chief Actuary, using final and complete 
     actual data that is available for a given calendar year. It 
     would represent the ratio of the period life expectancy based 
     on computed death rates for 2013 of an individual at age 67 
     to the period life expectancy of an individual at that age 
     based on the computed death rates for the fourth calendar 
     year preceding the calendar year for which the life 
     expectancy ratio is determined.
       Those persons who are currently age 55 and older or who are 
     young survivors would not have their benefits impacted by 
     this adjustment.
       The bill would also require the Social Security 
     Commissioner to conduct a study on the feasibility of 
     determining life expectancies for disabled beneficiaries. A 
     report on the study would be due no later than one year after 
     the date of enactment of the bill.


             SECTION 4: TREATMENT OF DISABLED BENEFICIARIES

       With regard to the disabled, the bill would not affect 
     those receiving Social Security disability benefits while 
     they are disabled.
       Current Law: Upon reaching normal retirement age, the 
     social security benefits for disabled beneficiaries are no 
     longer paid by the Disability Insurance Trust Fund, and 
     disabled beneficiaries become eligible for retiree benefits 
     financed by the Old-Age and Survivors Trust Fund. Disability 
     benefits are computed similarly to retirement benefits, but 
     they are calculated as if the worker attained the full 
     retirement age in the year he or she became disabled.
       Bennett Bill: At the time of conversion by disabled 
     beneficiaries to retired worker status, their retirement 
     benefits would be calculated using a blend of two formulas. 
     The current law benefit formula would continue to apply 
     proportionately for the relative period of time during their 
     potential working lifetime (between age 22 and age 62) when 
     they were disabled. Future changes in current law benefits 
     due to progressive indexing and longevity indexing would 
     apply proportionately to the relative period of time when 
     they were able to engage in covered employment.


  SECTION 5: ACCELERATION OF PRESENT-LAW NORMAL RETIREMENT AGE CHANGES

       The age of normal retirement, for full Initial Social 
     Security benefits, would be adjusted to more accurately 
     account for increases in worker life expectancy.
       Current Law: The age at which a worker becomes eligible for 
     full Social Security retirement benefits--the normal 
     retirement age, or NRA, is currently scheduled to increase 
     incrementally from age 66 to age 67 for those workers first 
     reaching age 62 in 2017 or later. The NRA depends on the 
     worker's year of birth and, correspondingly, when he or she 
     becomes age 62 and first eligible for retirement benefits. 
     For people born before 1938, the NRA is 65. For workers born 
     between 1938 and 1943, the NRA already began to increase by 
     two months per birth year. Hence, the NRA now is 66 for 
     people born in 1943 or later. It will remain at that level 
     until 2017, when it again begins to increase at the rate of 
     two months per birth year, beginning with people born in 
     1955. By 2022, the NRA will be 67 for workers born in 1960 or 
     later.
       Retirement benefits are still available at age 62, but with 
     greater reduction as the NRA increases to age 67. For 
     example, a worker retiring at age 62 in 2022 will have their 
     initial benefits reduced by 30 percent. A worker who retired 
     at age 62 in 2005 would have received benefits reduced by 
     only 20 percent.
       Bennett Bill: The current-law increase in the NRA from age 
     66 to age 67 would begin 5 years sooner, starting in the year 
     2012 (for those born in 1950) rather than in the year 2017. 
     Hence, the NRA would be increased by two months each year 
     thereafter until it reached age 67 in 2017, for those born in 
     1955 and later.


  SECTION 6: MAINTENANCE OF ADEQUATE BALANCES IN THE SOCIAL SECURITY 
                              TRUST FUNDS

       The bill would ensure that benefits are not cut 
     automatically in future years due to the combined OASDI Trust 
     Fund becoming insolvent (trust fund assets insufficient to 
     cover the entire costs of the programs).
       Current Law: According to the latest projections by the 
     Chief Actuary, the Old-Age and Survivor Trust Fund will be 
     insolvent in the year 2041. Under current law, if assets are 
     insufficient to pay for benefits in a particular year, the 
     benefits of all beneficiaries are reduced proportionately to 
     make up for the shortfall. Hence, the Chief Actuary currently 
     projects that in 2042, benefits will be reduced by roughly 30 
     percent.
       Bennett Bill: This bill would ensure that for years in 
     which there would not otherwise be sufficient assets in the 
     trust fund to pay out scheduled benefits, the gap would be 
     filled by the appropriation of funds from general revenues. 
     This failsafe general revenue transfer provision would ensure 
     that a sufficient financial cushion remains to provide 
     payment of all benefits promised under the bill. However, it 
     primarily operates as a fiscal placeholder that indicates the 
     annual amount of increased revenue, or reduced expenditures, 
     required to maintain an annual combined trust fund balance 
     ratio of no less than 100 percent. It remains neutral as to 
     which fiscal method, or combination of methods, is used to 
     achieve this objective.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 2428. A bill to amend the Public Health Service Act to reauthorize 
the Automated Defibrillation in Adam's Memory Act; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. FEINGOLD. Mr. President, today I am introducing the 
reauthorization of the Automated Defibrillators in Adam's Memory Act, 
or the ADAM Act. This bill is modeled after the successful Project ADAM 
that originally began in Wisconsin, and will reauthorize a program to 
establish a national clearing house to provide schools with the ``how-
to'' and technical advice to set up a public access defibrillation 
program.
  Every 2 minutes, someone in America falls into sudden cardiac arrest. 
By improving access to AEDs, we can improve the survival rates of 
cardiac arrest in our communities.
  In my home State of Wisconsin, as in many other States, heart disease 
is the number one killer. Ninety-five sudden deaths from cardiac arrest 
occur each day in Wisconsin alone. Overall, heart disease kills more 
Americans than AIDS, cancer and diabetes combined.

[[Page 3927]]

  Cardiac arrest can strike anyone. Cardiac victims are in a race 
against time, and unfortunately, for too many of those in rural areas, 
Emergency Medical Services are unable to reach people in need, and time 
runs out for victims of cardiac arrest. It's simply not possible to 
have EMS units next to every farm and small town across the Nation.
  Fortunately, recent technological advances have made the newest 
generation of AEDs inexpensive and simple to operate. Because of these 
advancements in AED technology, it is now practical to train and equip 
police officers, teachers, and members of other community 
organizations.
  An estimated 163,221 Americans experience out-of-hospital sudden 
cardiac arrests each year. Immediate CPR and early defibrillation using 
an automated external defibrillator, AED, can more than double a 
victim's chance of survival. By taking some relatively simple steps, we 
can give victims of cardiac arrest a better chance of survival.
  Over the past 6 years, I have worked with Senator Susan Collins, a 
Republican from Maine, on a number of initiatives to empower 
communities to improve cardiac arrest survival rates. We have pushed 
Congress to support rural first responders--local police and fire and 
rescue services--in their efforts to provide early defibrillation. 
Congress heard our call, and responded by enacting two of our bills, 
the Rural Access to Emergency Devices Act and the ADAM Act.
  The Rural Access to Emergency Devices program allows community 
partnerships across the country to receive a grant enabling them to 
purchase defibrillators, and receive the training needed to use these 
devices. This program is entering its second year of helping rural 
communities purchase defibrillators and train first responders, and I'm 
pleased to say that grants have already put defibrillators in rural 
communities in 49 States, helping those communities be better prepared 
when cardiac arrest strikes.
  Approximately 95 percent of sudden cardiac arrest victims die before 
reaching the hospital. Every minute that passes before a cardiac arrest 
victim is defibrillated, the chance of survival falls by as much as 10 
percent. After only 8 minutes, the victim's survival rate drops by 60 
percent. This is why early intervention is essential--a combination of 
CPR and use of AEDs can save lives.
  If we give people in rural communities a chance, they may be able to 
reverse a cardiac arrest before it takes another life. Unfortunately, 
the President zeroed out the funding for the Rural AED program in 
fiscal year 2007 after the program was cut by 83 percent last year. I 
am very disappointed that this program has been eliminated in the 
President's budget, and I will do everything in my power to restore 
funding to this program.
  Heart disease is not only a problem among adults. A few years ago I 
learned the story of Adam Lemel, a 17-year-old high school student and 
a star basketball and tennis player in Wisconsin. Tragically, during a 
timeout while playing basketball at a neighboring Milwaukee high 
school, Adam suffered sudden cardiac arrest, and died before the 
paramedics arrived.
  This story is incredibly tragic. Adam had his whole life ahead of 
him, and could quite possibly have been saved with appropriate early 
intervention. In fact, we have seen a number of examples in Wisconsin 
where early CPR and access to defibrillation have saved lives.
  Seventy miles away from Milwaukee, a 14-year-old boy collapsed while 
playing basketball. Within 3 minutes, the emergency team arrived and 
began CPR. Within 5 minutes of his collapse, the paramedics used an AED 
to jump start his heart. Not only has this young man survived, doctors 
have identified his father and brother as having the same heart 
condition and have begun preventative treatments.
  These stories help to underscore some important issues. First, 
although cardiac arrest is most common among adults, it can occur at 
any age--even in apparently healthy children and adolescents. Second, 
early intervention is essential--a combination of CPR and the use of 
AEDs can save lives. Third, some individuals who are at risk for sudden 
cardiac arrest can be identified to prevent cardiac arrest.
  After Adam Lemel suffered his cardiac arrest, his friend David Ellis 
joined forces with Children's Hospital of Wisconsin to initiate Project 
ADAM to bring CPR training and public access defibrillation into 
schools, educate communities about preventing sudden cardiac deaths and 
save lives.
  Today, Project ADAM has introduced AEDs into several Wisconsin 
schools, and has been a model for programs in Washington, Florida, 
Michigan and elsewhere. Project ADAM provides a model for the Nation, 
and now, with the enactment of this new law, more schools will have 
access to the information they seek to launch similar programs.
  The ADAM Act was passed into law in 2003, but has yet to be funded. 
Should funding be enacted, the program will help to put life-saving 
defibrillators in the hands of people in schools around the country. I 
have been very proud to play a part in having this bill signed into 
law, and it is my hope that the reauthorization of the Act will quickly 
pass through the Congress and into law, and that funding will follow. 
It would not take much money to fund this program and save lives across 
the country.
  The ADAM Act is one way we can honor the life of children like Adam 
Lemel, and give tomorrow's pediatric cardiac arrest victims a fighting 
chance at life.
  This act exists because a family experienced the tragic loss of their 
son, but they were determined to spare other families that same loss. I 
thank Adam's parents, Joe and Patty, for their courageous efforts and I 
thank them for everything they have done to help the ADAM Act become 
law. Their actions take incredible bravery, and I commend them for 
their efforts.
  By making sure that AEDs are available in our Nation's rural areas, 
schools and throughout our communities we can help those in a race 
against time have a fighting chance of survival when they fall victim 
to cardiac arrest. I urge Congress to pass this reauthorization, and to 
fund the ADAM Act and the Rural AED program at their full levels. We 
have the power to prevent death--all we must do is act.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2428

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Automated Defibrillation in 
     Adam's Memory Reauthorization Act''.

     SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

       Section 312(e) of the Public Health Service Act (42 U.S.C. 
     244(e)) is amended in the first sentence by striking ``fiscal 
     year 2003'' and all the follows through ``2006'' and 
     inserting ``for each of fiscal years 2003 through 2010''.
                                 ______
                                 
      By Mr. LUGAR (for himself, Mr. Allen, Mr. Stevens, Mr. Cornyn, 
        Mr. Crapo, and Mrs. Hutchison) (by request):
  S. 2429. A bill to authorize the President to waive the application 
of certain requirements under the Atomic Energy Act of 1954 with 
respect to India; to the Committee on Foreign Relations.
  Mr. LUGAR. Mr. President, I rise today to introduce, at the request 
of the administration, its proposed legislation to implement the 
recently concluded U.S.-India Civilian Nuclear Agreement.
  By providing this draft legislation to the Senate and the House of 
Representatives, the administration has taken the first step in 
initiating the congressional review of the U.S.-Indian Civilian Nuclear 
Agreement. The Committee on Foreign Relations has held one hearing on 
the issue thus far. Under Secretaries of State Nick Burns and Bob 
Joseph, as well as outside experts testified on the matter. Last week I 
joined with a number of House and Senate colleagues in discussing the 
agreement with President Bush at the White House. In recent weeks I 
have

[[Page 3928]]

met repeatedly with administration officials on this matter and look 
forward to commencing the Committee on Foreign Relations' review of the 
agreement.
  The Committee on Foreign Relations will review the proposed nuclear 
cooperation agreement, the Indian separation plan, and this legislation 
closely. The committee will commence the review with a classified 
briefing from Under Secretaries Nick Burns and Bob Joseph the last week 
of March. During the first week of April Secretary Rice will testify in 
an open hearing. The week we return from the Easter congressional 
recess the committee will receive testimony from panels of outside 
experts who both support and oppose the agreement. This schedule should 
be looked on as the beginning of the oversight and review process; it 
is possible additional committee hearings and briefings will be 
necessary.
  I look forward to working with my colleagues and the administration 
to review this agreement to fulfill our Constitutional role on this 
important matter.
                                 ______
                                 
      By Mr. DeWINE (for himself and Mr. Levin):
  S. 2430. A bill to amend the Great Lakes Fish and Wildlife 
Restoration Act of 1990 to provide for implementation of 
recommendations of the United States Fish and Wildlife Service 
contained in the Great Lakes Fishery Resources Restoration Study; to 
the Committee on Environment and Public Works.
  Mr. DeWINE. Mr. President, today, I join my colleague from Michigan, 
Senator Levin, in introducing the Great Lakes Fish and Wildlife 
Restoration Act of 2006.
  This measure was first enacted in 1990 and reauthorized in 1998 to 
coordinate the management, protection, and restoration of fish and 
wildlife resources within the Great Lakes Basin. Many groups support 
this program because it is a good management tool and facilitates 
better communication between their agencies.
  The Great Lakes harbor a wide variety of fish and wildlife. Over 140 
fish species and over 500 species of migratory bird can be found in the 
basin. As in many coastal areas, there is a heavy concentration of 
people and industry bordering the Great Lakes. Further, the Great Lakes 
are threatened by the continuing introduction of invasive species, 
which negatively impact the native food chain and habitat.
  The fish and wildlife in the Great Lakes are facing grave dangers, 
and the Great Lakes Fish & Wildlife Restoration Act of 2006 would 
provide needed resources and authority to alleviate some of these 
concerns. For instance, the bill would reauthorize the grant program, 
increasing the available amount to $12 million and would add wildlife 
projects to the types of projects that may receive grants. The U.S. 
Fish & Wildlife Service would award grants based on the recommendations 
from the existing grant proposal review committee, with the addition of 
wildlife experts.
  The bill also would authorize up to $6 million each year for the U.S. 
Fish & Wildlife Service to undertake projects that have a regional 
benefit to fish and wildlife. Under this new authority, the Service 
would undertake projects based on the recommendations of states and 
tribes.
  Additionally, the bill would require the Fish & Wildlife Service to 
submit a report to Congress in 2011 that describes the fish and 
wildlife grants that have been awarded and the results of those grants. 
The Service would report annually to the states and tribes regarding 
the grants that have been awarded, priorities proposed for funding in 
the budget, and actions taken in support of Great Lakes regional 
collaboration.
  This bill reflects the collaboration of non-governmental groups, as 
well as tribal, State, and Federal agencies with jurisdiction over the 
management of fish and wildlife resources of the Great Lakes. All of 
those groups have the goal of protecting and restoring Great Lakes fish 
and wildlife, and this bill will continue in the right direction.
  I urge my colleagues to support this legislation. I ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2430

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Great Lakes Fish and 
     Wildlife Restoration Act of 2006''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Great Lakes have fish and wildlife communities that 
     are structurally and functionally changing;
       (2) successful fish and wildlife management focuses on the 
     lakes as ecosystems, and effective management requires the 
     coordination and integration of efforts of many partners;
       (3) it is in the national interest to undertake activities 
     in the Great Lakes Basin that support sustainable fish and 
     wildlife resources of common concern provided under the 
     recommendations of the Great Lakes Regional Collaboration 
     authorized under Executive Order 13340 (69 Fed. Reg. 29043; 
     relating to the Great Lakes Interagency Task Force);
       (4) additional actions and better coordination are needed 
     to protect and effectively manage the fish and wildlife 
     resources, and the habitats upon which the resources depend, 
     in the Great Lakes Basin;
       (5) as of the date of enactment of this Act, actions are 
     not funded that are considered essential to meet the goals 
     and objectives in managing the fish and wildlife resources, 
     and the habitats upon which the resources depend, in the 
     Great Lakes Basin; and
       (6) the Great Lakes Fish and Wildlife Restoration Act (16 
     U.S.C. 941 et seq.) allows Federal agencies, States, and 
     tribes to work in an effective partnership by providing the 
     funding for restoration work.

     SEC. 3. DEFINITIONS.

       Section 1004 of the Great Lakes Fish and Wildlife 
     Restoration Act of 1990 (16 U.S.C. 941b) is amended--
       (1) by striking paragraphs (1), (4), and (12);
       (2) by redesignating paragraphs (2), (3), (5), (6), (7), 
     (8), (9), (10), (11), (13), and (14) as paragraphs (1), (2), 
     (3), (4), (5), (6), (7), (9), (10), (11), and (12), 
     respectively;
       (3) in paragraph (4) (as redesignated by paragraph (2)), by 
     inserting before the semicolon at the end the following: ``, 
     and that has Great Lakes fish and wildlife management 
     authority in the Great Lakes Basin''; and
       (4) by inserting after paragraph (7) (as redesignated by 
     paragraph (2)) the following:
       ``(8) the term `regional project' means authorized 
     activities of the United States Fish and Wildlife Service 
     related to fish and wildlife resource protection, 
     restoration, maintenance, and enhancement that benefit the 
     Great Lakes basin;''.

     SEC. 4. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF 
                   PROPOSALS.

       Section 1005 of the Great Lakes Fish and Wildlife 
     Restoration Act of 1990 (16 U.S.C. 941c) is amended to read 
     as follows:

     ``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF 
                   PROPOSALS AND REGIONAL PROJECTS.

       ``(a) In General.--Subject to subsection (b)(2), the 
     Director--
       ``(1) shall encourage the development and, subject to the 
     availability of appropriations, the implementation of fish 
     and wildlife restoration proposals and regional projects; and
       ``(2) in cooperation with the State Directors and Indian 
     Tribes, shall identify, develop, and, subject to the 
     availability of appropriations, implement regional projects 
     in the Great Lakes Basin to be administered by Director in 
     accordance with this section.
       ``(b) Identification of Proposals and Regional Projects.--
       ``(1) Request by the director.--The Director shall annually 
     request that State Directors and Indian Tribes, in 
     cooperation or partnership with other interested entities and 
     in accordance with subsection (a), submit proposals or 
     regional projects for the restoration of fish and wildlife 
     resources.
       ``(2) Requirements for proposals and regional projects.--A 
     proposal or regional project under paragraph (1) shall be--
       ``(A) submitted in the manner and form prescribed by the 
     Director; and
       ``(B) consistent with--
       ``(i) the goals of the Great Lakes Water Quality Agreement, 
     as amended;
       ``(ii) the 1954 Great Lakes Fisheries Convention;
       ``(iii) the 1980 Joint Strategic Plan for Management of 
     Great Lakes Fisheries, as revised in 1997, and Fish Community 
     Objectives for each Great Lake and connecting water as 
     established under the Joint Strategic Plan;
       ``(iv) the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.);
       ``(v) the North American Waterfowl Management Plan and 
     joint ventures established under the plan; and
       ``(vi) the strategies outlined through the Great Lakes 
     Regional Collaboration authorized under Executive Order 13340 
     (69 Fed.

[[Page 3929]]

     Reg. 29043; relating to the Great Lakes Interagency Task 
     Force).
       ``(3) Sea lamprey authority.--The Great Lakes Fishery 
     Commission shall retain authority and responsibility to 
     formulate and implement a comprehensive program to eradicate 
     or minimize sea lamprey populations in the Great Lakes Basin.
       ``(c) Review of Proposals.--
       ``(1) Establishment of committee.--There is established the 
     Great Lakes Fish and Wildlife Restoration Proposal Review 
     Committee, which shall operate under the guidance of the 
     United States Fish and Wildlife Service.
       ``(2) Membership and appointment.--
       ``(A) In general.--The Committee shall consist of 2 
     representatives of each of the State Directors and Indian 
     Tribes, of whom--
       ``(i) 1 representative shall be the individual appointed by 
     the State Director or Indian Tribe to the Council of Lake 
     Committees of the Great Lakes Fishery Commission; and
       ``(ii) 1 representative shall have expertise in wildlife 
     management.
       ``(B) Appointments.--Each representative shall serve at the 
     pleasure of the appointing State Director or Tribal Chair.
       ``(C) Observer.--The Great Lakes Coordinator of the United 
     States Fish and Wildlife Service shall participate as an 
     observer of the Committee.
       ``(D) Recusal.--A member of the Committee shall recuse 
     himself or herself from consideration of proposals that the 
     member, or the entity that the member represents, has 
     submitted.
       ``(3) Functions.--The Committee shall--
       ``(A) meet at least annually;
       ``(B) review proposals and special projects developed in 
     accordance with subsection (b) to assess the effectiveness 
     and appropriateness of the proposals and special projects in 
     fulfilling the purposes of this title; and
       ``(C) recommend to the Director any of those proposals and 
     special projects that should be funded and implemented under 
     this section.
       ``(d) Implementation of Proposals and Regional Projects.--
       ``(1) In general.--After considering recommendations of the 
     Committee and the goals specified in section 1006, the 
     Director shall--
       ``(A) select proposals and regional projects to be 
     implemented; and
       ``(B) subject to the availability of appropriations and 
     subsection (e), fund implementation of the proposals and 
     regional projects.
       ``(2) Selection criteria.--In selecting and funding 
     proposals and regional projects, the Director shall take into 
     account the effectiveness and appropriateness of the 
     proposals and regional projects in fulfilling the purposes of 
     other laws applicable to restoration of the fish and wildlife 
     resources and habitat of the Great Lakes Basin.
       ``(e) Cost Sharing.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (4), not less than 25 percent of the cost of implementing a 
     proposal selected under subsection (d) (excluding the cost of 
     establishing sea lamprey barriers) shall be paid in cash or 
     in-kind contributions by non-Federal sources.
       ``(2) Regional projects.--Regional projects selected under 
     subsection (d) shall be exempt from cost sharing if the 
     Director determines that the authorization for the project 
     does not require a non-Federal cost-share.
       ``(3) Exclusion of federal funds from non-federal share.--
     The Director may not consider the expenditure, directly or 
     indirectly, of Federal funds received by any entity to be a 
     contribution by a non-Federal source for purposes of this 
     subsection.
       ``(4) Effect on certain indian tribes.--Nothing in this 
     subsection affects an Indian tribe affected by an alternative 
     applicable cost sharing requirement under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.).''.

     SEC. 5. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE 
                   PROGRAMS RELATED TO GREAT LAKES FISH AND 
                   WILDLIFE RESOURCES.

       Section 1006 of the Great Lakes Fish and Wildlife 
     Restoration Act of 1990 (16 U.S.C. 941d) is amended by 
     striking paragraph (1) and inserting the following:
       ``(1) Restoring and maintaining self-sustaining fish and 
     wildlife resources.''.

     SEC. 6. ESTABLISHMENT OF OFFICES.

       Section 1007 of the Great Lakes Fish and Wildlife 
     Restoration Act of 1990 (16 U.S.C. 941e) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Great Lakes Coordination Office.--
       ``(1) In general.--The Director shall establish a centrally 
     located facility for the coordination of all United States 
     Fish and Wildlife Service activities in the Great Lakes 
     Basin, to be known as the `Great Lakes Coordination Office'.
       ``(2) Functional responsibilities.--The functional 
     responsibilities of the Great Lakes Coordination Office shall 
     include--
       ``(A) intra- and interagency coordination;
       ``(B) information distribution; and
       ``(C) public outreach.
       ``(3) Requirements.--The Great Lakes Coordination Office 
     shall--
       ``(A) ensure that information acquired under this Act is 
     made available to the public; and
       ``(B) report to the Director of Region 3, Great Lakes Big 
     Rivers.'';
       (2) in subsection (b)--
       (A) in the first sentence, by striking ``The Director'' and 
     inserting the following:
       ``(1) In general.--The Director'';.
       (B) in the second sentence, by striking ``The office'' and 
     inserting the following:
       ``(2) Name and location.--The office''; and
       (C) by adding at the end the following:
       ``(3) Responsibilities.--The responsibilities of the Lower 
     Great Lakes Fishery Resources Office shall include 
     operational activities of the United States Fish and Wildlife 
     Service related to fishery resource protection, restoration, 
     maintenance, and enhancement in the Lower Great Lakes.''; and
       (3) in subsection (c)--
       (A) in the first sentence, by striking ``The Director'' and 
     inserting the following:
       ``(1) In general.--The Director'';.
       (B) in the second sentence, by striking ``The office'' and 
     inserting the following:
       ``(2) Name and location.--The office''; and
       (C) by adding at the end the following:
       ``(3) Responsibilities.--The responsibilities of the Upper 
     Great Lakes Fishery Resources Offices shall include 
     operational activities of the United States Fish and Wildlife 
     Service related to fishery resource protection, restoration, 
     maintenance, and enhancement in the Upper Great Lakes.''.

     SEC. 7. REPORTS.

       Section 1008 of the Great Lakes Fish and Wildlife 
     Restoration Act of 1990 (16 U.S.C. 941f) is amended to read 
     as follows:

     ``SEC. 1008. REPORTS.

       ``(a) In General.--Not later than December 31, 2011, the 
     Director shall submit to the Committee on Resources of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report that describes--
       ``(1) actions taken to solicit and review proposals under 
     section 1005;
       ``(2) the results of proposals implemented under section 
     1005; and
       ``(3) progress toward the accomplishment of the goals 
     specified in section 1006.
       ``(b) Annual Reports.--Not later than December 31 of each 
     of fiscal years 2007 through 2012, the Director shall submit 
     to the 8 Great Lakes States and Indian Tribes a report that 
     describes--
       ``(1) actions taken to solicit and review proposals under 
     section 1005;
       ``(2) the results of proposals implemented under section 
     1005;
       ``(3) progress toward the accomplishment of the goals 
     specified in section 1006;
       ``(4) the priorities proposed for funding in the annual 
     budget process under this title; and
       ``(5) actions taken in support of the recommendations of 
     the Great Lakes Regional Collaboration authorized under 
     Executive Order 13340 (69 Fed. Reg. 29043; relating to the 
     Great Lakes Interagency Task Force).
       ``(c) Study.--
       ``(1) In general.--Not later than December 16, 2009, the 
     Director, in consultation with State fish and wildlife 
     resource management agencies, Indian Tribes, and the Great 
     Lakes Fishery Commission, shall--
       ``(A) conduct a comprehensive study of the status, and the 
     assessment, management, and restoration needs, of the fish 
     and wildlife resources of the Great Lakes Basin, including a 
     comprehensive review of the accomplishments that have been 
     achieved under this title through fiscal year 2008; and
       ``(B) submit to the President of the Senate and the Speaker 
     of the House of Representatives--
       ``(i) the study described in subparagraph (A); and
       ``(ii) a comprehensive report on the findings of the study.
       ``(d) Report.--Not later than June 30, 2006, the Director 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Resources of the House of 
     Representatives the 2002 report required under this section 
     as in effect on the day before the date of enactment of the 
     Great Lakes Fish and Wildlife Restoration Act of 2006.''.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       Section 1009 of the Great Lakes Fish and Wildlife 
     Restoration Act of 1990 (16 U.S.C. 941g) is amended to read 
     as follows:

     ``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Director 
     for each of fiscal years 2007 through 2012--
       ``(1) $12,000,000, of which--
       ``(A) $11,400,000 shall be allocated to implement fish and 
     wildlife restoration proposals as selected by the Director 
     under section 1005(e); and
       ``(B) the lesser of 5 percent or $600,000 shall be 
     allocated to the United States Fish and Wildlife Service to 
     cover costs incurred in administering the proposals by any 
     entity;
       ``(2) $6,000,000, which shall be allocated to implement 
     regional projects by the United States Fish and Wildlife 
     Service, as selected by the Director under section 1005(e); 
     and
       ``(3) $2,000,000, which shall be allocated for the 
     activities of the Great Lake Coordination Office in East 
     Lansing, Michigan, of the Upper Great Lakes Fishery Resources 
     Office, and the Lower Great Lakes Fishery Resources Office 
     under section 1007.''.

[[Page 3930]]


                                 ______
                                 
      By Mr. BAUCUS:
  S. 2431. A bill to amend the Internal Revenue Code of 1986 to 
encourage all Americans to save for retirement by increasing their 
access to pension plans and other retirement savings vehicles, and for 
other purposes; to the Committee on Finance,
  Mr. BAUCUS. Mr. President, today I am introducing legislation to make 
America more competitive by increasing savings. The bill encourages 
savings at work, and requires that the Government consider the Nation's 
savings in the budget process.
  That great American philosopher Yogi Berra once said: ``If you see a 
fork in the road, take it.''
  Well, we are at that fork in the road. Private savings are at an all 
time low. And the government just spoons out more and more red ink. If 
America does not change its ways, we will find ourselves on the wrong 
fork.
  For the past 10 months, I have been talking about competitiveness. I 
have been talking about the steps that we must take to keep this 
country strong. And I have been talking about the steps that we must 
take to make it stronger.
  One key component of my competitiveness agenda is savings. We must 
improve our national savings rate because capital is critical to 
growth. And continued deficits lead ultimately to a downward spiral.
  The 2005 personal savings rate was negative--minus 0.5 percent. 
Taxpayers have joined their government in engaging in deficit spending. 
We have to turn our savings rates around. The question is how to do it.
  With regard to Federal Government budget deficits, we have talked a 
lot over the last few days about the need for a pay-as-you-go process. 
We all know that it is important. The only question is whether we are 
willing to take the tough steps that pay-go requires, and not leave the 
burden to our children and grandchildren.
  Pay-go does not necessarily mean tax increases. It could mean 
collecting the taxes that are already owed. The most recent IRS 
estimate of the tax gap--the difference between what taxpayers owe and 
what they pay on time--is $350 billion each year.
  Collecting that difference would pay for a lot of the Government. 
Several times, the Senate has passed legislation that would close 
corporate loopholes and other abuses that contribute to the tax gap. 
Instead of looking for additional taxes, we should work with our 
Colleagues in the House to enact proposals like these that will simply 
get taxpayers to pay what they already owe.
  Today, I want to focus on the lack of personal savings for 
retirement. We all know it is inadequate. And we must address this 
problem if American workers are to be able to retire with confidence 
that they can maintain their living standards.
  The ``Savings Competitiveness Act,'' which I introduce today, will 
make it easier for millions of workers to save for retirement. It will 
create an automatic opportunity for workers to have savings withheld 
from their paychecks.
  We cannot improve the personal savings rate by providing tax 
incentives that simply shift savings from one type of account to 
another, or from one investment to another. We can improve the personal 
savings rate only by creating new savings, especially savings by 
workers who would otherwise not save. I believe that this bill will do 
just that.
  Data on retirement savings show that workers who can save at work 
through payroll deduction arrangements--such as 401(k) plans--usually 
take advantage of the opportunity to save. About two-thirds of eligible 
workers contribute to a 401(k) plan. That percentage jumps 
dramatically--to more than 80 percent--if eligible workers are 
automatically enrolled in these plans. Automatic enrollment makes 
saving the default. Workers can opt out. But those who do not opt out, 
start saving.
  In November, we passed the pension bill by an overwhelming margin--
97-to-2. That bill included provisions to encourage opt-out 401(k) and 
403(b) plans, instead of opt-in plans. This is a very important first 
step. Separate bills introduced by Senators Bingaman and Snowe, and 
Senators Conrad and Smith were the basis for the Senate provisions. And 
I applaud their efforts to move these ideas along. Since the House also 
included automatic enrollment language in its bill, I expect that the 
final conference bill will take this dramatic step toward increasing 
savings.
  That, however, is just a first step. Automatic enrollment in 401(k) 
and 403(b) plans will help only those who are eligible to join an 
employer-sponsored plan. That is about 60 percent of working Americans. 
Unfortunately, that leaves 40 percent of workers out in the cold. For 
small employers, the situation is worse. More than half of workers with 
small employers--those with fewer than 25 employees--have no employer-
sponsored retirement plan. And for firms with fewer than 10 employees, 
only 16 percent of workers participate in an employer-sponsored plan.
  Those who have no employer-sponsored retirement program are far less 
likely to save for retirement than those who do; 85 percent of workers 
eligible for an employer-sponsored plan are actually earning benefits 
in those plans. But less than 20 percent of eligible taxpayers 
contribute to an IRA.
  Many more own IRAs--because funds from employer plans have been 
rolled over to an IRA. But the truth is, most retirement savings came 
from employer-based retirement plans.
  The high participation rates in employer-sponsored 401(k) plans, and 
the low rates for IRAs, leads to a clear conclusion. We can increase 
retirement savings--create new savings--by making payroll deduction 
retirement savings available to more workers.
  This is not a new idea. President Clinton's USA accounts were one 
attempt to bring retirement savings to all working Americans. Senator 
Bingaman first proposed universal access to retirement savings in his 
Secure Retirement for America Act in the 107th Congress. But it is time 
that we stopped talking. It is time that we started doing something to 
change the direction of the personal savings rate.
  Access to payroll savings is important, but it is not enough. The 
Savings Competitiveness Act that I introduce today will expand savings 
opportunities and more.
  This bill helps workers by providing an opportunity to save for 
retirement through payroll deduction at work. Employers are not 
required to contribute. Employers just withhold contributions and 
forward them to an IRA. We provide a modest credit to help small 
employers with the start-up costs.
  This bill helps children by allowing Young Saver's Accounts to be 
used for kid's savings.
  This bill helps small employers who want to contribute toward 
employees' retirement savings get started with a 3-year start-up credit 
for 50 percent of contributions to workers who are not highly 
compensated. And small employers who use ``SIMPLE'' plans can share the 
profits in a good year by making discretionary contributions to 
employees' SIMPLE IRAs.
  This bill helps lower-income taxpayers by replacing the current 
Saver's Credit with a refundable credit, deposited to the taxpayer's 
retirement savings account. Families earning up to $50,000 would be 
eligible for a 50 percent credit. Those earning up to $60,000 would be 
entitled to a portion of the credit. Low-income savers would not be 
penalized by losing eligibility for food stamps and other benefits.
  This bill helps retirees with modest savings by exempting $50,000 of 
their savings from minimum distribution requirements.
  This bill removes traps for the unwary by simplifying distribution 
rules. It would conform 401(k) and IRA penalties so that workers who do 
not have advisers to lead them through a series of hoops do not get hit 
with excise taxes that those with a guide can avoid.
  This bill takes some of the guesswork out of choosing an IRA. It 
would create a seal of approval for IRAs that have investment options 
similar to those in the Thrift Savings Plan and modest fees.
  The Senate's automatic enrollment provisions are not law yet. So I 
have

[[Page 3931]]

also included them in this new legislation.
  I encourage my Colleagues to join with me to provide workplace 
savings opportunities for working Americans that now have none and to 
stop the unlimited growth of the deficit by adopting a pay-as-you-go 
requirement. I ask you to support the Savings Competitiveness Act.
                                 ______
                                 
      By Mr. SALAZAR (for himself, Mr. Thune, Mr. Akaka, Mr. Dorgan, 
        Mr. Pryor, Mr. Johnson, Mr. Burns, Ms. Murkowski, Mr. Thomas, 
        Mr. Baucus, Mr. Conrad, Mrs. Murray, Mrs. Lincoln, and Mr. 
        Burr):
  S. 2433. A bill to amend title 38, United States Code, to establish 
an Assistant Secretary for Rural Veterans in the Department of Veterans 
Affairs, to improve the care provided to veterans living in rural 
areas, and for other purposes; to the Committee on Veterans' Affairs.
  Mr. SALAZAR. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2433

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rural Veterans Care Act of 
     2006''.

     SEC. 2. ASSISTANT SECRETARY FOR RURAL VETERANS.

       Section 308 of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' before ``There'';
       (B) by striking ``six'' and inserting ``seven''; and
       (C) by striking ``Each'' and inserting the following:
       ``(2) Each'';
       (2) by redesignating subsection (c) as paragraph (3) and 
     inserting such paragraph at the end of subsection (a);
       (3) by inserting after subsection (b) the following new 
     subsection:
       ``(c)(1) One of the Assistant Secretaries appointed under 
     subsection (a) shall be the Assistant Secretary for Rural 
     Veterans, who, under the direction of the Secretary, shall 
     formulate and implement all policies and procedures of the 
     Department that affect veterans living in rural areas.
       ``(2) The Assistant Secretary for Rural Veterans, under the 
     direction of the Secretary, shall perform the following 
     functions:
       ``(A) Except as otherwise expressly provided in this title, 
     carry out the provisions of this title and administer all 
     Department programs for providing care to veterans living in 
     rural areas who are eligible for services authorized under 
     this title.
       ``(B) Oversee and coordinate personnel and policies of the 
     Veterans Health Administration, the Veterans Benefits 
     Administration, the National Cemetery Administration, and 
     their respective subagencies, including Veterans Integrated 
     Service Networks, to carry out Department programs to the 
     extent such programs affect veterans living in rural areas.
       ``(C) Oversee, coordinate, promote, and disseminate 
     research into issues affecting veterans living in rural areas 
     in cooperation with the medical, rehabilitation, health 
     services, and cooperative studies research programs, the 
     Office of Policy and the Office of Research and Development 
     of the Veterans Health Administration, and the centers 
     established in section 7329.
       ``(D) Ensure maximum effectiveness and efficiency in 
     providing services and assistance to eligible veterans under 
     the programs described in subparagraph (A), after 
     consultation with appropriate representatives of the Centers 
     for Medicare and Medicaid Services, the Indian Health 
     Service, and the Office of Rural Health Policy of the 
     Department of Health and Human Services, the Social Security 
     Administration, the Department of Labor, the Department of 
     Agriculture (acting through the Under Secretary for Rural 
     Development), and other Federal, State, and local government 
     agencies.
       ``(E) Work with all personnel and resources of the 
     Department to develop, refine, and promulgate policies, best 
     practices, lessons learned, and innovative and successful 
     programs to improve care and services for rural veterans.
       ``(F) Perform such other functions and duties as the 
     Secretary considers appropriate.
       ``(3) The Secretary shall ensure that the Assistant 
     Secretary for Rural Veterans has the budget, authority, and 
     control necessary for the development, approval, 
     implementation, integration, and oversight of policies, 
     procedures, processes, activities, and systems of the 
     Department relating to the care of rural veterans. The 
     Secretary shall identify a Rural Veterans Coordinator in each 
     Veterans Integrated Service Network, who shall report to the 
     Assistant Secretary for Rural Veterans and coordinate the 
     functions authorized under this subsection within such 
     network.
       ``(4) The Assistant Secretary for Rural Veterans, under the 
     direction of the Secretary, shall supervise the employees of 
     the Department who are responsible for implementing the 
     policies and procedures described in paragraph (1).''; and
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``18'' and inserting ``19''; and
       (ii) by adding at the end the following: ``One of the 
     Deputy Assistant Secretaries appointed under this paragraph 
     shall be the Deputy Assistant Secretary for Rural Veterans, 
     who shall perform such functions as the Assistant Secretary 
     for Rural Veterans prescribes.'';
       (B) in paragraph (2), by inserting ``or, in the case of the 
     Deputy Assistant Secretary for Rural Veterans, comparable 
     service in a management position in the Armed Forces'' after 
     ``Secretary''.

     SEC. 3. RESPONSIBILITIES OF ASSISTANT SECRETARY FOR RURAL 
                   VETERANS.

       (a) Demonstration Projects.--
       (1) In general.--The Assistant Secretary for Rural 
     Veterans, appointed under section 308 of title 38, United 
     States Code, shall carry out demonstration projects to 
     examine alternatives for expanding care in rural areas, 
     including--
       (A) establishing a partnership between the Department of 
     Veterans Affairs and the Centers for Medicare and Medicaid 
     Services of the Department of Health and Human Services to 
     coordinate care for rural veterans conducted at critical 
     access hospitals (as designated or certified under section 
     1820 of the Social Security Act (42 U.S.C. 1395i-4));
       (B) establishing a partnership between the Department of 
     Veterans Affairs and the Department of Health and Human 
     Services to coordinate care for rural veterans conducted at 
     community health centers;
       (C) expanding the use of fee basis care through which 
     private hospitals, health care facilities, and other third-
     party providers are reimbursed for providing care closer to 
     the homes of veterans living in rural areas, as authorized 
     under section 7405(a)(2); and
       (D) expanding coordination between the Department of 
     Veterans Affairs and the Indian Health Service to expand care 
     for Native American veterans.
       (2) Geographic distribution.--The Assistant Secretary for 
     Rural Veterans shall ensure that the demonstration projects 
     authorized under paragraph (1) are located at facilities that 
     are geographically distributed throughout the United States.
       (3) Report.--Not later than two years after the date of 
     enactment of this Act, the Assistant Secretary for Rural 
     Veterans shall submit a report on the results of the 
     demonstration projects conducted under paragraph (1) to--
       (A) the Committee on Veterans Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Veterans Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (b) Policy Revisions.--Not later than one year after the 
     date of enactment of this Act, the Assistant Secretary for 
     Rural Veterans shall--
       (1) reevaluate directives 5005 and 5007 of the Department 
     of Veterans Affairs and other guidance and procedures related 
     to the use of fee basis care nationwide; and
       (2) revise established policies to--
       (A) provide stronger guidance to units of the Department of 
     Veterans Affairs; and
       (B) strengthen the use of fee basis care to extend health 
     care services to rural and remote rural areas.
       (c) Reports to Congress.--The Secretary of Veterans Affairs 
     shall submit to Congress, in conjunction with the documents 
     submitted in support of the President's budget for each 
     fiscal year, an assessment of the implementation during the 
     most recently completed fiscal year of the provisions of this 
     Act and the amendments made by this Act.

     SEC. 4. PILOT PROGRAM ON ENHANCED ACCESS TO HEALTH CARE FOR 
                   VETERANS IN HIGHLY RURAL AND GEOGRAPHICALLY 
                   REMOTE AREAS.

       (a) Pilot Program.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     conduct a pilot program to evaluate the feasability and 
     advisability of utilizing various means to improve the access 
     of veterans who reside in highly rural or geographically 
     remote areas to health care services referred to in 
     subsection (d).
       (2) Provision of services under pilot program.--In 
     conducting the pilot program, the Secretary shall provide 
     health care services referred to in subsection (d) to 
     eligible veterans who reside in highly rural or 
     geographically remote areas in the geographic service regions 
     selected for purposes of the pilot program utilizing the 
     contract authority of the Secretary under section 1703 of 
     title 38, United States Code, and such other authorities 
     available to the Secretary as the Secretary considers 
     appropriate for purposes of the pilot program.
       (b) Eligible Veterans.--A veteran is an eligible veteran 
     for purposes of this section if the veteran--
       (1) has a service-connected disability; or

[[Page 3932]]

       (2) is enrolled in the veterans health care system under 
     section 1705 of title 38, United States Code.
       (c) Highly Rural or Geographically Remote Areas.--An 
     eligible veteran resides in a highly rural or geographically 
     remote area for purposes of this section if the veteran--
       (1) resides in a location that is more than 60 miles 
     driving distance from the nearest Department of Veterans 
     Affairs health care facility; or
       (2) in the case of an eligible veteran who resides in a 
     location that is less than 60 miles driving distance from 
     such a facility, experiences such hardship or other 
     difficulties (as determined pursuant to regulations 
     prescribed by the Secretary for purposes of this section) in 
     travel to the nearest Department of Veterans Affairs health 
     care facility that such travel is not in the best interests 
     of the veteran.
       (d) Health Care Services.--The health care services 
     referred to in this section are--
       (1) acute or chronic symptom management;
       (2) nontherapeutic medical services; and
       (3) any other medical services jointly determined 
     appropriate for an eligible veteran for purposes of this 
     section by the physician of the department responsible for 
     primary care of such eligible veteran and the director of the 
     Veterans Integrated Service Network concerned.
       (e) Areas for Conduct of Pilot Program.--
       (1) In general.--The pilot program shall be conducted in 3 
     of the geographic service regions of the Veterans Health 
     Administration (referred to as Veterans Integrated Service 
     Networks) selected by the Secretary for purposes of the pilot 
     program.
       (2) Selection.--In selecting geographic service regions for 
     the purposes of the pilot program, the Secretary, based on 
     the recommendations of the Assistant Secretary for Rural 
     Veterans, shall select from among the Veterans Integrated 
     Service Networks that have a substantial population of 
     veterans who reside in highly rural or geographically remote 
     areas.
       (f) Period of Pilot Program.--The pilot program shall be 
     conducted during fiscal years 2007, 2008, and 2009.
       (g) Funding for Pilot Program.--
       (1) In general.--For each fiscal year during which the 
     pilot program is conducted, the Secretary shall allocate for 
     the pilot program an amount equal to 0.9 percent of the total 
     amount appropriated for such fiscal year for medical 
     services.
       (2) Timing of allocation.--The allocation under paragraph 
     (1) for a fiscal year shall be made before any other 
     allocation of funds for medical care is made for such fiscal 
     year, and any remaining allocation of funds for medical care 
     for such fiscal year shall be made without regard to the 
     allocation under subsection (a) in such fiscal year.
       (h) Report to Congress.--Not later than February 1, 2009, 
     the Secretary shall submit to Congress a report on the pilot 
     program. The Secretary shall include in the report such 
     recommendations as the Secretary considers appropriate 
     concerning extension of the pilot program or other means to 
     improve the access of veterans who reside in highly rural or 
     geographically remote areas to health care services referred 
     to in subsection (d).

     SEC. 5. TRAVEL REIMBURSEMENT FOR VETERANS RECEIVING TREATMENT 
                   AT FACILITIES OF THE DEPARTMENT OF VETERANS 
                   AFFAIRS.

       Section 111 of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``subsistence),'' and inserting 
     ``subsistence at a rate equivalent to the rate provided to 
     Federal employees under section 5702 of title 5),''; and
       (B) by striking ``traveled,'' and inserting ``(at a rate 
     equivalent to the rate provided to Federal employees under 
     section 5704 of title 5),'';
       (2) by striking subsection (g); and
       (3) by redesignating subsection (h) as subsection (g).

     SEC. 6. CENTERS FOR RURAL HEALTH RESEARCH, EDUCATION, AND 
                   CLINICAL ACTIVITIES.

       (a) In General.--Subchapter II of chapter 73 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7329. Centers for rural health research, education, 
       and clinical activities

       ``(a) Establishment of Centers.--The Assistant Secretary 
     for Rural Veterans shall establish and operate not less than 
     one and not more than five centers of excellence for rural 
     health research, education, and clinical activities, which 
     shall--
       ``(1) conduct research on rural health services;
       ``(2) allow the Department to use specific models for 
     furnishing services to treat rural veterans;
       ``(3) provide education and training for health care 
     professionals of the Department; and
       ``(4) develop and implement innovative clinical activities 
     and systems of care for the Department.
       ``(b) Geographic Dispersion.--The Assistant Secretary for 
     Rural Veterans shall ensure that the centers authorized under 
     paragraph (1) are located at health care facilities that are 
     geographically dispersed throughout the United States.
       ``(c) Selection Criteria.--The Assistant Secretary for 
     Rural Veterans may not designate a health care facility as a 
     location for a center under this section unless--
       ``(1) the peer review panel established under subsection 
     (d) determines that the proposal submitted by such facility 
     meets the highest competitive standards of scientific and 
     clinical merit; and
       ``(2) the Assistant Secretary for Rural Veterans determines 
     that the facility has, or may reasonably be anticipated to 
     develop--
       ``(A) an arrangement with an accredited medical school to 
     provide residents with education and training in care for 
     rural veterans;
       ``(B) the ability to attract the participation of 
     scientists who are capable of ingenuity and creativity in 
     health care research efforts;
       ``(C) a policymaking advisory committee, composed of 
     appropriate health care and research representatives of the 
     facility and of the affiliated school or schools, to advise 
     the directors of such facility and such center on policy 
     matters pertaining to the activities of such center during 
     the period of the operation of such center; and
       ``(D) the capability to effectively conduct evaluations of 
     the activities of such center.
       ``(d) Panel to Evaluate Proposals.--(1) The Assistant 
     Secretary for Rural Veterans shall establish a panel to--
       ``(A) evaluate the scientific and clinical merit of 
     proposals submitted to establish centers under this section; 
     and
       ``(B) provide advice to the Assistant Secretary for Rural 
     Veterans regarding the implementation of this section.
       ``(2) The panel shall review each proposal received from 
     the Assistant Secretary for Rural Veterans and shall submit 
     its views on the relative scientific and clinical merit of 
     each such proposal to the Assistant Secretary.
       ``(3) The panel established under paragraph (1) shall be 
     comprised of experts in the fields of public health research, 
     education, and clinical care.
       ``(4) Members of the panel shall serve as consultants to 
     the Department for a period not to exceed two years.
       ``(5) The panel shall not be subject to the Federal 
     Advisory Committee Act.
       ``(e) Funding.--(1) There are authorized to be appropriated 
     such sums as may be necessary for the support of the research 
     and education activities of the centers established pursuant 
     to subsection (a).
       ``(2) The Assistant Secretary for Rural Veterans shall 
     allocate such amounts as the Under Secretary for Health 
     determines to be appropriate to the centers established 
     pursuant to subsection (a) from funds appropriated for the 
     Medical Care Account and the Medical and Prosthetics Research 
     Account.
       ``(3) Activities of clinical and scientific investigation 
     at each center established under subsection (a)--
       ``(A) shall be eligible to compete for the award of funding 
     from funds appropriated for the Medical and Prosthetics 
     Research Account; and
       ``(B) shall receive priority in the award of funding from 
     such account to the extent that funds are awarded to projects 
     for research in the care of rural veterans.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 73 of title 38, United States Code, is 
     amended by inserting after the item relating to section 7328 
     the following new item:

``7329. Centers for rural health research, education, and clinical 
              activities.''.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Graham):
  S. 2434. A bill to limit the amount of time Senators spend on non-
legislative activities; to the Committee on Rules and Administration.
  Mr. WYDEN. Mr. President, the Senate has been working away at a 
lobbying reform bill, which is a good start at curbing the influence of 
special interests, but that alone is not enough. Everyone knows the 
root of the problem is money. Money is the oil that runs the engine of 
a viable campaign for office.
  Every single one of my colleagues and I are in a perpetual campaign. 
Whether you were born a multi-millionaire or come from more humble 
origins, you are chasing money. Senators are elected or reelected on a 
Tuesday, sleep in on Wednesday and by Thursday they are back on the 
phone, dialing supporters for contributions to fuel the next campaign.
  I do not believe Senators should have to operate this way. I believe 
the people send Senators to the Capitol to resolve their and the 
Nation's problems; I don't believe they send us to the United States 
Senate to spend all our time calling donors for support.
  Senators are here to do the people's business, and that's why Senator 
Graham and I are introducing the first bipartisan bill that would let 
Senators

[[Page 3933]]

focus on what the voters of our States sent us here to do. This would 
be the first serious step toward shutting the door on the 6-year 
stockpiling of campaign contributions. Our bill would amend the Senate 
rules to prohibit incumbent Senators from raising money until 18 months 
prior to their re-election. An exception to this ban would be triggered 
if an opposing candidate or group targeted a Senator with more than 
$100,000 in paid advertisements. Such a targeted campaign would free an 
incumbent Senator from the prohibition on soliciting contributions. 
Likewise, the ban would not apply to contributions to retire campaign 
debt.
  I have long admired the system used in many European countries for 
keeping campaigns focused on a short but intense period. That would 
require an amendment to the Constitution, an avenue that time and again 
has proved too difficult to navigate. Short of a Constitutional 
amendment I believe the new approach Senator Graham and I are offering 
could prove viable.
  Campaign finance reform is much like nuclear disarmament: everyone is 
for it but few are willing to take the first step unilaterally. I 
believe that those of us who are already here in the Senate bear the 
responsibility to take that first step.
  Our proposal aims not just to treat the symptoms of scandal and 
corruption; it aims to cure the overall disease by going after the 
endless race for money in politics. Our bipartisan approach enjoys the 
support of a number of groups, including Common Cause, Democracy21, US 
PIRG and Public Citizen.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2434

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Senate Campaign Reform Act 
     of 2006''.

     SEC. 2. LIMITATION ON SOLICITATION OR ACCEPTANCE OF 
                   CONTRIBUTIONS.

       Paragraph 1 of rule XLI of the Standing Rules of the Senate 
     is amended--
       (1) by inserting ``(a)'' after ``1.''; and
       (2) by adding at the end the following:
       ``(b)(1) A Member of the Senate, or officer or employee of 
     the Senate, shall not solicit, receive, direct, or authorize 
     the acceptance of a contribution with respect to a political 
     committee authorized by or affiliated with a Senator at any 
     time other than during the period beginning on the date that 
     is 18 months prior to the date of the next general election 
     for the office held by such Senator and ending on the date of 
     such election.
       ``(2) This subparagraph shall not apply for the period 
     beginning on the date in which a candidate opposing a Senator 
     receives contributions or makes expenditures in excess of 
     $100,000.
       ``(3)(A) This subparagraph shall not apply in any case in 
     which a Senator is targeted (by name or office) in broadcast 
     advertisements paid for by an individual or group that is not 
     affiliated with any candidate for the Senate, but only to the 
     extent that contributions do not exceed the amount paid by 
     the individual or group for such advertisements.
       ``(B) Contributions permitted by subclause (A) shall be 
     used for the sole purpose of responding to such 
     advertisements, and funds remaining at the conclusion of such 
     response shall be returned to the individual contributors 
     (based on the percentage of the total amount contributed).
       ``(C) Not later than 30 days after the date on which a 
     response is made under subclause (B), the Senator shall 
     submit for review to the Select Committee on Ethics of the 
     Senate the amount raised, copies of the advertisements in 
     question, and the dates and outlets on which the 
     advertisements were run.
       ``(4) This subparagraph shall not apply to any authorized 
     committee of a Senator who is a candidate for an office other 
     than Senator, but only if such committee is established for 
     the purpose of running for such other office and no 
     contribution accepted by the committee is used for the 
     purpose of running for the office of Senator.
       ``(5) Any term used in this subparagraph which is also used 
     in the Federal Election Campaign Act of 1971 (2 U.S.C. 331 et 
     seq.) shall have the meaning given such term under such 
     Act.''.
                                 ______
                                 
      By Mr. LUGAR:
  S. 2435. A bill to increase cooperation on energy issues between the 
United States Government and foreign governments and entities in order 
to secure the strategic and economic interests of the United States, 
and for other purposes; to the Committee on Foreign Relations.
  Mr. LUGAR. Mr. President, I rise today to introduce the ``Energy 
Diplomacy and Security Act,'' legislation that recognizes energy 
security to be a foremost concern for United States national security, 
and would realign our diplomatic priorities to meet energy security 
challenges.
  Energy issues pose a multitude of challenges for United States 
national security, foreign policy, economy, and environment. Meeting 
these challenges requires a rigorous and farsighted policy to move us 
toward a sustainable energy future, which will include international 
partnership. The bill calls upon the President to improve the focus and 
coordination of Federal agency activities in international energy 
affairs. The bill further would ensure that concern for energy security 
is integrated into the State Department's core mission and activities, 
and to this end, it calls for the creation of a Coordinator for 
International Energy Affairs within the Office of the Secretary.
  The bill calls upon the Federal Government to expand international 
cooperation on energy issues. The bill seeks to enhance international 
preparedness for major disruptions in oil supplies. A particular 
priority is to offer a formal coordination agreement with China and 
India as they develop strategic petroleum reserves. This would help 
draw them into the international system, providing supply reassurance, 
and thereby reducing potential for conflict. The bill also calls for 
extension of petroleum supply disruption to developing nations which 
are most vulnerable.
  The bill would also stimulate regional partnerships in the Western 
Hemisphere. Most of our oil and virtually all of our gas imports come 
from this Hemisphere. The bill would create a Western Hemisphere Energy 
Forum modeled on the APEC energy working group. This would provide a 
badly-needed mechanism for hemispheric energy cooperation and 
consultation, and would promote private investment in the Hemisphere.
  Finally, the bill would enhance international partnerships with both 
major energy producing and consuming countries. We must engage major 
oil and natural gas producing countries. Not working with major oil and 
gas exporters will lead to unproductive political showdowns and 
conflict. Strategic energy partnerships with other major consuming 
countries are also crucial for our national security. Energy security 
is a priority we hold in common with other import dependent countries, 
and partnership with the world's largest consumers will increase 
leverage in relation to petro-states and speed our own conversion to 
sustainable energy sources. In addition to seeking new avenues of 
cooperation, the bill would give focus to existing bilateral energy 
dialogues, which have lacked clear objectives and political backing.
  I look forward to working with my colleagues and the Administration 
to pursue a foreign policy that meets the grave national security 
challenges posed by the global energy situation.
                                 ______
                                 
      By Mr. NELSON of Florida (for himself and Mr. Menendez):
  S. 2436. A bill to establish an Office of Consumer Advocacy and 
Outreach within the Federal Trade Commission to protect consumers from 
certain unfair or deceptive acts or practices, and for other purposes; 
to the Committee on Commerce, Science, and Transportation.
  Mr. NELSON of Florida. Mr. President, I rise today on behalf of 
myself, and Senator Robert Menendez of New Jersey, to introduce a bill 
to create an Office of Consumer Advocacy and Outreach within the 
Federal Trade Commission.
  Pyramid schemes, too-good-to-be-true business opportunities, miracle 
weight loss products--these are all examples of how average Americans 
are taken advantage of on a daily basis. These schemes have the 
potential to deplete an innocent person's bank accounts and ruin their 
finances and credit record for years to come. Some

[[Page 3934]]

even damage people's health permanently--all for sake a making a few 
bucks.
  Unfortunately, Hispanics are twice as likely as other Americans to 
become victims of consumer fraud. In fact, 14.3 percent of Hispanics 
will fall prey to this type of crime. It's hard to know exactly why 
this is affecting Hispanics disproportionately. Some believe that 
disreputable businesses target certain communities because they believe 
victims are less likely to report crimes. In fact, data has shown that 
Hispanics are less likely to report incidents of fraud than other 
segments of the population.
  The Federal Trade Commission has levied an increasing number of 
complaints against deceptive Spanish-language advertisements, including 
fraudulent driving permits and junk computers in recent years. Two of 
these complaints were filed against businesses in South Florida that 
targeted Spanish speakers with advertisements for ``scientifically 
unfeasible'' weight-loss pills.
  The Office of Consumer Advocacy and Outreach created by this bill 
will provide information to targeted consumers in these communities on 
how to protect themselves against fraudulent schemes and where to seek 
redress if they become a victim. The Office will work with law 
enforcement to track and investigate fraud schemes that target 
immigrants, the elderly, minorities and other communities.
  This legislation will create, develop, and manage an anonymous tip 
program that will allow individuals to report fraud schemes that 
specifically target their community. The tip program will allow anyone 
with knowledge of a fraud scheme involving deceptive advertising to get 
a reward for reporting it directly to the experts who work at the 
Federal Trade Commission.
  To help publicize the reward program, the number for this newly 
created hotline would be included in a Spanish-language public service 
advertising campaign produced by the Federal Trade Commission that 
warns against consumer fraud and provides the number for this newly 
created anonymous hotline.
  Finally, the Office will work with law enforcement to increase their 
level of participation in the Consumer Sentinel database system. This 
database, currently in existence, collects information from local, 
State and Federal agencies on consumer complaints to assist in the 
tracking and investigating of consumer fraud issues.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2436

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Trade Commission 
     Consumer Advocacy Act''.

     SEC. 2. ESTABLISHMENT OF THE OFFICE OF CONSUMER ADVOCACY AND 
                   OUTREACH.

       There is established within the Federal Trade Commission an 
     Office of Consumer Advocacy and Outreach.

     SEC. 3. PURPOSE OF THE OFFICE OF CONSUMER ADVOCACY AND 
                   OUTREACH.

       The purpose of the Office of Consumer Advocacy and Outreach 
     is to protect minority consumers, disabled consumers, and 
     other targeted consumers from unfair or deceptive acts or 
     practices that violate section 5 of the Federal Trade 
     Commission Act (15 U.S.C. 45).

     SEC. 4. RESPONSIBILITIES OF THE OFFICE OF CONSUMER ADVOCACY 
                   AND OUTREACH.

       The head of the Office of Consumer Advocacy and Outreach 
     shall--
       (1) assist law enforcement personnel in--
       (A) investigating unfair or deceptive acts or practices 
     that violate section 5 of the Federal Trade Commission Act 
     (15 U.S.C. 45) and that affect minority, disabled, or other 
     targeted consumers; and
       (B) increasing the amount of information available about 
     such acts or practices through the Consumer Sentinel database 
     system or an equivalent database system;
       (2) provide consumers, including minority, disabled, or 
     other targeted consumers, information regarding detecting 
     unfair or deceptive acts or practices;
       (3) administer a program that permits individuals to 
     anonymously report information regarding an unfair or 
     deceptive act or practice that affects minority, disabled, or 
     other targeted consumers;
       (4) carry out a program to provide a monetary reward to an 
     individual who reports an unfair or deceptive act or practice 
     that affects minority, disabled, or other targeted consumers 
     if such report results in the Federal Trade Commission 
     obtaining a civil penalty from a person liable for such act 
     or practice; and
       (5) carry out a public awareness campaign in Spanish to 
     inform Spanish-speaking consumers about the services provided 
     by the Office and the award program described in paragraph 
     (4).
                                 ______
                                 
      By Mr. STEVENS (for himself, Mrs. Hutchison, Mrs. Dole, Mr. 
        Talent, Mrs. Feinstein, Ms. Mikulski, and Mr. Byrd):
  S. 2437. A bill to increase penalties for trafficking with respect to 
peonage, slavery, involuntary servitude, or forced labor; to the 
Committee on the Judiciary.
  Mr. STEVENS. Mr. President, over 100 years ago, our country 
criminalized slavery with the 13th amendment to the U.S. constitution. 
Yet, thousands of people in our country still live a life of slavery 
and forced prostitution.
  According to the State Department, up to 800,000 people worldwide are 
trafficked across borders each year. As many as 17,000 persons are 
believed to be trafficked in the United States annually.
  The majority of these victims are women and children. Most of them 
are trafficked into commercial sexual exploitation.
  Human trafficking is a highly profitable and dangerous business. It 
generates an estimated $9.5 billion annually and is closely connected 
to organized crime. Human trafficking operations have been linked to 
money-laundering, drug-trafficking, document forgery, and the funding 
of terrorist activities.
  Those involved in human trafficking prey on the most vulnerable in 
our society. They seek out those living in poverty and those who have 
not had access to a good education.
  Human traffickers hold their victims against their will and force 
them into slavery or the sex industry, where they are threatened and 
often physically or sexually abused.
  The State Department is working with other nations to combat this 
problem internationally, and we must do more here at home.
  Those involved in human trafficking should face severe criminal 
penalties. It is my hope that such penalties will discourage this type 
of activity. Our country is a beacon of freedom for the world, and the 
idea that thousands of people a year are enslaved right in our own 
backyard sickens me. This must be stopped.
  In the past, Congress has passed laws increasing the penalties for 
human trafficking. I urge my colleagues to join me in increasing these 
penalties once again.
  This bill makes the trafficking of humans a capital offense. It not 
only holds those who lure men, women, and children into a life of 
slavery and prostitution responsible; it also punishes those involved 
in the transport or purchase of these victims.
  This bill gives our courts the tools they need to curb this ongoing 
epidemic. I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. REID:
   2439. A bill to amend the Energy Employees Occupational Illness 
Compensation Program Act of 2000 to provide for certain nuclear weapons 
program workers to be included in the Special Exposure Cohort under the 
compensation program established by that Act; to the Committee on 
Health, Education, Labor, and Pensions.

  Mr. REID. Mr. President, I rise today to introduce a bill to provide 
compensation for civilian veterans of the Cold War who contracted 
cancer as a result of their work at our nuclear weapons facilities, The 
Nevada Test Site Veteran's Compensation Act of 2006.
  The Nevada Test Site Veteran's Compensation Act of 2006 will ensure 
that employees who worked at the Nevada Test Site during the years of 
above and below ground nuclear weapons testing and suffer from 
radiation-induced cancers as a result of that work finally receive the 
compensation they deserve. These Cold War veterans sacrificed their 
health and wellbeing for their

[[Page 3935]]

county. We can wait no longer to acknowledge those sacrifices and to 
try, in some small way, to compensate for the cancers they have 
suffered as a result of their service to their country.
  United States citizens have served their country working in 
facilities producing and testing nuclear weapons and engaging in other 
atomic energy defense activities that served as a deterrent during the 
Cold War. Many of these workers were exposed to cancer-causing levels 
of radiation and placed in harm's way by the Department of Energy and 
contractors, subcontractors, and vendors of the Department without the 
knowledge and consent of the workers, without adequate radiation 
monitoring, and without necessary protections from internal or external 
occupational radiation exposures.
  Six years ago, I worked with President Clinton to pass The Energy 
Employees Occupational Illness Compensation Program Act of 2000 (42 
U.S.C. 7384 et seq.) (EEOICPA) to ensure fairness and equity for the 
men and women who performed duties uniquely related to the nuclear 
weapons production and testing programs by establishing a program that 
would provide timely, uniform, and adequate compensation for 22 
specified radiation-related cancers.
  Research by the Department of Energy, the National Institute for 
Occupational Safety and Health (NIOSH), NIOSH's contractors, the 
President's Advisory Board on Radiation and Worker Health, and 
congressional committees indicates that workers were not adequately 
monitored for internal or external exposures to ionizing radiation to 
which the workers were exposed and records were not maintained, are not 
reliable, are incomplete, or fail to indicate the radioactive isotopes 
to which workers were exposed.
  Because of the inequities posed by the factors described above and 
the resulting harm to the workers, EEOICPA has an expedited process for 
groups of workers whose radiation dose cannot be estimated with 
sufficient accuracy or whose dose cannot be estimated in a timely 
manner. These workers are placed into a Special Exposure Cohort (SEC). 
Workers in an SEC do not have to go through the dose reconstruction 
process, which can take years and be extremely difficult as these 
workers are often unable to produce information because it was or is 
classified.
  Congress has already legislatively designated classes of atomic 
energy veterans at the Paducah, Kentucky, Portsmouth, Ohio, Oak Ridge 
K-25, Tennessee, and the Amchitka Island, Alaska, sites as members of 
the Special Exposure Cohort under EEOICPA. Amchitka Island was 
designated because three underground nuclear tests were conducted on 
the Island.
  Nevada Test Site workers deserve the same designation.
  I and many other Nevadans remember watching explosions at the Nevada 
Test Site. We were struck with awe and wonder at the power and strength 
of these explosions. Little did we know that there was another side to 
those atomic tests--the exposure of men and women working at the site 
to cancer-causing substances. Now, hundreds, perhaps thousands, of 
these Cold War veterans face deadly cancers. Many have already passed 
away.
  The contribution of the State of Nevada to the security of the United 
States throughout the Cold War and since has been unparalleled. In 
1950, President Harry S Truman designated what would later be called 
the Nevada Test Site as the Nation's nuclear proving grounds and, a 
month later, the first atmospheric test at the Nevada Test Site was 
detonated. The United States conducted 100 aboveground and 828 
underground nuclear tests at the Nevada Test Site from 1951-1992. Out 
of the 1054 nuclear tests conducted in the United States, 928, or 88 
percent, were conducted at the Nevada Test Site.
  Unfortunately, Nevada Test Site workers, despite having worked with 
significant amounts of radioactive materials and having known exposures 
leading to serious health effects, have been denied compensation under 
EEOICPA as a result of flawed calculations based on records that are 
incomplete or in error as well as the use of faulty assumptions and 
incorrect models.
  It has become evident that it is not feasible to estimate with 
sufficient accuracy the radiation dose received by employees at the 
Department of Energy facility in Nevada known as Nevada Test Site at 
all in some cases and in other in a timely manner. There are many 
reasons for this, including inadequate monitoring, incomplete 
radionuclide lists, and DOE's ignoring nearly a dozen tests conducted 
at the site that vented. Because of these problems, Nevada Test Site 
workers have been denied compensation under the Act, some of which have 
waited for decades for their government to acknowledge the sacrifices 
they made for their country and compensate them.
  Unfortunately, 6 years since the passage of EEOICPA and in some cases 
decades after their service to their country, very few of those Nevada 
Test Site Cold War veterans who have cancer have received compensation. 
In fact, Nevada Test Site workers are receiving compensation at a rate 
lower than the national average and many who have waited decades are 
being told that they have to wait longer. And many have already died 
while waiting for their compensation.
  Last November, I sent a letter to President Bush asking him to 
initiate this process himself. He still has not responded. However, his 
Administration is trying to re-write the law via regulation and cut 
funding to this program in order to delay compensation further and halt 
it for some workers altogether.
  This is unacceptable. That is why I am committed to ensuring that 
Nevada Test Site workers through 1993 are designated as a ``Special 
Exposure Cohort.'' This will streamline and speed up the recovery 
process for those workers.
  The Nevada Test Site Veteran's Compensation Act of 2006 would ensure 
employees and survivors of employees who worked at the Nevada Test Site 
through 1993 that they receive compensation. They helped this country 
win the cold war, sacrificing their personal health in the process and 
after decades of waiting and suffering, it is time the government 
honored these sacrifices
  This bill would include within the Special Exposure Cohort, Nevada 
Test Site workers employed at the site from 1950-1993 who were: (1) 
Present during an atmospheric or underground nuclear test or performed 
drillbacks, re-entry, or clean up work following such test; (2) present 
at an episodic event involving radiation releases; or (3) employed at 
Nevada Test Site for at least 250 work days and in a job activity that 
was monitored for exposure to ionizing radiation or worked in a job 
activity that is or was comparable to a job that is, was or should have 
been monitored for exposure to ionizing radiation.
  The Nevada Test Site has served, and continues to serve, as the 
premier research, testing, and development site for our nuclear defense 
capabilities. The Nevada Test Site and its workers have been, and are, 
an essential and irreplaceable part of our Nation's defense 
capabilities. This bill would honor the service of our Atomic Energy 
veterans and provide them with the compensation they deserve.
  I ask unanimous consent that the full text of the bill be printed in 
the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2439

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Nevada Test Site Veterans' 
     Compensation Act of 2006''.

     SEC. 2. FINDINGS.

       (a) Congress makes the following findings:
       (1) Employees working on Cold War-era nuclear weapons 
     programs were employed in facilities owned by the Federal 
     Government and the private sector producing and testing 
     nuclear weapons and engaging in related atomic energy defense 
     activities for the national defense beginning in the 1940s.
       (2) These Cold War atomic energy veterans helped to build 
     and test the nuclear arsenal that served as a deterrent 
     during the Cold War, sacrificing their personal health and 
     well-being in service of their country.
       (3) During the Cold War, many of these workers were exposed 
     to radiation and

[[Page 3936]]

     placed in harm's way by the Department of Energy and 
     contractors, subcontractors, and vendors of the Department 
     without their knowledge and consent, without adequate 
     radiation monitoring, and without necessary protections from 
     internal or external occupational radiation exposure.
       (4) The Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384 et seq.) (in this section 
     referred to as ``EEOICPA'') was enacted to ensure fairness 
     and equity for the men and women who, during the past 60 
     years, performed duties uniquely related to the nuclear 
     weapons production and testing programs of the Department of 
     Energy, its predecessor agencies, and contractors by 
     establishing a program that would provide timely, uniform, 
     and adequate compensation for beryllium- and radiation-
     related health conditions.
       (5) Research by the Department of Energy, the National 
     Institute for Occupational Safety and Health (NIOSH), NIOSH 
     contractors, the President's Advisory Board on Radiation and 
     Worker Health, and congressional committees indicates that at 
     certain nuclear weapons facilities--
       (A) workers were not adequately monitored for internal or 
     external exposure to ionizing radiation; and
       (B) records were not maintained, are not reliable, are 
     incomplete, or fail to indicate the radioactive isotopes to 
     which workers were exposed.
       (6) Due to the inequities posed by the factors described 
     above and the resulting harm to the workers, Congress 
     designated classes of atomic weapons employees at the 
     Paducah, Kentucky, Portsmouth, Ohio, Oak Ridge K-25, 
     Tennessee, and the Amchitka Island, Alaska, sites as members 
     of the Special Exposure Cohort under EEOICPA.
       (7) The contribution of the State of Nevada to the security 
     of the United States throughout the Cold War and since has 
     been unparalleled.
       (8) In 1950, President Harry S. Truman designated what 
     would later be called the Nevada Test Site as the country's 
     nuclear proving grounds and, a month later, the first 
     atmospheric test at the Nevada Test Site was detonated.
       (9) The United States conducted 100 above-ground and 828 
     underground nuclear tests at the Nevada Test Site from 1951 
     to 1992.
       (10) Out of the 1,054 nuclear tests conducted in the United 
     States, 928, or 88 percent, were conducted at the Nevada Test 
     Site.
       (11) The Nevada Test Site has served, and continues to 
     serve, as the premier research, testing, and development site 
     for our nuclear defense capabilities.
       (12) The Nevada Test Site and its workers are an essential 
     and irreplaceable part of our nation's defense capabilities.
       (13) It has become evident that it is not feasible to 
     estimate with sufficient accuracy in a timely manner the 
     radiation dose received by employees at the Department of 
     Energy facility at the Nevada Test Site for many reasons, 
     including the following:
       (A) The NIOSH Technical Basis Document, the threshold 
     document for radiation dose reconstruction under EEOICPA, has 
     incomplete radionuclide lists.
       (B) NIOSH has not demonstrated that it can estimate dose 
     from exposure to large, nonrespirable hot particles.
       (C) There are significant gaps in environmental measurement 
     and exposure data.
       (D) Resuspension doses are seriously underestimated.
       (E) NIOSH has not been able to estimate accurately 
     exposures to bomb assembly workers and radon levels.
       (F) NIOSH has not demonstrated that it can accurately 
     sample tritiated water vapor.
       (G) External dose records lack integrity.
       (H) There are no beta dose data until 1966.
       (I) There are no neutron dose data until 1966 and only 
     partial data after such date.
       (J) There are no internal dose data until late 1955 or 
     1956, and limited data until well into the 1960s.
       (K) NIOSH has ignored exposure from more than a dozen 
     underground tests that vented, including Bianca, Des Moines, 
     Baneberry, Camphor, Diagonal Line, Riola, Agrini, Midas Myth, 
     Misty Rain, and Mighty Oak.
       (L) Instead of monitoring individuals, groups were 
     monitored, resulting in unreliable personnel monitoring.
       (14) Amchitka Island, where only 3 underground nuclear 
     tests were conducted, has been designated a Special Exposure 
     Cohort under EEOICPA.
       (15) Some Nevada Test Site workers, despite having worked 
     with significant amounts of radioactive materials and having 
     known exposures leading to serious health effects, have been 
     denied compensation under EEOICPA as a result of flawed 
     calculations based on records that are incomplete, in error, 
     or based on faulty assumptions and incorrect models.

     SEC. 3. INCLUSION OF CERTAIN NUCLEAR WEAPONS PROGRAM WORKERS 
                   IN SPECIAL EXPOSURE COHORT UNDER ENERGY 
                   EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                   PROGRAM.

       (a) In General.--Section 3621(14) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384l(14)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) The employee was so employed at the Nevada Test Site 
     or other similar sites located in Nevada during the period 
     beginning on January 1, 1950, and ending on December 31, 
     1993, and, during such employment--
       ``(i) was present during an atmospheric or underground 
     nuclear test or performed drillbacks, re-entry, or clean-up 
     work following such a test (without regard to the duration of 
     employment);
       ``(ii) was present during an episodic event involving 
     radiation releases (without regard to the duration of 
     employment); or
       ``(iii) was employed at the Nevada Test Site for a number 
     of work days aggregating at least 250 work days and was 
     employed in a job activity that--

       ``(I) was monitored through the use of dosimetry badges or 
     bioassays for exposure to ionizing radiation; or
       ``(II) worked in a job activity that is or was, comparable 
     to a job that is, was, or should have been monitored for 
     exposure to ionizing radiation through the use of dosimetry 
     badges or bioassay.''.

       (b) Deadline for Claims Adjudication.--Claims for 
     compensation under section 3621(14)(C) of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000, as added by subsection (a), shall be adjudicated and a 
     final decision issued--
       (1) in the case of claims pending as of the date of the 
     enactment of this Act, not later than 30 days after such 
     date; and
       (2) in the case of claims filed after the date of the 
     enactment of this Act, not later than 30 days after the date 
     of such filing.
                                 ______
                                 
      By Ms. CANTWELL (for herself, Mr. Lautenberg, Mr. Kerry, and Mr. 
        Wyden):
  S 2440. A bill to provide the Coast Guard and NOAA with additional 
authorities under the Oil Pollution Act of 1990, to strengthen the Oil 
Pollution Act of 1990, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Ms. CANTWELL. Mr. President, I rise today to introduce the Oil 
Pollution Prevention and Response Act of 2006 with my colleagues 
Senators Lautenberg, Kerry, and Wyden. The Oil Pollution Act of 1990 
(OPA 90) was passed shortly after the Exxon Valdez ran aground in 1989, 
spilling 11 million gallons of crude oil in Alaska's pristine Prince 
William Sound--the largest spill in US. history. OPA 90 revolutionized 
oil spill risk management and we have OPA 90 to thank for improving oil 
spill prevention, preparedness, and response.
  However, in a report and testimony recently provided to Congress, the 
U.S. Coast Guard identified serious shortcomings in our oil spill 
management system. First, in a report transmitted to Congress on May 
12, 2005, the Coast Guard noted that the Oil Spill Liability Trust Fund 
was in danger of being depleted. And they noted that every state or 
U.S. territory has received money from the Fund for oil spills. Without 
the Fund, states would have to provide funds for these emergency 
events.
  Through legislation that I cosponsored last year with Senator Stevens 
and Senator Inouye, which became law as part of the Energy Policy Act, 
we solved part of this problem by reinstating OPA 90's per-barrel fee 
on oil, in order to replenish the Fund, and raising the total level of 
principal from $1 billion to $2.7 billion. However, the Coast Guard 
also noted that the costs of oil spills increasingly exceed the 
liability limits for responsible parties that were set back in 1990. 
Under OPA 90, responsible parties can be reimbursed for costs above 
their liability limit from the Fund--and this practice continues to 
deplete the Fund. This issue also was highlighted at a field hearing of 
the Senate Commerce Committee's Subcommittee on Fisheries and Coast 
Guard that I chaired last August in Seattle, where the Coast Guard 
testified that the current limits are too low. The bill I introduce 
today will increase these caps so that we return to the ``polluter 
pays'' principle enshrined in OPA 90.
  The devastating hurricane Katrina also led to an historic number of 
oil spills. The Coast Guard has estimated that such spills could amount 
to close to $1 billion. If these claims are made against the Fund, the 
Fund will be quickly wiped out. That's why the Oil Pollution Prevention 
and Response Act of 2006 would ensure that such claims

[[Page 3937]]

would be covered through the Stafford Act process and supplemental 
funding, and not through the regular claims process of OPA 90. Finally, 
this bill would require improved accountability of how monies from the 
Fund are expended by Federal agencies.
  The Coast Guard also testified in our hearing that we must remain 
vigilant in our efforts to prevent oil spills. According to Coast Guard 
data, although the number of oil spills from vessels has decreased 
enormously since passage of OPA 90, the volume of oil spilled 
nationwide is still significant. In fact, vessels spilled 665,432 
gallons of oil in 1992, while in 2004, the total was higher, at 722,768 
gallons. Significant numbers of spills are still occurring. In 2004, 
there were 36 spills from tank ships, 141 spills from barges, and 1,562 
spills from other vessels, including cargo ships. And even though the 
number of spills from tankers declined from 193 spills in 1992 to 36 
spills in 2004, a single incident from a vessel like the Exxon Valdez 
can be devastating, as the recent Athos I incident in the Delaware 
River and Bay demonstrates.
  The bill I introduce today addresses a number of key areas to improve 
prevention and response. Because human error is the leading cause of 
accidental oil spills, the Coast Guard would be required to identify 
and pass regulations to address the most frequent sources of human 
error that have led to oil spills from vessels and ``near-misses.'' It 
would require the Coast Guard to ensure the safety of single hull 
tankers and other high-risk vessels by increasing inspections of such 
vessels. The Oil Pollution Prevention and Response Act of 2006 also 
would require the Coast Guard to address and reduce the increased risk 
of oil spills from oil transfers. It would also make companies who 
knowingly hire substandard single-hull tank vessels after 2010 
``responsible parties'' in order to provide a disincentive for such 
contracts.
  Of particular importance to my state, the bill would provide a 
mechanism for year-round funding of the Neah Bay rescue tug, a central 
element of the oil spill prevention safety net for Washington state's 
outer coast. It would also increase oil spill preparedness in the 
Strait of Juan de Fuca by changing the definition of ``High Volume 
Port'' for Puget Sound to make the westerly boundary begin at the entry 
to the Strait. This change would require oil spill response equipment 
to be stationed along the entire Strait and not just east of the 
current line at Port Angeles. In addition, the Oil Pollution Prevention 
and Response Act of 2006 would require improved coordination with 
federally-recognized tribes on oil spill prevention, preparedness, and 
response. Finally, the bill would codify into federal law the 
establishment of the Oil Spill Advisory Council, which was created by 
the Washington State Legislature and Governor Gregoire in the wake of 
the October 2004 Daleo Passage Oil Spill. My bill would provide $1 
million annually to support the Council's important work.
  The slow response to the oil spill in Dalco Passage in the Puget 
Sound was largely attributed to difficulties with detecting the oil 
that was spilled. The Oil Pollution Prevention and Response Act of 2006 
would reinvigorate a federal research program on oil spill prevention, 
detection, and response, and would establish a grant program for the 
development of cost-effective technologies for detecting discharges of 
oil from vessels, including infrared, pressure sensors, and remote 
sensing. It would also require the Secretary of Homeland Security, in 
conjunction with other federal agencies, to conduct an analysis of the 
condition and safety of all aspects of oil transportation in the United 
States, and provide recommendations to improve such safety. This was a 
specific recommendation of the U.S. Commission on Ocean Policy.
  The Department of Justice has also noted that a major category of oil 
spills are intentional discharges of oil from vessels. The United 
States cannot address this problem alone. Thus, the bill would require 
the Coast Guard to pursue stronger enforcement measures for oil 
discharges in the International Maritime Organization and other 
appropriate international organizations.
  Oil spill prevention and response is timely for Congress' 
consideration because waterborne transportation of oil in the United 
States continues to increase, significant volumes of oil continue to be 
released, and the potential for a major spill remains unacceptably 
high. Recent spills involving significant quantities of oil have 
occurred off the coasts of Alaska, Maine, Massachusetts, Oregon, 
Virginia, and Washington, and involved barges, tankers, and non-tank 
vessels.
  One thing we've learned from these spills is that it is more cost-
effective to prevent oil spills than it is to clean-up oil once it is 
released into the environment. We've also learned that although double 
hulls and redundant steering do increase tanker safety, these 
technologies are not a panacea and we need to do more to ensure against 
oil spills.
  The Federal Government has a responsibility to protect the Nation's 
natural resources, public health, and environment by improving Federal 
measures to prevent and respond to oil spills. I urge my colleagues to 
consider this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2440

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oil Pollution Prevention and 
     Response Act of 2006''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.

                   Title I--Prevention of Oil Spills

                   Subtitle A--Coast Guard Provisions

Sec. 101. Rulemakings. 
Sec. 102. Safety standards for towing vessels.
Sec. 103. Inspections by Coast Guard.
Sec. 104. Oil transfers from vessels. 
Sec. 105. Improvements to reduce human error. 
Sec. 106. Navigational measures for protection of natural resources.
Sec. 107. Existing areas to be avoided.
Sec. 108. Higher volume port area regulatory definition change.
Sec. 109. Recreational boater outreach program.
Sec. 110. Improved coordination with tribal governments. 
Sec. 111. Oil spill advisory council. 

 Subtitle B--National Oceanic and Atmospheric Administration Provisions

Sec. 151. Hydrographic surveys.
Sec. 152. Electronic navigational charts.

                           Title II--Response

Sec. 201. Rapid response system.
Sec. 202. Coast Guard oil spill database.
Sec. 203. Reports on certain Oil Spill Liability Trust Fund 
              expenditures.
Sec. 204. Use of funds.
Sec. 205. Limits on liability. 
Sec. 206. Liability for use of unsafe single-hull vessels.
Sec. 207. Rescue tugs.
Sec. 208. International efforts on enforcement. 
Sec. 209. Investment of amounts in damage assessment and restoration 
              revolving fund.

             Title III--Research and Miscellaneous Reports

Sec. 301. Federal Oil Spill Research Committee.
Sec. 302. Grant project for development of cost-effective detection 
              technologies.
Sec. 303. Status of implementation of recommendations by the National 
              Research Council.
Sec. 304. GAO report.
Sec. 305. Oil transportation infrastructure analysis.

     SEC. 3. FINDINGS.

       The Congress finds the following:
       (1) Oil released into the Nation's marine waters can cause 
     substantial, and in some cases irreparable, harm to the 
     marine environment.
       (2) The economic impact of oil spills is substantial. 
     Billions of dollars have been spent in the United States for 
     cleanup of, and damages due to, oil spills.
       (3) The Oil Pollution Act of 1990, enacted in response to 
     the worst vessel oil spill in United States history, 
     substantially reduced the amount of oil spills from vessels. 
     However, significant volumes of oil continue to be released, 
     and the potential for a major spill remains unacceptably 
     high.

[[Page 3938]]

       (4) Although the total number of oil spills from vessels 
     has decreased since passage of the Oil Pollution Act of 1990, 
     more oil was spilled in 2004 from vessels nationwide than was 
     spilled from vessels in 1992.
       (5) Waterborne transportation of oil in the United States 
     continues to increase.
       (6) Although the number of oil spills from tankers declined 
     from 193 in 1992 to 36 in 2004, spills from oil tankers tend 
     to be large with devastating impacts.
       (7) While the number of oil spills from tank barges has 
     declined since 1992 (322 spills to 141 spills in 2004), the 
     volume of oil spilled from tank barges has remained constant 
     at approximately 200,000 gallons spilled each year.
       (8) Oil spills from non-tank vessels averaged between 
     125,000 gallons and 400,000 gallons per year from 1992 
     through 2004 and accounted for over half of the total number 
     of spills from all sources, including vessels and non-vessel 
     sources.
       (9) Recent spills involving significant quantities of oil 
     have occurred off the coasts of Alaska, Maine, Massachusetts, 
     Oregon, Virginia, and Washington, and involved barges, tank 
     vessels, and non-tank vessels.
       (10) The existing statutory caps that limit liability for 
     responsible parties were set in 1990 and have not been 
     modified since. These liability levels no longer reflect the 
     costs of oil spills, particularly for barges and large non-
     tank vessels. For example, the liability limit for the ATHOS 
     I oil spill was $45,400,000, but costs could exceed 
     $267,000,000. Similarly, the liability limit for the 
     SELENDANG AYU spill was $23,800,000 while the actual costs 
     will likely exceed $100,000,000.
       (11) It is more cost-effective to prevent oil spills than 
     it is to clean-up oil once it is released into the 
     environment.
       (12) Of the 20 major vessel oil spill incidents since 1990 
     where liability limits have been exceeded, 10 involved tank 
     barges, 8 involved non-tank vessels, 2 involved tankers, and 
     only 1 involved a vessel that was double-hulled.
       (13) Although recent technological improvements in oil 
     tanker design, such as double hulls and redundant steering, 
     increase tanker safety, these technologies are not a panacea 
     and cannot ensure against oil spills, the leading cause of 
     which is human error.
       (14) The Federal government has a responsibility to protect 
     the nation's natural resources, public health, and 
     environment by improving Federal measures to prevent and 
     respond to oil spills.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Area to be avoided.--The term ``area to be avoided'' 
     means a routing measure established by the International 
     Maritime Organization as an area to be avoided.
       (2) Non-tank vessel.--The term ``non-tank vessel'' means a 
     self-propelled vessel other than a tank vessel.
       (3) Oil.--The term ``oil'' has the meaning given that term 
     by section 1001(23) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2701(23)).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating 
     except where otherwise explicitly stated.
       (5) Tank vessel.--The term ``tank vessel'' has the meaning 
     given that term by section 1001(34) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2701(34)).
       (6) Waters subject to the jurisdiction of the United 
     States.--The term ``waters subject to the jurisdiction of the 
     United States'' means navigable waters (as defined in section 
     1001(21) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2701(21)) as well as--
       (A) the territorial sea of the United States as defined in 
     Presidential Proclamation Number 5928 of December 27, 1988; 
     and
       (B) the Exclusive Economic Zone of the United States 
     established by Presidential Proclamation Number 5030 of March 
     10, 1983.

                   TITLE I--PREVENTION OF OIL SPILLS

                   Subtitle A--Coast Guard Provisions

     SEC. 101. RULEMAKINGS.

       (a) Status Report.--
       (1) In general.--Within 90 days after the date of enactment 
     of this Act, the Secretary shall provide a report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure on the status of all Coast Guard rulemakings 
     required (but for which no final rule has been issued as of 
     the date of enactment of this Act)--
       (A) under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
     seq.); and
       (B) for--
       (i) automatic identification systems required under section 
     70114 of title 46, United States Code; and
       (ii) inspection requirements for towing vessels required 
     under section 3306(j) of that title.
       (2) Information required.--The Secretary shall include in 
     the report required by paragraph (1)--
       (A) a detailed explanation with respect to each such 
     rulemaking as to--
       (i) what steps have been completed;
       (ii) what areas remain to be addressed; and
       (iii) the cause of any delays; and
       (B) the date by which a final rule may reasonably be 
     expected to be issued.
       (b) Final Rules.--The Secretary shall issue a final rule in 
     each pending rulemaking under the Oil Pollution Act of 1990 
     (33 U.S.C. 2701 et seq.) as soon as practicable, but in no 
     event later than 18 months after the date of enactment of 
     this Act.

     SEC. 102. SAFETY STANDARDS FOR TOWING VESSELS.

       In promulgating regulations for towing vessels under 
     chapter 33 of title 46, United States Code, the Secretary 
     shall--
       (1) give priority to completing such regulations for towing 
     operations involving tank vessels;
       (2) ensure that such regulations appropriately address the 
     risks from such operations, taking into account such factors 
     as vessel age and hull configuration; and
       (3) consider the possible application of standards that, as 
     of the date of enactment of this Act, apply to self-propelled 
     tank vessels, and any modifications that may be necessary for 
     application to towing vessels due to ship design, safety, and 
     other relevant factors.

     SEC. 103. INSPECTIONS BY COAST GUARD.

       (a) In General.--The Secretary shall ensure that the 
     inspection schedule for all United States and foreign-flag 
     tank vessels that enter a United States port or place 
     increases the frequency and comprehensiveness of Coast Guard 
     safety inspections based on such factors as vessel age, hull 
     configuration, past violations of any applicable discharge 
     and safety regulations under United States and international 
     law, indications that the class societies inspecting such 
     vessels may be substandard, and other factors relevant to the 
     potential risk of an oil spill.
       (b) Enhanced Verification of Structural Condition.--The 
     Coast Guard shall adopt, as part of its inspection 
     requirements for tank vessels, additional procedures for 
     enhancing the verification of the reported structural 
     condition of such vessels, taking into account the Condition 
     Assessment Scheme adopted by the International Maritime 
     Organization by Resolution 94(46) on April 27, 2001.

     SEC. 104. OIL TRANSFERS FROM VESSELS.

       (a) Regulations.--Within 1 year after the date of enactment 
     of this Act, the Secretary shall promulgate regulations to 
     reduce the risks of oil spills in operations involving the 
     transfer of oil from or to a tank vessel. The regulations--
       (1) shall focus on operations that have the highest risks 
     of discharge, including operations at night and in inclement 
     weather; and
       (2) shall include--
       (A) requirements for use of equipment such as putting booms 
     in place for transfers;
       (B) operational procedures such as manning standards, 
     communications protocols, and restrictions on operations in 
     high-risk areas; or
       (C) both such requirements and operational procedures.
       (b) Application with State Laws.--The regulations 
     promulgated under subsection (a) do not preclude the 
     enforcement of any State law or regulation the requirements 
     of which are at least as stringent as requirements under the 
     regulations (as determined by the Secretary) that--
       (1) applies in State waters; and
       (2) does not conflict with, or interfere with the 
     enforcement of, requirements and operational procedures under 
     the regulations.

     SEC. 105. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR-MISS 
                   INCIDENTS.

       (a) Report.--Within 1 year after the date of enactment of 
     this Act, the Secretary shall transmit a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Energy and Commerce 
     that--
       (1) identifies the types of human errors that, combined, 
     account for over 50 percent of all oil spills involving 
     vessels that have been caused by human error in the past 10 
     years;
       (2) identifies the most frequent types of near-miss oil 
     spill incidents involving vessels such as collisions, 
     groundings, and loss of propulsion in the past 10 years; and
       (3) includes recommendations by the Secretary to address 
     the identified types of errors and incidents.
       (b) Regulations.--Based on the findings contained in the 
     report required by subsection (a), the Secretary shall 
     promulgate regulations designed to reduce the risks of oil 
     spills from human errors.
       (c) International Measures.--Based on the findings 
     contained in the report required by subsection (a), the 
     Secretary shall take appropriate action at the International 
     Maritime Organization to reduce the risk of oil spills from 
     human error internationally.

     SEC. 106. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL 
                   RESOURCES.

       (a) Designation of At-risk Areas.--The Secretary and the 
     Undersecretary of Commerce for Oceans and Atmosphere shall 
     jointly identify areas where routing or other navigational 
     measures are warranted in waters subject to the jurisdiction 
     of the United States to reduce the risk of oil spills and 
     potential damage to natural resources. In identifying those 
     areas, the Secretary and the Undersecretary shall give 
     priority consideration to natural resources of particular 
     ecological importance or economic importance, including 
     commercial fisheries, aquaculture

[[Page 3939]]

      facilities, marine sanctuaries designated by the Secretary 
     of Commerce pursuant to the National Marine Sanctuaries Act 
     (16 U.S.C. 1431 et seq.), estuaries of national significance 
     designated under section 319 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1330), critical habitats (as defined 
     in section 3(5) of the Endangered Species Act of 1973 (16 
     U.S.C. 1532(5)), estuarine research reserves within the 
     National Estuarine Research Reserve System established by 
     section 315 of the Coastal Zone Management Act of 1972, and 
     national parks and national seashores administered by the 
     National Park Service under the National Park Service Organic 
     Act (16 U.S.C. 1 et seq.).
       (b) Factors Considered.--In determining whether 
     navigational measures are warranted, the Secretary and the 
     Undersecretary shall consider, at a minimum--
       (1) the frequency of transits of vessels required to 
     prepare a response plan under section 311(j) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1321(j));
       (2) the type and quantity of oil transported as cargo or 
     fuel;
       (3) the expected benefits of routing measures in reducing 
     risks of spills;
       (4) the costs of such measures;
       (5) the safety implications of such measures; and
       (6) the nature and value of the resources to be protected 
     by such measures.
       (c) Establishment of Routing and Other Navigational 
     Measures.--The Secretary shall establish such routing or 
     other navigational measures for areas identified under 
     subsection (a).
       (d) Establishment of Avoidance Areas.--To the extent that 
     the Secretary and the Undersecretary conclude that the 
     establishment of areas to be avoided is warranted under this 
     section, they shall seek to establish such areas through the 
     International Maritime Organization or establish comparable 
     areas pursuant to regulations and in a manner that is 
     consistent with international law.
       (e) Oil Shipment Data and Report.--
       (1) Data collection.--The Secretary, through the Commandant 
     of the Coast Guard and in consultation with the Army Corps of 
     Engineers, shall collect and analyze data on oil transported 
     as cargo on vessels in the navigable waters of the United 
     States, including information on--
       (A) the quantity and type of oil being transported;
       (B) the vessels used for such transportation;
       (C) the frequency with which each type of oil is being 
     transported; and
       (D) the point of origin, transit route, and destination of 
     each such shipment of oil.
       (2) Report.--The Secretary shall transmit a report, not 
     less frequently than quarterly, to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce, on the data 
     collected and analyzed under paragraph (1) in a format that 
     does not disclose information exempted from disclosure under 
     section 552b(e) of title 5, United States Code.

     SEC. 107. EXISTING AREAS TO BE AVOIDED.

       (a) Enforcement of Existing Areas to be Avoided 
     Provisions.--The Secretary and the Under Secretary of 
     Commerce for Oceans and Atmosphere shall cooperate in 
     tracking compliance by vessels with the conditions and 
     requirements of areas to be avoided established in United 
     States waters, and shall enforce compliance with those 
     conditions and requirements. A violation of those conditions 
     and requirements is subject to a civil penalty of not more 
     than $100,000, and each day of a continuing violation 
     constitutes a separate violation.
       (b) Olympic Coast Natural Marine Sanctuary Area to be 
     avoided.--The Secretary and the Undersecretary of Commerce 
     for Oceans and Atmosphere shall--
       (1) revise the area to be avoided off the coast of the 
     State of Washington so that restrictions apply to all vessels 
     required to prepare a response plan under section 311(j) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) 
     (other than fishing vessels while engaged in fishing within 
     the area to be avoided); and
       (2) revise the area to be avoided to make the conditions 
     and requirements for that area to be avoided mandatory, 
     consistent with international law.
       (c) Emergency Drill.--Beginning with 1 year after the date 
     of enactment of this Act, the Secretary shall conduct, 
     jointly with other Federal agencies and State, local, and 
     tribal governmental entities, regular, unannounced emergency 
     drills for responding to an oil spill in the Olympic Coast 
     National Marine Sanctuary.
       (d) RACON Beacons.--The Secretary shall place 1 or more 
     radar beacons in or near the area to be avoided described in 
     subsection (b) in sites that maximize warnings to vessels of 
     the boundaries of that area.

     SEC. 108. HIGHER VOLUME PORT REGULATORY DEFINITION CHANGE.

       Within 30 days after the date of enactment of this Act, 
     notwithstanding subchapter 5 of title 5, United States Code, 
     the Commandant of the Coast Guard shall modify the definition 
     of the term ``higher volume port area'' contained in section 
     155.1020 of the Coast Guard regulations (33 C.F.R. 155.1020) 
     by striking ``Port Angeles, WA'' in paragraph (13) of that 
     section and inserting ``Cape Flattery, WA'' without 
     initiating a rulemaking proceeding.

     SEC. 109. RECREATIONAL BOATER OUTREACH PROGRAM.

       The Secretary shall establish an outreach program for 
     recreational boaters and commercial and recreational 
     fishermen to inform them about ways in which they can assist 
     in reducing the risk of an oil spill or release. The program 
     shall focus initially on regions in the country where, in the 
     past 10 years, the incidence of such spills has been the 
     highest.

     SEC. 110. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

       (a) In General.--The Secretary shall take such action as 
     may be necessary to improve the Coast Guard's consultation 
     and coordination with the tribal governments of Federally 
     recognized Indian tribes with respect to oil spill 
     prevention, preparedness, and response.
       (b) Inclusion of Tribal Government.--The Secretary shall 
     ensure that, as soon as practicable after identifying an oil 
     spill that is likely to have an impact on natural resources 
     owned or utilized by a Federally recognized Indian tribe, the 
     Coast Guard will--
       (1) ensure that representatives of the tribal government of 
     the affected tribes are included as part of the incident 
     response team established by the Coast Guard to respond to 
     the spill;
       (2) share nonconfidential information about the oil spill 
     with the tribal government of the affected tribe; and
       (3) to the extent practicable, involve tribal governments 
     in deciding how to respond to such spill.
       (c) Cooperative Arrangements.--The Coast Guard may enter 
     into memoranda of understanding or similar arrangements with 
     tribal governments in order to establish cooperative 
     arrangements for oil pollution prevention, preparedness, and 
     response. Such memoranda may include training for 
     preparedness and response and provisions on coordination in 
     the event of a spill.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $500,000 for each of 
     fiscal years 2007 through 2011 to be used to execute and 
     implement memoranda of understanding under this section.

     SEC. 111. OIL SPILL ADVISORY COUNCIL.

       Section 5002(k) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2732(k)) is amended by adding at the end the following:
       ``(4) Washington state program.--
       ``(A) In general.--For purposes of this paragraph, the oil 
     spill advisory council established by section 90.56.120 of 
     title 90 of the Revised Code of Washington is deemed to be an 
     advisory council established under this section. The 
     provisions of this section, other than this paragraph, do not 
     apply to that oil spill advisory council.
       ``(B) Funding.--The owners or operators of terminal 
     facilities or crude oil tankers operating in Washington State 
     waters shall provide, on an annual basis, an aggregate amount 
     of not more than $1,000,000, as determined by the Secretary. 
     Such amount--
       ``(i) shall be made available to the oil spill advisory 
     council established by section 90.56.120 of title 90 of the 
     Revised Code of Washington;
       ``(ii) shall be adjusted annually by the Consumer Price 
     Index; and
       ``(iii) may be adjusted periodically upon the mutual 
     consent of the owners or operators of terminal facilities or 
     crude oil tankers operating in Washington State waters and 
     the Council.''.

 Subtitle B--National Oceanic and Atmospheric Administration Provisions

     SEC. 151. HYDROGRAPHIC SURVEYS.

       (a) Reduction of Backlog.--The Undersecretary of Commerce 
     for Oceans and Atmosphere shall continue survey operations to 
     reduce the survey backlog in navigationally significant 
     waters outlined in its National Survey Plan, concentrating on 
     areas where oil and other hazardous materials are 
     transported.
       (b) New Surveys.--By no later than January 1, 2010, the 
     Undersecretary shall complete new surveys, together with 
     necessary data processing, analysis, and dissemination, for 
     all areas in United States coastal areas determined by the 
     Undersecretary to be critical areas.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Undersecretary for the purpose of 
     carrying out the new surveys required by subsection (b) 
     $68,000,000 for each of fiscal years 2007 through 2011.

     SEC. 152. ELECTRONIC NAVIGATIONAL CHARTS.

       (a) In General.--By no later than September 1, 2007, the 
     Undersecretary of Commerce for Oceans and Atmosphere shall 
     complete the electronic navigation chart suite for all 
     coastal waters of the United States.
       (b) Priorities.--In completing the suite, the 
     Undersecretary shall give priority to producing and 
     maintaining the electronic navigation charts of the entrances 
     to major ports and the coastal transportation routes for oil 
     and hazardous materials, and for estuaries of national 
     significance designated under section 319 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1330).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to

[[Page 3940]]

     the Undersecretary for the purpose of completing the 
     electronic navigation chart suite $6,200,000 for fiscal years 
     2007 and 2008.

                           TITLE II--RESPONSE

     SEC. 201. RAPID RESPONSE SYSTEM.

       The Undersecretary of Commerce for Oceans and Atmosphere 
     shall develop and implement a rapid response system to 
     collect and predict in situ information about oil spill 
     behavior, trajectory and impacts, and a mechanism to provide 
     such information rapidly to Federal, State, tribal, and other 
     entities involved in a response to an oil spill.

     SEC. 202. COAST GUARD OIL SPILL DATABASE.

       The Secretary shall modify the Coast Guard's oil spill 
     database as necessary to ensure that it--
       (1) includes information on the cause of oil spills 
     maintained in the database; and
       (2) is capable of facilitating the analysis of trends and 
     the comparison of accidents involving oil spills.

     SEC. 203. REPORTS ON CERTAIN OIL SPILL LIABILITY TRUST FUND 
                   EXPENDITURES.

       (a) Annual Spending Report.--Title I of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2701 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 1021. ANNUAL EXPENDITURE REPORT.

       ``(a) In General.--No later than March 1 of each year after 
     2006, the Secretary shall provide an annual report on 
     spending for the preceding fiscal year on expenditures from 
     the Oil Spill Liability Trust Fund established by section 
     9509 of the Internal Revenue Code of 1986, whether or not 
     subject to annual appropriations, to the Senate Committee on 
     Commerce, Science, and Transportation, the Senate Committee 
     on Environment and Public Works, and the House of 
     Representatives Committee on Transportation and 
     Infrastructure and to the National Pollution Funds Center, 
     which shall make the report available to the public on its 
     Internet website.
       ``(b) Contents.--The report shall include--
       ``(1) a list of each expenditure of $500,000 or more from 
     the Fund during the fiscal year to which the report relates; 
     and
       ``(2) a description of how each such expenditure related 
     to--
       ``(A) oil pollution liability and compensation;
       ``(B) oil pollution prevention;
       ``(C) oil pollution preparedness;
       ``(D) oil spill removal;
       ``(E) natural resource damage assessment and restoration;
       ``(F) oil pollution research and development; or
       ``(G) other pollution-related activities.
       ``(c) Agency Reports.--Each Federal agency that receives 
     appropriated funds for use from the Fund shall--
       ``(1) maintain records of the purposes for which such funds 
     were obligated or expended in such detail as the Secretary 
     may require for purposes of the report required by subsection 
     (a); and
       ``(2) transmit the information contained in such records to 
     the Secretary at such time, in such form, and in such detail 
     as the Secretary may require for purposes of that report, 
     including a breakdown of expenditures described in subsection 
     (b)(1) and a description of the use of such expenditures in 
     accordance with subsection (b)(2).
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary to carry out this section.''.
       (b) Audit Cooperation.--Section 1012(g) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2712(g)) is amended by 
     striking the last sentence and inserting the following: 
     ``Each Federal agency that receives appropriated funds for 
     use from the Fund shall cooperate with, and provide requested 
     documentation to, the Comptroller General in carrying out 
     this subsection and the Secretary in carrying out section 
     1021.''.
       (c) Use of Fund in National Emergencies.--Notwithstanding 
     any provision of the Oil Pollution Act of 1990 (33 U.S.C. 
     2701 et seq.) to the contrary, no amount may be made 
     available from the Oil Spill Liability Trust Fund established 
     by section 9509 of the Internal Revenue Code of 1986 for 
     claims described in section 1012(a)(4) of that Act (33 U.S.C. 
     2712(a)(4)) attributable to any national emergency or major 
     disaster declared by the President under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (d) Conforming Amendment.--Section 2 of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2701 note) is amended by inserting 
     after the item relating to section 1020 the following:

``Sec. 1021. Annual expenditure report.''.

     SEC. 204. USE OF FUNDS.

       Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)) is amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B) not more than $25,000,000 in each fiscal year shall 
     be available to the Secretary of Commerce for expenses 
     incurred by, and activities related to, response and damage 
     assessment capabilities of the National Oceanic and 
     Atmospheric Administration;''.

     SEC. 205. LIMITS ON LIABILITY.

       (a) Increase of Liability Limits.--Within 6 months after 
     the date of enactment of this Act, the Secretary, acting 
     through the Commandant of the Coast Guard, shall by 
     regulation revise the limits of liability specified in 
     section 1004(a) of that Act (33 U.S.C. 2704(a)) as follows:
       (1) For a tank vessel under paragraph (1)--
       (A) by substituting ``$2,400'' for ``$1,200'' in 
     subparagraph (A);
       (B) by substituting ``$20,000,000'' for ``$10,000,000'' in 
     subparagraph (B)(i); and
       (C) by substituting ``$6,000,000'' for ``$2,000,000'' in 
     subparagraph (B)(ii).
       (2) For other vessels under paragraph (2)--
       (A) by substituting ``$1,800'' for ``$600''; and
       (B) by substituting ``$1,000,000'' for ``$500,000''.
       (3) For offshore facilities other than deepwater ports, by 
     substituting ``$150,000,000'' for ``$75,000,000'' in 
     paragraph (3).
       (b) Inflation Adjustment.--Section 1004(d)(4) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended by 
     striking ``significant''.
       (c) Financial Responsibility.--Section 1016(a) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2716(a)) is amended--
       (1) by striking ``or'' after the semicolon in paragraph 
     (1);
       (2) by inserting ``or'' after the semicolon in paragraph 
     (2); and
       (3) by inserting after paragraph (2) the following:
       ``(3) any tank vessel over 100 gross tons (except a non-
     self-propelled vessel that does not carry oil as cargo) using 
     any place subject to the jurisdiction of the United 
     States;''.

     SEC. 206. LIABILITY FOR USE OF UNSAFE SINGLE-HULL VESSELS.

       Section 1001(32) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2702(d)) is amended by striking subparagraph (A) and 
     inserting the following:
       ``(A) Vessels.--In the case of a vessel--
       ``(i) any person owning, operating, or demise chartering 
     the vessel; and
       ``(ii) the owner of oil being transported in a tank vessel 
     with a single hull after December 31, 2010, if the owner of 
     the oil knew, or should have known, from publicly available 
     information that the vessel had a poor safety or operational 
     record.''.

     SEC. 207. RESCUE TUGS.

       Paragraph (5) of section 311(j) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(j)) is amended by 
     adding at the end the following:
       ``(J) Rescue tugs.--
       ``(i) In general.--The Secretary shall require the 
     stationing of a rescue tug in the entry to the Strait of Juan 
     de Fuca near Neah Bay and other areas designated by the 
     Secretary as areas where the risk of oil spill and the 
     remoteness of the area warrants. In selecting such areas for 
     designation, the Secretary shall consider the frequency of 
     transits by vessels required to prepare a response plan under 
     this paragraph, weather conditions, distance to existing 
     Federally required response equipment and vessels, and other 
     relevant criteria.
       ``(ii) Shared resources.--The Secretary may authorize 
     compliance with the rescue tug stationing requirement of 
     paragraph (1) through joint or shared resources between or 
     among entities to which this subsection applies.
       ``(iii) State requirements.--Nothing in this subparagraph 
     preempts the authority of any State to require the stationing 
     of rescue tugs in any area under State law or regulations.''.

     SEC. 208. INTERNATIONAL EFFORTS ON ENFORCEMENT.

       The Secretary, in consultation with the heads of other 
     appropriate Federal agencies, shall ensure that the Coast 
     Guard pursues stronger enforcement in the International 
     Maritime Organization of agreements related to oil 
     discharges, including joint enforcement operations, training, 
     and stronger compliance mechanisms.

     SEC. 209. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND 
                   RESTORATION REVOLVING FUND.

       The Secretary of the Treasury shall invest such portion of 
     the damage assessment and restoration revolving fund 
     described in title I of the Departments of Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     Act, 1991 (33 U.S.C. 2706 note) as is not, in the Secretary's 
     judgment, required to meet current withdrawals in interest-
     bearing obligations of the United States in accordance with 
     section 9602 of the Internal Revenue Code of 1986.

             TITLE III--RESEARCH AND MISCELLANEOUS REPORTS

     SEC. 301. FEDERAL OIL SPILL RESEARCH COMMITTEE.

       (a) Establishment.--There is established a committee to be 
     known as the Federal Oil Spill Research Committee.
       (b) Membership.--The members of the Committee shall be 
     designated by the Undersecretary of Commerce for oceans and 
     Atmosphere and shall include representatives from the 
     National Oceanic and Atmospheric Administration, the United 
     States Coast Guard, the Environmental Protection Agency, and 
     such other Federal agencies as the President may designate. A 
     representative of the National Oceanic and Atmospheric 
     Administration, designated by the Undersecretary, shall serve 
     as Chairman.
       (c) Duties.--The Committee shall coordinate a comprehensive 
     program of oil pollution research, technology development, 
     and

[[Page 3941]]

     demonstration among the Federal agencies, in cooperation and 
     coordination with industry, universities, research 
     institutions, State governments, tribal governments, and 
     other nations, as appropriate, and shall foster cost-
     effective research mechanisms, including the joint funding of 
     research.
       (d) Reports to Congress.--
       (1) Not later than 180 days after the date of enactment of 
     this Act, the Committee shall submit to Congress a report on 
     the current state of oil spill prevention and response 
     capabilities that--
       (A) identifies current research programs conducted by 
     governments, universities, corporate entities;
       (B) assesses the current status of knowledge on oil 
     pollution prevention, response, and mitigation technologies;
       (C) establishes national research priorities and goals for 
     oil pollution technology development related to prevention, 
     response, mitigation, and environmental effects;
       (D) identifies regional oil pollution research needs and 
     priorities for a coordinated program of research at the 
     regional level developed in consultation with the State and 
     local governments, tribes;
       (E) assesses the current state of spill response equipment, 
     and determines areas in need of improvement including amount, 
     age, quality, effectiveness, or necessary technological 
     improvements;
       (F) assesses the current state of real time data available 
     to mariners, including water level, currents and weather 
     information and predictions, and assesses whether lack of 
     timely information increases the risk of oil spills; and
       (G) includes such recommendations as the Committee deems 
     appropriate.
       (2) Quinquennial updates.--The Committee shall submit a 
     report every fifth year after its first report under 
     paragraph (1) updating the information contained in its 
     previous report under this subsection.
       (e) Advice and Guidance.--The Committee shall accept 
     comments and input from State and local governments, Indian 
     tribes, industry representatives, and other stakeholders.
       (f) National Academy of Science Participation.--The 
     Chairman, through the National Oceanic and Atmospheric 
     Administration, shall contract with the National Academy of 
     Sciences to--
       (1) provide advice and guidance in the preparation and 
     development of the research plan; and
       (2) assess the adequacy of the plan as submitted, and 
     submit a report to Congress on the conclusions of such 
     assessment.
       (g) Research and Development Program.--
       (1) In general.--The Committee shall establish a program 
     for conducting oil pollution research and development. Within 
     180 days after submitting its report to the Congress under 
     subsection (c), the Committee shall submit to Congress a plan 
     for the implementation of the program.
       (2) Program elements.--The program established under 
     paragraph (1) shall provide for research, development, and 
     demonstration of new or improved technologies which are 
     effective in preventing, detecting, or mitigating oil 
     discharges and which protect the environment, and include--
       (A) high priority research areas described in the report;
       (B) environmental effects of acute and chronic oil spills;
       (C) long-term effects of major spills and the long-term 
     cumulative effects of smaller endemic spills;
       (D) new technologies to detect accidental or intentional 
     overboard discharges;
       (E) response capabilities, such as improved booms, oil 
     skimmers, and storage capacity;
       (F) methods to restore and rehabilitate natural resources 
     damaged by oil discharges; and
       (G) research and training, in consultation with the 
     National Response Team, to improve industry's and 
     Government's ability to remove an oil discharge quickly and 
     effectively.
       (h) Grant Program.--
       (1) In general.--The Undersecretary of Commerce for Oceans 
     and Atmosphere shall manage a program of competitive grants 
     to universities or other research institutions, or groups of 
     universities or research institutions, for the purposes of 
     conducting the program established under subsection (g).
       (2) Applications and conditions.--In conducting the 
     program, the Undersecretary--
       (A) shall establish a notification and application 
     procedure;
       (B) may establish such conditions, and require such 
     assurances, as may be appropriate to ensure the efficiency 
     and integrity of the grant program; and
       (C) may make grants under the program on a matching or 
     nonmatching basis.
       (i) Facilitation.--The Committee may develop memoranda of 
     agreement or memoranda of understanding with universities, 
     States, or other entities to facilitate the research program.
       (j) Annual Reports.--The chairman of the Committee shall 
     submit an annual report to Congress on the activities carried 
     out under this section in the preceding fiscal year, and on 
     activities proposed to be carried out under this section in 
     the current fiscal year.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce to carry out 
     this section--
       (1) $200,000 for fiscal year 2007, to remain available 
     until expended, for contracting with the National Academy of 
     Sciences and other expenses associated with developing the 
     report and research program; and
       (2) $2,000,000 for each of fiscal years 2007, 2008, and 
     2009, to remain available until expended, to fund grants 
     under subsection (h).
       (l) Committee Replaces Existing Authority.--The authority 
     provided by this section supersedes the authority provided by 
     section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2761) for the establishment of the Interagency Committee on 
     Oil Pollution Research under subsection (a) of that section, 
     and that Committee shall cease operations and terminate on 
     the date of enactment of this Act.

     SEC. 302. GRANT PROJECT FOR DEVELOPMENT OF COST-EFFECTIVE 
                   DETECTION TECHNOLOGIES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall, by regulation, establish a grant program for the 
     development of cost-effective technologies for detecting 
     discharges of oil from vessels including infrared, pressure 
     sensors, and remote sensing.
       (b) Matching Requirement.--The Federal share of any project 
     funded under subsection (a) may not exceed 50 percent of the 
     total cost of the project.
       (c) Report to Congress.--Not later than 3 years after the 
     date of enactment of this Act the Secretary shall provide a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation, and to the House of Representatives Committee 
     on Transportation and Infrastructure on the results of the 
     program.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $5,000,000 for each of fiscal years 2007, 2008, and 2009, to 
     remain available until expended.

     SEC. 303. STATUS OF IMPLEMENTATION OF RECOMMENDATIONS BY THE 
                   NATIONAL RESEARCH COUNCIL.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Secretary shall provide a report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure on whether the Coast Guard has implemented 
     each of the recommendations directed at the Coast Guard, or 
     at the Coast Guard and other entities, in the following 
     National Research Council reports:
       (1) ``Double-Hull Tanker Legislation, An Assessment of the 
     Oil Pollution Act of 1990'', dated 1998.
       (2) ``Oil in the Sea III, Inputs, Fates and Effects'', 
     dated 2003.
       (b) Content.--The report shall contained a detailed 
     explanation of the actions taken by the Coast Guard pursuant 
     to the National Research Council reports. If the Secretary 
     determines that the Coast Guard has not fully implemented the 
     recommendations, the Secretary shall include a detailed 
     explanation of the reasons any such recommendation has not 
     been fully implemented, together with any recommendations the 
     Secretary deems appropriate for implementing any such non-
     implemented recommendation.

     SEC. 304. GAO REPORT.

       Within 1 year after the date of enactment of this Act, the 
     Comptroller General shall provide a written report with 
     recommendations for reducing the risks and frequency of 
     releases of oil from vessels (both intentional and 
     accidental) to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure that includes the 
     following:
       (1) Continuing oil releases.--A summary of continuing 
     sources of oil pollution from vessels, the major causes of 
     such pollution, the extent to which the Coast Guard or other 
     Federal or State entities regulate such sources and enforce 
     such regulations, possible measures that could reduce such 
     releases of oil.
       (2) Double hulls.--
       (A) A description of the various types of double hulls, 
     including designs, construction, and materials, authorized by 
     the Coast Guard for United States flag vessels, and by 
     foreign flag vessels pursuant to international law, and any 
     changes with respect to what is now authorized compared to 
     the what was authorized in the past.
       (B) A comparison of the potential structural and design 
     safety risks of the various types of double hulls described 
     in subparagraph (A) that have been observed or identified by 
     the Coast Guard, or in public documents readily available to 
     the Coast Guard, including susceptibility to corrosion and 
     other structural concerns, unsafe temperatures within the 
     hulls, the build-up of gases within the hulls, ease of 
     inspection, and any other factors affecting reliability and 
     safety.
       (3) Alternative designs for non-tank vessels.--A 
     description of the various types of alternative designs for 
     non-tank vessels to reduce risk of an oil spill, known 
     effectiveness in reducing oil spills, and a summary of how 
     extensively such designs are being used in the United States 
     and elsewhere.
       (4) Response equipment.--An assessment of the sufficiency 
     of oil pollution response

[[Page 3942]]

     and salvage equipment, the quality of existing equipment, new 
     developments in the United States and elsewhere, and whether 
     new technologies are being used in the United States.

     SEC. 305. OIL TRANSPORTATION INFRASTRUCTURE ANALYSIS.

       The Secretary of the Department of Homeland Security shall, 
     in conjunction with the Secretary of Commerce, the Secretary 
     of Transportation, the Administrator of the Environmental 
     Protection Agency, and the heads of other appropriate Federal 
     agencies, contract with the National Research Council to 
     conduct an analysis of the condition and safety of all 
     aspects of oil transportation infrastructure in the United 
     States, and provide recommendations to improve such safety, 
     including an assessment of the adequacy of contingency and 
     emergency plans in the event of a natural event.
                                 ______
                                 
      By Mr. OBAMA:
  S. 2441. A bill to authorize resources for a grant program for local 
educational agencies to create innovation districts; to the Committee 
on Health, Education, Labor, and Pensions.
  Mr. OBAMA. Mr. President, I rise today to introduce a bill--the 
``Innovation Districts for School Improvement Act''--to establish 
grants to 20 school districts across the country. Through competitive 
grants, these districts would be offered new resources in return for 
systematic reforms and measurable results.
  Today, in my own state, out of every 100 African-American or Latino 
males in the Chicago schools at age 13, only 3 or fewer will continue 
on to earn a degree from a 4-year college. The chances of success for a 
young man of color in many of our urban school districts are the same 
as the chance of a soldier in Napoleon's Grand Army surviving in the 
dismal march to Moscow. That is considered a great historical folly, a 
waste of a generation of young talent. How will we be judged?
  Today, a good education is parceled out to some and denied to others, 
handed down, as a privilege, from generation to generation. A good 
education is denied not only to children of color in our cities, but 
also to children living in poverty in our rural areas.
  Today, 6 million middle and high school students are reading with 
skills far below their grade level. Half of all teenagers are unable to 
understand basic fractions, and half of all 9 year olds are unable to 
perform basic multiplication or division. We now have one of the 
highest high school dropout rates of any industrialized country.
  This is a folly and a failure that hurts us all. As we continue in 
this failure, other nations are moving ahead of us. We know that China 
and India are training more skilled engineers, who are developing new 
technologies and innovating in ways that result from their investments 
in education. We live in a world where few American jobs are secure, 
and we know that to compete successfully, we must better educate our 
students. All our students: urban and rural, black and white, rich and 
poor.
  In fact, America's richest untapped source of talent may be in our 
underserved cities and poor rural areas, among students now trapped in 
inadequate schools. The best strategy for maintaining America's 
economic preeminence is to give more students the knowledge and the 
skills to innovate. To achieve this, our schools, too, must innovate.
  That is why today I am introducing the Innovation Districts for 
School Improvement Act. We need to make sure there is an effective 
teacher in every classroom and an effective principal in every school. 
We need to make sure teachers are not distributed in a way that 
disproportionately places inexperienced and untrained teachers in 
classrooms with students who need the best teachers. We need to help 
young teachers get the training and coaching they need, and make sure 
that experienced teachers have the career opportunities that make use 
of their talents, giving the best ones a chance to train younger 
teachers, and a reason to stay in their schools and take on added 
roles.
  Many schools do this and achieve encouraging results. The Innovation 
Districts for School Improvement Act would apply lessons from these 
successes, with school districts from across the country becoming 
seedbeds for further reform. Innovation Districts will focus on teacher 
recruitment, training, and retention, using successful residency-based 
programs as a model. They would offer performance pay increases to 
high-performing teachers, and financial incentives to teachers willing 
to work in low income schools.
  Innovation Districts would partner with local universities, 
charitable foundations or community institutions to develop, execute, 
and evaluate their reforms. Most importantly, Innovation Districts 
would look at new ways to do things better, identify current practices 
that prevent them from innovating, and show us that if we are willing 
to support and rethink our schools, all our children can learn, all our 
children can compete, and our schools can be the best in the world.
  I hope my colleagues will support this important legislation.
                                 ______
                                 
      By Mr. DURBIN:
  S. 2442. A bill to require the President or the Committee on Foreign 
Investment in the United States to submit to Congress draft 
investigation reports on national security related investigations, to 
address mandatory investigations by such committee, and for other 
purposes; to the Committee on Banking, Housing, and Urban Affairs.
  Mr. DURBIN. Mr. President, I rise today to introduce common sense 
legislation that would improve the way we review proposed purchases of 
American assets by foreign companies and governments.
  Much has already been said about the prospect of Dubai Ports World 
taking responsibility for some of the operations of our nation's ports. 
The way that the Bush Administration has handled this situation has 
made it very clear that the process we currently use to review the 
national security implications of foreign acquisitions is simply not 
working. We must do better.
  Let me be clear: I do not believe that we should automatically 
dismiss out of hand any potential foreign investments in this country. 
Vibrant trade, when conducted sensibly and fairly, is good for America.
  However, I think that for any proposed deal in which a foreign 
company would take over important responsibilities related to America's 
critical infrastructure--whether it be our ports, our railroads, our 
airports, or anything else that is fundamental to our national 
security--we should take a very close look at such a deal.
  For any proposed deal in which a foreign country would take over any 
of our nations' companies, we should take an even closer look.
  I strongly believe that we should be building our ties with friendly 
Arab nations, through diplomacy, trade, and all of the other mechanisms 
we have at our disposal. However, the process by which this Dubai Ports 
World deal was waved through by the Bush Administration without 
anything resembling a thorough review of the security risks is simply 
not good enough.
  This bill would improve the review process in five ways.
  First, my legislation would require that a more thorough 45-day 
investigation be undertaken by the Committee on Foreign Investment in 
the United States (CFIUS) when either of two situations occurs: when a 
foreign government wants to purchase any assets in the United States, 
and when a foreign-owned company wants to purchase critical 
infrastructure in the United States.
  Second, my bill would mandate that at least 7 days before the end of 
a foreign investment review, the CFIUS chair must submit a draft of its 
report to the Homeland Security committees in each chamber.
  Third, when the CFIUS review is completed, each cabinet secretary 
whose agency has been involved in the review must certify in writing 
his or her agreement or dissent.
  Fourth, under current law, the President can only block a transaction 
when the buyer ``might fail to take necessary action to prevent 
impairment of the national security,'' which is an extraordinarily high 
threshold for action. My bill would lower the threshold so that the 
President can realistically

[[Page 3943]]

take action in more ambiguous situations where there is credible 
evidence that the buyer itself presents a national security threat.
  Fifth, the bill would mandate that CFIUS should be chaired by the 
Secretary of Homeland Security instead of the Secretary of the 
Treasury.
  I believe that these common sense reforms will support healthy trade 
and investment, but will at the same time ensure that foreign 
investments in American assets do not compromise our national security. 
I look forward to working with my colleagues to combine my bill with 
the many other good ideas that have been proposed in order to pass 
legislation that will make this review process stronger.
  Our national security--and our economic strength--depend on it.
                                 ______
                                 
      By Mr. McCAIN:
  S. 2443. A bill to grant the power to the President to reduce budget 
authority; to the Committee on Rules and Administration.
  Mr. McCAIN. Mr. President, in his final State of the Union Address, 
President Reagan stood for the last time before both Houses of Congress 
and asked for line-item veto authority for future Presidents.
  On that evening, the President had with him three pieces of 
legislation: an appropriations bill that was 1,053 pages long and 
weighed 14 pounds; a budget reconciliation bill that was 1,186 pages 
long and weighed 15 pounds; and a continuing resolution that was 1,057 
pages long and weighed 14 pounds. President Reagan slammed down on the 
lectern the 43 pounds of paper and ink, which represented 1 trillion 
dollars' worth of spending. He did so to emphasize the magnitude of 
wasteful spending in the bills--spending that the President could not 
stop unless he was willing to veto each piece of legislation in its 
entirety. In the case of the continuing resolution, that would have 
meant that the Federal government would shut down.
  Almost 20 years later we are in exactly the same situation we were in 
when President Reagan said to Congress, ``Let's help ensure our future 
of prosperity by giving the President a tool that, though I will not 
get to use it, is one I know future Presidents of either party must 
have. Give the President the same authority that 43 Governors use in 
their States: the right to reach into massive appropriation bills, pare 
away the waste, and enforce budget discipline. Let's approve the line-
item veto.''
  Last week, President Bush rightly renewed Ronald Reagan's call for 
line-item veto authority by sending to Congress a legislative proposal 
for a form of line-item veto authority known as expedited rescission. 
That proposal was introduced as the Line Item Rescission Act of 2006 
shortly after the President offered it. I am an original cosponsor of 
that legislation, which would authorize the President to propose 
spending and targeted tax benefits that would ultimately have to be 
approved by a majority of each House of Congress. The Line Item 
Rescission Act is one way to give the President more authority to 
impose fiscal restraint, and if it were enacted it would constitute a 
significant move in Washington, DC, towards fiscal discipline.
  Today, I am introducing the Separate Enrollment and Line Item Veto 
Act of 2006 to present what I believe is a stronger approach to 
granting the President true line-item veto power. Under this proposal, 
which is crafted to ensure its constitutionality, each item of every 
appropriation measure and authorization measure containing new direct 
spending or new targeted tax benefits passed by Congress would be 
separately enrolled. The President would then be able to consider each 
item as a separate bill and would have the power to veto items that, as 
President Bush has said, constitute unneeded spending that reflects 
special interests instead of the people's interest.
  We must keep in mind that even strong line-item veto authority will 
not solve all of our fiscal problems. We also desperately need to 
reform our earmarking process and our lobbying practices--and we must 
remember that it is ultimately Congress's responsibility to control 
spending. However, granting the President line-item veto authority 
would go a long way toward restoring credibility to a system ravaged by 
congressional waste and special interest pork. I look forward to the 
Senate's consideration of line-item veto legislation, and I trust that 
Congress will act on such legislation soon.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 2444. A bill to amend the National Dam Safety Program Act to 
establish a program to provide grant assistance to States for the 
rehabilitation and repair of deficient dams; to the Committee on 
Environment and Public Works.
  Mr. AKAKA. Mr. President, I rise today, along with my good friend and 
colleague Senator Daniel Inouye, to introduce the Senate companion to 
H.R. 1105, the Dam Rehabilitation and Repair Act, which was introduced 
by Representative Sue Kelly and co-sponsored by my colleagues from the 
State of Hawaii, Representatives Neil Abercrombie and Ed Case.
  The Dam Rehabilitation and Repair Act will improve the safety of our 
Nation's dams by establishing a Federal program to assist Hawaii and 
other states in rehabilitating publicly owned dams that pose a risk to 
public safety.
  Storms that struck Hawaii in recent weeks remind us that the 
devastation wrought by the collapse of a dam can be severe and tragic. 
All too often, these catastrophic collapses come with little or no 
warning, leaving those in the path of flooding with no time to avoid 
danger.
  Dam safety is a neglected aspect of our homeland security. While we 
plan for the possibility that terrorists may attack our infrastructure, 
we fail to fully recognize that critical infrastructure is also subject 
to the forces of nature and, therefore, prone to wear and tear. Just as 
we must guard against attacks on our critical infrastructure, we must 
also be attentive to its maintenance.
  Our Nation has thousands of dams. The homes and businesses of 
millions of Americans are in the path of potentially catastrophic 
flooding that could result from dam failures. Some of our great cities 
are at risk, as are vast tracts of our most productive agricultural 
land. Although dams are often out of sight and given little regard in 
everyday life, we put lives and property at peril when we fail to 
properly maintain them.
  The Dam Rehabilitation and Repair Act takes an important step forward 
by allocating Federal funds for the repair and rehabilitation of 
publicly owned dams that are deemed to be unsafe. Specifically, this 
bill will: Mandate the Director of the Federal Emergency Management 
Agency (FEMA) to establish a program providing grant assistance to 
states for the repair of dams that pose a public safety risk; require 
the FEMA Director to determine appropriate procedures for awarding 
grants and allocating funds; establish a risk-based priority system to 
identify dams in need of repair; and establish a cost sharing 
arrangement between the Federal Government and States.
  In addition, I am working to ensure that both public and private dams 
receive the maintenance they need for the public's safety, and I 
appreciate the technical assistance that the American Society of Civil 
Engineers has given me on this critical problem. I look forward to 
working with my colleagues to pass legislation that augments the 
National Dam Safety Program and provides states with the necessary 
assistance to protect the public.
  I ask unanimous consent to print in the Record at this point a letter 
from the Dam Safety Coalition endorsing this legislation and that text 
of the legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                         Dam Safety Coalition,

                                                   March 16, 2006.
     Hon. Daniel Akaka,
     U.S. Senate,
     Washington, DC.
       Dear Senator Akaka: The dam safety, engineering, and 
     construction community would like to commend you for your 
     commitment to dam safety and for introducing the Dam Repair 
     and Rehabilitation Act in U.S. Senate. The legislation would 
     fill a

[[Page 3944]]

     vital need in our infrastructure by developing a federal 
     funding program devoted to repairing the nation's unsafe 
     dams.
       Dams are a vital part of our nation's aging infrastructure 
     and provide enormous benefits to the majority of Americans--
     benefits that include drinking water, flood protection, 
     renewable hydroelectric power, navigation, irrigation and 
     recreation. Yet, these critical daily benefits' provided by 
     the nation's dams are inextricably linked to the potential 
     consequences of a dam failure if the dam is not maintained, 
     or is unable to impound water, pass large flood events or 
     withstand earthquake events in a safe manner.
       In 2005, ASCE published the Report Card for America's 
     Infrastructure giving the condition of our nation's dams a 
     grade of D, equal to the overall infrastructure grade. States 
     have identified 3,500 unsafe or deficient dams, many being 
     susceptible to large flood events or earthquakes. The 
     Association of State Dam Safety Officials, in its October 
     2003 report entitled ``The Cost of Rehabilitating Our 
     Nation's Dams'', estimated that $10 billion would be needed 
     to repair the most critical dams over the next 12 years.
       It is a reasonable expectation of every American to be 
     protected by our government; including protection from 
     preventable disasters such as dam failures.
       We look forward to working with you to enact the Dam 
     Rehabilitation and Repair Act in the 109th Congress.
           Sincerely,
                                                   Brian Pallasch,
     Co-Chair, Dam Safety Coalition.
                                  ____


                                S. 2444

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Dam Rehabilitation and 
     Repair Act of 2006''.

     SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

       (a) Definitions.--Section 2 of the National Dam Safety 
     Program Act (33 U.S.C. 467) is amended--
       (1) by redesignating paragraphs (3), (4), (5), (6), (7), 
     (8), (9), (10), (11), (12), and (13) as paragraphs (4), (5), 
     (6), (7), (8), (9), (10), (12), (13), (14), and (15), 
     respectively;
       (2) by inserting after paragraph (2) the following:
       ``(3) Deficient dam.--The term `deficient dam' means a dam 
     that, as determined by the State within the boundaries of 
     which the dam is located--
       ``(A) fails to meet minimum dam safety standards of the 
     State; and
       ``(B) poses an unacceptable risk to the public.''; and
       (3) by inserting after paragraph (10) (as redesignated by 
     paragraph (1)) the following:
       ``(11) Rehabilitation.--The term `rehabilitation' means the 
     repair, replacement, reconstruction, or removal of a dam to 
     meet applicable State dam safety and security standards.''.
       (b) Program for Rehabilitation and Repair of Deficient 
     Dams.--The National Dam Safety Program Act is amended by 
     inserting after section 8 (33 U.S.C. 467f) the following:

     ``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

       ``(a) Establishment of Program.--The Director shall 
     establish, within FEMA, a program to provide grants to States 
     for use in rehabilitation of publicly-owned deficient dams.
       ``(b) Grants.--
       ``(1) In general.--In carrying out the program established 
     under subsection (a), the Director--
       ``(A) may provide grants to States for the rehabilitation 
     of deficient dams; and
       ``(B) shall enter into a project grant agreement with each 
     State that receives a grant to establish the terms of the 
     grant and the project, including the amount of the grant.
       ``(2) Application.--To receive a grant under this section, 
     a State shall submit to the Director an application at such 
     time, in such manner, and containing such information as the 
     Director may require, by regulation.
       ``(c) Priority System.--The Director, in consultation with 
     the Board, shall develop a risk-based priority system for use 
     in identifying deficient dams for which grants may be 
     provided under this section.
       ``(d) Allocation of Funds.--During a fiscal year, of 
     amounts appropriated pursuant to subsection (f)(1) for that 
     fiscal year--
       ``(1) \1/3\ shall be distributed equally among the States 
     that receive grants under this section; and
       ``(2) \2/3\ shall be distributed among the States described 
     in paragraph (1) based on the ratio that--
       ``(A) the number of non-Federal publicly-owned dams located 
     within the boundaries of a State that the Secretary of the 
     Army identifies in the national inventory of dams maintained 
     under section 6 as constituting a danger to human health; 
     bears to
       ``(B) the number of non-Federal publicly-owned dams so 
     identified located within the boundaries of all States that 
     receive grants under this section.
       ``(e) Cost Sharing.--The Federal share of the cost of 
     rehabilitation of a deficient dam for which a grant is made 
     under this section shall be not more than 65 percent.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section, to remain available until 
     expended--
       ``(A) $50,000,000 for fiscal year 2007; and
       ``(B) $100,000,000 for each of fiscal years 2008 through 
     2010.
       ``(2) Staff.--There is authorized to be appropriated to 
     provide for the employment of such additional staff of FEMA 
     as the Director determines to be necessary to carry out this 
     section $400,000 for each of fiscal years 2007 through 2009, 
     to remain available until expended.''.

     SEC. 3. RULEMAKING.

       (a) Proposed Rulemaking.--Not later than 90 days after the 
     date of enactment of this Act, the Under Secretary for 
     Emergency Preparedness and Response, acting through the 
     Director of the Federal Emergency Management Agency, shall 
     issue a notice of proposed rulemaking regarding the 
     amendments made by section 2 to the National Dam Safety 
     Program Act (33 U.S.C. 467 et seq.).
       (b) Final Rule.--Not later than 120 days after the date of 
     enactment of this Act, the Under Secretary for Emergency 
     Preparedness and Response, acting through the Director of the 
     Federal Emergency Management Agency, shall promulgate a final 
     rule regarding the amendments described in subsection (a).
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Obama):
  S. 2445. A bill to permit certain school districts in Illinois to be 
reconstituted for purposes of determining assistance under the Impact 
Aid program; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2445

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ELIGIBILITY FOR IMPACT AID PAYMENT.

       (a) Local Educational Agencies.--Notwithstanding section 
     8013(9)(B) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7713(9)(B)), North Chicago Community Unit 
     School District 187, North Shore District 112, and Township 
     High School District 113 in Lake County, Illinois, and 
     Glenview Public School District 34 and Glenbrook High School 
     District 225 in Cook County, Illinois, shall be considered 
     local educational agencies as such term is used in and for 
     purposes of title VIII of such Act.
       (b) Computation.--Notwithstanding any other provision of 
     law, federally connected children (as determined under 
     section 8003(a) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7703(a))) who are in attendance in the 
     North Shore District 112, Township High School District 113, 
     Glenview Public School District 34, and Glenbrook High School 
     District 225 described in subsection (a), shall be considered 
     to be in attendance in the North Chicago Community Unit 
     School District 187 described in subsection (a) for purposes 
     of computing the amount that the North Chicago Community Unit 
     School District 187 is eligible to receive under subsection 
     (b) or (d) of such section if--
       (1) such school districts have entered into an agreement 
     for such students to be so considered and for the equitable 
     apportionment among all such school districts of any amount 
     received by the North Chicago Community Unit School District 
     187 under such section; and
       (2) any amount apportioned among all such school districts 
     pursuant to paragraph (1) is used by such school districts 
     only for the direct provision of educational services.
                                 ______
                                 
      By Mr. DURBIN:
  S. 2448. A bill to increase the minimum penalties for violations of 
the Federal Mine Safety and Health Act of 1977, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I rise today to introduce the Mine Safety 
Enforcement, Reporting, and Training Act. This bill will raise the 
minimum fine for safety violations from $60 to $500, require coal mine 
operators to pay fines up front, require a public yearly report of fine 
payments, and double funding for education and training grants to 
States from $10 million to $20 million.
  The recent tragic events in West Virginia and Kentucky have captured 
the Nation's attention and exposed the serious dangers our miners face 
every day. Safety violations often result in injuries that cost miners 
their health, livelihood or lives. Safety inspectors have advised me 
that the fines need to be tougher when a company violates our safety 
laws and that we need to put more resources into training inspectors.

[[Page 3945]]

  The vast majority of fines issued in 2005 were under $100. 
Unfortunately, many multimillion dollar mining companies view these 
fines no worse than a minor speeding ticket. Hopefully, raising the 
minimum fine from $60 to $500 will prompt these companies to get 
serious about making safety improvements.
  Many coal operators are taking advantage of the current system which 
allows them to withhold payment of fines levied against them while 
negotiating to reduce the amount of those fines. From 2001 to 2003, 
more than two-thirds of all major fines were reduced from the original 
amount imposed by safety inspectors from the Mine Safety and Health 
Administration (MSHA). MSHA reports that of the fines that are 
appealed, the average reduction is 47 percent.
  Moreover, since 2001, almost half of all fines have not been 
collected. Federal records also show that in the last two years the 
federal mine safety agency has failed to hand over any delinquent cases 
to the Treasury Department for further collection efforts, as is 
supposed to occur after 180 days. I believe that a public report card 
of fine payments gives us the chance to grade these companies and make 
necessary changes before we have another tragic accident on our hands.
  Over the years, funding for education and training grants has 
steadily declined--seriously impacting the agency's ability to meet the 
training needs of individual States. Nationally, MSHA awards up to $10 
million in grants annually, and like many other states, my home state 
of Illinois has witnessed a reduction in grants in the past ten years, 
which is especially troublesome during a time of revived coal mining 
activity. State regulating agencies, such as the Illinois Office of 
Mines and Minerals, uses the funds it receives from MSHA to purchase 
safety vehicles, rescue training equipment and to help train new coal 
mine employees. Not only are state mine agencies unable to purchase new 
equipment as old equipment wears out, but state agencies are having 
trouble purchasing modern mine rescue training equipment.
  I hope that my colleagues will join me in this effort to increase 
enforcement efforts, public reporting of violations, and education and 
training grants for the benefit of our coal miners across the country. 
Our coal miners deserve no less.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2448

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mine Safety Enforcement, 
     Reporting, and Training Act''.

     SEC. 2. INCREASED MINIMUM PENALTIES FOR, AND IMMEDIATE 
                   PAYMENT OF, MINE SAFETY VIOLATIONS.

       (a) Increased Minimum Penalties.--Section 110 of the 
     Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is 
     amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l) Minimum Penalty.--The amount of a fine or civil 
     penalty assessed for a violation of a mandatory health or 
     safety standard or other provision of this Act shall be not 
     less than $500.''; and
       (3) in subsection (g), by striking ``shall not be more than 
     $250'' and inserting ``shall be $500''.
       (b) Immediate Payment of Penalties.--Section 110(j) of the 
     Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820(j)) 
     is amended by adding at the end the following: ``An operator 
     shall pay a civil penalty owed under this Act promptly after 
     such penalty is assessed and prior to contesting the penalty 
     before the Commission or appealing the decision to the 
     appropriate court.''.
       (c) Report.--Section 110 of the Federal Mine Safety and 
     Health Act of 1977 (30 U.S.C. 820) is further amended by 
     adding at the end the following:
       ``(n) Report.--
       ``(1) In general.--The Secretary shall annually prepare and 
     submit a report to Congress detailing, for the previous 
     fiscal year--
       ``(A) the amount of fines assessed under this Act for each 
     operator;
       ``(B) the amount of fines actually collected from each 
     operator; and
       ``(C) the total amount of fines assessed, and the total 
     amount of fines collected, under this Act.
       ``(2) Availability on internet.--The Secretary shall post 
     the report described in paragraph (1) on the website of the 
     Department of Labor in a conspicuous and prominent 
     location.''.

     SEC. 3. INCREASING AUTHORIZATION OF APPROPRIATIONS FOR HEALTH 
                   AND SAFETY GRANTS.

       Section 503(h) of the Federal Mine Safety and Health Act of 
     1977 (30 U.S.C. 953(h)) is amended in the first sentence by 
     striking ``$10,000,000'' and inserting ``$20,000,000''.
                                 ______
                                 
      By Mr. KERRY (for himself, Mr. Dayton, Mr. Durbin, Mr. Johnson, 
        Mr. Lautenberg, Ms. Mikulski, Mr. Menendez, and Mr. Reid):
  S. 2449. A bill to amend title 10, United States Code, to reduce the 
age for receipt of military retired pay for nonregular service from 60 
years of age to 55 years of age; to the Committee on Armed Services.
  Mr. KERRY. Mr. President, for several years members of this Chamber 
have worked to reduce the age that retired members of the National 
Guard and Reserve can receive their retirement pay from 60 to 55. 
Senator Corzine offered such legislation in the first session of this 
Congress, and I was delighted to co-sponsor it. With Senator Corzine's 
departure from the Senate for the New Jersey State House, we have 
reassembled the body of co-sponsors and are introducing this 
legislation again to signal our continued commitment to addressing this 
issue.
  The issue is simple. If you join the active duty Army at age 18 and 
serve 20 years on active duty, retiring at age 38, you are immediately 
eligible to receive retirement pay. If you join the National Guard or 
Reserves, you may retire after 20 years, but you must wait until age 60 
to begin collecting retirement pay. A 38-year-old veteran of the Guard 
and Reserves must wait 22 years to see any of their retirement pay.
  To be sure, everyone recognizes the difference between service in the 
active component and the reserve component in peace time. But since 
September 11, 2001, as we are reminded almost daily, we have been a 
Nation at war. Our National Guard and Reserves have been fully engaged 
in the War against al Qaeda and the War in Iraq. As of last week, 
nearly 120,000 reservists were mobilized, including 1,230 troops from 
my home state of Massachusetts. And sadly, almost 600 members of the 
Guard and Reserves have made the ultimate sacrifice for this country.
  We can never fully express our Nation's gratitude for their service 
and sacrifice, but we can try to make benefits and compensation more 
worthy of the commitment and service shown by America's citizen 
soldiers. That's exactly what the legislation I introduce today seeks 
to accomplish. I'm delighted to be joined in this effort by Senators 
Dayton, Durbin, Johnson, Lautenberg, Mikulski, Menendez, and Reid.
  It is no secret that our all volunteer force is stretched. Recruiting 
numbers have sagged under the anxieties and concerns of a nation at 
war. Retention has remained healthy to date, but as the nation 
approaches its 5th year of war, we must be proactive in seeking to 
support those who have already done so much for us. Reducing the age at 
which members of the Guard and Reserves can receive their retirement 
pay can help make continued service more attractive, retaining those in 
whom America has already invested so much.
  We are asking for more from our National Guard and Reserve members 
than ever before. In turn we should be providing them with what they 
deserve and have certainly earned. This legislation would be a small 
step in the right direction to honor the service of these Americans and 
to ensure their continued strength.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2449

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page 3946]]



     SECTION 1. REDUCTION IN AGE FOR RECEIPT OF MILITARY RETIRED 
                   PAY FOR NONREGULAR SERVICE.

       (a) Reduction in Age.--Section 12731(a)(1) of title 10, 
     United States Code, is amended by striking ``at least 60 
     years of age'' and inserting ``at least 55 years of age''.
       (b) Application to Existing Provisions of Law or Policy.--
     With respect to any provision of law, or of any policy, 
     regulation, or directive of the executive branch that refers 
     to a member or former member of the uniformed services as 
     being eligible for, or entitled to, retired pay under chapter 
     1223 of title 10, United States Code, but for the fact that 
     the member or former member is under 60 years of age, such 
     provision shall be carried out with respect to that member or 
     former member by substituting for the reference to being 60 
     years of age, a reference to the age in effect for 
     qualification for such retired pay under section 12731(a) of 
     title 10, United States Code, as amended by subsection (a).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the first day of the first month 
     beginning on or after the date of the enactment of this Act 
     and shall apply to retired pay payable for that month and 
     subsequent months.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Durbin):
  S. 2450. A bill to strengthen national security by encouraging and 
assisting in the expansion and improvement of educational programs in 
order to meet critical needs at the elementary, secondary, and higher 
education levels, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. AKAKA. Mr. President, I rise today to reintroduce legislation 
with Senator Durbin that will increase educational opportunities in 
science, technology, engineering, mathematics (STEM), and foreign 
languages for all students.
  Last month, I shared with my colleagues the need to expand 
educational opportunities in these areas so that the youth of today can 
meet the challenges of tomorrow. The President, in his State of the 
Union address, said that America's ability to compete in global markets 
and to defend the nation against foreign threats depends on the 
strength of our educational system. On this point, he and I agree. Our 
future national and economic security are tied directly to our 
mathematical, scientific, and linguistic acumen.
  For example, prior to 9/11, the Intelligence Community was not 
prepared to handle the challenge of translating the volumes of foreign 
language counter-terrorism intelligence it had collected. The 
Intelligence Community faced backlogs in material awaiting translation, 
a shortage of language specialists and language-qualified field 
officers, and a readiness level of only 30 percent in the most critical 
foreign languages. This news, however, was not new. In 2000, Ellen 
Laipson, Vice Chairman of the National Intelligence Council, reported 
similar problems and said that thousands of technical papers providing 
details on foreign research and development in scientific or technical 
areas were not being translated because of the lack of personnel to 
interpret the material, which could lead to the possibility of ``a 
technological surprise.''
  It is clear that our national security relies on having a workforce 
skilled in the areas of science, technology, engineering, math, and 
foreign languages. We need to take action to strengthen education in 
these areas so that the United States can compete, prosper, and be 
secure in the 21st Century. A major investment in America's education 
system is necessary to ensure that we can communicate with and 
understand the cultures of our world partners and competitors. In the 
words of the Committee for Economic Development, ``we must redefine, as 
each generation has done, what it means to be an educated American in a 
changing world.'' Enactment of the Homeland Security Education Act 
provides the framework to enhance our education system to ensure that 
our nation's youth will have the skills needed for success.
  Our education system must be reenergized and reinvigorated to meet 
the needs of our nation by preparing students to be proficient in 
foreign languages and leaders in the scientific and engineering fields. 
Our schools need the equipment and the materials to teach the critical 
STEM and foreign language courses and bring these subjects to life. To 
address these issues our bill would: encourage public private 
partnerships to improve science and math curricula; upgrade laboratory 
facilities; provide scholarships for students to study math, science, 
or engineering at the university level; and establish internship and 
mentoring opportunities for students in grades K through 12; develop 
cultural awareness and immersion programs in colleges and universities 
that combine science, technology, and engineering instruction with 
foreign language to expand international understanding and scientific 
collaboration; and create language learning pathways to facilitate 
proficiency in critical foreign languages from Kindergarten through 
graduate school.
  However, no amount of funding or new programs will address the 
problem if there are not enough teachers trained in these subjects. To 
address the shortage of STEM and foreign language teachers, our bill 
includes provisions to award scholarships in the amount of $15,000 to 
language-proficient individuals and practicing scientists and engineers 
to return to school and earn their degrees and become certified to 
teach these critical skills to students in high-need, low income 
schools. Our bill would also allow National Security Education Program 
scholarship and fellowship recipients to meet their service 
requirements by teaching in these critical areas if they cannot find a 
national security position in the Federal Government.
  A key provision in the Homeland Security Education Act focuses on 
foreign language teacher training by awarding grants to facilitate 
partnerships between K through 12 schools and institutions of higher 
education to build professional development programs, summer workshops 
or institutes, and foreign language distance learning programs for 
elementary and secondary school teachers.
  In addition to providing new programs and teachers, we must encourage 
students to study these subjects. The U.S. currently lags far behind 
other countries in the number of students majoring in these critical 
areas. We must reverse this trend if we are to ensure an adequate 
supply of science, technology, engineering, and mathematics expertise 
in the years ahead. For example, only 32 percent of undergraduates in 
the United States receive their degrees in science and engineering, 
compared to 59 percent in China and 66 percent in Japan. The statistics 
are even worse for foreign language education, where fewer than one in 
10 college students enroll in a foreign language class. Our bill would 
provide financial incentives for students to take the tough classes, 
earn their degrees, and be trained in the skills that will help America 
succeed by providing them with $5,000 scholarships to earn degrees in 
STEM or a foreign language.
  I am proud of my home State of Hawaii, which appreciates the 
importance of learning other languages and understanding other cultures 
and where high school seniors take Advanced Placement (AP) exams in 
calculus, chemistry, physics, and science at rates that are higher 
than, and in some cases nearly double, the national average. Still, 
there definitely is room for more students to take AP exams and excel 
in these important areas.
  The Homeland Security Education Act would help make this a reality by 
complementing efforts such as the PACE bills, Senator Kennedy's 
legislation, and the President's education initiatives--all of which I 
support because they are positive steps to increasing educational 
opportunities in critical STEM and foreign language studies.
  Professor Richard Schmidt, Director of the National Foreign Language 
Resource Center at the University of Hawaii, said that ``this 
legislation has strong potential to produce the kind of close 
articulation between K through 12 and higher education programs that 
has been very difficult in the past.''
  I wish to thank Professor Schmidt, the University of Hawaii College 
of Education, and the National Council for Languages and International 
Studies for supporting this bill. I ask unanimous consent that letters 
of support be printed in the Record

[[Page 3947]]

  Education serves as the catalyst to ensure our Nation's long-term 
security. To remain a world leader we need Americans who are well-
educated and who can communicate in the global marketplace. The bill we 
introduce today will help us meet these essential requirements.
  I urge my colleagues to support the Homeland Security Education Act, 
and I look forward to working with them to strengthen our national 
security through enactment of our bill.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:
                                    National Council for Languages


                                    and International Studies,

                                    Washington, DC, March 6, 2006.
     Hon. Daniel Akaka,
     U.S. Senate,
     Washington, DC.
       Dear Senator Akaka: I am writing on behalf of the National 
     Council for Languages and International Studies, representing 
     54 member language and international education associations, 
     to thank you for sponsoring the Homeland Security Education 
     Act (HSEA), which increases federal investment in foreign 
     language education, specifically in languages of critical 
     need to national security.
       The benefits of language learning as a part of a basic 
     education cannot be overstated. In addition to learning 
     another language, studies indicate that students develop 
     better problem-solving and cognitive skills. In addition to 
     being an essential part of a basic education, recent events 
     have demonstrated that early language learning is also 
     imperative for national security. The events of September 
     11th brought to light the scarcity of highly qualified 
     language professionals in the federal government workforce. 
     Our nation cannot develop the high-level language expertise 
     necessary to national security and economic competitiveness 
     if we do not have the programs that encourage proficiency in 
     critical languages.
       Recent studies and initiatives such as the National 
     Security Language Initiative, the Lincoln Commission Report, 
     and the Center for Education Development's report, Education 
     for Global Leadership: The Importance of lnternational 
     Studies and Foreign Language Education for U.S. Economic and 
     National Security provide a much-needed framework to develop 
     foreign language skills by calling for the implementation of 
     new and expanded language programs at all levels of education 
     and in the workforce. HSEA will provide the resources needed 
     to develop such critical programs.
       Legislation like HSEA provides the framework and funding 
     that is critical to carrying out these initiatives at the 
     primary, secondary and higher education levels. Its focus on 
     encouraging students to continue their language education as 
     well as providing the grants needed for institutions of 
     higher education to develop and strengthen foreign language 
     programs, this bill will create the resources needed to 
     address the issues facing the U.S. in today's world.
       This comprehensive and forward thinking legislation is 
     sorely needed. Thank you for your assistance and support of 
     languages, international education and programs that promote 
     better understanding of other languages and cultures. If 
     there is anything we can do to help, please let us know.
           Sincerely,
                                            J. David Edwards, PhD,
      Executive Director.
                                  ____

                                   University of Hawai`i at Manoa,


                                         College of Education,

                                 Honolulu, Hawai`i, March 9, 2006.
     Hon. Daniel K. Akaka,
     U.S. Senate, 141 Hart Senate Office Building, Washington, DC.
       Dear Senator Akaka: I am writing on behalf of the faculty 
     and students of the University of Hawai`i, College of 
     Education to express my enthusiastic support for the Homeland 
     Security Education Act proposed by you and Senator Durbin.
       It is clear that if we are to remain leaders in this 
     increasingly competitive world, America needs a workforce 
     skilled in science, mathematics, computer science, and 
     engineering. We also need a larger population of people able 
     to speak foreign languages and relate well with people from 
     other countries and cultures.
       The Homeland Security Education Act is designed very well 
     to address this need, as it provides scholarships for college 
     students entering those fields and for teacher candidates in 
     the sciences, mathematics, and languages. It also provides 
     grants to assist K-12 schools in improving related 
     instruction, to improve facilities and obtain equipment. 
     Three different grant programs support efforts to improve the 
     numbers of foreign language speakers. The student loan 
     program also holds promise of encouraging more people to 
     enter these fields.
       As Dean of the College of Education, I know first hand how 
     difficult it is to attract teacher candidates into 
     mathematics or science. The scholarships provided through the 
     Homeland Security Education Act will help us encourage more 
     students to enter these teaching fields. It may also be 
     helpful if the student loan repayment program could be 
     applied to individuals who enter the teaching profession and 
     teach in some of our more difficult to staff public schools.
       I am also finding it very difficult to find mathematics and 
     science educators to teach in our teacher preparation 
     programs. There is a severe national shortage of mathematics 
     and science educators with doctoral degrees. You may want to 
     consider providing support to individuals to obtain 
     doctorates in these areas.
       Your Homeland Security Education Act addresses a very 
     serious problem. If we do not address this problem today, our 
     nation will suffer because of it in the near future and for 
     many years to come. I sincerely hope that your colleagues in 
     congress will share your vision and choose to support this 
     important legislation.
       Thank you for your good leadership and for your continued 
     support for excellent education for all children.
           Sincerely,
                                                       Randy Hitz,
                                                             Dean.
                                 ______
                                 
      By Mr. SPECTER:
  S. 2453. A bill to establish procedures for the review of electronic 
surveillance programs; to the Committee on the Judiciary.
  Mr. SPECTER. Mr. President, I seek recognition today to introduce a 
bill to regulate electronic surveillance programs designed to gather 
intelligence for national security purposes.
  On Friday, December 16, 2005, the New York Times reported that in 
late 2001, President Bush signed a highly classified directive that 
authorized the National Security Agency to intercept communications 
between people inside the United States and terrorism suspects 
overseas. And so the debate began. Did the President have the authority 
to authorize this program? Did it violate the Foreign Intelligence 
Surveillance Act--or FISA? Had Congress independently granted the 
President this authority? Did he have these inherent powers under the 
Constitution? Lawyers and laymen throughout our country have debated 
the issue. The Senate Judiciary Committee initiated two hearings on the 
legality of the NSA program and, pursuant to our oversight function, 
brought in Attorney General Alberto Gonzales and seven leading scholars 
and experts to testify. After questioning General Gonzales for some 7 
hours, and the panel of scholars for hours more, we were still left 
troubled by two competing concerns.
  On the one hand, we are a Nation at war. On September 11 we suffered 
the worst attack on civilians in our country's history by an enemy like 
none we had faced before. The more we learn about this enemy, the more 
we learn about a cruel and brutal opponent who will stop at nothing to 
terrorize and harm our country. This is an enemy that knows no honor. 
It seeks to inflict ever-escalating violence on defenseless civilians. 
This is an enemy that knows no mercy. It beheads innocent aid workers 
and journalists and proudly broadcasts these murders for the world to 
see. This is an enemy that knows no bounds of decency. It recruits 
women and children to strap bombs to their bodies and blow themselves 
up, knowing that American soldiers are likely to come close to help 
them. This is an enemy that is patient. It infiltrates our borders and 
waits quietly for an opportunity to attack. Most frighteningly, this is 
an enemy that is capable. It roams the globe, organizing terrorist 
cells along its path. It has the ability to master and exploit modem 
technology and organize attacks on America from anywhere on the globe.
  On the other hand, we are a Nation that believes in the rule of law. 
We are a people that hold dear the rights and liberties enshrined in 
our Constitution. Although we recognize the threat we face, we are not 
willing to sacrifice our rights and live in a state of perpetual fear. 
Our enemy is the enemy of freedom, and we will not give that enemy the 
satisfaction of making us give up the very freedom we cherish.
  The question remains, what is a society like ours to do?
  I do not agree with those who contend that the current FISA law is 
just fine. When the FISA bill was enacted in 1978, we faced a very 
different enemy. That enemy did not attack on our soil; that enemy was 
organized into nation states that we could negotiate with; that enemy 
did not use terrorist tactics on our civilian population. And in 1978, 
we were grappling with very different technologies. We were worried

[[Page 3948]]

about telephone and telegraphs, not e-mail, cell phones, handheld 
computers, and Internet chat rooms. Accordingly, the Congress passed a 
law in 1978 that required case-by-case warrants; warrants that 
identified individual persons and places; warrants a lot like those a 
prosecutor would seek in a routine criminal investigation. These case-
by-case warrants, however, simply may not be sufficient today, when we 
are in a time of war and we need to track an amorphous enemy that moves 
quickly and is often able to evade detection.
  At the same time, I do not agree with those who insist that we are 
facing an entirely new situation, and that the checks and balances our 
nation has long embraced are now outdated. I think these advocates are 
wrong when they insist that the best we can do is to give the Executive 
Branch a blank check and hope that it will do the right thing.
  I believe that there is a middle ground. I believe it is possible to 
provide the President with the flexibility and secrecy he needs to 
track terrorists, while providing for meaningful supervision outside of 
the Executive Branch. It may be surprising to some, but I think we can 
get some insight from, of all places, a Senate hearing.
  Let's step back and survey the situation. The country had recently 
discovered that the NSA had secretly worked with major communication 
companies for years. We learned that initially the program focused on 
certain foreign targets, but it grew to cover communications from U.S. 
citizens. Amid accusations that the President had violated the 
Constitution and Federal statute, a Senate Committee called the 
Attorney General to testify and address the ``serious legal and 
constitutional questions . . . raised by the program.''
  If this sounds familiar, it should. It is what took place in November 
1975, when the nation discovered a secret NSA program to monitor 
telegraph messages, and a special Senate Committee called Attorney 
General Edward Levi to testify.
  That hearing, like the hearing the Senate Judiciary Committee held 
last week, elicited discussions on the importance of preserving civil 
liberties and upholding the Bill of Rights, and the need to protect 
national security and preserve secrecy in foreign intelligence. That 
hearing also elicited a possible solution.
  During his testimony to the Church Committee on U.S. Intelligence 
Activities, Attorney General Levi suggested that one method for 
granting the President the needed flexibility, while maintaining 
supervision by the courts, was to give a special court the power to 
issue broader, program-wide warrants. Attorney General Levi reasoned 
that for programs ``designed to gather foreign-intelligence information 
essential to the security of the Nation,'' the court should have the 
power to approve a ``program of surveillance.'' He explained that the 
traditional warrant procedure works only when surveillance ``involves a 
particular target location or individual at a specific time.'' While 
this procedure was fine for routine, criminal investigations, the 
Nation needed a different solution for enemies that require ``virtually 
continuous surveillance, which by its nature does not have specifically 
predetermined targets.'' Attorney General Levi suggested that in 
approving a surveillance plan, the court should determine whether the 
program ``strikes a reasonable balance between the government's need 
for the information and the protection of individuals' rights.''
  Unfortunately, we did not follow Attorney General Levi's suggestion. 
It is not too late to do so, however. The National Security 
Surveillance Act of 2006 seeks to pick up where the Congress of 1978 
left off.
  I believe that the National Security Surveillance Act sets forth 
workable and effective procedures for the FISA Court to evaluate 
surveillance programs. Its procedures, in fact, are very similar to 
those Attorney General Levi advocated thirty years ago.
  First, in order to continue the NSA program, or any similar programs, 
the Attorney General must apply to the FISA court for permission to 
initiate a surveillance program and then seek re-authorization of that 
program every 45 days. The Attorney General must explain his legal 
basis for concluding that the surveillance program is constitutional. 
He must also provide a good deal of information to the court. He must: 
identify or describe the foreign country or terrorist group he seeks to 
monitor; provide enough facts to indicate one of the parties on the 
line is a member of that foreign country or terrorist group or has had 
communications with it; identify the steps he is taking to make sure 
that innocent Americans are not being swept into the surveillance 
program; determine that at least one of the parties is in the U. S.; 
estimate the number of communications to be monitored; and provide data 
so the FISA court can evaluate the program, including information on 
how long the program has existed and what type of intelligence it has 
uncovered.
  The Attorney General should feel no concern in sharing information 
about the program with the FISA court. The FISA court has proven that 
it is capable of maintaining the secrecy with which it has been charged 
and that it possesses the requisite expertise and discretion for 
adjudicating sensitive issues of national security.
  The FISA court must then determine whether approving the program is 
consistent with the U.S. Constitution. It must also balance the 
interests at stake and decide whether to approve the program. 
Specifically, the court must: determine whether probable cause exists 
to authorize the surveillance; evaluate whether historically the 
government has implemented the electronic surveillance program in 
accordance with its proposals; determine that at least one of the 
participants to the electronic communication is a member of the foreign 
country or terrorist group that the Attorney General has identified; 
consider the privacy costs of the program as measured by the number of 
communications subjected to the electronic surveillance program, the 
length of time the electronic surveillance program has been in 
existence, and the effectiveness of the minimization procedures; and 
consider the benefits of the program as measured by the intelligence 
information obtained or the number of plots uncovered or cells 
disrupted.
  The Attorney General must resubmit the program to the FISA court 
every 45 days. In the event the FISA court refuses to approve the 
electronic surveillance program, that does not end the matter. The 
Attorney General may modify the program and then submit a new 
application, until the FISA court concludes that the program satisfies 
the Constitution and the standards set forth in this bill. In the 
alternative, the Attorney General may conclude that implementing an 
amended program is inappropriate in light of the FISA court's concerns. 
The FISA court would itself be required to notify Congress of its 
decision with respect to the proffered program's constitutionality. 
Finally, the bill requires the Attorney General to submit information 
on the program's scope and effectiveness to the Chairman and Ranking 
Member of the Senate and House Intelligence Committees every 6 months.
  In the case at hand, the Attorney General would be required to 
justify the NSA surveillance program to the FISA court, which would, in 
turn, determine whether the program met all constitutional and legal 
requirements. The court would be required to consider, for example, 
whether members of Al Qaeda were appropriately targeted, whether proper 
minimization techniques were being followed, and whether the program 
satisfied the demands of the Fourth Amendment.
  There are those who will say that we should not act. That currently, 
things are fine. I would remind my colleagues that our enemies are not 
so content to sit still. A country that does not understand that our 
enemy has changed since the 1970s will come to regret it. And a 
Congress that pauses when it should act, denies its duty to adapt to 
the enemy we currently face. But, ultimately, the enemies of democracy 
win when civil liberties are lost. We must maintain our democracy and 
defeat our enemies.
  This legislation does both and I urge my colleagues to support it.

[[Page 3949]]

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2453

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Security 
     Surveillance Act of 2006''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) After the terrorist attacks of September 11, 2001, 
     President Bush authorized the National Security Agency to 
     intercept communications between people inside the United 
     States, including American citizens, and terrorism suspects 
     overseas.
       (2) One of the lessons learned from September 11, 2001, is 
     that the enemies who seek to greatly harm and terrorize our 
     Nation utilize technologies and techniques that defy 
     conventional law enforcement practices.
       (3) The Commander in Chief requires the ability and means 
     to detect and track an enemy that can master and exploit 
     modern technology.
       (4) Although it is essential that the President have all 
     necessary means to protect us against our enemies, it is 
     equally essential that, in doing so, the President does not 
     compromise the very civil liberties that the President seeks 
     to safeguard. As Justice Hugo Black observed, ``The 
     President's power, if any, to issue [an] order must stem 
     either from an Act of Congress or from the Constitution 
     itself.''. Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 
     579, 585 (1952) (opinion by Black, J.).
       (5) In 2004, Justice Sandra Day O'Connor explained in her 
     plurality opinion for the Supreme Court in Hamdi v. Rumsfeld: 
     ``We have long since made clear that a state of war is not a 
     blank check for the President when it comes to the rights of 
     the Nation's citizens. Youngstown Sheet & Tube, 343 U.S., at 
     587, 72 S.Ct. 863. Whatever power the United States 
     Constitution envisions for the Executive in its exchanges 
     with other nations or with enemy organizations in times of 
     conflict, it most assuredly envisions a role for all three 
     branches when individual liberties are at stake.''. Hamdi v. 
     Rumsfeld, 542 U.S. 507, 536 (2004) (citations omitted).
       (6) Similarly, as Justice Jackson famously observed in his 
     Youngstown concurrence: ``When the President acts pursuant to 
     an express or implied authorization of Congress, his 
     authority is at its maximum, for it includes all that he 
     possesses in his own right plus all that Congress can 
     delegate . . . . When the President acts in absence of either 
     a congressional grant or denial of authority, he can only 
     rely upon his own independent powers, but there is a zone of 
     twilight in which he and Congress may have concurrent 
     authority, or in which its distribution is uncertain. 
     Therefore, congressional inertia, indifference or quiescence 
     may sometimes, at least as a practical matter, enable, if not 
     invite, measures on independent presidential responsibility . 
     . . When the President takes measures incompatible with the 
     expressed or implied will of Congress, his power is at its 
     lowest ebb, for then he can rely only upon his own 
     constitutional powers minus any constitutional powers of 
     Congress over the matter. Courts can sustain exclusive 
     Presidential control in such a case only by disabling the 
     Congress from acting upon the subject.''. Youngstown Sheet & 
     Tube Co. v. Sawyer, 343 U.S. 579, 635-38 (1952) (Jackson, J., 
     concurring).
       (7) The Constitution provides Congress with broad powers of 
     oversight over national security and foreign policy, under 
     article I, section 8 of the Constitution of the United 
     States, which confers on Congress numerous powers, including 
     the powers--
       (A) ``To declare War, grant Letters of Marque and Reprisal, 
     and make Rules concerning Captures on Land and Water'';
       (B) ``To raise and support Armies'';
       (C) ``To provide and maintain a Navy'';
       (D) ``To make Rules for the Government and Regulation of 
     the land and naval Forces'';
       (E) ``To provide for calling forth the Militia to execute 
     the Laws of the Union, suppress Insurrections and repel 
     Invasions''; and
       (F) ``To provide for organizing, arming, and disciplining 
     the Militia, and for governing such Part of them as may be 
     employed in the Service of the United States''.
       (8) It is in our Nation's best interest for Congress to use 
     its oversight power to establish a system to ensure that 
     electronic surveillance programs do not infringe on the 
     constitutional rights of Americans, while at the same time 
     making sure that the President has all the powers and means 
     necessary to detect and track our enemies.
       (9) While Attorney General Alberto Gonzales explained that 
     the executive branch reviews the electronic surveillance 
     program of the National Security Agency every 45 days to 
     ensure that the program is not overly broad, it is the belief 
     of Congress that approval and supervision of electronic 
     surveillance programs should be conducted outside of the 
     executive branch, by the Article III court established under 
     section 103 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1803). It is also the belief of Congress that 
     it is appropriate for an Article III court to pass upon the 
     constitutionality of electronic surveillance programs that 
     may implicate the rights of Americans.
       (10) The Foreign Intelligence Surveillance Court is the 
     proper court to approve and supervise classified electronic 
     surveillance programs because it is adept at maintaining the 
     secrecy with which it was charged and it possesses the 
     requisite expertise and discretion for adjudicating sensitive 
     issues of national security.
       (11) In 1975, then-Attorney General Edward Levi, a strong 
     defender of executive authority, testified that in times of 
     conflict, the President needs the power to conduct long-range 
     electronic surveillance and that a foreign intelligence 
     surveillance court should be empowered to issue special 
     warrants in these circumstances.
       (12) This Act clarifies and definitively establishes that 
     the Foreign Intelligence Surveillance Court has the authority 
     to review electronic surveillance programs and pass upon 
     their constitutionality. Such authority is consistent with 
     well-established, longstanding practices.
       (13) The Foreign Intelligence Surveillance Court already 
     has broad authority to approve surveillance of members of 
     international conspiracies, in addition to granting warrants 
     for surveillance of a particular individual under sections 
     104, 105, and 402 of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1804, 1805, and 1842).
       (14) Prosecutors have significant flexibility in 
     investigating domestic conspiracy cases. Courts have held 
     that flexible warrants comply with the fourth amendment to 
     the Constitution of the United States when they relate to 
     complex, far reaching, and multi-faceted criminal enterprises 
     like drug conspiracies and money laundering rings. The courts 
     recognize that applications for search warrants must be 
     judged in a common sense and realistic fashion, and the 
     courts permit broad warrant language where, due to the nature 
     and circumstances of the investigation and the criminal 
     organization, more precise descriptions are not feasible.
       (15) Federal agents investigating international terrorism 
     by foreign enemies are entitled to tools at least as broad as 
     those used by Federal agents investigating domestic crimes by 
     United States citizens. The Supreme Court, in the ``Keith 
     Case'', United States v. United States District Court for the 
     Eastern District of Michigan, 407 U.S. 297 (1972), recognized 
     that the standards and procedures used to fight ordinary 
     crime may not be applicable to cases involving national 
     security. The Court recognized that national ``security 
     surveillance may involve different policy and practical 
     considerations from the surveillance of ordinary crime'' and 
     that courts should be more flexible in issuing warrants in 
     national security cases. United States v. United States 
     District Court for the Eastern District of Michigan, 407 U.S. 
     297, 322 (1972).
       (16) By authorizing the Foreign Intelligence Surveillance 
     Court to review electronic surveillance programs, Congress 
     preserves the ability of the Commander in Chief to use the 
     necessary means to guard our national security, while also 
     protecting the civil liberties and constitutional rights that 
     we cherish.

     SEC. 3. DEFINITIONS.

       The Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801 et seq.) is amended--
       (1) by redesignating title VII as title VIII;
       (2) by redesignating section 701 as section 801; and
       (3) by inserting after title VI the following:

                  ``TITLE VII--ELECTRONIC SURVEILLANCE

     ``SEC. 701. DEFINITIONS.

       ``As used in this title--
       ``(1) the terms `agent of a foreign power', `Attorney 
     General', `foreign intelligence information' ,`foreign 
     power', `international terrorism', `minimization procedures', 
     `person', `United States', and `United States person' have 
     the same meaning as in section 101;
       ``(2) the term `congressional intelligence committees' 
     means the Select Committee on Intelligence of the Senate and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives;
       ``(3) the term `electronic communication' means any 
     transfer of signs, signals, writing, images, sounds, data, or 
     intelligence of any nature transmitted in whole or in part by 
     a wire, radio, electromagnetic, photoelectronic or 
     photooptical system, cable, or other like connection 
     furnished or operated by any person engaged as a common 
     carrier in providing or operating such facilities for the 
     transmission of communications;
       ``(4) the term `electronic surveillance' means the 
     acquisition by an electronic, mechanical, or other 
     surveillance device of the substance of any electronic 
     communication sent by, received by, or intended to be 
     received by a person who is in the United States, where there 
     is a reasonable possibility that the surveillance will 
     intercept communication in which a person in the United 
     States participating in the communication has a reasonable 
     expectation of privacy;
       ``(5) the term `electronic surveillance program' means a 
     program to engage in electronic surveillance--

[[Page 3950]]

       ``(A) to gather foreign intelligence information or to 
     protect against international terrorism or clandestine 
     intelligence activities by obtaining the substance of or 
     information regarding electronic communications sent by, 
     received by, or intended to be received by a foreign power, 
     an agent or agents of a foreign power, or a person or persons 
     who have had communication with a foreign power seeking to 
     commit an act of international terrorism or clandestine 
     intelligence activities against the United States;
       ``(B) where it is not feasible to name every person or 
     address every location to be subjected to electronic 
     surveillance; and
       ``(C) where effective gathering of foreign intelligence 
     information requires an extended period of electronic 
     surveillance;
       ``(6) the term `Foreign Intelligence Surveillance Court' 
     means the court, sitting en banc, established under section 
     103(a);
       ``(7) the term `Foreign Intelligence Surveillance Court of 
     review' means the court established under section 103(b);
       (8) the term `intercept' means the acquisition of the 
     substance of any electronic communication by a person through 
     the use of any electronic, mechanical, or other device; and
       ``(9) the term `substance' means any information concerning 
     the words, purport, or meaning of a communication, and does 
     not include information identifying the sender, origin, or 
     recipient of the communication or the date or time of its 
     transmission.''.

     SEC. 4. FOREIGN INTELLIGENCE SURVEILLANCE COURT JURISDICTION 
                   TO REVIEW ELECTRONIC SURVEILLANCE PROGRAMS.

       Title VII of the Foreign Intelligence Surveillance Act of 
     1978, as amended by section 3, is amended by adding at the 
     end the following:

     ``SEC. 702. FOREIGN INTELLIGENCE SURVEILLANCE COURT 
                   JURISDICTION TO REVIEW ELECTRONIC SURVEILLANCE 
                   PROGRAMS.

       ``(a) In General.--The Foreign Intelligence Surveillance 
     Court shall have jurisdiction to issue an order under this 
     title, lasting not longer than 45 days, that authorizes an 
     electronic surveillance program to obtain foreign 
     intelligence information or to protect against international 
     terrorism or clandestine intelligence activities.
       ``(b) Reauthorization.--In order to continue an electronic 
     surveillance program after the time period described in 
     subsection (a), the Attorney General shall submit a new 
     application under section 703. There shall be no limit on the 
     number of times the Attorney General may seek approval of an 
     electronic surveillance program.
       ``(c) Modifications and Appeal in Event Application Is 
     Denied.--
       ``(1) In general.--In the event that the Foreign 
     Intelligence Surveillance Court refuses to approve an 
     application under subsection (a), the court shall state its 
     reasons in a written opinion.
       ``(2) Opinion.--The court shall submit a written opinion 
     described in paragraph (1) to the Attorney General and to 
     each member of the congressional intelligence committees (or 
     any subcommittee thereof designated for oversight of 
     electronic surveillance programs under this title).
       ``(3) Resubmission or appeal.--The Attorney General shall 
     be permitted to submit a new application under section 703 
     for the electronic surveillance program, reflecting 
     modifications to address the concerns set forth in the 
     written opinion of the Foreign Intelligence Surveillance 
     Court. There shall be no limit on the number of times the 
     Attorney General may seek approval of an electronic 
     surveillance program. Alternatively, the Attorney General 
     shall be permitted to appeal the decision of the Foreign 
     Intelligence Surveillance Court to the Foreign Intelligence 
     Surveillance Court of Review.
       ``(d) Communications Subject to This Title.--
       ``(1) In general.--The provisions of this title requiring 
     authorization by the Foreign Intelligence Surveillance Court 
     apply only to interception of the substance of electronic 
     communications sent by, received by, or intended to be 
     received by a person who is in the United States, where there 
     is a reasonable possibility that a participant in the 
     communication has a reasonable expectation of privacy.
       ``(2) Exclusion.--The provisions of this title requiring 
     authorization by the Foreign Intelligence Surveillance Court 
     do not apply to information identifying the sender, origin, 
     or recipient of the electronic communication or the date or 
     time of its transmission that is obtained without review of 
     the substance of the electronic communication.
       ``(e) Existing Programs Subject to This Title.--
       ``(1) In general.--The Attorney General shall submit an 
     application to the Foreign Intelligence Surveillance Court 
     for any electronic surveillance program to obtain foreign 
     intelligence information or to protect against international 
     terrorism or clandestine intelligence activities.
       ``(2) Existing programs.--Not later than 45 days after the 
     date of enactment of this title, the Attorney General shall 
     submit an application under this title for approval of the 
     electronic surveillance program sometimes referred to as the 
     `Terrorist Surveillance Program' and discussed by the 
     Attorney General before the Committee on the Judiciary of the 
     United States Senate on February 6, 2006. Not later than 120 
     days after the date of enactment of this title, the Attorney 
     General shall submit applications under this title for 
     approval of any other electronic surveillance program in 
     existence on the date of enactment of this title that has not 
     been submitted to the Foreign Intelligence Surveillance 
     Court.''.

     SEC. 5. APPLICATIONS FOR APPROVAL OF ELECTRONIC SURVEILLANCE 
                   PROGRAMS.

       Title VII of the Foreign Intelligence Surveillance Act of 
     1978, as amended by section 4, is amended by adding at the 
     end the following:

     ``SEC. 703. APPLICATIONS FOR APPROVAL OF ELECTRONIC 
                   SURVEILLANCE PROGRAMS.

       ``(a) In General.--Each application for approval of an 
     electronic surveillance program under this title shall--
       ``(1) be made by the Attorney General;
       ``(2) include a statement of the authority conferred on the 
     Attorney General by the President of the United States;
       ``(3) include a statement setting forth the legal basis for 
     the conclusion by the Attorney General that the electronic 
     surveillance program is consistent with the requirements of 
     the Constitution of the United States;
       ``(4) certify that the information sought cannot reasonably 
     be obtained by conventional investigative techniques or 
     through an application under section 104;
       ``(5) include the name, if known, identity, or description 
     of the foreign power or agent of a foreign power seeking to 
     commit an act of international terrorism or clandestine 
     intelligence activities against the United States that the 
     electronic surveillance program seeks to monitor or detect;
       ``(6) include a statement of the means and operational 
     procedures by which the surveillance will be executed and 
     effected;
       ``(7) include a statement of the facts and circumstances 
     relied upon by the Attorney General to justify the belief 
     that at least 1 of the participants in the communications to 
     be intercepted by the electronic surveillance program will be 
     the foreign power or agent of a foreign power that is 
     specified under paragraph (5), or a person who has had 
     communication with the foreign power or agent of a foreign 
     power that is specified under paragraph (5), and is seeking 
     to commit an act of international terrorism or clandestine 
     intelligence activities against the United States;
       ``(8) include a statement of the proposed minimization 
     procedures;
       ``(9) include a detailed description of the nature of the 
     information sought and the type of communication to be 
     intercepted by the electronic surveillance program;
       ``(10) include an estimate of the number of communications 
     to be intercepted by the electronic surveillance program 
     during the requested authorization period;
       ``(11) specify the date that the electronic surveillance 
     program that is the subject of the application was initiated, 
     if it was initiated before submission of the application;
       ``(12) certify that any electronic surveillance of a person 
     in the United States under this title shall cease 45 days 
     after the date of the authorization, unless the Government 
     has obtained judicial authorization for continued 
     surveillance of the person in the United States under section 
     104 or another Federal statute;
       ``(13) include a statement of the facts concerning all 
     previous applications that have been made to the Foreign 
     Intelligence Surveillance Court under this title involving 
     the electronic surveillance program in the application, 
     including the minimization procedures and the means and 
     operational procedures proposed, and the Foreign Intelligence 
     Surveillance Court's decision on each previous application; 
     and
       ``(14) include a statement of the facts concerning the 
     implementation of the electronic surveillance program 
     described in the application, including, for any period of 
     operation of the program authorized at least 45 days prior to 
     the date of submission of the application--
       ``(A) the minimization procedures implemented;
       ``(B) the means and operational procedures by which the 
     surveillance was executed and effected;
       ``(C) the number of communications subjected to the 
     electronic surveillance program;
       ``(D) the identity, if known, or a description of any 
     United States person whose communications sent or received in 
     the United States were intercepted by the electronic 
     surveillance program; and
       ``(E) a description of the foreign intelligence information 
     obtained through the electronic surveillance program.
       ``(b) Additional Information.--The Foreign Intelligence 
     Surveillance Court may require the Attorney General to 
     furnish such other information as may be necessary to make a 
     determination under section 704.''.

     SEC. 6. APPROVAL OF ELECTRONIC SURVEILLANCE PROGRAMS.

       Title VII of the Foreign Intelligence Surveillance Act of 
     1978, as amended by section 5, is amended by adding at the 
     end the following:

     ``SEC. 704. APPROVAL OF ELECTRONIC SURVEILLANCE PROGRAMS.

       ``(a) Necessary Findings.--Upon receipt of an application 
     under section 703, the Foreign

[[Page 3951]]

     Intelligence Surveillance Court shall enter an ex parte order 
     as requested, or as modified, approving the electronic 
     surveillance program if it finds that--
       ``(1) the President has authorized the Attorney General to 
     make the application for electronic surveillance for foreign 
     intelligence information;
       ``(2) approval of the electronic surveillance program in 
     the application is consistent with the duty of the Foreign 
     Intelligence Surveillance Court to uphold the Constitution of 
     the United States;
       ``(3) there is probable cause to believe that the 
     electronic surveillance program will intercept communications 
     of the foreign power or agent of a foreign power specified in 
     the application, or a person who has had communication with 
     the foreign power or agent of a foreign power that is 
     specified in the application and is seeking to commit an act 
     of international terrorism or clandestine intelligence 
     activities against the United States;
       ``(4) the proposed minimization procedures meet the 
     definition of minimization procedures under section 101 (h);
       ``(5) the application contains all statements and 
     certifications required by section 703; and
       ``(6) an evaluation of the implementation of the electronic 
     surveillance program, as described in subsection (b), 
     supports approval of the application.
       ``(b) Evaluation of the Implementation of the Electronic 
     Surveillance Program.--In determining whether the 
     implementation of the electronic surveillance program 
     supports approval of the application for purposes of 
     subsection (a)(6), the Foreign Intelligence Surveillance 
     Court shall consider the performance of the electronic 
     surveillance program for at least 3 previously authorized 
     periods, to the extent such information is available, and 
     shall--
       ``(1) evaluate whether the electronic surveillance program 
     has been implemented in accordance with the proposal by the 
     Federal Government by comparing--
       ``(A) the minimization procedures proposed with the 
     minimization procedures implemented;
       ``(B) the nature of the information sought with the nature 
     of the information obtained; and
       ``(C) the means and operational procedures proposed with 
     the means and operational procedures implemented;
       ``(2) consider the number of communications intercepted by 
     the electronic surveillance program and the length of time 
     the electronic surveillance program has been in existence; 
     and
       ``(3) consider the effectiveness of the electronic 
     surveillance program, as reflected by the foreign 
     intelligence information obtained.''.

     SEC. 7. CONGRESSIONAL OVERSIGHT.

       Title VII of the Foreign Intelligence Surveillance Act of 
     1978, as amended by section 6, is amended by adding at the 
     end the following:

     ``SEC. 705. CONGRESSIONAL OVERSIGHT.

       ``(a) In Genera1.--The President shall submit to each 
     member of the congressional , intelligence committees (or any 
     subcommittee thereof designated for oversight of electronic 
     surveillance programs under this title) a report on the 
     management and operational details of the electronic 
     surveillance program generally and on any specific 
     surveillance conducted under the electronic surveillance 
     program whenever requested by either of the committees, or 
     any such subcommittee, as applicable.
       ``(b) Semi-Annual Reports.--
       ``(1) In general.--In addition to any reports required 
     under subsection (a), the President shall, not later than 6 
     months after the date of enactment of this Act and every 6 
     months thereafter, fully inform each member of the 
     congressional intelligence committees (or any subcommittee 
     thereof designated for oversight of electronic surveillance 
     programs under this title) on all electronic surveillance 
     conducted under the electronic surveillance program.
       ``(2) Contents.--Each report under paragraph (1) shall 
     include the following:
       ``(A) A complete discussion of the management, operational 
     details, effectiveness, and necessity of the electronic 
     surveillance program generally, and of the management, 
     operational details, effectiveness, and necessity of all 
     electronic surveillance conducted under the program, during 
     the 6-month period ending on the date of such report.
       ``(B) The total number of targets of electronic 
     surveillance commenced or continued under the electronic 
     surveillance program.
       ``(C) The total number of United States persons targeted 
     for electronic surveillance under the electronic surveillance 
     program.
       ``(D) The total number of targets of electronic 
     surveillance under the electronic surveillance program for 
     which an application was submitted under section 104 for an 
     order under section 105 approving electronic surveillance, 
     and, of such applications, the total number either granted, 
     modified, or denied.
       ``(E) Any other information specified, in writing, to be 
     included in such report by the congressional intelligence 
     committees or any subcommittees thereof designated for 
     oversight of the electronic surveillance program.
       ``(F) A description of the nature of the information sought 
     under the electronic surveillance program, the types of 
     communications subjected to such program, and whether the 
     information sought under such program could be reasonably 
     obtained by less intrusive investigative techniques in a 
     timely and effective manner.
       ``(c) Form of Reports.--Any report or information submitted 
     under this section shall be submitted in classified form.''.

     SEC. 8. EMERGENCY AUTHORIZATION.

       Title VII of the Foreign Intelligence Surveillance Act of 
     1978, as amended by section 6, is amended by adding at the 
     end the following:

     ``SEC. 706. EMERGENCY AUTHORIZATION.

       ``Notwithstanding any other provision of law, the 
     President, through the Attorney General, may authorize 
     electronic surveillance without a court order under this 
     title to acquire foreign intelligence information for a 
     period not to exceed 45 days following a declaration of war 
     by Congress.''.

     SEC. 9. CONFORMING AMENDMENT.

       The table of contents for the Foreign Intelligence 
     Surveillance Act of 1978 is amended I by striking the items 
     related to title VII and section 701 and inserting the 
     following:

                  ``TITLE VII--ELECTRONIC SURVEILLANCE

``Sec. 701. Definitions.
``Sec. 702. Foreign Intelligence Surveillance Court jurisdiction to 
              review electronic surveillance programs.
``Sec. 703. Applications for approval of electronic surveillance 
              programs.
``Sec. 704. Approval of electronic surveillance programs.
``Sec. 705. Congressional oversight.
``Sec. 706. Emergency Authorization.

                      ``TITLE VIII--EFFECTIVE DATE

``Sec. 801. Effective date.''.
                                 ______
                                 
      By Mr. FRIST:
  S. 2454. A bill to amend the Immigration and Nationality Act to 
provide for comprehensive reform and for other purposes; placed on the 
calendar.
  Mr. FRIST. Mr. President, I ask unanimous consent that the text of 
the bill and a section by section analysis be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2454

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Securing 
     America's Borders Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

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

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

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North 
              American security.
Sec. 114. Improving the security of Mexico's southern border.

             Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure Border Initiative financial accountability.

                     TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence, 
              removal, and alien smuggling.
Sec. 206. Illegal entry or unlawful presence of an alien.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration 
              fraud offenses.

[[Page 3952]]

Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United 
              States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of 
              firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration, 
              naturalization, and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Denial of benefits to terrorists and criminals.
Sec. 218. State criminal alien assistance program.
Sec. 219. Transportation and processing of illegal aliens apprehended 
              by State and local law enforcement officers.
Sec. 220. State and local law enforcement of Federal immigration laws.
Sec. 221. Reducing illegal immigration and alien smuggling on tribal 
              lands.
Sec. 222. Alternatives to detention.
Sec. 223. Conforming amendment.
Sec. 224. Reporting requirements.
Sec. 225. Mandatory detention for aliens apprehended at or between 
              ports of entry.
Sec. 226. Removal of drunk drivers.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders
Sec. 229. Law enforcement authority of States and political 
              subdivisions and transfer to Federal custody.
Sec. 230. Listing of immigration violators in the National Crime 
              Information Center database.
Sec. 231. Laundering of monetary instruments.
Sec. 232. Severability.

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

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

  TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS AND ALIENS WITH 
                            ADVANCED DEGREES

Sec. 401. Elimination of existing backlogs.
Sec. 402. Country limits.
Sec. 403. Allocation of immigrant visas.
Sec. 404. Relief for minor children.
Sec. 405. Student visas.
Sec. 406. Visas for individuals with advanced degrees.
Sec. 407. Medical services in underserved areas.

               TITLE V--IMMIGRATION LITIGATION REDUCTION

Sec. 501. Consolidation of immigration appeals.
Sec. 502. Additional immigration personnel.
Sec. 503. Board of immigration appeals removal order authority.
Sec. 504. Judicial review of visa revocation.
Sec. 505. Reinstatement of removal orders.
Sec. 506. Withholding of removal.
Sec. 507. Certificate of reviewability.
Sec. 508. Discretionary decisions on motions to reopen or reconsider.
Sec. 509. Prohibition of attorney fee awards for review of final orders 
              of removal.
Sec. 510. Board of Immigration Appeals.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Technical and conforming amendments.

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

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

     SEC. 3. DEFINITIONS.

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

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

     SEC. 101. ENFORCEMENT PERSONNEL.

       (a) Additional Personnel.--
       (1) Customs and border protection officers.--In each of the 
     fiscal years 2007 through 2011, the Secretary shall, subject 
     to the availability of appropriations, increase by not less 
     than 250 the number of positions for full-time active duty 
     Customs and Border Protection officers.
       (2) Port of entry inspectors.--In each of the fiscal years 
     2007 through 2011, the Secretary shall, subject to the 
     availability of appropriations, increase by not less than 250 
     the number of positions for full-time active duty port of 
     entry inspectors and provide appropriate training, equipment, 
     and support to such additional inspectors.
       (3) Border patrol agent.--Section 5202 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458; 118 Stat. 3734) is amended--
       (A) by striking ``2010'' both places it appears and 
     inserting ``2011''; and
       (B) by striking ``2,000'' and inserting ``2,400''.
       (4) Investigative personnel.--
       (A) Immigration and customs enforcement inspectors.--
     Section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) 
     is amended by striking ``800'' and inserting ``1000''.
       (B) Additional personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004, as amended by subparagraph 
     (A), during each of the fiscal years 2007 through 2011, the 
     Secretary shall, subject to the availability of 
     appropriations, increase by not less than 200 the number of 
     positions for personnel within the Department assigned to 
     investigate alien smuggling.
       (b) Authorization of Appropriations.--
       (1) Customs and border protection officers.--There are 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary for each of the fiscal years 2007 through 
     2011 to carry out paragraph (1) of subsection (a).
       (2) Port of entry inspectors.--There are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for each of the fiscal years 2007 through 2011 to carry out 
     paragraph (2) of subsection (a).
       (3) Border patrol agents.--There are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for each of fiscal years 2007 through 2011 to carry out 
     section 5202 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734), 
     as amended by subsection (a)(3).

     SEC. 102. TECHNOLOGICAL ASSETS.

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

     SEC. 103. INFRASTRUCTURE.

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

     SEC. 104. BORDER PATROL CHECKPOINTS.

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

     SEC. 105. PORTS OF ENTRY.

       The Secretary is authorized to--
       (1) construct additional ports of entry along the 
     international land borders of the

[[Page 3953]]

     United States, at locations to be determined by the 
     Secretary; and
       (2) make necessary improvements to the ports of entry in 
     existence on the date of the enactment of this Act.

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

       (a) Tucson Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Tucson Sector located proximate to population 
     centers in Douglas, Nogales, Naco, and Lukeville, Arizona 
     with double- or triple-layered fencing running parallel to 
     the international border between the United States and 
     Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas, except 
     that the double- or triple-layered fence shall extend west of 
     Naco, Arizona, for a distance of 25 miles; and
       (3) construct not less than 150 miles of vehicle barriers 
     and all-weather roads in the Tucson Sector running parallel 
     to the international border between the United States and 
     Mexico in areas that are known transit points for illegal 
     cross-border traffic.
       (b) Yuma Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Yuma Sector located proximate to population 
     centers in Yuma, Somerton, and San Luis, Arizona with double- 
     or triple-layered fencing running parallel to the 
     international border between the United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas in the 
     Yuma Sector.
       (3) construct not less than 50 miles of vehicle barriers 
     and all-weather roads in the Yuma Sector running parallel to 
     the international border between the United States and Mexico 
     in areas that are known transit points for illegal cross-
     border traffic.
       (c) Construction Deadline.--The Secretary shall immediately 
     commence construction of the fencing, barriers, and roads 
     described in subsections (a) and (b), and shall complete such 
     construction not later than 2 years after the date of the 
     enactment of this Act.
       (d) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes the progress that has been made in 
     constructing the fencing, barriers, and roads described in 
     subsections (a) and (b).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

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

     SEC. 111. SURVEILLANCE PLAN.

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

     SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

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

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

       (a) Requirement for Reports.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary of State, in coordination with the 
     Secretary and the heads of other appropriate Federal 
     agencies, shall submit to Congress a report on improving the 
     exchange of information related to the security of North 
     America.
       (b) Contents.--Each report submitted under subsection (a) 
     shall contain a description of the following:
       (1) Security clearances and document integrity.--The 
     progress made toward the development of common enrollment, 
     security,

[[Page 3954]]

     technical, and biometric standards for the issuance, 
     authentication, validation, and repudiation of secure 
     documents, including--
       (A) technical and biometric standards based on best 
     practices and consistent with international standards for the 
     issuance, authentication, validation, and repudiation of 
     travel documents, including--
       (i) passports;
       (ii) visas; and
       (iii) permanent resident cards;
       (B) working with Canada and Mexico to encourage foreign 
     governments to enact laws to combat alien smuggling and 
     trafficking, and laws to forbid the use and manufacture of 
     fraudulent travel documents and to promote information 
     sharing;
       (C) applying the necessary pressures and support to ensure 
     that other countries meet proper travel document standards 
     and are committed to travel document verification before the 
     citizens of such countries travel internationally, including 
     travel by such citizens to the United States; and
       (D) providing technical assistance for the development and 
     maintenance of a national database built upon identified best 
     practices for biometrics associated with visa and travel 
     documents.
       (2) Immigration and visa management.--The progress of 
     efforts to share information regarding high-risk individuals 
     who may attempt to enter Canada, Mexico, or the United 
     States, including the progress made--
       (A) in implementing the Statement of Mutual Understanding 
     on Information Sharing, signed by Canada and the United 
     States in February 2003; and
       (B) in identifying trends related to immigration fraud, 
     including asylum and document fraud, and to analyze such 
     trends.
       (3) Visa policy coordination and immigration security.--The 
     progress made by Canada, Mexico, and the United States to 
     enhance the security of North America by cooperating on visa 
     policy and identifying best practices regarding immigration 
     security, including the progress made--
       (A) in enhancing consultation among officials who issue 
     visas at the consulates or embassies of Canada, Mexico, or 
     the United States throughout the world to share information, 
     trends, and best practices on visa flows;
       (B) in comparing the procedures and policies of Canada and 
     the United States related to visitor visa processing, 
     including--
       (i) application process;
       (ii) interview policy;
       (iii) general screening procedures;
       (iv) visa validity;
       (v) quality control measures; and
       (vi) access to appeal or review;
       (C) in exploring methods for Canada, Mexico, and the United 
     States to waive visa requirements for nationals and citizens 
     of the same foreign countries;
       (D) in providing technical assistance for the development 
     and maintenance of a national database built upon identified 
     best practices for biometrics associated with immigration 
     violators;
       (E) in developing and implementing an immigration security 
     strategy for North America that works toward the development 
     of a common security perimeter by enhancing technical 
     assistance for programs and systems to support advance 
     automated reporting and risk targeting of international 
     passengers;
       (F) in sharing information on lost and stolen passports on 
     a real-time basis among immigration or law enforcement 
     officials of Canada, Mexico, and the United States; and
       (G) in collecting 10 fingerprints from each individual who 
     applies for a visa.
       (4) North american visitor overstay program.--The progress 
     made by Canada and the United States in implementing parallel 
     entry-exit tracking systems that, while respecting the 
     privacy laws of both countries, share information regarding 
     third country nationals who have overstayed their period of 
     authorized admission in either Canada or the United States.
       (5) Terrorist watch lists.--The progress made in enhancing 
     the capacity of the United States to combat terrorism through 
     the coordination of counterterrorism efforts, including the 
     progress made--
       (A) in developing and implementing bilateral agreements 
     between Canada and the United States and between Mexico and 
     the United States to govern the sharing of terrorist watch 
     list data and to comprehensively enumerate the uses of such 
     data by the governments of each country;
       (B) in establishing appropriate linkages among Canada, 
     Mexico, and the United States Terrorist Screening Center; and
       (C) in exploring with foreign governments the establishment 
     of a multilateral watch list mechanism that would facilitate 
     direct coordination between the country that identifies an 
     individual as an individual included on a watch list, and the 
     country that owns such list, including procedures that 
     satisfy the security concerns and are consistent with the 
     privacy and other laws of each participating country.
       (6) Money laundering, currency smuggling, and alien 
     smuggling.--The progress made in improving information 
     sharing and law enforcement cooperation in combating 
     organized crime, including the progress made--
       (A) in combating currency smuggling, money laundering, 
     alien smuggling, and trafficking in alcohol, firearms, and 
     explosives;
       (B) in implementing the agreement between Canada and the 
     United States known as the Firearms Trafficking Action Plan;
       (C) in determining the feasibility of formulating a 
     firearms trafficking action plan between Mexico and the 
     United States;
       (D) in developing a joint threat assessment on organized 
     crime between Canada and the United States;
       (E) in determining the feasibility of formulating a joint 
     threat assessment on organized crime between Mexico and the 
     United States;
       (F) in developing mechanisms to exchange information on 
     findings, seizures, and capture of individuals transporting 
     undeclared currency; and
       (G) in developing and implementing a plan to combat the 
     transnational threat of illegal drug trafficking.
       (7) Law enforcement cooperation.--The progress made in 
     enhancing law enforcement cooperation among Canada, Mexico, 
     and the United States through enhanced technical assistance 
     for the development and maintenance of a national database 
     built upon identified best practices for biometrics 
     associated with known and suspected criminals or terrorists, 
     including exploring the formation of law enforcement teams 
     that include personnel from the United States and Mexico, and 
     appropriate procedures for such teams.

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

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

             Subtitle C--Other Border Security Initiatives

     SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

       Not later than October 1, 2007, the Secretary shall--
       (1) in consultation with the Attorney General, enhance 
     connectivity between the Automated Biometric Fingerprint 
     Identification System (IDENT) of the Department and the 
     Integrated Automated Fingerprint Identification System 
     (IAFIS) of the Federal Bureau of Investigation to ensure more 
     expeditious data searches; and
       (2) in consultation with the Secretary of State, collect 
     all fingerprints from each

[[Page 3955]]

     alien required to provide fingerprints during the alien's 
     initial enrollment in the integrated entry and exit data 
     system described in section 110 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1365a).

     SEC. 122. SECURE COMMUNICATION.

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

     SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

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

     SEC. 124. US-VISIT SYSTEM.

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

     SEC. 125. DOCUMENT FRAUD DETECTION.

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

     SEC. 126. IMPROVED DOCUMENT INTEGRITY.

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

     SEC. 127. CANCELLATION OF VISAS.

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

     SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

       (a) Collection of Biometric Data From Aliens Departing the 
     United States.--Section 215 (8 U.S.C. 1185) is amended--
       (1) by redesignating subsection (c) as subsection (g);
       (2) by moving subsection (g), as redesignated by paragraph 
     (1), to the end; and
       (3) by inserting after subsection (b) the following:
       ``(c) The Secretary of Homeland Security is authorized to 
     require aliens departing the United States to provide 
     biometric data and other information relating to their 
     immigration status.''.
       (b) Inspection of Applicants for Admission.--Section 235(d) 
     (8 U.S.C. 1225(d)) is amended by adding at the end the 
     following:
       ``(5) Authority to collect biometric data.--In conducting 
     inspections under subsection (b), immigration officers are 
     authorized to collect biometric data from--
       ``(A) any applicant for admission or alien seeking to 
     transit through the United States; or
       ``(B) any lawful permanent resident who is entering the 
     United States and who is not regarded as seeking admission 
     pursuant to section 101(a)(13)(C).''.
       (c) Collection of Biometric Data From Alien Crewmen.--
     Section 252 (8 U.S.C. 1282) is amended by adding at the end 
     the following:
       ``(d) An immigration officer is authorized to collect 
     biometric data from an alien crewman seeking permission to 
     land temporarily in the United States.''.
       (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 
     1182) is amended--
       (1) in subsection (a)(7), by adding at the end the 
     following:
       ``(C) Withholders of biometric data.--Any alien who 
     knowingly fails to comply with a lawful request for biometric 
     data under section 215(c) or 235(d) is inadmissible.''; and
       (2) in subsection (d), by inserting after paragraph (1) the 
     following:
       ``(2) The Secretary of Homeland Security shall determine 
     whether a ground for inadmissibility exists with respect to 
     an alien described in subparagraph (C) of subsection (a)(7) 
     and may waive the application of such subparagraph for an 
     individual alien or a class of aliens, at the discretion of 
     the Secretary.''.
       (e) Implementation.--Section 7208 of the 9/11 Commission 
     Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(3) Implementation.--In fully implementing the automated 
     biometric entry and exit data system under this section, the 
     Secretary is not required to comply with the requirements of 
     chapter 5 of title 5, United States Code (commonly referred 
     to as the Administrative Procedure Act) or any other law 
     relating to rulemaking, information collection, or 
     publication in the Federal Register.''; and
       (2) in subsection (l)--
       (A) by striking ``There are authorized'' and inserting the 
     following:
       ``(1) In general.--There are authorized''; and
       (B) by adding at the end the following:
       ``(2) Implementation at all land border ports of entry.--
     There are authorized to be appropriated such sums as may be 
     necessary for each of fiscal years 2007 and 2008 to implement 
     the automated biometric entry and exit data system at all 
     land border ports of entry.''.

[[Page 3956]]



     SEC. 129. BORDER STUDY.

       (a) Southern Border Study.--The Secretary, in consultation 
     with the Attorney General, the Secretary of the Interior, the 
     Secretary of Agriculture, the Secretary of Defense, the 
     Secretary of Commerce, and the Administrator of the 
     Environmental Protection Agency, shall conduct a study on the 
     construction of a system of physical barriers along the 
     southern international land and maritime border of the United 
     States. The study shall include--
       (1) an assessment of the necessity of constructing such a 
     system, including the identification of areas of high 
     priority for the construction of such a system determined 
     after consideration of factors including the amount of 
     narcotics trafficking and the number of illegal immigrants 
     apprehended in such areas;
       (2) an assessment of the feasibility of constructing such a 
     system;
       (3) an assessment of the international, national, and 
     regional environmental impact of such a system, including the 
     impact on zoning, global climate change, ozone depletion, 
     biodiversity loss, and transboundary pollution;
       (4) an assessment of the necessity for ports of entry along 
     such a system;
       (5) an assessment of the impact such a system would have on 
     international trade, commerce, and tourism;
       (6) an assessment of the effect of such a system on private 
     property rights including issues of eminent domain and 
     riparian rights;
       (7) an estimate of the costs associated with building a 
     barrier system, including costs associated with excavation, 
     construction, and maintenance; and
       (8) an assessment of the effect of such a system on Indian 
     reservations and units of the National Park System.
       (b) Report.--Not later than 9 months after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study described in subsection (a).

     SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

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

                     TITLE II--INTERIOR ENFORCEMENT

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

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

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

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

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

       (a) In General.--
       (1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is 
     amended--
       (A) by striking ``Attorney General'' the first place it 
     appears and inserting ``Secretary of Homeland Security'';
       (B) by striking ``Attorney General'' any other place it 
     appears and inserting ``Secretary'';
       (C) in paragraph (1)--
       (i) in subparagraph (B), by amending clause (ii) to read as 
     follows:
       ``(ii) If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of the removal of the alien, 
     the expiration date of the stay of removal.''.
       (ii) by amending subparagraph (C) to read as follows:
       ``(C) Extension of period.--The removal period shall be 
     extended beyond a period of 90 days and the alien may remain 
     in detention during such extended period if the alien fails 
     or refuses to--

[[Page 3957]]

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

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

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

       ``(I) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(II) after receipt of a written recommendation from the 
     Secretary of State, that the release of the alien would 
     likely have serious adverse foreign policy consequences for 
     the United States;

       ``(III) based on information available to the Secretary 
     (including classified, sensitive, or national security 
     information, and regardless of the grounds upon which the 
     alien was ordered removed), that there is reason to believe 
     that the release of the alien would threaten the national 
     security of the United States;
       ``(IV) that--

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

       ``(V) that--

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

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

[[Page 3958]]

     documents necessary to the alien's departure; or
       ``(cc) conspired or acted to prevent removal; or

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

     SEC. 203. AGGRAVATED FELONY.

       Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended--
       (1) by striking ``The term `aggravated felony' means--'' 
     and inserting ``Notwithstanding any other provision of law 
     (including any provision providing an effective date), the 
     term `aggravated felony' applies to an offense described in 
     this paragraph, whether in violation of Federal or State law 
     and to such an offense in violation of the law of a foreign 
     country, for which the term of imprisonment was completed 
     within the previous 15 years, even if the length of the term 
     of imprisonment is based on recidivist or other enhancements 
     and regardless of whether the conviction was entered before, 
     on, or after September 30, 1996, and means--'';
       (2) in subparagraph (N), by striking ``paragraph (1)(A) or 
     (2) of'';
       (3) in subparagraph (O), by striking ``section 275(a) or 
     276 committed by an alien who was previously deported on the 
     basis of a conviction for an offense described in another 
     subparagraph of this paragraph'' and inserting ``section 275 
     or 276 for which the term of imprisonment is at least 1 
     year'';
       (4) in subparagraph (U), by striking ``an attempt or 
     conspiracy to commit an offense described in this paragraph'' 
     and inserting ``aiding or abetting an offense described in 
     this paragraph, or soliciting, counseling, procuring, 
     commanding, or inducing another, attempting, or conspiring to 
     commit such an offense''; and
       (5) by striking the undesignated matter following 
     subparagraph (U).

     SEC. 204. TERRORIST BARS.

       (a) Definition of Good Moral Character.--Section 101(f) (8 
     U.S.C. 1101(f)) is amended--
       (1) by inserting after paragraph (1) the following:
       ``(2) an alien described in section 212(a)(3) or 237(a)(4), 
     as determined by the Secretary of Homeland Security or 
     Attorney General based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information;'';
       (2) in paragraph (8), by striking ``(as defined in 
     subsection (a)(43))'' and inserting the following: ``, 
     regardless of whether the crime was defined as an aggravated 
     felony under subsection (a)(43) at the time of the 
     conviction, unless--
       ``(A) the person completed the term of imprisonment and 
     sentence not later than 10 years before the date of 
     application; and
       ``(B) the Secretary of Homeland Security or the Attorney 
     General waives the application of this paragraph; or''; and
       (3) in the undesignated matter following paragraph (9), by 
     striking ``a finding that for other reasons such person is or 
     was not of good moral character'' and inserting the 
     following: ``a discretionary finding for other reasons that 
     such a person is or was not of good moral character. In 
     determining an applicant's moral character, the Secretary of 
     Homeland Security and the Attorney General may take into 
     consideration the applicant's conduct and acts at any time 
     and are not limited to the period during which good moral 
     character is required.''.
       (b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) 
     is amended by adding at the end the following: ``A petition 
     may not be approved under this section if there is any 
     administrative or judicial proceeding (whether civil or 
     criminal) pending against the petitioner that could directly 
     or indirectly result in the petitioner's denaturalization or 
     the loss of the petitioner's lawful permanent resident 
     status.''.
       (c) Conditional Permanent Resident Status.--
       (1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is 
     amended by inserting ``if the alien has had the conditional 
     basis removed pursuant to this section'' before the period at 
     the end.
       (2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C. 
     1186b(e)) is amended by inserting ``if the alien has had the 
     conditional basis removed pursuant to this section'' before 
     the period at the end.
       (d) Judicial Review of Naturalization Applications.--
     Section 310(c) (8 U.S.C. 1421(c)) is amended--
       (1) by inserting ``, not later than 120 days after the 
     Secretary of Homeland Security's final determination,'' after 
     ``may''; and
       (2) by adding at the end the following: ``The petitioner 
     shall have the burden of showing that the Secretary's denial 
     of the application was contrary to law. Except in a 
     proceeding under section 340, and notwithstanding any other 
     provision of law, no court shall have jurisdiction to 
     determine, or to review a determination of the Secretary 
     regarding, whether, for purposes of an application for 
     naturalization, an alien--
       ``(1) is a person of good moral character;
       ``(2) understands and is attached to the principles of the 
     Constitution of the United States; or
       ``(3) is well disposed to the good order and happiness of 
     the United States.''.
       (e) Persons Endangering National Security.--Section 316 (8 
     U.S.C. 1427) is amended by adding at the end the following:
       ``(g) Persons Endangering the National Security.--A person 
     may not be naturalized if the Secretary of Homeland Security 
     determines, based upon any relevant information or evidence, 
     including classified, sensitive, or national security 
     information, that the person was once an alien described in 
     section 212(a)(3) or 237(a)(4).''.
       (f) Concurrent Naturalization and Removal Proceedings.--
     Section 318 (8 U.S.C. 1429) is amended by striking ``the 
     Attorney General if'' and all that follows and inserting: 
     ``the Secretary of Homeland Security or any court if there is 
     pending against the applicant any removal proceeding or other 
     proceeding to determine the applicant's inadmissibility or 
     deportability, or to determine whether the applicant's lawful 
     permanent resident status should be rescinded, regardless of 
     when such proceeding was commenced. The findings of the 
     Attorney General in terminating removal proceedings or 
     canceling the removal of an alien under this Act shall not be 
     deemed binding in any way upon the Secretary of Homeland 
     Security with respect to the question of whether such person 
     has established eligibility for naturalization in accordance 
     with this title.''.
       (g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 
     1447(b)) is amended to read as follows:
       ``(b) Request for Hearing Before District Court.--If there 
     is a failure to render a final administrative decision under 
     section 335 before the end of the 180-day period beginning on 
     the date on which the Secretary of Homeland Security 
     completes all examinations and interviews required under such 
     section, the applicant may apply to the district court for 
     the district in which the applicant resides for a hearing on 
     the matter. Such district court shall only have jurisdiction 
     to review the basis for delay and remand the matter to the 
     Secretary of Homeland Security for the Secretary's 
     determination on the application.''.
       (h) Effective Date.--The amendments made by this section--
       (1) shall take effect on the date of the enactment of this 
     Act;
       (2) shall apply to any act that occurred before, on, or 
     after such date of enactment; and
       (3) shall apply to any application for naturalization or 
     any other case or matter under the immigration laws pending 
     on, or filed after, such date of enactment.

[[Page 3959]]



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

       (a) Criminal Street Gangs.--
       (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
     1182(a)(2)) is amended--
       (A) by redesignating subparagraph (F) as subparagraph (J); 
     and
       (B) by inserting after subparagraph (E) the following:
       ``(F) Members of criminal street gangs.--Unless the 
     Secretary of Homeland Security or the Attorney General waives 
     the application of this subparagraph, any alien who a 
     consular officer, the Attorney General, or the Secretary of 
     Homeland Security knows or has reason to believe--
       ``(i) is, or has been, a member of a criminal street gang 
     (as defined in section 521(a) of title 18, United States 
     Code); or
       ``(ii) has participated in the activities of a criminal 
     street gang, knowing or having reason to know that such 
     activities promoted, furthered, aided, or supported the 
     illegal activity of the criminal gang,
     is inadmissible.''.
       (2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) 
     is amended by adding at the end the following:
       ``(F) Members of criminal street gangs.--Unless the 
     Secretary of Homeland Security or the Attorney General waives 
     the application of this subparagraph, any alien who the 
     Secretary of Homeland Security or the Attorney General knows 
     or has reason to believe--
       ``(i) is, or at any time after admission has been, a member 
     of a criminal street gang (as defined in section 521(a) of 
     title 18, United States Code); or
       ``(ii) has participated in the activities of a criminal 
     street gang, knowing or having reason to know that such 
     activities promoted, furthered, aided, or supported the 
     illegal activity of the criminal gang,
     is deportable.''.
       (3) Temporary protected status.--Section 244 (8 U.S.C. 
     1254a) is amended--
       (A) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (B) in subsection (b)(3)--
       (i) in subparagraph (B), by striking the last sentence and 
     inserting the following: ``Notwithstanding any other 
     provision of this section, the Secretary of Homeland Security 
     may, for any reason (including national security), terminate 
     or modify any designation under this section. Such 
     termination or modification is effective upon publication in 
     the Federal Register, or after such time as the Secretary may 
     designate in the Federal Register.'';
       (ii) in subparagraph (C), by striking ``a period of 12 or 
     18 months'' and inserting ``any other period not to exceed 18 
     months'';
       (C) in subsection (c)--
       (i) in paragraph (1)(B), by striking ``The amount of any 
     such fee shall not exceed $50.'';
       (ii) in paragraph (2)(B)--

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

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

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

       ``(a) Criminal Offenses and Penalties.--
       ``(1) Prohibited activities.--Except as provided in 
     paragraph (3), a person shall be punished as provided under 
     paragraph (2), if the person--
       ``(A) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to come to, enter, or cross the border to the United States;
       ``(B) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, at a place other than a designated port 
     of entry or place other than as designated by the Secretary 
     of Homeland Security, knowing or in reckless disregard of the 
     fact that such person is an alien and regardless of whether 
     such alien has official permission or lawful authority to be 
     in the United States;
       ``(C) transports, moves, harbors, conceals, or shields from 
     detection a person outside of the United States knowing or in 
     reckless disregard of the fact that such person is an alien 
     in unlawful transit from 1 country to another or on the high 
     seas, under circumstances in which the alien is seeking to 
     enter the United States without official permission or legal 
     authority;
       ``(D) encourages or induces a person to reside or remain in 
     the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to reside in or remain in the United States;
       ``(E) transports or moves a person in the United States, 
     knowing or in reckless disregard of the fact that such person 
     is an alien who lacks lawful authority to enter or be in the 
     United States, if the transportation or movement will further 
     the alien's illegal entry into or illegal presence in the 
     United States;
       ``(F) harbors, conceals, or shields from detection a person 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to be in the United States; or
       ``(G) conspires or attempts to commit any of the acts 
     described in subparagraphs (A) through (F).
       ``(2) Criminal penalties.--A person who violates any 
     provision under paragraph (1)--
       ``(A) except as provided in subparagraphs (C) through (G), 
     if the offense was not committed for commercial advantage, 
     profit, or private financial gain, shall be fined under title 
     18, United States Code, imprisoned for not more than 5 years, 
     or both;
       ``(B) except as provided in subparagraphs (C) through (G), 
     if the offense was committed for commercial advantage, 
     profit, or private financial gain--
       ``(i) if the violation is the offender's first violation 
     under this subparagraph, shall be fined under such title, 
     imprisoned for not more than 20 years, or both; or
       ``(ii) if the violation is the offender's second or 
     subsequent violation of this subparagraph, shall be fined 
     under such title, imprisoned for not less than 3 years or 
     more than 20 years, or both;
       ``(C) if the offense furthered or aided the commission of 
     any other offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, shall be 
     fined under such title, imprisoned for not less than 5 years 
     or more than 20 years, or both;
       ``(D) shall be fined under such title, imprisoned not less 
     than 5 years or more than 20 years, or both, if the offense 
     created a substantial and foreseeable risk of death, a 
     substantial and foreseeable risk of serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code), 
     or inhumane conditions to another person, including--
       ``(i) transporting the person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting the person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting the person in, harboring the person 
     in, or otherwise subjecting the person to crowded or 
     dangerous conditions;
       ``(E) if the offense caused serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code) 
     to any person, shall be fined under such title, imprisoned 
     for not less than 7 years or more than 30 years, or both;
       ``(F) shall be fined under such title and imprisoned for 
     not less than 10 years or more than 30 years if the offense 
     involved an alien who the offender knew or had reason to 
     believe was--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in terrorist activity;
       ``(G) if the offense caused or resulted in the death of any 
     person, shall be punished by death or imprisoned for a term 
     of years not less than 10 years and up to life, and fined 
     under title 18, United States Code.
       ``(3) Limitation.--It is not a violation of subparagraph 
     (D), (E), or (F) of paragraph (1)--

[[Page 3960]]

       ``(A) for a religious denomination having a bona fide 
     nonprofit, religious organization in the United States, or 
     the agents or officers of such denomination or organization, 
     to encourage, invite, call, allow, or enable an alien who is 
     present in the United States to perform the vocation of a 
     minister or missionary for the denomination or organization 
     in the United States as a volunteer who is not compensated as 
     an employee, notwithstanding the provision of room, board, 
     travel, medical assistance, and other basic living expenses, 
     provided the minister or missionary has been a member of the 
     denomination for at least 1 year; or
       ``(B) for an individual to provide an alien with emergency 
     humanitarian assistance, including emergency medical care and 
     food, or to transport the alien to a location where such 
     assistance can be rendered, provided that such assistance is 
     rendered without compensation or the expectation of 
     compensation.
       ``(4) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Employment of Unauthorized Aliens.--
       ``(1) Criminal offense and penalties.--Any person who, 
     during any 12-month period, knowingly employs 10 or more 
     individuals with actual knowledge or in reckless disregard of 
     the fact that the individuals are aliens described in 
     paragraph (2), shall be fined under title 18, United States 
     Code, imprisoned for not more than 10 years, or both.
       ``(2) Definition.--An alien described in this paragraph is 
     an alien who--
       ``(A) is an unauthorized alien (as defined in section 
     274A(h)(3));
       ``(B) is present in the United States without lawful 
     authority; and
       ``(C) has been brought into the United States in violation 
     of this subsection.
       ``(c) Seizure and Forfeiture.--
       ``(1) In general.--Any real or personal property used to 
     commit or facilitate the commission of a violation of this 
     section, the gross proceeds of such violation, and any 
     property traceable to such property or proceeds, shall be 
     subject to forfeiture.
       ``(2) Applicable procedures.--Seizures and forfeitures 
     under this subsection shall be governed by the provisions of 
     chapter 46 of title 18, United States Code, relating to civil 
     forfeitures, except that such duties as are imposed upon the 
     Secretary of the Treasury under the customs laws described in 
     section 981(d) shall be performed by such officers, agents, 
     and other persons as may be designated for that purpose by 
     the Secretary of Homeland Security.
       ``(3) Prima facie evidence in determinations of 
     violations.--In determining whether a violation of subsection 
     (a) has occurred, prima facie evidence that an alien involved 
     in the alleged violation lacks lawful authority to come to, 
     enter, reside in, remain in, or be in the United States or 
     that such alien had come to, entered, resided in, remained 
     in, or been present in the United States in violation of law 
     shall include--
       ``(A) any order, finding, or determination concerning the 
     alien's status or lack of status made by a Federal judge or 
     administrative adjudicator (including an immigration judge or 
     immigration officer) during any judicial or administrative 
     proceeding authorized under Federal immigration law;
       ``(B) official records of the Department of Homeland 
     Security, the Department of Justice, or the Department of 
     State concerning the alien's status or lack of status; and
       ``(C) testimony by an immigration officer having personal 
     knowledge of the facts concerning the alien's status or lack 
     of status.
       ``(d) Authority to Arrest.--No officer or person shall have 
     authority to make any arrests for a violation of any 
     provision of this section except--
       ``(1) officers and employees designated by the Secretary of 
     Homeland Security, either individually or as a member of a 
     class; and
       ``(2) other officers responsible for the enforcement of 
     Federal criminal laws.
       ``(e) Admissibility of Videotaped Witness Testimony.--
     Notwithstanding any provision of the Federal Rules of 
     Evidence, the videotaped or otherwise audiovisually preserved 
     deposition of a witness to a violation of subsection (a) who 
     has been deported or otherwise expelled from the United 
     States, or is otherwise unavailable to testify, may be 
     admitted into evidence in an action brought for that 
     violation if--
       ``(1) the witness was available for cross examination at 
     the deposition by the party, if any, opposing admission of 
     the testimony; and
       ``(2) the deposition otherwise complies with the Federal 
     Rules of Evidence.
       ``(f) Outreach Program.--
       ``(1) In general.--The Secretary of Homeland Security, in 
     consultation with the Attorney General and the Secretary of 
     State, as appropriate, shall--
       ``(A) develop and implement an outreach program to educate 
     people in and out of the United States about the penalties 
     for bringing in and harboring aliens in violation of this 
     section; and
       ``(B) establish the American Local and Interior Enforcement 
     Needs (ALIEN) Task Force to identify and respond to the use 
     of Federal, State, and local transportation infrastructure to 
     further the trafficking of unlawful aliens within the United 
     States.
       ``(2) Field offices.--The Secretary of Homeland Security, 
     after consulting with State and local government officials, 
     shall establish such field offices as may be necessary to 
     carry out this subsection.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated such sums are necessary for the 
     fiscal years 2007 through 2011 to carry out this subsection.
       ``(g) Definitions.--In this section:
       ``(1) Crossed the border into the united states.--An alien 
     is deemed to have crossed the border into the United States 
     regardless of whether the alien is free from official 
     restraint.
       ``(2) Lawful authority.--The term `lawful authority' means 
     permission, authorization, or license that is expressly 
     provided for in the immigration laws of the United States or 
     accompanying regulations. The term does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law or authority sought, but not approved. No alien shall 
     be deemed to have lawful authority to come to, enter, reside 
     in, remain in, or be in the United States if such coming to, 
     entry, residence, remaining, or presence was, is, or would be 
     in violation of law.
       ``(3) Proceeds.--The term `proceeds' includes any property 
     or interest in property obtained or retained as a consequence 
     of an act or omission in violation of this section.
       ``(4) Unlawful transit.--The term `unlawful transit' means 
     travel, movement, or temporary presence that violates the 
     laws of any country in which the alien is present or any 
     country from which the alien is traveling or moving.''.
       (2) Clerical amendment.--The table of contents is amended 
     by striking the item relating to section 274 and inserting 
     the following:

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

     SEC. 206. ILLEGAL ENTRY OR UNLAWFUL PRESENCE OF AN ALIEN.

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

     ``SEC. 275. ILLEGAL ENTRY OR UNLAWFUL PRESENCE OF AN ALIEN.

       ``(a) In General.--
       ``(1) Criminal offenses.--An alien shall be subject to the 
     penalties set forth in paragraph (2) if the alien--
       ``(A) knowingly enters or crosses the border into the 
     United States at any time or place other than as designated 
     by the Secretary of Homeland Security;
       ``(B) knowingly eludes examination or inspection by an 
     immigration officer;
       ``(C) knowingly enters or crosses the border to the United 
     States by means of a knowingly false or misleading 
     representation or the knowing concealment of a material fact; 
     or
       ``(D) is otherwise present in the United States, knowing 
     that such presence violates the terms and conditions of any 
     admission, parole, immigration status, or authorized stay 
     granted the alien under this Act.
       ``(2) Criminal penalties.--Any alien who violates any 
     provision under paragraph (1)--
       ``(A) shall, for the first violation, be fined under title 
     18, United States Code, imprisoned not more than 6 months, or 
     both;
       ``(B) shall, for a second or subsequent violation, or 
     following an order of voluntary departure, be fined under 
     such title, imprisoned not more than 2 years, or both;
       ``(C) if the violation occurred after the alien had been 
     convicted of 3 or more misdemeanors or for a felony, shall be 
     fined under such title, imprisoned not more than 10 years, or 
     both;
       ``(D) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 30 months, shall be fined under 
     such title, imprisoned not more than 15 years, or both; and
       ``(E) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 60 months, such alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both.
       ``(3) Prior convictions.--The prior convictions described 
     in subparagraphs (C) through (E) of paragraph (2) are 
     elements of the offenses described in that paragraph and the 
     penalties in such subparagraphs shall apply only in cases in 
     which the conviction or convictions that form the basis for 
     the additional penalty are--

[[Page 3961]]

       ``(A) alleged in the indictment or information; and
       ``(B) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(4) Duration of offense.--An offense under this 
     subsection continues until the alien is discovered within the 
     United States by an immigration officer.
       ``(b) Improper Time or Place; Civil Penalties.--
       ``(1) In general.--Any alien who is apprehended while 
     entering, attempting to enter, or knowingly crossing or 
     attempting to cross the border to the United States at a time 
     or place other than as designated by immigration officers 
     shall be subject to a civil penalty, in addition to any 
     criminal or other civil penalties that may be imposed under 
     any other provision of law, in an amount equal to--
       ``(A) not less than $50 or more than $250 for each such 
     entry, crossing, attempted entry, or attempted crossing; or
       ``(B) twice the amount specified in paragraph (1) if the 
     alien had previously been subject to a civil penalty under 
     this subsection.
       ``(2) Crossed the border defined.--In this section, an 
     alien is deemed to have crossed the border if the act was 
     voluntary, regardless of whether the alien was under 
     observation at the time of the crossing.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by striking the item relating to section 275 and inserting 
     the following:

``Sec. 275. Illegal entry or unlawful presence of an alien.''.

     SEC. 207. ILLEGAL REENTRY.

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

     ``SEC. 276. REENTRY OF REMOVED ALIEN.

       ``(a) Reentry After Removal.--Any alien who has been denied 
     admission, excluded, deported, or removed, or who has 
     departed the United States while an order of exclusion, 
     deportation, or removal is outstanding, and subsequently 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found in the United 
     States, shall be fined under title 18, United States Code, 
     imprisoned not more than 2 years, or both.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection--
       ``(1) was convicted for 3 or more misdemeanors or a felony 
     before such removal or departure, the alien shall be fined 
     under title 18, United States Code, imprisoned not more than 
     10 years, or both;
       ``(2) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 30 months, the alien shall be 
     fined under such title, imprisoned not more than 15 years, or 
     both;
       ``(3) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 60 months, the alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both;
       ``(4) was convicted for 3 felonies before such removal or 
     departure, the alien shall be fined under such title, 
     imprisoned not more than 20 years, or both; or
       ``(5) was convicted, before such removal or departure, for 
     murder, rape, kidnaping, or a felony offense described in 
     chapter 77 (relating to peonage and slavery) or 113B 
     (relating to terrorism) of such title, the alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed 3 or 
     more times and thereafter enters, attempts to enter, crosses 
     the border to, attempts to cross the border to, or is at any 
     time found in the United States, shall be fined under title 
     18, United States Code, imprisoned not more than 10 years, or 
     both.
       ``(d) Proof of Prior Convictions.--The prior convictions 
     described in subsection (b) are elements of the crimes 
     described in that subsection, and the penalties in that 
     subsection shall apply only in cases in which the conviction 
     or convictions that form the basis for the additional penalty 
     are--
       ``(1) alleged in the indictment or information; and
       ``(2) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(e) Affirmative Defenses.--It shall be an affirmative 
     defense to a violation of this section that--
       ``(1) prior to the alleged violation, the alien had sought 
     and received the express consent of the Secretary of Homeland 
     Security to reapply for admission into the United States; or
       ``(2) with respect to an alien previously denied admission 
     and removed, the alien--
       ``(A) was not required to obtain such advance consent under 
     the Immigration and Nationality Act or any prior Act; and
       ``(B) had complied with all other laws and regulations 
     governing the alien's admission into the United States.
       ``(f) Limitation on Collateral Attack on Underlying Removal 
     Order.--In a criminal proceeding under this section, an alien 
     may not challenge the validity of any prior removal order 
     concerning the alien unless the alien demonstrates by clear 
     and convincing evidence that--
       ``(1) the alien exhausted all administrative remedies that 
     may have been available to seek relief against the order;
       ``(2) the removal proceedings at which the order was issued 
     improperly deprived the alien of the opportunity for judicial 
     review; and
       ``(3) the entry of the order was fundamentally unfair.
       ``(g) Reentry of Alien Removed Prior to Completion of Term 
     of Imprisonment.--Any alien removed pursuant to section 
     241(a)(4) who enters, attempts to enter, crosses the border 
     to, attempts to cross the border to, or is at any time found 
     in, the United States shall be incarcerated for the remainder 
     of the sentence of imprisonment which was pending at the time 
     of deportation without any reduction for parole or supervised 
     release unless the alien affirmatively demonstrates that the 
     Secretary of Homeland Security has expressly consented to the 
     alien's reentry. Such alien shall be subject to such other 
     penalties relating to the reentry of removed aliens as may be 
     available under this section or any other provision of law.
       ``(h) Limitation.--It is not aiding and abetting a 
     violation of this section for an individual to provide an 
     alien with emergency humanitarian assistance, including 
     emergency medical care and food, or to transport the alien to 
     a location where such assistance can be rendered, provided 
     that such assistance is rendered without compensation or the 
     expectation of compensation.
       ``(i) Definitions.--In this section:
       ``(1) Crosses the border.--The term `crosses the border' 
     applies if an alien acts voluntarily, regardless of whether 
     the alien was under observation at the time of the crossing.
       ``(2) Felony.--Term `felony' means any criminal offense 
     punishable by a term of imprisonment of more than 1 year 
     under the laws of the United States, any State, or a foreign 
     government.
       ``(3) Misdemeanor.--The term `misdemeanor' means any 
     criminal offense punishable by a term of imprisonment of not 
     more than 1 year under the applicable laws of the United 
     States, any State, or a foreign government.
       ``(4) Removal.--The term `removal' includes any denial of 
     admission, exclusion, deportation, or removal, or any 
     agreement by which an alien stipulates or agrees to 
     exclusion, deportation, or removal.
       ``(5) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.

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

       (a) In General.--Chapter 75 of title 18, United States 
     Code, is amended to read as follows:

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

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

     ``Sec. 1541. Trafficking in passports

       ``(a) Multiple Passports.--Any person who, during any 3-
     year period, knowingly-
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more passports;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more passports;
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes 10 or more passports, knowing the passports to be 
     forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more applications for a United States passport 
     (including any supporting documentation), knowing the 
     applications to contain any false statement or 
     representation,
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(b) Passport Materials.--Any person who knowingly and 
     without lawful authority produces, counterfeits, secures, 
     possesses, or uses any official paper, seal, hologram, image, 
     text, symbol, stamp, engraving, plate, or other material used 
     to make a passport shall be fined under this title, 
     imprisoned not more than 20 years, or both.

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

       ``Any person who knowingly--
       ``(1) makes any false statement or representation in an 
     application for a United States passport (including any 
     supporting documentation);
       ``(2) completes, mails, prepares, presents, signs, or 
     submits an application for a United

[[Page 3962]]

     States passport (including any supporting documentation) 
     knowing the application to contain any false statement or 
     representation; or
       ``(3) causes or attempts to cause the production of a 
     passport by means of any fraud or false application for a 
     United States passport (including any supporting 
     documentation), if such production occurs or would occur at a 
     facility authorized by the Secretary of State for the 
     production of passports,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.

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

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

     ``Sec. 1544. Misuse of a passport

       ``(a) In General.--Any person who--
       ``(1) knowingly uses any passport issued or designed for 
     the use of another;
       ``(2) knowingly uses any passport in violation of the 
     conditions or restrictions therein contained, or in violation 
     of the laws, regulations, or rules governing the issuance and 
     use of the passport;
       ``(3) knowingly secures, possesses, uses, receives, buys, 
     sells, or distributes any passport knowing it to be forged, 
     counterfeited, altered, falsely made, procured by fraud, or 
     produced or issued without lawful authority; or
       ``(4) knowingly violates the terms and conditions of any 
     safe conduct duly obtained and issued under the authority of 
     the United States,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Entry; Fraud.--Any person who knowingly uses any 
     passport, knowing the passport to be forged, counterfeited, 
     altered, falsely made, procured by fraud, produced or issued 
     without lawful authority, or issued or designed for the use 
     of another--
       ``(1) to enter or to attempt to enter the United States; or
       ``(2) to defraud the United States, a State, or a political 
     subdivision of a State,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1545. Schemes to defraud aliens

       ``(a) In General.--Any person who knowingly executes a 
     scheme or artifice, in connection with any matter that is 
     authorized by or arises under Federal immigration laws, or 
     any matter the offender claims or represents is authorized by 
     or arises under Federal immigration laws--
       ``(1) to defraud any person, or
       ``(2) to obtain or receive from any person, by means of 
     false or fraudulent pretenses, representations, promises, 
     money or anything else of value,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Misrepresentation.--Any person who knowingly and 
     falsely represents himself to be an attorney in any matter 
     arising under Federal immigration laws shall be fined under 
     this title, imprisoned not more than 15 years, or both.

     ``Sec. 1546. Immigration and visa fraud

       ``(a) In General.--Any person who knowingly--
       ``(1) uses any immigration document issued or designed for 
     the use of another;
       ``(2) forges, counterfeits, alters, or falsely makes any 
     immigration document;
       ``(3) completes, mails, prepares, presents, signs, or 
     submits any immigration document knowing it to contain any 
     materially false statement or representation;
       ``(4) secures, possesses, uses, transfers, receives, buys, 
     sells, or distributes any immigration document knowing it to 
     be forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority;
       ``(5) adopts or uses a false or fictitious name to evade or 
     to attempt to evade the immigration laws; or
       ``(6) transfers or furnishes an immigration document to a 
     person without lawful authority for use if such person is not 
     the person for whom the immigration document was issued or 
     designed,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Multiple Violations.--Any person who, during any 3-
     year period, knowingly--
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more immigration documents;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more immigration documents;
       ``(3) secures, possesses, uses, buys, sells, or distributes 
     10 or more immigration documents, knowing the immigration 
     documents to be forged, counterfeited, altered, stolen, 
     falsely made, procured by fraud, or produced or issued 
     without lawful authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more immigration documents knowing the 
     documents to contain any materially false statement or 
     representation,
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(c) Immigration Document Materials.--Any person who 
     knowingly and without lawful authority produces, 
     counterfeits, secures, possesses, or uses any official paper, 
     seal, hologram, image, text, symbol, stamp, engraving, plate, 
     or other material, used to make an immigration document shall 
     be fined under this title, imprisoned not more than 20 years, 
     or both.

     ``Sec. 1547. Marriage fraud

       ``(a) Evasion or Misrepresentation.--Any person who--
       ``(1) knowingly enters into a marriage for the purpose of 
     evading any provision of the immigration laws; or
       ``(2) knowingly misrepresents the existence or 
     circumstances of a marriage--
       ``(A) in an application or document authorized by the 
     immigration laws; or
       ``(B) during any immigration proceeding conducted by an 
     administrative adjudicator (including an immigration officer 
     or examiner, a consular officer, an immigration judge, or a 
     member of the Board of Immigration Appeals),
     shall be fined under this title, imprisoned not more than 10 
     years, or both.
       ``(b) Multiple Marriages.--Any person who--
       ``(1) knowingly enters into 2 or more marriages for the 
     purpose of evading any immigration law; or
       ``(2) knowingly arranges, supports, or facilitates 2 or 
     more marriages designed or intended to evade any immigration 
     law,
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(c) Commercial Enterprise.--Any person who knowingly 
     establishes a commercial enterprise for the purpose of 
     evading any provision of the immigration laws shall be fined 
     under this title, imprisoned for not more than 10 years, or 
     both.
       ``(d) Duration of Offense.--
       ``(1) In general.--An offense under subsection (a) or (b) 
     continues until the fraudulent nature of the marriage or 
     marriages is discovered by an immigration officer.
       ``(2) Commercial enterprise.--An offense under subsection 
     (c) continues until the fraudulent nature of commercial 
     enterprise is discovered by an immigration officer or other 
     law enforcement officer.

     ``Sec. 1548. Attempts and conspiracies

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

     ``Sec. 1549. Alternative penalties for certain offenses

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

     shall be fined under this title, imprisoned not more than 25 
     years, or both.
       ``(b) Offense Against Government.--Any person who violates 
     any section of this chapter--
       ``(1) knowing that such violation will facilitate the 
     commission of any offense against the United States (other 
     than an offense in this chapter) or against any State, which 
     offense is punishable by imprisonment for more than 1 year; 
     or
       ``(2) with the intent to facilitate the commission of any 
     offense against the United States (other than an offense in 
     this chapter) or against any State, which offense is 
     punishable by imprisonment for more than 1 year,
     shall be fined under this title, imprisoned not more than 20 
     years, or both.

     ``Sec. 1550. Seizure and forfeiture

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

[[Page 3963]]



     ``Sec. 1551. Additional jurisdiction

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

     ``Sec. 1552. Additional venue

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

     ``Sec. 1553. Definitions

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

     ``Sec. 1554. Authorized law enforcement activities

       ``Nothing in this chapter shall prohibit any lawfully 
     authorized investigative, protective, or intelligence 
     activity of a law enforcement agency of the United States, a 
     State, or a political subdivision of a State, or an 
     intelligence agency of the United States, or any activity 
     authorized under title V of the Organized Crime Control Act 
     of 1970 (84 Stat. 933).''.
       (b) Clerical Amendment.--The table of chapters in title 18, 
     United States Code, is amended by striking the item relating 
     to chapter 75 and inserting the following:

``75. Passport, visa, and immigration fraud.....................1541''.

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

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

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

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

     SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

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

     SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

       (a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
       (1) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Instead of removal proceedings.--If an alien is not 
     described in paragraph (2)(A)(iii) or (4) of section 237(a), 
     the Secretary of Homeland Security may permit the alien to 
     voluntarily depart the United States at the alien's own 
     expense under this subsection instead of being subject to 
     proceedings under section 240.'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraph (2) as paragraph (3);
       (D) by adding after paragraph (1) the following:
       ``(2) Before the conclusion of removal proceedings.--If an 
     alien is not described in paragraph (2)(A)(iii) or (4) of 
     section 237(a), the Attorney General may permit the alien to 
     voluntarily depart the United States at the alien's own 
     expense under this subsection after the initiation of removal 
     proceedings under section 240 and before the conclusion of 
     such proceedings before an immigration judge.'';
       (E) in paragraph (3), as redesignated--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) Instead of removal.--Subject to subparagraph (C), 
     permission to voluntarily depart under paragraph (1) shall 
     not be valid for any period in excess of 120 days. The 
     Secretary may require an alien permitted to voluntarily 
     depart under paragraph (1) to

[[Page 3964]]

     post a voluntary departure bond, to be surrendered upon proof 
     that the alien has departed the United States within the time 
     specified.'';
       (ii) by redesignating subparagraphs (B), (C), and (D) as 
     paragraphs (C), (D), and (E), respectively;
       (iii) by adding after subparagraph (A) the following:
       ``(B) Before the conclusion of removal proceedings.--
     Permission to voluntarily depart under paragraph (2) shall 
     not be valid for any period in excess of 60 days, and may be 
     granted only after a finding that the alien has the means to 
     depart the United States and intends to do so. An alien 
     permitted to voluntarily depart under paragraph (2) shall 
     post a voluntary departure bond, in an amount necessary to 
     ensure that the alien will depart, to be surrendered upon 
     proof that the alien has departed the United States within 
     the time specified. An immigration judge may waive the 
     requirement to post a voluntary departure bond in individual 
     cases upon a finding that the alien has presented compelling 
     evidence that the posting of a bond will pose a serious 
     financial hardship and the alien has presented credible 
     evidence that such a bond is unnecessary to guarantee timely 
     departure.'';
       (iv) in subparagraph (C), as redesignated, by striking 
     ``subparagraphs (C) and(D)(ii)'' and inserting 
     ``subparagraphs (D) and (E)(ii)'';
       (v) in subparagraph (D), as redesignated, by striking 
     ``subparagraph (B)'' each place that term appears and 
     inserting ``subparagraph (C)''; and
       (vi) in subparagraph (E), as redesignated, by striking 
     ``subparagraph (B)'' each place that term appears and 
     inserting ``subparagraph (C)''; and
       (F) in paragraph (4), by striking ``paragraph (1)'' and 
     inserting ``paragraphs (1) and (2)'';
       (2) in subsection (b)(2), by striking ``a period exceeding 
     60 days'' and inserting ``any period in excess of 45 days'';
       (3) by amending subsection (c) to read as follows:
       ``(c) Conditions on Voluntary Departure.--
       ``(1) Voluntary departure agreement.--Voluntary departure 
     may only be granted as part of an affirmative agreement by 
     the alien. A voluntary departure agreement under subsection 
     (b) shall include a waiver of the right to any further 
     motion, appeal, application, petition, or petition for review 
     relating to removal or relief or protection from removal.
       ``(2) Concessions by the secretary.--In connection with the 
     alien's agreement to depart voluntarily under paragraph (1), 
     the Secretary of Homeland Security may agree to a reduction 
     in the period of inadmissibility under subparagraph (A) or 
     (B)(i) of section 212(a)(9).
       ``(3) Advisals.--Agreements relating to voluntary departure 
     granted during removal proceedings under section 240, or at 
     the conclusion of such proceedings, shall be presented on the 
     record before the immigration judge. The immigration judge 
     shall advise the alien of the consequences of a voluntary 
     departure agreement before accepting such agreement.
       ``(4) Failure to comply with agreement.--
       ``(A) In general.--If an alien agrees to voluntary 
     departure under this section and fails to depart the United 
     States within the time allowed for voluntary departure or 
     fails to comply with any other terms of the agreement 
     (including failure to timely post any required bond), the 
     alien is--
       ``(i) ineligible for the benefits of the agreement;
       ``(ii) subject to the penalties described in subsection 
     (d); and
       ``(iii) subject to an alternate order of removal if 
     voluntary departure was granted under subsection (a)(2) or 
     (b).
       ``(B) Effect of filing timely appeal.--If, after agreeing 
     to voluntary departure, the alien files a timely appeal of 
     the immigration judge's decision granting voluntary 
     departure, the alien may pursue the appeal instead of the 
     voluntary departure agreement. Such appeal operates to void 
     the alien's voluntary departure agreement and the 
     consequences of such agreement, but precludes the alien from 
     another grant of voluntary departure while the alien remains 
     in the United States.
       ``(5) Voluntary departure period not affected.--Except as 
     expressly agreed to by the Secretary in writing in the 
     exercise of the Secretary's discretion before the expiration 
     of the period allowed for voluntary departure, no motion, 
     appeal, application, petition, or petition for review shall 
     affect, reinstate, enjoin, delay, stay, or toll the alien's 
     obligation to depart from the United States during the period 
     agreed to by the alien and the Secretary.'';
       (4) by amending subsection (d) to read as follows:
       ``(d) Penalties for Failure to Depart.--If an alien is 
     permitted to voluntarily depart under this section and fails 
     to voluntarily depart from the United States within the time 
     period specified or otherwise violates the terms of a 
     voluntary departure agreement, the alien will be subject to 
     the following penalties:
       ``(1) Civil penalty.--The alien shall be liable for a civil 
     penalty of $3,000. The order allowing voluntary departure 
     shall specify the amount of the penalty, which shall be 
     acknowledged by the alien on the record. If the Secretary 
     thereafter establishes that the alien failed to depart 
     voluntarily within the time allowed, no further procedure 
     will be necessary to establish the amount of the penalty, and 
     the Secretary may collect the civil penalty at any time 
     thereafter and by whatever means provided by law. An alien 
     will be ineligible for any benefits under this chapter until 
     this civil penalty is paid.
       ``(2) Ineligibility for relief.--The alien shall be 
     ineligible during the time the alien remains in the United 
     States and for a period of 10 years after the alien's 
     departure for any further relief under this section and 
     sections 240A, 245, 248, and 249. The order permitting the 
     alien to depart voluntarily shall inform the alien of the 
     penalties under this subsection.
       ``(3) Reopening.--The alien shall be ineligible to reopen 
     the final order of removal that took effect upon the alien's 
     failure to depart, or upon the alien's other violations of 
     the conditions for voluntary departure, during the period 
     described in paragraph (2). This paragraph does not preclude 
     a motion to reopen to seek withholding of removal under 
     section 241(b)(3) or protection against torture, if the 
     motion--
       ``(A) presents material evidence of changed country 
     conditions arising after the date of the order granting 
     voluntary departure in the country to which the alien would 
     be removed; and
       ``(B) makes a sufficient showing to the satisfaction of the 
     Attorney General that the alien is otherwise eligible for 
     such protection.''; and
       (5) by amending subsection (e) to read as follows:
       ``(e) Eligibility.--
       ``(1) Prior grant of voluntary departure.--An alien shall 
     not be permitted to voluntarily depart under this section if 
     the Secretary of Homeland Security or the Attorney General 
     previously permitted the alien to depart voluntarily.
       ``(2) Rulemaking.--The Secretary may promulgate regulations 
     to limit eligibility or impose additional conditions for 
     voluntary departure under subsection (a)(1) for any class of 
     aliens. The Secretary or Attorney General may by regulation 
     limit eligibility or impose additional conditions for 
     voluntary departure under subsections (a)(2) or (b) of this 
     section for any class or classes of aliens.''; and
       (6) in subsection (f), by adding at the end the following: 
     ``Notwithstanding section 242(a)(2)(D) of this Act, sections 
     1361, 1651, and 2241 of title 28, United States Code, any 
     other habeas corpus provision, and any other provision of law 
     (statutory or nonstatutory), no court shall have jurisdiction 
     to affect, reinstate, enjoin, delay, stay, or toll the period 
     allowed for voluntary departure under this section.''.
       (b) Rulemaking.--The Secretary shall promulgate regulations 
     to provide for the imposition and collection of penalties for 
     failure to depart under section 240B(d) of the Immigration 
     and Nationality Act (8 U.S.C. 1229c(d)).
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     all orders granting voluntary departure under section 240B of 
     the Immigration and Nationality Act (8 U.S.C. 1229c) made on 
     or after the date that is 180 days after the enactment of 
     this Act.
       (2) Exception.--The amendment made by subsection (a)(6) 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to any petition for review which 
     is filed on or after such date.

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

       (a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C. 
     1182(a)(9)(A)) is amended--
       (1) in clause (i), by striking ``seeks admission within 5 
     years of the date of such removal (or within 20 years'' and 
     inserting ``seeks admission not later than 5 years after the 
     date of the alien's removal (or not later than 20 years after 
     the alien's removal''; and
       (2) in clause (ii), by striking ``seeks admission within 10 
     years of the date of such alien's departure or removal (or 
     within 20 years of'' and inserting ``seeks admission not 
     later than 10 years after the date of the alien's departure 
     or removal (or not later than 20 years after''.
       (b) Bar on Discretionary Relief.--Section 274D (9 U.S.C. 
     324d) is amended--
       (1) in subsection (a), by striking ``Commissioner'' and 
     inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(c) Ineligibility for Relief.--
       ``(1) In general.--Unless a timely motion to reopen is 
     granted under section 240(c)(6), an alien described in 
     subsection (a) shall be ineligible for any discretionary 
     relief from removal (including cancellation of removal and 
     adjustment of status) during the time the alien remains in 
     the United States and for a period of 10 years after the 
     alien's departure from the United States.
       ``(2) Savings provision.--Nothing in paragraph (1) shall 
     preclude a motion to reopen

[[Page 3965]]

     to seek withholding of removal under section 241(b)(3) or 
     protection against torture, if the motion--
       ``(A) presents material evidence of changed country 
     conditions arising after the date of the final order of 
     removal in the country to which the alien would be removed; 
     and
       ``(B) makes a sufficient showing to the satisfaction of the 
     Attorney General that the alien is otherwise eligible for 
     such protection.''.
       (c) Effective Dates.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     with respect to aliens who are subject to a final order of 
     removal, whether the removal order was entered before, on, or 
     after such date.

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

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

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

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

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

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

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

     SEC. 215. DIPLOMATIC SECURITY SERVICE.

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

     SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

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

     SEC. 217. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

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

     ``SEC. 362. CONSTRUCTION.

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

``Sec. 362. Construction.''.

     SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

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

[[Page 3966]]



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

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

     SEC. 220. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION 
                   LAWS.

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

     SEC. 221. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON 
                   TRIBAL LANDS.

       (a) Grants Authorized.--The Secretary may award grants to 
     Indian tribes with lands adjacent to an international border 
     of the United States that have been adversely affected by 
     illegal immigration.
       (b) Use of Funds.--Grants awarded under subsection (a) may 
     be used for--
       (1) law enforcement activities;
       (2) health care services;
       (3) environmental restoration; and
       (4) the preservation of cultural resources.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that--
       (1) describes the level of access of Border Patrol agents 
     on tribal lands;
       (2) describes the extent to which enforcement of 
     immigration laws may be improved by enhanced access to tribal 
     lands;
       (3) contains a strategy for improving such access through 
     cooperation with tribal authorities; and
       (4) identifies grants provided by the Department for Indian 
     tribes, either directly or through State or local grants, 
     relating to border security expenses.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     the fiscal years 2007 through 2011 to carry out this section.

     SEC. 222. ALTERNATIVES TO DETENTION.

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

     SEC. 223. CONFORMING AMENDMENT.

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

     SEC. 224. REPORTING REQUIREMENTS.

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

[[Page 3967]]

     was reasonably excusable or was not willful shall be taken 
     into custody in connection with removal of the alien. If the 
     alien has not been inspected or admitted, or if the alien has 
     failed on more than 1 occasion to submit notice of the 
     alien's current address as required under section 265, the 
     alien may be presumed to be a flight risk. The Secretary or 
     the Attorney General, in considering any form of relief from 
     removal which may be granted in the discretion of the 
     Secretary or the Attorney General, may take into 
     consideration the alien's failure to comply with section 265 
     as a separate negative factor. If the alien failed to comply 
     with the requirements of section 265 after becoming subject 
     to a final order of removal, deportation, or exclusion, the 
     alien's failure shall be considered as a strongly negative 
     factor with respect to any discretionary motion for reopening 
     or reconsideration filed by the alien.'';
       (2) in subsection (c), by inserting ``or a notice of 
     current address'' before ``containing statements''; and
       (3) in subsections (c) and (d), by striking ``Attorney 
     General'' each place it appears and inserting ``Secretary''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to proceedings 
     initiated on or after the date of the enactment of this Act.
       (2) Conforming and technical amendments.--The amendments 
     made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection 
     (a) are effective as if enacted on March 1, 2003.

     SEC. 225. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR 
                   BETWEEN PORTS OF ENTRY.

       (a) In General.--Beginning on October 1, 2006, an alien who 
     is attempting to illegally enter the United States and who is 
     apprehended at a United States port of entry or along the 
     international land or maritime border of the United States 
     shall be detained until removed or a final decision granting 
     admission has been determined, unless the alien--
       (1) is permitted to withdraw an application for admission 
     under section 235(a)(4) of the Immigration and Nationality 
     Act (8 U.S.C. 1225(a)(4)) and immediately departs from the 
     United States pursuant to such section; or
       (2) is paroled into the United States by the Secretary for 
     urgent humanitarian reasons or significant public benefit in 
     accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 
     1182(d)(5)(A)).
       (b) Requirements During Interim Period.--Beginning 60 days 
     after the date of the enactment of this Act and before 
     October 1, 2006, an alien described in subsection (a) may be 
     released with a notice to appear only if--
       (1) the Secretary determines, after conducting all 
     appropriate background and security checks on the alien, that 
     the alien does not pose a national security risk; and
       (2) the alien provides a bond of not less than $5,000.
       (c) Rules of Construction.--
       (1) Asylum and removal.--Nothing in this section shall be 
     construed as limiting the right of an alien to apply for 
     asylum or for relief or deferral of removal based on a fear 
     of persecution.
       (2) Treatment of certain aliens.--The mandatory detention 
     requirement in subsection (a) shall not apply to any alien 
     who is a native or citizen of a country in the Western 
     Hemisphere with whose government the United States does not 
     have full diplomatic relations.
       (3) Discretion.--Nothing in this section shall be construed 
     as limiting the authority of the Secretary, in the 
     Secretary's sole unreviewable discretion, to determine 
     whether an alien described in clause (ii) of section 
     235(b)(1)(B) of the Immigration and Nationality Act shall be 
     detained or released after a finding of a credible fear of 
     persecution (as defined in clause (v) of such section).

     SEC. 226. REMOVAL OF DRUNK DRIVERS.

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

     SEC. 227. EXPEDITED REMOVAL.

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

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

       (2) Exceptions.--Section 235(b)(1)(F) of the Immigration 
     and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--
       (A) by striking ``and who arrives by aircraft at a port of 
     entry'' and inserting ``and--''; and
       (B) by adding at the end the following:
       ``(i) who arrives by aircraft at a port of entry; or
       ``(ii) who is present in the United States and arrived in 
     any manner at or between a port of entry.''.
       (c) Limit on Injunctive Relief.--Section 242(f)(2) (8 
     U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether 
     temporarily or otherwise,'' after ``enjoin''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to all aliens apprehended or convicted on or 
     after such date.

     SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

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

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

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

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

       ``(a) Authority.--Notwithstanding any other provision of 
     law, law enforcement personnel of a State or a political 
     subdivision of a State have the inherent authority of a 
     sovereign entity to investigate, apprehend, arrest, detain, 
     or transfer to Federal custody (including the transportation 
     across State lines to detention centers) an alien for the 
     purpose of assisting in the enforcement of the criminal 
     provisions of the immigration laws of the United States in 
     the normal course of carrying out the law enforcement

[[Page 3968]]

     duties of such personnel. This State authority has never been 
     displaced or preempted by a Federal law.
       ``(b) Construction.--Nothing in this subsection shall be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.
       ``(c) Transfer.--If the head of a law enforcement entity of 
     a State (or, if appropriate, a political subdivision of the 
     State) exercising authority with respect to the apprehension 
     or arrest of an alien submits a request to the Secretary of 
     Homeland Security that the alien be taken into Federal 
     custody, the Secretary of Homeland Security--
       ``(1) shall--
       ``(A) deem the request to include the inquiry to verify 
     immigration status described in section 642(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373(c)), and expeditiously inform the requesting 
     entity whether such individual is an alien lawfully admitted 
     to the United States or is otherwise lawfully present in the 
     United States; and
       ``(B) if the individual is an alien who is not lawfully 
     admitted to the United States or otherwise is not lawfully 
     present in the United States, either--
       ``(i) not later than 72 hours after the conclusion of the 
     State charging process or dismissal process, or if no State 
     charging or dismissal process is required, not later than 72 
     hours after the illegal alien is apprehended, take the 
     illegal alien into the custody of the Federal Government; or
       ``(ii) request that the relevant State or local law 
     enforcement agency temporarily detain or transport the alien 
     to a location for transfer to Federal custody; and
       ``(2) shall designate at least 1 Federal, State, or local 
     prison or jail or a private contracted prison or detention 
     facility within each State as the central facility for that 
     State to transfer custody of aliens to the Department of 
     Homeland Security.
       ``(d) Reimbursement.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     reimburse a State or a political subdivision of a State for 
     expenses, as verified by the Secretary of Homeland Security, 
     incurred by the State or political subdivision in the 
     detention and transportation of an alien as described in 
     subparagraphs (A) and (B) of subsection (c)(1).
       ``(2) Cost computation.--Compensation provided for costs 
     incurred under subparagraphs (A) and (B) of subsection (c)(1) 
     shall be--
       ``(A) the product of--
       ``(i) the average daily cost of incarceration of a prisoner 
     in the relevant State, as determined by the chief executive 
     officer of a State (or, as appropriate, a political 
     subdivision of the State); multiplied by
       ``(ii) the number of days that the alien was in the custody 
     of the State or political subdivision; plus
       ``(B) the cost of transporting the alien from the point of 
     apprehension or arrest to the location of detention, and if 
     the location of detention and of custody transfer are 
     different, to the custody transfer point; plus
       ``(C) The cost of uncompensated emergency medical care 
     provided to a detained alien during the period between the 
     time of transmittal of the request described in subsection 
     (c) and the time of transfer into Federal custody.
       ``(e) Requirement for Appropriate Security.--The Secretary 
     of Homeland Security shall ensure that aliens incarcerated in 
     a Federal facility pursuant to this subsection are held in 
     facilities which provide an appropriate level of security, 
     and that, where practicable, aliens detained solely for civil 
     violations of Federal immigration law are separated within a 
     facility or facilities.
       ``(f) Requirement for Schedule.--In carrying out this 
     section, the Secretary of Homeland Security shall establish a 
     regular circuit and schedule for the prompt transportation of 
     apprehended aliens from the custody of those States and 
     political subdivisions of States which routinely submit 
     requests described in subsection (c) into Federal custody.
       ``(g) Authority for Contracts.--
       ``(1) In general.--The Secretary of Homeland Security may 
     enter into contracts or cooperative agreements with 
     appropriate State and local law enforcement and detention 
     agencies to implement this section.
       ``(2) Determination by secretary.--Prior to entering into a 
     contract or cooperative agreement with a State or political 
     subdivision of a State under paragraph (1), the Secretary 
     shall determine whether the State, or where appropriate, the 
     political subdivision in which the agencies are located has 
     in place any formal or informal policy that violates section 
     642 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary 
     shall not allocate any of the funds made available under this 
     section to any State or political subdivision that has in 
     place a policy that violates such section.''.
       (b) Authorization of Appropriations for the Detention and 
     Transportation to Federal Custody of Aliens Not Lawfully 
     Present.--There are authorized to be appropriated 
     $850,000,000 for fiscal year 2007 and each subsequent fiscal 
     year for the detention and removal of aliens not lawfully 
     present in the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.).

     SEC. 230. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

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

     SEC. 231. LAUNDERING OF MONETARY INSTRUMENTS.

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

     SEC. 232. SEVERABILITY.

       If any provision of this title, any amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be invalid for any 
     reason, the remainder of this title, the amendments made by 
     this title, and the application of the provisions of such to 
     any other person or circumstance shall not be affected by 
     such holding.

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

       ``(a) Making Employment of Unauthorized Aliens Unlawful.--
       ``(1) In general.--It is unlawful for an employer--
       ``(A) to hire, or to recruit or refer for a fee, an alien 
     for employment in the United States knowing, or with reason 
     to know, that the alien is an unauthorized alien with respect 
     to such employment; or
       ``(B) to hire, or to recruit or refer for a fee, for 
     employment in the United States an individual unless such 
     employer meets the requirements of subsections (c) and (d).
       ``(2) Continuing employment.--It is unlawful for an 
     employer, after lawfully hiring an alien for employment, to 
     continue to employ the alien in the United States knowing or 
     with reason to know that the alien is (or has become) an 
     unauthorized alien with respect to such employment.

[[Page 3969]]

       ``(3) Use of labor through contract.--In this section, an 
     employer who uses a contract, subcontract, or exchange, 
     entered into, renegotiated, or extended after the date of the 
     enactment of the Securing America's Borders Act, to obtain 
     the labor of an alien in the United States knowing, or with 
     reason to know, that the alien is an unauthorized alien with 
     respect to performing such labor, shall be considered to have 
     hired the alien for employment in the United States in 
     violation of paragraph (1)(A).
       ``(4) Rebuttable presumption of unlawful hiring.--If the 
     Secretary determines that an employer has hired more than 10 
     unauthorized aliens during a calendar year, a rebuttable 
     presumption is created for the purpose of a civil enforcement 
     proceeding, that the employer knew or had reason to know that 
     such aliens were unauthorized.
       ``(5) Defense.--
       ``(A) In general.--Subject to subparagraph (B), an employer 
     that establishes that the employer has complied in good faith 
     with the requirements of subsections (c) and (d) has 
     established an affirmative defense that the employer has not 
     violated paragraph (1)(A) with respect to such hiring, 
     recruiting, or referral.
       ``(B) Exception.--Until the date that an employer is 
     required to participate in the Electronic Employment 
     Verification System under subsection (d) or is permitted to 
     participate in such System on a voluntary basis, the employer 
     may establish an affirmative defense under subparagraph (A) 
     without a showing of compliance with subsection (d).
       ``(b) Order of Internal Review and Certification of 
     Compliance.--
       ``(1) Authority to require certification.--If the Secretary 
     has reasonable cause to believe that an employer has failed 
     to comply with this section, the Secretary is authorized, at 
     any time, to require that the employer certify that the 
     employer is in compliance with this section, or has 
     instituted a program to come into compliance.
       ``(2) Content of certification.--Not later than 60 days 
     after the date an employer receives a request for a 
     certification under paragraph (1) the chief executive officer 
     or similar official of the employer shall certify under 
     penalty of perjury that--
       ``(A) the employer is in compliance with the requirements 
     of subsections (c) and (d); or
       ``(B) that the employer has instituted a program to come 
     into compliance with such requirements.
       ``(3) Extension.--The 60-day period referred to in 
     paragraph (2), may be extended by the Secretary for good 
     cause, at the request of the employer.
       ``(4) Publication.--The Secretary is authorized to publish 
     in the Federal Register standards or methods for 
     certification and for specific record keeping practices with 
     respect to such certification, and procedures for the audit 
     of any records related to such certification.
       ``(c) Document Verification Requirements.--An employer 
     hiring, or recruiting or referring for a fee, an individual 
     for employment in the United States shall take all reasonable 
     steps to verify that the individual is eligible for such 
     employment. Such steps shall include meeting the requirements 
     of subsection (d) and the following paragraphs:
       ``(1) Attestation by employer.--
       ``(A) Requirements.--
       ``(i) In general.--The employer shall attest, under penalty 
     of perjury and on a form prescribed by the Secretary, that 
     the employer has verified the identity and eligibility for 
     employment of the individual by examining--

       ``(I) a document described in subparagraph (B); or
       ``(II) a document described in subparagraph (C) and a 
     document described in subparagraph (D).

       ``(ii) Signature requirements.--An attestation required by 
     clause (i) may be manifested by a handwritten or electronic 
     signature.
       ``(iii) Standards for examination.--An employer has 
     complied with the requirement of this paragraph with respect 
     to examination of documentation if, based on the totality of 
     the circumstances, a reasonable person would conclude that 
     the document examined is genuine and establishes the 
     individual's identity and eligibility for employment in the 
     United States.
       ``(iv) Requirements for employment eligibility system 
     participants.--A participant in the Electronic Employment 
     Verification System established under subsection (d), 
     regardless of whether such participation is voluntary or 
     mandatory, shall be permitted to utilize any technology that 
     is consistent with this section and with any regulation or 
     guidance from the Secretary to streamline the procedures to 
     comply with the attestation requirement, and to comply with 
     the employment eligibility verification requirements 
     contained in this section.
       ``(B) Documents establishing both employment eligibility 
     and identity.--A document described in this subparagraph is 
     an individual's--
       ``(i) United States passport; or
       ``(ii) permanent resident card or other document designated 
     by the Secretary, if the document--

       ``(I) contains a photograph of the individual and such 
     other personal identifying information relating to the 
     individual that the Secretary proscribes in regulations is 
     sufficient for the purposes of this subparagraph;
       ``(II) is evidence of eligibility for employment in the 
     United States; and
       ``(III) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use.

       ``(C) Documents evidencing employment eligibility.--A 
     document described in this subparagraph is an individual's--
       ``(i) social security account number card issued by the 
     Commissioner of Social Security (other than a card which 
     specifies on its face that the issuance of the card does not 
     authorize employment in the United States); or
       ``(ii) any other documents evidencing eligibility of 
     employment in the United States, if--

       ``(I) the Secretary has published a notice in the Federal 
     Register stating that such document is acceptable for 
     purposes of this subparagraph; and
       ``(II) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use.

       ``(D) Documents establishing identity of individual.--A 
     document described in this subparagraph is an individual's--
       ``(i) driver's license or identity card issued by a State, 
     the Commonwealth of the Northern Mariana Islands, or an 
     outlying possession of the United States that complies with 
     the requirements of the REAL ID Act of 2005 (division B of 
     Public Law 109-13; 119 Stat. 302);
       ``(ii) driver's license or identity card issued by a State, 
     the Commonwealth of the Northern Mariana Islands, or an 
     outlying possession of the United States that is not in 
     compliance with the requirements of the REAL ID Act of 2005, 
     if the license or identity card--

       ``(I) is not required by the Secretary to comply with such 
     requirements; and
       ``(II) contains the individual's photograph or information, 
     including the individual's name, date of birth, gender, and 
     address; and

       ``(iii) identification card issued by a Federal agency or 
     department, including a branch of the Armed Forces, or an 
     agency, department, or entity of a State, or a Native 
     American tribal document, provided that such card or 
     document--

       ``(I) contains the individual's photograph or information 
     including the individual's name, date of birth, gender, eye 
     color, and address; and
       ``(II) contains security features to make the card 
     resistant to tampering, counterfeiting, and fraudulent use; 
     or

       ``(iv) in the case of an individual who is under 16 years 
     of age who is unable to present a document described in 
     clause (i), (ii), or (iii) a document of personal identity of 
     such other type that--

       ``(I) the Secretary determines is a reliable means of 
     identification; and
       ``(II) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use.

       ``(E) Authority to prohibit use of certain documents.--
       ``(i) Authority.--If the Secretary finds that a document or 
     class of documents described in subparagraph (B), (C), or (D) 
     is not reliable to establish identity or eligibility for 
     employment (as the case may be) or is being used fraudulently 
     to an unacceptable degree, the Secretary is authorized to 
     prohibit, or impose conditions, on the use of such document 
     or class of documents for purposes of this subsection.
       ``(ii) Requirement for publication.--The Secretary shall 
     publish notice of any findings under clause (i) in the 
     Federal Register.
       ``(2) Attestation of employee.--
       ``(A) Requirements.--
       ``(i) In general.--The individual shall attest, under 
     penalty of perjury on the form prescribed by the Secretary, 
     that the individual is a national of the United States, an 
     alien lawfully admitted for permanent residence, or an alien 
     who is authorized under this Act or by the Secretary to be 
     hired, recruited or referred for a fee, in the United States.
       ``(ii) Signature for examination.--An attestation required 
     by clause (i) may be manifested by a handwritten or 
     electronic signature.
       ``(B) Penalties.--An individual who falsely represents that 
     the individual is eligible for employment in the United 
     States in an attestation required by subparagraph (A) shall, 
     for each such violation, be subject to a fine of not more 
     than $5,000, a term of imprisonment not to exceed 3 years, or 
     both.
       ``(3) Retention of attestation.--An employer shall retain a 
     paper, microfiche, microfilm, or electronic version of an 
     attestation submitted under paragraph (1) or (2) for an 
     individual and make such attestations available for 
     inspection by an officer of the Department of Homeland 
     Security, any other person designated by the Secretary, the 
     Special Counsel for Immigration-Related Unfair Employment 
     Practices of the Department of Justice, or the Secretary of 
     Labor during a period beginning on the date of the hiring, or 
     recruiting or referring for a fee, of the individual and 
     ending--
       ``(A) in the case of the recruiting or referral for a fee 
     (without hiring) of an individual,

[[Page 3970]]

     7 years after the date of the recruiting or referral; or
       ``(B) in the case of the hiring of an individual the later 
     of--
       ``(i) 7 years after the date of such hiring;
       ``(ii) 1 year after the date the individual's employment is 
     terminated; or
       ``(iii) in the case of an employer or class of employers, a 
     period that is less than the applicable period described in 
     clause (i) or (ii) if the Secretary reduces such period for 
     such employer or class of employers.
       ``(4) Document retention and record keeping requirements.--
       ``(A) Retention of documents.--An employer shall retain, 
     for the applicable period described in paragraph (3), the 
     following documents:
       ``(i) In general.--Notwithstanding any other provision of 
     law, the employer shall copy all documents presented by an 
     individual pursuant to this subsection and shall retain 
     paper, microfiche, microfilm, or electronic copies of such 
     documents. Such copies shall reflect the signature of the 
     employer and the individual and the date of receipt of such 
     documents.
       ``(ii) Use of retained documents.--An employer shall use 
     copies retained under clause (i) only for the purposes of 
     complying with the requirements of this subsection, except as 
     otherwise permitted under law.
       ``(B) Retention of social security correspondence.--The 
     employer shall maintain records related to an individual of 
     any no- match notice from the Commissioner of Social Security 
     regarding the individual's name or corresponding social 
     security account number and the steps taken to resolve each 
     issue described in the no-match notice.
       ``(C) Retention of clarification documents.--The employer 
     shall maintain records of any actions and copies of any 
     correspondence or action taken by the employer to clarify or 
     resolve any issue that raises reasonable doubt as to the 
     validity of the individual's identity or eligibility for 
     employment in the United States.
       ``(D) Retention of other records.--The Secretary may 
     require that an employer retain copies of additional records 
     related to the individual for the purposes of this section.
       ``(5) Penalties.--An employer that fails to comply with the 
     requirement of this subsection shall be subject to the 
     penalties described in subsection (e)(4)(B).
       ``(6) No authorization of national identification cards.--
     Nothing in this section may be construed to authorize, 
     directly or indirectly, the issuance, use, or establishment 
     of a national identification card.
       ``(d) Electronic Employment Verifi-
     cation System.--
       ``(1) Requirement for system.--The Secretary, in 
     cooperation with the Commissioner of Social Security, shall 
     implement an Electronic Employment Verification System 
     (referred to in this subsection as the `System') as described 
     in this subsection.
       ``(2) Management of system.--
       ``(A) In general.--The Secretary shall, through the 
     System--
       ``(i) provide a response to an inquiry made by an employer 
     through the Internet or other electronic media or over a 
     telephone line regarding an individual's identity and 
     eligibility for employment in the United States;
       ``(ii) establish a set of codes to be provided through the 
     System to verify such identity and authorization; and
       ``(iii) maintain a record of each such inquiry and the 
     information and codes provided in response to such inquiry.
       ``(B) Initial response.--Not later than 3 days after an 
     employer submits an inquire to the System regarding an 
     individual, the Secretary shall provide, through the System, 
     to the employer--
       ``(i) if the System is able to confirm the individual's 
     identity and eligibility for employment in the United States, 
     a confirmation notice, including the appropriate codes on 
     such confirmation notice; or
       ``(ii) if the System is unable to confirm the individual's 
     identity or eligibility for employment in the United States, 
     a tentative nonconfirmation notice, including the appropriate 
     codes for such nonconfirmation notice.
       ``(C) Verification process in case of a tentative 
     nonconfirmation notice.--
       ``(i) In general.--If a tentative nonconfirmation notice is 
     issued under subparagraph (B)(ii), not later than 10 days 
     after the date an individual submits information to contest 
     such notice under paragraph (7)(C)(ii)(III), the Secretary, 
     through the System, shall issue a final confirmation notice 
     or a final nonconfirmation notice to the employer, including 
     the appropriate codes for such notice.
       ``(ii) Development of process.--The Secretary shall consult 
     with the Commissioner of Social Security to develop a 
     verification process to be used to provide a final 
     confirmation notice or a final nonconfirmation notice under 
     clause (i).
       ``(D) Design and operation of system.--The Secretary, in 
     consultation with the Commissioner of Social Security, shall 
     design and operate the System--
       ``(i) to maximize reliability and ease of use by employers 
     in a manner that protects and maintains the privacy and 
     security of the information maintained in the System;
       ``(ii) to respond to each inquiry made by an employer; and
       ``(iii) to track and record any occurrence when the System 
     is unable to receive such an inquiry;
       ``(iv) to include appropriate administrative, technical, 
     and physical safeguards to prevent unauthorized disclosure of 
     personal information;
       ``(v) to allow for monitoring of the use of the System and 
     provide an audit capability; and
       ``(vi) to have reasonable safeguards, developed in 
     consultation with the Attorney General, to prevent employers 
     from engaging in unlawful discriminatory practices, based on 
     national origin or citizenship status.
       ``(E) Responsibilities of the commissioner of social 
     security.--The Commissioner of Social Security shall 
     establish a reliable, secure method to provide through the 
     System, within the time periods required by subparagraphs (B) 
     and (C)--
       ``(i) a determination of whether the name and social 
     security account number provided in an inquiry by an employer 
     match such information maintained by the Commissioner in 
     order to confirm the validity of the information provided;
       ``(ii) a determination of whether such social security 
     account number was issued to the named individual;
       ``(iii) determination of whether such social security 
     account number is valid for employment in the United States; 
     and
       ``(iv) a confirmation notice or a nonconfirmation notice 
     under subparagraph (B) or (C), in a manner that ensures that 
     other information maintained by the Commissioner is not 
     disclosed or released to employers through the System.
       ``(F) Responsibilities of the secretary.--The Secretary 
     shall establish a reliable, secure method to provide through 
     the System, within the time periods required by subparagraphs 
     (B) and (C)--
       ``(i) a determination of whether the name and alien 
     identification or authorization number provided in an inquiry 
     by an employer match such information maintained by the 
     Secretary in order to confirm the validity of the information 
     provided;
       ``(ii) a determination of whether such number was issued to 
     the named individual;
       ``(iii) a determination of whether the individual is 
     authorized to be employed in the United States; and
       ``(iv) any other related information that the Secretary may 
     require.
       ``(G) Updating information.--The Commissioner of Social 
     Security and the Secretary shall update the information 
     maintained in the System in a manner that promotes maximum 
     accuracy and shall provide a process for the prompt 
     correction of erroneous information.
       ``(3) Requirements for participation.--Except as provided 
     in paragraphs (4) and (5), the Secretary shall require 
     employers to participate in the System as follows:
       ``(A) Critical employers.--
       ``(i) Required participation.--As of the date that is 180 
     days after the date of the enactment of the Securing 
     America's Borders Act, the Secretary shall require any 
     employer or class of employers to participate in the System, 
     with respect to employees hired by the employer prior to, on, 
     or after such date of enactment, if the Secretary determines, 
     in the Secretary's sole and unreviewable discretion, such 
     employer or class of employer is--

       ``(I) part of the critical infrastructure of the United 
     States; or
       ``(II) directly related to the national security or 
     homeland security of the United States.

       ``(ii) Discretionary participation.--As of the date that is 
     180 days after the date of the enactment of the Securing 
     America's Borders Act, the Secretary may require additional 
     any employer or class of employers to participate in the 
     System with respect to employees hired on or after such date 
     if the Secretary designates such employer or class of 
     employers, in the Secretary's sole and unreviewable 
     discretion, as a critical employer based on immigration 
     enforcement or homeland security needs.
       ``(B) Large employers.--Not later than 2 years after the 
     date of the enactment of the Securing America's Borders Act, 
     Secretary shall require an employer with more than 5,000 
     employees in the United States to participate in the System, 
     with respect to all employees hired by the employer after the 
     date the Secretary requires such participation.
       ``(C) Mid-sized employers.--Not later than 3 years after 
     the date of enactment of the Securing America's Borders Act, 
     the Secretary shall require an employer with less than 5,000 
     employees and with more than 1,000 employees in the United 
     States to participate in the System, with respect to all 
     employees hired by the employer after the date the Secretary 
     requires such participation.
       ``(D) Small employers.--Not later than 4 years after the 
     date of the enactment of the Securing America's Borders Act, 
     the Secretary shall require all employers with less than 
     1,000 employees and with more than 250 employees in the 
     United States to participate in the System, with respect to 
     all employees hired by the employer after the date the 
     Secretary requires such participation.
       ``(E) Remaining employers.--Not later than 5 years after 
     the date of the enactment

[[Page 3971]]

     of the Securing America's Borders Act, the Secretary shall 
     require all employers in the United States to participate in 
     the System, with respect to all employees hired by an 
     employer after the date the Secretary requires such 
     participation.
       ``(F) Requirement to publish.--The Secretary shall publish 
     in the Federal Register the requirements for participation in 
     the System as described in subparagraphs (A), (B), (C), (D), 
     and (E) prior to the effective date of such requirements.
       ``(4) Other participation in system.--Notwithstanding 
     paragraph (3), the Secretary has the authority, in the 
     Secretary's sole and unreviewable discretion--
       ``(A) to permit any employer that is not required to 
     participate in the System under paragraph (3) to participate 
     in the System on a voluntary basis; and
       ``(B) to require any employer that is required to 
     participate in the System under paragraph (3) with respect to 
     newly hired employees to participate in the System with 
     respect to all employees hired by the employer prior to, on, 
     or after the date of the enactment of the Securing America's 
     Borders Act, if the Secretary has reasonable causes to 
     believe that the employer has engaged in violations of the 
     immigration laws.
       ``(5) Waiver.--The Secretary is authorized to waive or 
     delay the participation requirements of paragraph (3) respect 
     to any employer or class of employers if the Secretary 
     provides notice to Congress of such waiver prior to the date 
     such waiver is granted.
       ``(6) Consequence of failure to participate.--If an 
     employer is required to participate in the System and fails 
     to comply with the requirements of the System with respect to 
     an individual--
       ``(A) such failure shall be treated as a violation of 
     subsection (a)(1)(B) of this section with respect to such 
     individual; and
       ``(B) a rebuttable presumption is created that the employer 
     has violated subsection (a)(1)(A) of this section, however 
     such presumption may not apply to a prosecution under 
     subsection (f)(1).
       ``(7) System requirements.--
       ``(A) In general.--An employer that participates in the 
     System shall, with respect to the hiring, or recruiting or 
     referring for a fee, any individual for employment in the 
     United States, shall--
       ``(i) obtain from the individual and record on the form 
     designated by the Secretary--

       ``(I) the individual's social security account number; and
       ``(II) in the case of an individual who does not attest 
     that the individual is a national of the United States under 
     subsection (c)(2), such identification or authorization 
     number that the Secretary shall require; and

       ``(ii) retain the original of such form and make such form 
     available for inspection for the periods and in the manner 
     described in subsection (c)(3).
       ``(B) Seeking verification.--The employer shall submit an 
     inquiry through the System to seek confirmation of the 
     individual's identity and eligibility for employment in the 
     United States--
       ``(i) not later than 3 working days (or such other 
     reasonable time as may be specified by the Secretary of 
     Homeland Security) after the date of the hiring, or 
     recruiting or referring for a fee, of the individual (as the 
     case may be); or
       ``(ii) in the case of an employee hired prior to the date 
     of enactment of the Securing America's Borders Act, at such 
     time as the Secretary shall specify.
       ``(C) Confirmation or nonconfirmation.--
       ``(i) Confirmation upon initial inquiry.--If an employer 
     receives a confirmation notice under paragraph (2)(B)(i) for 
     an individual, the employer shall record, on the form 
     specified by the Secretary, the appropriate code provided in 
     such notice.
       ``(ii) Nonconfirmation and verification.--

       ``(I) Nonconfirmation.--If an employer receives a tentative 
     nonconfirmation notice under paragraph (2)(B)(ii) for an 
     individual, the employer shall inform such individual of the 
     issuances of such notice in writing and the individual may 
     contest such nonconfirmation notice.
       ``(II) No contest.--If the individual does not contest the 
     tentative nonconfirmation notice under subclause (I) within 
     10 days of receiving notice from the individual's employer, 
     the notice shall become final and the employer shall record 
     on the form specified by the Secretary, the appropriate code 
     provided in the nonconfirmation notice.
       ``(III) Contest.--If the individual contests the tentative 
     nonconfirmation notice under subclause (I), the individual 
     shall submit appropriate information to contest such notice 
     to the System within 10 days of receiving notice from the 
     individual's employer and shall utilize the verification 
     process developed under paragraph (2)(C)(ii).
       ``(IV) Effective period of tentative nonconfirmation.--A 
     tentative nonconfirmation notice shall remain in effect until 
     a final such notice becomes final under clause (II) or a 
     final confirmation notice or final nonconfirmation notice is 
     issued by the System.
       ``(V) Prohibition on termination.--An employer may not 
     terminate the employment of an individual based on a 
     tentative nonconfirmation notice until such notice becomes 
     final under clause (II) or a final nonconfirmation notice is 
     issued for the individual by the System. Nothing in this 
     clause shall apply to a termination of employment for any 
     reason other than because of such a failure.
       ``(VI) Recording of conclusion on form.--If a final 
     confirmation or nonconfirmation is provided by the System 
     regarding an individual, the employer shall record on the 
     form designated by the Secretary the appropriate code that is 
     provided under the System to indicate a confirmation or 
     nonconfirmation of the identity and employment eligibility of 
     the individual.

       ``(D) Consequences of nonconfirmation.--
       ``(i) Termination of continued employment.--If the employer 
     has received a final nonconfirmation regarding an individual, 
     the employer shall terminate the employment, recruitment, or 
     referral of the individual. Such employer shall provide to 
     the Secretary any information relating to the nonconfirmed 
     individual that the Secretary determines would assist the 
     Secretary in enforcing or administering the immigration laws. 
     If the employer continues to employ, recruit, or refer the 
     individual after receiving final nonconfirmation, a 
     rebuttable presumption is created that the employer has 
     violated subsections (a)(1)(A) and (a)(2). Such presumption 
     may not apply to a prosecution under subsection (f)(1).
       ``(8) Protection from liability.--No employer that 
     participates in the System shall be liable under any law for 
     any employment-related action taken with respect to an 
     individual in good faith reliance on information provided by 
     the System.
       ``(9) Limitation on use of the system.--Notwithstanding any 
     other provision of law, nothing in this subsection shall be 
     construed to permit or allow any department, bureau, or other 
     agency of the United States to utilize any information, 
     database, or other records used in the System for any purpose 
     other than as provided for under this subsection.
       ``(10) Modification authority.--The Secretary, after notice 
     is submitted to Congress and provided to the public in the 
     Federal Register, is authorized to modify the requirements of 
     this subsection, including requirements with respect to 
     completion of forms, method of storage, attestations, copying 
     of documents, signatures, methods of transmitting 
     information, and other operational and technical aspects to 
     improve the efficiency, accuracy, and security of the System.
       ``(11) Fees.--The Secretary is authorized to require any 
     employer participating in the System to pay a fee or fees for 
     such participation. The fees may be set at a level that will 
     recover the full cost of providing the System to all 
     participants. The fees shall be deposited and remain 
     available as provided in subsection (m) and (n) of section 
     286 and the System is providing an immigration adjudication 
     and naturalization service for purposes of section 286(n).
       ``(12) Report.--Not later than 1 year after the date of the 
     enactment of the Securing America's Borders Act, the 
     Secretary shall submit to Congress a report on the capacity, 
     systems integrity, and accuracy of the System.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     regarding potential violations of subsection (a);
       ``(B) for the investigation of those complaints that the 
     Secretary deems it appropriate to investigate; and
       ``(C) for the investigation of such other violations of 
     subsection (a), as the Secretary determines are appropriate.
       ``(2) Authority in investigations.--
       ``(A) In general.--In conducting investigations and 
     hearings under this subsection, officers and employees of the 
     Department of Homeland Security--
       ``(i) shall have reasonable access to examine evidence of 
     any employer being investigated; and
       ``(ii) if designated by the Secretary of Homeland Security, 
     may compel by subpoena the attendance of witnesses and the 
     production of evidence at any designated place in an 
     investigation or case under this subsection.
       ``(B) Failure to cooperate.--In case of refusal to obey a 
     subpoena lawfully issued under subparagraph (A)(ii), the 
     Secretary may request that the Attorney General apply in an 
     appropriate district court of the United States for an order 
     requiring compliance with such subpoena, and any failure to 
     obey such order may be punished by such court as contempt.
       ``(C) Department of labor.--The Secretary of Labor shall 
     have the investigative authority provided under section 11(a) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to 
     ensure compliance with the provisions of this title, or any 
     regulation or order issued under this title.
       ``(3) Compliance procedures.--
       ``(A) Pre-penalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--

[[Page 3972]]

       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) disclose the material facts which establish the 
     alleged violation; and
       ``(iv) inform such employer that the employer shall have a 
     reasonable opportunity to make representations as to why a 
     claim for a monetary or other penalty should not be imposed.
       ``(B) Remission or mitigation of penalties.--
       ``(i) Petition by employer.--Whenever any employer receives 
     written notice of a fine or other penalty in accordance with 
     subparagraph (A), the employer may file within 30 days from 
     receipt of such notice, with the Secretary a petition for the 
     remission or mitigation of such fine or penalty, or a 
     petition for termination of the proceedings. The petition may 
     include any relevant evidence or proffer of evidence the 
     employer wishes to present, and shall be filed and considered 
     in accordance with procedures to be established by the 
     Secretary.
       ``(ii) Review by secretary.--If the Secretary finds that 
     such fine or other penalty was incurred erroneously, or finds 
     the existence of such mitigating circumstances as to justify 
     the remission or mitigation of such fine or penalty, the 
     Secretary may remit or mitigate such fine or other penalty on 
     the terms and conditions as the Secretary determines are 
     reasonable and just, or order termination of any proceedings 
     related to the notice. Such mitigating circumstances may 
     include good faith compliance and participation in, or 
     agreement to participate in, the System, if not otherwise 
     required.
       ``(iii) Applicability.--This subparagraph may not apply to 
     an employer that has or is engaged in a pattern or practice 
     of violations of paragraph (1)(A), (1)(B), or (2) of 
     subsection (a) or of any other requirements of this section.
       ``(C) Penalty claim.--After considering evidence and 
     representations offered by the employer pursuant to 
     subparagraph (B), the Secretary shall determine whether there 
     was a violation and promptly issue a written final 
     determination setting forth the findings of fact and 
     conclusions of law on which the determination is based and 
     the appropriate penalty.
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of paragraph (1)(A) 
     or (2) of subsection (a) shall pay civil penalties as 
     follows:
       ``(i) Pay a civil penalty of not less than $500 and not 
     more than $4,000 for each unauthorized alien with respect to 
     each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     under this subparagraph, pay a civil penalty of not less than 
     $4,000 and not more than $10,000 for each unauthorized alien 
     with respect to each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time under this subparagraph or has failed to comply with a 
     previously issued and final order related to any such 
     provision, pay a civil penalty of not less than $6,000 and 
     not more than $20,000 for each unauthorized alien with 
     respect to each such violation.
       ``(B) Record keeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     requirements of the subsection (b), (c), and (d), shall pay a 
     civil penalty as follows:
       ``(i) Pay a civil penalty of not less than $200 and not 
     more than $2,000 for each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     under this subparagraph, pay a civil penalty of not less than 
     $400 and not more than $4,000 for each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time under this subparagraph or has failed to comply with a 
     previously issued and final order related to such 
     requirements, pay a civil penalty of $6,000 for each such 
     violation.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary may impose additional penalties for 
     violations, including cease and desist orders, specially 
     designed compliance plans to prevent further violations, 
     suspended fines to take effect in the event of a further 
     violation, and in appropriate cases, the civil penalty 
     described in subsection (g)(2).
       ``(D) Reduction of penalties.--Notwithstanding 
     subparagraphs (A), (B), and (C), the Secretary is authorized 
     to reduce or mitigate penalties imposed upon employers, based 
     upon factors including the employer's hiring volume, 
     compliance history, good-faith implementation of a compliance 
     program, participation in a temporary worker program, and 
     voluntary disclosure of violations of this subsection to the 
     Secretary.
       ``(E) Adjustment for inflation.--All penalties in this 
     section may be adjusted every 4 years to account for 
     inflation, as provided by law.
       ``(5) Judicial review.--An employer adversely affected by a 
     final determination may, within 45 days after the date the 
     final determination is issued, file a petition in the Court 
     of Appeals for the appropriate circuit for review of the 
     order. The filing of a petition as provided in this paragraph 
     shall stay the Secretary's determination until entry of 
     judgment by the court. The burden shall be on the employer to 
     show that the final determination was not supported by 
     substantial evidence. The Secretary is authorized to require 
     that the petitioner provide, prior to filing for review, 
     security for payment of fines and penalties through bond or 
     other guarantee of payment acceptable to the Secretary.
       ``(6) Enforcement of orders.--If an employer fails to 
     comply with a final determination issued against that 
     employer under this subsection, and the final determination 
     is not subject to review as provided in paragraph (5), the 
     Attorney General may file suit to enforce compliance with the 
     final determination in any appropriate district court of the 
     United States. In any such suit, the validity and 
     appropriateness of the final determination shall not be 
     subject to review.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 6 months for the entire 
     pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting such relief, including 
     a permanent or temporary injunction, restraining order, or 
     other order against the employer, as the Secretary deems 
     necessary.
       ``(g) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referring for a fee, of an individual, 
     to require the individual to post a bond or security, to pay 
     or agree to pay an amount, or otherwise to provide a 
     financial guarantee or indemnity, against any potential 
     liability arising under this section relating to such hiring, 
     recruiting, or referring of the individual.
       ``(2) Civil penalty.--Any employer which is determined, 
     after notice and opportunity for mitigation of the monetary 
     penalty under subsection (e), to have violated paragraph (1) 
     of this subsection shall be subject to a civil penalty of 
     $10,000 for each violation and to an administrative order 
     requiring the return of any amounts received in violation of 
     such paragraph to the employee or, if the employee cannot be 
     located, to the Employer Compliance Fund established under 
     section 286(w).
       ``(h) Prohibition on Award of Government Contracts, Grants, 
     and Agreements.--
       ``(1) Employers with no contracts, grants or agreements.--
       ``(A) In general.--If an employer who does not hold a 
     Federal contract, grant, or cooperative agreement is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer shall be debarred from the receipt of a Federal 
     contract, grant, or cooperative agreement for a period of 2 
     years. The Secretary or the Attorney General shall advise the 
     Administrator of General Services of such a debarment, and 
     the Administrator of General Services shall list the employer 
     on the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs for a period of 2 years.
       ``(B) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive operation of this subsection or may limit the duration 
     or scope of the debarment.
       ``(2) Employers with contracts, grants, or agreements.--
       ``(A) In general.--An employer who holds a Federal 
     contract, grant, or cooperative agreement and is determined 
     by the Secretary of Homeland Secretary to be a repeat 
     violator of this section or is convicted of a crime under 
     this section, shall be debarred from the receipt of Federal 
     contracts, grants, or cooperative agreements for a period of 
     2 years.
       ``(B) Notice to agencies.--Prior to debarring the employer 
     under subparagraph (A), the Secretary, in cooperation with 
     the Administrator of General Services, shall advise any 
     agency or department holding a contract, grant, or 
     cooperative agreement with the employer of the Government's 
     intention to debar the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 2 years.
       ``(C) Waiver.--After consideration of the views of any 
     agency or department that holds a contract, grant, or 
     cooperative agreement with the employer, the Secretary may, 
     in lieu of debarring the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 2 years, waive operation of this subsection, limit 
     the duration or scope of the debarment, or may refer to an 
     appropriate lead agency the decision of whether to debar the 
     employer, for what duration, and under what scope in 
     accordance with the procedures and standards prescribed by 
     the Federal Acquisition Regulation. However, any proposed 
     debarment predicated on an administrative determination of 
     liability for civil penalty by

[[Page 3973]]

     the Secretary or the Attorney General shall not be reviewable 
     in any debarment proceeding. The decision of whether to debar 
     or take alternation shall not be judicially reviewed.
       ``(3) Suspension.--Indictments for violations of this 
     section or adequate evidence of actions that could form the 
     basis for debarment under this subsection shall be considered 
     a cause for suspension under the procedures and standards for 
     suspension prescribed by the Federal Acquisition Regulation.
       ``(i) Miscellaneous Provisions.--
       ``(1) Documentation.--In providing documentation or 
     endorsement of authorization of aliens (other than aliens 
     lawfully admitted for permanent residence) eligible to be 
     employed in the United States, the Secretary shall provide 
     that any limitations with respect to the period or type of 
     employment or employer shall be conspicuously stated on the 
     documentation or endorsement.
       ``(2) Preemption.--The provisions of this section preempt 
     any State or local law--
       ``(A) imposing civil or criminal sanctions (other than 
     through licensing and similar laws) upon those who employ, or 
     recruit or refer for a fee for employment, unauthorized 
     aliens; or
       ``(B) requiring as a condition of conducting, continuing, 
     or expanding a business that a business entity--
       ``(i) provide, build, fund, or maintain a shelter, 
     structure, or designated area for use by day laborers at or 
     near its place of business; or
       ``(ii) take other steps that facilitate the employment of 
     day laborers by others.
       ``(j) Deposit of Amounts Received.--Except as otherwise 
     specified, civil penalties collected under this section shall 
     be deposited by the Secretary into the Employer Compliance 
     Fund established under section 286(w).
       ``(k) Definitions.--In this section:
       ``(1) Employer.--The term `employer' means any person or 
     entity, including any entity of the Government of the United 
     States, hiring, recruiting, or referring an individual for 
     employment in the United States.
       ``(2) No-match notice.--The term `no-match notice' means 
     written notice from the Commissioner of Social Security to an 
     employer reporting earnings on a Form W-2 that an employee 
     name or corresponding social security account number fail to 
     match records maintained by the Commissioner.
       ``(3) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(4) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary.''.
       (b) Conforming Amendment.--
       (1) Amendment.--Sections 401, 402, 403, 404, and 405 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a) 
     are repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under such sections 
     401, 402, 403, 404, and 405 in the Electronic Employment 
     Verification System established pursuant to such subsection 
     (d).
       (c) Technical Amendments.--
       (1) Definition of unauthorized alien.--Sections 218(i)(1) 
     (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
     274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) 
     (8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' 
     and inserting ``274A''.
       (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
     is amended--
       (A) in subsections (a)(6) and (g)(2)(B), by striking 
     ``274A(b)'' and inserting ``274A(d)''; and
       (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' 
     and inserting ``274A(d)(9)''.
       (d) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall take effect on the date that is 180 
     days after the date of the enactment of this Act.

     SEC. 302. EMPLOYER COMPLIANCE FUND.

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

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

       (a) Worksite Enforcement.--The Secretary shall, subject to 
     the availability of appropriations for such purpose, annually 
     increase, by not less than 2,000, the number of positions for 
     investigators dedicated to enforcing compliance with sections 
     274 and 274A of the Immigration and Nationality Act (8 U.S.C. 
     1324, and 1324a) during the 5-year period beginning date of 
     the enactment of this Act.
       (b) Fraud Detection.--The Secretary shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 1,000 the number of positions for agents of the 
     Bureau of Immigration and Customs Enforcement dedicated to 
     immigration fraud detection during the 5-year period 
     beginning date of the enactment of this Act.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2007 through 2011 such sums as may be necessary to 
     carry out this section.

     SEC. 304. CLARIFICATION OF INELIGIBILITY FOR 
                   MISREPRESENTATION.

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

TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS, MEDICAL PROVIDERS, 
                    AND ALIENS WITH ADVANCED DEGREES

     SEC. 401. ELIMINATION OF EXISTING BACKLOGS.

       (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
     worldwide level of family-sponsored immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 480,000;
       ``(2) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year;
       ``(3) the difference between--
       ``(A) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     minus the number of visas issued under this subsection during 
     those fiscal years; and
       ``(B) the number of visas calculated under subparagraph (A) 
     that were issued after fiscal year 2005.''.
       (b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 
     1151(d)) is amended to read as follows:
       ``(d) Worldwide Level of Employment-Based Immigrants.--
       ``(1) In general.--Subject to paragraph (2), the worldwide 
     level of employment-based immigrants under this subsection 
     for a fiscal year is equal to the sum of--
       ``(A) 290,000;
       ``(B) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year; and
       ``(C) the difference between--
       ``(i) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     and the number of visa numbers issued under this subsection 
     during those fiscal years; and
       ``(ii) the number of visas calculated under clause (i) that 
     were issued after fiscal year 2005.
       ``(2) Visas for spouses and children.--Immigrant visas 
     issued on or after October 1, 2004, to spouses and children 
     of employment-based immigrants shall not be counted against 
     the numerical limitation set forth in paragraph (1).''.

     SEC. 402. COUNTRY LIMITS.

       Section 202(a) (8 U.S.C. 1152(a)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``, (4), and (5)'' and inserting ``and 
     (4)''; and
       (B) by striking ``7 percent (in the case of a single 
     foreign state) or 2 percent'' and inserting ``10 percent (in 
     the case of a single foreign state) or 5 percent''; and
       (2) by striking paragraph (5).

     SEC. 403. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Family-Sponsored 
     Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to 
     read as follows:
       ``(a) Preference Allocations for Family-Sponsored 
     Immigrants.--Aliens subject to the worldwide level specified 
     in section 201(c) for family-sponsored immigrants shall be 
     allocated visas as follows:
       ``(1) Unmarried sons and daughters of citizens.--Qualified 
     immigrants who are the unmarried sons or daughters of 
     citizens of the United States shall be allocated visas in a 
     quantity not to exceed the sum of--
       ``(A) 10 percent of such worldwide level; and
       ``(B) any visas not required for the class specified in 
     paragraph (4).
       ``(2) Spouses and unmarried sons and daughters of permanent 
     resident aliens.--
       ``(A) In general.--Visas in a quantity not to exceed 50 
     percent of such worldwide level

[[Page 3974]]

     plus any visas not required for the class specified in 
     paragraph (1) shall be allocated to qualified immigrants who 
     are--
       ``(i) the spouses or children of an alien lawfully admitted 
     for permanent residence; or
       ``(ii) the unmarried sons or daughters of an alien lawfully 
     admitted for permanent residence.
       ``(B) Minimum percentage.--Visas allocated to individuals 
     described in subparagraph (A)(i) shall constitute not less 
     than 77 percent of the visas allocated under this paragraph.
       ``(3) Married sons and daughters of citizens.--Qualified 
     immigrants who are the married sons and daughters of citizens 
     of the United States shall be allocated visas in a quantity 
     not to exceed the sum of--
       ``(A) 10 percent of such worldwide level; and
       ``(B) any visas not required for the classes specified in 
     paragraphs (1) and (2).
       ``(4) Brothers and sisters of citizens.--Qualified 
     immigrants who are the brothers or sisters of a citizen of 
     the United States who is at least 21 years of age shall be 
     allocated visas in a quantity not to exceed 30 percent of the 
     worldwide level.''.
       (b) Preference Allocation for Employment-Based 
     Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
       (1) in paragraph (1), by striking ``28.6 percent'' and 
     inserting ``15 percent'';
       (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
     inserting ``15 percent'';
       (3) in paragraph (3)(A)--
       (A) by striking ``28.6 percent'' and inserting ``35 
     percent''; and
       (B) by striking clause (iii);
       (4) by striking paragraph (4);
       (5) by redesignating paragraph (5) as paragraph (4);
       (6) in paragraph (4)(A), as redesignated, by striking ``7.1 
     percent'' and inserting ``5 percent'';
       (7) by inserting after paragraph (4), as redesignated, the 
     following:
       ``(5) Other workers.--Visas shall be made available, in a 
     number not to exceed 30 percent of such worldwide level, plus 
     any visa numbers not required for the classes specified in 
     paragraphs (1) through (4), to qualified immigrants who are 
     capable, at the time of petitioning for classification under 
     this paragraph, of performing unskilled labor that is not of 
     a temporary or seasonal nature, for which qualified workers 
     are determined to be unavailable in the United States.''; and
       (8) by striking paragraph (6).
       (c) Conforming Amendments.--
       (1) Definition of special immigrant.--Section 101(a)(27)(M) 
     (8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to 
     the numerical limitations of section 203(b)(4),''.
       (2) Repeal of temporary reduction in workers' visas.--
     Section 203(e) of the Nicaraguan Adjustment and Central 
     American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) 
     is repealed.

     SEC. 404. RELIEF FOR MINOR CHILDREN.

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

     SEC. 405. STUDENT VISAS.

       (a) In General.--Section 101(a)(15)(F) (8 U.S.C. 
     1101(a)(15)(F)) is amended--
       (1) in clause (i)--
       (A) by striking ``he has no intention of abandoning, who 
     is'' and inserting the following: ``except in the case of an 
     alien described in clause (iv), the alien has no intention of 
     abandoning, who is--
       ``(I)'';
       (B) by striking ``consistent with section 214(l)'' and 
     inserting ``(except for a graduate program described in 
     clause (iv)) consistent with section 214(m)'';
       (C) by striking the comma at the end and inserting the 
     following: ``; or
       ``(II) engaged in temporary employment for optional 
     practical training related to the alien's area of study, 
     which practical training shall be authorized for a period or 
     periods of up to 24 months;'';
       (2) in clause (ii)--
       (A) by inserting ``or (iv)'' after ``clause (i)''; and
       (B) by striking ``, and'' and inserting a semicolon;
       (3) in clause (iii), by adding ``and'' at the end; and
       (4) by adding at the end the following:
       ``(iv) an alien described in clause (i) who has been 
     accepted and plans to attend an accredited graduate program 
     in mathematics, engineering, technology, or the sciences in 
     the United States for the purpose of obtaining an advanced 
     degree.''.
       (b) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 
     1184(b)) is amended by striking ``subparagraph (L) or (V)'' 
     and inserting ``subparagraph (F)(iv), (L), or (V)''.
       (c) Requirements for F-4 Visa.--Section 214(m) (8 U.S.C. 
     1184(m)) is amended--
       (1) by inserting before paragraph (1) the following:
       ``(m) Nonimmigrant Elementary, Secondary, and Post-
     Secondary School Students.--''; and
       (2) by adding at the end the following:
       ``(3) A visa issued to an alien under section 
     101(a)(15)(F)(iv) shall be valid--
       ``(A) during the intended period of study in a graduate 
     program described in such section;
       ``(B) for an additional period, not to exceed 1 year after 
     the completion of the graduate program, if the alien is 
     actively pursuing an offer of employment related to the 
     knowledge and skills obtained through the graduate program; 
     and
       ``(C) for the additional period necessary for the 
     adjudication of any application for labor certification, 
     employment-based immigrant petition, and application under 
     section 245(a)(2) to adjust such alien's status to that of an 
     alien lawfully admitted for permanent residence, if such 
     application for labor certification or employment-based 
     immigrant petition has been filed not later than 1 year after 
     the completion of the graduate program.''.
       (d) Off Campus Work Authorization for Foreign Students.--
       (1) In general.--Aliens admitted as nonimmigrant students 
     described in section 101(a)(15)(F) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in 
     an off-campus position unrelated to the alien's field of 
     study if--
       (A) the alien has enrolled full time at the educational 
     institution and is maintaining good academic standing;
       (B) the employer provides the educational institution and 
     the Secretary of Labor with an attestation that the 
     employer--
       (i) has spent at least 21 days recruiting United States 
     citizens to fill the position; and
       (ii) will pay the alien and other similarly situated 
     workers at a rate equal to not less than the greater of--

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

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

[[Page 3975]]

     qualified for such nonimmigrant status if section 
     101(a)(15)(F)(iv) had been enacted before such alien's 
     graduation;
       ``(B) the alien has earned an advanced degree in the 
     sciences, technology, engineering, or mathematics;
       ``(C) the alien is the beneficiary of a petition filed 
     under subparagraph (E) or (F) of section 204(a)(1); and
       ``(D) a fee of $1,000 is remitted to the Secretary on 
     behalf of the alien.
       ``(3) Limitation.--An application for adjustment of status 
     filed under this section may not be approved until an 
     immigrant visa number becomes available.''.
       (f) Use of Fees.--
       (1) Job training; scholarships.--Section 286(s)(1) (8 
     U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent 
     of the fees collected under section 245(a)(2)(D)'' before the 
     period at the end.
       (2) Fraud prevention and detection.--Section 286(v)(1) (8 
     U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent 
     of the fees collected under section 245(a)(2)(D)'' before the 
     period at the end.

     SEC. 406. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

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

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

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

     SEC. 407. MEDICAL SERVICES IN UNDERSERVED AREAS.

       Section 220(c) of the Immigration and Nationality Technical 
     Corrections Act of 1994 (8 U.S.C. 1182 note; Public Law 103-
     416) is amended by striking ``Act and before June 1, 2006.'' 
     and inserting ``Act.''.

               TITLE V--IMMIGRATION LITIGATION REDUCTION

     SEC. 501. CONSOLIDATION OF IMMIGRATION APPEALS.

       (a) Reapportionment of Circuit Court Judges.--The table in 
     section 44(a) of title 28, United States Code, is amended in 
     the item relating to the Federal Circuit by striking ``12'' 
     and inserting ``15''.
       (b) Review of Orders of Removal.--Section 242(b) (8 U.S.C. 
     1252(b)) is amended--
       (1) in paragraph (2), by striking the first sentence and 
     inserting ``The petition for review shall be filed with the 
     United Sates Court of Appeals for the Federal Circuit.'';
       (2) in paragraph (5)(B), by adding at the end the 
     following: ``Any appeal of a decision by the district court 
     under this paragraph shall be filed with the United States 
     Court of Appeals for the Federal Circuit.''; and
       (3) in paragraph (7), by amending subparagraph (C) to read 
     as follows:
       ``(C) Consequence of invalidation and venue of appeals.--
       ``(i) Invalidation.--If the district court rules that the 
     removal order is invalid, the court shall dismiss the 
     indictment for violation of section 243(a).
       ``(ii) Appeals.--The United States Government may appeal a 
     dismissal under clause (i) to the United States Court of 
     Appeals for the Federal Circuit within 30 days after the date 
     of the dismissal. If the district court rules that the 
     removal order is valid, the defendant may appeal the district 
     court decision to the United States Court of Appeals for the 
     Federal Circuit within 30 days after the date of completion 
     of the criminal proceeding.''.
       (c) Review of Orders Regarding Inadmissable Aliens.--
     Section 242(e) (8 U.S.C. 1252(e)) is amended by adding at the 
     end the following new paragraph:
       ``(6) Venue.--The petition to appeal any decision by the 
     district court pursuant to this subsection shall be filed 
     with the United States Court of Appeals for the Federal 
     Circuit.''.
       (d) Exclusive Jurisdiction.--Section 242(g) (8 U.S.C. 
     1252(g)) is amended--
       (1) by striking ``Except''; and inserting the following:
       ``(1) In general.--Except''; and
       (2) by adding at the end the following:
       ``(2) Appeals.--Notwithstanding any other provision of law, 
     the United States Court of Appeals for the Federal Circuit 
     shall have exclusive jurisdiction to review a district court 
     order arising from any action taken, or proceeding brought, 
     to remove or exclude an alien from the United States, 
     including a district court order granting or denying a 
     petition for writ of habeas corpus.''.
       (e) Jurisdiction of the United States Court of Appeals for 
     the Federal Circuit.--
       (1) Exclusive jurisdiction.--Section 1295(a) of title 28, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(15) of an appeal to review a final administrative order 
     or a district court decision arising from any action taken, 
     or proceeding brought, to remove or exclude an alien from the 
     United States.''.
       (2) Conforming amendments.--Such section 1295(a) is further 
     amended--
       (A) in paragraph (13), by striking ``and''; and
       (B) in paragraph (14), by striking the period at the end 
     and inserting a semicolon and ``and''.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the United States Court of Appeals for 
     the Federal Circuit for each of the fiscal years 2007 through 
     2011 such sums as may be necessary to carry out this 
     subsection, including the hiring of additional attorneys for 
     the such Court.
       (g) Effective Date.--The amendments made by this section 
     shall take effect upon the date of enactment of this Act and 
     shall apply to any final agency order or district court 
     decision entered on or after the date of enactment of this 
     Act.

     SEC. 502. ADDITIONAL IMMIGRATION PERSONNEL.

       (a) Department of Homeland Security.--
       (1) Trial attorneys.--In each of fiscal years 2007 through 
     2011, the Secretary shall, subject to the availability of 
     appropriations for such purpose, increase the number of 
     positions for attorneys in the Office of General Counsel of 
     the Department who represent the Department in immigration 
     matters by not less than 100 above the number of such 
     positions for which funds were made available during each 
     preceding fiscal year.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary for each of fiscal years 
     2007 through 2011 such sums as may be necessary to carry out 
     this subsection.
       (b) Department of Justice.--
       (1) Litigation attorneys.--In each of fiscal years 2007 
     through 2011, the Attorney General shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 50 the number of positions for attorneys in the 
     Office of Immigration Litigation of the Department of 
     Justice.
       (2) United states attorneys.--In each of fiscal years 2007 
     through 2011, the Attorney General shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 50 the number of attorneys in the United States 
     Attorneys' office to litigate immigration cases in the 
     Federal courts.

[[Page 3976]]

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

     SEC. 503. BOARD OF IMMIGRATION APPEALS REMOVAL ORDER 
                   AUTHORITY.

       (a) In General.--Section 101(a)(47) (8 U.S.C. 1101(a)(47)) 
     is amended to read as follows:
       ``(47)(A)(i) The term `order of removal' means the order of 
     the immigration judge, the Board of Immigration Appeals, or 
     other administrative officer to whom the Attorney General or 
     the Secretary of Homeland Security has delegated the 
     responsibility for determining whether an alien is removable, 
     concluding that the alien is removable, or ordering removal.
       ``(ii) The term `order of deportation' means the order of 
     the special inquiry officer, immigration judge, the Board of 
     Immigration Appeals, or other such administrative officer to 
     whom the Attorney General has delegated the responsibility 
     for determining whether an alien is deportable, concluding 
     that the alien is deportable, or ordering deportation.
       ``(B) An order described under subparagraph (A) shall 
     become final upon the earlier of--
       ``(i) a determination by the Board of Immigration Appeals 
     affirming such order;
       ``(ii) the entry by the Board of Immigration Appeals of 
     such order;
       ``(iii) the expiration of the period in which any party is 
     permitted to seek review of such order by the Board of 
     Immigration Appeals;
       ``(iv) the entry by an immigration judge of such order, if 
     appeal is waived by all parties; or
       ``(v) the entry by another administrative officer of such 
     order, at the conclusion of a process authorized by law other 
     than under section 240.''.
       (b) Conforming Amendments.--The Immigration and Nationality 
     Act is amended--
       (1) in section 212(d)(12)(A) (8 U.S.C. 1182(d)(12)(A)), by 
     inserting ``an order of'' before ``removal''; and
       (2) in section 245A(g)(2)(B) (8 U.S.C. 1255a(g)(2)(B))--
       (A) in the heading, by inserting ``, removal,'' after 
     ``deportation''; and
       (B) in clause (i), by striking ``deportation,'' and 
     inserting ``deportation or an order of removal,''.

     SEC. 504. JUDICIAL REVIEW OF VISA REVOCATION.

       Section 221(i) (8 U.S.C. 1201(i)) is amended by striking 
     the last sentence and inserting ``Notwithstanding any other 
     provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision, and sections 1361 and 1651 of such 
     title, a revocation under this subsection may not be reviewed 
     by any court, and no court shall have jurisdiction to hear 
     any claim arising from, or any challenge to, such a 
     revocation.''.

     SEC. 505. REINSTATEMENT OF REMOVAL ORDERS.

       (a) Reinstatement.--
       (1) In general.--Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is 
     amended to read as follows:
       ``(5) Reinstatement of removal orders against aliens 
     illegally reentering.--
       ``(A) In general.--If the Secretary of Homeland Security 
     finds that an alien has entered the United States illegally 
     after having been removed, deported, or excluded or having 
     departed voluntarily, under an order of removal, deportation, 
     or exclusion, regardless of the date of the original order or 
     the date of the illegal entry--
       ``(i) the order of removal, deportation, or exclusion is 
     reinstated from its original date and is not subject to being 
     reopened or reviewed notwithstanding section 242(a)(2)(D);
       ``(ii) the alien is not eligible and may not apply for any 
     relief under this Act, regardless of the date that an 
     application or request for such relief may have been filed or 
     made; and
       ``(iii) the alien shall be removed under the order of 
     removal, deportation, or exclusion at any time after the 
     illegal entry.
       ``(B) No other proceedings.--Reinstatement under this 
     paragraph shall not require proceedings under section 240 or 
     other proceedings before an immigration judge.''.
       (2) Conforming amendment.--Section 242(a)(2)(D) (8 U.S.C. 
     1252(a)(2)(D)) is amended by striking ``section)'' and 
     inserting ``section or section 241(a)(5))''.
       (b) Judicial Review.--Section 242 (8 U.S.C. 1252) is 
     amended by adding at the end the following new subsection:
       ``(h) Judicial Review of Reinstatement Under Section 
     241(a)(5).--
       ``(1) Review of reinstatement.--Judicial review of a 
     determination under section 241(a)(5) is available under 
     subsection (a) of this section.
       ``(2) No review of original order.--Notwithstanding any 
     other provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision, and sections 1361 and 1651 of such 
     title, no court shall have jurisdiction to review any cause 
     or claim, arising from or relating to any challenge to the 
     original order.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect as if enacted on April 1, 1997, and 
     shall apply to all orders reinstated on or after that date by 
     the Secretary (or by the Attorney General prior to March 1, 
     2003), regardless of the date of the original order.

     SEC. 506. WITHHOLDING OF REMOVAL.

       (a) In General.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is 
     amended--
       (1) in subparagraph (A), by adding at the end ``The burden 
     of proof is on the alien to establish that the alien's life 
     or freedom would be threatened in that country, and that 
     race, religion, nationality, membership in a particular 
     social group, or political opinion would be at least one 
     central reason for such threat.''; and
       (2) in subparagraph (C), by striking ``In determining 
     whether an alien has demonstrated that the alien's life or 
     freedom would be threatened for a reason described in 
     subparagraph (A)'' and inserting ``For purposes of this 
     paragraph,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if enacted on May 11, 2005, and shall 
     apply to applications for withholding of removal made on or 
     after such date.

     SEC. 507. CERTIFICATE OF REVIEWABILITY.

       (a) Briefs.--Section 242(b)(3)(C) (8 U.S.C. 1252(b)(3)(C)) 
     is amended to read as follows:
       ``(C) Briefs.--
       ``(i) Alien's brief.--The alien shall serve and file a 
     brief in connection with a petition for judicial review not 
     later than 40 days after the date on which the administrative 
     record is available. The court may not extend this deadline 
     except upon motion for good cause shown. If an alien fails to 
     file a brief within the time provided in this subparagraph, 
     the court shall dismiss the appeal unless a manifest 
     injustice would result.
       ``(ii) United states brief.--The United States shall not be 
     afforded an opportunity to file a brief in response to the 
     alien's brief until a judge issues a certificate of 
     reviewability as provided in subparagraph (D), unless the 
     court requests the United States to file a reply brief prior 
     to issuing such certification.''.
       (b) Certificate of Reviewability.--Section 242(b)(3) (8 
     U.S.C. 1252 (b)(3)) is amended by adding at the end the 
     following new subparagraphs:
       ``(D) Certificate of reviewability.--
       ``(i) After the alien has filed a brief, the petition for 
     review shall be assigned to one judge on the Federal Circuit 
     Court of Appeals.
       ``(ii) Unless such judge issues a certificate of 
     reviewability, the petition for review shall be denied and 
     the United States may not file a brief.
       ``(iii) Such judge may not issue a certificate of 
     reviewability under clause (ii) unless the petitioner 
     establishes a prima facie case that the petition for review 
     should be granted.
       ``(iv) Such judge shall complete all action on such 
     certificate, including rendering judgment, not later than 60 
     days after the date on which the judge is assigned the 
     petition for review, unless an extension is granted under 
     clause (v).
       ``(v) Such judge may grant, on the judge's own motion or on 
     the motion of a party, an extension of the 60-day period 
     described in clause (iv) if--

       ``(I) all parties to the proceeding agree to such 
     extension; or
       ``(II) such extension is for good cause shown or in the 
     interests of justice, and the judge states the grounds for 
     the extension with specificity.

       ``(vi) If no certificate of reviewability is issued before 
     the end of the period described in clause (iv), including any 
     extension under clause (v), the petition for review shall be 
     denied, any stay or injunction on petitioner's removal shall 
     be dissolved without further

[[Page 3977]]

     action by the court or the Government, and the alien may be 
     removed.
       ``(vii) If such judge issues a certificate of reviewability 
     under clause (ii), the Government shall be afforded an 
     opportunity to file a brief in response to the alien's brief. 
     The alien may serve and file a reply brief not later than 14 
     days after service of the Government brief, and the court may 
     not extend this deadline except upon motion for good cause 
     shown.
       ``(E) No further review of decision not to issue a 
     certificate of reviewability.--The decision of a judge on the 
     Federal Circuit Court of Appeals not to issue a certificate 
     of reviewability or to deny a petition for review, shall be 
     the final decision for the Federal Circuit Court of Appeals 
     and may not be reconsidered, reviewed, or reversed by the 
     such Court through any mechanism or procedure.''.

     SEC. 508. DISCRETIONARY DECISIONS ON MOTIONS TO REOPEN OR 
                   RECONSIDER.

       (a) Exercise of Discretion.--Section 240(c) (8 U.S.C. 
     1229a(c)) is amended--
       (1) in paragraph (6), by adding at the end the following 
     new subparagraph:
       ``(D) Discretion.--The decision to grant or deny a motion 
     to reconsider is committed to the Attorney General's 
     discretion.''; and
       (2) in paragraph (7), by adding at the end the following 
     new subparagraph:
       ``(D) Discretion.--The decision to grant or deny a motion 
     to reopen is committed to the Attorney General's 
     discretion.''.
       (b) Eligibility for Protection From Removal to Alternative 
     Country.--Section 240(c) (8 U.S.C. 1229a(c)), as amended by 
     subsection (a), is further amended by adding at the end of 
     paragraph (7)(C) the following new clause:
       ``(v) Special rule for alternative countries of removal.--
     The requirements of this paragraph may not apply if--

       ``(I) the Secretary of Homeland Security is seeking to 
     remove the alien to an alternative or additional country of 
     removal under paragraph (1)(C), 2(D), or 2(E) of section 
     241(b) that was not considered during the alien's prior 
     removal proceedings;
       ``(II) the alien's motion to reopen is filed within 30 days 
     after receiving notice of the Secretary's intention to remove 
     the alien to that country; and
       ``(III) the alien establishes a prima facie case that the 
     alien is entitled by law to withholding of removal under 
     section 241(b)(3) or protection under the Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, with respect 
     to that particular country.''.

       (c) Effective Date.--This amendment made by this section 
     shall apply to motions to reopen or reconsider which are 
     filed on or after the date of the enactment of this Act in 
     removal, deportation, or exclusion proceedings, whether a 
     final administrative order is entered before, on, or after 
     the date of the enactment of this Act.

     SEC. 509. PROHIBITION OF ATTORNEY FEE AWARDS FOR REVIEW OF 
                   FINAL ORDERS OF REMOVAL.

       (a) In General.--Section 242 (8 U.S.C. 1252), as amended by 
     section 505(b), is further amended by adding at the end the 
     following new subsection:
       ``(i) Prohibition on Attorney Fee Awards.--Notwithstanding 
     any other provision of law, a court may not award fees or 
     other expenses to an alien based upon the alien's status as a 
     prevailing party in any proceedings relating to an order of 
     removal issued under this Act, unless the court of appeals 
     concludes that the determination of the Attorney General or 
     the Secretary of Homeland Security that the alien was 
     removable under sections 212 and 237 was not substantially 
     justified.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to proceedings relating to an order of removal 
     issued on or after the date of the enactment of this Act, 
     regardless of the date that such fees or expenses were 
     incurred.

     SEC. 510. BOARD OF IMMIGRATION APPEALS.

       (a) Requirement to Hear Cases in 3-Member Panels.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), cases before the Board of Immigration Appeals of the 
     Department of Justice shall be heard by 3-member panels of 
     such Board.
       (2) Hearing by a single member.--A 3-member panel of the 
     Board of Immigration Appeals or a member of such Board alone 
     may--
       (A) summarily dismiss any appeal or portion of any appeal 
     in any case which--
       (i) the party seeking the appeal fails to specify the 
     reasons for the appeal;
       (ii) the only reason for the appeal specified by such party 
     involves a finding of fact or a conclusion of law that was 
     conceded by that party at a prior proceeding;
       (iii) the appeal is from an order that granted such party 
     the relief that had been requested;
       (iv) the appeal is determined to be filed for an improper 
     purpose, such as to cause unnecessary delay; or
       (v) the appeal lacks an arguable basis in fact or in law 
     and is not supported by a good faith argument for extension, 
     modification, or reversal of existing law;
       (B) grant an unopposed motion or a motion to withdraw an 
     appeal pending before the Board; or
       (C) adjudicate a motion to remand any appeal--
       (i) from the decision of an officer of the Department if 
     the appropriate official of the Department requests that the 
     matter be remanded back for further consideration;
       (ii) if remand is required because of a defective or 
     missing transcript; or
       (iii) if remand is required for any other procedural or 
     ministerial issue.
       (3) Hearing en banc.--The Board of Immigration Appeals may, 
     by a majority vote of the Board members--
       (A) consider any case as the full Board en banc; or
       (B) reconsider as the full Board en banc any case that has 
     been considered or decided by a 3-member panel.
       (b) Affirmance Without Opinion.--Upon individualized review 
     of a case, the Board of Immigration Appeals may affirm the 
     decision of an immigration judge without opinion only if--
       (1) the decision of the immigration judge resolved all 
     issues in the case;
       (2) the issue on appeal is squarely controlled by existing 
     Board or Federal court precedent and does not involve the 
     application of precedent to a novel fact situation;
       (3) the factual and legal questions raised on appeal are so 
     insubstantial that the case does not warrant the issuance of 
     a written opinion in the case; and
       (4) the Board approves both the result reached in the 
     decision below and all of the reasoning of that decision.
       (c) Requirement for Regulations.--Not later than 180 days 
     after the date of the enactment of this Act, the Attorney 
     General shall promulgate regulations to carry out this 
     section.

                        TITLE VI--MISCELLANEOUS

     SEC. 601. TECHNICAL AND CONFORMING AMENDMENTS.

       The Attorney General, in consultation with the Secretary, 
     shall, as soon as practicable but not later than 90 days 
     after the date of the enactment of this Act, submit to 
     Congress a draft of any technical and conforming changes in 
     the Immigration and Nationality Act which are necessary to 
     reflect the changes in the substantive provisions of law made 
     by the Homeland Security Act of 2002, this Act, or any other 
     provision of law.
                                  ____


   Securing America's Borders Act (SABA)--Section by Section Analysis


                      TITLE I--BORDER ENFORCEMENT

       SUBTITILE A--ASSETS FOR CONTROLLING UNITED STATES BORDERS

     Section 101. Enforcement personnel
       Section 101 authorizes such sums as necessary to recruit, 
     hire, and train 250 new Custom and Border Protection 
     officers, 200 new positions for investigative personnel to 
     investigate alien smuggling, and 250 additional port of entry 
     inspectors, annually from FY 2007 to FY 2011. It also 
     increases the number of customs enforcement inspectors by 200 
     in section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004. Finally, it authorizes appropriations 
     as necessary for the hiring of 2,400 additional border patrol 
     agents annually for six years--adding an additional 4,400 
     agents to the border over 6 years to the 10,000 already added 
     by the Intelligence Reform and Terrorism Prevention Act of 
     2004 (for a total of 14,400 new Border Patrol Agents by 
     2011).
     Section 102. Technological assets
       Section 202 authorizes such sums as necessary for the 
     acquisition of unmanned aerial vehicles, cameras, poles, 
     sensors and other technologies to achieve operational control 
     of the borders. It also requires the Secretary of DHS and the 
     Secretary of Defense to increase the availability and use of 
     Defense equipment to assist in controlling the borders and 
     submit a report to Congress.
     Section 103. Infrastructure
       Section 103 authorizes such sums as necessary to construct 
     all-weather roads and add vehicle barriers along the borders.
     Section 104. Border Patrol checkpoints
       Section 104 authorizes the Secretary to maintain temporary 
     or permanent border patrol checkpoints in close proximity to 
     the southern border.
     Section 105. Ports of entry
       Section 105 authorizes the Secretary to construct 
     additional ports of entry and to make improvements to 
     existing ports of entry along the land borders.
     Section 106. Construction of strategic border fencing and 
         vehicle barriers
       Section 106 requires DHS, over the next two years, to 
     replace all aged, deteriorating, or damaged primary fencing 
     with double or triple layered fencing in Arizona population 
     centers on the border. The fencing must be extended no less 
     than 2 miles beyond those population centers. This section 
     also requires DHS to construct at least 200 miles of vehicle 
     barriers and all-weather roads in areas that are known 
     transit points for illegal cross border traffic.


                   SUBTITLE B--BORDER SECURITY PLANS,

                         STRATEGIES AND REPORTS

     Section 111. Surveillance plan
       Section 111 requires the Secretary of DHS to submit a 
     comprehensive plan for the systematic surveillance of the 
     U.S. land and sea borders.

[[Page 3978]]


     Section 112. National strategy for border security
       Section 112 requires the Secretary of DHS, in consultation 
     with the heads of other appropriate Federal agencies, to 
     develop and submit to Congress a National Strategy for Border 
     Security.
     Section 113. Reports on Improving the exchange of information 
         on North American security
       Section 113 requires the Secretary of State, in 
     coordination with the Secretary of DHS and the Secretary of 
     Defense, to submit to Congress a report on improving the 
     exchange of information related to the security of North 
     America, including a description of progress made on security 
     clearances and document integrity, immigration and visa 
     management, visa policy coordination, counterterrorism and 
     terrorist watch lists, and law enforcement cooperation among 
     the United States, Mexico, and Canada.
     Section 114. Improving the security of Mexico's southern 
         border
       Section 114 directs the Secretary of State and Secretary of 
     DHS to work with Canada and Mexico to establish a program to 
     assess the needs of Guatemala and Belize in maintaining the 
     security of their borders, and to work with Guatemala and 
     Belize to provide law enforcement assistance to dismantle 
     human smuggling organizations and gain additional control 
     over the border between Guatemala and Belize. It also directs 
     the Secretaries and the Director of the FBI to establish a 
     database to track criminal gang activities in Central 
     America.


             SUBTITLE C--OTHER BORDER SECURITY INITIATIVES

     Section 121. Biometric data enhancements
       Section 121 requires the Secretary of DHS, by October 1, 
     2007, to enhance the connectivity between the Automated 
     Biometric Fingerprint Identification System (IDENT) and 
     Integrated Automated Fingerprint Identification System 
     (IAFIS) biometric databases and collect all fingerprints from 
     individuals through the United States Visitor and Immigrant 
     Status Indicator Technology (US-VISIT) program during their 
     initial enrollment.
     Section 122. Secure communication
       Section 122 requires the Secretary of DHS to implement a 
     two-way communication system between Border Patrol agents in 
     the field and their station offices, as well as between 
     appropriate DHS border security agencies at the State, local 
     and tribal law enforcement agencies.
     Section 123. Border Patrol training capacity review
       Section 123 requires the Comptroller General to review the 
     basic training provided to new Border Patrol agents to ensure 
     that such training is provided as efficiently and cost 
     effectively as possible.
     Section 124. US-VISIT system
       Section 124 requires the Secretary of DHS, in consultation 
     with the heads of other appropriate Federal agencies, to 
     submit to Congress a timeline for equipping all land border 
     ports of entry with the US-VISIT system, deploying at all 
     land border ports of entry the exit component of the US-VISIT 
     system, and making all immigration screening systems 
     interoperable.
     Section 125. Document fraud detection
       Section 125 requires that all immigration inspectors 
     receive training in identifying and detecting fraudulent 
     travel documents and obtain access to the Forensic Document 
     Laboratory. It also requires the Inspector General of DHS to 
     conduct an independent assessment of the accuracy and 
     reliability of the Forensic Document Laboratory and to submit 
     a report to Congress.
     Section 126. Improved document integrity
       Section 126 requires that immigration-status documents, 
     other than interim documents, issued by DHS be machine-
     readable, tamper-resistant, and incorporate biometric 
     identifiers by October 26, 2007.
     Section 127. Cancellation of visas
       Section 127 voids visas held by a nonimmigrant alien if the 
     alien remains in the U.S. beyond the period of authorized 
     stay, and requires aliens who overstay to return to their 
     consulate abroad to undergo additional screening before being 
     able to return to the U.S.
     Section 128. Biometric entry-exit system
       Section 128 authorizes DHS to collect biometric data from 
     any alien or LPR seeking admission to, exit from, transit 
     through, or paroled into the U.S., and provides that failure 
     to comply with the biometric requirements is a ground for 
     inadmissibility.
     Section 129. Border study
       Section 129 requires the Secretary of DHS to conduct a 
     study and submit a report to Congress on the construction of 
     a physical barrier system along the southern and northern 
     international land and maritime borders of the United States.
     Section 130. Secure border initiative financial 
         accountability
       Section 130 requires the Inspector General of the 
     Department of Homeland Security to review all contracts over 
     $20 million that pertain to the Secure Border Initiative. The 
     IG would have to provide a report to the Secretary on any 
     cost overruns, delays in execution, or mismanagement of these 
     contracts. This section would also require the Secretary of 
     Homeland Security to disclose all contracts with foreign 
     entities on the Secure Border Initiative and the Committee on 
     Foreign Investment in the United States would have to report 
     to Congress on proposed purchases of U.S. port operations by 
     a foreign entity.


                    title ii.--interior enforcement

     Section 201. Removal and denial of benefits to terrorist 
         aliens
       Section 201(a) amends the INA so that all aliens 
     inadmissible on terrorism-related grounds are ineligible for 
     asylum.
       Section 201(b) expands the class of aliens ineligible on 
     security-related grounds for cancellation of removal. Current 
     law provides that all aliens ``inadmissible'' and 
     ``deportable'' on security-related grounds are ineligible; 
     subsection (b) provides that all aliens ``described in'' 
     those provisions are also ineligible.
       Section 201(c) expands the class of aliens ineligible on 
     security-related grounds for voluntary departure. Current law 
     disqualifies from voluntary removal all aliens ``deportable'' 
     on security-related grounds and because of conviction of an 
     aggravated felony; subsection (c) extends this 
     disqualification to all aliens ``described in'' those 
     provisions.
       Section 201(d) renders ineligible for withholding of 
     removal all aliens ``described in'' the provisions of the INA 
     rendering aliens inadmissible on terrorism grounds and most 
     of the provisions rendering aliens deportable on terrorism 
     grounds.
       Section 201(e) narrows the class of aliens eligible for a 
     record of admission for permanent residence if no such record 
     is otherwise available. Current law requires an alien seeking 
     such a record of admission to prove that he is not 
     ``inadmissible'' on the grounds of participation in certain 
     Nazi-related activities and certain other activities, and 
     that he is not ``deportable'' for terrorist activities; 
     subsection (e) requires aliens to prove they are not 
     ``described in'' those provisions.
       Section 201(f) provides that the amendments in this section 
     apply to aliens in removal, deportation, and exclusion 
     proceedings on the date of enactment, and to acts or 
     conditions occurring before, on, or after the date of 
     enactment.
     Section 202. Detention and removal of aliens ordered removed
       Section 202 responds to the Supreme Court's decision in 
     Zadvydas v. Davis, 533 U.S. 678 (2001). The issue addressed 
     in this section, and in Zadvydas, is what the Government may 
     do if the removal period expires and the Government has not 
     managed to remove the alien.
       Section 202(a)(1)(E)-(G) addresses authority to detain 
     beyond the removal period aliens ordered removed who are 
     inadmissible; who are removable as a result of violations of 
     status requirements or entry conditions, violations of 
     criminal law, or reasons of security or foreign policy; or 
     who have otherwise been determined by the Attorney General to 
     constitute a risk to the community or to be unlikely to 
     comply with the order of removal.
       Section 202(a)(1)(E) provides that such aliens may be 
     detained beyond the removal period in the discretion of DHS 
     and without any limitations other than those specified in the 
     statute. Section 202(a)(1)(G) sets forth detailed guidelines 
     for detention following the removal period of the classes of 
     aliens identified above:
       With respect to aliens who have effected entry to the 
     United States and have fully cooperated with the Government's 
     efforts to carry out removal, DHS may detain such aliens 
     until removal after making one of a variety of 
     certifications. DHS must renew such a certification every six 
     months for as long as it wants to continue detaining the 
     alien. In the absence of a certification, the alien is to be 
     released, although conditions may be imposed and re-detention 
     is possible. DHS may not delegate the decision to certify or 
     renew a certification to an officer inferior to the 
     Commissioner of ICE.
       With respect to aliens who have effected an entry to the 
     United States and would be removed but for failure to 
     cooperate fully with removal efforts, DHS may detain them 
     until the alien makes all reasonable efforts to comply with 
     the removal efforts.
       With respect to aliens who have not effected an entry to 
     the United States, DHS is required to follow the guidelines 
     set forth in a specified provision of the CFR.
       Section 202(a)(1)(G) authorizes DHS to parole the alien if 
     she/he is an applicant for admission. Finally, it makes 
     judicial review regarding the above paragraphs available only 
     in habeas corpus proceedings after exhaustion of 
     administrative remedies available as of right.
       Section 202(a)(1)(A) provides that DHS, not DOJ, oversees 
     detention and removal of aliens ordered removed.
       Section 202(a)(1)(B) modifies the definition of one of the 
     three events, the latest of which marks the beginning of the 
     90-day removal period. Under current law, one of the three 
     events marking the beginning of the removal period is the 
     date of the court's final order, if such a court has stayed 
     the

[[Page 3979]]

     alien's removal so that it can review the removal order. 
     Section 202(a)(1)(B) revises this clause so that the removal 
     period would begin on the expiration of the stay of removal 
     entered by a court, the BIA, or an immigration judge.
       Section 202(a)(1)(B) also expands the authority of the 
     Government to extend the removal period beyond 90 days, if 
     the alien fails or refuses to make all reasonable efforts to 
     comply with the removal order or to fully cooperate with 
     DHS's efforts to establish the alien's identity and carry out 
     the removal order.
       Finally, Section 202(a)(1)(B) provides that in no event can 
     the 90-day removal period begin until the alien is in DHS's 
     custody. If DHS transfers custody of the alien during the 
     removal period to another Federal, state, or local agency, 
     the removal period is tolled and begins anew when the alien 
     is returned to DHS's custody.
       Section 202(a)(1)(C) provides explicit statutory authority 
     for DHS to detain an alien during a stay of removal ordered 
     by a court, the BIA, or an immigration judge, so long as the 
     alien is otherwise subject to an administratively final order 
     of removal.
       Section 202(a)(1)(D) addresses the terms under which the 
     alien is to be supervised if she has not been removed after 
     the removal period expires to prevent the alien from 
     absconding, to protect the community, or otherwise to enforce 
     the immigration laws.
       Section 202(a)(2) provides that the amendments made by 
     Section 202(a)(1) will apply to all aliens subject to a final 
     administrative removal, deportation, or exclusion order that 
     was issued before, on, or after the date of enactment of the 
     Act.
       Section 202(b) amends that portion of title 18 concerning 
     release of a criminal defendant pending trial to establish a 
     rebuttable presumption that no conditions of release will 
     reasonably ensure the appearance of the defendant as required 
     if the judge finds probable cause to believe that the person 
     has no lawful immigration status, is the subject of a final 
     order of removal, or has committed one in a list of 
     immigration offenses.
       Section 202(b) also amends that portion of title 18 
     enumerating the factors that a judge must consider when 
     determining whether there are conditions of release that will 
     reasonably assure the appearance of criminal defendants as 
     required. The subsection provides that the judge shall 
     consider the person's immigration status.
     Section 203. Aggravated felony
       Section 203(a) modifies the definition of the term 
     ``aggravated felony.'' Sections 203(a)(1) and (a)(5) provide 
     that convictions based on the term of imprisonment are 
     covered even if the length of the sentence was based on 
     recidivist or other enhancements.
       Section 203(a)(2) broadens the term to include all bringing 
     in and harboring certain aliens crimes.
       Section 203(a)(3) broadens the definition to include any 
     felony conviction under INA Section 275 (Improper Entry by an 
     Alien) and Section 276 (``Reentry of Removed Alien''). The 
     current definition covers only crimes under Sections 275(a) 
     and 276 that were committed by an alien previously deported 
     for another aggravated felony. By capturing the rest of 
     Section 275, the definition now includes felony convictions 
     for marriage fraud and immigration-related entrepreneurship 
     fraud, in addition to a much broader swath of offenses for 
     improper entry and reentry themselves.
       Section 203(a)(4) expands the definition to include 
     soliciting, aiding, abetting, counseling, commanding, 
     inducing, or procuring another to commit one of the crimes 
     listed already in the definition.
       Section 203(b) bars a refugee convicted of an aggravated 
     felony from eligibility for adjustment of status.
       Section 203(c) provides that Sections 203(a) and 203(b) 
     apply to acts occurring before, on, or after the date of 
     enactment and to all proceedings in which the alien is 
     required to establish admissibility on or after the date of 
     enactment of the Act.
     Section 204. Terrorist bars
       Section 204(a)(1) provides that no alien shall be found to 
     have ``good moral character'' for purposes of the INA if DHS 
     or DOJ determines that the alien is described in sections 
     212(a)(3) (excludable on security or related grounds) or 
     237(a)(4) (removable on security or related grounds).
       Section 204(a)(2) clarifies that the bar against aggravated 
     felons being found to have ``good moral character'' applies 
     even if the underlying crime was not classified as an 
     aggravated felony at the time of conviction, and provides 
     waiver authority when the completion of the term of 
     imprisonment and sentence occurred 10 or more years prior to 
     the date of application.
       Section 204(a)(3) clarifies that the ``catch-all'' 
     component of the definition of ``good moral character'' 
     includes discretionary authority to find an alien lacks good 
     moral character for reasons not enumerated in the definition. 
     The provision also clarifies that this discretionary 
     authority may be based upon the alien's conduct outside the 
     period during which good moral character is required.
       Section 204(b) provides that a petition for granting 
     certain classes of immigrant status may not be granted if 
     there is any proceeding pending that could result in the 
     petitioner's denaturalization or loss of the petitioner's 
     lawful permanent resident status.
       Section 204(c) clarifies that an alien admitted as a 
     conditional lawful permanent resident must have the condition 
     removed before she can be lawfully admitted.
       Section 204(d) modifies the law governing judicial review 
     of naturalization decisions. Subsection (d)(1) requires an 
     alien to seek review of the denial of his application for 
     naturalization within 120 days of DHS's final determination. 
     Subsection (d)(2) imposes on the alien the burden of showing 
     that DHS's denial was contrary to law. It also removes 
     jurisdiction from the courts, except in proceedings to revoke 
     naturalization, to review or make any determination that an 
     alien is a person of good moral character, understands and is 
     attached to the principles of the Constitution, and is well-
     disposed to the good order and happiness of the United 
     States.
       Section 204(e) bars from being naturalized any alien whom 
     DHS determines to have been at any time an alien described in 
     INA sections 2l2(a)(3) (excludable on security or related 
     grounds) or 237(a)(4) (removable on security or related 
     grounds).
       Section 204(f) provides that neither a court nor DHS may 
     consider a naturalization application while there is pending 
     any proceeding to determine inadmissibility, deportability, 
     or rescission of eligibility for lawful permanent residence, 
     regardless of when the proceeding commenced.
       Section 204(g) modifies the circumstances under which an 
     alien may seek judicial review of a pending naturalization 
     application. The subsection limits the district court's 
     jurisdiction to examining the basis for any delay and 
     remanding to DHS for adjudication. The time after which the 
     alien may seek judicial review is extended to 180 days after 
     DOJ's examination of the applicant.
       Section 204(h) provides that the amendments made by this 
     section will apply to acts occurring before, on, or after the 
     date of enactment and to all applicable cases or matters 
     pending on or filed after the date of enactment of the Act.
     Section 205. Increased criminal penalties related to gang 
         violence, removal and alien smuggling
       Section 205(a)(1) renders inadmissible any alien who a 
     consular officer, DOJ, or DHS knows or has reason to believe 
     is or has been a member of a gang (as defined in Title 18), 
     or who has participated in such a gang's activities knowing 
     or having reason to know that such activities supported the 
     gang's illegal conduct. Section 205(a)(2) renders such aliens 
     deportable as well, though it exempts aliens who were members 
     of a gang only before admission to the country. (DHS and DOJ 
     can waive application of both 205(a)(1) and (a)(2).)
       Section 205(a)(3) modifies the rules concerning Temporary 
     Protected Status (TPS). It transfers the authority over TPS 
     from DOJ to DHS; provides DHS with authority to terminate a 
     TPS designation for any reason; permits DHS to extend a 
     country's TPS designation for any amount of time up to 18 
     months; abolishes the $50 cap on the TPS registration fee; 
     denies TPS status to any alien who is a member of a gang, or 
     has been at any time after admission; and clarifies that a 
     TPS alien's immunity from detention on the basis of his/her 
     immigration status does not extend to detentions authorized 
     by other provisions of law.
       Section 205(b):
       Permits the government to penalize for failure to depart 
     those aliens ordered removed because they were inadmissible.
       Changes the base penalty for failure to depart to a 
     mandatory minimum of 6 months and a maximum of 5 years, along 
     with a fine.
       Changes the penalty for an alien's willful failure to 
     comply with the terms of release under supervision by 
     removing any statutory limit on the fine and adding a 
     mandatory minimum of 6 months and a maximum of 5 years, or 10 
     years for certain categories of deportable aliens.
       Allows the Secretary of Homeland Security to instruct the 
     Secretary of State to deny issuing a visa to any national of 
     a country if that country refuses to accept the return of its 
     nationals. The language only relates to visa issuance, not 
     denial of admission at port-of-entry, ensuring that refugees/
     asylees are not impacted and that aliens know they will not 
     be admitted before they travel to the U.S.
       Section 205(c) strikes and replaces the provision of the 
     INA covering alien smuggling and related offenses. One key 
     purpose of this section is to clarify a provision of the INA 
     that has become confusing and overly complicated after years 
     of piecemeal amendments. But there are substantive changes as 
     well, as the section:
       Expands the alien-smuggling crime to cover individuals who 
     ``facilitate[], encourage[], direct[], or induce[]'' an alien 
     to enter the country at other than a designated port of 
     entry, and to cover those who act with reckless disregard of 
     the alien's unlawful immigration status;
       Creates a new crime for transporting or harboring certain 
     aliens in unlawful transit outside the U.S., under 
     circumstances where the alien is seeking to enter the United 
     States unlawfully; and

[[Page 3980]]

       Criminalizes attempts to encourage or induce an alien to 
     reside or remain in the United States.
       Section 205(c) also dispenses with the current penalty 
     scheme for alien smuggling and provides increasing penalties 
     depending on whether the offense was not committed for profit 
     (5 year stat max), if the offense was committed for 
     commercial advantage, profit, or private financial gain (20 
     year stat max), if the offense was a second or subsequent 
     violation and committed for profit (3 year mandatory minimum, 
     20 year stat max), if the offense was committed with the 
     intent to further or aid another offense punishable by 1 year 
     or more (5 year mandatory minimum, 20 year stat max), if the 
     offense created a substantial risk of death or serious bodily 
     injury (5 year mandatory minimum, 20 year stat max), if the 
     offense caused serious bodily injury (7 year mandatory 
     minimum, 30 year stat max), if the offense involved an alien 
     who the offender knew or had reason to believe was engaged in 
     terrorist activity (10 year mandatory minimum, 30 year stat 
     max), or if death resulted (10 year mandatory minimum, life 
     maximum). The subsection also provides for extraterritorial 
     federal jurisdiction.
       In addition, Section 205(c) clarifies that a religious 
     organization is not guilty of alien smuggling if it provides 
     room, board, travel, and medical assistance to an alien 
     serving as a minister or missionary in a volunteer capacity, 
     provided that the alien has been a member of the religious 
     denomination for at least one year.
       Section 205(c) also broadens the crime of hiring 
     unauthorized aliens for employment to include those who 
     knowingly hire in reckless disregard of the alien's unlawful 
     immigration status and increases the maximum penalty to 10 
     years.
       Section 205(c) also expands the forfeiture provisions of 
     the alien-smuggling statute to cover any property used to 
     commit or facilitate a violation of either alien smuggling or 
     hiring of unauthorized aliens, proceeds of such a violation, 
     and property traceable to either of them.
       Finally, Section 205(c) simplifies and slightly expands the 
     reach of provisions governing prima facie evidence in the 
     determination of alien smuggling violations; makes two modest 
     changes to the section governing admissibility of videotaped 
     witness testimony to ensure compliance with the Confrontation 
     Clause; and includes new definitions making it clear that for 
     purposes of alien smuggling, an alien is deemed to have 
     crossed the border into the United States regardless of 
     whether the alien is free from official restraint.
       Section 205(d) adds alien smuggling to the list of crimes 
     during and in relation to which 18 U.S.C. Sec. 924(c) 
     provides a mandatory minimum for carrying or using a firearm.
     Section 206. Illegal entry or unlawful presence of an alien
       Section 206 modifies INA Section 275, which currently 
     covers illegal entry.
       The new Section 275(a):
       Adds a scienter requirement, ``knowingly,'' to the various 
     improper entry crimes.
       Criminalizes an alien's knowing unlawful presence in the 
     United States;
       Clarifies that the unlawful entry crime covers any alien 
     who knowingly crosses the border, even if s/he was under 
     observation at the time;
       Provides higher maximum penalties for aliens convicted of 
     illegal entry (and unlawful presence) who have a sufficiently 
     serious criminal record; and
       Clarifies that illegal entry and unlawful presence continue 
     until the alien is discovered within the country by an 
     immigration officer.
       The new Section 275(b) clarifies that the civil penalties 
     for unlawful entry cover any alien who knowingly crosses the 
     border, even if s/he was under observation at the time.
     Section 207. Illegal reentry
       Section 207 provides higher maximum penalties for aliens 
     convicted of illegal reentry who have a sufficiently serious 
     criminal record. The penalty structure here is similar to 
     that provided for illegal entry and unlawful presence in 
     Section 206.
       In addition, this section:
       Adds an element to an affirmative defense available to 
     aliens previously denied admission and removed;
       Heightens the standard the alien must meet in order to 
     collaterally attack the underlying removal order under this 
     section; and
       Clarifies that the illegal reentry crime covers any alien 
     who knowingly crosses the border, even if s/he was under 
     observation at the time.
     Section 208. Reform of passport, visa, and immigration fraud 
         offenses
       Section 208 provides a comprehensive rewriting of chapter 
     75 of title 18, which currently covers Passports and Visas 
     and is amended to cover Passport, Visa, and Immigration 
     Fraud.
       The proposed section 1541 creates a new crime for 
     trafficking in passports. Section 1541(a) would punish those 
     who unlawfully produce, issue, transfer, forge, or falsely 
     make passports, as well as those who transact in passports 
     they know to be forged or counterfeited and those who 
     prepare, submit, or mail applications for passports that they 
     know include a false statement. The maximum penalty for these 
     crimes would be 20 years.
       Section 1541(b) would punish any individual who knowingly 
     and without lawful authority produced, obtained, possessed, 
     or used various papers, seals, symbols, or other materials 
     used to make passports. This crime also would carry a maximum 
     of 20 years.
       The proposed section 1542 modifies the current penalization 
     of false statements in a passport application:
       For making a false statement in a passport application, 
     modifies the requisite mens rea to ``willfully''; removing 
     the requirement that the government show intent to induce or 
     secure the issuance of a passport from the United States; and 
     broadens the crime to cover the passport's supporting 
     documentation;
       Creates a new crime for completing, signing, or submitting 
     a passport application (including supporting documentation), 
     knowing that it contains a false statement or representation;
       Creates a new crime for causing (or attempting to cause) 
     the production of a passport by means of any fraud or false 
     application for a U.S. passport, when such production occurs 
     (or would occur) at an authorized facility; and
       Creates a statutory maximum of 15 years for all these 
     crimes, replacing the tiered penalty structure under current 
     law.
       The proposed section 1543 addresses ``Forgery and Unlawful 
     Production of a Passport,'' and is analogous to existing 
     section 1543, which covers ``Forgery or False Use of a 
     Passport.'':
       For falsely making or counterfeiting a passport, requires 
     that the defendant knowingly counterfeited or falsely made 
     the passport (in contrast to current law, which requires 
     proof that the defendant falsely made or counterfeited a 
     passport with intent that the same may be used);
       For transferring a forged or counterfeited passport, 
     requiring only that the defendant ``knowingly'' transferred 
     the passport, knowing it to be forged or counterfeited (in 
     contrast to current law, which requires proof that the 
     defendant ``willfully and knowingly'' furnished such a 
     passport to another);
       For using a forged or counterfeited passport, reducing the 
     mens rea to ``knowingly'';
       Adding the new crime of knowingly and without lawful 
     authority producing or issuing a passport for or to any 
     person not owing allegiance to the United States;
       Adding the new crime of knowingly and without lawful 
     authority transferring a passport to a person for use when 
     such person is not the person for whom the passport was 
     issued or designed; and
       Creating a statutory maximum of 15 years for all these 
     crimes, replacing the tiered penalty structure under current 
     law.
       The proposed section 1544 covers ``Misuse of a Passport,'' 
     the same title that section bears under current law. Changes 
     include:
       For using a passport issued or designed for another, 
     reducing the mens rea to ``knowingly'';
       For using a passport in violation of applicable rules, 
     reducing the mens rea to ``knowingly'';
       Expanding the crime of knowing use of a forged or 
     counterfeit passport so that it covers the knowing 
     possession, receipt, purchase, sale, or distribution of such 
     a passport;
       Amending the crime for violating the terms and conditions 
     of any duly-obtained safe conduct by adding a mens rea of 
     ``knowingly'';
       Increasing the maximum penalty for violating the terms of 
     any safe conduct from 10 to 15 years;
       Creating a new crime for knowingly using a passport to 
     enter or attempt to enter the country, knowing that the 
     passport is forged or counterfeited;
       Creating a new crime for knowingly using a passport to 
     defraud an agency of the United States or a State, knowing 
     that the passport is forged or counterfeited; and
       Creating a statutory maximum of 15 years for all these 
     crimes, replacing the tiered penalty structure under current 
     law.
       Section 1545 creates new crimes designed to punish schemes 
     to defraud aliens. Section l545(a) provides a maximum 15-year 
     penalty for anyone who knowingly executes a scheme to defraud 
     any person in connection with any matter arising under the 
     immigration laws or that the offender claims arises under the 
     immigration laws. Section 1545(b) provides a maximum 15-year 
     penalty for anyone who knowingly and falsely represents 
     himself to be an attorney in any matter arising under the 
     immigration laws.
       Section 1546, ``Immigration and Visa Fraud,'' revises and 
     expands the current version of the same section, which is 
     titled, ``Fraud and Misuse of Visas, Permits, and Other 
     Documents.'' Changes to Section 1546(a) include:
       Creating a new crime for knowing use of any immigration 
     document issued or designed for use by another;
       Penalizing those who knowingly forge or falsely make any 
     immigrant document (in contrast to current law, which covers 
     only those immigration documents ``prescribed by statute or 
     regulation for entry into or as evidence of authorized stay 
     or employment'' in the U.S.);

[[Page 3981]]

       Expanding the crime for false statements in an application 
     for immigration documents by striking the requirement that 
     the statement was made under oath;
       Expanding the crime of knowing use of a forged or 
     counterfeit immigration document so that it covers ``any 
     immigration document'';
       Expanding the same crime so that it covers the knowing 
     possession, receipt, purchase, sale, or distribution of such 
     documents;
       Creating a statutory maximum of 15 years for all these 
     crimes, replacing the tiered penalty structure under current 
     law.
       Section 1546(b) creates new penalties for trafficking in 
     immigration documents. The covered conduct is analogous to 
     those covered in the proposed section 1541(a), concerning 
     trafficking in passports. Also like the proposed section 
     1541(a), section 1546(b) provides a maximum penalty of 20 
     years.
       Section 1546(c) creates new penalties analogous to section 
     1541(b). The new 1546(c) would punish any individual who 
     knowingly and without lawful authority produced, obtained, 
     possessed, or used various papers, seals, symbols, or other 
     materials used to make immigration documents. Like its 
     counterpart, section 1541(b), section 1546(c) would carry a 
     maximum of 20 years.
       Section 1547 strengthens the penalties for marriage fraud 
     by:
       Increasing the maximum penalty for marriage fraud from 5 
     years to 10 years;
       Providing a new penalty of up to 10 years for those who 
     misrepresent the existence or circumstances of a marriage in 
     immigration documents or proceedings;
       Providing a new penalty of up to 20 years for those who 
     enter into multiple marriages in order to evade immigration 
     law;
       Providing new penalties of up to 20 years for those who 
     arrange, support, or facilitate multiple such marriages;
       Providing that the offenses continue until the fraudulent 
     nature of the marriage is discovered; and
       Penalizing attempts and conspiracies in the same manner as 
     a completed violation.
       Expanding the penalty for immigration-related 
     entrepreneurship fraud from 5 years to 10 years.
       Section 1548 provides that attempts and conspiracies to 
     violate any section of chapter 75 carry the same punishment 
     as a completed violation.
       Section 1549 provides for a maximum penalty of 25 years for 
     any violation of this chapter where the actor intends to 
     facilitate an act of international or domestic terrorism, or 
     where s/he knew that the violation would facilitate such an 
     act. It also provides a maximum penalty of 20 years for any 
     violation where the actor intends to facilitate any felony 
     offense against the United States or a State, or where s/he 
     knew that the violation would facilitate such a felony 
     offense.
       Section 1550 provides for seizure of property used to 
     commit or facilitate any crime under this chapter, the gross 
     proceeds of such a crime, and property traceable. Section 
     1551 extends the jurisdiction of U.S. courts to violations of 
     this chapter committed outside the United States in certain 
     circumstances. Section 1552 provides broad venue for the 
     prosecution of false statements in an application for a 
     passport. Section 1553 consists of definitions, and section 
     1554 clarifies that these amendments are not designed to 
     modify certain tools of law enforcement.
     Section 209. Inadmissibility and removal for passport and 
         immigration fraud offenses
       Section 209 renders inadmissible and removable any alien 
     convicted of a passport or visa violation under Chapter 75 of 
     title 18. Section 209(c) provides that these amendments apply 
     to proceedings pending on or after the date of enactment.
     Section 210. Incarceration of criminal aliens
       Section 210(a) authorizes DHS to extend the Institutional 
     Removal Program (IRP), which identifies removable aliens in 
     Federal and State prisons and remove such aliens after 
     completion of their sentences, to all states.
       Section 210(b) authorizes States to hold an illegal alien 
     for up to 14 days after completion of the alien's prison 
     sentence in order to effectuate transfer of the alien to 
     Federal custody. Alternatively, the State may issue a 
     detainer allowing such an alien to be detained by the State 
     prison until ICE can take the alien into custody.
       Section 210(c) requires the use of technology ``to the 
     maximum extent possible'' in order to make IRP available in 
     remote locations. Section 210(d) requires reporting on State 
     participation in the IRP or similar programs, and Section 
     210(e) authorizes appropriations.
     Section 211. Encouraging aliens to depart voluntarily
       Section 211(a)(1):
       Expands the class of aliens ineligible for voluntary 
     departure to those ``described in'' Section 237(a)(2)(A)(iii) 
     (aggravated felony) and Section 237(a)(4) (security and 
     related grounds, including terrorist grounds); and
       Transfers the power to permit aliens to depart voluntarily 
     in lieu of removal proceedings from the Attorney General to 
     the Secretary of DHS.
       Section 211(a)(1) also modifies the procedures for aliens 
     who accept voluntary departure after the beginning, but prior 
     to the completion, of removal proceedings, by:
       Offering such an alien only 60 days to depart (in contrast 
     to the 120 days allowed under current law) and allows for 
     aliens who agree to voluntary departure in lieu of removal 
     proceedings under both current law and the INA as amended by 
     this Act); and
       Requiring such an alien to post a voluntary departure bond, 
     to be surrendered upon proof that the alien has left the 
     country within the time specified, which can be waived on 
     presentation of ``compelling'' evidence that the bond is 
     unnecessary and would present a financial hardship.
       Section 211(a)(2) makes one change with respect to aliens 
     permitted to depart voluntarily at the conclusion of removal 
     proceedings: reducing the period in which such an alien must 
     depart from 60 days to 45 days.
       Section 211(a)(3) sets forth various new provisions 
     governing voluntary departure agreements, providing that:
       Voluntary departure is granted only as part of an 
     affirmative agreement by the alien;
       An alien who accepts voluntary departure after the 
     conclusion of removal proceedings must waive his or her right 
     to any further appeal or petition relating to removal;
       DHS has the authority, in connection with a voluntary 
     departure agreement, to reduce the period of inadmissibility 
     for certain aliens; and
       Agreements as to voluntary departure reached during removal 
     proceedings or at the conclusion of removal proceedings must 
     be presented on the record before the immigration judge, and 
     the judge must advise the alien of the consequences of the 
     agreement.
       In addition, Section 211(a)(3) provides that the failure of 
     the alien to comply with any terms of a voluntary departure 
     agreement renders the alien automatically ineligible for the 
     benefits of that agreement, subject to civil penalties 
     already authorized by the INA, and subject to an alternate 
     order of removal. Moreover, if the alien agrees to voluntary 
     departure but later files a timely appeal, such an appeal 
     voids the agreement and renders the alien ineligible for 
     voluntary departure while s/he remains in the country.
       Finally, Section 211(a)(3) provides that unless expressly 
     agreed to by DHS, an alien who has agreed to voluntary 
     departure shall not have the period allowed for such 
     departure tolled or otherwise affected by any motion, 
     application, or other legal petition.
       Section 211(a)(4) provides penalties for an alien's failure 
     to comply with a voluntary departure agreement: an automatic 
     $3,000 fine; ineligibility for certain forms of relief as 
     long as the alien remains in the country and for 10 years 
     thereafter; and ineligibility to reopen a final order of 
     removal, except to apply for withholding of removal or 
     protection under the Convention Against Torture.
       Section 211(a)(5) provides that all aliens previously 
     permitted to depart voluntarily are ineligible for a second 
     or subsequent voluntary departure agreement. This subsection 
     also transfers the power to issue regulations limiting 
     eligibility for voluntary departure in lieu of removal 
     proceedings from the Attorney General to the DHS Secretary, 
     and provides the DHS Secretary authority concurrent with the 
     Attorney General's to issue regulations limiting eligibility 
     for voluntary departure in other circumstances.
       Section 211(a)(6) removes jurisdiction from the courts to 
     stay, toll, or otherwise affect the period allowed for 
     voluntary departure.
       Section 211(b) authorizes the DHS Secretary to promulgate 
     rules to impose and collect penalties for failure to honor a 
     voluntary departure agreement.
     Section 212. Deterring aliens ordered removed from remaining 
         in the U.S. unlawfully
       Section 212(a) closes a loophole allowing aliens to avoid 
     the bar on reentry by aliens ordered removed by unlawfully 
     remaining in the United States. Specifically, Section 212(a) 
     provides that the bar on admissibility applies to aliens who 
     seek admission ``not later than'' 5 years (or 10, or 20, as 
     the case may be) after the date of removal, in contrast to 
     the current law's bar on admissibility for aliens who seek 
     admission ``within'' 5 years (or 10, or 20, as the case may 
     be) of the date of removal.
       Section 212(b) renders ineligible for future discretionary 
     relief any alien who absconds after receiving a final order 
     of removal. The bar applies until the alien leaves the United 
     States and for 10 years after. However, Section 213(b) 
     clarifies that such an alien remains eligible for a motion to 
     reopen to seek withholding of removal under certain 
     circumstances.
     Section 213. Prohibition of the sale of firearms to or the 
         possession of firearms by certain aliens
       Section 213(1) prohibits the transfer of firearms and 
     ammunition to an alien by those knowing or having reason to 
     know that the alien is a parolee. Section 214(2) prohibits 
     aliens who are parolees from transporting, possessing, and 
     receiving firearms and ammunition in interstate commerce. 
     Section 214(3) makes several technical corrections.
     Section 214. Uniform statute of limitations for certain 
         immigration, naturalization, and peonage offenses
       Section 214 provides a statute of limitations of 10 years 
     for most immigration crimes under the INA and title 18.

[[Page 3982]]


     Section 215. Diplomatic security services
       Section 215 authorizes Special Agents of the State 
     Department and the Foreign Service to investigate identity 
     theft, document fraud, peonage, slavery, and Federal offenses 
     committed within the special maritime and territorial 
     jurisdiction of the United States.
     Section 216. Field Agent Allocation and Background Checks
       Section 216 mandates each State to have at least 40 
     immigration enforcement agents, and at least 15 service 
     personnel (Secretary may waive requirement for states with 
     smaller populations).
       It also requires DHS and DOJ to wait until the completion 
     of background and security checks before granting any 
     immigration-related status or benefit or issuing 
     documentation evidencing such a grant.
     Section 217. Denial of benefits of terrorist and criminals
       Section 217 provides that nothing in the INA shall be 
     construed to require any federal agency to grant any 
     application, status, or benefit to an alien who may pose a 
     threat to national security, who is the subject of an 
     investigation under certain circumstances, and for whom 
     background checks have not been completed.
     Section 218. State criminal alien assistance program
       Section 218 directs DHS to reimburse States and units of 
     local government for costs associated with detaining and 
     processing illegal aliens through the criminal justice 
     system.
     Section 219. Transportation and processing of illegal aliens 
         apprehended by state and local law enforcement officers
       Section 219 requires DHS to provide sufficient 
     transportation and officers to take all illegal aliens 
     apprehended by State and local law enforcement officers into 
     custody for processing at a DHS detention facility.
     Section 220. State and local law enforcement of federal 
         immigration laws
       Section 220 requires the Secretary of Homeland Security to 
     reimburse state/local police organizations for training 
     required under Sec. 287(g). Under Sec. 287(g), Immigration 
     and Customs Enforcement provides state and local law 
     enforcement with the training and subsequent authorization to 
     identify, process, and when appropriate, detain immigration 
     offenders they encounter during their regular, daily law-
     enforcement activity.
     Section 221. Reducing illegal immigration and alien smuggling 
         on tribal lands
       Section 221 authorizes DHS to award grants to Indian tribes 
     with lands adjacent to international borders who may have 
     been adversely affected by illegal immigration.
     Section 222. Alternatives to detention
       Section 222 directs the Secretary of DHS to study the 
     effectiveness of alternatives to detention, including 
     electronic monitoring and the Intensive Supervision 
     Appearance Program (ISAP).
     Section 223. Conforming amendment
       Section 223 amends the definition of ``aggravated felony'' 
     so that it covers all penalties for passport, visa, and 
     immigration fraud under chapter 75 of title 18, as amended by 
     Section 208 of this Act.
     Section 224. Reporting requirements
       Section 224(a)(I) and (2) amend the current provisions in 
     INA Section 265 to take account of the transfer of 
     immigration enforcement authority from the Attorney General 
     to DHS.
       Section 224(a)(4) adds several new registration 
     requirements to the INA. Section 224(a)(4) makes clear that 
     the Secretary should provide for appropriate coordination and 
     cross-referencing of address information provided by aliens. 
     This section also makes clear that the Secretary can rely on 
     the most recent address provided by an alien to the Secretary 
     for any purpose under the immigration laws as an address to 
     contact the alien, and the Attorney General and the Secretary 
     may rely on the most recent address provided by the alien 
     pursuant to section 239 for purposes of contacting the alien 
     with respect to pending removal proceedings. Section 
     224(a)(4) makes clear that there is a separate change of 
     address requirement under existing law for aliens who are in 
     pending removal proceedings.
       Section 224(b) makes several conforming amendments with 
     respect to related provisions of the INA.
       Section 224(c) modifies the penalties provided in section 
     266(b) of the INA, by providing for an increase in fines (the 
     current $200 fine has remained unchanged in the more than 50 
     years since enactment of the INA), and by providing for 
     imprisonment up to 6 months for a second or subsequent 
     violation. Subsection (c)(I) also adds a new paragraph (3) in 
     section 266(b), providing that the Secretary and the Attorney 
     General may take into account, as a negative discretionary 
     factor in evaluating discretionary forms of relief from 
     removal, an alien's previous failure to comply with section 
     265. Section 224(c) also amends the penalty provision for 
     aliens who file an application for registration containing a 
     statement known by them to be false, so that it covers the 
     filing of a change of address notice containing a statement 
     known to be false.
     Section 225. Mandatory detention for aliens apprehended at or 
         between ports of entry
       Section 225 requires that as of October 1, 2006, all aliens 
     attempting to cross the border illegally must be detained 
     until removed, with some exceptions. This provision also 
     requires that in the interim period before October 1, 2006, 
     an alien who is released pending an immigration removal 
     hearing will have to post bond of at least $5,000.
     Section 226. Removal of drunk drivers
       Section 226 establishes that a third DUI conviction is an 
     aggravated felony and a reason for removal.
     Section 227. Expedited removal
       Section 227 mandates the use of expedited removal of 
     illegal aliens who are apprehended within 100 miles of the 
     border or 14 days of unauthorized entry. Additionally, this 
     section amends the INA to expand the scope of offenses 
     subject to the expedited removal program for incarcerated or 
     deportable aliens and allows DHS to use expedited removal on 
     criminal aliens found in correctional institutions.
     Section 228. Protecting immigrants from convicted sex 
         offenders
       Section 228 prohibits certain criminals from sponsoring an 
     alien (e.g. spouse or fiancee) for a green card unless the 
     DHS determines that the sponsor poses no threat to the alien. 
     Specifically, the prohibition would apply to any person 
     convicted of (i) murder, rape or sexual abuse of a minor; 
     (ii) certain crimes related to sexual exploitation of minors; 
     or (iii) an offense that relates to a prostitution business 
     or trafficking.
     Section 229. Law enforcement authority of states and 
         political subdivisions and transfer to federal custody
       Section 229 reaffirms the existing inherent authority of 
     State law enforcement personnel to assist the federal 
     government in enforcing the immigration laws of the United 
     States during the normal course of carrying out their law 
     enforcement duties. It also requires DHS to promptly take 
     aliens apprehended by state and local law enforcement 
     entities into Federal custody. Alternatively, DHS can request 
     that the relevant state or local law enforcement entity 
     temporarily detain the illegal alien or transport them to the 
     point of transfer to Federal custody. Finally, this section 
     mandates that states and localities be fully reimbursed for 
     all reasonable expenses incurred for detention and 
     transportation.
     Section 230. Listing of immigration violators in the NCIC 
         database
       Section 230 directs ICE to work with the FBI to place 
     information on certain immigration violators into the already 
     existing Immigration Violators File (IVF) of the National 
     Crime Information Center database. The four categories of 
     immigration violators whose information will be entered are: 
     aliens with final orders of removal, aliens under voluntary 
     departure agreements, aliens who have overstayed their 
     authorized period of stay and aliens whose visas have been 
     revoked.
     Section 231. Laundering of monetary instruments
       Section 231 permits those who engage in alien smuggling or 
     the harboring of illegal aliens for financial gain to be 
     prosecuted for money laundering based on the receipt of 
     proceeds from their illegal activity.
     Section 232. Severability
       This section is a severability clause.


        title iii--increased worksite enforcement and penalties

     Section 301. Unlawful employment of aliens
       Section 301 amends Section 274A of the Immigration and 
     Naturalization Act.
       Subsection (a)(1) prohibits the hiring, recruiting, or 
     referral of any alien with knowledge or with reason to know 
     of the alien's illegal status, as well as the hiring of an 
     individual without complying with the identification and 
     employment documentation verification requirements of 
     subsection (c) and the Electronic Employment Verification 
     System requirements of subsection (d).
       Subsections (a)(2) and (a)(3) bar the continued employment 
     of an unauthorized alien after acquiring knowledge of the 
     alien's illegal status, as well as the use of illegal aliens 
     as laborers through contracts or subcontracts.
       Subsection (a)(4) provides that, in a civil enforcement 
     context, if the Secretary determines that an employer has 
     hired more than ten unauthorized aliens within a calendar 
     year, a rebuttable presumption is created that the employer 
     knew or had reason to know that such aliens were 
     unauthorized.
       Subsection (a)(5) provides a defense for employers who 
     comply in good faith with the requirements of subsections ( 
     c) and (d) and who voluntarily use the Electronic Employment 
     Verification System.
       Subsection (b): Order of internal review and certification 
           of compliance
       This provision authorizes the Secretary to require, when 
     there is reasonable cause to believe that employers have 
     failed to comply with this section, an employer to certify 
     that it is in compliance with this section, or has instituted 
     a program to come into compliance.
       The purpose of this section is to allow the Secretary to 
     obtain an employer's formal assurance that the employer is in 
     fact in compliance with immigration laws or that it has

[[Page 3983]]

     developed a plan to come into compliance with the 
     requirements of this section. The provision allows DHS to 
     rely on an employer's self-assessment and self-certification 
     rather than launching a formal DHS investigation. Within 60 
     days, the employer is required to certify completion of this 
     review and that it is either in compliance or has instituted 
     a program to come into compliance. At the request of the 
     employer, the Secretary may extend the deadline for good 
     cause.
       Subsection (c): Document verification system
       Subsection (c) requires employers hiring, recruiting, or 
     referring employees to take reasonable steps to verify that 
     such employees are authorized to work.
       Subsection (c)(1) requires employers to attest under 
     penalty of perjury that they have verified the identity and 
     work authorization status of their employees by examining a 
     document establishing both work authorization and identity 
     (described in (c)(I)(B)) or a document establishing work 
     authorization (described in (c)(I)(C)) and a document 
     establishing identity (described in (c)(I)(D)).
       Subsection (c)(1) also establishes the standard of 
     compliance with regard to examination of a document. Section 
     (c)(I)(E) authorizes the Secretary to prohibit or place 
     conditions on the use of documents that do not reliably 
     establish identity or work authorization or which are being 
     used fraudulently to an unacceptable degree.
       Subsection (c)(2) describes an employee's obligation to 
     attest in writing to being legally authorized to work and 
     prescribes a penalty for false representations.
       Sections (c)(3) and (c)(4) require the employer to retain 
     copies of the attestation form and supporting documentation.
       Subsection (c)(5) subjects an employer that fails to comply 
     with the documentation, recordkeeping, and other requirements 
     of subsection (c) to penalties pursuant to subsection 
     (e)(4)(B). As detailed in subsection (e)(4)(B), penalties for 
     paperwork violations are progressive in their severity, 
     depending upon whether the violation is a first, second or 
     third offense.
       Subsection (c)(6) provides that nothing in this subsection 
     authorizes the issuance or use of a national identification 
     card.
       Subsection (d): Electronic employment verifi-
           cation system
       Subsection (d)(1) requires the Secretary, in cooperation 
     with the Commissioner of Social Security, to implement an 
     Electronic Employment Verification System (EEVS).
       Subsection (d)(2) incorporates existing Basic Pilot program 
     language requiring the Secretary to operate the verification 
     system through a toll-free phone number or other electronic 
     media through which participating employers can make 
     inquiries as to whether individuals are work authorized. This 
     subsection also requires that the Secretary maintain records 
     of inquiries and responses to inquiries, allowing for a 
     robust audit capability. The verification system must provide 
     an initial response within 3 days. Until the employer 
     receives an answer, the employment relationship may continue. 
     If the employer receives a tentative non-confirmation from 
     the verification system, the employee may contest that 
     finding. While the tentative nonconfirmation is being 
     contested, the employer may not terminate the employee based 
     on a lack of work authorization.
       The system must be designed and operated for maximum 
     reliability, ease of use, and safeguarding against 
     unauthorized disclosure of private information as well as 
     unlawful discriminatory practices. This section requires the 
     SSA Commissioner to establish a system to compare names with 
     SSNs in order to confirm or not confirm their correspondence 
     as well as whether a SSN is authorized for employment, and 
     prohibits the disclosure of SSN information to employers. The 
     section requires the Secretary to establish a system to 
     compare names with alien identification or authorization 
     numbers in order to confirm or not confirm work 
     authorization. This section also requires updating of 
     information for maximum accuracy.
       Subsection (d)(3) outline the requirements for employer 
     participation into the System. As a general rule, the 
     verification requirement will apply only to new employees and 
     be rolled out gradually. As of the date of enactment, the 
     Secretary is authorized through notice in the Federal 
     Register to require participation in the EEVS by employers 
     that the Secretary determines to be part of the critical 
     infrastructure, or directly related to the national, or 
     homeland security needs of the United States. Participation 
     of these employers shall apply with respect to both newly 
     hired and currently hired employees.
       Two years after the date of enactment of this Act, the 
     Secretary must require employers with more than 5,000 
     employees to participate in the EEVS. Three years after the 
     date of enactment, the Secretary must require employers with 
     less than 5,000 employees and with more than 1,000 employees 
     to participate in the EEVS. Four years after the date of 
     enactment, the Secretary must require employers with more 
     than 250 employees and less than 1,000 employees to 
     participate in the EEVS. Five years after the date of 
     enactment, the Secretary must require all employers to 
     participate in EEVS.
       The Secretary also has the authority to require employers 
     to participate in the EEVS based upon immigration 
     enforcement. Participation of these employers shall apply 
     with respect to their newly hired employees. The Secretary is 
     authorized to waive or delay the participation in EEVS but 
     must provide notice to Congress of such waiver prior to the 
     date such waiver is granted.
       Subsection (d)(6) states that any failure to comply with 
     the EEVS's requirements by a shall be treated as a violation 
     of subsection (a)(1)(B)' s prohibition against hiring 
     individuals without complying with this section, including 
     the requirements of subsections (c) and (d). Subsection 
     (d)(6) further provides that such failure to comply shall be 
     treated as presumed violations of subsection (a)(1)(A)'s 
     prohibition against the hiring of unauthorized aliens.
       Subsection (d)(7) establishes procedures for employers 
     participating in the EEVS, including provision of identity 
     and work authorization information, presentation of 
     documentation, reliance on documentation, requirements for 
     seeking confirmation or resolving non-confirmations of work 
     authorizations, and consequences of final non-confirmations. 
     This subsection largely incorporates language identical to 
     that contained in the current Basic Pilot statute, in order 
     to allow the current program to be expanded with a minimum of 
     operational disruption.
       Subsection (d)(8) protects from civil and criminal 
     liability any person or entity who relies in good faith on 
     information provided through the EEVS confirmation system. 
     This incorporates existing language applicable to the Basic 
     Pilot program authority.
       Subsection (d)(9) prohibits use of the EEVS by any Federal 
     agency for any purposes other than enforcement and 
     administration of the immigration laws, the SSA, or the 
     criminal laws.
       Subsection (d)(10) authorizes the Secretary to modify the 
     requirements of the EEVS.
       Subsection (d)(11) allows the Secretary to establish, 
     require, and modify fees for employers participating in the 
     EEVS. Such fees may be set at a level that will recover the 
     full cost of providing the EEVS to all participants. This 
     provision further provides that fees are to be deposited and 
     remain available as provided in INA sections 286(m) and (n), 
     and that the EEVS is considered an immigration adjudication 
     service under 286(n). This provision also allows the 
     Secretary to modify the frequency or schedule for payment.
       Subsection (d)(12) requires that the Secretary submit a 
     report to Congress within one year after enactment on the 
     capacity, integrity, and accuracy of the EEVS.
       Subsection (e): Compliance
       Subsection (e)(1) requires the Secretary to establish 
     procedures for the filing of complaints and investigation of 
     possible violations.
       Subsection (e)(2) ensures that immigration officers have 
     reasonable access to evidence of employers they are 
     investigating. It also authorizes DHS to compel the 
     production of evidence by subpoena and to fine or void any 
     mitigation of penalties available to employers who fail to 
     comply with subpoenas.
       Subsection (e)(3) authorizes the Secretary to issue pre-
     penalty notices to employers when there is reasonable cause 
     to believe the employer has violated this section. It would 
     provide employers a reasonable opportunity to defend their 
     actions and to petition the Secretary for the remission or 
     mitigation of any fine or penalty or to terminate the 
     proceedings. Mitigating circumstances would include good 
     faith compliance and participation in the EEVS. The 
     subsection also sets forth the procedures for the Secretary 
     to follow when making a determination of whether there has 
     been a violation and authorizes the Secretary to mitigate 
     penalties or terminate proceedings in appropriate cases.
       Subsection (e)(4) sets forth the civil monetary penalties 
     for unlawfully hiring, recruiting, or referring unauthorized 
     aliens or for continuing to employ an individual who is 
     unauthorized to work, as well as penalties for recordkeeping 
     or verification practice violations.
       Subsection (e)(5) provides that an employer may appeal an 
     adverse determination within 45 days of the issuance of the 
     final determination.
       Subsection (e)(6) authorizes the Government to file suit in 
     Federal court if an employer fails to comply with a final 
     determination.
       Subsection (f): Criminal penalties
       Subsection (f) establishes criminal penalties and 
     injunction procedures for employers who engage in a pattern 
     or practice of knowing violations of subsection (a)(1)(A), 
     which prohibit hiring unauthorized aliens, or subsection 
     (a)(2), which prohibits continuing to employ unauthorized 
     aliens after employer is aware or has reason to be aware that 
     the alien is not authorized to work. Such employers can be 
     fined up to $10,000 for each unauthorized alien with respect 
     to whom such a violation occurs, imprisoned up to six months, 
     or both. This subsection further authorizes the Attorney 
     General to bring a civil action requesting such monetary 
     penalties or injunctive relief.
       Subsection (g): Prohibition of indemnity bonds
       Subsection (g) prohibits any employer from requiring 
     prospective employees to post

[[Page 3984]]

     a bond or other security indemnifying the employer against 
     liability arising from the employer's violation of this 
     section. Violation of this prohibition is subject to civil 
     penalties, and amounts obtained in the form of such bonds can 
     be ordered to be deposited in the Employer Compliance Fund 
     authorized by INA Sec. 286(w).
       Subsection (h) bars noncompliant employers from eligibility 
     for Federal contracts.
       Subsection (i) contains provisions relating to work 
     documentation from DHS and a federal preemption clause 
     applicable to the provisions of this section.
       Subsection (j) directs the deposit of funds paid for civil 
     penalties into the employer compliance fund authorized by INA 
     Sec. 286(w).
     Section 302. Employer compliance fund
       Section 302 establishes an Employer Compliance Fund into 
     which funds derived from civil penalties are to be deposited. 
     The Employer Compliance Fund shall be used for enhancing and 
     enforcing employer compliance with section 274A.
     Section 303. Additional worksite enforcement and fraud 
         detection agents
       Section 303 authorizes the hiring of additional DHS 
     personnel dedicated to worksite enforcement fraud detection 
     agents.
     Section 304. Clarification of ineligibility for 
         misrepresentation.
       Section 304 is a technical change that conforms section 212 
     to section 274A. This provision closes a loophole in the 
     ground of inadmissibility for falsely claiming U.S. 
     nationality in section 212 of the INA that has been exploited 
     to obtain unauthorized employment and subsequently evade 
     removal.
       The employment verification provisions in section 274A of 
     the INA require an employee to certify that (unless claiming 
     work authorized alien status) he is a ``citizen or national'' 
     of the United States. The Form I-9 uses this formulation. The 
     parallel ground of inadmissibility, although it refers 
     specifically to section 274A verification, only uses the 
     phrase ``citizen.'' Some aliens have escaped the consequences 
     of their misrepresentations by successfully arguing that a 
     false attestation that one is a ``citizen or national'' is 
     not covered by the ground of inadmissibility. A false 
     attestation to any form of U.S. nationality should have the 
     same consequences in employment verification or in other 
     circumstances.


  TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS AND ALIENS WITH 
                            ADVANCED DEGREES

     Section 401. Elimination of existing backlogs
       Section 401 reduces visa backlog waiting times by allowing 
     the recapture of unused visa numbers and increases the number 
     of employment-based green cards from 140,000 to 290,000. It 
     also exempts immediate relatives of U.S. citizens from the 
     480,000 annual cap on family-based immigration.
     Section 402. Country limits
       Section 402 increases the per-country limits for family-
     sponsored and employment-based immigrants are from 7 percent 
     to 10 percent (in the case of countries) and from 2 percent 
     to 5 percent (in the case of dependent areas).
     Section 403. Allocation of immigrant visas
       The current 480,000 ceiling on family-sponsored immigrants 
     is redistributed among existing family preference categories. 
     Ten percent is allocated to the first preference--unmarried 
     sons and daughters of U.S. citizens. Fifty percent is 
     allocated to the second preference--spouses and unmarried 
     sons and daughters of lawful permanent residents, of which 
     seventy-seven percent of such visas will be allocated to 
     spouses and minor children of lawful permanent residents. Ten 
     percent is allocated to the third preference--married sons 
     and daughters of U.S. citizens. Thirty percent is allocated 
     to the fourth preference--brothers and sisters of U.S. 
     citizens.
       Section 403 restructures visa number availability to 
     provide additional visas for unskilled workers (who are 
     limited to 5,000/year right now) and other categories where 
     visas have not kept up with demand. The 290,000 ceiling for 
     employment-based immigrant visas is redistributed among the 
     employment-based immigrant visa categories and certain 
     modifications are made to current categories. 15% is 
     allocated to the first preference--aliens with extraordinary 
     ability, outstanding professors and researchers, and 
     multinational executives and managers. 15% is allocated to 
     the second preference--aliens holding advanced degrees or 
     having exceptional ability. 35% is allocated to the third 
     preference--skilled workers and professionals. 5% is 
     allocated to a re-designated fourth preference--investors. 
     30% is allocated to a re-designated fifth preference--other 
     workers performing labor or services (previously included in 
     third preference).
     Section 404. Relief for minor children
       Section 404 amends the immediate relative category to allow 
     the children of spouses and parents of U.S. citizens to 
     obtain legal status and travel to the United States with 
     their families.
     Section 405. Student visas
       Section 405 extends foreign students' post-curricular 
     Optional Practical Training (and F-1 status) to 24 months. It 
     also creates a new ``F-4'' student visa for students pursuing 
     an advanced degree candidates studying in the fields of math, 
     engineering, technology or the physical sciences. The new 
     visa would allow eligible students to either to return to 
     their country of origin or remain in the United States for up 
     to one year and seek employment in their relevant field of 
     study. Once such a student received such an offer of 
     employment, the individual would be allowed to adjust status 
     to that of a legal permanent resident once the alien paid a 
     $1,000 fee and completed necessary security clearances. 
     Eighty percent of this fee would be deposited into a fund for 
     job training and scholarships for American workers, while 
     twenty percent of the fee would go toward fraud prevention.
     Section 406. Visas for individuals with advanced degrees
       Section 406 exempts from the numerical cap on employment-
     based visas aliens with advanced degrees in science, 
     technology, engineering, or math, and has worked in a related 
     field in the U.S. during the 3 year period preceding their 
     application for adjustment of status. It also exempts 
     immediate relatives of aliens who are admitted as employment-
     based immigrants from the numerical limitations of 203(b). 
     Finally, it increases the available visas numbers for H-1B 
     nonimmigrants and provides an exemption from the numerical 
     limitation aliens who have earned advanced degrees in 
     science, technology, engineering, or math. The numerical 
     limitation is also supplemented with a flexible limitation 
     that is set according to demand for foreign high-skilled 
     workers.
     Section 407. Medical services in underserved areas
       Section 407 permanently authorizes the current J-1 visa 
     waiver program. Under this program, participating states are 
     allocated 30 J-1 visa waivers, which enables them to waive 
     the 2 year home residency requirement for medical students 
     and physicians who serve in ``medically underserved areas'' 
     upon completion of their J-l program. The program has been 
     reauthorized twice before and is now set to expire on June 1, 
     2006.


               TITLE V--IMMIGRATION LITIGATION REDUCTION

     Section 501. Consolidation of immigration appeals
       Section 501 consolidates all INA civil and administrative 
     appeals into the United States Court of Appeals for the 
     Federal Circuit, and increases the number of authorized 
     judgeships in the Federal Circuit by three to 15. The 
     amendments made by this section shall apply to any final 
     agency order or District Court decision entered on or after 
     the date of enactment of this Act.
     Section 502. Additional immigration personnel
       Section 502 directs the Secretary of Homeland Security to 
     increase annually in FY 2007-2011 the number of investigative 
     personnel investigating immigration violations by not less 
     than 200 and the number of trial attorneys in the Office of 
     General Counsel working on immigration by not less than 100, 
     subject to the availability of appropriations. It also 
     directs the Attorney General to increase annually in FY 2007-
     2011 the number of litigation attorneys in the Office of 
     Immigration Litigation by not less than 50, the number of 
     Assistant U.S. Attorneys who litigate immigration cases in 
     Federal courts by not less than 50, and the number of 
     immigration judges by not less than 50, subject to the 
     availability of appropriations. Finally, it authorizes 
     appropriations for additional Assistant Federal Public 
     Defenders who litigate Federal criminal immigration cases in 
     Federal court.
     Section 503. Board of Immigration Appeals removal order 
         authority
       Section 503 grants the Board of Immigration Appeals (Board) 
     authority to enter an order of removal without remanding to 
     the immigration judge. It also conforms certain terminology 
     to the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (IIRIRA) by inserting the term 
     ``order of removal'', and the term ``immigration judge'' in 
     place of the term ``special inquiry officer,'' and expands 
     the situations in which orders of removal are deemed final.
     Section 504. Judicial review of visa revocation
       Section 504 provides that the decision to revoke a visa and 
     the removal order predicated on that revocation are not 
     reviewable. Review of a final order of removal, however, is 
     still permitted under 8 U.S.C. Sec. 1252(a)(2)(D) when 
     questions of statutory interpretation or alleged 
     constitutional infirmity arise.
     Section 505. Reinstatement of removal orders
       Section 505 clarifies that section 241(a)(5) of the INA (8 
     U.S.C. Sec. 1231(a)(5)) does not require further hearing by 
     an immigration judge in cases in which prior orders of 
     removal are reinstated against aliens who illegally reenter 
     the United States. This provision applies to orders of 
     deportation or exclusion issued in cases initiated before 
     April 1, 1997, and clarifies that the alien's ineligibility 
     for relief is not dependent on when the alien applied for 
     such relief. This section also provides that reinstatement 
     orders are not reviewable.
     Section 506. Withholding of removal
       Section 506 clarifies an alien's burden of proof with 
     respect to withholding of removal

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     to make it consistent with the standard established for 
     asylum by section 101(a)(3) of the REAL ID Act. Applicants 
     for withholding, who have traditionally borne a higher burden 
     than applicants for asylum, will bear the same burden of 
     proof as applicants for asylum.
     Section 507. Certificate of reviewability
       Section 507 establishes a screening process for aliens' 
     appeals of Board decisions under which appeals of removal 
     orders will be referred to a single judge on the Federal 
     Circuit Court of Appeals. If the alien establishes a prima 
     facie case that the petition for review should be granted, 
     the judge will issue a ``certificate of reviewability'' 
     allowing the case to proceed to a three-judge panel; 
     otherwise it is dismissed.
     Section 508. Discretionary decisions on motions to reopen or 
         reconsider
       Section 508 revises the statutory provisions relating to 
     motions to reopen and motions to reconsider to state 
     expressly that the Attorney General's decision whether to 
     grant or deny such motions are committed to his discretion, 
     subject to existing statutory exceptions. This section adds a 
     special provision providing for reopening in order to 
     consider withholding of removal or protection under the 
     Convention Against Torture claims in one limited 
     circumstance. These amendments are applicable to all motions 
     to reopen or reconsider filed on or after the date of 
     enactment in any removal, deportation, or exclusion 
     proceeding.
     Section 509. Prohibition of attorney fee awards for review of 
         final orders of removal
       Section 509 abolishes EAJA fee awards in immigration cases 
     for aliens who are removable, except when the Attorney 
     General's or the Secretary's determination regarding 
     removability was not substantially justified.
     Section 510. Board of Immigration Appeals
       Section 510 directs the Attorney General to promulgate 
     regulations to require the Board of Immigration Appeals to 
     hear cases in 3 member panels (unless certain conditions are 
     met) and to permit the Board limited authority to issue 
     affirmances without opinion.


                        TITLE VI--MISCELLANEOUS

     Section 601. Technical and conforming amendments

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