[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Senate]
[Pages 4810-4845]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3256. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                        TITLE __--RAPID RESPONSE

                  Subtitle A--Rapid Response Measures

     SEC. _01. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL 
                   AGENTS.

       (a) In General.--If the Governor of a State on an 
     international border of the United States declares an 
     international border security emergency and requests 
     additional United States Border Patrol agents from the 
     Secretary of Homeland Security, the Secretary is authorized, 
     subject to subsections (b) and (c), to provide the State with 
     up to 1,000 additional United States Border Patrol agents for 
     the purpose of patrolling and defending the international 
     border, in order to prevent individuals from crossing the 
     international border and entering the United States at any 
     location other than an authorized port of entry.
       (b) Consultation.--The Secretary of Homeland Security shall 
     consult with the President upon receipt of a request under 
     subsection (a), and shall grant it to the extent that 
     providing the requested assistance will not significantly 
     impair the Department of Homeland Security's ability to 
     provide border security for any other State.
       (c) Collective Bargaining.--Emergency deployments under 
     this section shall be made in conformance with all collective 
     bargaining agreements and obligations.

     SEC. _02. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES 
                   BORDER PATROL AGENTS.

       The Secretary of Homeland Security shall ensure that no 
     United States Border Patrol agent is precluded from 
     performing patrol duties and apprehending violators of law, 
     except in unusual circumstances where the temporary use of 
     fixed deployment positions is necessary.

     SEC. _03. HELICOPTERS AND POWER BOATS.

       (a) In General.--The Secretary of Homeland Security shall 
     increase by not less than 100 the number of United States 
     Border Patrol helicopters, and shall increase by not less 
     than 250 the number of United States Border Patrol power 
     boats. The Secretary of Homeland Security shall ensure that 
     appropriate types of helicopters are procured for the various 
     missions being performed. The Secretary of Homeland Security 
     also shall ensure that the types of power boats that are 
     procured are appropriate for both the waterways in which they 
     are used and the mission requirements.
       (b) Use and Training.--The Secretary of Homeland Security 
     shall establish an overall policy on how the helicopters and 
     power boats described in subsection (a) will be used and 
     implement training programs for the agents who use them, 
     including safe operating procedures and rescue operations.

     SEC. _04. CONTROL OF UNITED STATES UNITED STATES BORDER 
                   PATROL ASSETS.

       The United States Border Patrol shall have complete and 
     exclusive administrative and operational control over all the 
     assets utilized in carrying out its mission, including, 
     aircraft, watercraft, vehicles, detention space, 
     transportation, and all of the personnel associated with such 
     assets.

     SEC. _05. MOTOR VEHICLES.

       The Secretary of Homeland Security shall establish a fleet 
     of motor vehicles appropriate for use by the United States 
     Border Patrol that will permit a ratio of at least one 
     police-type vehicle per every 3 United States Border Patrol 
     agents. Additionally, the Secretary of Homeland Security 
     shall ensure that there are sufficient numbers and types of 
     other motor vehicles to support the mission of the United 
     States Border Patrol. All vehicles will be chosen on the 
     basis of appropriateness for use by the United States Border 
     Patrol, and each vehicle shall have a ``panic button'' and a 
     global positioning system device that is activated solely in 
     emergency situations for the purpose of tracking the location 
     of an agent in distress. The police-type vehicles shall be 
     replaced at least every 3 years.

     SEC. _06. PORTABLE COMPUTERS.

       The Secretary of Homeland Security shall ensure that each 
     police-type motor vehicle in the fleet of the United States 
     Border Patrol is equipped with a portable computer with 
     access to all necessary law enforcement databases and 
     otherwise suited to the unique operational requirements of 
     the United States Border Patrol.

     SEC. _07. RADIO COMMUNICATIONS.

       The Secretary of Homeland Security shall augment the 
     existing radio communications system so all law enforcement 
     personnel working in every area where United States Border 
     Patrol operations are conducted have clear and encrypted two-
     way radio communication capabilities at all times. Each 
     portable communications device shall be equipped with a 
     ``panic button'' and a global positioning system device that 
     is activated solely in emergency situations for the purpose 
     of tracking the location of the agent in distress.

     SEC. _08. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.

       The Secretary of Homeland Security shall ensure that each 
     United States Border Patrol agent is issued a state-of-the-
     art hand-

[[Page 4811]]

     held global positioning system device for navigational 
     purposes.

     SEC. _09. NIGHT VISION EQUIPMENT.

       The Secretary of Homeland Security shall ensure that 
     sufficient quantities of state-of-the-art night vision 
     equipment are procured and maintained to enable each United 
     States Border Patrol agent working during the hours of 
     darkness to be equipped with a portable night vision device.

     SEC. _10. BORDER ARMOR.

       The Secretary of Homeland Security shall ensure that every 
     United States Border Patrol agent is issued high-quality body 
     armor that is appropriate for the climate and risks faced by 
     the individual officer. Each officer shall be allowed to 
     select from among a variety of approved brands and styles. 
     Officers shall be strongly encouraged, but not mandated, to 
     wear such body armor whenever practicable. All body armor 
     shall be replaced at least every 5 years.

     SEC. _11. WEAPONS.

       The Secretary of Homeland Security shall ensure that United 
     States Border Patrol agents are equipped with weapons that 
     are reliable and effective to protect themselves, their 
     fellow officers, and innocent third parties from the threats 
     posed by armed criminals. In addition, the Secretary shall 
     ensure that the Department's policies allow all such officers 
     to carry weapons that are suited to the potential threats 
     that they face.

     SEC. _12. UNIFORMS.

       The Secretary of Homeland Security shall ensure that all 
     United States Border Patrol agents are provided with all 
     necessary uniform items, including outerwear suited to the 
     climate, footwear, belts, holsters, and personal protective 
     equipment, at no cost to such agents. Such items shall be 
     replaced at no cost to such agents as they become worn, 
     unserviceable, or no longer fit properly.

  Subtitle B--Recruitment and Retention of Additional Immigration Law 
                         Enforcement Personnel

     SEC. _21. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES 
                   BORDER PATROL AGENTS.

       Section 5379(b) of title 5, United States Code, is amended 
     by adding at the end the following:
       ``(4) In the case of an employee (otherwise eligible for 
     benefits under this section) who is serving as a full-time 
     active-duty United States Border Patrol agent within the 
     Department of Homeland Security--
       ``(A) paragraph (2)(A) shall be applied by substituting 
     `$20,000' for `$10,000'; and
       ``(B) paragraph (2)(B) shall be applied by substituting 
     `$80,000' for `$60,000'.''.

     SEC. _22. RECRUITMENT AND RELOCATION BONUSES AND RETENTION 
                   ALLOWANCES FOR PERSONNEL OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       The Secretary of Homeland Security shall ensure that the 
     authority to pay recruitment and relocation bonuses under 
     section 5753 of title 5, United States Code, the authority to 
     pay retention bonuses under section 5754 of such title, and 
     any other similar authorities available under any other 
     provision of law, rule, or regulation, are exercised to the 
     fullest extent allowable in order to encourage service in the 
     Department of Homeland Security.

     SEC. _23. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION 
                   OFFICERS AND OTHER EMPLOYEES.

       (a) Amendments.--
       (1) Law enforcement officers.--Section 8401(17) of title 5, 
     United States Code, is amended--
       (A) in subparagraph (C)--
       (i) by striking ``and'' at the end; and
       (ii) by striking ``subparagraph (A) and (B)'' and inserting 
     ``subparagraph (A), (B), (E), or (F)''; and
       (B) by inserting after subparagraph (D) the following:
       ``(E) an employee (not otherwise covered by this 
     paragraph)--
       ``(i) the duties of whose position include the 
     investigation or apprehension of individuals suspected or 
     convicted of offenses against the criminal laws of the United 
     States; and
       ``(ii) who is authorized to carry a firearm; and
       ``(F) an employee of the Internal Revenue Service, the 
     duties of whose position are primarily the collection of 
     delinquent taxes and the securing of delinquent returns;''.
       (2) Civil service retirement system.--Section 8331(20) of 
     title 5, United States Code, is amended in the matter 
     preceding subparagraph (A) by inserting after ``position.'' 
     the following: ``For the purpose of this paragraph, an 
     employee described in the preceding sentence shall be 
     considered to include an employee, not otherwise covered by 
     this paragraph, who satisfies clauses (i) and (ii) of section 
     8401(17)(E) and an employee of the Internal Revenue Service 
     the duties of whose position are as described in section 
     8401(17)(F).''.
       (3) Effective date.--Except as provided in subsection (b), 
     the amendments made by this subsection shall--
       (A) take effect on the date of enactment of this Act; and
       (B) apply only in the case of any individual first 
     appointed (or seeking to be first appointed) as a law 
     enforcement officer (as defined in the amendments) on or 
     after that date.
       (b) Treatment of Service Performed by Incumbents.--
       (1) Definitions.--In this subsection:
       (A) Incumbent.--The term ``incumbent'' means an individual 
     who--
       (i) is first appointed as a law enforcement officer before 
     the date of enactment of this Act; and
       (ii) is serving as a law enforcement officer on that date.
       (B) Law enforcement officer.--The term ``law enforcement 
     officer'' means an individual who satisfies the requirements 
     of section 8331(20) or 8401(17) of title 5, United States 
     Code, as a result of the amendments made by subsection (a).
       (C) Prior service.--The term ``prior service'', with 
     respect to an incumbent who retires from Government service, 
     means any service performed before the date on which a 
     written notice is to be submitted under paragraph (2)(B).
       (D) Service.--The term ``service'' means service performed 
     as a law enforcement officer.
       (2) Treatment of service performed by incumbents.--
       (A) In general.--For purposes other than purposes described 
     in subparagraph (B), service that is performed by an 
     incumbent on or after the date of enactment of this Act shall 
     be treated as service performed as a law enforcement officer, 
     irrespective of the manner in which the service is treated 
     under subparagraph (B).
       (B) Retirement.--For purposes of subchapter III of chapter 
     83 and chapter 84 of title 5, United States Code, service 
     that is performed by an incumbent before, on, or after the 
     date of enactment of this Act shall be treated as service 
     performed as a law enforcement officer if an appropriate 
     written notice of the election of the incumbent to retire 
     from Government service is submitted to the Office of 
     Personnel Management by the earlier of--
       (i) the date that is 5 years after the date of enactment of 
     this Act; or
       (ii) the date of retirement of the incumbent.
       (3) Individual contributions for prior service.--
       (A) Amount of contributions.--An incumbent who makes an 
     election described in paragraph (2)(B) may, with respect to 
     prior service performed by the incumbent, contribute to the 
     Civil Service Retirement and Disability Fund an amount equal 
     to the difference between--
       (i) the individual contributions that were actually made 
     for that service; and
       (ii) the individual contributions that would have been made 
     for that service under the amendments made by subsection (a).
       (B) Effect of not contributing.--If no part of or less than 
     the full amount required under subparagraph (A) is paid--
       (i) all prior service of the incumbent shall remain fully 
     creditable as law enforcement officer service; but
       (ii) the resulting annuity shall be reduced in a manner 
     similar to the manner described in section 8334(d)(2) of 
     title 5, United States Code, to the extent necessary to make 
     up the amount unpaid.
       (4) Government contributions for prior service.--
       (A) In general.--If an incumbent makes an election under 
     paragraph (2)(B), the agency in or under which the incumbent 
     was serving at the time of any prior service shall remit to 
     the Office of Personnel Management, for deposit in the 
     Treasury of the United States to the credit of the Civil 
     Service Retirement and Disability Fund, the amount required 
     under subparagraph (B) with respect to that service.
       (B) Amount required.--The amount an agency is required to 
     remit is, with respect to any prior service, the total amount 
     of additional Government contributions to the Civil Service 
     Retirement and Disability Fund (above those actually paid) 
     that would have been required if the amendments made by 
     subsection (a) had been in effect.
       (C) Contributions to be made ratably.--Government 
     contributions under this paragraph on behalf of an incumbent 
     shall be made by the agency ratably (on at least an annual 
     basis) over the 10-year period beginning on the date on which 
     a written notice is to be submitted under paragraph (2)(B).
       (5) Exemption from mandatory separation.--Nothing in 
     section 8335(b) or 8425(b) of title 5, United States Code, 
     shall cause the involuntary separation of a law enforcement 
     officer before the end of the 3-year period beginning on the 
     date of enactment of this Act.
       (6) Regulations.--The Office shall promulgate regulations 
     to carry out this section, including--
       (A) provisions in accordance with which interest on any 
     amount under paragraph (3) or (4) shall be computed, based on 
     section 8334(e) of title 5, United States Code; and
       (B) provisions for the application of this subsection in 
     the case of--
       (i) any individual who--

       (I) is first appointed as a law enforcement officer before 
     the date of enactment of this Act; and
       (II) serves as a law enforcement officer after the date of 
     enactment of this Act; and

       (ii) any individual entitled to a survivor annuity (based 
     on the service of an incumbent, or of an individual described 
     in clause

[[Page 4812]]

     (i), who dies before making an election under paragraph 
     (2)(B)), to the extent of any rights that would then be 
     available to the decedent (if still living).
       (7) Rule of construction.--Nothing in this subsection 
     applies in the case of a reemployed annuitant.
                                 ______
                                 
  SA 3257. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 122, between lines 7 and 8, insert the following:
       ``(b) Certain Actions Not Treated as Violations.--A person 
     who, before being apprehended or placed in a removal 
     proceeding, applies for asylum under section 208 of the 
     Immigration and Nationality Act, withholding of removal under 
     section 241(b)(3) of such Act, or relief under the Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment under title 8, Code of Federal 
     Regulations, or classification or status under section 
     101(a)(15(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 
     216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in effect prior to 
     March 31, 1997) of such Act, shall not be prosecuted for 
     violating section 1542, 1544, 1546 or 1548, before the 
     application is adjudicated in accordance with the Immigration 
     and Nationality Act. A person who is granted asylum under 
     section 208 of the Immigration and Nationality Act, 
     withholding of removal under section 241(b)(3) of such Act, 
     or relief under the Convention Against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment under 
     title 8, Code of Federal Regulations, or classification or 
     status under section 101(a)(15(T), 101(a)(15)(U), 
     101(a)(27(J), 101(a)(51), 216(c)(4)(C), 240A(b)(2), or 
     244(a)(3) (as in effect prior to March 31, 1997) of such Act, 
     shall not be considered to have violated section 1542, 1544, 
     1546 or 1548.
                                 ______
                                 
  SA 3258. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 231.
                                 ______
                                 
  SA 3259. Mr. DOMENICI (for himself, Mr. Kyl, Mr. Cornyn, and Mrs. 
Hutchison) submitted an amendment intended to be proposed by him to the 
bill S. 2454, to amend the Immigration and Nationality Act to provide 
for comprehensive reform and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ADDITIONAL DISTRICT COURT JUDGESHIPS.

       The President shall appoint, by and with the advice and 
     consent of the Senate, such additional district court judges 
     as are necessary to carry out the 2005 recommendations of the 
     Judicial Conference for district courts in which the criminal 
     immigration filings totaled more than 50 per cent of all 
     criminal filings for the 12-month period ending September 30, 
     2004.
                                 ______
                                 
  SA 3260. Mr. DOMENICI (for himself, Mr. Kyl, Mr. Bingaman, Mr. 
Cornyn, and Mrs. Hutchison) submitted an amendment intended to be 
proposed by him to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 6, between lines 10 and 11, insert the following:
       ``(5) Deputy united states marshals.--In each of fiscal 
     years 2007 through 2011, the Attorney General shall, subject 
     to the availability of appropriations, increase by not less 
     than 50 the number of positions for full-time active duty 
     Deputy United States Marshals that investigate criminal 
     matters related to immigration.''.
       On page 7, between lines 3 and 4, insert the following:
       ``(4) Deputy united states marshals.--There are authorized 
     to be appropriated to the Attorney General such sums as may 
     be necessary for each of fiscal years 2007 through 2011 to 
     carry out paragraph (5) of subsection (a).''.
                                 ______
                                 
  SA 3261. Mr. DOMENICI (for himself, Mr. Dorgan, Mr. Burns, Mr. 
Bingaman, Mr. Kyl, Mr. Cornyn, and Mrs. Hutchison) submitted an 
amendment intended to be proposed by him to the bill S. 2454, to amend 
the Immigration and Nationality Act to provide for comprehensive reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 54, after line 23, add the following:

     Subtitle E--Border Infrastructure and Technology Modernization

     SEC. 151. SHORT TITLE.

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

     SEC. 152. DEFINITIONS.

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

     SEC. 153. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

       (a) Requirement to Update.--Not later than January 31 of 
     each year, the Administrator of General Services shall update 
     the Port of Entry Infrastructure Assessment Study prepared by 
     the Bureau of Customs and Border Protection in accordance 
     with the matter relating to the ports of entry infrastructure 
     assessment that is set out in the joint explanatory statement 
     in the conference report accompanying H.R. 2490 of the 106th 
     Congress, 1st session (House of Representatives Rep. No. 106-
     319, on page 67) and submit such updated study to Congress.
       (b) Consultation.--In preparing the updated studies 
     required in subsection (a), the Administrator of General 
     Services shall consult with the Director of the Office of 
     Management and Budget, the Secretary, and the Commissioner.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 154; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project to--
       (A) fulfill immediate security requirements; and
       (B) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner shall 
     implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under subsection (c)(3).
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, such as 
     immediate security needs or changes in infrastructure in 
     Mexico or Canada, compellingly alter the need for a project 
     in the United States.

     SEC. 154. NATIONAL LAND BORDER SECURITY PLAN.

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

     SEC. 155. EXPANSION OF COMMERCE SECURITY PROGRAMS.

       (a) Customs-Trade Partnership Against Terrorism.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commissioner, in consultation with 
     the Secretary, shall develop a plan to expand the size and 
     scope, including personnel, of the Customs-Trade Partnership 
     Against Terrorism programs along the northern border and 
     southern border, including--
       (A) the Business Anti-Smuggling Coalition;
       (B) the Carrier Initiative Program;
       (C) the Americas Counter Smuggling Initiative;
       (D) the Container Security Initiative;
       (E) the Free and Secure Trade Initiative; and

[[Page 4813]]

       (F) other Industry Partnership Programs administered by the 
     Commissioner.
       (2) Southern border demonstration program.--Not later than 
     180 days after the date of enactment of this Act, the 
     Commissioner shall implement, on a demonstration basis, at 
     least 1 Customs-Trade Partnership Against Terrorism program, 
     which has been successfully implemented along the northern 
     border, along the southern border.
       (b) Maquiladora Demonstration Program.--Not later than 180 
     days after the date of enactment of this Act, the 
     Commissioner shall establish a demonstration program to 
     develop a cooperative trade security system to improve supply 
     chain security.

     SEC. 156. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

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

     SEC. 157. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to any funds otherwise 
     available, there are authorized to be appropriated--
       (1) such sums as may be necessary for the fiscal years 2007 
     through 2011 to carry out the provisions of section 153(a);
       (2) to carry out section 153(d)--
       (A) $100,000,000 for each of the fiscal years 2007 through 
     2011; and
       (B) such sums as may be necessary in any succeeding fiscal 
     year;
       (3) to carry out section 155(a)--
       (A) $30,000,000 for fiscal year 2007, of which $5,000,000 
     shall be made available to fund the demonstration project 
     established in section 156(a)(2); and
       (B) such sums as may be necessary for the fiscal years 2008 
     through 2011; and
       (4) to carry out section 155(b)--
       (A) $5,000,000 for fiscal year 2007; and
       (B) such sums as may be necessary for the fiscal years 2008 
     through 2011; and
       (5) to carry out section 156, provided that not more than 
     $10,000,000 may be expended for technology demonstration 
     program activities at any 1 port of entry demonstration site 
     in any fiscal year--
       (A) $50,000,000 for fiscal year 2007; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2008 through 2011.
       (b) International Agreements.--Amounts authorized to be 
     appropriated under this subtitle may be used for the 
     implementation of projects described in the Declaration on 
     Embracing Technology and Cooperation to Promote the Secure 
     and Efficient Flow of People and Commerce across our Shared 
     Border between the United States and Mexico, agreed to March 
     22, 2002, Monterrey, Mexico (commonly known as the Border 
     Partnership Action Plan) or the Smart Border Declaration 
     between the United States and Canada, agreed to December 12, 
     2001, Ottawa, Canada that are consistent with the provisions 
     of this subtitle.
                                 ______
                                 
  SA 3262. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SPECIAL RULE FOR MEXICO.

       (a) In General.--No alien who is a citizen or national of 
     Mexico shall be eligible for any immigration benefit under 
     this Act, or under any amendment made by this Act, until the 
     date on which the Government of Mexico enters into a 
     bilateral agreement with the Government of the United States 
     in accordance with subsection (b).
       (b) Requirements for Bilateral Agreement.--The bilateral 
     agreement referred to in subsection (a) shall require the 
     Government of Mexico--
       (1) to accept the return of a citizen or national of Mexico 
     who is ordered removed from the United States not later than 
     5 days after such order is issued;
       (2) to cooperate with the Government of the United States--
       (A) to identify, track, and reduce--
       (i) gang membership and violence in the United States and 
     Mexico;
       (ii) human trafficking and smuggling between the United 
     States and Mexico; and
       (iii) drug trafficking and smuggling between the United 
     States and Mexico; and
       (B) to control illegal immigration from Mexico into the 
     United States;
       (3) to provide the Government of the United States with--
       (A) the passport information and criminal record of any 
     citizen or national of Mexico who is seeking admission to the 
     United States or is present in the United States; and
       (B) admission and entry data maintained by the Government 
     of Mexico to facilitate the entry-exit data systems 
     maintained by the United States; and
       (4) to carry out activities to educate citizens and 
     nationals of Mexico regarding eligibility for status as a 
     nonimmigrant under this Act, or any amendment made by this 
     Act, to ensure that such citizens and nationals are not 
     exploited while working in the United States.
       (c) Annual Report.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress a report on the bilateral 
     agreement described in this section and the activities of the 
     Government of Mexico to carry out such agreement.
                                 ______
                                 
  SA 3263. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike subtitle A of title VI, insert the following new 
     subtitle:

        Subtitle A--Guest Worker Status for Unauthorized Aliens

     SEC. 601. NEW GUEST WORKER CATEGORY.

       (a) In General.--Section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding 
     at the end the following:
       ``(W) an alien who--
       ``(i) maintained a residence in the United States on 
     December 31, 2005;
       ``(ii) was not legally present in the United States on 
     December 31, 2005;
       ``(iii) is performing labor or services in the United 
     States; and
       ``(iv) meets the requirements of section 218D.''.
       (b) Technical Amendments.--Section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is 
     amended--
       (1) in subparagraph (U)(iii), by striking ``or'' at the 
     end; and
       (2) in subparagraph (V)(ii)(II), by striking the period at 
     the end and inserting a semicolon and ``or''.

     SEC. 602. CHANGE OF STATUS FOR UNAUTHORIZED ALIENS.

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

[[Page 4814]]



     ``SEC. 218D. CHANGE OF STATUS FOR UNAUTHORIZED ALIENS.

       ``(a) In General.--The Secretary of Homeland Security shall 
     grant nonimmigrant status under section 101(a)(15)(W) to an 
     alien who is in the United States illegally if such alien 
     meets the requirements of this section.
       ``(b) General Requirements.--An alien may be eligible for a 
     change of status under this section if the alien meets the 
     following requirements:
       ``(1) Presence.--
       ``(A) In general.--An alien must establish that the alien 
     was physically present in the United States on December 31, 
     2005 was not legally present in the United States on that 
     date, and has remained in the United States since that date.
       ``(B) Evidence.--An alien may provide evidence to meet the 
     requirement for presence under subparagraph (a), including--
       ``(i) a record maintained by the Federal government or a 
     State or local government;
       ``(ii) a record maintained by an employer;
       ``(iii) a housing lease or contract;
       ``(iv) medical documentation; and
       ``(v) sworn and certified affidavits.
       ``(2) Employment.--
       ``(A) In general.--An alien shall establish that the alien 
     was employed in the United States on December 31, 2005, and 
     has not been unemployed in the United States for 30 or more 
     consecutive days since that date.
       ``(B) Evidence.--An alien may provide evidence to meet the 
     requirement for employment under subparagraph (a), 
     including--
       ``(i) a record maintained by the Federal government or a 
     State or local government;
       ``(ii) a record maintained by an employer; and
       ``(iii) sworn and certified affidavits.
       ``(3) Medical examination.--An alien shall, at the alien's 
     expense, undergo a medical examination (including a 
     determination of immunization status) that conforms to 
     generally accepted professional standards of medical 
     practice.
       ``(c) Application Content and Waiver.--
       ``(1) Application form.--The Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of obtaining a change of 
     status under this section.
       ``(2) Content.--In addition to any other information that 
     the Secretary determines is required to determine an alien's 
     eligibility for a change of status under this section, the 
     Secretary shall require that the alien--
       ``(A) provide answers to questions concerning the alien's 
     criminal history and gang membership, immigration history, 
     and involvement with groups or individuals that have engaged 
     in terrorism, genocide, persecution, or who seek the 
     overthrow of the Government of the United States;
       ``(B) provide any Social Security account number or card in 
     the possession of the alien or relied upon by the alien; and
       ``(C) provide any false or fraudulent documents in the 
     alien's possession.
       ``(3) Waiver of rights.--
       ``(A) Authority to request.--The Secretary shall request 
     that an alien include with the application a waiver of rights 
     that states that the alien, in exchange for the benefit of 
     obtaining a change of status under this section, agrees to 
     waive any right--
       ``(i) to administrative or judicial review or appeal of an 
     immigration officer's determination as to the alien's 
     admissibility; or
       ``(ii) to contest any removal action, other than on the 
     basis of an application for asylum pursuant to the provisions 
     contained in section 208 or 241(b)(3), or under the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York December 
     10, 1984, if such removal action is initiated after the 
     termination of the alien's period of authorized admission as 
     a nonimmigrant under this section.
       ``(B) Refusal to waive.--The Secretary may refuse to grant 
     nonimmigrant status to an alien under this section because an 
     alien does not submit the waiver described in subparagraph 
     (A).
       ``(C) Knowledge.--The Secretary of Homeland Security shall 
     require an alien to include with the application a signed 
     certification in which the alien certifies that the alien has 
     read and understood all of the questions, statements, and 
     terms of the application form, and that the alien certifies 
     under penalty of perjury under the laws of the United States 
     that the application, and any evidence submitted with it, are 
     all true and correct, and that the applicant authorizes the 
     release of any information contained in the application and 
     any attached evidence for law enforcement purposes.
       ``(4) Application fee and fines.--
       ``(A) Requirement to pay.--An alien applying for a change 
     of status under this section shall pay--
       ``(i) a $250 visa issuance fee in addition to the cost of 
     processing and adjudicating such application; and
       ``(ii) a fine of $1000.
       ``(B) Construction.--Nothing in this paragraph shall be 
     construed to affect consular procedures for charging 
     reciprocal fees.
       ``(d) Admissibility.--
       ``(1) In general.--In determining an alien's eligibility 
     for a change of status under this section--
       ``(A) the alien shall establish that the alien--
       ``(i) except as provided in subparagraph (B), is admissible 
     to the United States; and
       ``(ii) has not assisted in the persecution of any person or 
     persons on account of race, religion, nationality, membership 
     in a particular social group, or political opinion;
       ``(B) paragraphs (5), (6)(A), and (7) of section 212(a) 
     shall not apply to the admissibility of such alien;
       ``(C) the Secretary of Homeland Security may waive any 
     other provision of section 212(a), or a ground of 
     ineligibility under paragraph (4), in the case of individual 
     aliens for humanitarian purposes, to assure family unity, or 
     when it is otherwise in the public interest.
       ``(2) Waiver fee.--An alien who is granted a waiver under 
     subparagraph (C) shall pay a $100 fee upon approval of the 
     alien's visa application.
       ``(e) Ineligible.--An alien is ineligible for the change of 
     status provided by this section if the alien--
       ``(1) is subject to a final order of removal under section 
     240;
       ``(2) failed to depart the United States during the period 
     of a voluntary departure order under section 240B;
       ``(3) has been issued a Notice to Appear under section 239, 
     unless the sole acts of conduct alleged to be in violation of 
     the law are that the alien is removable under section 
     237(a)(1)(C) or is inadmissible under section 212(a)(6)(A);
       ``(4) fails to comply with any request for information made 
     by the Secretary of Homeland Security; or
       ``(5) commits an act that makes the alien removable from 
     the United States.
       ``(f) Implementation and Application Time Periods.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     ensure that the application process for an adjustment of 
     status under this section is secure and incorporates 
     antifraud protection.
       ``(2) Application.--An alien must submit an initial 
     application for a change of status under this section not 
     later than 3 years after the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006. An alien that 
     fails to comply with this requirement is ineligible for a 
     change of status under this section.
       ``(3) Completion of processing.--The Secretary of Homeland 
     Security shall ensure that all applications for a change of 
     status under this section are processed not later than 3 
     years after the date of the application.
       ``(4) Location.--An alien applying for a change of status 
     under this section need not depart the United States in order 
     to apply for such a change of status.
       ``(g) Failure to Act.--An alien unlawfully in the United 
     States who fails to apply for a change of status pursuant to 
     this section or fails to depart from the United States prior 
     to the date that is 6 years after the date of the enactment 
     of the Comprehensive Immigration Reform Act of 2006 is not 
     eligible and may not apply for or receive any immigration 
     relief or benefit under this Act or any other law, with the 
     exception of section 208 or 241(b)(3) or the Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment, done at New York December 10, 1984.
       ``(h) Security and Law Enforcement Background Checks.--
       ``(1) Biometric data.--An alien may not be granted a change 
     of status under this section unless the alien submits 
     biometric data in accordance with procedures established by 
     the Secretary of Homeland Security.
       ``(2) Background checks.--The Secretary of Homeland 
     Security may not grant a change of status under this section 
     until all appropriate background checks, including any that 
     the Secretary, in the Secretary's discretion may require, are 
     completed to the satisfaction of the Secretary of Homeland 
     Security.
       ``(i) Duration, Extension, and Reentry.--
       ``(1) Duration and extension.--The period of authorized 
     admission for an alien granted a change of status under this 
     section shall be 3 years, and may be extended for 2 
     additional 3-year periods if the alien remains employed with 
     an employer who complies with the requirements of the 
     Comprehensive Immigration Reform Act of 2006 and the 
     amendments made by that Act.
       ``(2) Application for extension.--
       ``(A) In general.--An alien granted a change of status for 
     a 3-year period under this section who is seeking an 
     extension of such status shall submit an application for such 
     extension no more than 90 days and no less than 45 days 
     before the end of such 3-year period. The application shall 
     provide evidence of employment with an employer that complies 
     with the requirements of the Comprehensive Immigration Reform 
     Act of 2006 and the amendments made by that Act.
       ``(B) Fee.--An alien who submits an application for an 
     extension described in subparagraph (A), shall pay a $100 fee 
     with such application.
       ``(3) Reentry.--Unless an alien is granted a change of 
     status or adjustment of status pursuant to subsection (n), an 
     alien granted a change of status pursuant to subsection (a) 
     shall, upon the expiration of the time period for authorized 
     admission under this section, leave the United States and be 
     ineligible to reenter the United States, or receive any

[[Page 4815]]

     other immigration relief or benefit under this Act or any 
     other law, with the exception of section 208 or 241(b)(3) or 
     the Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York December 
     10, 1984, until the alien has resided continuously in the 
     alien's home country for a period of not less than 3 years.
       ``(j) Standards for Documentation.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     ensure that the document issued to provide evidence of status 
     under this section shall be machine-readable, tamper-
     resistant, and allow for biometric authentication. The 
     Secretary of Homeland Security is authorized to incorporate 
     integrated-circuit technology into the document.
       ``(2) Consultation.--The Secretary of Homeland Security 
     shall consult with the head of the Forensic Document 
     Laboratory and such other Federal agencies as may be 
     appropriate in designing the document.
       ``(3) Use of document.--The document may serve as a travel, 
     entry, and work authorization document during the period of 
     its validity.
       ``(k) Failure to Depart.--
       ``(1) Inadmissability for failure to depart.--Subject to 
     paragraph (2), an alien who fails to depart the United States 
     prior to the date that is 10 days after the date that the 
     alien's authorized period of admission under this section 
     ends is not eligible for and may not apply for or receive any 
     immigration relief or benefit under this Act or any other law 
     for a period of 10 years.
       ``(2) Exception.--The prohibition in paragraph (1) may not 
     be applied to prohibit the admission of an alien under 
     section 208 or 241(b)(3) of the Convention Against Torture 
     and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York, December 10, 1984.
       ``(l) Travel Outside the United States.--
       ``(1) In general.--An alien granted a change of status 
     under this section and the spouse or child of such alien 
     admitted pursuant to subsection (o)--
       ``(A) may travel outside of the United States; and
       ``(B) may be readmitted without having to obtain a new visa 
     if the period of authorized admission under this section has 
     not expired.
       ``(2) Effect on period of authorized admission.--Time spent 
     outside the United States under paragraph (1) may not extend 
     the period of authorized admission in the United States 
     permitted for an alien under this section or for the spouse 
     or child of such alien admitted under subsection (o).
       ``(m) Employment.--
       ``(1) In general.--An alien granted a change of status 
     under this section may be employed by any employer that 
     complies with the requirements of the Comprehensive 
     Immigration Reform Act of 2006 and the amendments made by 
     that Act.
       ``(2) Continuous employment.--
       ``(A) Requirement for employment.--An alien granted a 
     change of status under this section who fails to be employed 
     for 30 consecutive days is ineligible for reentry or 
     employment in the United States unless the alien departs the 
     United States and is admitted for reentry under a provision 
     of this Act or any other provision of law.
       ``(B) Waiver.--The Secretary of Homeland Security may, in 
     the Secretary's sole and unreviewable discretion, waive the 
     application of subparagraph (A) for an alien and authorize 
     the alien for employment without requiring the alien to 
     depart the United States.
       ``(n) Limitation on Change of Status or Adjustment of 
     Status.--
       ``(1) In general.--An alien described in paragraph (2) may 
     apply for any visa, adjustment of status, or other 
     immigration benefit, other than for an adjustment of status 
     for lawful permanent resident, that the alien qualifies for 
     after the alien has resided lawfully in the United States 
     pursuant to a change of status granted as described in 
     subsection (a) for a period of not less than 5 years, and 
     such alien may not be required to return to the alien's home 
     country in order to obtain such a visa, adjustment of status, 
     or other immigration benefit.
       ``(2) Requirements to apply.--An alien described in this 
     paragraph is an alien who--
       ``(A) has been granted a change of status under subsection 
     (a); and
       ``(B) during the 5-year period ending on the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006--
       ``(i) was physically present in the United States; and
       ``(ii) was unemployed for no more than 30 consecutive days.
       ``(o) Family Members.--
       ``(1) In general.--The spouse or child of an alien admitted 
     as a nonimmigrant under this section may be admitted to the 
     United States--
       ``(A) as a nonimmigrant for the same amount of time, and on 
     the same terms and conditions, as the alien granted a change 
     of status under this section; or
       ``(B) under any other provision of law, if such family 
     member is otherwise eligible for admission.
       ``(2) Application fee.--The spouse or child of an alien 
     admitted under this section who is seeking to be admitted 
     pursuant to this subsection shall submit, in addition to any 
     other fee authorized by law, an additional fee of $100.
       ``(p) Numerical Limit.--There shall be no numerical 
     limitation on the number of visas or number of aliens granted 
     any change of status or adjustment of status under this 
     section, including a visa issued or a change of status or 
     adjustment of status granted pursuant to subsection (n).
       ``(q) Penalties for False Statements.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person--
       ``(i) to file or assist in filing an application for a 
     change of status under this section and knowingly or 
     willfully falsify, misrepresent, conceal, or cover up a 
     material fact or make any false, fictitious, or fraudulent 
     statements or representations, or make or use any false 
     writing or document knowing the same to contain any false, 
     fictitious, or fraudulent statement or entry; or
       ``(ii) to create or supply a false writing or document for 
     use in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States on the ground described in 
     section 212(a)(6)(C)(i).
       ``(r) Treatment of Applicants.--
       ``(1) In general.--An alien who files an application for 
     nonimmigrant status under subsection (a)--
       ``(A) shall be granted employment authorization pending 
     final adjudication of the alien's application;
       ``(B) shall be granted permission to travel abroad pursuant 
     to regulation pending final adjudication of the alien's 
     application;
       ``(C) may not be detained, determined inadmissible or 
     deportable, or removed pending final adjudication of the 
     alien's application, unless the alien commits an act which 
     renders the alien ineligible for such adjustment of status; 
     and
       ``(D) may not be considered an unauthorized alien until 
     such time as the alien's application is denied.
       ``(2) Document of authorization.--The Secretary of Homeland 
     Security shall provide each alien who files an application 
     for nonimmigrant status under subsection (a) under this 
     section with a counterfeit-resistant document of 
     authorization that--
       ``(A) meets all current requirements established by the 
     Secretary of Homeland Security for travel documents; and
       ``(B) reflects the benefits and status set forth in 
     paragraph (1).
       ``(3) Security and law enforcement clearance.--Before an 
     alien is granted employment authorization or permission to 
     travel under paragraph (1), the alien shall be required to 
     undergo a name check against existing databases for 
     information relating to criminal, national security, or other 
     law enforcement actions. The head of each relevant Federal 
     agency shall work to ensure that such name checks are 
     completed not later than 90 days after the date on which the 
     name check is requested.
       ``(s) Dissemination of Information on Adjustment.--During 
     the 12 months following the issuance of final regulations 
     relating to this section, the Secretary of Homeland Security, 
     in cooperation with entities approved by the Secretary of 
     Homeland Security, shall broadly disseminate information 
     respecting adjustment of status under this section and the 
     requirements to be satisfied to obtain such status. The 
     Secretary of Homeland Security shall disseminate such 
     information to employers and labor unions to advise such 
     employers and labor unions of the rights and protections 
     available to them and to workers who file applications under 
     this section. Such information shall be broadly disseminated, 
     in the languages spoken by the top 15 source countries of the 
     aliens who would qualify for adjustment of status under this 
     section, including to television, radio, and print media such 
     aliens would have access to.
       ``(t) Employer Protections.--
       ``(1) Immigration status of alien.--An employer of an alien 
     who applies for an adjustment of status under this section 
     shall not be subject to civil or criminal tax liability 
     relating directly to the employment of such alien prior to 
     such alien's adjustment of status under this section.
       ``(2) Provision of employment records.--Employers that 
     provide unauthorized aliens with copies of employment records 
     or other evidence of employment pursuant to an application 
     for adjustment of status under this section or any other 
     application or petition pursuant to other provisions of the 
     immigration laws shall not be subject to civil or criminal 
     liability pursuant to section 274A for employing such 
     unauthorized aliens prior to such aliens' adjustment of 
     status under this section.
       ``(3) Application of other law.--Nothing in this subsection 
     shall be used to shield an employer from liability pursuant 
     to section 274B or any other labor and employment law 
     provisions.''.
       (b) Initial Receipt of Applications.--The Secretary shall 
     begin accepting applications

[[Page 4816]]

     for a change of status under section 218D of the Immigration 
     and Nationality Act, as added by subsection (a), not later 
     than 6 months after the date of the enactment of this Act.
       (c) Technical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
     amended by section 615(b), is further amended by inserting 
     after the item relating to section 218H, the following:

``Sec. 218D. Change of status for unauthorized aliens.''.

     SEC. 603. STATUTORY CONSTRUCTION.

       Nothing in this subtitle, or any amendment made by this 
     subtitle, may be construed to create any substantive or 
     procedural right or benefit that is legally enforceable by 
     any party against the United States or its agencies or 
     officers or any other person.

     SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary for facilities, personnel (including consular 
     officers), training, technology, and processing necessary to 
     carry out the amendments made by this subtitle.
                                 ______
                                 
  SA 3264. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike title VI.
       On page 225, beginning on line 17, strike all through page 
     277, line 21, and insert the following:
       (d) Other Studies and Reports.--
       (1) Study by labor.--The Secretary of Labor shall conduct a 
     study on a sector-by-sector basis on the need for guest 
     workers and the impact that any proposed temporary worker or 
     guest worker program would have on wages and employment 
     opportunities of American workers.
       (2) Study by gao.--The Comptroller General of the United 
     States shall conduct a study regarding establishing minimum 
     criteria for effectively implementing any proposed temporary 
     worker program and determining whether the Department has the 
     capability to effectively enforce the program. If the 
     Comptroller General determines that the Department does not 
     have the capability to effectively enforce any proposed 
     temporary worker program, the Comptroller General shall 
     determine what additional manpower and resources would be 
     required to ensure effective implementation.
       (3) Study by the department.--The Secretary shall conduct a 
     study to determine if the border security and interior 
     enforcement measures contained in this Act are being properly 
     implemented and whether they are effective in securing United 
     States borders and curbing illegal immigration.
       (4) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall, in cooperation 
     with the Secretary of Labor and the Comptroller General of 
     the United States, submit a report to Congress regarding the 
     studies conducted pursuant to paragraphs (1), (2), and (3).
                                 ______
                                 
  SA 3265. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 327, strike lines 2 through 6 and insert the 
     following:
       ``(ii) business records; or
       ``(iii) remittance records.
                                 ______
                                 
  SA 3266. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       Notwithstanding any other provision of law, the Secretary 
     shall permit an employee of Customs and Border Protection or 
     Immigration and Customs Enforcement who carries out the 
     functions of Customs and Border Protection or Immigration and 
     Customs Enforcement in a geographic area that is not 
     accessible by road to carry out any function that was 
     performed by an employee of the Immigration and 
     Naturalization Service in such area prior to the date of the 
     enactment of the Homeland Security Act of 2002 (6 U.S.C. 101 
     et seq.).
                                 ______
                                 
  SA 3267. Mr. NELSON of Nebraska (for himself, Mr. Sessions, Mr. Byrd, 
and Mr. Vitter) submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Border 
     Security and Interior Enforcement Improvement Act of 2006''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Severability.

                   TITLE I--SOUTHWEST BORDER SECURITY

Sec. 101. Construction of fencing and security improvements in border 
              area from Pacific Ocean to Gulf of Mexico.
Sec. 102. Border patrol agents.
Sec. 103. Increased availability of Department of Defense equipment to 
              assist with surveillance of southern international land 
              border of the United States.
Sec. 104. Ports of entry.
Sec. 105. Authorization of appropriations.

          TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT

                Subtitle A--Additional Federal Resources

Sec. 201. Necessary assets for controlling United States borders.
Sec. 202. Additional immigration personnel.
Sec. 203. Additional worksite enforcement and fraud detection agents.
Sec. 204. Document fraud detection.
Sec. 205. Powers of immigration officers and employees.

      Subtitle B--Maintaining Accurate Enforcement Data on Aliens

Sec. 211. Entry-exit system.
Sec. 212. State and local law enforcement provision of information 
              regarding aliens.
Sec. 213. Listing of immigration violators in the National Crime 
              Information Center database.
Sec. 214. Determination of immigration status of individuals charged 
              with Federal offenses.

       Subtitle C--Detention of Aliens and Reimbursement of Costs

Sec. 221. Increase of Federal detention space and the utilization of 
              facilities identified for closures as a result of the 
              Defense Base Closure Realignment Act of 1990.
Sec. 222. Federal custody of illegal aliens apprehended by State or 
              local law enforcement.
Sec. 223. Institutional Removal Program.

  Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws

Sec. 231. Congressional affirmation of immigration law enforcement 
              authority by States and political subdivisions of States.
Sec. 232. Immigration law enforcement training of State and local law 
              enforcement personnel.
Sec. 233. Immunity.

                TITLE III--VISA REFORM AND ALIEN STATUS

         Subtitle A--Limitations on Visa Issuance and Validity

Sec. 301. Curtailment of visas for aliens from countries denying or 
              delaying repatriation of nationals.
Sec. 302. Judicial review of visa revocation.
Sec. 303. Elimination of diversity immigrant program.
Sec. 304. Completion of background and security checks.
Sec. 305. Naturalization and good moral character.
Sec. 306. Denial of benefits to terrorists and criminals.
Sec. 307. Repeal of adjustment of status of certain aliens physically 
              present in United States under section 245(i).
Sec. 308. Grounds of Inadmissibility and Removability for Persecutors.
Sec. 309. Technical Corrections to SEVIS Reporting Requirements.

      TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY

                         Subtitle A--In General

Sec. 401. Short title.
Sec. 402. Findings.

         Subtitle B--Employment Eligibility Verification System

Sec. 411. Employment Eligibility Verification System.
Sec. 412. Employment eligibility verification process.
Sec. 413. Expansion of employment eligibility verification system to 
              previously hired individuals and recruiting and 
              referring.
Sec. 414. Extension of preemption to required construction of day 
              laborer shelters.
Sec. 415. Basic pilot program.
Sec. 416. Protection for United States workers and individuals 
              reporting immigration law violations.
Sec. 417. Penalties.

Subtitle C--Work Eligibility Verification Reform in the Social Security 
                             Administration

Sec. 421. Verification responsibilities of the Commissioner of Social 
              Security.

[[Page 4817]]

Sec. 422. Notification by commissioner of failure to correct social 
              security information.
Sec. 423. Restriction on access and use.
Sec. 424. Sharing of information with the commissioner of Internal 
              Revenue Service.
Sec. 425. Sharing of information with the Secretary of Homeland 
              Security.

                   Subtitle D--Sharing of Information

Sec. 431. Sharing of information with the Secretary of Homeland 
              Security and the Commissioner of Social Security.

             Subtitle E--Identification Document Integrity

Sec. 441. Consular identification documents.
Sec. 442. Machine-readable tamper-resistant immigration documents.

      Subtitle F--Effective Date; Authorization of Appropriations

Sec. 451. Effective date.
Sec. 452. Authorization of appropriations.

                   TITLE V--PENALTIES AND ENFORCEMENT

                Subtitle A--Criminal and Civil Penalties

Sec. 501. Alien smuggling and related offenses.
Sec. 502. Evasion of inspection or violation of arrival, reporting, 
              entry, or clearance requirements.
Sec. 503. Improper entry by, or presence of, aliens.
Sec. 504. Fees and Employer Compliance Fund.
Sec. 505. Reentry of removed alien.
Sec. 506. Civil and criminal penalties for document fraud, benefit 
              fraud, and false claims of citizenship.
Sec. 507. Rendering inadmissible and deportable aliens participating in 
              criminal street gangs.
Sec. 508. Mandatory detention of suspected criminal street gang 
              members.
Sec. 509. Ineligibility for asylum and protection from removal.
Sec. 510. Penalties for misusing social security numbers or filing 
              false information with Social Security Administration.
Sec. 511. Technical and clarifying amendments.

             Subtitle B--Detention, Removal, and Departure

Sec. 521. Voluntary departure reform.
Sec. 522. Release of aliens in removal proceedings.
Sec. 523. Expedited removal.
Sec. 524. Reinstatement of previous removal orders.
Sec. 525. Cancellation of removal.
Sec. 526. Detention of dangerous alien.
Sec. 527. Alternatives to detention.
Sec. 528. Authorization of appropriations.

     SEC. 2. SEVERABILITY.

       If any provision of this Act, any amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of this Act, and the application of such provision 
     to other persons not similarly situated or to other 
     circumstances, shall not be affected by such holding.

                   TITLE I--SOUTHWEST BORDER SECURITY

     SEC. 101. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS 
                   IN BORDER AREA FROM PACIFIC OCEAN TO GULF OF 
                   MEXICO.

       (a) In General.--Section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public Law 104-208; 8 U.S.C. 1103 note) is amended to read 
     as follows--
       ``(1) Border security improvements.--
       ``(A) Border zone creation.--
       ``(i) In general.--In carrying out subsection (a), the 
     Secretary of Homeland Security shall create and control a 
     border zone, along the international land border between the 
     United States and Mexico, subject to the following 
     conditions:

       ``(I) Size.--The border zone shall consist of the United 
     States land area within 100 yards of such international land 
     border, except that with respect to areas of the border zone 
     that are contained within an organized subdivision of a State 
     or local government, the Secretary may adjust the area 
     included in the border zone to accommodate existing public 
     and private structures.
       ``(II) Federal land.--Not later than 30 days after the date 
     of the enactment of the Border Security and Interior 
     Enforcement Improvement Act of 2006, the head of each Federal 
     agency having jurisdiction over Federal land included in the 
     border zone shall transfer such land, without reimbursement, 
     to the administrative jurisdiction of the Secretary of 
     Homeland Security.
       ``(III) Consultation.--Before installing any fencing or 
     other physical barriers, roads, lighting, or sensors under 
     subparagraph (B) on land transferred by the Secretary of 
     Defense under subclause (II), the Secretary of Homeland 
     Security shall consult with the Secretary of Defense for 
     purposes of mitigating or limiting the impact of the fencing, 
     barriers, roads, lighting, and sensors on military training 
     and operations.

       ``(ii) Other uses.--The Secretary may authorize the use of 
     land included in the border zone for other purposes so long 
     as such use does not impede the operation or effectiveness of 
     the security features installed under subparagraph (B) or the 
     ability of the Secretary to carry out subsection (a).
       ``(B) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security shall provide for--
       ``(i) the construction along the southern international 
     land border between the United States and Mexico, starting at 
     the Pacific Ocean and extending eastward to the Gulf of 
     Mexico, of at least 2 layers of reinforced fencing; and
       ``(ii) the installation of such additional physical 
     barriers, roads, lighting, ditches, and sensors along such 
     border as may be necessary to eliminate illegal crossings and 
     facilitate legal crossings along such border.
       ``(C) Priority areas.--With respect to the border described 
     in subparagraph (B), the Secretary shall ensure that initial 
     fence construction occurs in high traffic and smuggling areas 
     along such border.''.
       (b) Conforming Amendments.--Section 102 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public Law 104-208; 8 U.S.C. 1103 note) as amended by 
     subsection (a) is further amended--
       (1) in subsection (a), by striking ``Attorney General, in 
     consultation with the Commissioner of Immigration and 
     Naturalization,'' and inserting ``Secretary of Homeland 
     Security'';
       (2) in subsection (b), by striking the heading and 
     inserting ``Border Zone Creation and Reinforced Fending--''; 
     and
       (3) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''.

     SEC. 102. BORDER PATROL AGENTS.

       Section 5202 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) 
     is amended--
       (1) by striking ``2010'' both places it appears and 
     inserting ``2011''; and
       (2) by striking ``2,000'' and inserting ``3,000''.

     SEC. 103. INCREASED AVAILABILITY OF DEPARTMENT OF DEFENSE 
                   EQUIPMENT TO ASSIST WITH SURVEILLANCE OF 
                   SOUTHERN INTERNATIONAL LAND BORDER OF THE 
                   UNITED STATES.

       (a) Increased Availability of Equipment.--The Secretary of 
     Defense and the Secretary of Homeland Security shall develop 
     and implement a plan to use the 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 with Department of Homeland Security 
     surveillance activities conducted at or near the southern 
     international land border of the United States.
       (b) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Homeland Security shall submit a report to 
     Congress that contains--
       (1) a description of the current use of Department of 
     Defense equipment to assist with Department of Homeland 
     Security surveillance of the southern international land 
     border of the United States;
       (2) the plan developed under subsection (a) to increase the 
     use of Department of Defense equipment to assist with such 
     surveillance activities; and
       (3) a description of the types of equipment and other 
     support to be provided by Department of Defense under such 
     plan during the 1-year period beginning after submission of 
     the report.

     SEC. 104. PORTS OF ENTRY.

       To facilitate legal trade, commerce, tourism, and legal 
     immigration, the Secretary of Homeland Security is authorized 
     to--
       (1) construct additional ports of entry along the 
     international land border of the United States, at locations 
     to be determined by the Secretary; and
       (2) make necessary improvements to the ports of entry in 
     existence on the date of the enactment of this Act.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     $5,000,000,000 to carry out section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public Law 104-208; 8 U.S.C. 1103), as amended by section 
     101. Such sums shall be available until expended.
       (b) Border Patrol Agents.--There are authorized to be 
     appropriated $3,000,000,000 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 section 
     102.
       (c) Ports of Entry.--There are authorized to be 
     appropriated $125,000,000 to carry out section 104.
       (d) Conforming Amendment.--Section 102(b)(4) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) is repealed.

          TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT

                Subtitle A--Additional Federal Resources

     SEC. 201. NECESSARY ASSETS FOR CONTROLLING UNITED STATES 
                   BORDERS.

       (a) Personnel.--
       (1) Customs and border protection officers.--In each of the 
     fiscal years 2007 through 2011, the Secretary of Homeland 
     Security shall increase by not less than 250 the

[[Page 4818]]

     number of positions for full-time active duty Customs and 
     Border Protection officers.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     fiscal years 2007 through 2011 to carry out paragraph (1).
       (b) Technological Assets.--
       (1) Acquisition.--The Secretary of Homeland Security shall 
     procure unmanned aerial vehicles, cameras, poles, sensors, 
     and other technologies necessary to achieve operational 
     control of the borders of the United States.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated $500,000,000 for each of fiscal years 2007 
     through 2011 to carry out paragraph (1).
       (c) Border Patrol Checkpoints.--Notwithstanding any other 
     provision of law or regulation, temporary or permanent 
     checkpoints may be maintained on roadways in border patrol 
     sectors close to the international land borders of the United 
     States in such locations and for such time period durations 
     as the Secretary of Homeland Security, in the Secretary's 
     sole discretion, determines necessary.

     SEC. 202. ADDITIONAL IMMIGRATION PERSONNEL.

       (a) Department of Homeland Security.--
       (1) Investigative personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 118 
     Stat. 3734), for each of fiscal years 2007 through 2011, the 
     Secretary of Homeland Security shall, subject to the 
     availability of appropriations for such purpose, increase by 
     not less than 200 the number of positions for investigative 
     personnel within the Department of Homeland Security 
     investigating alien smuggling and immigration status 
     violations above the number of such positions for which funds 
     were made available during the preceding fiscal year.
       (2) Trial attorneys.--In each of fiscal years 2007 through 
     2011, the Secretary of Homeland Security 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 of Homeland Security 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.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Homeland Security for 
     each of fiscal years 2007 through 2011 such sums as may be 
     necessary to carry out this subsection.
       (b) Department of Justice.--
       (1) Assistant attorney general for immigration 
     enforcement.--
       (A) Establishment.--There is established within the 
     Department of Justice the position of Assistant Attorney 
     General for Immigration Enforcement. The Assistant Attorney 
     General for Immigration Enforcement shall coordinate and 
     prioritize immigration litigation and enforcement in the 
     Federal courts, including--
       (i) removal and deportation;
       (ii) employer sanctions; and
       (iii) alien smuggling and human trafficking.
       (B) Conforming amendment.--Section 506 of title 28, United 
     States Code, is amended by striking ``ten'' and inserting 
     ``11''.
       (2) 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 
     above the number of such positions for which funds were made 
     available during the preceding fiscal year.
       (3) Assistant 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 Assistant United 
     States Attorneys to litigate immigration cases in the Federal 
     courts above the number of such positions for which funds 
     were made available during the preceding fiscal year.
       (4) Immigration judges.--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 immigration judges above 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 Department of Justice for each of 
     fiscal years 2007 through 2011 such sums as may be necessary 
     to carry out this subsection, including the hiring of 
     necessary support staff.

     SEC. 203. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION 
                   AGENTS.

       (a) Worksite Enforcement.--In each of fiscal years 2007 
     through 2011, the Secretary of Homeland Security shall, 
     subject to the availability of appropriations for such 
     purpose, 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, 1324a) above the number of such positions 
     in which funds were made available during the preceding 
     fiscal year.
       (b) Fraud Detection.--In each of fiscal years 2007 through 
     2011, the Secretary of Homeland Security shall, subject to 
     the availability of appropriations for such purpose, increase 
     by not less than 1,000 the number of positions for 
     Immigration Enforcement Agents dedicated to immigration fraud 
     detection above the number of such positions in which funds 
     were made available during the preceding fiscal year.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated during each of fiscal years 2007 through 
     2011 such sums as may be necessary to carry out this section.

     SEC. 204. DOCUMENT FRAUD DETECTION.

       (a) Training.--The Secretary of Homeland Security 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 Forensic Document Laboratory of the Bureau of 
     Immigration and Customs Enforcement of the Department of 
     Homeland Security.
       (b) Forensic Document Laboratory.--The Secretary of 
     Homeland Security shall provide all officers of the Bureau of 
     Customs and Border Protection with access to the Forensic 
     Document Laboratory.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 for each of fiscal years 2007 
     through 2011 to carry out this section.

     SEC. 205. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES.

       Section 287(a) of the Immigration and Nationality Act (8 
     U.S.C. 1357(a)) is amended--
       (1) by striking paragraph (5) and the 2 undesignated 
     paragraphs following paragraph (5);
       (2) in the material preceding paragraph (1)--
       (A) by striking ``(a) Any'' and inserting ``(a)(1) Any''; 
     and
       (B) by striking ``Service'' and inserting ``Department of 
     Homeland Security'';
       (3) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D), respectively; and
       (4) by inserting after subparagraph (D), as redesignated by 
     paragraph (3), the following:
       ``(E) to make arrests--
       ``(i) for any offense against the United States, if the 
     offense is committed in the officer's or employee's presence; 
     or
       ``(ii) for any felony cognizable under the laws of the 
     United States, if the officer or employee has reasonable 
     grounds to believe that the person to be arrested has 
     committed or is committing such a felony.
       ``(2) Under regulations prescribed by the Attorney General 
     or the Secretary of Homeland Security, an officer or employee 
     of the Service may carry a firearm and may execute and serve 
     any order, warrant, subpoena, summons, or other process 
     issued under the authority of the United States.''.

      Subtitle B--Maintaining Accurate Enforcement Data on Aliens

     SEC. 211. ENTRY-EXIT SYSTEM.

       (a) Integrated Entry and Exit Data System.--Section 
     110(b)(1) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1365a(b)(1)) is amended 
     to read as follows:
       ``(1) provides access to, and integrates, arrival and 
     departure data of all aliens who arrive and depart at ports 
     of entry, in an electronic format and in a database of the 
     Department of Homeland Security or the Department of State 
     (including those created or used at ports of entry and at 
     consular offices);''.
       (b) Construction.--Section 110(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a(c)) is amended to read as follows:
       ``(c) Construction.--Nothing in this section shall be 
     construed to reduce or curtail any authority of the Secretary 
     of Homeland Security or the Secretary of State under any 
     other provision of law.''.
       (c) Deadlines.--Section 110(d) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1365a(d)) is amended--
       (1) in paragraph (1), by striking ``December 31, 2003'' and 
     inserting ``October 1, 2006''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Land border ports of entry.--Not later than October 
     1, 2006, the Secretary of Homeland Security shall implement 
     the integrated entry and exit data system using the data 
     described in paragraph (1) and available alien arrival and 
     departure data described in subsection (b)(1) pertaining to 
     aliens arriving in, or departing from, the United States at 
     all land border ports of entry. Such implementation shall 
     include ensuring that such data, when collected or created by 
     an immigration officer at a port of entry, are entered into 
     the system and can be accessed by immigration officers at 
     airports, seaports, and other land border ports of entry.''.
       (d) Authority To Provide Access to System.--Section 
     110(f)(1) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1365a(f)(1)) is amended 
     by adding at the end: ``The Secretary of Homeland Security 
     shall ensure

[[Page 4819]]

     that any officer or employee of the Department of Homeland 
     Security or the Department of State having need to access the 
     data contained in the integrated entry and exit data system 
     for any lawful purpose under the Immigration and Nationality 
     Act has such access, including access for purposes of 
     representation of the Department of Homeland Security in 
     removal proceedings under section 240 of such Act and 
     adjudication of applications for benefits under such Act.''.
       (e) Biometric Data Enhancements.--Not later than October 1, 
     2006, the Secretary of Homeland Security shall--
       (1) in consultation with the Attorney General, enhance 
     connectivity between the automated biometric fingerprint 
     identification system (IDENT) of the Department of Homeland 
     Security and the integrated automated fingerprint 
     identification system (IAFIS) of the Federal Bureau of 
     Investigation fingerprint databases to ensure more 
     expeditious data searches; and
       (2) in consultation with the Secretary of State, collect 
     all 10 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), as amended by 
     this section.

     SEC. 212. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF 
                   INFORMATION REGARDING ALIENS.

       (a) Violations of Federal Law.--A statute, policy, or 
     practice that prohibits, or restricts in any manner, a law 
     enforcement or administrative enforcement officer of a State 
     or of a political subdivision therein, from enforcing Federal 
     immigration laws or from assisting or cooperating with 
     Federal immigration law enforcement in the course of carrying 
     out the investigative or enforcement duties of the officer or 
     from providing information to an official of the United 
     States Government regarding the immigration status of an 
     individual who is believed to be illegally present in the 
     United States, is in violation of section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1644).
       (b) State and Local Law Enforcement Provision of 
     Information About Apprehended Illegal Aliens.--
       (1) Provision of information.--
       (A) In general.--In compliance with section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1644), each law enforcement agency of a State 
     or of a political subdivision therein shall provide to the 
     Department of Homeland Security the information listed in 
     paragraph (2) for each alien who is apprehended in the 
     jurisdiction of such agency and who cannot produce the valid 
     certificate of alien registration or alien registration 
     receipt card described in section 264(d) of the Immigration 
     and Nationality Act (8 U.S.C. 1304(d)).
       (B) Time limitation.--Not later than 15 days after an alien 
     described in subparagraph (A) is apprehended, information 
     required to be provided under subparagraph (A) shall be 
     provided in such form and in such manner as the Secretary of 
     Homeland Security may, by regulation or guideline, require.
       (C) Exception.--The reporting requirement in paragraph (A) 
     shall not apply in the case of any alien determined to be 
     lawfully present in the United States.
       (2) Information required.--The information listed in this 
     subsection is as follows:
       (A) The alien's name.
       (B) The alien's address or place of residence.
       (C) A physical description of the alien.
       (D) The date, time, and location of the encounter with the 
     alien and reason for stopping, detaining, apprehending, or 
     arresting the alien.
       (E) If applicable--
       (i) the alien's driver's license number and the State of 
     issuance of such license;
       (ii) the type of any other identification document issued 
     to the alien, any designation number contained on the 
     identification document, and the issuing entity for the 
     identification document;
       (iii) the license number and description of any vehicle 
     registered to, or operated by, the alien; and
       (iv) a photo of the alien and a full set of the alien's 10 
     rolled fingerprints, if available or readily obtainable.
       (3) Reimbursement.--The Secretary of Homeland Security 
     shall reimburse such law enforcement agencies for the costs, 
     per a schedule determined by the Secretary, incurred by such 
     agencies in collecting and transmitting the information 
     described in paragraph (2).
       (c) Technical and Conforming Amendments.--
       (1) Illegal immigration reform and immigrant responsibility 
     act of 1996.--
       (A) Technical amendment.--Section 642 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373) is amended--
       (i) in subsections (a), (b)(1), and (c), by striking 
     ``Immigration and Naturalization Service'' each place it 
     appears and inserting ``Department of Homeland Security''; 
     and
       (ii) in the heading by striking ``IMMIGRATION AND 
     NATURALIZATION SERVICE'' and inserting ``DEPARTMENT OF 
     HOMELAND SECURITY''.
       (B) Conforming amendment.--Section 1(d) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-546) is 
     amended by striking the item related to section 642 and 
     inserting the following:

``Sec. 642. Communication between government agencies and the 
              Department of Homeland Security.''.

       (2) Personal responsibility and work opportunity 
     reconciliation act of 1996.--
       (A) In general.--Section 434 of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1644) is amended--
       (i) by striking ``Immigration and Naturalization Service'' 
     and inserting ``Department of Homeland Security''; and
       (ii) in the heading by striking ``IMMIGRATION AND 
     NATURALIZATION SERVICE'' and inserting ``DEPARTMENT OF 
     HOMELAND SECURITY''.
       (B) Conforming amendment.--Section 2 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1642) is amended by striking the item related 
     to section 434 and inserting the following:

``Sec. 434. Communication between State and local government agencies 
              and the Department of Homeland Security.''.

       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     the requirements of this section.

     SEC. 213. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the National Crime 
     Information Center.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall provide to the head of the National Crime Information 
     Center of the Department of Justice the information that the 
     Secretary of Homeland Security 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)(2) or 
     (b)(2) of section 240B of the Immigration and Nationality Act 
     (8 U.S.C. 1229c) or who has violated a condition of a 
     voluntary departure agreement under such section 240B;
       (C) detained by a Federal, State, or local law enforcement 
     agency whom a Federal immigration officer has confirmed to be 
     unlawfully present in the United States but, in the exercise 
     of discretion, has been released from detention without 
     transfer into the custody of a Federal immigration officer;
       (D) who has remained in the United States beyond the 
     alien's authorized period of stay; and
       (E) 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 of Homeland Security under 
     paragraph (1) related to an alien who is granted lawful 
     authority to enter or remain legally in the United States.
       (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, 
     regardless of whether the alien has received notice of the 
     violation or the alien has already been removed; and''.

     SEC. 214. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS 
                   CHARGED WITH FEDERAL OFFENSES.

       (a) Responsibility of United States Attorneys.--Beginning 2 
     years after the date of the enactment of this Act, the office 
     of the United States attorney that is prosecuting a criminal 
     case in a Federal court--
       (1) shall determine, not later than 30 days after filing 
     the initial pleadings in the case, whether each defendant in 
     the case is lawfully present in the United States (subject to 
     subsequent legal proceedings to determine otherwise);
       (2)(A) if the defendant is determined to be an alien 
     lawfully present in the United States, shall notify the court 
     in writing of the determination and the current status of the 
     alien under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.); and
       (B) if the defendant is determined not to be lawfully 
     present in the United States, shall notify the court in 
     writing of the determination, the defendant's alien status, 
     and, to the extent possible, the country of origin or legal 
     residence of the defendant; and
       (3) ensure that the information described in paragraph (2) 
     is included in the case file

[[Page 4820]]

     and the criminal records system of the office of the United 
     States attorney.
       (b) Guidelines.--A determination made under subsection 
     (a)(1) shall be made in accordance with guidelines of the 
     Executive Office for Immigration Review of the Department of 
     Justice.
       (c) Responsibilities of Federal Courts.--
       (1) Modifications of records and case managements 
     systems.--Not later than 2 years after the date of the 
     enactment of this Act, all Federal courts that hear criminal 
     cases, or appeals of criminal cases, shall modify their 
     criminal records and case management systems, in accordance 
     with guidelines which the Director of the Administrative 
     Office of the United States Courts shall establish, so as to 
     enable accurate reporting of information described in 
     subsection (a)(2).
       (2) Data entries.--Beginning 2 years after the date of the 
     enactment of this Act, each Federal court described in 
     paragraph (1) shall enter into its electronic records the 
     information contained in each notification to the court under 
     subsection (a)(2).
       (d) Annual Report to Congress.--The Director of the 
     Administrative Office of the United States Courts shall 
     include, in the annual report filed with the Congress under 
     section 604 of title 28, United States Code--
       (1) statistical information on criminal trials of aliens in 
     the courts and criminal convictions of aliens in the lower 
     courts and upheld on appeal, including the type of crime in 
     each case and including information on the legal status of 
     the aliens; and
       (2) recommendations on whether additional court resources 
     are needed to accommodate the volume of criminal cases 
     brought against aliens in the Federal courts.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2007 through 
     2012, such sums as may be necessary to carry out this Act. 
     Funds appropriated pursuant to this subsection in any fiscal 
     year shall remain available until expended.

       Subtitle C--Detention of Aliens and Reimbursement of Costs

     SEC. 221. INCREASE OF FEDERAL DETENTION SPACE AND THE 
                   UTILIZATION OF FACILITIES IDENTIFIED FOR 
                   CLOSURES AS A RESULT OF THE DEFENSE BASE 
                   CLOSURE REALIGNMENT ACT OF 1990.

       (a) Construction or Acquisition of Detention Facilities.--
       (1) In general.--The Secretary of Homeland Security shall 
     construct or acquire, in addition to existing facilities for 
     the detention of aliens, 20 detention facilities in the 
     United States that have the capacity to detain a combined 
     total of not less than 10,000 individuals at any time for 
     aliens detained pending removal or a decision on removal of 
     such aliens from the United States.
       (2) Determination of location.--The location of any 
     detention facility built or acquired in accordance with this 
     subsection shall be determined with the concurrence of the 
     Secretary by the senior officer responsible for Detention and 
     Removal Operations in the Department of Homeland Security. 
     The detention facilities shall be located so as to enable the 
     Department to increase to the maximum extent practicable the 
     annual rate and level of removals of illegal aliens from the 
     United States.
       (3) Use of installations under base closure laws.--In 
     acquiring detention facilities under this subsection, the 
     Secretary of Homeland Security shall consider the transfer of 
     appropriate portions of military installations approved for 
     closure or realignment under the Defense Base Closure and 
     Realignment Act of 1990 (10 U.S.C. 2687 note) for use in 
     accordance with paragraph (1).
       (b) Technical and Conforming Amendment.--Section 241(g)(1) 
     of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) 
     is amended by striking ``may expend'' and inserting ``shall 
     expend''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 222. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY 
                   STATE OR LOCAL LAW ENFORCEMENT.

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

     ``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL 
                   CUSTODY.

       ``(a) In General.--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 illegal 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 illegal alien; and
       ``(B) if the individual is an illegal alien, 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 and 
     incarcerate the alien; or
       ``(ii) request that the relevant State or local law 
     enforcement agency temporarily detain or transport the 
     illegal 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 criminal or illegal aliens to 
     the Department of Homeland Security.
       ``(b) Reimbursement.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     reimburse a State or a political subdivision of a State for 
     expenses, as verified by the Secretary of Homeland Security, 
     incurred by the State or political subdivision in the 
     detention and transportation of a criminal or illegal alien 
     as described in subparagraphs (A) and (B) of subsection 
     (a)(1).
       ``(2) Cost computation.--Compensation provided for costs 
     incurred under subparagraphs (A) and (B) of subsection (a)(1) 
     shall be--
       ``(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 criminal or illegal 
     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 illegal alien during the period 
     between the time of transmittal of the request described in 
     subsection (a) and the time of transfer into Federal custody.
       ``(c) Requirement for Appropriate Security.--The Secretary 
     of Homeland Security shall ensure that illegal 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.
       ``(d) Requirement for Schedule.--In carrying out this 
     section, the Secretary of Homeland Security shall establish a 
     regular circuit and schedule for the prompt transportation of 
     apprehended illegal aliens from the custody of those States 
     and political subdivisions of States which routinely submit 
     requests described in subsection (a) into Federal custody.
       ``(e) Authority for Contracts.--
       ``(1) In general.--The Secretary of Homeland Security may 
     enter into contracts or cooperative agreements with 
     appropriate State and local law enforcement and detention 
     agencies to implement this section.
       ``(2) Determination by secretary.--Prior to entering into a 
     contract or cooperative agreement with a State or political 
     subdivision of a State under paragraph (1), the Secretary 
     shall determine whether the State, or 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.
       ``(f) Illegal Alien Defined.--In this section, the term 
     `illegal alien' means an alien who--
       ``(1) entered the United States without inspection or at 
     any time or place other than that designated by the Secretary 
     of Homeland Security;
       ``(2) was admitted as a nonimmigrant and who, at the time 
     the alien was taken into custody by the State or a political 
     subdivision of the State, had failed to--
       ``(A) maintain the nonimmigrant status in which the alien 
     was admitted or to which it was changed under section 248; or
       ``(B) comply with the conditions of any such status;
       ``(3) was admitted as an immigrant and has subsequently 
     failed to comply with the requirements of that status; or
       ``(4) failed to depart the United States under a voluntary 
     departure agreement or under a final order of removal.''.
       (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. 223. INSTITUTIONAL REMOVAL PROGRAM.

       (a) Institutional Removal Program.--
       (1) Continuation.--The Secretary of Homeland Security shall 
     continue to operate the

[[Page 4821]]

     Institutional Removal Program or develop and implement any 
     other 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 of Homeland Security shall 
     extend the institutional removal program to all States. Each 
     State should--
       (A) cooperate with officials of the Federal Institutional 
     Removal Program;
       (B) expeditiously and systematically identify criminal 
     aliens in its prison and jail populations; and
       (C) promptly convey the information collected under 
     subparagraph (B) to officials of the Institutional Removal 
     Program.
       (b) Implementation of Cooperative Institutional Removal 
     Programs.--Section 642 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), is 
     amended by adding at the end the following:
       ``(d) Authorization for Detention After Completion of State 
     or Local Prison Sentence.--Law enforcement officers of a 
     State or political subdivision of a State are authorized to--
       ``(1) hold an illegal alien for a period of up to 14 days 
     after the alien has completed the alien's State prison 
     sentence in order to effectuate the transfer of the alien to 
     Federal custody when 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 personnel from the Bureau of Immigration and 
     Customs Enforcement can take the alien into custody.
       ``(e) Technology Usage.--Technology such as 
     videoconferencing shall be used to the maximum extent 
     practicable in order to make the Institutional Removal 
     Program available in remote locations. Mobile access to 
     Federal databases of aliens, such as the automated biometric 
     fingerprint identification system (IDENT) of the Department 
     of Homeland Security, and live scan technology shall be used 
     to the maximum extent practicable in order to make these 
     resources available to State and local law enforcement 
     agencies in remote locations.
       ``(f) Report to Congress.--Not later than 1 year after the 
     date of the enactment of the Border Security and Interior 
     Enforcement Improvement Act of 2006, the Secretary of 
     Homeland Security shall submit to Congress a report on the 
     participation of States in the Institutional Removal Program 
     and in any other program carried out under subsection (a).
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out the Institutional 
     Removal Program--
       ``(1) $30,000,000 for fiscal year 2007;
       ``(2) $40,000,000 for fiscal year 2008;
       ``(3) $50,000,000 for fiscal year 2009;
       ``(4) $60,000,000 for fiscal year 2010; and
       ``(5) $70,000,000 for fiscal year 2011 and each fiscal year 
     thereafter.''.

  Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws

     SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION LAW 
                   ENFORCEMENT AUTHORITY BY STATES AND POLITICAL 
                   SUBDIVISIONS OF STATES.

       Notwithstanding any other provision of law and reaffirming 
     the existing inherent authority of States, law enforcement 
     personnel of a State or a political subdivision of a State 
     have the inherent authority of a sovereign entity to 
     investigate, identify, apprehend, arrest, detain, or transfer 
     to Federal custody aliens in the United States (including the 
     transportation of such aliens across State lines to detention 
     centers), for the purpose of assisting in the enforcement of 
     the immigration laws of the United States in the normal 
     course of carrying out the law enforcement duties of such 
     personnel. This State authority has never been displaced or 
     preempted by a Federal law.

     SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND 
                   LOCAL LAW ENFORCEMENT PERSONNEL.

       (a) Training Manual and Pocket Guide.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall establish--
       (A) a training manual for law enforcement personnel of a 
     State or political subdivision of a State to train such 
     personnel in the investigation, identification, apprehension, 
     arrest, detention, and transfer to Federal custody of aliens 
     in the United States (including the transportation of such 
     aliens across State lines to detention centers and the 
     identification of fraudulent documents); and
       (B) an immigration enforcement pocket guide for law 
     enforcement personnel of a State or political subdivision of 
     a State to provide a quick reference for such personnel in 
     the course of duty.
       (2) Availability.--The training manual and pocket guide 
     established in accordance with paragraph (1) shall be made 
     available to all State and local law enforcement personnel.
       (3) Applicability.--Nothing in this subsection shall be 
     construed to require State or local law enforcement personnel 
     to carry the training manual or pocket guide established in 
     accordance with paragraph (1) with them while on duty.
       (4) Costs.--The Secretary of Homeland Security shall be 
     responsible for any and all costs incurred in establishing 
     the training manual and pocket guide under this subsection.
       (b) Training Flexibility.--
       (1) In general.--The Secretary of Homeland Security shall 
     make training of State and local law enforcement officers 
     available through as many means as possible, including 
     residential training at the Center for Domestic Preparedness 
     of the Department of Homeland Security, on-site training held 
     at State or local police agencies or facilities, online 
     training courses by computer, teleconferencing, and 
     videotape, or the digital video display (DVD) of a training 
     course or courses.
       (2) Online training.--The head of the Distributed Learning 
     Program of the Federal Law Enforcement Training Center shall 
     make training available for State and local law enforcement 
     personnel via the Internet through a secure, encrypted 
     distributed learning system that has all its servers based in 
     the United States.
       (3) Federal personnel training.--The training of State and 
     local law enforcement personnel under this section shall not 
     displace the training of Federal personnel.
       (c) Cooperative Enforcement Programs.--Not later than 2 
     years after the date of the enactment of this Act, the 
     Secretary shall negotiate and execute, where practicable, a 
     cooperative enforcement agreement described in section 287(g) 
     of the Immigration and Nationality Act (8 U.S.C. 1357(g)) 
     with at least 1 law enforcement agency in each State, to 
     train law enforcement officers in the detection and 
     apprehension of individuals engaged in transporting, 
     harboring, sheltering, or encouraging aliens in violation of 
     section 274 of such Act (8 U.S.C. 1324).
       (d) Duration of Training.--Section 287(g)(2) of the 
     Immigration and Nationalization Act (8 U.S.C. 1357(g)(2)) is 
     amended by adding at the end ``Such training may not exceed 
     14 days or 80 hours of classroom training.''.
       (e) Clarification.--Nothing in this Act or any other 
     provision of law shall be construed as making any 
     immigration-related training a requirement for, or 
     prerequisite to, any State or local law enforcement officer 
     exercising the inherent authority of the officer to 
     investigate, identify, apprehend, arrest, detain, or transfer 
     to Federal custody illegal aliens during the normal course of 
     carrying out the law enforcement duties of the officer.
       (f) Technical Amendments.--Section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended 
     by striking ``Attorney General'' each place it appears and 
     inserting ``Secretary of Homeland Security''.

     SEC. 233. IMMUNITY.

       (a) Personal Immunity.--Notwithstanding any other provision 
     of law, a law enforcement officer of a State, or of a 
     political subdivision of a State, shall be immune, to the 
     same extent as a Federal law enforcement officer, from 
     personal liability arising out of the enforcement of any 
     immigration law. The immunity provided by this subsection 
     shall only apply to an officer of a State, or of a political 
     subdivision of a State, who is acting within the scope of 
     such officer's official duties.
       (b) Agency Immunity.--Notwithstanding any other provision 
     of law, a law enforcement agency of a State, or of a 
     political subdivision of a State, shall be immune from any 
     claim for money damages based on Federal, State, or local 
     civil rights law for an incident arising out of the 
     enforcement of any immigration law, except to the extent that 
     the law enforcement officer of such agency, whose action the 
     claim involves, committed a violation of Federal, State, or 
     local criminal law in the course of enforcing such 
     immigration law.

                TITLE III--VISA REFORM AND ALIEN STATUS

         Subtitle A--Limitations on Visa Issuance and Validity

     SEC. 301. CURTAILMENT OF VISAS FOR ALIENS FROM COUNTRIES 
                   DENYING OR DELAYING REPATRIATION OF NATIONALS.

       (a) In General.--Section 243 of the Immigration and 
     Nationality Act (8 U.S.C. 1253) is amended by adding at the 
     end the following new subsection:
       ``(e) Public Listing of Aliens With No Significant 
     Likelihood of Removal.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     establish and maintain a public listing of every alien who is 
     subject to a final order of removal and with respect to whom 
     the Secretary or any Federal court has determined that there 
     is no significant likelihood of removal in the reasonably 
     foreseeable future due to the refusal, or unreasonable delay, 
     of all countries designated by the alien under this section 
     to receive the alien. The public listing shall indicate 
     whether such alien has been released from Federal custody, 
     and the city and State in which such alien resides.
       ``(2) Discontinuation of visas.--If 25 or more of the 
     citizens, subjects, or nationals of

[[Page 4822]]

     any foreign state remain on the public listing described in 
     paragraph (1) throughout any month--
       ``(A) such foreign state shall be deemed to have denied or 
     unreasonably delayed the acceptance of such aliens;
       ``(B) the Secretary of Homeland Security shall make the 
     notification to the Secretary of State prescribed in 
     subsection (d) of this section; and
       ``(C) the Secretary of State shall discontinue the issuance 
     of nonimmigrant visas to citizens, subjects, or nationals of 
     such foreign state until such time as the number of aliens on 
     the public listing from such foreign state has--
       ``(i) declined to fewer than 6; or
       ``(ii) remained below 25 for at least 30 days.''.
       (b) Technical Amendment.--Section 243 of the Immigration 
     and Nationality Act (8 U.S.C. 1253) is amended--
       (1) in subsection (a)(1)(D), by inserting ``or the 
     Secretary of Homeland Security'' after ``Attorney General'';
       (2) in subsection (c)--
       (A) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (B) by striking ``Commissioner'' and inserting 
     ``Secretary''; and
       (3) in subsection (d)--
       (A) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (B) by inserting ``of State'' after ``notifies the 
     Secretary''.

     SEC. 302. JUDICIAL REVIEW OF VISA REVOCATION.

       Section 221(i) of the Immigration and Nationality Act (8 
     U.S.C. 1201(i)) is amended by striking ``, except in the 
     context of a removal proceeding if such revocation provides 
     the sole ground for removal under section 237(a)(1)(B)''.

     SEC. 303. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

       (a) Worldwide Level of Diversity Immigrants.--Section 201 
     of the Immigration and Nationality Act (8 U.S.C. 1151) is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``and'' at the end of paragraph (1);
       (B) by striking ``; and'' at the end of paragraph (2) and 
     inserting a period; and
       (C) by striking paragraph (3); and
       (2) by striking subsection (e).
       (b) Allocation of Diversity Immigrant Visas.--Section 203 
     of such Act (8 U.S.C. 1153) is amended--
       (1) by striking subsection (c);
       (2) in subsection (d), by striking ``(a), (b), or (c),'' 
     and inserting ``(a) or (b),'';
       (3) in subsection (e), by striking paragraph (2) and 
     redesignating paragraph (3) as paragraph (2);
       (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
     inserting ``(a) or (b)''; and
       (5) in subsection (g), by striking ``(a), (b), and (c)'' 
     and inserting ``(a) and (b)''.
       (c) Procedure for Granting Immigrant Status.--Section 204 
     of such Act (8 U.S.C. 1154) is amended--
       (1) by striking subsection (a)(1)(I); and
       (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
     inserting ``(a) or (b)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2006.

     SEC. 304. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

       Section 103 of the Immigration and Nationality Act (8 
     U.S.C. 1103) is amended by adding at the end the following 
     new subsection:
       ``(i) Notwithstanding any other provision of law, the 
     Secretary of Homeland Security, the Attorney General, or any 
     court shall not--
       ``(1) grant or order the grant of adjustment of status 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 Attorney General, the Secretary, or any court,
     until such background and security checks as the Secretary 
     may in his discretion require have been completed to the 
     satisfaction of the Secretary.''.

     SEC. 305. NATURALIZATION AND GOOD MORAL CHARACTER.

       (a) Naturalization Reform.--
       (1) Barring terrorists from naturalization.--Section 316 of 
     the Immigration and Nationality Act (8 U.S.C. 1427) is 
     amended by adding at the end the following new subsection:
       ``(g) No person shall be naturalized who the Secretary of 
     Homeland Security determines, in the Secretary's discretion, 
     to have been at any time an alien described in section 
     212(a)(3) or 237(a)(4). Such determination may be based upon 
     any relevant information or evidence, including classified, 
     sensitive, or national security information, and shall be 
     binding upon, and unreviewable by, any court exercising 
     jurisdiction under the immigration laws over any application 
     for naturalization, regardless whether such jurisdiction to 
     review a decision or action of the Secretary is de novo or 
     otherwise.''.
       (2) Concurrent naturalization and removal proceedings.--The 
     last sentence of section 318 of such Act (8 U.S.C. 1429) is 
     amended--
       (A) by striking ``shall be considered by the Attorney 
     General'' and inserting ``shall be considered by the 
     Secretary of Homeland Security or any court'';
       (B) by striking ``pursuant to a warrant of arrest issued 
     under the provisions of this or any other Act:'' and 
     inserting ``or other proceeding to determine the applicants 
     inadmissibility or deportability, or to determine whether the 
     applicants lawful permanent resident status should be 
     rescinded, regardless of when such proceeding was 
     commenced:''; and
       (C) by striking ``upon the Attorney General'' and inserting 
     ``upon the Secretary of Homeland Security''.
       (3) Pending denaturalization or removal proceedings.--
     Section 204(b) of such Act (8 U.S.C. 1154(b)) is amended by 
     adding at the end ``No petition shall be approved pursuant to 
     this section if there is any administrative or judicial 
     proceeding (whether civil or criminal) pending against the 
     petitioner that could (whether directly or indirectly) result 
     in the petitioner's denaturalization or the loss of the 
     petitioner's lawful permanent resident status.''.
       (4) Conditional permanent residents.--Section 216(e) of 
     such Act (8 U.S.C. 1186a(e)) and section 216A(e) of such Act 
     (8 U.S.C. 1186b(e)) are each amended by inserting before the 
     period at the end of each such section ``, if the alien has 
     had the conditional basis removed under this section''.
       (5) District court jurisdiction.--Section 336(b) of such 
     Act (8 U.S.C. 1447(b)) is amended to read as follows:
       ``(b) If there is a failure to render a final 
     administrative decision under section 335 before the end of 
     the 180-day period after the date on which the Secretary of 
     Homeland Security completes all examinations and interviews 
     conducted under such section (as such terms are defined in 
     regulations issued by the Secretary), the applicant may apply 
     to the district court for the district in which the applicant 
     resides for a hearing on the matter. Such court shall only 
     have jurisdiction to review the basis for delay and remand 
     the matter to the Secretary for the Secretary's determination 
     on the application.''.
       (6) Conforming amendments.--Section 310(c) of such Act (8 
     U.S.C. 1421(c)) is amended--
       (A) by inserting ``, not later than 120 days after the date 
     of the Secretary's final determination'' before ``seek''; and
       (B) by striking the second sentence and inserting ``The 
     burden shall be upon the petitioner to show that the 
     Secretary's denial of the application was not supported by 
     facially legitimate and bona fide reasons. Except in a 
     proceeding under section 340, notwithstanding any other 
     provision of law, including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, no court shall have 
     jurisdiction to determine, or to review a determination of 
     the Secretary made at any time regarding, for purposes of an 
     application for naturalization, whether an alien is a person 
     of good moral character, whether an alien understands and is 
     attached to the principles of the Constitution of the United 
     States, or whether an alien is well disposed to the good 
     order and happiness of the United States.''.
       (7) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act, 
     shall apply to any act that occurred before, on, or after 
     such date, and shall apply to any application for 
     naturalization or any other case or matter under the 
     immigration laws pending on, or filed on or after, such date.
       (b) Bar to Good Moral Character.--
       (1) In general.--Section 101(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(f)) is amended--
       (A) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) one who the Secretary of Homeland Security or the 
     Attorney General determines, in the unreviewable discretion 
     of the Secretary or the Attorney General, to have been at any 
     time an alien described in section 212(a)(3) or section 
     237(a)(4), which determination may be based upon any relevant 
     information or evidence, including classified, sensitive, or 
     national security information, and which shall be binding 
     upon any court regardless of the applicable standard of 
     review;'';
       (B) in paragraph (8), by inserting ``, regardless whether 
     the crime was classified as an aggravated felony at the time 
     of conviction'' after ``(as defined in subsection (a)(43))''; 
     and
       (C) by striking the first sentence in the undesignated 
     paragraph following paragraph (9) and inserting ``The fact 
     that any person is not within any of the foregoing classes 
     shall not preclude a discretionary finding for other reasons 
     that such a person is or was not of good moral character. The 
     Secretary and the Attorney General shall not be limited to 
     the applicant's conduct during the period for which good 
     moral character is required, but may take into consideration 
     as a basis for determination the applicant's conduct and acts 
     at any time.''.
       (2) Aggravated felony effective date.--Section 509(b) of 
     the Immigration Act of 1990 (Public Law 101-649), as amended 
     by section 306(a)(7) of the Miscellaneous and Technical

[[Page 4823]]

     Immigration and Naturalization Amendments of 1991 (Public Law 
     102-232)), is amended to read as follows:
       ``(b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on November 29, 1990, and shall apply to 
     convictions occurring before, on, or after such date.''.
       (3) Technical correction to the intelligence reform act.--
     Section 5504(2) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3741) 
     is amended by striking ``adding at the end'' and inserting 
     ``inserting after paragraph (8) and before the undesignated 
     paragraph at the end''.
       (4) Effective dates.--
       (A) In general.--The amendments made by paragraphs (1) and 
     (2) shall take effect on the date of the enactment of this 
     Act, shall apply to any act that occurred before, on, or 
     after such date, and shall apply to any application for 
     naturalization or any other benefit or relief or any other 
     case or matter under the immigration laws pending on, or 
     filed on or after, such date; or
       (B) Intelligence reform and terrorism prevention act of 
     2004.--The amendments made by paragraph (3) shall take effect 
     as if included in the enactment of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 
     Stat. 3638).

     SEC. 306. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

       (a) In General.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 219A. PROHIBITION ON PROVIDING IMMIGRATION BENEFITS TO 
                   CERTAIN ALIENS.

       ``Nothing in this Act or any other provision of law shall 
     permit the Secretary of Homeland Security, the Attorney 
     General, the Secretary of State, the Secretary of Labor, or 
     any other authorized head of any 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 subparagraphs (A)(i), 
     (A)(iii), (B), or (F) of sections 212(a)(3) or subparagraphs 
     (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) Inadmissibility on Security and Related Grounds.--
     Section 212(a)(3)(B)(ii)(I) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)(I)) is amended by 
     inserting ``is able to demonstrate, by clear and convincing 
     evidence, that such spouse or child'' after ``who''.

     SEC. 307. REPEAL OF ADJUSTMENT OF STATUS OF CERTAIN ALIENS 
                   PHYSICALLY PRESENT IN UNITED STATES UNDER 
                   SECTION 245(I).

       Section 245(i) of the Immigration and Nationality Act (8 
     U.S.C. 1255(i)) is repealed.

     SEC. 308. GROUNDS OF INADMISSIBILITY AND REMOVABILITY FOR 
                   PERSECUTORS.

       (a) General Classes of Aliens Ineligible To Receive Visas 
     and Ineligible for Admission.--
       (1) Persecution.--Section 212(a)(3)(E) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
       (A) in the header, by striking ``Nazi''; and
       (B) by inserting after clause (iii) the following new 
     clause:
       ``(iv) Participation in other persecution.--Any alien who 
     ordered, incited, assisted, or otherwise participated in the 
     persecution of any person on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion is inadmissible.''.
       (2) Recommendations by consular officers.--Section 
     212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1182(d)(3)(A)) by striking ``and clauses (i) and (ii) of 
     paragraph (3)(E)'' both places it appears and inserting ``or 
     3(E)''.
       (b) General Classes of Deportable Aliens.--Section 
     237(a)(4)(D) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(4)(D)) is amended--
       (1) in the header, by striking ``Nazi''; and
       (2) by striking ``or (iii)'' and inserting ``(iii), or 
     (iv)''.
       (c) Bar to Good Moral Character.--Section 101(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(f)) is 
     amended--
       (1) in paragraph (8), by striking ``or'';
       (2) in paragraph (9), as added by section 5504(2) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 118 Stat. 3741), as amended by section 
     305(b)(3) of this Act, by striking the period at the end and 
     inserting a semicolon and ``or''; and
       (3) inserting after paragraph (9), as added by section 
     5504(2) of the Intelligence Reform and Terrorism Prevention 
     Act of 2004 (Public Law 108-458; 118 Stat. 3741), as amended 
     by section 305(b)(3) of this Act, and before the undesignated 
     paragraph at the end the following new paragraph:
       ``(10) one who at any time has ordered, incited, assisted, 
     or otherwise participated in the persecution of any person on 
     account of race, religion, nationality, membership in a 
     particular social group, or political opinion.''.
       (d) Voluntary Departure.--Section 240B of the Immigration 
     and Nationality Act (8 U.S.C. 1229c) is amended--
       (1) in subsection (a)(1), by striking ``deportable under 
     section 237(a)(2)(A)(iii) or section 237(a)(4)(B)'' and 
     inserting ``removable under section 237(a)(2)(A)(iii), 
     subparagraph (B) or (D) or section 237(a)(4), or section 
     212(a)(3)(E).''; and
       (2) in subsection (b)(1)(C), by striking ``deportable under 
     section 237(a)(2)(A)(iii) or section 237(a)(4)(B)'' and 
     inserting ``removable under section 237(a)(2)(A)(iii), 
     subparagraph (B) or (D) of section 237(a)(4), or section 
     212(a)(3)(E).''.
       (e) Aiding or Assisting Certain Aliens To Enter the United 
     States.--Section 277 of such Act (8 U.S.C. 1327) is amended 
     by striking ``or 212(a)(3) (other than subparagraph (E) 
     thereof)'' and inserting ``, section 212(a)(3)''.

     SEC. 309. TECHNICAL CORRECTIONS TO SEVIS REPORTING 
                   REQUIREMENTS.

       (a) Program To Collect Information Relating to Nonimmigrant 
     Foreign Students.--
       (1) In general.--Section 641(a)(4) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1372(a)(4)) is amended--
       (A) by striking ``Not later than 30 days after the deadline 
     for registering for classes for an academic term'' and 
     inserting ``Not later than the program start date (for new 
     students) or the next session start date (for continuing 
     students) of an academic term''; and
       (B) by striking ``shall report to the Immigration and 
     Naturalization Service any failure of the alien to enroll or 
     to commence participation.'' and inserting ``shall report to 
     the Secretary of Homeland Security any failure to enroll or 
     to commence participation by the program start date or next 
     session start date, as applicable.''.
       (2) Technical and conforming amendments.--
       (A) Authority of the secretary of homeland security.--
     Except as provided in subparagraph (B), section 641 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1372) is amended by striking ``Attorney 
     General'' each place that term appears and inserting 
     ``Secretary of Homeland Security''.
       (B) Exceptions.--Section 641 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1372) is amended--
       (i) in subsections (b), (c)(4)(A), (c)(4)(B), (e)(1), 
     (e)(6), and (g) by inserting ``Secretary of Homeland Security 
     or the'' before ``Attorney General'' each place that term 
     appears;
       (ii) by striking the heading of section (c)(4)(B) and 
     inserting ``Secretary of homeland security and attorney 
     general''; and
       (iii) in subsection (f), by inserting ``the Secretary of 
     Homeland Security,'' before ``the Attorney General''.
       (b) Clarification of Release of Information.--Section 641 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1372), as amended by 
     subsection (a), is further amended--
       (1) in subsection (c)(1)--
       (A) in subparagraph (G), by striking ``and'' at the end;
       (B) in subparagraph (H), by striking the period and 
     inserting a semicolon and ``and''; and
       (C) by adding at the end the following new subparagraph:
       ``(I) any other information the Secretary of Homeland 
     Security determines is necessary.''; and
       (2) in subsection (c)(2), by adding at the end ``Approved 
     institutions of higher education or other approved 
     educational institutions shall release information regarding 
     alien students referred to in this section to the Secretary 
     of Homeland Security as part of such information collection 
     program or upon request.''.

      TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY

                         Subtitle A--In General

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Employment Security Act of 
     2006''.

     SEC. 402. FINDINGS.

       Congress makes the following findings:
       (1) The failure of Federal, State, and local governments to 
     control and sanction the unauthorized employment and unlawful 
     exploitation of illegal alien workers is a primary cause of 
     illegal immigration.
       (2) The use of modern technology not available in 1986, 
     when the Immigration Reform and Control Act of 1986 (Public 
     Law 99-603; 100 Stat. 3359) created the I-9 worker 
     verification system, will enable employers to rapidly and 
     accurately verify the identity and work authorization of 
     their employees and independent contractors.
       (3) The Government and people of the United States share a 
     compelling interest in protection of United States employment 
     authorization, income tax withholding, and social security 
     accounting systems, against unauthorized access by illegal 
     aliens.

[[Page 4824]]

       (4) Limited data sharing between the Department of Homeland 
     Security, the Internal Revenue Service, and the Social 
     Security Administration is essential to the integrity of 
     these vital programs, which protect the employment and 
     retirement security of all working Americans.
       (5) The Federal judiciary must be open to private United 
     States citizens, legal foreign workers, and law-abiding 
     enterprises that seek judicial protection against injury to 
     their wages and working conditions due to unlawful employment 
     of illegal alien workers and the United States enterprises 
     that utilize the labor or services provided by illegal 
     aliens, especially where lack of resources constrains 
     enforcement of Federal immigration law by Federal immigration 
     officials.

         Subtitle B--Employment Eligibility Verification System

     SEC. 411. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

       (a) In General.--Section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)) is amended by adding at 
     the end the following:
       ``(7) Employment eligibility verification system.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish and administer a verification system, known as the 
     Employment Eligibility Verification System, through which the 
     Secretary--
       ``(i) responds to inquiries made by persons at any time 
     through a toll-free telephone line and other toll-free 
     electronic media concerning an individual's identity and 
     whether the individual is authorized to be employed; and
       ``(ii) maintains records of the inquiries that were made, 
     of verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(B) Initial response.--The verification system shall 
     provide verification or a tentative nonverification of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     verification or tentative nonveri-
     fication, the verification system shall provide an 
     appropriate code indicating such verification or such 
     nonverification.
       ``(C) Secondary verification process in case of tentative 
     nonverification.--In cases of tentative nonverification, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final verification or 
     nonverification within 10 working days after the date of the 
     tentative nonverification. When final verification or 
     nonverification is provided, the verification system shall 
     provide an appropriate code indicating such verification or 
     nonverification.
       ``(D) Design and operation of system.--The verification 
     system shall be designed and operated--
       ``(i) to maximize its reliability and ease of use by 
     persons and other entities consistent with insulating and 
     protecting the privacy and security of the underlying 
     information;
       ``(ii) to respond to all inquiries made by such persons and 
     entities on whether individuals are authorized to be employed 
     and to register all times when such inquiries are not 
     received;
       ``(iii) with appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information; and
       ``(iv) to have reasonable safeguards against the system's 
     resulting in unlawful discriminatory practices based on 
     national origin or citizenship status, including--

       ``(I) the selective or unauthorized use of the system to 
     verify eligibility;
       ``(II) the use of the system prior to an offer of 
     employment; or
       ``(III) the exclusion of certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants.

       ``(E) Responsibilities of the commissioner of social 
     security.--As part of the verification system, the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Homeland Security (and any designee of the 
     Secretary selected to establish and administer the 
     verification system), shall establish a reliable, secure 
     method, which, within the time periods specified under 
     subparagraphs (B) and (C), compares the name and social 
     security account number provided in an inquiry against such 
     information maintained by the Commissioner in order to 
     validate (or not validate) the information provided regarding 
     an individual whose identity and employment eligibility must 
     be confirmed, the correspondence of the name and number, and 
     whether the individual has presented a social security 
     account number that is not valid for employment. The 
     Commissioner shall not disclose or release social security 
     information (other than such verification or nonverification) 
     except as provided for in this section or section 
     205(c)(2)(I) of the Social Security Act.
       ``(F) Responsibilities of the secretary of homeland 
     security.--(i) As part of the verification system, the 
     Secretary of Homeland Security (in consultation with any 
     designee of the Secretary selected to establish and 
     administer the verification system), shall establish a 
     reliable, secure method, which, within the time periods 
     specified under subparagraphs (B) and (C), compares the name 
     and alien identification or authorization number which are 
     provided in an inquiry against such information maintained by 
     the Secretary in order to validate (or not validate) the 
     information provided, the correspondence of the name and 
     number, and whether the alien is authorized to be employed in 
     the United States.
       ``(ii) When a single employer has submitted to the 
     verification system pursuant to paragraph (3)(A) the 
     identical social security account number in more than one 
     instance, or when multiple employers have submitted to the 
     verification system pursuant to such paragraph the identical 
     social security account number, in a manner which indicates 
     the possible fraudulent use of that number, the Secretary of 
     Homeland Security shall conduct an investigation, within the 
     time periods specified in subparagraphs (B) and (C), in order 
     to ensure that no fraudulent use of a social security account 
     number has taken place. If the Secretary has selected a 
     designee to establish and administer the verification system, 
     the designee shall notify the Secretary when a single 
     employer has submitted to the verification system pursuant to 
     paragraph (3)(A) the identical social security account number 
     in more than one instance, or when multiple employers have 
     submitted to the verification system pursuant to such 
     paragraph the identical social security account number, in a 
     manner which indicates the possible fraudulent use of that 
     number. The designee shall also provide the Secretary with 
     all pertinent information, including the name and address of 
     the employer or employers who submitted the relevant social 
     security account number, the relevant social security account 
     number submitted by the employer or employers, and the 
     relevant name and date of birth of the employee submitted by 
     the employer or employers.
       ``(G) Updating information.--The Commissioner of Social 
     Security and the Secretary of Homeland Security shall update 
     their information in a manner that promotes maximum accuracy 
     and shall provide a process for the prompt correction of 
     erroneous information, including instances in which it is 
     brought to their attention in the secondary verification 
     process described in subparagraph (C).
       ``(H) Limitation on use of the verification system and any 
     related systems.--Notwithstanding any other provision of law, 
     nothing in this subsection shall be construed to permit or 
     allow any department, bureau, or other agency of the United 
     States Government to utilize any information, database, or 
     other records assembled under this subsection for any purpose 
     other than the enforcement and administration of the 
     immigration laws, the Social Security Act, or any provision 
     of Federal criminal law.
       ``(I) Federal tort claims act.--If an individual alleges 
     that the individual would not have been dismissed from a job 
     but for an error of the verification mechanism, the 
     individual may seek compensation only through the mechanism 
     of the Federal Tort Claims Act, and injunctive relief to 
     correct such error. No class action may be brought under this 
     subparagraph.
       ``(J) Protection from liability for actions taken on the 
     basis of information.--No person or entity shall be civilly 
     or criminally liable for any action taken in good faith 
     reliance on information provided through the employment 
     eligibility verifi-
     cation mechanism established under this paragraph.''.
       (b) Repeal of Provision Relating to Evaluations and Changes 
     in Employment Verification.--Section 274A(d) (8 U.S.C. 
     1324a(d)) is repealed.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 2 years after the date of the enactment of 
     this Act.

     SEC. 412. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

       (a) In General.--Section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a) is amended--
       (1) in subsection (a)(3), by inserting ``(A)'' after 
     ``Defense.--'', and by adding at the end the following:
       ``(B) Failure to seek and obtain verification.--In the case 
     of a person or entity in the United States that hires, or 
     continues to employ, an individual, or recruits or refers an 
     individual for employment, the following requirements apply:
       ``(i) Failure to seek verification.--
       ``(I) In general.--If the person or entity has not made an 
     inquiry, under the mechanism established under subsection 
     (b)(7), seeking verification of the identity and work 
     eligibility of the individual, by not later than the end of 3 
     working days (as specified by the Secretary of Homeland 
     Security) after the date of the hiring, the date specified in 
     subsection (b)(8)(B) for previously hired individuals, or 
     before the recruiting or referring commences, the defense 
     under subparagraph (A) shall not be considered to apply with 
     respect to any employment, except as provided in subclause 
     (II).
       ``(II) Special rule for failure of verification 
     mechanism.--If such a person or

[[Page 4825]]

     entity in good faith attempts to make an inquiry in order to 
     qualify for the defense under subparagraph (A) and the 
     verification mechanism has registered that not all inquiries 
     were responded to during the relevant time, the person or 
     entity can make an inquiry until the end of the first 
     subsequent working day in which the verification mechanism 
     registers no nonresponses and qualify for such defense.
       ``(ii) Failure to obtain verification.--If the person or 
     entity has made the inquiry described in clause (i)(I) but 
     has not received an appropriate verification of such identity 
     and work eligibility under such mechanism within the time 
     period specified under subsection (b)(7)(B) after the time 
     the verification inquiry was received, the defense under 
     subparagraph (A) shall not be considered to apply with 
     respect to any employment after the end of such time 
     period.'';
       (2) by amending subparagraph (A) of subsection (b)(1) to 
     read as follows:
       ``(A) In general.--The person or entity must attest, under 
     penalty of perjury and on a form designated or established by 
     the Secretary by regulation, that it has verified that the 
     individual is not an unauthorized alien by--
       ``(i) obtaining from the individual the individual's social 
     security account number and recording the number on the form 
     (if the individual claims to have been issued such a number), 
     and, if the individual does not attest to United States 
     citizenship under paragraph (2), obtaining such 
     identification or authorization number established by the 
     Department of Homeland Security for the alien as the 
     Secretary of Homeland Security may specify, and recording 
     such number on the form; and
       ``(ii)(I) examining a document described in subparagraph 
     (B); or
       ``(II) examining a document described in subparagraph (C) 
     and a document described in subparagraph (D).
     A person or entity has complied with the requirement of this 
     paragraph with respect to examination of a document if the 
     document reasonably appears on its face to be genuine, 
     reasonably appears to pertain to the individual whose 
     identity and work eligibility is being verified, and, if the 
     document bears an expiration date, that expiration date has 
     not elapsed. If an individual provides a document (or 
     combination of documents) that reasonably appears on its face 
     to be genuine, reasonably appears to pertain to the 
     individual whose identity and work eligibility is being 
     verified, and is sufficient to meet the first sentence of 
     this paragraph, nothing in this paragraph shall be construed 
     as requiring the person or entity to solicit the production 
     of any other document or as requiring the individual to 
     produce another document.'';
       (3) in subsection (b)(1)(D)--
       (A) in clause (i), by striking ``or such other personal 
     identification information relating to the individual as the 
     Attorney General finds, by regulation, sufficient for 
     purposes of this section''; and
       (B) in clause (ii), by inserting before the period ``and 
     that contains a photograph of the individual'';
       (4) in subsection (b)(2), by adding at the end the 
     following: ``The individual must also provide that 
     individual's social security account number (if the 
     individual claims to have been issued such a number), and, if 
     the individual does not attest to United States citizenship 
     under this paragraph, such identification or authorization 
     number established by the Department of Homeland Security for 
     the alien as the Secretary may specify.'';
       (5) by amending paragraph (3) of subsection (b) to read as 
     follows:
       ``(3) Retention of verification form and verification.--
       ``(A) In general.--After completion of such form in 
     accordance with paragraphs (1) and (2), the person or entity 
     shall--
       ``(i) retain a paper, microfiche, microfilm, or electronic 
     version of the form and make it available for inspection by 
     officers of the Department of Homeland Security, the Special 
     Counsel for Immigration-Related Unfair Employment Practices, 
     or the Department of Labor during a period beginning on the 
     date of the hiring, recruiting, or referral of the individual 
     or the date of the completion of verification of a previously 
     hired individual and ending--

       ``(I) in the case of the recruiting or referral of an 
     individual, three years after the date of the recruiting or 
     referral;
       ``(II) in the case of the hiring of an individual, the 
     later of--

       ``(aa) three years after the date of such hiring; or
       ``(bb) one year after the date the individual's employment 
     is terminated; and

       ``(III) in the case of the verification of a previously 
     hired individual, the later of--

       ``(aa) three years after the date of the completion of 
     verification; or
       ``(bb) one year after the date the individual's employment 
     is terminated;
       ``(ii) make an inquiry, as provided in paragraph (7), using 
     the verification system to seek verification of the identity 
     and employment eligibility of an individual, by not later 
     than the end of 3 working days (as specified by the Secretary 
     of Homeland Security) after the date of the hiring or in the 
     case of previously hired individuals, the date specified in 
     subsection (b)(8)(B), or before the recruiting or referring 
     commences; and
       ``(iii) not commence recruitment or referral of the 
     individual until the person or entity receives verification 
     under subparagraph (B)(i) or (B)(iii).
       ``(B) Verification.--
       ``(i) Verification received.--If the person or other entity 
     receives an appropriate verification of an individual's 
     identity and work eligibility under the verification system 
     within the time period specified, the person or entity shall 
     record on the form an appropriate code that is provided under 
     the system and that indicates a final verification of such 
     identity and work eligibility of the individual.
       ``(ii) Tentative nonverification received.--If the person 
     or other entity receives a tentative nonverification of an 
     individual's identity or work eligibility under the 
     verification system within the time period specified, the 
     person or entity shall so inform the individual for whom the 
     verification is sought. If the individual does not contest 
     the nonverification within the time period specified, the 
     nonverification shall be considered final. The person or 
     entity shall then record on the form an appropriate code 
     which has been provided under the system to indicate a 
     tentative nonverification. If the individual does contest the 
     nonverification, the individual shall utilize the process for 
     secondary verification provided under paragraph (7). The 
     nonverification will remain tentative until a final 
     verification or nonverification is provided by the 
     verification system within the time period specified. In no 
     case shall an employer terminate employment of an individual 
     because of a failure of the individual to have identity and 
     work eligibility confirmed under this section until a 
     nonverification becomes final. Nothing in this clause shall 
     apply to a termination of employment for any reason other 
     than because of such a failure.
       ``(iii) Final verification or nonveri-
     fication received.--If a final veri-
     fication or nonverification is provided by the verification 
     system regarding an individual, the person or entity shall 
     record on the form an appropriate code that is provided under 
     the system and that indicates a verification or 
     nonverification of identity and work eligibility of the 
     individual.
       ``(iv) Extension of time.--If the person or other entity in 
     good faith attempts to make an inquiry during the time period 
     specified and the verification system has registered that not 
     all inquiries were received during such time, the person or 
     entity may make an inquiry in the first subsequent working 
     day in which the verification system registers that it has 
     received all inquiries. If the verification system cannot 
     receive inquiries at all times during a day, the person or 
     entity merely has to assert that the entity attempted to make 
     the inquiry on that day for the previous sentence to apply to 
     such an inquiry, and does not have to provide any additional 
     proof concerning such inquiry.
       ``(v) Consequences of nonverification.--

       ``(I) Termination or notification of continued 
     employment.--If the person or other entity has received a 
     final nonverification regarding an individual, the person or 
     entity may terminate employment of the individual (or decline 
     to recruit or refer the individual). If the person or entity 
     does not terminate employment of the individual or proceeds 
     to recruit or refer the individual, the person or entity 
     shall notify the Secretary of Homeland Security of such fact 
     through the verification system or in such other manner as 
     the Secretary may specify.
       ``(II) Failure to notify.--If the person or entity fails to 
     provide notice with respect to an individual as required 
     under subclause (I), the failure is deemed to constitute a 
     violation of subsection (a)(1)(A) with respect to that 
     individual.

       ``(vi) Continued employment after final nonverification.--
     If the person or other entity continues to employ (or to 
     recruit or refer) an individual after receiving final 
     nonverification, a rebuttable presumption is created that the 
     person or entity has violated subsection (a)(1)(A).'';
       (6) by amending paragraph (4) of subsection (b) to read as 
     follows:
       ``(4) Copying and record keeping of documentation 
     required.--
       ``(A) Lawful employment documents.--Notwithstanding any 
     other provision of law, a person or entity shall retain a 
     copy of each document presented by an individual to the 
     individual or entity pursuant to this subsection. Such copy 
     may only be used (except as otherwise permitted under law) 
     for the purposes of complying with the requirements of this 
     subsection and shall be maintained for a time period to be 
     determined by the Secretary of Homeland Security.
       ``(B) Social security correspondence.--A person or entity 
     shall maintain records of correspondence from the 
     Commissioner of Social Security regarding name and number 
     mismatches or no-matches and the steps taken to resolve such 
     mismatches or no-matches. The employer shall maintain such 
     records for a time period to be determined by the Secretary.
       ``(C) Other documents.--The Secretary may, by regulation, 
     require additional documents to be copied and maintained.''; 
     and
       (7) by amending paragraph (5) of subsection (b) to read as 
     follows:

[[Page 4826]]

       ``(5) Use of attestation form.--A form designated by the 
     Secretary to be used for compliance with this subsection, and 
     any information contained in or appended to such form, may 
     not be used for purposes other than for enforcement of this 
     chapter or of title 18, United States Code.''.
       (b) Investigation Not a Warrantless Entry.--Section 287(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1357(e)) is 
     amended by adding at the end the following: ``An 
     investigation authorized pursuant to subsections (b)(7) or 
     (e) of section 274A is not a warrantless entry.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 2 years after the date of the enactment of 
     this Act.

     SEC. 413. EXPANSION OF EMPLOYMENT ELIGIBILITY VERIFICATION 
                   SYSTEM TO PREVIOUSLY HIRED INDIVIDUALS AND 
                   RECRUITING AND REFERRING.

       (a) Application to Recruiting and Referring.--Section 274A 
     of the Immigration and Nationality Act (8 U.S.C. 1324a) is 
     amended--
       (1) in subsection (a)(1)(A), by striking ``for a fee'';
       (2) in subsection (a)(1), by amending subparagraph (B) to 
     read as follows:
       ``(B) to hire, continue to employ, or to recruit or refer 
     for employment in the United States an individual without 
     complying with the requirements of subsection (b).'';
       (3) in subsection (a)(2) by striking ``after hiring an 
     alien for employment in accordance with paragraph (1),'' and 
     inserting ``after complying with paragraph (1),''; and
       (4) in subsection (a)(3), as amended by section 702, is 
     further amended by striking ``hiring,'' and inserting 
     ``hiring, employing,'' each place it appears.
       (b) Employment Eligibility Verification for Previously 
     Hired Individuals.--Section 274A(b) of such Act (8 U.S.C. 
     1324a(b)), as amended by section 411(a), is amended by adding 
     at the end the following new paragraph:
       ``(8) Use of employment eligibility verification system for 
     previously hired individuals.--
       ``(A) On a voluntary basis.--Beginning on the date that is 
     2 years after the date of the enactment of the Employment 
     Security Act of 2006 and until the date specified in 
     subparagraph (B)(iii), a person or entity may make an 
     inquiry, as provided in paragraph (7), using the verification 
     system to seek verification of the identity and employment 
     eligibility of any individual employed by the person or 
     entity, as long as it is done on a nondiscriminatory basis.
       ``(B) On a mandatory basis.--
       ``(i) Initial compliance.--A person or entity described in 
     clause (ii) shall make an inquiry as provided in paragraph 
     (7), using the verification system to seek verification of 
     the identity and employment eligibility of all individuals 
     employed by the person or entity who have not been previously 
     subject to an inquiry by the person or entity by the date 3 
     years after the date of the enactment of the Employment 
     Security Act of 2006.
       ``(ii) Person or entity covered.--A person or entity is 
     described in this clause if it is a Federal, State, or local 
     governmental body (including the Armed Forces of the United 
     States), or if it employs individuals working in a location 
     that is a Federal, State, or local government building, a 
     military base, a nuclear energy site, a weapon site, an 
     airport, or that contains critical infrastructure (as defined 
     in section 1016(e) of the Critical Infrastructure Protection 
     Act of 2001 (42 U.S.C. 5195c(e))), but only to the extent of 
     such individuals.
       ``(iii) Subsequent compliance.--All persons and entities 
     other than a person or entity described in clause (ii) shall 
     make an inquiry, as provided in paragraph (7), using the 
     verification system to seek verification of the identity and 
     employment eligibility of all individuals employed by the 
     person or entity that have not been previously subject to an 
     inquiry by the person or entity by the date 6 years after the 
     date of the enactment of the Employment Security Act of 
     2006.''.

     SEC. 414. EXTENSION OF PREEMPTION TO REQUIRED CONSTRUCTION OF 
                   DAY LABORER SHELTERS.

       Paragraph 274A(h)(2) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(2)) is amended--
       (1) by striking ``imposing'', and inserting a dash and 
     ``(A) imposing'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(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.''.

     SEC. 415. BASIC PILOT PROGRAM.

       Section 401(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is 
     amended by striking ``at the end of the 11-year period 
     beginning on the first day the pilot program is in effect'' 
     and inserting ``2 years after the date of the enactment of 
     the Employment Security Act of 2006''.

     SEC. 416. PROTECTION FOR UNITED STATES WORKERS AND 
                   INDIVIDUALS REPORTING IMMIGRATION LAW 
                   VIOLATIONS.

       Section 274B(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324b(a)) is amended by adding at the end the 
     following:
       ``(7) Protection of right to report.--Notwithstanding any 
     other provision of law, the rights protected by this 
     subsection include the right of any individual to report a 
     violation or suspected violation of any immigration law to 
     the Secretary of Homeland Security or a law enforcement 
     agency.''.

     SEC. 417. PENALTIES.

       (a) Civil and Criminal Penalties.--Section 274A(e)(4) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is 
     amended to read:
       ``(4) Civil and criminal penalties.--
       ``(A) Knowingly hiring unauthorized aliens.--Any person or 
     entity that violates subsection (a)(1)(A) shall--
       ``(i) in the case of a first offense, be fined $10,000 for 
     each unauthorized alien;
       ``(ii) (in the case of a second offense, be fined $50,000 
     for each unauthorized alien; and
       ``(iii) in the case of a third or subsequent offense, be 
     fined in accordance with title 18, United States Code, 
     imprisoned not less than 1 year and not more than 3 years, or 
     both.
       ``(B) Continuing employment of unauthorized aliens.--Any 
     person or entity that violates subsection (a)(2) shall be 
     fined in accordance of title 18, United States Code, 
     imprisoned not less than 1 year and not more than 3 years, or 
     both.''.
       (b) Paperwork or Verification Violations.--Section 
     274A(e)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1324a) is amended to read:
       ``(5) Paperwork or verification violations.--Any person or 
     entity that violates subsection (a)(1)(B) shall--
       ``(A) in the case of a first offense, be fined $1,000 for 
     each violation;
       ``(B) in the case of a second violation, be fined $5,000 
     for each violation; and
       ``(C) in the case of a third and subsequent violation, be 
     fined $10,000 for each such violation.''.
       (c) Government Contracts.--Section 274A(e) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(e)) is 
     amended by adding at the end the following new paragraph:
       ``(10) Government contracts.--
       ``(A) Employers.--
       ``(i) In general.--If the Secretary of Homeland Secretary 
     determines that a person or entity that employs an alien is a 
     repeat violator of this section or is convicted of a crime 
     under this section, such person or entity shall be debarred 
     from the receipt of a Federal contract, grant, or cooperative 
     agreement for a period of 2 years. The Secretary of Homeland 
     Security 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 2-year period.
       ``(ii) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary of Homeland Security and 
     Attorney General, may waive the application of this 
     subparagraph or may limit the duration or scope of the 
     debarment imposed under it.
       ``(iii) Prohibition on judicial review.--Any proposed 
     debarment that is predicated on an administrative 
     determination of liability for civil penalty by the Secretary 
     of Homeland Security or the Attorney General may not be 
     reviewable in any debarment proceeding. The decision of 
     whether to debar or take alternation may not be reviewed by 
     any court.
       ``(B) Contractors and recipients.--
       ``(i) In general.--If the Secretary of Homeland Security 
     determines that a person or entity that employs an alien and 
     holds a Federal contract, grant, or cooperative agreement is 
     a repeat violator of this section or is convicted of a crime 
     under this section, such person or entity shall be debarred 
     from the receipt of a Federal contract, grant, or cooperative 
     agreement for a period of 2 years. Prior to debarring the 
     employer, the Secretary of Homeland Security, in cooperation 
     with the Administrator of General Services, shall advise the 
     head of each agency holding such a contract, grant, or 
     cooperative agreement with person or entity 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.
       ``(ii) Waiver.--After consideration of the views of the 
     head of each such agency, the Secretary of Homeland Security 
     may, in lieu of debarring the employer from the receipt of 
     new a Federal contract, grant, or cooperative agreement for a 
     period of 2 years, waive application of this subparagraph, 
     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.
       ``(iii) Prohibition on review.--Any proposed debarment that 
     is predicated on an administrative determination of liability 
     for civil penalty by the Secretary of Homeland Security or 
     the Attorney General may not be reviewable in any debarment 
     proceeding. The decision of whether to debar or take 
     alternation may not be reviewed by any court.

[[Page 4827]]

       ``(C) Cause for suspension.--Indictments for violations of 
     this section or adequate evidence of actions that could form 
     the basis for debarment under this paragraph shall be 
     considered a cause for suspension under the procedures and 
     standards for suspension prescribed by the Federal 
     Acquisition Regulation.
       ``(D) Applicability.--The provisions of this paragraph 
     shall apply to any Federal contract, grant, or cooperative 
     agreement that is effective on or after the date of the 
     enactment of the Employment Security Act of 2006.''.
       (d) Criminal Penalties for Pattern or Practice 
     Violations.--Section 274A(f)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(f)(1)) is amended to read as 
     follows:
       ``(1) Criminal penalty.--Any person or entity engages in a 
     pattern or practice of violations of subsection (a)(1) or (2) 
     shall be fined not more than $50,000 for each unauthorized 
     alien with respect to which such a violation occurs, 
     imprisoned for not less than 3 years and not more than 5 
     years, or both, notwithstanding the provisions of any other 
     Federal law relating to fine levels. The amount of the gross 
     proceeds of such violation, and any property traceable to 
     such proceeds, shall be seized and subject to forfeiture 
     under title 18, United States Code.''.
       (e) Authority of the Secretary of Homeland Security.--
     Subsections (b)(2) and (f)(2) of section 274A of the 
     Immigration and Nationality Act (8 U.S.C. 1324a) are amended 
     by striking ``Attorney General'' each place it appears and 
     inserting ``Secretary of Homeland Security''.

Subtitle C--Work Eligibility Verification Reform in the Social Security 
                             Administration

     SEC. 421. VERIFICATION RESPONSIBILITIES OF THE COMMISSIONER 
                   OF SOCIAL SECURITY.

       The Commissioner of Social Security is authorized to 
     perform activities with respect to carrying out the 
     Commissioner's responsibilities in this title or the 
     amendments made by this title, however in no case shall funds 
     from the Federal Old-Age and Survivors Insurance Trust Fund 
     or the Federal Disability Insurance Trust Fund be used to 
     carry out such responsibilities.

     SEC. 422. NOTIFICATION BY COMMISSIONER OF FAILURE TO CORRECT 
                   SOCIAL SECURITY INFORMATION.

       The Commissioner of Social Security shall promptly notify 
     the Secretary of Homeland Security of the failure of any 
     individual to provide, upon any request of the Commissioner 
     made pursuant to section 205(c)(2) of the Social Security Act 
     (42 U.S.C. 405(c)(2)), evidence necessary, under such section 
     to--
       (1) establish the age, citizenship, immigration or work 
     eligibility status of the individual;
       (2) establish such individual's true identity; or
       (3) determine which (if any) social security account number 
     has previously been assigned to such individual.

     SEC. 423. RESTRICTION ON ACCESS AND USE.

       Section 205(c)(2) of the Social Security Act (42 U.S.C. 
     405(c)(2)) is amended by adding at the end the following new 
     subparagraph:
       ``(I)(i) Access to any information contained in the 
     Employment Eligibility Verification System established 
     section 274A(b)(7) of the Immigration and Nationality Act, 
     shall be prohibited for any purpose other than the 
     administration or enforcement of Federal immigration, social 
     security, and tax laws, any provision of title 18, United 
     States Code, or as otherwise authorized by Federal law.
       ``(ii) No person or entity may use the information in such 
     Employment Eligibility Verification System for any purpose 
     other than as permitted by Federal law.
       ``(iii) Whoever knowingly uses, discloses, publishes, or 
     permits the unauthorized use of information in such 
     Employment Eligibility Verification System in violation of 
     clause (i) or (ii) shall be fined not more than $10,000 per 
     individual injured by such violation. The Commissioner of 
     Social Security shall establish procedure to ensure that 60 
     percent of any fine imposed under this clause is awarded to 
     the individual injured by such violation.''.

     SEC. 424. SHARING OF INFORMATION WITH THE COMMISSIONER OF 
                   INTERNAL REVENUE SERVICE.

       Section 205(c)(2)(H) of the Social Security Act (42 U.S.C. 
     405(c)(2)(H)) is amended to read as follows:
       ``(H) The Commissioner of Social Security shall share with 
     the Secretary of the Treasury--
       ``(i) the information obtained by the Commissioner pursuant 
     to the second sentence of subparagraph (B)(ii) and to 
     subparagraph (C)(ii) for the purpose of administering those 
     sections of the Internal Revenue Code of 1986 that grant tax 
     benefits based on support or residence of children; and
       ``(ii) information relating to the detection of wages or 
     income from self-employment of unauthorized aliens (as 
     defined by section 274A of the Immigration and Nationality 
     Act (8 U.S.C. 1324a)), or the investigation of false 
     statements or fraud by such persons incident to the 
     administration of immigration, social security, or tax laws 
     of the United States.
     Information disclosed under this subparagraph shall be solely 
     for the use of the officers and employees to whom such 
     information is disclosed in such response or 
     investigation.''.

     SEC. 425. SHARING OF INFORMATION WITH THE SECRETARY OF 
                   HOMELAND SECURITY.

       (a) Amendment to the Social Security Act.--Section 
     205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), 
     as amended by section 423, is amended by adding at the end 
     the following new subparagraph:
       ``(J) Upon the issuance of a social security account number 
     under subparagraph (B) to any individual or the issuance of a 
     Social Security card under subparagraph (G) to any 
     individual, the Commissioner of social security shall 
     transmit to the Secretary of Homeland Security such 
     information received by the Commissioner in the individual's 
     application for such number or such card as the Secretary of 
     Homeland Security determines necessary and appropriate for 
     administration of the immigration laws of the United 
     States.''.
       (b) Amendments to the Immigration and Nationality Act.--
       (1) Forms and procedures.--Section 264(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended 
     to read as follows:
       ``(f) Notwithstanding any other provision of law (including 
     section 6103 of title 26, United States Code), the Secretary 
     of Homeland Security, Secretary of Labor and the Attorney 
     General are authorized to require any individual to provide 
     the individual's own social security account number for 
     purposes of inclusion in any record of the individual 
     maintained by any of any such Secretary or the Attorney 
     General, or for inclusion on any application, document, or 
     form provided under or required by the immigration laws.''.
       (2) Central file.--Section 290(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1360(c)) is amended by striking 
     paragraph (2) and inserting the following new paragraphs:
       ``(2) Notwithstanding any other provision of law (including 
     section 6103 of title 26, United States Code) if earnings are 
     reported on or after January 1, 1997, to the Commissioner of 
     Social Security on a social security account number issued to 
     an alien who is not authorized to work in the United States, 
     the Commissioner shall provide the Secretary of Homeland 
     Security with information regarding the name, date of birth, 
     and address of the alien, the name and address of the person 
     reporting the earnings, and the amount of the earnings. The 
     information shall be provided in an electronic form agreed 
     upon by the Commissioner and the Secretary.
       ``(3) Notwithstanding any other provision of law (including 
     section 6103 of title 26, United States Code), the 
     Commissioner of Social Security shall provide the Secretary 
     of Homeland Security information regarding the name, date of 
     birth, and address of an individual, as well as the name and 
     address of the person reporting the earnings, in any case 
     where a social security account number does not match the 
     name in the Social Security Administration record. The 
     information shall be provided in an electronic form agreed 
     upon by the Commissioner and the Secretary for the sole 
     purpose of enforcing the immigration laws. The Secretary, in 
     consultation with the Commissioner, may limit or modify these 
     requirements as appropriate to identify those cases posing 
     the highest possibility of fraudulent use of social security 
     account numbers related to violation of the immigration laws.
       ``(4) Notwithstanding any other provision of law (including 
     section 6103 of title 26, United States Code), the 
     Commissioner of Social Security shall provide the Secretary 
     of Homeland Security information regarding the name, date of 
     birth, and address of an individual, as well as the name and 
     address of the person reporting the earnings, in any case 
     where the individual has more than one person reporting 
     earnings for the individual during a single tax year and 
     where a social security number was used with multiple names. 
     The information shall be provided in an electronic form 
     agreed upon by the Commissioner and the Secretary for the 
     sole purpose of enforcing the immigration laws. The 
     Secretary, in consultation with the Commissioner, may limit 
     or modify these requirements as appropriate to identify those 
     cases posing the highest possibility of fraudulent use of 
     social security account numbers related to violation of the 
     immigration laws.
       ``(5)(A) The Commissioner of Social Security shall perform, 
     at the request of the Secretary of Homeland Security, any 
     search or manipulation of records held by the Commissioner, 
     so long as the Secretary certifies that the purpose of the 
     search or manipulation is to obtain information likely to 
     assist in identifying individuals (and their employers) who--
       ``(i) are using false names or social security numbers; who 
     are sharing among multiple individuals a single valid name 
     and social security number;
       ``(ii) are using the social security number of persons who 
     are deceased, too young to work or not authorized to work; or
       ``(iii) are otherwise engaged in a violation of the 
     immigration laws.
       ``(B) The Commissioner shall provide the results of such 
     search or manipulation to the Secretary, notwithstanding any 
     other provision of law (including section 6103 of title 26, 
     United States Code). The Secretary shall transfer to the 
     Commissioner the funds necessary to cover the additional cost 
     directly

[[Page 4828]]

     incurred by the Commissioner in carrying out the searches or 
     manipulations reported by the Secretary.''.

                   Subtitle D--Sharing of Information

     SEC. 431. SHARING OF INFORMATION WITH THE SECRETARY OF 
                   HOMELAND SECURITY AND THE COMMISSIONER OF 
                   SOCIAL SECURITY.

       (a) Amendment to the Internal Revenue Code of 1986.--
     Section 6103(i) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new paragraph:
       ``(9) Disclosure of information relating to violations of 
     federal immigration law.--
       ``(A) Upon receipt by the Secretary of the Treasury of a 
     written request, by the Secretary of Homeland Security or 
     Commissioner of Social Security, the Secretary of the 
     Treasury shall disclose return information to officers and 
     employees of the Department of Homeland Security and the 
     Social Security Administration who are personally and 
     directly engaged in--
       ``(i) preparation for any judicial or administrative civil 
     or criminal enforcement proceeding against an alien under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     other than the adjudication of any application for a change 
     in immigration status or other benefit by such alien, or
       ``(ii) preparation for a civil or criminal enforcement 
     proceeding against a citizen or national of the United States 
     under section 274, 274A, or 274C of the Immigration and 
     Nationality Act (8 U.S.C. 1324, 1324a, or 1324c), or
       ``(iii) any investigation which may result in the 
     proceedings enumerated in clauses (i) and (ii) above.
       ``(B) Limitation on use and retention of tax return 
     information.--
       ``(i) Information disclosed under this paragraph shall be 
     solely for the use of the officers and employees to whom such 
     information is disclosed in such response or investigation.
       ``(ii) Should the proceeding for which such information has 
     been disclosed not commence within 3 years after the date on 
     which the information has been disclosed by the Secretary, 
     the information shall be returned to the Secretary in its 
     entirety, and shall not be retained in any form by the 
     requestor, unless the taxpayer is notified in writing as to 
     the information that has been retained.''.
       (b) Amendment to the Immigration and Nationality Act.--
     Section 274A of the Immigration and Nationality Act (8 U.S.C. 
     1324a) is amended by adding at the end the following new 
     subsection:
       ``(i) No-Match Notice.--
       ``(1) No-match notice defined.--In this subsection, the 
     term `no-match notice' means a 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.
       ``(2) Provision of information.--
       ``(A) Requirement to provide.--Notwithstanding any other 
     provision of law (including section 6103 of title 26, United 
     States Code), the Commissioner shall provide the Secretary of 
     Homeland Security with information relating to employers who 
     have received no-match notices and, upon request, with such 
     additional information as the Secretary certifies is 
     necessary to administer or enforce the immigration laws.
       ``(B) Form of information.--The information shall be 
     provided in an electronic form agreed upon by the 
     Commissioner and the Secretary.
       ``(C) Use of information.--A no-match notice received by 
     the Secretary from the Commissioner may be used as evidence 
     in any civil or criminal proceeding.
       ``(3) Other authorities.--
       ``(A) Verification requirement.--The Secretary, in 
     consultation with the Commissioner, is authorized to 
     establish by regulation requirements for verifying the 
     identity and work authorization of an employee who is the 
     subject of a no-match notice.
       ``(B) Penalties.--The Secretary is authorized to establish 
     by regulation penalties for failure to comply with this 
     subsection.
       ``(C) Limitation on authorities.--This authority in this 
     subsection is provided in aid of the Secretary's authority to 
     administer and enforce the immigration laws, and nothing in 
     this subsection shall be construed to authorize the Secretary 
     to establish any regulation regarding the administration or 
     enforcement of laws otherwise relating to taxation or the 
     Social Security system.''.

             Subtitle E--Identification Document Integrity

     SEC. 441. CONSULAR IDENTIFICATION DOCUMENTS.

       (a) Acceptance of Foreign Identification Documents.--
       (1) In general.--Subject to paragraph (3), for purposes of 
     personal identification, no agency, commission, entity, or 
     agent of the executive or legislative branches of the Federal 
     Government may accept, acknowledge, recognize, or rely on any 
     identification document issued by the government of a foreign 
     country, unless otherwise mandated by Federal law.
       (2) Agent defined.--In this section, the term ``agent'' 
     shall include the following:
       (A) A Federal contractor or grantee.
       (B) An institution or entity exempted from Federal income 
     taxation under the Internal Revenue Code of 1986.
       (C) A financial institution required to ask for 
     identification under section 5318(l) of title 31, United 
     States Code.
       (3) Exceptions.--
       (A) In general.--An individual who is not a citizen or 
     national of the United States may present for purposes of 
     personal identification an official identification document 
     issued by the government of a foreign country or other 
     foreign identification document recognized pursuant to a 
     treaty entered into by the United States, if--
       (i) such individual simultaneously presents valid 
     verifiable documentation of lawful presence in the United 
     States issued by the appropriate agency of the Federal 
     Government;
       (ii) reporting a violation of law or seeking government 
     assistance in an emergency;
       (iii) the document presented is a passport issued to a 
     citizen or national of a country that participates in the 
     visa waiver program established under section 217 of the 
     Immigration and Nationality Act (8 U.S.C. 1187) by the 
     government of such country; or
       (iv) such use is expressly permitted another provision of 
     Federal law.
       (B) Nonapplication.--The provisions of paragraph (1) shall 
     not apply to--
       (i) inspections of alien applicants for admission to the 
     United States; or
       (ii) verification of personal identification of persons 
     outside the United States.
       (4) Listing of acceptable documents.--The Secretary of 
     Homeland Security shall issue and maintain an updated public 
     listing, compiled in consultation with the Secretary of 
     State, and including sample facsimiles, of all acceptable 
     Federal documents that satisfy the requirements of paragraph 
     (3)(A).
       (b) Establishment of Personal Identity.--Section 274C(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1324c(a)) is 
     amended--
       (1) in paragraph (5), by striking ``or'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting a comma and ``or''; and
       (3) by inserting after paragraph (6) the following new 
     paragraph:
       ``(7) to use to establish personal identity, before any 
     agent of the Federal Government, or before any agency of the 
     Federal Government or of a State or any political subdivision 
     therein, a travel or identification document issued by a 
     foreign government that is not accepted by the Secretary of 
     Homeland Security to establish personal identity for purposes 
     of admission to the United States at a port of entry, 
     except--
       ``(A) in the case of a person who is not a citizen of the 
     United States--
       ``(i) the person simultaneously presents valid verifiable 
     documentation of lawful presence in the United States issued 
     by an agency of the Federal Government;
       ``(ii) the person is reporting a violation of law or 
     seeking government assistance in an emergency; or
       ``(iii) such use is expressly permitted by Federal law.''.

     SEC. 442. MACHINE-READABLE TAMPER-RESISTANT IMMIGRATION 
                   DOCUMENTS.

       (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) in the heading, by striking ``ENTRY AND EXIT 
     DOCUMENTS'' and inserting ``TRAVEL, ENTRY, AND EVIDENCE OF 
     STATUS DOCUMENTS'';
       (2) in subsection (b)(1)--
       (A) by striking ``Not later than October 26, 2004, the 
     Attorney General'' and inserting ``The Secretary of Homeland 
     Security''; and
       (B) by striking ``visas and'' each place it appears and 
     inserting ``visas, evidence of status, and'';
       (3) by striking subsection (d) and inserting 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 immigrant, nonimmigrant, parole, asylee, or refugee 
     status, shall be machine-readable, tamper-resistant, and 
     incorporate a biometric identifier to allow the Secretary of 
     Homeland Security to electronically verify the identity and 
     status of the alien.
       ``(e) Funding.--
       ``(1) Authorization of appropriation.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section, including reimbursements to international and 
     domestic standards organizations.
       ``(2) Fee.--During any fiscal year for which appropriations 
     sufficient to issue documents described in subsection (d) are 
     not made pursuant to law, the Secretary of Homeland Security 
     is authorized to implement and collect a fee sufficient to 
     cover the direct cost of issuance of such document from the 
     alien to whom the document will be issued.
       ``(3) Exception.--The fee described in paragraph (2) may 
     not be levied against nationals of a foreign country if the 
     Secretary of Homeland has determined that the total estimated 
     population of such country who are unlawfully present in the 
     United States does not exceed 3,000 aliens.''.

[[Page 4829]]

       (b) Technical Amendment.--The table of contents in section 
     1(b) of the Enhanced Border Security and Visa Entry Reform 
     Act of 2002 (Public Law 107-173; 116 Stat. 543) is amended by 
     striking the item relating to section 303 and inserting the 
     following:

``Sec. 303. Machine-readable, tamper-resistant travel, entry, and 
              evidence of status documents.''.

      Subtitle F--Effective Date; Authorization of Appropriations

     SEC. 451. EFFECTIVE DATE.

       Except as otherwise specially provided in this Act, the 
     provisions of this title shall take effect not later than 45 
     days after the date of the enactment of this Act.

     SEC. 452. AUTHORIZATION OF APPROPRIATIONS.

       In addition to amounts otherwise authorized to be 
     appropriated, there are authorized to be appropriated such 
     sums as may be necessary for each of fiscal years 2007 
     through 2011 to carry out this title.

                   TITLE V--PENALTIES AND ENFORCEMENT

                Subtitle A--Criminal and Civil Penalties

     SEC. 501. ALIEN SMUGGLING AND RELATED OFFENSES.

       (a) In General.--Section 274 of the Immigration and 
     Nationality Act (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.--Whoever--
       ``(A) assists, encourages, directs, or induces a person to 
     come to or enter the United States, or to attempt to come to 
     or enter the United States, knowing or in reckless disregard 
     of the fact that such person is an alien who lacks lawful 
     authority to come to or enter the United States;
       ``(B) assists, encourages, directs, or induces a person to 
     come to or enter 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, regardless of whether 
     such person has official permission or lawful authority to be 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien;
       ``(C) assists, encourages, directs, or induces a person to 
     reside in or remain in the United States, or to attempt to 
     reside in 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;
       ``(D) 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, where the transportation or movement will aid 
     or further in any manner the person's illegal entry into or 
     illegal presence in the United States;
       ``(E) 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;
       ``(F) 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 one country to another or on the 
     high seas, under circumstances in which the person is in fact 
     seeking to enter the United States without official 
     permission or lawful authority; or
       ``(G) conspires or attempts to commit any of the preceding 
     acts,

     shall be punished as provided in paragraph (2), regardless of 
     any official action which may later be taken with respect to 
     such alien.
       ``(2) Criminal penalties.--A person who violates the 
     provisions of paragraph (1) shall--
       ``(A) except as provided in subparagraphs (D) through (H), 
     in the case where the offense was not committed for 
     commercial advantage, profit, or private financial gain, be 
     imprisoned for not more than 5 years, or fined under title 
     18, United States Code, or both;
       ``(B) except as provided in subparagraphs (C) through (H), 
     where the offense was committed for commercial advantage, 
     profit, or private financial gain--
       ``(i) in the case of a first violation of this 
     subparagraph, be imprisoned for not more than 20 years, or 
     fined under title 18, United States Code, or both; and
       ``(ii) for any subsequent violation, be imprisoned for not 
     less than 3 years nor more than 20 years, or fined under 
     title 18, United States Code, or both;
       ``(C) in the case where the offense was committed for 
     commercial advantage, profit, or private financial gain and 
     involved 2 or more aliens other than the offender, be 
     imprisoned for not less than 3 nor more than 20 years, or 
     fined under title 18, United States Code, or both;
       ``(D) in the case where the offense furthers or aids the 
     commission of any other offense against the United States or 
     any State, which offense is punishable by imprisonment for 
     more than 1 year, be imprisoned for not less than 5 nor more 
     than 20 years, or fined under title 18, United States Code, 
     or both;
       ``(E) in the case where any participant in the offense 
     created a substantial risk of death or serious bodily injury 
     to another person, including--
       ``(i) transporting a person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting a person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting or harboring a person in a crowded, 
     dangerous, or inhumane manner,

     be imprisoned not less than 5 nor more than 20 years, or 
     fined under title 18, United States Code, or both;
       ``(F) in the case where the offense caused serious bodily 
     injury (as defined in section 1365 of title 18, United States 
     Code, including any conduct that would violate sections 2241 
     or 2242 of title 18, United States Code, if the conduct 
     occurred in the special maritime and territorial jurisdiction 
     of the United States) to any person, be imprisoned for not 
     less than 7 nor more than 30 years, or fined under title 18, 
     United States Code, or both;
       ``(G) in the case where the offense involved an alien who 
     the offender knew or had reason to believe was an alien--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in such terrorist activity,

     be imprisoned for not less than 10 nor more than 30 years, or 
     fined under title 18, United States Code, or both; and
       ``(H) in the case where the offense caused or resulted in 
     the death of any person, be punished by death or imprisoned 
     for not less than 10 years, or any term of years, or for 
     life, or fined under title 18, United States Code, or both.
       ``(3) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Employment of Unauthorized Aliens.--
       ``(1) In general.--Any person who, during any 12-month 
     period, knowingly hires for employment at least 10 
     individuals with actual knowledge that the individuals are 
     aliens described in paragraph (2), shall be fined under title 
     18, United States Code, imprisoned for not more than 5 years, 
     or both.
       ``(2) Alien described.--A alien described in this paragraph 
     is an alien who--
       ``(A) is an unauthorized alien (as defined in section 
     274A(h)(3)); and
       ``(B) has been brought into the United States in violation 
     of subsection (a).
       ``(c) Seizure and Forfeiture.--
       ``(1) In general.--Any property, real or personal, that has 
     been 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, including section 981(d) of such title, except 
     that such duties as are imposed upon the Secretary of the 
     Treasury under the customs laws described in that section 
     shall be performed by such officers, agents, and other 
     persons as may be designated for that purpose by the 
     Secretary of Homeland Security.
       ``(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 officers and employees 
     designated by the Secretary of Homeland Security, either 
     individually or as a member of a class, and all other 
     officers whose duty it is to enforce criminal laws.
       ``(e) Admissibility of Evidence.--
       ``(1) Prima facie evidence in determinations of 
     violations.--Notwithstanding any provision of the Federal 
     Rules of Evidence, in determining whether a violation of 
     subsection (a) has occurred, any of the following shall be 
     prima facie evidence that an alien involved in the violation 
     lacks lawful authority to come to, enter, reside, remain, or 
     be in the United States or that such alien had come to, 
     entered, resided, remained or been present in the United 
     States in violation of law:
       ``(A) Any order, finding, or determination concerning the 
     alien's status or lack thereof made by a federal judge or 
     administrative adjudicator (including an immigration judge or 
     an immigration officer) during any judicial or administrative 
     proceeding authorized under the immigration laws or 
     regulations prescribed thereunder.
       ``(B) An official record of the Department of Homeland 
     Security, Department of Justice, or the Department of State 
     concerning the alien's status or lack thereof.
       ``(C) Testimony by an immigration officer having personal 
     knowledge of the facts concerning the alien's status or lack 
     thereof.
       ``(2) Videotaped 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 the witness was 
     available for cross examination at the deposition and the 
     deposition otherwise complies with the Federal Rules of 
     Evidence.
       ``(f) Definitions.--For purposes of this section:

[[Page 4830]]

       ``(1) The term `lawful authority' means permission, 
     authorization, or license that is expressly provided for in 
     the immigration laws of the United States or the regulations 
     prescribed thereunder. Such term does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law, nor does it include authority that has been sought 
     but not approved. No alien shall be deemed to have lawful 
     authority to come to, enter, reside, remain, or be in the 
     United States if such coming to, entry, residence, remaining, 
     or presence was, is, or would be in violation of law.
       ``(2) 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 or 
     to which the alien is traveling or moving.''.
       (b) Clerical Amendment.--The item relating to section 274 
     in the table of contents of such Act is amended to read as 
     follows:

``Sec. 274. Alien smuggling and related offenses.''.

     SEC. 502. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, 
                   REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.

       (a) Prohibition.--
       (1) In general.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end a new section as 
     follows:

     ``Sec. 554. Evasion of inspection or during violation of 
       arrival, reporting, entry, or clearance requirements

       ``(a) Prohibition.--A person shall be punished as described 
     in subsection (b) if such person--
       ``(1) attempts to elude or eludes customs, immigration, or 
     agriculture inspection or fails to stop at the command of an 
     officer or employee of the United States charged with 
     enforcing the immigration, customs, or other laws of the 
     United States at a port of entry or customs or immigration 
     checkpoint; or
       ``(2) intentionally violates an arrival, reporting, entry, 
     or clearance requirement of--
       ``(A) section 107 of the Federal Plant Pest Act (7 U.S.C. 
     105ff);
       ``(B) section 10 of the Act of August 20, 1912 (7 U.S.C. 
     164(a));
       ``(C) section 7 of the Federal Noxious Weed Act of 1974 (7 
     U.S.C. 2806);
       ``(D) the Agriculture and Food Act of 1981 (Public Law 97-
     98; 95 Stat. 1213);
       ``(E) section 431, 433, 434, or 459 of the Tariff Act of 
     1930 (19 U.S.C. 1431, 1433, 1434, and 1459);
       ``(F) section 10 of the Act of August 20, 1890 (21 U.S.C. 
     105);
       ``(G) section 2 of the Act of February 2, 1903 (21 U.S.C. 
     111);
       ``(H) section 4197 of the Revised Statutes (46 U.S.C. App. 
     91); or
       ``(I) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       ``(b) Penalties.--A person who commits an offense described 
     in subsection (a) shall be--
       ``(1) fined under this title;
       ``(2)(A) imprisoned for not more than 5 years, or both;
       ``(B) imprisoned for not more than 10 years, or both, if in 
     commission of this violation, attempts to inflict or inflicts 
     bodily injury (as defined in section 1365(g) of this title); 
     or
       ``(C) imprisoned for any term of years or for life, or 
     both, if death results, and may be sentenced to death; or
       ``(3) both fined and imprisoned under this subsection.
       ``(c) Conspiracy.--If 2 or more persons conspire to commit 
     an offense described in subsection (a), and 1 or more of such 
     persons do any act to effect the object of the conspiracy, 
     each shall be punishable as a principal, except that the 
     sentence of death may not be imposed.
       ``(d) Prima Facie Evidence.--For the purposes of seizure 
     and forfeiture under applicable law, in the case of use of a 
     vehicle or other conveyance in the commission of this 
     offense, or in the case of disregarding or disobeying the 
     lawful authority or command of any officer or employee of the 
     United States under section 111(b) of this title, such 
     conduct shall constitute prima facie evidence of smuggling 
     aliens or merchandise.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 27 of title 18, United States Code, is amended by 
     inserting at the end:

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

     SEC. 503. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS.

       (a) In General.--Section 275 of the Immigration and 
     Nationality Act (8 U.S.C. 1325) is amended--
       (1) in the section heading, by inserting ``UNLAWFUL 
     PRESENCE;'' after ``IMPROPER TIME OR PLACE;'';
       (2) in subsection (a)--
       (A) by striking ``Any alien'' and inserting ``Except as 
     provided in subsection (b), any alien'';
       (B) by striking ``or'' before (3);
       (C) by inserting after ``concealment of a material fact,'' 
     the following: ``or (4) is otherwise present in the United 
     States in violation of the immigration laws or the 
     regulations prescribed thereunder,''; and
       (D) by striking ``6 months'' and inserting ``one year'';
       (3) by amending subsection (c) to read as follows:
       ``(c)(1) Whoever--
       ``(A) knowingly enters into a marriage for the purpose of 
     evading any provision of the immigration laws; or
       ``(B) knowingly misrepresents the existence or 
     circumstances of a marriage--
       ``(i) in an application or document arising under or 
     authorized by the immigration laws of the United States or 
     the regulations prescribed thereunder, or
       ``(ii) 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 title 18, United States Code, or 
     imprisoned not more than 10 years, or both.
       ``(2) Whoever--
       ``(A) knowingly enters into two or more marriages for the 
     purpose of evading any provision of the immigration laws; or
       ``(B) knowingly arranges, supports, or facilitates two or 
     more marriages designed or intended to evade any provision of 
     the immigration laws;

     shall be fined under title 18, United States Code, imprisoned 
     not less than 2 years nor more than 20 years, or both.
       ``(3) An offense under this subsection continues until the 
     fraudulent nature of the marriage or marriages is discovered 
     by an immigration officer.
       ``(4) For purposes of this section, the term `proceeding' 
     includes an adjudication, interview, hearing, or review.''
       (4) in subsection (d)--
       (A) by striking ``5 years'' and inserting ``10 years'';
       (B) by adding at the end the following: ``An offense under 
     this subsection continues until the fraudulent nature of the 
     commercial enterprise is discovered by an immigration 
     officer.''; and
       (5) by adding at the end the following new subsections:
       ``(e)(1) Any alien described in paragraph (2)--
       ``(A) shall be fined under title 18, United States Code, 
     imprisoned not more than 10 years, or both, if the offense 
     described in such paragraph was committed subsequent to a 
     conviction or convictions for commission of three or more 
     misdemeanors involving drugs, crimes against the person, or 
     both, or a felony;
       ``(B) whose violation was subsequent to conviction for a 
     felony for which the alien received a sentence of 30 months 
     or more, shall be fined under title 18, United States Code, 
     imprisoned not more than 10 years, or both; or
       ``(C) whose violation was subsequent to conviction for a 
     felony for which the alien received a sentence of 60 months 
     or more, shall be fined under title 18, United States Code, 
     imprisoned not more than 20 years, or both.
       ``(2) An alien described in this paragraph is an alien 
     who--
       ``(A) enters or attempts to enter the United States at any 
     time or place other than as designated by immigration 
     officers;
       ``(B) eludes examination or inspection by immigration 
     officers;
       ``(C) attempts to enter or obtains entry to the United 
     States by a willfully false or misleading representation or 
     the willful concealment of a material fact; or
       ``(D) is otherwise present in the United States in 
     violation of the immigration laws or the regulations 
     prescribed thereunder.
       ``(3) The prior convictions in subparagraph (A), (B), or 
     (C) of paragraph (1) are elements of those crimes and the 
     penalties in those subparagraphs shall apply only in cases in 
     which the conviction (or convictions) that form the basis for 
     the additional penalty are alleged in the indictment or 
     information and are proven beyond a reasonable doubt at trial 
     or admitted by the defendant in pleading guilty. Any 
     admissible evidence may be used to show that the prior 
     conviction is a qualifying crime, and the criminal trial for 
     a violation of this section shall not be bifurcated.
       ``(4) An offense under subsection (a) or paragraph (1) of 
     this subsection continues until the alien is discovered 
     within the United States by immigration officers.
       ``(f) For purposes of this section, the term `attempts to 
     enter' refers to the general intent of the alien to enter the 
     United States and does not refer to the intent of the alien 
     to violate the law.''.
       (b) Rule of Construction.--Nothing in the amendment made by 
     subsection (a) may be construed to limit the authority of any

[[Page 4831]]

     State or political subdivision therein to enforce criminal 
     trespass laws against aliens whom a law enforcement agency 
     has verified to be present in the United States in violation 
     of this Act or the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.).

     SEC. 504. FEES AND EMPLOYER COMPLIANCE FUND.

       (a) Equal Access to Justice Fees.--Section 286 of the 
     Immigration and Nationality Act (8 U.S.C. 1356) is amended by 
     adding at the end the following new subsection:
       ``(w) Fees and Costs.--The provisions of section 2412, 
     title 28, United States Code, shall not apply to civil 
     actions arising under or related to the immigration laws, 
     including any action under--
       ``(1) any provision of title 5, United States Code;
       ``(2) any application for a writ of habeas corpus under 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision; or
       ``(3) any action under section 1361 or 1651 of title 28, 
     United States Code, that involves or is related to the 
     enforcement or administration of the immigration laws with 
     respect to any person or entity.''.
       (b) Employer Compliance Fund.--
       (1) Establishment.--Section 286 of the Immigration and 
     Nationality Act (8 U.S.C. 1356), as amended by subsection 
     (a), is further amended by adding at the end the following 
     new subsection:
       ``(x) 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 monetary penalties collected by 
     the Secretary of Homeland Security under section 274A.
       ``(3) Use of funds.--Amounts deposited into the Fund shall 
     be used by the Secretary of Homeland Security for the 
     purposes of enhancing employer compliance with section 274A, 
     compliance training, and outreach.
       ``(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.''.
       (2) Conforming amendment.--Section 274A of the Immigration 
     and Nationality Act (8 U.S.C. 1324a), as amended by section 
     431(b), is further amended by adding at the end the following 
     new subsection:
       ``(j) Deposits of Amounts Received.--Amounts collected 
     under this section shall be deposited by the Secretary of 
     Homeland Security into the Employer Compliance Fund 
     established under section 286(x).''.

     SEC. 505. REENTRY OF REMOVED ALIEN.

       (a) In General.--Section 276 of the Immigration and 
     Nationality Act (8 U.S.C. 1326) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking all that follows ``United 
     States'' the first place it appears and inserting a comma;
       (B) in the matter following paragraph (2), by striking 
     ``imprisoned not more than 2 years,'' and inserting 
     ``imprisoned for a term of not less than 1 year and not more 
     than 2 years,''; and
       (C) by adding at the end the following: ``It shall be an 
     affirmative defense to an offense under this subsection that 
     (A) prior to an alien's reembarkation at a place outside the 
     United States or an alien's application for admission from 
     foreign contiguous territory, the Secretary of Homeland 
     Security has expressly consented to the alien's reapplying 
     for admission; or (B) with respect to an alien previously 
     denied admission and removed, such alien was not required to 
     obtain such advance consent under this Act or any prior 
     Act.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``imprisoned not more 
     than 10 years,'' and insert ``imprisoned for a term of not 
     less than 5 years and not more than 10 years,'';
       (B) in paragraph (2), by striking ``imprisoned not more 
     than 20 years,'' and insert ``imprisoned for a term of not 
     less than 10 years and not more than 20 years,'';
       (C) in paragraph (3), by striking ``. or'' and inserting 
     ``; or'';
       (D) in paragraph (4), by striking ``imprisoned for not more 
     than 10 years,'' and insert ``imprisoned for a term of not 
     less than 5 years and not more than 10 years,''; and
       (E) by adding at the end the following: ``The prior 
     convictions in paragraphs (1) and (2) are elements of 
     enhanced crimes and the penalties under such paragraphs shall 
     apply only where the conviction (or convictions) that form 
     the basis for the additional penalty are alleged in the 
     indictment or information and are proven beyond a reasonable 
     doubt at trial or admitted by the defendant in pleading 
     guilty. Any admissible evidence may be used to show that the 
     prior conviction is a qualifying crime and the criminal trial 
     for a violation of either such paragraph shall not be 
     bifurcated.'';
       (3) in subsections (b)(3), (b)(4), and (c), by striking 
     ``Attorney General'' and inserting ``Secretary of Homeland 
     Security'' each place it appears;
       (4) in subsection (c)--
       (A) by inserting ``(as in effect before the effective date 
     of the amendments made by section 305 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-597)), or 
     removed under section 241(a)(4),'' after ``242(h)(2)'';
       (B) by striking ``(unless the Attorney General has 
     expressly consented to such alien's reentry)'';
       (C) by inserting ``or removal'' after ``time of 
     deportation''; and
       (D) by inserting ``or removed'' after ``reentry of 
     deported'';
       (5) in subsection (d)--
       (A) in the matter before paragraph (1), by striking 
     ``deportation order'' and inserting ``deportation or removal 
     order''; and
       (B) in paragraph (2), by inserting ``or removal'' after 
     ``deportation''; and
       (6) by adding at the end the following new subsection:
       ``(e) For purposes of this section, the term `attempts to 
     enter' refers to the general intent of the alien to enter the 
     United States and does not refer to the intent of the alien 
     to violate the law.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to criminal proceedings involving aliens who 
     enter, attempt to enter, or are found in the United States, 
     after such date.

     SEC. 506. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT FRAUD, 
                   BENEFIT FRAUD, AND FALSE CLAIMS OF CITIZENSHIP.

       (a) Civil Penalties for Document Fraud.--Section 274C(d)(3) 
     of the Immigration and Nationality Act (8 U.S.C. 1324c(d)(3)) 
     is amended--
       (1) in subparagraph (A), by striking ``$250 and not more 
     than $2,000'' and inserting ``$500 and not more than 
     $4,000''; and
       (2) in subparagraph (B), by striking ``$2,000 and not more 
     than $5,000'' and inserting ``$4,000 and not more than 
     $10,000''.
       (b) Fraud and False Statements.--Chapter 47 of title 18, 
     United States Code, is amended--
       (1) in section 1015, by striking ``not more than 5 years'' 
     and inserting ``not more than 10 years''; and
       (2) in section 1028(b)--
       (A) in paragraph (1), by striking ``15 years'' and 
     inserting ``20 years'';
       (B) in paragraph (2), by striking ``5 years'' and inserting 
     ``6 years'';
       (C) in paragraph (3), by striking ``20 years'' and 
     inserting ``25 years''; and
       (D) in paragraph (6), by striking ``one year'' and 
     inserting ``2 years''.
       (c) Document Fraud.--Section 1546 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``not more than 25 years'' and inserting 
     ``not less than 25 years''
       (B) by inserting ``and if the terrorism offense resulted in 
     the death of any person, shall be punished by death or 
     imprisoned for life,'' after ``section 2331 of this 
     title)),'';
       (C) by striking ``20 years'' and inserting ``imprisoned not 
     more than 40 years'';
       (D) by striking ``10 years'' and inserting ``imprisoned not 
     more than 20 years''; and
       (E) by striking ``15 years'' and inserting ``imprisoned not 
     more than 25 years''; and
       (2) in subsection (b), by striking ``5 years'' and 
     inserting ``10 years''.
       (d) Crimes of Violence.--
       (1) In general.--Title 18, United States Code, is amended 
     by inserting after chapter 51 the following:

                      ``CHAPTER 52--ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for certain crimes committed by illegal 
              aliens.

     ``Sec. 1131. Enhanced penalties for certain crimes committed 
       by illegal aliens

       ``(a) Any alien unlawfully present in the United States, 
     who commits, or conspires or attempts to commit, a crime of 
     violence or a drug trafficking crime (as such terms are 
     defined in section 924), shall be fined under this title and 
     sentenced to not less than 5 years in prison.
       ``(b) If an alien who violates subsection (a) was 
     previously ordered removed under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of 
     having committed a crime, the alien shall be sentenced to not 
     less than 15 years in prison.
       ``(c) A sentence of imprisonment imposed under this section 
     shall run consecutively to any other sentence of imprisonment 
     imposed for any other crime.''.
       (2) Clerical amendment.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 51 
     the following:

``52. Illegal aliens............................................1131''.

     SEC. 507. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS 
                   PARTICIPATING IN CRIMINAL STREET GANGS.

       (a) Inadmissible.--Section 212(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at 
     the end the following:
       ``(J) Criminal street gang participation.--
       ``(i) In general.--Any alien is inadmissible if--

       ``(I) the alien has been removed under section 
     237(a)(2)(F); or
       ``(II) the consular officer or the Secretary of Homeland 
     Security knows, or has reasonable ground to believe that the 
     alien--

[[Page 4832]]

       ``(aa) is a member of a criminal street gang and has 
     committed, conspired, or threatened to commit, or seeks to 
     enter the United States to engage solely, principally, or 
     incidentally in, a gang crime or any other unlawful activity; 
     or
       ``(bb) is a member of a criminal street gang designated 
     under section 219A.
       ``(ii) Definitions.--In this subparagraph:

       ``(I) Criminal street gang.--The term `criminal street 
     gang' means an ongoing group, club organization or informal 
     association of 5 or more persons who engage, or have engaged 
     within the past 5 years in a continuing series of 3 or more 
     gang crimes (1 of which is a crime of violence, as defined in 
     section 16 of title 18, United States Code).
       ``(II) Gang crime.--The term `gang crime' means conduct 
     constituting any Federal or State crime, punishable by 
     imprisonment for 1 year or more, in any of the following 
     categories:

       ``(aa) A crime of violence (as defined in section 16 of 
     title 18, United States Code).
       ``(bb) A crime involving obstruction of justice, tampering 
     with or retaliating against a witness, victim, or informant, 
     or burglary.
       ``(cc) A crime involving the manufacturing, importing, 
     distributing, possessing with intent to distribute, or 
     otherwise dealing in a controlled substance or listed 
     chemical (as those terms are defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)).
       ``(dd) Any conduct punishable under section 844 of title 
     18, United States Code (relating to explosive materials), 
     subsection (d), (g)(1) (where the underlying conviction is a 
     violent felony (as defined in section 924(e)(2)(B) of such 
     title) or is a serious drug offense (as defined in section 
     924(e)(2)(A)), (i), (j), (k), (o), (p), (q), (u), or (x) of 
     section 922 of such title (relating to unlawful acts), or 
     subsection (b), (c), (g), (h), (k), (l), (m), or (n) of 
     section 924 of such title (relating to penalties), section 
     930 of such title (relating to possession of firearms and 
     dangerous weapons in Federal facilities), section 931 of such 
     title (relating to purchase, ownership, or possession of body 
     armor by violent felons), sections 1028 and 1029 of such 
     title (relating to fraud and related activity in connection 
     with identification documents or access devices), section 
     1952 of such title (relating to interstate and foreign travel 
     or transportation in aid of racketeering enterprises), 
     section 1956 of such title (relating to the laundering of 
     monetary instruments), section 1957 of such title (relating 
     to engaging in monetary transactions in property derived from 
     specified unlawful activity), or sections 2312 through 2315 
     of such title (relating to interstate transportation of 
     stolen motor vehicles or stolen property).
       ``(ee) Any conduct punishable under section 274 (relating 
     to bringing in and harboring certain aliens), section 277 
     (relating to aiding or assisting certain aliens to enter the 
     United States), or section 278 (relating to importation of 
     alien for immoral purpose) of this Act.''.
       (b) Deportable.--Section 237(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at 
     the end the following:
       ``(F) Criminal street gang participation.--
       ``(i) In general.--An alien is deportable if the alien--

       ``(I) is a member of a criminal street gang and is 
     convicted of committing, or conspiring, threatening, or 
     attempting to commit, a gang crime; or
       ``(II) is determined by the Secretary of Homeland Security 
     to be a member of a criminal street gang designated under 
     section 219A.

       ``(ii) Definitions.--For purposes of this subparagraph, the 
     terms `criminal street gang' and `gang crime' have the 
     meaning given such terms in section 212(a)(2)(J)(ii).''.
       (c) Designation of Criminal Street Gangs.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 219A. DESIGNATION OF CRIMINAL STREET GANGS.

       ``(a) Designation.--
       ``(1) In general.--The Attorney General is authorized to 
     designate a group or association as a criminal street gang in 
     accordance with this subsection if the Attorney General finds 
     that the group or association meets the criteria described in 
     section 212(a)(2)(J)(ii)(I).
       ``(2) Procedure.--
       ``(A) Notice.--
       ``(i) To congressional leaders.--Seven days before making a 
     designation under this subsection, the Attorney General 
     shall, by classified communication, notify the Speaker and 
     Minority Leader of the House of Representatives, the 
     President pro tempore, Majority Leader, and Minority Leader 
     of the Senate, and the members of the relevant committees, in 
     writing, of the intent to designate a group or association 
     under this subsection, together with the findings made under 
     paragraph (1) with respect to that group or association, and 
     the factual basis therefore.
       ``(ii) Publication in federal register.--The Attorney 
     General shall publish the designation in the Federal Register 
     7 days after providing the notification under clause (i).
       ``(B) Effect of designation.--A designation under this 
     subsection shall take effect upon publication under 
     subparagraph (A)(ii).
       ``(3) Record.--In making a designation under this 
     subsection, the Attorney General shall create an 
     administrative record.
       ``(4) Period of designation.--
       ``(A) In general.--A designation under this subsection 
     shall be effective for all purposes until revoked under 
     paragraph (5) or (6) or set aside pursuant to subsection (b).
       ``(B) Review of designation upon petition.--
       ``(i) In general.--The Attorney General shall review the 
     designation of a criminal street gang under the procedures 
     set forth in clauses (iii) and (iv) if the designated gang or 
     association files a petition for revocation within the 
     petition period described in clause (ii).
       ``(ii) Petition period.--For purposes of clause (i)--

       ``(I) if the designated gang or association has not 
     previously filed a petition for revocation under this 
     subparagraph, the petition period begins 2 years after the 
     date on which the designation was made; or
       ``(II) if the designated gang or association has previously 
     filed a petition for revocation under this subparagraph, the 
     petition period begins 2 years after the date of the 
     determination made under clause (iv) on that petition.

       ``(iii) Procedures.--Any criminal street gang that submits 
     a petition for revocation under this subparagraph shall 
     provide evidence in that petition that the relevant 
     circumstances described in paragraph (1) are sufficiently 
     different from the circumstances that were the basis for the 
     designation such that a revocation with respect to the gang 
     is warranted.
       ``(iv) Determination..--
       ``(I) In general.--Not later than 180 days after receiving 
     a petition for revocation submitted under this subparagraph, 
     the Attorney General shall make a determination as to such 
     revocation.

       ``(II) Publication of determination.--A determination made 
     by the Attorney General under this clause shall be published 
     in the Federal Register.
       ``(III) Procedures.--Any revocation by the Attorney General 
     shall be made in accordance with paragraph (6).

       ``(C) Other review of designation.--
       ``(i) In general.--If in a 4-year period no review has 
     taken place under subparagraph (B), the Attorney General 
     shall review the designation of the criminal street gang in 
     order to determine whether such designation should be revoked 
     pursuant to paragraph (6).
       ``(ii) Procedures.--If a review does not take place 
     pursuant to subparagraph (B) in response to a petition for 
     revocation that is filed in accordance with that 
     subparagraph, then the review shall be conducted pursuant to 
     procedures established by the Attorney General. The results 
     of such review and the applicable procedures shall not be 
     reviewable in any court.
       ``(iii) Publication of results of review.--The Attorney 
     General shall publish any determination made pursuant to this 
     subparagraph in the Federal Register.
       ``(5) Revocation based on change in circumstances.--
       ``(A) In general.--The Attorney General may revoke a 
     designation made under paragraph (1) at any time, and shall 
     revoke a designation upon completion of a review conducted 
     pursuant to subparagraphs (b) and (c) of paragraph (4) if the 
     Attorney General finds that--
       ``(i) the circumstances that were the basis for the 
     designation have changed in such a manner as to warrant 
     revocation; or
       ``(ii) the national security of the United States warrants 
     a revocation.
       ``(B) Procedure.--The procedural requirements of paragraphs 
     (2) and (3) shall apply to a revocation under this paragraph. 
     Any revocation shall take effect on the date specified in the 
     revocation or upon publication in the Federal Register if no 
     effective date is specified.
       ``(6) Effect of revocation.--The revocation of a 
     designation under paragraph (5) shall not affect any action 
     or proceeding based on conduct committed prior to the 
     effective date of such revocation.
       ``(7) Use of designation in hearing.--If a designation 
     under this subsection has become effective under paragraph 
     (2)(B), an alien in a removal proceeding shall not be 
     permitted to raise any question concerning the validity of 
     the issuance of such designation as a defense or an objection 
     at any hearing.
       ``(b) Judicial Review of Designation.--
       ``(1) In general.--Not later than 60 days after publication 
     of the designation in the Federal Register, a group or 
     association designated as a criminal street gang may seek 
     judicial review of the designation in the United States Court 
     of Appeals for the District of Columbia Circuit.
       ``(2) Basis of review.--Review under this subsection shall 
     be based solely upon the administrative record.
       ``(3) Scope of review.--The court shall hold unlawful and 
     set aside a designation the court finds to be--
       ``(A) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law;
       ``(B) contrary to constitutional right, power, privilege, 
     or immunity;

[[Page 4833]]

       ``(C) in excess of statutory jurisdiction, authority, or 
     limitation, or short of statutory right;
       ``(D) lacking substantial support in the administrative 
     record taken as a whole; or
       ``(E) not in accord with the procedures required by law.
       ``(4) Judicial review invoked.--The pendency of an action 
     for judicial review of a designation shall not affect the 
     application of this section, unless the court issues a final 
     order setting aside the designation.
       ``(c) Relevant Committee Defined.--As used in this section, 
     the term `relevant committees' means the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives.''.
       (2) Clerical amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 219 
     the following:

``Sec. 219A. Designation of criminal street gangs.''.

     SEC. 508. MANDATORY DETENTION OF SUSPECTED CRIMINAL STREET 
                   GANG MEMBERS.

       (a) In General.--Section 236(c)(1)(D) of the Immigration 
     and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
       (1) by inserting ``or 212(a)(2)(J)'' after 
     ``212(a)(3)(B)''; and
       (2) by inserting ``or 237(a)(2)(F)'' before 
     ``237(a)(4)(B)''.
       (b) Annual Report.--Not later than March 1 2007, and 
     annually thereafter, the Secretary of Homeland Security, 
     after consultation with the appropriate Federal agencies, 
     shall submit a report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives on the number of aliens detained under the 
     amendments made by subsection (a).

     SEC. 509. INELIGIBILITY FOR ASYLUM AND PROTECTION FROM 
                   REMOVAL.

       (a) Inapplicability of Restriction on Removal to Certain 
     Countries.--Section 241(b)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the 
     matter preceding clause (i), by inserting ``who is described 
     in section 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) or who 
     is'' after ``to an alien''.
       (b) Ineligibility for Asylum.--Section 208(b)(2)(A) of such 
     Act (8 U.S.C. 1158(b)(2)(A)) is amended--
       (1) in clause (v), by striking ``or'' at the end;
       (2) by redesignating clause (vi) as clause (vii); and
       (3) by inserting after clause (v) the following:
       ``(vi) the alien is described in section 212(a)(2)(J)(i) or 
     section 237(a)(2)(F)(i) (relating to participation in 
     criminal street gangs); or''.
       (c) Denial of Review of Determination of Ineligibility for 
     Temporary Protected Status.--Section 244(c)(2) of such Act (8 
     U.S.C. 1254a(c)(2)) is amended by adding at the end the 
     following:
       ``(C) Limitation on judicial review.--There shall be no 
     judicial review of any finding under subparagraph (B) that an 
     alien is described in section 208(b)(2)(A)(vi).''.

     SEC. 510. PENALTIES FOR MISUSING SOCIAL SECURITY NUMBERS OR 
                   FILING FALSE INFORMATION WITH SOCIAL SECURITY 
                   ADMINISTRATION.

       (a) Misuse of Social Security Numbers.--
       (1) In general.--Section 208(a) of the Social Security Act 
     (42 U.S.C. 408(a)) is amended--
       (A) in paragraph (7), by adding after subparagraph (C) the 
     following:
       ``(D) with intent to deceive, discloses, sells, or 
     transfers his own social security account number, assigned to 
     him by the Commissioner of Social Security (in the exercise 
     of the Commissioner's authority under section 205(c)(2) to 
     establish and maintain records), to any person; or'';
       (B) in paragraph (8), by adding ``or'' at the end; and
       (C) by inserting after paragraph (8) the following:
       ``(9) without lawful authority, offers, for a fee, to 
     acquire for any individual, or to assist in acquiring for any 
     individual, an additional social security account number or a 
     number that purports to be a social security account number;
       ``(10) willfully acts or fails to act so as to cause a 
     violation of section 205(c)(2)(C)(xii);
       ``(11) being an officer or employee of any executive, 
     legislative, or judicial agency or instrumentality of the 
     Federal Government or of a State or political subdivision 
     thereof, or a person acting as an agent of such an agency or 
     instrumentality (or an officer or employee thereof or a 
     person acting as an agent thereof) in possession of any 
     individual's social security account number, willfully acts 
     or fails to act so as to cause a violation of clause 
     (vi)(II), (x), (xi), (xii), (xiii), or (xiv) of section 
     205(c)(2)(C); or
       ``(12) being a trustee appointed in a case under title 11, 
     United States Code (or an officer or employee thereof or a 
     person acting as an agent thereof), willfully acts or fails 
     to act so as to cause a violation of clause (x) or (xi) of 
     section 205(c)(2)(C).''.
       (2) Effective dates.--Paragraphs (7)(D) and (9) of section 
     208(a) of the Social Security Act, as added by paragraph (1), 
     shall apply with respect to each violation occurring after 
     the date of the enactment of this Act. Paragraphs (10), (11), 
     and (12) of section 208(a) of such Act, as added by paragraph 
     (1)(C), shall apply with respect to each violation occurring 
     on or after the effective date of this Act.
       (b) Report on Enforcement Efforts Concerning Employers 
     Filing False Information Returns.--The Commissioner of 
     Internal Revenue and the Commissioner of Social Security 
     shall submit to Congress an annual report on efforts taken to 
     identify and enforce penalties against employers that file 
     incorrect information returns.

     SEC. 511. TECHNICAL AND CLARIFYING AMENDMENTS.

       (a) Terrorist Activities.--Section 212 (a)(3)(B)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) 
     is amended--
       (1) by striking ``Subclause (VII) of clause (i)'' and 
     inserting ``Subclause (IX) of clause (i)''; and
       (2) in subclause (II), by striking ``consular officer or 
     Attorney General'' and inserting ``consular officer, Attorney 
     General, or Secretary of Homeland Security''.
       (b) 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''.

             Subtitle B--Detention, Removal, and Departure

     SEC. 521. VOLUNTARY DEPARTURE REFORM.

       (a) Encouraging Aliens to Depart Voluntarily.--
       (1) Authority.--Subsection (a) of section 240B of the 
     Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In lieu of removal proceedings.--The Secretary of 
     Homeland Security may permit an alien voluntarily to depart 
     the United States at the alien's own expense under this 
     subsection, in lieu of being subject to proceedings under 
     section 240, if the alien is not described in section 
     237(a)(2)(A)(iii) or section 237(a)(4).'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraph (2) as paragraph (3);
       (D) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Prior to the conclusion of removal proceedings.--
     After removal proceedings under section 240 are initiated, 
     the Attorney General may permit an alien voluntarily to 
     depart the United States at the alien's own expense under 
     this subsection, prior to the conclusion of such proceedings 
     before an immigration judge, if the alien is not described in 
     section 237(a)(2)(A)(iii) or section 237(a)(4).''; and
       (E) in paragraph (4), by striking ``paragraph (1)'' and 
     inserting ``paragraphs (1) and (2)''.
       (2) Voluntary departure period.--Such section is further 
     amended--
       (A) in subsection (a)(3), as redesignated by paragraph 
     (1)(C)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) In lieu of removal.--Subject to subparagraph (C), 
     permission to depart voluntarily under paragraph (1) shall 
     not be valid for a period exceeding 90 days. The Secretary of 
     Homeland Security may require an alien permitted to depart 
     voluntarily under paragraph (1) to post a voluntary departure 
     bond, to be surrendered upon proof that the alien has 
     departed the United States within the time specified.'';
       (ii) in subparagraph (B), by striking ``subparagraphs (C) 
     and (D)(ii)'' and inserting ``subparagraphs (D) and 
     (E)(ii)'';
       (iii) in subparagraphs (C) and (D), by striking 
     ``subparagraph (B)'' and inserting ``subparagraph (C)'' each 
     place it appears;
       (iv) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (C), (D), and (E), respectively; and
       (v) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) Prior to the conclusion of removal proceedings.--
     Permission to depart voluntarily under paragraph (2) shall 
     not be valid for a period exceeding 60 days, and may be 
     granted only after a finding that the alien has established 
     that the alien has the means to depart the United States and 
     intends to do so. An alien permitted to depart voluntarily 
     under paragraph (2) must 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 posting of a voluntary departure bond in individual 
     cases upon a finding that the alien has presented compelling 
     evidence that the posting of a bond will be a serious 
     financial hardship and the alien has presented credible 
     evidence that such a bond is unnecessary to guarantee timely 
     departure.''; and
       (B) in subsection (b)(2), by striking ``60 days'' and 
     inserting ``45 days''.
       (3) Voluntary departure agreements.--Subsection (c) of such 
     section is amended to read as follows:
       ``(c) Conditions on Voluntary Departure.--
       ``(1) Voluntary departure agreement.--Voluntary departure 
     will be granted only as part of an affirmative agreement by 
     the

[[Page 4834]]

     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 in the exercise of 
     discretion may agree to a reduction in the period of 
     inadmissibility under subparagraph (A) or (B)(i) of section 
     212(a)(9).
       ``(3) Failure to comply with agreement and effect of filing 
     timely appeal.--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 a 
     failure to timely post any required bond), the alien 
     automatically becomes ineligible for the benefits of the 
     agreement, subject to the penalties described in subsection 
     (d), and subject to an alternate order of removal if 
     voluntary departure was granted under subsection (a)(2) or 
     (b). However, if an alien agrees to voluntary departure but 
     later 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 thereof, but the alien may not 
     again be granted voluntary departure while the alien remains 
     in the United States.''.
       (4) Eligibility.--Subsection (e) of such section is amended 
     to read as follows:
       ``(e) Eligibility.--
       ``(1) Prior grant of voluntary departure.--An alien shall 
     not be permitted to depart voluntarily under this section if 
     the Secretary of Homeland Security or the Attorney General 
     previously permitted the alien to depart voluntarily.
       ``(2) Additional limitations.--The Secretary of Homeland 
     Security may by regulation limit eligibility or impose 
     additional conditions for voluntary departure under 
     subsection (a)(1) for any class or classes of aliens. The 
     Secretary or Attorney General may by regulation limit 
     eligibility or impose additional conditions for voluntary 
     departure under subsection (a)(2) or (b) for any class or 
     classes of aliens. 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 section 1361 and 1651 of such title, no court may review 
     any regulation issued under this subsection.''.
       (b) Avoiding Delays in Voluntary Departure.--
       (1) Alien's obligation to depart within the time allowed.--
     Subsection (c) of section 240B of the Immigration and 
     Nationality Act (8 U.S.C. 1229c), as amended by subsection 
     (a), is further amended by adding at the end the following 
     new paragraph:
       ``(4) Voluntary departure period not affected.--Except as 
     expressly agreed to by the Secretary of Homeland Security 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.''.
       (2) No tolling.--Subsection (f) of such section is amended 
     by adding at the end the following new sentence: 
     ``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 
     section 1361 and 1651 of such title, no court shall have 
     jurisdiction to affect, reinstate, enjoin, delay, stay, or 
     toll the period allowed for voluntary departure under this 
     section.''.
       (c) Penalties for Failure To Depart Voluntarily.--
       (1) Penalties for failure to depart.--Subsection (d) of 
     section 240B of the Immigration and Nationality Act (8 U.S.C. 
     1229c) is amended to read as follows:
       ``(d) Penalties for Failure To Depart.--If an alien is 
     permitted to depart voluntarily under this section and fails 
     voluntarily to depart from the United States within the time 
     period specified or otherwise violates the terms of a 
     voluntary departure agreement, the following provisions 
     apply:
       ``(1) Civil penalty.--
       ``(A) In general.--The alien will be liable for a civil 
     penalty of $3,000.
       ``(B) Specification in order.--The order allowing voluntary 
     departure shall specify the amount of the penalty, which 
     shall be acknowledged by the alien on the record.
       ``(C) Collection.--If the Secretary of Homeland Security 
     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.
       ``(D) Ineligibility for benefits.--An alien will be 
     ineligible for any benefits under this title until any civil 
     penalty under this subsection is paid.
       ``(2) Ineligibility for relief.--The alien will 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.
       ``(3) Reopening.--
       ``(A) In general.--Subject to subparagraph (B), the alien 
     will be ineligible to reopen a final order of removal which 
     took effect upon the alien's failure to depart, or the 
     alien's violation of the conditions for voluntary departure, 
     during the period described in paragraph (2).
       ``(B) Exception.--Subparagraph (A) does not preclude a 
     motion to reopen to seek withholding of removal under section 
     241(b)(3) or protection against torture.
       ``The order permitting the alien to depart voluntarily 
     under this section shall inform the alien of the penalties 
     under this subsection.''.
       (2) Implementation of existing statutory penalties.--The 
     Secretary of Homeland Security shall implement regulations to 
     provide for the imposition and collection of penalties for 
     failure to depart under section 240B(d) of the Immigration 
     and Nationality Act, as amended by paragraph (1).
       (d) Voluntary Departure Agreements Negotiated by State or 
     Local Courts.--Section 240B of the Immigration and 
     Nationality Act (8 U.S.C. 1229c) is amended by adding at the 
     end the following new subsection:
       ``(g) Voluntary Departure Agreements Negotiated by State or 
     Local Courts.--
       ``(1) In general.--The Secretary of Homeland Security may 
     permit an alien voluntarily to depart the United States at 
     the alien's own expense under this subsection at any time 
     prior to the scheduling of the first merits hearing, in lieu 
     of applying for another form of relief from removal, if the 
     alien--
       ``(A) is deportable under section 237(a)(1);
       ``(B) is charged in a criminal proceeding in a State or 
     local court for which conviction would subject the alien to 
     deportation under paragraphs (2) through (6) of section 
     237(a); and
       ``(C) has accepted a plea bargain in such proceeding which 
     stipulates that the alien, after consultation with counsel in 
     such proceeding--
       ``(i) voluntarily waives application for another form of 
     relief from removal;
       ``(ii) consents to transportation, under custody of a law 
     enforcement officer of the State or local court, to an 
     appropriate international port of entry where departure from 
     the United States will occur;
       ``(iii) possesses or will promptly obtain travel documents 
     issued by the foreign state of which the alien is a national 
     or legal resident; and
       ``(iv) possesses the means to purchase transportation from 
     the port of entry to the foreign state to which the alien 
     will depart from the United States.
       ``(2) Review.--The Secretary shall promptly review an 
     application for voluntary departure for compliance with the 
     requirements of paragraph (1). The Secretary shall permit 
     voluntary departure under this subsection unless the State or 
     local jurisdiction is informed in writing not later that 30 
     days after such application is filed, that the Secretary 
     intends to seek removal under section 240.''.
       (e) 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 date of the 
     enactment of this Act.
       (2) Exception.--The amendment made by subsection (b)(2) 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to any petition for review which 
     is entered on or after such date.

     SEC. 522. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

       (a) In General.--
       (1) Bonds.--Section 236(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as 
     follows:
       ``(2) may, upon an express finding by an immigration judge, 
     that the alien is not a flight risk and is not a threat to 
     the United States, release the alien on a bond--
       ``(A) of not less than $5,000 release an alien; or
       ``(B) if the alien is a national of Canada or Mexico, of 
     not less than $3,000; or.''.
       (2) Conforming amendment.--Section 236(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1226) is amended by 
     inserting ``or the Secretary of Homeland Security'' after the 
     ``Attorney General'' each place it appears.
       (3) Report.--Not later than 2 years after the enactment of 
     this Act, the Secretary of Homeland Security shall submit to 
     Congress a report on the number of aliens who are citizens or 
     nationals of a country other than Canada or Mexico who are 
     apprehended along an international land border of the United 
     States between ports of entry.
       (b) Detention of Aliens Delivered by Bondsmen.--Section 
     241(a) of the Immigration and Nationality Act (8 U.S.C. 
     1231(a)) is amended by adding at the end the following new 
     paragraph:

[[Page 4835]]

       ``(8) Effect of production of alien by bondsman.--
     Notwithstanding any other provision of law, the Secretary of 
     Homeland Security shall take into custody any alien subject 
     to a final order of removal, and cancel any bond previously 
     posted for the alien, if the alien is produced within the 
     prescribed time limit by the obligor on the bond. The obligor 
     on the bond shall be deemed to have substantially performed 
     all conditions imposed by the terms of the bond, and shall be 
     released from liability on the bond, if the alien is produced 
     within such time limit.''.
       (c) Effective Date.--The amendments made by subsection (a) 
     and (b) shall take effect on the date of the enactment of 
     this Act and the amendment made by subsection (b) shall apply 
     to all immigration bonds posted before, on, or after such 
     date.

     SEC. 523. EXPEDITED REMOVAL.

       (a) In General.--Section 238 of the Immigration and 
     Nationality Act (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) of the 
     Immigration and Nationality Act (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) of such 
     Act (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. 524. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.

       Section 241(a)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1231(a)(5)) is amended to read as follows:
       ``(5) Reinstatement of previous removal orders.--
       ``(A) Removal.--The Secretary of Homeland Security shall 
     remove an alien who is an applicant for admission (other than 
     an admissible alien presenting himself or herself for 
     inspection at a port of entry or an alien paroled into the 
     United States under section 212(d)(5)), after having been, on 
     or after September 30, 1996, excluded, deported, or removed, 
     or having departed voluntarily under an order of exclusion, 
     deportation, or removal.
       ``(B) Judicial review.--The removal described in 
     subparagraph (A) shall not require any proceeding before an 
     immigration judge, and shall be under the prior order of 
     exclusion, deportation, or removal, which is not subject to 
     reopening or review. The alien is not eligible and may not 
     apply for or receive any immigration relief or benefit under 
     this Act or any other law, with the exception of sections 208 
     or 241(b)(3) or the Convention Against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment, done at 
     New York December 10, 1984, in the case of an alien who 
     indicates either an intention to apply for asylum under 
     section 208 or a fear of persecution or torture.''.

     SEC. 525. CANCELLATION OF REMOVAL.

       Section 240A(c) of the Immigration and Nationality Act (8 
     U.S.C. 1229b(c)) is amended by adding at the end the 
     following:
       ``(7) An alien who is inadmissible under section 
     212(a)(9)(B)(i).''.

     SEC. 526. DETENTION OF DANGEROUS ALIEN.

       (a) In General.--Section 241 of the Immigration and 
     Nationality Act (8 U.S.C. 1231) is amended--
       (1) in subsection (a), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security'' each place it 
     appears;
       (2) in subsection (a)(1)(B), by adding after clause (iii) 
     the following:
     ``If, at that time, the alien is not in the custody of the 
     Secretary (under the authority of this Act), the Secretary 
     shall take the alien into custody for removal, and the 
     removal period shall not begin until the alien is taken into 
     such custody. If the Secretary transfers custody of the alien 
     during the removal period pursuant to law to another Federal 
     agency or a State or local government agency in connection 
     with the official duties of such agency, the removal period 
     shall be tolled, and shall begin anew on the date of the 
     alien's return to the custody of the Secretary.''.
       (3) by amending clause (ii) of subsection (a)(1)(B) 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 date the stay of removal is no longer in effect.'';
       (4) by amending subparagraph (C) of subsection (a)(1) to 
     read as follows:
       ``(C) Suspension 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 make all reasonable efforts to comply with the 
     removal order, or to fully cooperate with the Secretary's 
     efforts to establish the alien's identity and carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary to the alien's 
     departure, or conspires or acts to prevent the alien's 
     removal subject to an order of removal.'';
       (5) in subsection (a)(2), by adding at the end ``If a court 
     orders a stay of removal of an alien who is subject to an 
     administratively final order of removal, the Secretary in the 
     exercise of discretion may detain the alien during the 
     pendency of such stay of removal.'';
       (6) in subsection (a)(3), by amending subparagraph (D) to 
     read as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities, or perform affirmative acts, that the 
     Secretary prescribes for the alien, in order to prevent the 
     alien from absconding, or for the protection of the 
     community, or for other purposes related to the enforcement 
     of the immigration laws.'';
       (7) in subsection (a)(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'';
       (8) by redesignating paragraph (7) of subsection (a) as 
     paragraph (10) and inserting after paragraph (6) of such 
     subsection the following new paragraphs:
       ``(7) Parole.--If an alien detained pursuant to paragraph 
     (6) is an applicant for admission, the Secretary, in the 
     Secretary's discretion, may parole the alien under section 
     212(d)(5) of this Act 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) Application of additional rules for detention or 
     release of certain aliens who have made an entry.--The rules 
     set forth in subsection (j) shall only apply with respect to 
     an alien who was lawfully admitted the most recent time the 
     alien entered the United States or has otherwise effected an 
     entry into the United States.
       ``(9) Judicial review.--Without regard to the place of 
     confinement, judicial review of any action or decision 
     pursuant to paragraphs (6), (7), or (8) or subsection (j) 
     shall be available exclusively in habeas corpus proceedings 
     instituted in the United States District Court for the 
     District of Columbia, and only if the alien has exhausted all 
     administrative remedies (statutory and regulatory) available 
     to the alien as of right.''; and
       (9) by adding at the end the following new subsection:
       ``(j) Additional Rules for Detention or Release of Certain 
     Aliens Who Have Made an Entry.--
       ``(1) Application.--The rules set forth in this subsection 
     apply in the case of an alien described in subsection (a)(8).
       ``(2) Establishment of a detention review process for 
     aliens who fully cooperate with removal.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish an administrative review process to determine 
     whether the

[[Page 4836]]

     aliens should be detained or released on conditions for 
     aliens who--
       ``(i) have made all reasonable efforts to comply with their 
     removal orders;
       ``(ii) have complied with the Secretary's efforts to carry 
     out the removal orders, including making timely application 
     in good faith for travel or other documents necessary to the 
     alien's departure; and
       ``(iii) have not conspired or acted to prevent removal.
       ``(B) Determination.--The Secretary shall make a 
     determination whether to release an alien after the removal 
     period in accordance with paragraphs (3) and (4). The 
     determination--
       ``(i) shall include consideration of any evidence submitted 
     by the alien and the history of the alien's efforts to comply 
     with the order of removal; and
       ``(ii) may include any information or assistance provided 
     by the Secretary of State or other Federal agency and any 
     other information available to the Secretary of Homeland 
     Security pertaining to the ability to remove the alien.
       ``(3) Authority to detain beyond removal period.--
       ``(A) Initial 90-day period.--The Secretary of Homeland 
     Security in the exercise of discretion, without any 
     limitations other than those specified in this section, may 
     continue to detain an alien for 90 days beyond the removal 
     period (including any extension of the removal period as 
     provided in subsection (a)(1)(C)).
       ``(B) Extension.--
       ``(i) In general.--The Secretary in the exercise of 
     discretion, without any limitations other than those 
     specified in this section, may continue to detain an alien 
     beyond the 90-day period authorized in subparagraph (A)--

       ``(I) until the alien is removed if the conditions 
     described in subparagraph (A) or (B) of paragraph (4) apply; 
     or
       ``(II) pending a determination as provided in subparagraph 
     (C) of paragraph (4).

       ``(ii) Renewal.--The Secretary may renew a certification 
     under paragraph (4)(B) every six months without limitation, 
     after providing an opportunity for the alien to request 
     reconsideration of the certification and to submit documents 
     or other evidence in support of that request. If the 
     Secretary does not renew a certification, the Secretary may 
     not continue to detain the alien under such paragraph.
       ``(iii) Delegation.--Notwithstanding section 103, the 
     Secretary may not delegate the authority to make or renew a 
     certification described in clause (ii), (iii), or (v) of 
     paragraph (4)(B) below the level of the Assistant Secretary 
     for Immigration and Customs Enforcement.
       ``(iv) Hearing.--The Secretary may request that the 
     Attorney General provide for a hearing to make the 
     determination described in clause (iv)(II) of paragraph 
     (4)(B).
       ``(4) Conditions for extension.--The conditions for 
     continuation of detention are any of the following:
       ``(A) The Secretary determines that there is a significant 
     likelihood that the alien--
       ``(i) will be removed in the reasonably foreseeable future; 
     or
       ``(ii) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the alien's 
     failure or refusal to make all reasonable efforts to comply 
     with the removal order, or to fully cooperate with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, or conspiracies or acts 
     to prevent removal.
       ``(B) The Secretary certifies in writing any of the 
     following:
       ``(i) In consultation with the Secretary of Health and 
     Human Services, 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, the release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States.
       ``(iii) Based on information available to the Secretary 
     (including available information from the intelligence 
     community, and without regard to the grounds upon which the 
     alien was ordered removed), there is reason to believe that 
     the release of the alien would threaten the national security 
     of the United States.
       ``(iv) The release of the alien will threaten the safety of 
     the community or any person, the conditions of release cannot 
     reasonably be expected to ensure the safety of the community 
     or any person, and--

       ``(I) the alien has been convicted of one or more 
     aggravated felonies described in section 101(a)(43)(A) or of 
     one or more crimes identified by the Secretary by regulation, 
     or of one or more attempts or conspiracies to commit any such 
     aggravated felonies or such crimes, for an aggregate term of 
     imprisonment of at least five years; or
       ``(II) the alien has committed one or more crimes of 
     violence and, because of a mental condition or personality 
     disorder and behavior associated with that condition or 
     disorder, the alien is likely to engage in acts of violence 
     in the future.

       ``(v) The release of the alien will threaten the safety of 
     the community or any person, conditions of release cannot 
     reasonably be expected to ensure the safety of the community 
     or any person, and the alien has been convicted of at least 
     one aggravated felony.
       ``(C) Pending a determination under subparagraph (B), if 
     the Secretary has initiated the administrative review process 
     no later than 30 days after the expiration of the removal 
     period (including any extension of the removal period as 
     provided in subsection (a)(1)(C)).
       ``(5) Release on conditions.--If it is determined that an 
     alien should be released from detention, the Secretary in the 
     exercise of discretion may impose conditions on release as 
     provided in subsection (a)(3).
       ``(6) Redetention.--The Secretary in the exercise of 
     discretion, without any limitations other than those 
     specified in this section, may again detain any alien subject 
     to a final removal order who is released from custody if the 
     alien fails to comply with the conditions of release or to 
     cooperate in the alien's removal from the United States, or 
     if, upon reconsideration, the Secretary determines that the 
     alien can be detained under paragraph (1). Paragraphs (6) 
     through (8) of subsection (a) shall apply to any alien 
     returned to custody pursuant to this paragraph, as if the 
     removal period terminated on the day of the redetention.
       ``(7) Certain aliens who effected entry.--If an alien has 
     effected an entry into the United States but has neither been 
     lawfully admitted nor physically present in the United States 
     continuously for the 2-year period immediately prior to the 
     commencement of removal proceedings under this Act or 
     deportation proceedings against the alien, the Secretary in 
     the exercise of discretion may decide not to apply subsection 
     (a)(8) and this subsection and may detain the alien without 
     any limitations except those imposed by regulation.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect upon the date of the enactment of this Act, 
     and section 241 of the Immigration and Nationality Act, as 
     amended, shall apply to--
       (1) all aliens 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
       (2) acts and conditions occurring or existing before, on, 
     or after the date of the enactment of this Act.

     SEC. 527. ALTERNATIVES TO DETENTION.

       The Secretary of Homeland Security shall implement pilot 
     programs in the 6 States with the largest estimated 
     populations of deportable aliens to study 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.

     SEC. 528. AUTHORIZATION OF APPROPRIATIONS.

       In addition to amounts otherwise authorized to be 
     appropriated, there are authorized to be appropriated such 
     sums as may be necessary for each of fiscal years 2007 
     through 2011 to carry out this title.
                                 ______
                                 
  SA 3268. Mr. GREGG (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed by him to the bill S. 2454, to amend 
the Immigration and Nationality Act to provide for comprehensive reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 324, after line 22, add the following:
       (e) Worldwide Level of Immigrants With Advanced Degrees.--
     Section 201 (8 U.S.C. 1151) is amended--
       (1) in subsection (a)(3), by inserting ``and immigrants 
     with advanced degrees'' after ``diversity immigrants''; and
       (2) by amending subsection (e) to read as follows:
       ``(e) Worldwide Level of Diversity Immigrants and 
     Immigrants With Advanced Degrees.--
       ``(1) Diversity immigrants.--The worldwide level of 
     diversity immigrants described in section 203(c)(1) is equal 
     to 18,333 for each fiscal year.
       ``(2) Immigrants with advanced degrees.--The worldwide 
     level of immigrants with advanced degrees described in 
     section 203(c)(2) is equal to 36,667 for each fiscal year.''.
       (f) Immigrants With Advanced Degrees.--Section 203 (8 
     U.S.C. 1153(c)) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``paragraph (2), aliens 
     subject to the worldwide level specified in section 201(e)'' 
     and inserting ``paragraphs (2) and (3), aliens subject to the 
     worldwide level specified in section 201(e)(1)'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) Aliens who hold an advanced degree in science, 
     mathematics, technology, or engineering.--
       ``(A) In general.--Qualified immigrants who hold a master's 
     or doctorate degree in the life sciences, the physical 
     sciences, mathematics, technology, or engineering shall be 
     allotted visas each fiscal year in a

[[Page 4837]]

     number not to exceed the worldwide level specified in section 
     201(e)(2).
       ``(B) Economic considerations.--Beginning on the date which 
     is 1 year after the date of the enactment of this paragraph, 
     the Secretary of State, in consultation with the Secretary of 
     Commerce and the Secretary of Labor, and after notice and 
     public hearing, shall determine which of the degrees 
     described in subparagraph (A) will provide immigrants with 
     the knowledge and skills that are most needed to meet 
     anticipated workforce needs and protect the economic security 
     of the United States.'';
       (D) in paragraph (3), as redesignated, by striking ``this 
     subsection'' each place it appears and inserting ``paragraph 
     (1)''; and
       (E) by amending paragraph (4), as redesignated, to read as 
     follows:
       ``(4) Maintenance of information.--
       ``(A) Diversity immigrants.--The Secretary of State shall 
     maintain information on the age, occupation, education level, 
     and other relevant characteristics of immigrants issued visas 
     under paragraph (1).
       ``(B) Immigrants with advanced degrees.--The Secretary of 
     State shall maintain information on the age, degree 
     (including field of study), occupation, work experience, and 
     other relevant characteristics of immigrants issued visas 
     under paragraph (2).''; and
       (2) in subsection (e)--
       (A) in paragraph (2), by striking ``(c)'' and inserting 
     ``(c)(1)'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) Immigrant visas made available under subsection 
     (c)(2) shall be issued as follows:
       ``(A) If the Secretary of State has not made a 
     determination under subsection (c)(2)(B), immigrant visas 
     shall be issued in a strictly random order established by the 
     Secretary for the fiscal year involved.
       ``(B) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have a degree selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall issue 
     immigrant visas only to such immigrants and in a strictly 
     random order established by the Secretary for the fiscal year 
     involved.
       ``(C) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have degrees selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is not greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall--
       ``(i) issue immigrant visas to eligible qualified 
     immigrants with degrees selected in subsection (c)(2)(B); and
       ``(ii) issue any immigrant visas remaining thereafter to 
     other eligible qualified immigrants with degrees described in 
     subsection (c)(2)(A) in a strictly random order established 
     by the Secretary for the fiscal year involved.''.
       (g) Diversity Visa Carryover.--Section 204(a)(1)(I)(ii)(II) 
     (8 U.S.C. 1154(a)(1)(I)(ii)(II)) is amended to read as 
     follows:
       ``(II) An immigrant visa made available under subsection 
     203(c) for fiscal year 2007 or any subsequent fiscal year may 
     be issued, or adjustment of status under section 245(a) may 
     be granted, to an eligible qualified alien who has properly 
     applied for such visa or adjustment of status in the fiscal 
     year for which the alien was selected notwithstanding the end 
     of such fiscal year. Such visa or adjustment of status shall 
     be counted against the worldwide levels set forth in section 
     201(e) for the fiscal year for which the alien was 
     selected.''.
       (h) Effective Date.--The amendments made by subsections (e) 
     through (g) shall take effect on October 1, 2006.
                                 ______
                                 
  SA 3269. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 333, line 5, strike ``$1,000'' and insert 
     ``$5,000''.
       On page 341, line 17, strike ``$1,000'' and insert 
     ``$10,000''.
                                 ______
                                 
  SA 3270. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 333, line 8, strike ``21'' and insert ``14''.
       On page 341, line 17, strike ``21'' and insert ``14''.
                                 ______
                                 
  SA 3271. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 333, line 5, strike ``$1,000'' and insert 
     ``$5,000''.
       On page 333, line 8, strike ``21'' and insert ``14''.
       On page 341, strike line 17 and insert the following: 
     ``least 21 years of age shall pay a fee of $10,000.''.
                                 ______
                                 
  SA 3272. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 342, strike line 25 and all that follows through 
     page 343, line 7, and insert the following: ``alien meets the 
     requirements of section 312.''.
  SA 3273. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 331, between lines 6 and 7, insert the following:
       ``(6) Medical examination.--An alien may not be granted 
     conditional nonimmigrant status under this section unless the 
     alien undergoes, at the alien's expense, an appropriate 
     medical examination (including a determination of 
     immunization status) that conforms to generally accepted 
     professional standards of medical practice.
       On page 341, strike line 23 and all that follows through 
     page 342, line 2.
                                 ______
                                 
  SA 3274. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 327, strike lines 2 through 6 and insert the 
     following:
       ``(ii) business records; or
       ``(iii) remittance records.
                                 ______
                                 
  SA 3275. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 326, strike lines 4 and 5 and insert the following:
       ``(2) Evidence of employment.--An alien
       On page 326, strike line 19 and all that follows through 
     page 327, line 6.
                                 ______
                                 
  SA 3276. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 334, strike line 7 and all that follows through 
     ``(3)'' on line 16, and insert ``(2)''.
       On page 334, line 21, strike ``(4)'' and insert ``(3)''.
                                 ______
                                 
  SA 3277. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 337, strike line 19 and all that follows through 
     ``(j)'' on page 338, line 23, and insert ``(i)''.
                                 ______
                                 
  SA 3278. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 338, strike lines 19 through 22.
                                 ______
                                 
  SA 3279. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 338, lines 17 and 18, strike ``, when such 
     information is requested in writing by such entity''.
                                 ______
                                 
  SA 3280. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 338, beginning on line 17, strike ``, when such'' 
     and all that follows through line 22.

[[Page 4838]]


                                 ______
                                 
  SA 3281. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 276, line 8, strike ``visa--'' and all that follows 
     through line 12, and insert the following: ``visa by the 
     alien's employer.''.
                                 ______
                                 
  SA 3282. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 324, strike lines 1 through 17.
                                 ______
                                 
  SA 3283. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. H-1B EMPLOYER FEE.

       Section 214(c)(9)(B) (8 U.S.C. 1184(c)(9)(B)) is amended by 
     striking ``$1,500'' and inserting ``$2,000''.
                                 ______
                                 
  SA 3284. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OFFICE OF INTERNAL CORRUPTION INVESTIGATION.

       (a) Internal Corruption; Benefits Fraud.--Section 453 of 
     the Homeland Security Act of 2002 (6 U.S.C. 273) is amended--
       (1) by striking ``the Bureau of'' each place it appears and 
     inserting ``United States'';
       (2) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) establishing the Office of Internal Corruption 
     Investigation, which shall--
       ``(A) receive, process, administer, and investigate 
     criminal and noncriminal allegations of misconduct, 
     corruption, and fraud involving any employee or contract 
     worker of United States Citizenship and Immigration Services 
     that are not subject to investigation by the Inspector 
     General for the Department;
       ``(B) ensure that all complaints alleging any violation 
     described in subparagraph (A) are handled and stored in a 
     manner appropriate to their sensitivity;
       ``(C) have access to all records, reports, audits, reviews, 
     documents, papers, recommendations, or other material 
     available to United States Citizenship and Immigration 
     Services, which relate to programs and operations for which 
     the Director is responsible under this Act;
       ``(D) request such information or assistance from any 
     Federal, State, or local governmental agency as may be 
     necessary for carrying out the duties and responsibilities 
     under this section;
       ``(E) require the production of all information, documents, 
     reports, answers, records, accounts, papers, and other data 
     and documentary evidence necessary to carry out the functions 
     under this section--
       ``(i) by subpoena, which shall be enforceable, in the case 
     of contumacy or refusal to obey, by order of any appropriate 
     United States district court; or
       ``(ii) through procedures other than subpoenas if obtaining 
     documents or information from Federal agencies;
       ``(F) administer to, or take from, any person an oath, 
     affirmation, or affidavit, as necessary to carry out the 
     functions under this section, which oath, affirmation, or 
     affidavit, if administered or taken by or before an agent of 
     the Office of Internal Corruption Investigation shall have 
     the same force and effect as if administered or taken by or 
     before an officer having a seal;
       ``(G) investigate criminal allegations and noncriminal 
     misconduct;
       ``(H) acquire adequate office space, equipment, and 
     supplies as necessary to carry out the functions and 
     responsibilities under this section; and
       ``(I) be under the direct supervision of the Director.'';
       (B) in paragraph (2), by striking ``and'' at the end;
       (C) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(4) establishing the Office of Immigration Benefits Fraud 
     Investigation, which shall--
       ``(A) conduct administrative investigations, including site 
     visits, to address immigration benefit fraud;
       ``(B) assist United States Citizenship and Immigration 
     Services provide the right benefit to the right person at the 
     right time;
       ``(C) track, measure, assess, conduct pattern analysis, and 
     report fraud-related data to the Director; and
       ``(D) work with counterparts in other Federal agencies on 
     matters of mutual interest or information-sharing relating to 
     immigration benefit fraud.''; and
       (3) by adding at the end the following:
       ``(c) Annual Report.--The Director, in consultation with 
     the Office of Internal Corruption Investigations, shall 
     submit an annual report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives that describes--
       ``(1) the activities of the Office, including the number of 
     investigations began, completed, pending, turned over to the 
     Inspector General for criminal investigations, and turned 
     over to a United States Attorney for prosecution; and
       ``(2) the types of allegations investigated by the Office 
     during the 12-month period immediately preceding the 
     submission of the report that relate to the misconduct, 
     corruption, and fraud described in subsection (a)(1).''.
       (b) Use of Immigration Fees to Combat Fraud.--Section 
     286(v)(2)(B) (8 U.S.C. 1356(v)(2)(B)) is amended by adding at 
     the end the following: ``Not less than 20 percent of the 
     funds made available under this subparagraph shall be used 
     for activities and functions described in paragraphs (1) and 
     (4) of section 453(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 273(a)).''.
                                 ______
                                 
  SA 3285. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. __. NATIONAL CENTER FOR WELCOMING NEW AMERICANS.

       (a) Establishment.--The Secretary, acting through the 
     Director of the Bureau of Citizenship and Immigration 
     Services, may establish the National Center for Welcoming New 
     Americans, an organization duly established at the University 
     of Northern Iowa.
       (b) Purposes.--The purposes of the National Center for 
     Welcoming New Americans shall be--
       (1) to promote the integration of new immigrants and 
     refugees in communities, institutions, faith-based 
     organizations, and workplaces;
       (2) to provide training to new immigrants and refugees with 
     respect to culturally appropriate social and health services;
       (3) to create publications for new immigrants and refugees, 
     United States citizens, and institutions; and
       (4) to establish a national clearinghouse to collect and 
     disseminate information relating to best practices in 
     immigrant integration in the United States and abroad.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 3286. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. leahy, 
and Mr. hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 342, strike lines 3 through 21, and insert the 
     following:
       ``(5) Payment of income taxes.--
       ``(A) In general.--Not later than the date on which status 
     is adjusted under this section, the alien establishes the 
     payment of all applicable Federal income tax liability by 
     establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all outstanding liabilities have been paid; or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       ``(B) Applicable federal income tax liability.--For 
     purposes of subparagraph (A), the term `applicable Federal 
     income tax liability' means liability for Federal income 
     taxes owed for any year during the period of employment 
     required by section 218D(b)(1)(B) for which the statutory 
     period for assessment of any deficiency for such taxes has 
     not expired.
       ``(C) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all income taxes 
     required by this paragraph.
       On page 364, strike lines 6 through 25, and insert the 
     following:
       (D) Payment of income taxes.--
       (i) In general.--Not later than the date on which an 
     alien's status is adjusted under this subsection, the alien 
     shall establish the payment of all applicable Federal income 
     tax liability by establishing that--

       (I) no such tax liability exists;
       (II) all outstanding liabilities have been paid; or

[[Page 4839]]

       (III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.

       (ii) Applicable federal income tax liability.--For purposes 
     of clause (i), the term ``applicable Federal income tax 
     liability'' means liability for Federal income taxes owed for 
     any year during the period of employment required under 
     paragraph (1)(A) for which the statutory period for 
     assessment of any deficiency for such taxes has not expired.
       (iii) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all income taxes 
     required by this subparagraph.
                                 ______
                                 
  SA 3287. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 3 and 4, insert the following:
       ``(2) Payment of income taxes.--
       ``(A) In general.--Not later than the date on which status 
     is adjusted under this section, the alien establishes the 
     payment of all applicable Federal income tax liability by 
     establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all outstanding liabilities have been paid; or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       ``(B) Applicable federal income tax liability.--For 
     purposes of subparagraph (A), the term `applicable Federal 
     income tax liability' means liability for Federal income 
     taxes owed during the period of employment required by 
     paragraph (1)(B) for which the statutory period for 
     assessment of any deficiency for such taxes has not expired.
       ``(C) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all income taxes 
     required by this paragraph.
       On page 342, strike lines 3 through 21, and insert the 
     following:
       ``(5) Payment of income taxes.--
       ``(A) In general.--Not later than the date on which status 
     is adjusted under this section, the alien establishes the 
     payment of all applicable Federal income tax liability by 
     establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all outstanding liabilities have been paid; or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       ``(B) Applicable federal income tax liability.--For 
     purposes of subparagraph (A), the term `applicable Federal 
     income tax liability' means liability for Federal income 
     taxes owed for any year during the period of employment 
     required by section 218D(b)(1)(B) for which the statutory 
     period for assessment of any deficiency for such taxes has 
     not expired.
       ``(C) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all income taxes 
     required by this paragraph.
       On page 364, strike lines 6 through 25, and insert the 
     following:
       (D) Payment of income taxes.--
       (i) In general.--Not later than the date on which an 
     alien's status is adjusted under this subsection, the alien 
     shall establish the payment of all applicable Federal income 
     tax liability by establishing that--

       (I) no such tax liability exists;
       (II) all outstanding liabilities have been paid; or
       (III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.

       (ii) Applicable federal income tax liability.--For purposes 
     of clause (i), the term ``applicable Federal income tax 
     liability'' means liability for Federal income taxes owed for 
     any year during the period of employment required under 
     paragraph (1)(A) for which the statutory period for 
     assessment of any deficiency for such taxes has not expired.
       (iii) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all income taxes 
     required by this subparagraph.
                                 ______
                                 
  SA 3288. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 340, between lines 5 and 6, insert the following:
       ``(k) Deadline for Application.--
       ``(1) Schedule to accept applications.--Not later than 90 
     days after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006, the Secretary of Homeland 
     Security shall begin accepting and processing applications 
     for conditional nonimmigrant work authorization and status 
     under this section.
       ``(2) Schedule for submission of applications.--The 
     Secretary may not grant conditional nonimmigrant work 
     authorization and status under this section to an alien 
     unless the alien submits an application for such 
     authorization and status during the 180-day period beginning 
     on the date the Secretary begins accepting applications under 
     paragraph (1).
       ``(l) Authority to Remove.--Notwithstanding any other 
     provision of law, an alien who is not lawfully present in the 
     United States who does not submit an application for 
     conditional nonimmigrant work authorization and status during 
     the period described in subsection (k)(2) shall be subject to 
     immediate removal from the United States.''.
                                 ______
                                 
  SA 3289. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 333, line 5, strike ``a $1,000 fine.'' and insert 
     ``a fine, as follows:
       (i) For an alien submitting such application during the 60-
     day period beginning on the date the Secretary begins 
     accepting such applications, the alien shall pay a fine of 
     $1000.
       (ii) For an alien submitting such application during the 
     30-day period beginning on the date the period described in 
     clause (i) ends, the alien shall pay a fine of $2000.
       (iii) For an alien submitting such application during the 
     30-day period beginning on the date the period described in 
     clause (ii) ends, the alien shall pay a fine of $3000.
       (iv) For an alien submitting such application during the 
     30-day period beginning on the date the period described in 
     clause (iii) ends, the alien shall pay a fine of $4000.
       (v) For an alien submitting such application after the date 
     the period described in clause (iv) ends, the alien shall pay 
     a fine of $5000.
                                 ______
                                 
  SA 3290. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 32, between lines 5 and 6, insert the following:
       (b) Mobile Identification System.--
       (1) Requirement for systems.--Not later than October 1, 
     2007, the Secretary shall deploy wireless, hand-held 
     biometric identification devices, interfaced with United 
     States Government immigration databases, at all United States 
     ports of entry and along the international land borders of 
     the United States.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary $10,000,000 for fiscal 
     year 2007 to carry out this subsection.
       (3) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations in paragraph (2) shall 
     remain available until expended.
                                 ______
                                 
  SA 3291. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ESTABLISHMENT OF A NATIONAL PUBLIC ACHIEVEMENT PILOT 
                   PROGRAM FOR NEW IMMIGRANTS AND CROSS-CULTURAL 
                   UNDERSTANDING.

       (a) Findings.--Congress finds that--
       (1) it is desirable to educate new immigrants about 
     American civic rights and duties;
       (2) fostering civic dialogue between new immigrants and 
     American citizens will help to bring new immigrants into the 
     fabric of the communities in which they live;
       (3) for over 15 years, the Public Achievement program at 
     the University of Minnesota has given people the opportunity 
     to be producers and creators of their communities;
       (4) through that program, participants have learned basic 
     methods for becoming civically engaged citizens;
       (5) the Public Achievement program was created in 1990 as a 
     partnership between the city of St. Paul, Minnesota and the 
     Center for Democracy and Citizenship at the Humphrey 
     Institute of Public Affairs;

[[Page 4840]]

       (6) as of the date of enactment of this Act, public 
     achievement programs have been established in the States of 
     Minnesota, New York, Colorado, Florida, New Hampshire, 
     Wisconsin, California, and Missouri;
       (7) internationally, the Public Achievement program (and 
     similar programs) are active in Northern Ireland, Turkey, 
     Palestine, Israel, Poland, Moldova, Ukraine, Romania, 
     Bulgaria, Serbia, Macedonia, Albania, Kosovo, and Scotland;
       (8) the Public Achievement program has been recognized 
     nationally as a promising model of youth civic engagement by 
     the National Commission on Civic Renewal and in the Civic 
     Mission of Schools report by the Carnegie Corporation of New 
     York and the Center for Information and Research on Civic 
     Learning and Engagement (CIRCLE);
       (9) the Public Achievement program model of civic 
     engagement can serve as a valuable model for educating new 
     immigrants about their civic rights and duties;
       (10) working alongside American-born citizens to practice 
     the skills of citizenship, new immigrants involved in public 
     achievement programs will begin to understand and embrace 
     American civic values;
       (11) through public achievement programs, American citizens 
     will put their values into action and gain understanding of 
     and appreciation for new cultures; and
       (12) through public work and reflection, immigrants and 
     American citizens will form ideas about freedom, democracy, 
     citizenship, and other ideals that are at the core of 
     American society.
       (b) Establishment.--The Director of the Bureau of 
     Citizenship and Immigration Services shall establish a 
     National Public Achievement Pilot Program for new immigrants 
     and cross-cultural understanding that is carried out at 
     elementary, middle, and high schools in the United States for 
     the purposes described in subsection (c).
       (c) Purposes.--The purposes of the National Public 
     Achievement Pilot Program for new immigrants and cross-
     cultural understanding shall be--
       (1) to develop civic skills and engage immigrants and 
     American citizens in creative opportunities for enhancing 
     public life;
       (2) to promote sustained productive efforts between people 
     of different backgrounds, views, and interests;
       (3) to educate new immigrant groups regarding methods to 
     become involved in local and national civics, while teaching 
     others about the culture of such groups; and
       (4) to enable American citizens and immigrants to work with 
     civic, educational, community-based, and faith-based 
     organizations dedicated to creating a broad culture of 
     citizenship, civic renewal, and intercultural understanding.
                                 ______
                                 
  SA 3292. Mr. COLEMAN submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page _, between lines _ and _, insert the following:

     SEC. ___. ACCESS FOR SHORT-TERM STUDY.

       (a) Reduced Fee for Short-Term Study.--
       (1) In general.--Section 641(e)(4)(A) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1372(e)(4)(A)) is amended by striking the second 
     sentence and inserting ``Except as provided in subsection 
     (g)(2), the fee imposed on any individual may not exceed 
     $100, except that in the case of an alien admitted under 
     subparagraph (J) of section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) as an au pair, camp 
     counselor, or participant in a summer work travel program, 
     the fee shall not exceed $35 and that in the case of an alien 
     admitted under subparagraph (F) of such section 101(a)(15) 
     for a program that will not exceed 90 days, the fee shall not 
     exceed $35.''.
       (2) Technical amendments.--Such section 641(e)(4)(A) is 
     further amended--
       (A) in the first sentence, by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security''; and
       (B) in the third sentence, by striking ``Attorney 
     General's'' and inserting ``Secretary's''.
       (b) Recreational Courses.--Notwithstanding any other 
     provision of law, not later than 60 days after the date of 
     enactment of this Act, the Secretary of State shall issue 
     appropriate guidance to consular officers in order to give 
     appropriate discretion, according to criteria developed at 
     each post and approved by the Secretary of State, so that a 
     course of a duration no more than 1 semester (or its 
     equivalent), and not awarding certification, license or 
     degree, is considered recreational in nature for purposes of 
     determining appropriateness for visitor status.
       (c) Language Training Programs.--
       (1) Requirement for accreditation.--Section 
     101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended by 
     striking ``a language'' and inserting ``an accredited 
     language''.
       (2) Requirement for regulations.--Not later than 6 months 
     after the date of the enactment of this Act, the Secretary 
     shall issue regulations to carry out the amendment made by 
     paragraph (1). Such regulations shall--
       (A) except as provided in subparagraphs (C) and (D), 
     require that an accredited language training program 
     described in section 101(a)(15)(F)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) be accredited by 
     an accrediting agency recognized by the Secretary of 
     Education;
       (B) require that if such an accredited language training 
     program provides intensive language training, the head of 
     such program provide the Secretary with documentation 
     regarding the specific subject matter for which the program 
     is accredited;
       (C) permit an alien admitted as a nonimmigrant under such 
     section 101(a)(15)(F)(i) to participate in a language 
     training program that is not accredited as described in 
     subparagraph (A) during the 2-year period beginning on the 
     date of the enactment of this Act; and
       (D) permit a language training program established after 
     the date of the enactment of this Act and that is not 
     accredited as described in subparagraph (A) to qualify as an 
     accredited language training program under such section 
     101(a)(15)(F)(i) during the 2-year period beginning on the 
     date such language training program is established.
                                 ______
                                 
  SA 3293. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ENHANCED PENALTIES FOR SLAVERY.

       Chapter 77 of title 18, United States Code, is amended--
       (1) in section 1581(a), by striking ``or if'' and inserting 
     ``the defendant shall be fined under this title, punished by 
     death or a term of imprisonment of not less than 10 years and 
     not more than life, or both. If'';
       (2) in section 1583, by striking ``or if'' and inserting 
     ``the defendant shall be fined under this title, punished by 
     death or a term of imprisonment of not less than 10 years and 
     not more than life, or both. If'';
       (3) in section 1584, by striking ``or if'' and inserting 
     ``the defendant shall be fined under this title, punished by 
     death or a term of imprisonment of not less than 10 years and 
     not more than life, or both. If'';
       (4) in section 1589, by striking ``or if'' and inserting 
     ``the defendant shall be fined under this title, punished by 
     death or a term of imprisonment of not less than 10 years and 
     not more than life, or both. If'';
       (5) in section 1590, by striking ``or if'' and inserting 
     ``the defendant shall be fined under this title, punished by 
     death or a term of imprisonment of not less than 10 years and 
     not more than life, or both. If''; and
       (6) in section 1591(b)--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (B) by inserting before paragraph (2) (as redesignated by 
     subparagraph (A)) the following:
       ``(1) if the offense resulted in the death of the victim, a 
     fine under this title, death or imprisonment for not less 
     than 30 years and not more than life, or both;''.
                                 ______
                                 
  SA 3294. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON PAYMENT OF SOCIAL SECURITY BENEFITS 
                   BASED ON QUARTERS OF COVERAGE EARNED BY AN 
                   INDIVIDUAL WHO IS NOT A UNITED STATES CITIZEN 
                   OR NATIONAL WHILE THAT INIDIVIDUAL IS NOT 
                   AUTHORIZED TO WORK IN THE UNITED STATES.

       (a) In General.--Section 213(a)(2)(B)(i) of the Social 
     Security Act (42 U.S.C. 413(a)(2)(B)(i)) is amended--
       (1) by striking ``and no quarter'' and inserting ``, no 
     quarter''; and
       (2) by inserting before the semicolon the following: ``, 
     and no quarter any part of which includes wages paid to an 
     individual or self-employment income earned by an individual 
     while the individual was not assigned a social security 
     account number consistent with the requirements of subclause 
     (I) or (III) of section 205(c)(2)(B)(i) or was not described 
     in section 214(c)(2) shall be a quarter of coverage''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to applications for benefits under title II of 
     the Social Security Act (42 U.S.C. 401 et seq.) filed on or 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 3295. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and

[[Page 4841]]

for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $500,000,000 for 
     each of the fiscal years 2007 through 2011 to reimburse 
     States that use the National Guard to secure their borders, 
     provided that not more than $100,000,000 may be paid to any 
     one State in a fiscal year. Not less than 20% of the money 
     appropriated in any given year shall be available to states 
     along the Northern border of the United States.
                                 ______
                                 
  SA 3296. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SUFFIEIENCY OF REVENUE FOR ENFORCEMENT.

       Notwithstanding any other provision of law, any fee 
     required to be paid pursuant to this Act or an amendment made 
     by this Act, shall be deposited in a special account in the 
     Treasury to be available to the Secretary to implement the 
     provisions of this Act without further appropriations and 
     shall remain available until expended.
                                 ______
                                 
  SA 3297. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                    TITLE __--BORDER HEALTH SECURITY

     SEC. __01. SHORT TITLE.

       This Act may be cited as the ``Border Health Security Act 
     of 2006''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Border area.--The term ``border area'' has the meaning 
     given the term ``United States-Mexico Border Area'' in 
     section 8 of the United States-Mexico Border Health 
     Commission Act (22 U.S.C. 290n-6).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. __03. BORDER BIOTERRORISM PREPAREDNESS GRANTS.

       (a) Eligible Entity Defined.--In this section, the term 
     ``eligible entity'' means a State, local government, tribal 
     government, or public health entity.
       (b) Authorization.--From funds appropriated under 
     subsection (e), the Secretary shall award grants to eligible 
     entities for bioterrorism preparedness in the border area.
       (c) Application.--An eligible entity that desires a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       (d) Uses of Funds.--An eligible entity that receives a 
     grant under subsection (b) shall use the grant funds to--
       (1) develop and implement bioterror preparedness plans and 
     readiness assessments and purchase items necessary for such 
     plans;
       (2) coordinate bioterrorism and emergency preparedness 
     planning in the region;
       (3) improve infrastructure, including syndrome surveillance 
     and laboratory capacity;
       (4) create a health alert network, including risk 
     communication and information dissemination;
       (5) educate and train clinicians, epidemiologists, 
     laboratories, and emergency personnel; and
       (6) carry out such other activities identified by the 
     Secretary, the United States-Mexico Border Health Commission, 
     State and local public health offices, and border health 
     offices.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     fiscal year 2007 and such sums as may be necessary for each 
     succeeding fiscal year.

     SEC. __04. BORDER HEALTH DEMONSTRATION PROJECTS.

       (a) Eligible Entity Defined.--In this section, the term 
     ``eligible entity'' means a State, public institution of 
     higher education, local government, tribal government, 
     nonprofit health organization, or community health center 
     receiving assistance under section 330 of the Public Health 
     Service Act (42 U.S.C. 254b), that is located in the border 
     area.
       (b) Authorization.--From funds appropriated under 
     subsection (f), the Secretary, acting through the United 
     States members of the United States-Mexico Border Health 
     Commission, shall award grants to eligible entities to fund 
     demonstration projects to address priorities and 
     recommendations to improve the health of border area 
     residents that are established by--
       (1) the United States members of the United States-Mexico 
     Border Health Commission;
       (2) the State border health offices; and
       (3) the Secretary.
       (c) Application.--An eligible entity that desires a grant 
     under subsection (b) shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       (d) Use of Funds.--An eligible entity that receives a grant 
     under subsection (b) shall use the grant funds for--
       (1) demonstration programs relating to--
       (A) maternal and child health;
       (B) primary care and preventative health;
       (C) public health and public health infrastructure;
       (D) health promotion;
       (E) oral health;
       (F) behavioral and mental health;
       (G) substance abuse;
       (H) health conditions that have a high prevalence in the 
     border area;
       (I) medical and health services research;
       (J) workforce training and development;
       (K) community health workers or promotoras;
       (L) health care infrastructure problems in the border area 
     (including planning and construction grants);
       (M) health disparities in the border area;
       (N) environmental health;
       (O) health education; and
       (P) outreach and enrollment services with respect to 
     Federal programs (including programs authorized under titles 
     XIX and XXI of the Social Security Act (42 U.S.C. 1396 and 
     1397aa)); and
       (2) other demonstration programs determined appropriate by 
     the Secretary.
       (e) Supplement, Not Supplant.--Amounts provided to an 
     eligible entity awarded a grant under subsection (b) shall be 
     used to supplement and not supplant other funds available to 
     the eligible entity to carry out the activities described in 
     subsection (d).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each fiscal year.

     SEC. __05. PROVISION OF RECOMMEDATIONS AND ADVICE TO 
                   CONGRESS.

       Section 5 of the United States-Mexico Border Health 
     Commission Act (22 U.S.C. 290n-3) is amended by adding at the 
     end the following:
       ``(d) Providing Advice and Recommendations to Congress.--A 
     member of the Commission, or an individual who is on the 
     staff of the Commission, may at any time provide advice or 
     recommendations to Congress concering issues that are 
     considered by the Commission. Such advice or recommendations 
     may be provided whether or not a request for such is made by 
     a member of Congress and regardless of whether the member or 
     individual is authorized to provide such advice or 
     recommendations by the Commission or any other Federal 
     official.''.

     SEC. __06. BINATIONAL PUBLIC HEALTH INFRASTRUCTURE AND HEALTH 
                   INSURANCE.

       (a) In General.--The Secretary of Health and Human Services 
     shall enter into a contract with the Institute of Medicine 
     for the conduct of a study concerning binational public 
     health infrastructure and health insurance efforts. In 
     conducting such study, the Institute shall solicit input from 
     border health experts and health insurance issuers.
       (b) Report.--Not later than 1 year after the date on which 
     the Secretary of Health and Human Services enters into the 
     contract under subsection (a), the Institute of Medicine 
     shall submit to the Secretary and the appropriate committees 
     of Congress a report concerning the study conducted under 
     such contract. Such report shall include the recommendations 
     of the Institute on ways to expand or improve binational 
     public health infrastructure and health insurance efforts.
                                 ______
                                 
  SA 3298. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill S. 2454, to amend 
the Immigration and Nationality Act to provide for comprehensive reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. TEMPORARY ADMITTANCE OF MEXICAN NATIONALS WITH 
                   BORDER CROSSING CARDS.

       The Secretary shall permit a national of Mexico, who enters 
     the United States with a valid Border Crossing Card (as 
     described in section 212.1(c)(1)(i) of title 8, Code of 
     Federal Regulations, as in effect on the date of the 
     enactment of this Act), and who is admitted to the United 
     States at the Columbus, Santa Teresa, or Antelope Wells port 
     of entry in New Mexico, to remain in New Mexico (within 75 
     miles of the international border between the United States 
     and Mexico) for a period not to exceed 30 days.
                                 ______
                                 
  SA 3299. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page 4842]]



     SEC. __. PROTECTION OF THE INTEGRITY OF THE SOCIAL SECURITY 
                   SYSTEM.

       (a) Transmittal and Approval of Totalization Agreements.--
       (1) In general.--Section 233(e) of the Social Security Act 
     (42 U.S.C. 433(e)) is amended to read as follows:
       ``(e)(1) Any agreement to establish a totalization 
     arrangement which is entered into with another country under 
     this section shall enter into force with respect to the 
     United States if (and only if)--
       ``(A) the President, at least 90 calendar days before the 
     date on which the President enters into the agreement, 
     notifies each House of the Congress of the President's 
     intention to enter into the agreement, and promptly 
     thereafter publishes notice of such intention in the Federal 
     Register,
       ``(B) the President transmits the text of such agreement to 
     each House of the Congress as provided in paragraph (2), and
       ``(C) an approval resolution regarding such agreement has 
     passed both Houses of the Congress and has been enacted into 
     law.
       ``(2)(A) Whenever an agreement referred to in paragraph (1) 
     is entered into, the President shall transmit to each House 
     of the Congress a document setting forth the final legal text 
     of such agreement and including a report by the President in 
     support of such agreement. The President's report shall 
     include the following:
       ``(i) an estimate by the Chief Actuary of the Social 
     Security Administration of the effect of the agreement, in 
     the short term and in the long term, on the receipts and 
     disbursements under the social security system established by 
     this title;
       ``(ii) a statement of any administrative action proposed to 
     implement the agreement and how such action will change or 
     affect existing law,
       ``(iii) a statement describing whether and how the 
     agreement changes provisions of an agreement previously 
     negotiated,
       ``(iv) a statement describing how and to what extent the 
     agreement makes progress in achieving the purposes, policies, 
     and objectives of this title,
       ``(v) an estimate of the number of individuals who will be 
     affected by the agreement,
       ``(vi) an assessment of the integrity of the retirement 
     data and records (including birth, death, and marriage 
     records) of the other country that is the subject of the 
     agreement, and
       ``(vii) an assessment of ability of such country to track 
     and monitor recipients of benefits under such agreement.
       ``(B) If any separate agreement or other understanding with 
     another country (whether oral or in writing) relating to an 
     agreement to establish a totalization arrangement under this 
     section is not disclosed to the Congress in the transmittal 
     to the Congress under this paragraph of the agreement to 
     establish a totalization arrangement, then such separate 
     agreement or understanding shall not be considered to be part 
     of the agreement approved by the Congress under this section 
     and shall have no force and effect under United States law.
       ``(3) For purposes of this subsection, the term `approval 
     resolution' means a joint resolution, the matter after the 
     resolving clause of which is as follows: `That the proposed 
     agreement entered into pursuant to section 233 of the Social 
     Security Act between the United States and _______ 
     establishing totalization arrangements between the social 
     security system established by title II of such Act and the 
     social security system of _______, transmitted to the 
     Congress by the President on ______, is hereby approved.', 
     the first two blanks therein being filled with the name of 
     the country with which the United States entered into the 
     agreement, and the third blank therein being filled with the 
     date of the transmittal of the agreement to the Congress.
       ``(4) Whenever a document setting forth an agreement 
     entered into under this section and the President's report in 
     support of the agreement is transmitted to the Congress 
     pursuant to paragraph (2), copies of such document shall be 
     delivered to both Houses of Congress on the same day and 
     shall be delivered to the Clerk of the House of 
     Representatives if the House is not in session and to the 
     Secretary of the Senate if the Senate is not in session.
       ``(5) On the day on which a document setting forth the 
     agreement is transmitted to the House of Representatives and 
     the Senate pursuant to paragraph (1), an approval resolution 
     with respect to such agreement shall be introduced (by 
     request) in the House by the majority leader of the House, 
     for himself or herself and the minority leader of the House, 
     or by Members of the House designated by the majority leader 
     and minority leader of the House; and shall be introduced (by 
     request) in the Senate by the majority leader of the Senate, 
     for himself or herself and the minority leader of the Senate, 
     or by Members of the Senate designated by the majority leader 
     and minority leader of the Senate. If either House is not in 
     session on the day on which such an agreement is transmitted, 
     the approval resolution with respect to such agreement shall 
     be introduced in that House, as provided in the proceeding 
     sentence, on the first day thereafter on which that House is 
     in session. The resolution introduced in the House of 
     Representatives shall be referred to the Committee on Ways 
     and Means and the resolution introduced in the Senate shall 
     be referred to the Committee on Finance.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply with respect to agreements establishing 
     totalization arrangements entered into under section 233 of 
     the Social Security Act which are transmitted to the Congress 
     on or after April 1, 2006.
       (b) Biennial GAO Report on Impact Totalization 
     Agreements.--Section 233(e) of the Social Security Act (42 
     U.S.C. 433(e)), as amended by subsection (a)(1), is amended 
     by adding at the end the following new paragraph:
       ``(6) Not later than January 1, 2007, and biennially 
     thereafter, the Comptroller General of the United States 
     shall submit a report to Congress and the President with 
     respect to each such agreement that has become effective 
     that--
       ``(A) compares the estimates, statements, and assessments 
     contained in the report submitted to Congress under paragraph 
     (2) with respect to that agreement with the actual number of 
     individuals affected by the agreement and the actual effect 
     of the agreement on the estimated income and expenditures of 
     the social security system established by this title; and
       ``(B) contains such recommendations for adjusting the 
     methods used to make the estimates, statements, and 
     assessments required for reports submitted under paragraph 
     (2) as the Comptroller General determines necessary.''.
                                 ______
                                 
  SA 3300. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 221 of the amendment, strike line 23 and 
     all that follows through page 225, line 16 and insert the 
     following:

     SEC. 401. STUDY AND REPORT ON IMMIGRATION.

       (a) In General.--Notwithstanding any other provision of 
     this Act, titles IV, V, and VI shall not take effect until 
     the date that is 30 days after the date that the report 
     required by subsection (c)(3) is submitted to the appropriate 
     congressional committees.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Appropriations, the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on the Judiciary of the Senate and the Committee on 
     Appropriations, the Committee on Homeland Security, and the 
     Committee on the Judiciary of the House of Representatives.
       (c) Study and Report.--
       (1) Study.--The Secretary shall conduct a study of--
       (A) the impacts to the infrastructure of the United States 
     and quality of life of the people of the United States of--
       (i) policies related to the admission of aliens to the 
     United States and to changes in immigration status of aliens 
     in the United States; and
       (ii) the entry of aliens into the United States illegally; 
     and
       (B) the changes to such impacts that may result from any 
     proposal to increase in the number of such admissions, 
     changes in immigration status, or entries.
       (2) Consultation.--The Secretary shall consult with the 
     Secretaries of Agriculture, Commerce, Education, Energy, 
     Health and Human Services, Housing and Urban Development, the 
     Interior, Justice, Labor, Transportation, and the Treasury 
     and the Administrator of the Environmental Protection Agency 
     in conducting the study required by paragraph (1).
       (3) Report.--Not later than 150 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a report, after the 
     Comptroller General of the United States has reviewed such 
     report, on the findings of the study required by paragraph 
     (1). The report shall include the following:
       (A) An estimate of the populations of legal and illegal 
     immigrants in the United States as a percentage of the total 
     population of the United States, and the manner in which the 
     provisions of this Act and any amendments made by this Act 
     may affect such percentage.
       (B) The projected impact of legal and illegal immigration 
     on the size of the total population of the United States 
     during the 50-year period beginning on the date of enactment 
     of this Act, including such impact to the regions of the 
     United States that are likely to experience the largest 
     increases in immigration and the manner in which the 
     provisions of this Act and any amendments made by this Act 
     may affect such impact.
       (C) An assessment of the impacts of the admission of aliens 
     to the United States, and the entry of aliens into the United 
     States illegally, as of the date of enactment of this Act, 
     and an assessment of the changes to such impacts that may 
     result from the provisions of this Act and any amendments 
     made by this Act that increase the number of such

[[Page 4843]]

     admissions, with respect to each of the following:
       (i) The natural environment of the United States, including 
     the consumption of nonrenewable resources, waste production 
     and disposal, the emission of pollutants, and the loss of 
     habitat and productive farmland, including an estimate of the 
     public expenditures required to maintain standards in each 
     such area, and the degree to which standards will deteriorate 
     if such expenditures are not made.
       (ii) The rates of employment and wages in the United 
     States, particularly in industries that historically have 
     employed large numbers of alien workers, and an estimate of 
     the public costs associated with any decrease to such rates.
       (iii) The need for additions and improvements to the 
     transportation infrastructure of the United States, an 
     estimate of the public expenditures required to meet such 
     need, and the impact on the mobility of people in the United 
     States if such expenditures are not made.
       (iv) The quality of education in the United States, 
     including the ability to enroll in school, and to maintain 
     class size, teacher-student ratios, and the quality of 
     education in public schools, an estimate of the public 
     expenditures required to maintain median standards in such 
     areas, and the degree to which such standards will 
     deteriorate if such expenditures are not made.
       (v) The rates of homeownership, cost of housing, and the 
     demand for low-income and subsidized housing in the United 
     States, the public expenditures required to maintain median 
     standards in such areas, and the degree to which such 
     standards will deteriorate if such expenditures are not made.
       (vi) The cost of health care and health insurance and the 
     ability to access to quality health care in the United 
     States, an estimate of the public expenditures required to 
     maintain median standards in such areas, and the degree to 
     which such standards will deteriorate if such expenditures 
     are not made.
       (vii) The effectiveness of the criminal justice system in 
     the United States and an estimate of the public expenditures 
     associated with the criminal justice system.
       (D) The comments of the Comptroller General of the United 
     States.
                                 ______
                                 
  SA 3301. Ms. CANTWELL (for herself, Mr. Crapo, Mr. Jeffords, Mr. 
Craig, Mrs. Murray, Mr. Baucus, and Mr. Levin) submitted an amendment 
intended to be proposed to amendment SA 3192 submitted by Mr. Specter 
(for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend 
the immigration and Nationality Act to provide for comprehensive reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. NORTHERN BORDER PROSECUTION INITIATIVE.

       (a) Initiative Required.--
       (1) In general.--From amounts made available to carry out 
     this section, the Attorney General, acting through the 
     Director of the Bureau of Justice Assistance of the Office of 
     Justice Programs, shall establish and carry out a program, to 
     be known as the Northern Border Prosecution Initiative, to 
     provide funds to reimburse eligible northern border entities 
     for costs incurred by those entities for handling case 
     dispositions of criminal cases that are federally initiated 
     but federally declined-referred.
       (2) Relation with southwestern border prosecution 
     initiative.--The program established in paragraph (1) shall--
       (A) be modeled after the Southwestern Border Prosecution 
     Initiative; and
       (B) serve as a partner program to that initiative to 
     reimburse local jurisdictions for processing Federal cases.
       (b) Provision and Allocation of Funds.--Funds provided 
     under the program established in subsection (a) shall be--
       (1) provided in the form of direct reimbursements; and
       (2) allocated in a manner consistent with the manner under 
     which funds are allocated under the Southwestern Border 
     Prosecution Initiative.
       (c) Use of Funds.--Funds provided to an eligible northern 
     border entity under this section may be used by the entity 
     for any lawful purpose, including:
       (1) Prosecution and related costs.
       (2) Court costs.
       (3) Costs of courtroom technology.
       (4) Costs of constructing holding spaces.
       (5) Costs of administrative staff.
       (6) Costs of defense counsel for indigent defendants.
       (7) Detention costs, including pre-trial and post-trial 
     detention.
       (d) Definitions.--In this section:
       (1) Case disposition.--The term ``case disposition''--
       (A) for purposes of the Northern Border Prosecution 
     Initiative, refers to the time between the arrest of a 
     suspect and the resolution of the criminal charges through a 
     county or State judicial or prosecutorial process; and
       (B) does not include incarceration time for sentenced 
     offenders, or time spent by prosecutors on judicial appeals.
       (2) Eligible northern border entity.--The term ``eligible 
     northern border entity'' means--
       (A) the States of Alaska, Idaho, Maine, Michigan, 
     Minnesota, Montana, New Hampshire, New York, North Dakota, 
     Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; or
       (B) any unit of local government within a State referred to 
     in subparagraph (A).
       (3) Federally declined-referred.--The term ``federally 
     declined-referred''--
       (A) means, with respect to a criminal case, that a decision 
     has been made in that case by a United States Attorney or a 
     Federal law enforcement agency during a Federal investigation 
     to no longer pursue Federal criminal charges against a 
     defendant and to refer such investigation to a State or local 
     jurisdiction for possible prosecution; and
       (B) includes a decision made on an individualized case-by-
     case basis as well as a decision made pursuant to a general 
     policy or practice or pursuant to prosecutorial discretion.
       (4) Federally initiated.--The term ``federally initiated'' 
     means, with respect to a criminal case, that the case results 
     from a criminal investigation or an arrest involving Federal 
     law enforcement authorities for a potential violation of 
     Federal criminal law, including investigations resulting from 
     multi-jurisdictional task forces.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $28,000,000 for 
     fiscal year 2006 and such sums as may be necessary for fiscal 
     years thereafter.
                                 ______
                                 
  SA 3302. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 286, between lines 21 and 22, insert the following 
     new section:

     SEC. 412. GLOBAL HEALTHCARE COOPERATION.

       (a) Global Healthcare Cooperation.--Title III (8 U.S.C. 
     1401 et seq.) is amended by inserting after section 317 the 
     following:

     ``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTHCARE 
                   IN DEVELOPING COUNTRIES.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of Homeland Security shall allow an 
     eligible alien to reside in a candidate country during the 
     period the eligible alien is working as a health care worker 
     in a candidate country and the eligible alien and the spouse 
     or child of the eligible alien who are absent from the United 
     States during the period the eligible alien is working as a 
     health care worker in a candidate country, shall be 
     considered, during such period--
       ``(1) to be physically present and residing in the United 
     States for purposes of naturalization under section 316(a); 
     and
       ``(2) to meet the continuous residency requirements under 
     section 316(b).
       ``(b) Definitions.--In this section:
       ``(1) Candidate country.--The term `candidate country' 
     means a country that the Secretary of State determines is--
       ``(A) eligible for assistance from the International 
     Development Association, in which the per capita income of 
     the country is equal to or less than the historical ceiling 
     of the International Development Association for the fiscal 
     year involved, as defined by the International Bank for 
     Reconstruction and Development;
       ``(B) classified as a lower middle income country in the 
     then most recent edition of the World Development Report for 
     Reconstruction and Development published by the International 
     Bank for Reconstruction and Development and having an income 
     greater than the historical ceiling for International 
     Development Association eligibility for the fiscal year 
     involved; or
       ``(C) qualifies to be a candidate country due to special 
     circumstances, including natural disasters or public health 
     emergencies.
       ``(2) Eligible alien.--The term `eligible alien' means an 
     alien who--
       ``(A) has been lawfully admitted to the United States for 
     permanent residence;
       ``(B) is a health care worker; and
       ``(C) demonstrates an ability and willingness to reside in 
     certain candidate countries and work as a health care 
     professional.
       ``(c) Family Members.--Notwithstanding any other provision 
     of this Act, an eligible alien and the spouse or child of an 
     eligible alien may--
       ``(1) reside outside the United States during the time the 
     eligible alien is working as a health care professional in a 
     candidate country; and
       ``(2) reenter the United States.
       ``(d) Duration.--
       ``(1) In general.--Except as provided under paragraph (2), 
     an eligible alien may work in a candidate country as 
     described in subsection (a) for a period of not more than 24 
     months.
       ``(2) Extension of time.--The Secretary of Homeland 
     Security may extend the 24-month period referred to in 
     paragraph (1) if the Secretary determines that--
       ``(A) the extension is in the national interest of the 
     United States; or

[[Page 4844]]

       ``(B) other extraordinary circumstances warrant the 
     extension.
       ``(e) Consultation With the Secretary of State.--The 
     Secretary of Homeland Security shall consult with the 
     Secretary of State in carrying out this subsection.
       ``(f) Publication.--The Secretary of State shall publish--
       ``(1) not later than 6 months after the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006, and annually thereafter, a list of candidate countries; 
     and
       ``(2) an amendment to such list at any time to include any 
     country that qualifies as a candidate country due to special 
     circumstances under subsection (b)(1)(C).''.
       (b) Table of Contents.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 317 
     the following:

``Sec. 317A. Temporary absence of persons participating in the Global 
              Healthcare Cooperation Program.''.

       (c) Rulemaking.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section and the amendments made 
     by this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Bureau of Citizenship and 
     Immigration Services for each of the fiscal years 2007 and 
     2008, such sums as may be necessary to carry out this section 
     and the amendments made by this section.

     SEC. 413. ATTESTATION BY HEALTH CARE WORKERS.

       Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by 
     adding at the end the following new subparagraph:
       ``(E) Health care workers with other obligations.--
       ``(i) In general.--An alien who seeks to enter the United 
     States for the purpose of performing labor as a health care 
     worker, including a physician, is inadmissible unless the 
     alien submits to the Secretary of Homeland Security or the 
     Secretary of State, as appropriate, an attestation that the 
     alien is not seeking to enter the United States for such 
     purpose during any period that the alien is obligated to 
     perform labor as a health care worker in another country, 
     such as an obligation undertaken in a contract of service 
     agreed to as part of the alien's education or training.
       ``(ii) Waiver.--The Secretary of Homeland Security may 
     waive a finding of inadmissibility under clause (i) if the 
     Secretary determines that an obligation under clause (i) was 
     incurred involuntarily, under coercion, or in other 
     extraordinary circumstances.''.
                                 ______
                                 
  SA 3303. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 99, strike lines 12 through 16 and insert the 
     following:
       ``(4) Attempt.--Whoever attempts to commit
                                 ______
                                 
  SA 3304. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 273, strike lines 14 through 17 and insert the 
     following:
       (1) in subparagraph (A)(ix) (as added by section 
     508(c)(1)(B)(ii)), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(C) under section 101(a)(15)(H)(ii)(a) may not exceed 
     90,000; and
       ``(D) under section 101(a)(15)(H)(ii)(c)
                                 ______
                                 
  SA 3305. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 99, strike lines 12 through 15 and insert the 
     following:
       ``(4) Duration of offense.--
       ``(A) In general.--An offense under this subsection 
     continues until the alien is discovered within the United 
     States by an immigration officer.
       ``(B) Applicability.--Subparagraph (A) shall apply only to 
     offenses that occur after the date of enactment of this Act.
                                 ______
                                 
  SA 3306. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 287 of the amendment, strike line 6 and 
     all that follows through page 294, line 4.
                                 ______
                                 
  SA 3307. Mr. THOMAS submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. BORDER SECURITY ON CERTAIN FEDERAL LAND.

       (a) Support for Border Security Needs.--
       (1) In general.--To gain operational control over the 
     international land borders of the United States and to 
     prevent the entry of terrorists, unlawful aliens, narcotics, 
     and other contraband into the United States, the Secretary, 
     in cooperation with the Secretary of the Interior, shall 
     provide--
       (A) increased Customs and Border Protection personnel to 
     secure Federal land and units of the National Park System 
     along the international land borders of the United States;
       (B) Federal land resource training for Customs and Border 
     Protection agents dedicated to Federal land; and
       (C) Unmanned Aerial Vehicles, aerial assets, Remote Video 
     Surveillance camera systems, and sensors on land under the 
     jurisdiction of the Department of the Interior that is 
     directly adjacent to the international land border of the 
     United States, with priority given to units of the National 
     Park System.
       (2) Coordination.--In providing training for Customs and 
     Border Protection agents under paragraph (1)(B), the 
     Secretary shall coordinate with the Secretary of the Interior 
     to ensure that the training is appropriate to the mission of 
     the National Park Service or the relevant agency of the 
     Department of the Interior to minimize the adverse impact on 
     natural and cultural resources from border protection 
     activities.
       (b) Inventory of Costs and Activities.--The Secretary of 
     the Interior shall develop and submit to the Secretary an 
     inventory of costs incurred by the National Park Service 
     relating to illegal border activity, including the cost of 
     equipment, training, recurring maintenance, construction of 
     facilities, restoration of natural and cultural resources, 
     recapitalization of facilities, and operations.
       (c) Recommendations.--The Secretary shall--
       (1) develop joint recommendations with the National Park 
     Service for an appropriate cost recovery mechanism relating 
     to items identified in subsection (b); and
       (2) not later than March 31, 2007, submit to the 
     appropriate congressional committees (as defined in section 2 
     of the Homeland Security Act of 2002 (6 U.S. C. 101)), 
     including the Subcommittee on National Parks of the Senate 
     and the Subcommittee on National Parks, Recreation and Public 
     Lands of the House of Representatives, the recommendations 
     developed under paragraph (1).
       (d) Border Protection Strategy.--The Secretary and the 
     Secretary of the Interior shall jointly develop a border 
     protection strategy that supports the border security needs 
     of the United States in the manner that best protects--
       (1) units of the National Park System;
       (2) land under the jurisdiction of the United States Fish 
     and Wildlife Service; and
       (3) other relevant land under the jurisdiction of the 
     Department of the Interior.
                                 ______
                                 
  SA 3308. Mr. CORNYN (for himself, and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the bill S. 2454, to amend the 
Immigration and Nationality Act to provide for comprehensive reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 6, strike line 9 and all that follows through page 
     221, line 18 and insert the following:
                                 ______
                                 
  SA 3309. Mr. CORNYN (for himself, and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the bill S. 2454, to amend the 
Immigration and Nationality Act to provide for comprehensive reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 333, strike line 13 and all that follows 
     through page 335, line 11, and insert the following:
       ``(g) Treatment of Applicatns During Removal Proceedings.--
     Notwithstanding any provision of this Act, an alien who is in 
     removal proceedings shall have an opportunity to apply for a 
     grant of status under this title unless a final 
     administrative determination has been made.
                                 ______
                                 
  SA 3310. Mr. CORNYN (for himself, and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the bill S. 2454, to amend the 
Immigration and Nationality Act to provide for

[[Page 4845]]

comprehensive reform and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 337, strike line 19 and all that follows 
     through page 338, line 22.
                                 ______
                                 
  SA 3311. Mr. KYL (for himself, and Mr. Cornyn) submitted an amendment 
intended to be proposed by him to the bill S. 2454, to amend the 
Immigration and Nationality Act to provide for comprehensive reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 276, strike line 4 and all that follows 
     through page 277, line 21, and insert the following:
       ``(n) Notwithstanding any other provision of this Act, an 
     alien having nonimmigrant status described in section 
     101(a)(15)(H)(ii)(c) is ineligible for and may not apply for 
     adjustment of status under this section on the basis of such 
     status.''.

                          ____________________