[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Senate]
[Pages 5595-5687]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3427. 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:

       In title I, at the end of subtitle B, add the following:

     SEC. __. SOUTHWEST BORDER SECURITY TASK FORCE.

       (a) Short Title.--This section may be cited as the 
     ``Southwest Border Security Task Force Act of 2006''.
       (b) Southwest Border Security Task Force Program.--
       (1) Establishment.--The Secretary shall establish a 
     Southwest Border Security Task Force Program to--
       (A) facilitate local participation in providing 
     recommendations regarding steps to enhance border security; 
     and
       (B) provide financial and other assistance in implementing 
     such recommendations.
       (2) Number.--In carrying out the program established under 
     paragraph (1), the Secretary shall establish at least 1 
     Border Security Task Force (referred to in this section as a 
     ``Task Force'') in each State that is adjacent to the 
     international border between the United States and Mexico.
       (3) Membership.--Each Task Force shall be composed of 
     representatives from--
       (A) relevant Federal agencies;
       (B) State and local law enforcement agencies;
       (C) State and local government;
       (D) community organizations;
       (E) Indian tribes; and
       (F) other interested parties.
       (4) Chairman.--Each Task Force shall select a Chairman from 
     among its members.
       (5) Recommendations.--Not later than 9 months after the 
     date of enactment of this Act, and annually thereafter, each 
     Task Force shall submit a report to the Secretary 
     containing--
       (A) specific recommendations to enhance border security 
     along the international border between the State in which 
     such Task Force is located and Mexico; and
       (B) a request for financial and other resources necessary 
     to implement the recommendations during the subsequent fiscal 
     year.
       (c) Border Security Grants.--
       (1) Grants authorized.--The Secretary shall award a grant 
     to each Task Force submitting a request under subsection 
     (b)(5)(B) to the extent that--
       (A) sufficient funds are available; and
       (B) the request is consistent with the Nation's 
     comprehensive border security strategy.
       (2) Minimum amount.--Not less than 1 Task Force in each of 
     the States bordering Mexico shall be eligible to receive a 
     grant under this subsection in an amount not less than 
     $500,000.
       (3) Report.--Not later than 90 days after the end of each 
     fiscal year for which Federal financial assistance or other 
     resources were received by a Task Force, the Task Force shall 
     submit a report to the Secretary describing how such 
     financial assistance or other resources were used by the Task 
     Force and by the organizations that its members represent.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $10,000,000 for each of fiscal years 2007 
     through 2010 to carry out this section.
                                 ______
                                 
  SA 3428. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an

[[Page 5596]]

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 3429. 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. ___. ANNUAL REPORT ON THE NORTH AMERICAN DEVELOPMENT 
                   BANK.

       Section 2 of Public Law 108-215 (22 U.S.C. 290m-6) is 
     amended--
       (1) in paragraph (1), by inserting after ``The number'' the 
     following: ``of applications received by, pending with, and 
     awaiting final approval from the Board of the North American 
     Development Bank and the number''; and
       (2) by adding at the end the following:
       ``(8) Recommendations on how to improve the operations of 
     the North American Development Bank.
       ``(9) An update on the implementation of this Act, 
     including the business process review undertaken by the North 
     American Development Bank.
       ``(10) A description of the activities and accomplishments 
     of the North American Development Bank during the previous 
     year, including a brief summary of meetings and actions taken 
     by the Board of the North American Development Bank.''.
                                 ______
                                 
  SA 3430. 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 3431. Mr. ISAKSON 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 CERTIFICATION.

       Notwithstanding any other provision of law, beginning on 
     the date of the enactment

[[Page 5597]]

     of this Act, the Secretary may not implement a new 
     conditional nonimmigrant work authorization program that 
     grants legal status to any individual who enters or entered 
     the United States illegally, or any similar or subsequent 
     employment program that grants legal status to any individual 
     who illegally enters or entered the United States until the 
     Secretary provides written certification to the President and 
     the Congress that the borders of the United States are 
     reasonably sealed and secured.
                                 ______
                                 
  SA 3432. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 3366 submitted by Mr. Reed and intended to be proposed 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 of the matter proposed to be inserted, insert 
     the following:

     SEC. _. CONDITIONAL NONIMMIGRANT WORK AUTHORIZATION AND 
                   STATUS.

       Section 218D(c) of the Immigration and Nationality Act, as 
     added by section 601, is amended to read as follows:
       ``(c) Spouses and Children and Certain Other Individuals.--
     Notwithstanding any other provision of law, the Secretary of 
     Homeland Security shall--
       ``(1) adjust the status to that of a conditional 
     nonimmigrant under this section for, or provide a 
     nonimmigrant visa to, the spouse or child of an alien who is 
     provided nonimmigrant status under this section;
       ``(2) adjust the status to that of a conditional 
     nonimmigrant under this section for an alien who, before 
     January 7, 2004, was the spouse or child of an alien who is 
     provided conditional nonimmigrant status under this section, 
     or is eligible for such status, if--
       ``(A) the termination of the qualifying relationship was 
     connected to domestic violence; and
       ``(B) the spouse or child has been battered or subjected to 
     extreme cruelty by the spouse or parent alien who is provided 
     conditional nonimmigrant status under this section; or
       ``(3) adjust the status to that of a conditional immigrant 
     under this section for an individual who was present in the 
     United States on January 7, 2004, and is the national of a 
     country designated at that time for protective status 
     pursuant to section 244.''.
                                 ______
                                 
  SA 3433. Mr. STEVENS submitted an amendment intended to be proposed 
to amendment SA 3382 submitted by Mr. Stevens (for himself, Mr. Shelby, 
Mr. Inouye, and Mrs. Hutchison) and intended to be proposed 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 the title relating to improved maritime security and 
     insert the following:

                TITLE      --IMPROVED MARITIME SECURITY

     SEC. 500. SHORT TITLE; TABLE OF CONTENTS.

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

                  Title V--Improved Maritime Security

Sec. 501. Establishment of additional interagency operational centers 
              for port security.
Sec. 502. Area maritime transportation security plan to include salvage 
              response plan.
Sec. 503. Assistance for foreign ports.
Sec. 504. Specific port security initiatives.
Sec. 505. Technical requirements for non-intrusive inspection 
              equipment.
Sec. 506. Random inspection of containers.
Sec. 507. Port security user fee study.
Sec. 508. Port security grants.
Sec. 509. Work stoppages and employee-employer disputes.
Sec. 510. Inspection of car ferries entering from Canada.

                  TITLE V--IMPROVED MARITIME SECURITY

     SEC. 501. ESTABLISHMENT OF ADDITIONAL INTERAGENCY OPERATIONAL 
                   CENTERS FOR PORT SECURITY.

       (a) In General.--In order to improve interagency 
     cooperation, unity of command, and the sharing of 
     intelligence information in a common mission to provide 
     greater protection for port and intermodal transportation 
     systems against acts of terrorism, the Secretary of Homeland 
     Security, acting through the Commandant of the Coast Guard, 
     shall establish interagency operational centers for port 
     security at all high priority ports.
       (b) Characteristics.--The interagency operational centers 
     shall--
       (1) be based on the most appropriate compositional and 
     operational characteristics of the pilot project interagency 
     operational centers for port security in Miami, Florida, 
     Norfolk/Hampton Roads, Virginia, Charleston, South Carolina, 
     and San Diego, California, and the virtual operation center 
     at the port of New York/New Jersey;
       (2) be adapted to meet the security needs, requirements, 
     and resources of the individual port area at which each is 
     operating;
       (3) provide for participation by--
       (A) representatives of the United States Customs and Border 
     Protection, Immigration and Customs Enforcement, the 
     Transportation Security Administration, the Department of 
     Defense, and other Federal agencies, as determined to be 
     appropriate by the Secretary of Homeland Security;
       (B) representatives of State and local law enforcement or 
     port security agencies and personnel; and
       (C) members of the area maritime security committee, as 
     deemed appropriate by the captain of the port;
       (4) be incorporated in the implementation of--
       (A) maritime transportation security plans developed under 
     section 70103 of title 46, United States Code;
       (B) maritime intelligence activities under section 70113 of 
     that title;
       (C) short and long range vessel tracking under sections 
     70114 and 70115 of that title;
       (D) secure transportation systems under section 70119 of 
     that title;
       (E) the United States Customs and Border Protection's 
     screening and high-risk cargo inspection programs; and
       (F) the transportation security incident response plans 
     required by section 70104 of that title.
       (c) 2005 Act Report Requirement.--Nothing in this section 
     relieves the Commandant of the Coast Guard from compliance 
     with the requirements of section 807 of the Coast Guard and 
     Maritime Transportation Act of 2004. The Commandant shall 
     utilize the information developed in making the report 
     required by that section in carrying out the requirements of 
     this section.
       (d) Budget and Cost-Sharing Analysis.--Within 180 days 
     after the date of enactment of this Act, the Secretary shall 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the House of 
     Representatives Committee on Homeland Security a proposed 
     budget analysis for implementing subsection (a), including 
     cost-sharing arrangements with other Federal departments and 
     agencies involved in the interagency operation of the 
     centers.
       (e) Security Clearance Assistance.--The Secretary of the 
     department in which the Coast Guard is operating may assist 
     non-Federal personnel described in subsection (b)(3)(B) or 
     (C) in obtaining expedited appropriate security clearances 
     and in and maintaining their security clearances.
       (f) Security Incidents.--During a transportation security 
     incident (as defined in section 70101(6) of title 46, United 
     States Code) involving a port, the Coast Guard Captain of the 
     Port designated by the Commandant of the Coast Guard in each 
     joint operations center for maritime security shall act as 
     the incident commander, unless otherwise directed under the 
     National Maritime Transportation Security Plan established 
     under section 70103 of title 46, United States Code.

     SEC. 502. AREA MARITIME TRANSPORTATION SECURITY PLAN TO 
                   INCLUDE SALVAGE RESPONSE PLAN.

       Section 70103(b)(2) of title 46, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) include a salvage response plan--
       ``(i) to identify salvage equipment capable of restoring 
     operational trade capacity; and
       ``(ii) to ensure that the flow of cargo through United 
     States ports is re-established as efficiently and quickly as 
     possible after a transportation security incident.''.

     SEC. 503. ASSISTANCE FOR FOREIGN PORTS.

       (a) In General.--Section 70109 of title 46, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 70109. International cooperation and coordination''; 
       and

       (2) by adding at the end the following:
       ``(c) International Cargo Security Standards.--The 
     Secretary, in consultation with the Secretary of State, shall 
     enter into negotiations with foreign governments and 
     international organizations, including the International 
     Maritime Organization, the World Customs Organization, and 
     the International Standards Organization, as appropriate--
       ``(1) to promote standards for the security of containers 
     and other cargo moving within the international supply chain;
       ``(2) to encourage compliance with minimum technical 
     requirements for the capabilities of nonintrusive inspection 
     equipment, including imaging and radiation detection devices, 
     established under section ------ of the Maritime and 
     Transportation Security Act of 2006 Act;
       ``(3) to implement the requirements of the container 
     security initiative under section 70117; and
       ``(4) to implement standards and procedures established 
     under section 70119.''.

[[Page 5598]]

       (b) Conforming Amendment.--The chapter analysis for chapter 
     701 of title 46, United States Code, is amended by striking 
     the item relating to section 70901 and inserting the 
     following:

``70901. International cooperation and coordination''.

     SEC. 504. SPECIFIC PORT SECURITY INITIATIVES.

       (a) In General.--Chapter 701 of title 46, United States 
     Code, is amended--
       (1) by redesignating the second section 70118 (relating to 
     withholding of clearance), as added by section 802(a)(2) of 
     the Coast Guard and Maritime Transportation Act of 2004, as 
     section 70119;
       (2) by redesignating the first section 70119 (relating to 
     enforcement by State and local officers), as added by section 
     801(a) of the Coast Guard and Maritime Transportation Act of 
     2004, as section 70120;
       (3) by redesignating the second section 70119 (relating to 
     civil penalty), as redesignated by section 802(a)(1) of the 
     Coast Guard and Maritime Transportation Act of 2004, as 
     section 70122;
       (4) by striking section 70116;
       (5) by redesignating sections 70117 through 70122 (as 
     redesignated) as sections 70120 through 70126; and
       (6) by inserting after section 70115 the following:

     ``Sec. 70116. Automated targeting system

       ``(a) In General.--The Secretary shall develop and maintain 
     an antiterrorism cargo identification and screening system 
     for containerized cargo shipped to the United States either 
     directly or via a foreign port to assess imports and target 
     those imports which pose a high risk of containing 
     contraband.
       ``(b) 24-Hour Advance Notification.--In order to provide 
     the best possible data for the automated targeting system, 
     the Secretary shall require importers shipping goods to the 
     United States via cargo container to supply advanced trade 
     data not later than 24 hours before loading a container under 
     the advance notification requirements under section 484(a)(2) 
     of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)). The 
     requirement shall apply to goods entered after July 1, 2007.
       ``(c) Secure Transmission; Confidentiality.--All 
     information required by the Secretary from supply chain 
     partners under this section shall--
       ``(1) be transmitted in a secure fashion, as determined by 
     the Secretary, so as to protect the information from 
     unauthorized access; and
       ``(2) shall not be subject to public disclosure under 
     section 552 of title 5.
       ``(c) Authorization of Appropriations.--
       ``(1) There are authorized to be appropriated to the 
     Secretary of Homeland Security to carry out the automated 
     targeting system program to identify high-risk oceanborne 
     container cargo for inspection--
       ``(A) $30,700,000 for fiscal year 2007;
       ``(B) $33,200,000 for fiscal year 2008; and
       ``(C) $35,700,000 for fiscal year 2009.
       ``(2) The amounts authorized by this subsection shall be in 
     addition to any other amounts authorized to be appropriated 
     to carry out that program.

     ``Sec. 70117. Container security initiative

       ``(a) In General.--The Secretary shall issue regulations 
     to--
       ``(1) evaluate and screen cargo documents prior to loading 
     in a foreign port for shipment to the United States, either 
     directly or via a foreign port; and
       ``(2) inspect high-risk cargo in a foreign port intended 
     for shipment to the United States by physical examination or 
     nonintrusive examination by technological means.
       ``(b) Implementation.--The Commissioner of Customs and 
     Border Protection shall execute inspection and screening 
     protocols with authorities in foreign ports to ensure that 
     the standards and procedures promulgated under subsection (a) 
     are implemented in an effective manner.
       ``(c) Application of Container Security Initiative to Other 
     Ports.--
       ``(1) In general.--The Secretary, through the Commissioner 
     of Customs and Border Protection, may designate foreign 
     seaports under this section if, with respect to any such 
     seaport, the Secretary determines that--
       ``(A) the seaport--
       ``(i) presents a significant level of risk;
       ``(ii) is a significant port or origin or transshipment, in 
     terms of volume or value, for cargo being imported to the 
     United States; and
       ``(iii) is potentially capable of validating a secure 
     system of transportation pursuant to section 70119; and
       ``(B) the Department of State and representatives of the 
     country with jurisdiction over the port have completed 
     negotiations to ensure compliance with the requirements of 
     the container security initiative.
       ``(2) Coordination with international cargo security 
     standards.--In carrying out paragraph (a), the Secretary 
     shall--
       ``(A) consult with the Secretary of State concerning 
     progress under section 70109(d); and
       ``(B) coordinate activities under paragraph (1) with 
     activities conducted under that section.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section--
       ``(1) $142,000,000 for fiscal year 2007;
       ``(2) $144,000,000 for fiscal year 2008; and
       ``(3) $146,000,000 for fiscal year 2009.

     ``Sec. 70118. Customs-Trade Partnership Against Terrorism 
       validation program

       ``(a) In General.--The Secretary shall establish a 
     voluntary program to strengthen and improve the overall 
     security of the international supply chain and United States 
     border security.
       ``(b) Validation; Records Management.--The Secretary shall 
     issue regulations--
       ``(1) to strengthen the validation process to verify that 
     security programs of members of the Customs-Trade Partnership 
     Against Terrorism have been implemented and that the program 
     benefits should continue by providing appropriate guidance to 
     specialists conducting such validations, including 
     establishing what level of review is adequate to determine 
     whether member security practices are reliable, accurate, and 
     effective; and
       ``(2) to implement a records management system that 
     documents key decisions and significant operational events 
     accurately and in a timely manner, including a reliable 
     system for--
       ``(A) documenting and maintaining records of all decisions 
     in the application through validation processes, including 
     documentation of the objectives, scope, methodologies, and 
     limitations of validations; and
       ``(B) tracking member status.
       ``(b) Human Capital Plan.--Within 6 months after the date 
     of enactment of the Transportation Security Improvement Act 
     of 2005, the Secretary shall complete a human capital plan, 
     that clearly describes how the Customs-Trade Partnership 
     Against Terrorism program will recruit, train, and retain 
     sufficient staff to conduct the work of the program 
     successfully, including reviewing security profiles, vetting, 
     and conducting validations to mitigate program risk.
       ``(c) Revalidation.--The Secretary shall establish a 
     process for revalidating C-TPAT participants. Such 
     revalidation shall occur not less frequently than once during 
     every 3-year period following validation.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section not to exceed--
       ``(1) $60,000,000 for fiscal year 2007;
       ``(2) $65,000,000 for fiscal year 2008; and
       ``(3) $72,000,000 for fiscal year 2009.

     ``Sec. 70119. Secure systems of transportation

       ``(a) In General.--The Secretary shall establish a program, 
     to be known as the `GreenLane program', to evaluate and 
     certify secure systems of international intermodal 
     transportation--
       ``(1) to ensure the security and integrity of shipments of 
     goods to the United States from the point at which such goods 
     are initially packed or loaded into a cargo container for 
     international shipment until they reach their ultimate 
     destination; and
       ``(2) to facilitate the movement of such goods through the 
     entire supply chain through an expedited security and 
     clearance program.
       ``(b) Program Elements.--In establishing and conducting the 
     program under subsection (a) the Secretary, acting through 
     the Commissioner of Customs and Border Protection, shall--
       ``(1) establish standards and procedures for verifying, at 
     the point at which goods are placed in a cargo container for 
     shipping, that the container is free of unauthorized 
     hazardous chemical, biological, or nuclear material and for 
     securely sealing such containers after the contents are so 
     verified;
       ``(2) ensure that cargo is loaded at a port designated 
     under section 70117 for shipment to the United States;
       ``(3) develop performance standards to enhance the physical 
     security of shipping containers, including performance 
     standards for container security devices;
       ``(4) establish standards and procedures for securing cargo 
     and monitoring that security while in transit;
       ``(5) ensure that cargo complies with additional security 
     criteria established by the Secretary beyond the minimum 
     requirements for C-TPAT participation under section 70118, 
     particularly in the area of access controls;
       ``(6) establish standards and procedures for allowing the 
     United States Government to ensure and validate compliance 
     with this program; and
       ``(7) incorporate any other measures the Secretary 
     considers necessary to ensure the security and integrity of 
     international intermodal transport movements.
       ``(c) Benefits from Participation.--
       ``(1) Eligibility.--The Commissioner of Customs and Border 
     Protection may by regulation provide for expedited clearance 
     of cargo for an entity that--
       ``(A) meets or exceeds the standards established under 
     subsection (b); and
       ``(B) certifies the security of its supply chain not less 
     often than once every 2 years to the Secretary.
       ``(2) Benefits.--The expedited clearance provided under 
     paragraph (1) to any eligible entity may include--
       ``(A) the expedited release of GreenLane cargo into 
     destination ports within the United States during all threat 
     levels designated by the Secretary or the Commandant of the 
     Coast Guard;

[[Page 5599]]

       ``(B) reduced or eliminated bonding requirements for 
     GreenLane cargo;
       ``(C) priority processing for searches;
       ``(D) further reduced scores in the automated targeting 
     system; and
       ``(E) streamlined billing of any customs duties or fees.
       ``(d) Consequences of Lack of Compliance.--
       ``(1) In general.--Any participant whose security measures 
     and supply chain security practices have been determined by 
     the Secretary to be out of compliance with any requirements 
     of the program shall be denied benefits under the program.
       ``(2) Right of appeal.--Any participant determined by the 
     Secretary under paragraph (1) not to be in compliance with 
     the requirements of the program may appeal that determination 
     to the Secretary.''.
       (b) Conforming Amendments.--
       (1) The chapter analysis for chapter 701 of title 46, 
     United States Code, is amended by striking the items 
     following the item relating to section 70116 and inserting 
     the following:

``70116. Automated targeting system
``70117. Container security initiative
``70118. Customs-Trade Partnership Against Terrorism validation program
``70119. Secure systems of transportation
``70120. In rem liability for civil penalties and certain costs
``70121. Firearms, arrests, and seizure of property
``70122. Withholding of clearance
``70123. Enforcement by State and local officers
``70124. Container security initiative
``70125. Civil penalty''.
       (2) Section 70117(a) of title 46, United States Code, is 
     amended by striking ``section 70120'' and inserting ``section 
     70125''.
       (3) Section 70119(a) of such title, as redesignated by 
     subsection (a)(1) of this section, is amended--
       (A) by striking ``under section 70119,'' and inserting 
     ``under section 70125,''; and
       (B) by striking ``under section 70120,'' and inserting 
     ``under that section,''.

     SEC. 505. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE INSPECTION 
                   EQUIPMENT.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Domestic Nuclear Detection Office, 
     in consultation with the National Institute of Science and 
     Technology and the U.S. Customs and Border Protection, shall 
     initiate a rulemaking--
       (1) to establish minimum technical requirements for the 
     capabilities of non-intrusive inspection equipment for cargo, 
     including imaging and radiation devices; and
       (2) to ensure that all equipment used can detect risks and 
     threats as determined appropriate by the Secretary.
       (b) Endorsements; Sovereignty Conflicts.--In establishing 
     such requirements, the Domestic Nuclear Detection Office 
     shall be careful to avoid the endorsement of products 
     associated with specific companies and the creation of 
     sovereignty conflicts with participating countries.
       (c) Radiation Safety.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall submit a plan to the Senate Committee on 
     Commerce, Science, and Transportation, Senate Committee on 
     Homeland Security and Governmental Affairs, the Senate 
     Committee on Appropriations, the House of Representatives 
     Committee on Homeland Security, and the House of 
     Representatives Committee on Appropriations that--
       (1) details the health and safety impacts of nonintrusive 
     inspection technology; and
       (2) describes the policy of the Bureau of Customs and 
     Border Protection for using nonintrusive inspection 
     equipment.
       (d) Final Rule Deadline.--The Domestic Nuclear Detection 
     Office shall issue a final rule under subsection (a) within 1 
     year after the rulemaking proceeding is initiated.

     SEC. 506. RANDOM INSPECTION OF CONTAINERS.

       Within 1 year after the date of enactment of this Act, the 
     Commissioner of Customs and Border Protection shall develop 
     and implement a plan, utilizing best practices for empirical 
     scientific research design and random sampling standards for 
     random physical inspection of shipping containers in addition 
     to any targeted or pre-shipment inspection of such containers 
     required by law or regulation or conducted under any other 
     program conducted by the Commissioner. Nothing in this 
     section shall be construed to mean that implementation of the 
     random sampling plan would preclude the additional physical 
     inspection of shipping containers not inspected pursuant to 
     the plan.

     SEC. 507. PORT SECURITY USER FEE STUDY.

       The Secretary of Homeland Security shall conduct a study of 
     the need for, and feasibility of, establishing a system of 
     oceanborne and port-related intermodal transportation user 
     fees that could be imposed and collected as a dedicated 
     revenue source, on a temporary or continuing basis, to 
     provide necessary funding for the improvement and maintenance 
     of enhanced port security. Within 1 year after date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the House of 
     Representatives Committee on Homeland Security that--
       (1) contains the Secretary's findings, conclusions, and 
     recommendations (including legislative recommendations if 
     appropriate); and
       (2) includes an assessment of the annual amount of customs 
     fees and duties collected through oceanborne and port-related 
     transportation and the amount and percentage of such fees and 
     duties that are dedicated to improve and maintain security.

     SEC. 508. PORT SECURITY GRANTS.

       (a) Basis for Grants.--Section 70107(a) of title 46, United 
     States Code, is amended by striking ``for making a fair and 
     equitable allocation of funds'' and inserting ``based on risk 
     and vulnerability''.
       (b) Eligible Costs.--Section 70107(b) of title 46, United 
     States Code, is amended by striking paragraph (1) and 
     redesignating paragraphs (2) through (4) as paragraphs (1) 
     through (3), respectively.
       (c) Letters of Intent.--Section 70107(e) of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) Letters of intent.--The Secretary may execute letters 
     of intent to commit funding to port sponsors from the 
     Fund.''.
       (d) Operation Safe Commerce.--Section 70107(i) of title 46, 
     United States Code, is amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Operation Safe Commerce.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the [To be supplied] Act, the Secretary shall 
     initiate grant projects that--
       ``(i) integrate nonintrusive inspection and radiation 
     detection equipment with automatic identification methods for 
     containers, vessels, and vehicles;
       ``(ii) test physical access control protocols and 
     technologies;
       ``(iii) create a data sharing network capable of 
     transmitting data required by entities participating in the 
     international supply chain from every intermodal transfer 
     point to the National Targeting Center of the Department; and
       ``(iv) otherwise further maritime and cargo security, as 
     determined by the Secretary.
       ``(B) Supply chain security for special container and 
     noncontainerized cargo.--The Secretary shall consider 
     demonstration projects that further the security of the 
     international supply chain for special container cargo, 
     including refrigerated containers, and noncontainerized 
     cargo, including roll-on/roll-off, break-bulk, liquid, and 
     dry bulk cargo.
       ``(C) Annual report.--Not later than March 1 of each year, 
     the Secretary shall submit a report detailing the results of 
     Operation Safe Commerce to--
       ``(i) the Senate Committee on Commerce, Science, and 
     Transportation;
       ``(ii) the Senate Committee on Homeland Security and 
     Governmental Affairs;
       ``(iii) the House of Representatives Committee on Homeland 
     Security;
       ``(iv) the Senate Committee on Appropriations; and
       ``(v) the House of Representatives Committee on 
     Appropriations.''.
       (e) Research, Development, Test, and Evaluation.--The 
     Secretary of Homeland Security shall--
       (1) direct research, development, test, and evaluation 
     efforts in furtherance of maritime and cargo security;
       (2) encourage the ingenuity of the private sector in 
     developing and testing technologies and process innovations 
     in furtherance of these objectives; and
       (3) evaluate such technologies.
       (f) Coordination.--The Secretary of Homeland Security, 
     acting through the Undersecretary for Science and Technology, 
     in consultation with the Assistant Secretary for Policy, the 
     Director of Cargo Security Policy, and the Chief Financial 
     Officer, shall ensure that--
       (1) research, development, test, and evaluation efforts 
     funded by the Department in furtherance of maritime and cargo 
     security are coordinated to avoid duplication of efforts; and
       (2) the results of such efforts are shared throughout the 
     Department, as appropriate.

     SEC. 509. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.

       Section 70101(6) is amended by inserting after ``area.'' 
     the following: ``In this paragraph, the term `economic 
     disruption' does not include a work stoppage or other 
     nonviolent employee-related action resulting from an 
     employee-employer dispute.''.

     SEC. 510. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.

       Within 120 days after the date of enactment of this Act, 
     the Secretary of Homeland Security, acting through the 
     Commissioner of Customs and Border Protection, in 
     coordination with the Secretary of State, and their Canadian 
     counterparts, shall develop a plan for the inspection of 
     passengers and vehicles before such passengers board, or such 
     vehicles are loaded onto, a ferry bound for a United States 
     port.
                                 ______
                                 
  SA 3434. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr.

[[Page 5600]]

Frist 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 395, strike line 10 and all that follows 
     through page 416, line 11, and insert the following:
       (c) Period of Authorized Admission.--
       (1) In general.--An alien may be granted blue card status 
     for a period not to exceed 2 years.
       (2) Return to country.--At the end of the period described 
     in paragraph (1), the alien shall return to the country of 
     nationality or last residence of the alien.
       (3) Eligibility for nonimmigrant visa.--Upon return to the 
     country of nationality or last residence of the alien under 
     paragraph (2), the alien may apply for any nonimmigrant visa.
       (d) Loss of Employment.--
       (1) In general.--The blue card status of an alien shall 
     terminate if the alien is not employed for at least 60 
     consecutive days.
       (2) Return to country.--An alien whose period of authorized 
     admission terminates under paragraph (1) shall return to the 
     country of nationality or last residence of the alien.
       (e) Prohibition of Change or Adjustment of Status.--
       (1) In general.--An alien with blue card status shall not 
     be eligible to change or adjust status in the United States.
       (2) Loss of eligibility.--An alien with blue card status 
     shall lose the status if the alien--
       (A) files a petition to adjust status to legal permanent 
     residence in the United States; or
       (B) requests a consular processing for an immigrant or 
     nonimmigrant visa outside the United States.
                                 ______
                                 
  SA 3435. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 386, line 11, strike ``863 hours or''.
                                 ______
                                 
  SA 3436. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 388, lines 8 and 9, strike ``3 or more 
     misdemeanors'' and insert ``misdemeanor''.
                                 ______
                                 
  SA 3437. Mr. ISAKSON 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 CERTIFICATION.

       Beginning on the date of the enactment of this Act, the 
     Secretary may not implement the new conditional nonimmigrant 
     work authorization programs provided for in this Act that 
     grant legal status to any individual who illegally enters or 
     entered the United States until the Secretary provides 
     written certification to the President and the Congress that 
     the border security and enforcement provisions provided for 
     in this Act are in place and operational as determined by the 
     Secretary of Homeland Security.
                                 ______
                                 
  SA 3438. 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:

       At the appropirate place in the proposed instructions, 
     insert 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 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 3439. 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:

       In the language proposed to be stricken, at the appropriate 
     place insert 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

[[Page 5601]]

       (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 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 3440. Mrs. BOXER submitted an amendment intended to be proposed by 
her 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. ___. SENSE OF THE SENATE REGARDING REIMBURSING STATES 
                   FOR THE COSTS OF UNDOCUMENTED IMMIGRANTS.

       (a) Findings.--The Senate finds the following:
       (1) It is the obligation of the Federal Government to 
     adequately secure the borders of the United States and 
     prevent the flow of undocumented immigrants into the United 
     States.
       (2) Despite the fact that, according to the Congressional 
     Research Service, Border Patrol agents apprehend more than 
     1,000,000 individuals each year trying to illegally enter the 
     United States, the net growth in the number of unauthorized 
     immigrants entering the United States has increased by 
     approximately 500,000 each year.
       (3) The costs associated with incarcerating undocumented 
     criminal immigrants and providing education and healthcare to 
     undocumented immigrants place a tremendous financial burden 
     on States and local governments.
       (4) In 2003, States received compensation from the Federal 
     Government, through the State criminal alien assistance 
     program under section 241(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(i)), for incarcerating 
     approximately 74,000 undocumented criminal immigrants.
       (5) In 2003, 700 local governments received compensation 
     from the Federal Government, through the State criminal alien 
     assistance program, for incarcerating approximately 138,000 
     undocumented criminal immigrants.
       (6) It is estimated that Federal Government payments 
     through the State criminal alien assistance program reimburse 
     States and local governments for 25 percent or less of the 
     actual costs of incarcerating the undocumented criminal 
     immigrants.
       (7) It is estimated that providing kindergarten through 
     grade 12 education to undocumented immigrants costs States 
     more than $8,000,000,000 annually.
       (8) It is further estimated that more than $1,000,000,000 
     is spent on healthcare for undocumented immigrants each year.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) States should be fully reimbursed by the Federal 
     Government for the costs associated with providing education 
     and healthcare to undocumented immigrants; and
       (2) the program authorized under section 241(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)) should be 
     fully funded, for each of the fiscal years 2007 through 2012, 
     at the levels authorized for such program under section 
     241(i)(5) of such Act (as amended by section 218(b)(2) of 
     this Act).
                                 ______
                                 
  SA 3441. 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:

     SEC. __. SUFFICIENCY FOR REVENUE FOR ENFORCEMENT.

       Notwithstanding any other provision of law, any fee or, 
     penalty 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 3442. 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:

     SEC. __. SUFFICIENCY FOR REVENUE FOR ENFORCEMENT.

       Notwithstanding any other provision of law, any fee, 
     revenue, or penalty 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 3443. 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 5602]]



     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 3444. 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. __. 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 _______

[[Page 5603]]

     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 March 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 3445. 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 3446. 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 one day 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 3447. 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. __. 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 10% of the money 
     appropriated in any given year shall be available to states 
     along the Northern border of the United States.
                                 ______
                                 
  SA 3448. 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. __. 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 3449. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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 385, strike lines 21 through 25 and insert the 
     following:
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.
                                 ______
                                 
  SA 3450. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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 386, strike lines 10 through 13 and insert the 
     following:
       (A) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days during the 24-
     month period ending on December 31, 2005;
                                 ______
                                 
  SA 3451. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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 386, line 17, strike ``and''.
       On page 386, line 21, strike the period at the end and 
     insert ``; and''.
       On page 386, between lines 21 and 22, insert the following:
       (D) has been convicted of any felony or a misdemeanor, an 
     element of which involves

[[Page 5604]]

     bodily injury, threat of serious bodily injury, or harm to 
     property in excess of $500.
       On page 398, strike lines 18 through 20 and insert the 
     following:

       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.

       On page 401, strike lines 22 through 24 and insert the 
     following:
       (iii) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.
                                 ______
                                 
  SA 3452. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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 388, line 2, strike ``or''.
       On page 388, strike line 14 and insert the following:
       or harm to property in excess of $500; or
       (iii) the alien fails to perform the agricultural 
     employment required under subsection (c)(1)(A)(i) unless the 
     alien was unable to work in agricultural employment due to 
     the extraordinary circumstances described in subsection 
     (c)(1)(A)(iii).
                                 ______
                                 
  SA 3453. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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 395, strike line 18 and all that follows 
     through page 396, line 9, and insert the following:
       (i) Qualifying employment.--

       (I) In general.--Subject to subclause (II), the alien has 
     performed at least--

       (aa) 5 years of agricultural employment in the United 
     States, for at least 100 work days per year, during the 5-
     year period beginning on the date of enactment of this Act; 
     or
       (bb) 3 years of agricultural employment in the United 
     States, for at least 150 work days per year, during the 3-
     year period beginning on the date of enactment of this Act.

       (II) 4-year period of employment.--An alien shall be 
     considered to qualify under subclause (I) if the alien has 
     performed 4 years of agricultural employment in the United 
     States, for at least 150 work days during 3 of the 4 years 
     and at least 100 work days during the remaining year, during 
     the 4-year period beginning on the date of enactment of this 
     Act.

                                 ______
                                 
  SA 3454. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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 416, strike lines 8 through 11 and insert the 
     following:
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary for the startup costs of the program authorized 
     under this section for each of fiscal years 2007 and 2008.
                                 ______
                                 
  SA 3455. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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 385, strike lines 21 through 25 and insert the 
     following:
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.
       On page 386, strike lines 10 through 13 and insert the 
     following:
       (A) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days during the 24-
     month period ending on December 31, 2005;
       On page 386, line 17, strike ``and''.
       On page 386, line 21, strike the period at the end and 
     insert ``; and''.
       On page 386, between lines 21 and 22, insert the following:
       (D) has been convicted of any felony or a misdemeanor, an 
     element of which involves bodily injury, threat of serious 
     bodily injury, or harm to property in excess of $500.
       On page 388, line 2, strike ``or''.
       On page 388, strike line 14 and insert the following:

     or harm to property in excess of $500; or

       (iii) the alien fails to perform the agricultural 
     employment required under subsection (c)(1)(A)(i) unless the 
     alien was unable to work in agricultural employment due to 
     the extraordinary circumstances described in subsection 
     (c)(1)(A)(iii).
       Beginning on page 395, strike line 18 and all that follows 
     through page 396, line 9, and insert the following:
       (i) Qualifying employment.--

       (I) In general.--Subject to subclause (II), the alien has 
     performed at least--

       (aa) 5 years of agricultural employment in the United 
     States, for at least 100 work days per year, during the 5-
     year period beginning on the date of enactment of this Act; 
     or
       (bb) 3 years of agricultural employment in the United 
     States, for at least 150 work days per year, during the 3-
     year period beginning on the date of enactment of this Act.

       (II) 4-year period of employment.--An alien shall be 
     considered to qualify under subclause (I) if the alien has 
     performed 4 years of agricultural employment in the United 
     States, for at least 150 work days during 3 of the 4 years 
     and at least 100 work days during the remaining year, during 
     the 4-year period beginning on the date of enactment of this 
     Act.

       On page 398, strike lines 18 through 20 and insert the 
     following:

       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.

       On page 401, strike lines 22 through 24 and insert the 
     following:
       (iii) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.
       On page 416, strike lines 8 through 11 and insert the 
     following:
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary for the startup costs of the program authorized 
     under this section for each of fiscal years 2007 and 2008.
                                 ______
                                 
  SA 3456. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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 525, after line 2, add the following:

             Subtitle E--Farm Worker Transportation Safety

     SEC. ____. SHORT TITLE.

       This subtitle may be cited as the ``Farm Worker 
     Transportation Safety Act''.

     SEC. ____. SEATS AND SEAT BELTS FOR MIGRANT AND SEASONAL 
                   AGRICULTURAL WORKERS.

       (a) Seats.--Except as provided in subsection (d), in 
     promulgating vehicle safety standards under the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
     et seq.) for the transportation of migrant and seasonal 
     agricultural workers by farm labor contractors, agricultural 
     employers or agricultural associations, the Secretary of 
     Labor shall ensure that each occupant or rider in, or on, any 
     vehicle subject to such standards is provided with a seat 
     that is a designated seating position (as such term is 
     defined for purposes of the Federal motor vehicle safety 
     standards issued under chapter 301 of title 49, United States 
     Code).
       (b) Seat Belts.--Each seating position required under 
     subsection (a) shall be equipped with an operational seat 
     belt, except that this subsection shall not apply with 
     respect to seating positions in buses that would otherwise 
     not be required to have seat belts under the Federal motor 
     vehicle safety standards.
       (c) Performance Requirements.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     consultation with the Secretary of Labor, shall issue minimum 
     performance requirements for the strength of seats and the 
     attachment of seats and seat belts in vehicles that are 
     converted, after being sold for purposes other than resale, 
     for the purpose of transporting migrant or seasonal 
     agricultural workers. The requirements shall provide a level 
     of safety that is as close as practicable to the level of 
     safety provided for in a vehicle that is manufactured or 
     altered for the purpose of transporting such workers before 
     being sold for purposes other than resale.
       (2) Expiration.--Effective on the date that is 7 years 
     after the date of enactment of this Act, any vehicle that is 
     or has been converted for the purpose of transporting migrant 
     or seasonal agricultural workers shall provide the same level 
     of safety as a vehicle that is manufactured or altered for 
     such purpose prior to being sold for purposes other than 
     resale.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to alter or modify the regulations contained in 
     section 500.103, or the provision pertaining to 
     transportation that is primarily on private roads in section 
     500.104(l), of title 29, Code of Federal Regulations, as in 
     effect on the date of enactment of this Act.
       (e) Definitions.--The definitions contained in section 3 of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1802) shall apply to this section.
       (f) Compliance Date.--Not later than 1 year after such date 
     of enactment, all vehicles subject to this Act shall be in 
     compliance with the requirements of this section.

[[Page 5605]]


                                 ______
                                 
  SA 3457. Mr. ALLARD 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:
       (f) Terrorist Activities.--Section 212(a)(3)(B)(i) (8 
     U.S.C. 1182(a)(3)(B)(i)) is amended--
       (1) in subclause (III), by striking ``, under circumstances 
     indicating an intention to cause death or serious bodily 
     harm, incited'' and inserting ``incited or advocated''; and
       (2) in subclause (VII), by striking ``or espouses terrorist 
     activity or persuades others to endorse or espouse'' and 
     inserting ``espouses, or advocates terrorist activity or 
     persuades others to endorse, espouse, or advocate''.
       (g)
                                 ______
                                 
  SA 3458. Mr. ALLARD 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. __. COMPREHENSIVE METHAMPHETAMINE PLAN.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the President, in coordination with 
     the Secretary of State, the Attorney General, and the 
     Secretary of Homeland Security, shall submit to the Chairman 
     of Committee on the Judiciary of the Senate and the Chairman 
     of the Committee on the Judiciary of the House of 
     Representatives a formal plan that outlines the diplomatic, 
     law enforcement, and other procedures that the Federal 
     Government should implement to reduce the amount of 
     Methamphetamine being trafficked into the United States.
       (b) Contents of Plan.--The plan under subsection (a) shall, 
     at a minimum, include--
       (1) a specific timeline for engaging elected and diplomatic 
     officials in a bilateral process focused on developing a 
     framework to reduce the inflow of Methamphetamine into the 
     United States;
       (2) a specific plan to engage the 5 countries who export 
     the most psuedoephedrine, ephedrine, phenylpropanolamine, and 
     other such Methamphetamine precursor chemicals during 
     calendar year preceding the year in which the plan is 
     prepared; and
       (3) a specific funding request that outlines what, if any, 
     additional appropriations are needed to secure the border, 
     ports of entry, or any other Methamphetamine trafficking 
     windows that are currently being exploited by Methamphetamine 
     traffickers.
       (c) GAO Report.--Not later than 100 days after the date of 
     enactment of this Act, the Government Accountability Office 
     shall prepare and submit to the committees of Congress 
     referred to in subsection (a), a report to determine whether 
     the President is in compliance with this section.
                                 ______
                                 
  SA 3459. Mr. ALLARD 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 57, line 15, strike ``(f)'' and insert the 
     following:
       (f) Terrorist Activities.--Section 212(a)(3)(B)(i) (8 
     U.S.C. 1182(a)(3)(B)(i)) is amended--
       (1) in subclause (III), by striking ``, under circumstances 
     indicating an intention to cause death or serious bodily 
     harm, incited'' and inserting ``incited or advocated''; and
       (2) in subclause (VII), by striking ``or espouses terrorist 
     activity or persuades others to endorse or espouse'' and 
     inserting ``espouses, or advocates terrorist activity or 
     persuades others to endorse, espouse, or advocate''.
       (g)
                                 ______
                                 
  SA 3460. Mr. ALLARD 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. __. COMPREHENSIVE METHAMPHETAMINE PLAN.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the President, in coordination with 
     the Secretary of State, the Attorney General, and the 
     Secretary of Homeland Security, shall submit to the Chairman 
     of Committee on the Judiciary of the Senate and the Chairman 
     of the Committee on the Judiciary of the House of 
     Representatives a formal plan that outlines the diplomatic, 
     law enforcement, and other procedures that the Federal 
     Government should implement to reduce the amount of 
     Methamphetamine being trafficked into the United States.
       (b) Contents of Plan.--The plan under subsection (a) shall, 
     at a minimum, include--
       (1) a specific timeline for engaging elected and diplomatic 
     officials in a bilateral process focused on developing a 
     framework to reduce the inflow of Methamphetamine into the 
     United States;
       (2) a specific plan to engage the 5 countries who export 
     the most psuedoephedrine, ephedrine, phenylpropanolamine, and 
     other such Methamphetamine precursor chemicals during 
     calendar year preceding the year in which the plan is 
     prepared; and
       (3) a specific funding request that outlines what, if any, 
     additional appropriations are needed to secure the border, 
     ports of entry, or any other Methamphetamine trafficking 
     windows that are currently being exploited by Methamphetamine 
     traffickers.
       (c) GAO Report.--Not later than 100 days after the date of 
     enactment of this Act, the Government Accountability Office 
     shall prepare and submit to the committees of Congress 
     referred to in subsection (a), a report to determine whether 
     the President is in compliance with this section.
                                 ______
                                 
  SA 3461. Ms. COLLINS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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. 232. NONIMMIGRANT ALIEN STATUS FOR CERTAIN ATHLETES.

       (a) In General.--Section 214(c)(4)(A) (8 U.S.C. 
     1184(c)(4)(A)) is amended by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i)(I) performs as an athlete, individually or as part of 
     a group or team, at an internationally recognized level of 
     performance,
       ``(II) is a professional athlete, as defined in section 
     204(i)(2),
       ``(III) performs as an athlete, or as a coach, as part of a 
     team or franchise that is located in the United States and a 
     member of a foreign league or association of 15 or more 
     amateur sports teams, if--
       ``(aa) the foreign league or association is the highest 
     level of amateur performance of that sport in the relevant 
     foreign country,
       ``(bb) participation in such league or association renders 
     players ineligible, whether on a temporary or permanent 
     basis, to earn a scholarship in, or participate in, that 
     sport at a college or university in the United States under 
     the rules of the National Collegiate Athletic Association 
     (NCAA), and
       ``(cc) a significant number of the individuals who play in 
     such league or association are drafted by a major sports 
     league or a minor league affiliate of such a sports league, 
     or
       ``(IV) is a professional athlete or amateur athlete who 
     performs individually or as part of a group in a theatrical 
     ice skating production, and
       ``(ii) seeks to enter the United States temporarily and 
     solely for the purpose of performing--
       ``(I) as such an athlete with respect to a specific 
     athletic competition, or
       ``(II) in the case of an individual described in clause 
     (i)(IV), in a specific theatrical ice skating production or 
     tour.''.
       (b) Advisory Opinions.--Section 214(c) (8 U.S.C. 1184(c)) 
     is amended--
       (1) in paragraph (4)(D), by inserting ``(other than with 
     respect to aliens seeking entry under subclause (II), (III), 
     or (IV) of subparagraph (A)(i) of this paragraph),'' after 
     ``101(a)(15)(P)''; and
       (2) in paragraph (6)(A)(iii), by inserting ``(other than 
     with respect to aliens seeking entry under subclause (II), 
     (III), or (IV) of paragraph (4)(A)(i))'' after 
     ``101(a)(15)(P)(i)''.
       (c) Petitions for Multiple Aliens.--Section 214(c)(4) (8 
     U.S.C. 1184(c)(4)) is amended by adding at the end the 
     following new paragraph:
       ``(F) The Secretary of Homeland Security shall permit a 
     petition under this subsection to seek classification of more 
     than one alien as a nonimmigrant under section 
     101(a)(15)(P)(i)(a). The fee charged for such a petition may 
     not be more than the fee charged for a petition seeking 
     classification of one such alien.''.
       (d) Relationship to Other Provisions of the Immigration and 
     Nationality Act.--Section 214(c)(4) (8 U.S.C. 1184(c)(4)), as 
     amended by subsection (c), is further amended by adding at 
     the end the following new paragraph:
       ``(G) Notwithstanding any other provision of this title, 
     the Secretary of Homeland Security shall permit an athlete, 
     or the employer of an athlete, to seek admission to the 
     United States for such athlete under a provision of this Act 
     other than section 101(a)(15)(P)(i).''.
                                 ______
                                 
  SA 3462. Ms. COLLINS submitted an amendment intended to be proposed 
by her 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 5606]]



     SEC. 232. NONIMMIGRANT ALIEN STATUS FOR CERTAIN ATHLETES.

       (a) In General.--Section 214(c)(4)(A) (8 U.S.C. 
     1184(c)(4)(A)) is amended by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i)(I) performs as an athlete, individually or as part of 
     a group or team, at an internationally recognized level of 
     performance,
       ``(II) is a professional athlete, as defined in section 
     204(i)(2),
       ``(III) performs as an athlete, or as a coach, as part of a 
     team or franchise that is located in the United States and a 
     member of a foreign league or association of 15 or more 
     amateur sports teams, if--
       ``(aa) the foreign league or association is the highest 
     level of amateur performance of that sport in the relevant 
     foreign country,
       ``(bb) participation in such league or association renders 
     players ineligible, whether on a temporary or permanent 
     basis, to earn a scholarship in, or participate in, that 
     sport at a college or university in the United States under 
     the rules of the National Collegiate Athletic Association 
     (NCAA), and
       ``(cc) a significant number of the individuals who play in 
     such league or association are drafted by a major sports 
     league or a minor league affiliate of such a sports league, 
     or
       ``(IV) is a professional athlete or amateur athlete who 
     performs individually or as part of a group in a theatrical 
     ice skating production, and
       ``(ii) seeks to enter the United States temporarily and 
     solely for the purpose of performing--
       ``(I) as such an athlete with respect to a specific 
     athletic competition, or
       ``(II) in the case of an individual described in clause 
     (i)(IV), in a specific theatrical ice skating production or 
     tour.''.
       (b) Advisory Opinions.--Section 214(c) (8 U.S.C. 1184(c)) 
     is amended--
       (1) in paragraph (4)(D), by inserting ``(other than with 
     respect to aliens seeking entry under subclause (II), (III), 
     or (IV) of subparagraph (A)(i) of this paragraph),'' after 
     ``101(a)(15)(P)''; and
       (2) in paragraph (6)(A)(iii), by inserting ``(other than 
     with respect to aliens seeking entry under subclause (II), 
     (III), or (IV) of paragraph (4)(A)(i))'' after 
     ``101(a)(15)(P)(i)''.
       (c) Petitions for Multiple Aliens.--Section 214(c)(4) (8 
     U.S.C. 1184(c)(4)) is amended by adding at the end the 
     following new paragraph:
       ``(F) The Secretary of Homeland Security shall permit a 
     petition under this subsection to seek classification of more 
     than one alien as a nonimmigrant under section 
     101(a)(15)(P)(i)(a). The fee charged for such a petition may 
     not be more than the fee charged for a petition seeking 
     classification of one such alien.''.
       (d) Relationship to Other Provisions of the Immigration and 
     Nationality Act.--Section 214(c)(4) (8 U.S.C. 1184(c)(4)), as 
     amended by subsection (c), is further amended by adding at 
     the end the following new paragraph:
       ``(G) Notwithstanding any other provision of this title, 
     the Secretary of Homeland Security shall permit an athlete, 
     or the employer of an athlete, to seek admission to the 
     United States for such athlete under a provision of this Act 
     other than section 101(a)(15)(P)(i).''.
                                 ______
                                 
  SA 3463. Mr. INHOFE (for himself, Mr. Enzi, Mr. Byrd, Mr. Coburn, Mr. 
Bunning, Mr. Chambliss, and Mr. Roberts) 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: 0

     SEC. __. NATIONAL LANGUAGE ACT OF 2006.

       (a) Short Title.--This section may be cited as the 
     ``National Language Act of 2006''.
       (b) English as Official Language.--
       (1) In general.--Title 4, United States Code, is amended by 
     adding at the end the following new chapter:

                ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``Sec
``161. Declaration of official language
``162. Official Government activities in English
``163. Preserving and enhancing the role of the official language
``164. Exceptions

     ``Sec. 161. Declaration of official language

       ``English shall be the official language of the Government 
     of the United States.

     ``Sec. 162. Official government activities in English

       ``The Government of the United States shall conduct its 
     official business in English, including publications, income 
     tax forms, and informational materials.

     ``Sec. 163. Preserving and enhancing the role of the official 
       language

       ``The Government of the United States shall preserve and 
     enhance the role of English as the official language of the 
     United States of America. Unless specifically stated in 
     applicable law, no person has a right, entitlement, or claim 
     to have the Government of the United States or any of its 
     officials or representatives act, communicate, perform or 
     provide services, or provide materials in any language other 
     than English. If exceptions are made, that does not create a 
     legal entitlement to additional services in that language or 
     any language other than English. If any forms are issued by 
     the Federal government in a language other than English (or 
     such forms are completed in a language other than English), 
     the English language version of the form is the sole 
     authority for all legal purposes.
                                 ______
                                 
  SA 3464. Mr. INHOFE (for himself and 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 42, between lines 11 and 12, insert the following:

         Subtitle D--National Border Neighborhood Watch Program

     SEC. 131. NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM.

       The Commissioner of the United States Customs and Border 
     Protection (referred to in this subtitle as the ``USCBP'') 
     shall establish a National Border Neighborhood Watch Program 
     (referred to in this subtitle as the ``NBNW Program'') to 
     permit retired law enforcement officers and civilian 
     volunteers to combat illegal immigration into the United 
     States.

     SEC. 132. BRAVE FORCE.

       (a) Establishment.--There is established in the USCBP a 
     Border Regiment Assisting in Valuable Enforcement Force 
     (referred to in this subtitle as ``BRAVE Force''), which 
     shall consist of retired law enforcement officers, to carry 
     out the NBNW Program.
       (b) Retired Law Enforcement Officers.--In this section, the 
     term ``retired law enforcement officer'' means an individual 
     who--
       (1) has retired from employment as a Federal, State, or 
     local law enforcement officer; and
       (2) has not reached the Social Security retirement age (as 
     defined in section 216(l) of the Social Security Act (42 
     U.S.C. 416(l)).
       (c) Effect on Personnel Caps.--Employees of BRAVE Force 
     hired to carry out the NBNW Program shall be considered as 
     additional agents and shall not count against the USCBP 
     personnel limits.
       (d) Retired Annuitants.--An employee of BRAVE Force who has 
     worked for the Federal Government shall be considered a 
     rehired annuitant and shall have no reduction in annuity as a 
     result of salary payment for such employees' service in the 
     NBNW Program.

     SEC. 133. CIVILIAN VOLUNTEERS.

       (a) In General.--The USCBP shall provide the opportunity 
     for civilian volunteers to assist in carrying out the 
     purposes of the NBNW Program.
       (b) Organization.--Not less than 3 civilian volunteers in 
     the NBNW Program may report to each employee of BRAVE Force.
       (c) Reporting.--A civilian volunteer shall report a 
     violation of Federal immigration law to the appropriate 
     employee of BRAVE Force as soon as possible after observing 
     such violation.
       (d) Reimbursement.--A civilian volunteer participating in 
     the NBNW Program shall be eligible for reimbursement by the 
     USCBP for expenses related to carrying out the duties of the 
     NBNW Program.

     SEC. 134. LIABILITY OF BRAVE FORCE EMPLOYEES AND CIVILIAN 
                   VOLUNTEERS.

       (a) Civilians.--A civilian volunteer participating in the 
     NBNW Program shall not be entitled to any immunity from 
     personal liability by virtue of the volunteer's participation 
     in the NBNW Program.
       (b) Employees.--An employee of the BRAVE Force shall not be 
     liable for the actions of a civilian volunteer participating 
     in the NBNW Program.

     SEC. 135. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this subtitle.
                                 ______
                                 
  SA 3465. Mr. INHOFE 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 11, after line 23, insert the following:

     SEC. 107. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS 
                   ENFORCEMENT FIELD OFFICE.

       (a) Findings.--Congress finds the following:
       (1) On July 17, 2002, 18 aliens who were present in the 
     United States illegally, including 3 minors, were taken into 
     custody by the Tulsa County Sheriff's Department. The aliens 
     were later released by officials of the former Immigration 
     and Naturalization Service.
       (2) On August 13, 2002, an immigration task force meeting 
     convened in Tulsa, Oklahoma,

[[Page 5607]]

     with the goal of bringing together local law enforcement and 
     the Immigration and Naturalization Service to open a dialogue 
     to find effective ways to better enforce Federal immigration 
     laws in the first District of Oklahoma.
       (3) On January 22, 2003, 4 new agents at the Immigration 
     and Naturalization Service office in Oklahoma City were 
     hired.
       (4) On January 30, 2003, Oklahoma's Immigration and 
     Naturalization Service office added 6 new special agents to 
     their staff.
       (5) On September 22, 2004, officials of the Bureau of 
     Immigration and Customs Enforcement of the Department 
     authorized the release of 18 individuals who may have been 
     present in the United States illegally and were in the 
     custody of the police department of the City of Catoosa, 
     Oklahoma. Catoosa Police stopped a truck carrying 18 
     individuals, including children, in the early morning hours 
     on that date. Only 2 of the individuals produced 
     identification. One adult was arrested on drug possession 
     charges and the remaining individuals were released.
       (6) Oklahoma has 1 Office of Investigations of the Bureau 
     of Immigration and Customs Enforcement, which is located in 
     Oklahoma City. In 2005, 12 agents of the Bureau of 
     Immigration and Customs Enforcement served the 3,500,000 
     people residing in Oklahoma.
       (7) Highway I-44 and U.S.-75 are major roads through Tulsa, 
     Oklahoma, that are used to transport illegal aliens to all 
     areas of the United States.
       (8) The establishment of a field office of the Office of 
     Investigations of the Bureau of Immigration and Customs 
     Enforcement in Tulsa, Oklahoma, will help enforce Federal 
     immigration laws in Eastern Oklahoma.
       (9) Seven agents of the Drug Enforcement Administration and 
     an estimated 22 agents of the Federal Bureau of Investigation 
     are assigned to duty stations in Tulsa, Oklahoma, and there 
     are no agents of the Bureau of Immigration and Customs 
     Enforcement who are assigned to a duty station in Tulsa, 
     Oklahoma.
       (b) Establishment of Field Office in Tulsa, Oklahoma.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary shall establish a field office of the 
     Office of Investigations of the Bureau of Immigration and 
     Customs Enforcement in Tulsa, Oklahoma.
                                 ______
                                 
  SA 3466. Mr. INHOFE 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 42, between lines 11 and 12, insert the following:

              Subtitle D--Immigration Enforcement Training

     SEC. 131. IMMIGRATION ENFORCEMENT TRAINING DEMONSTRATION 
                   PROJECT.

       (a) In General.--
       (1) Authority.--The Secretary is authorized to provide 
     assistance to the President of Cameron University, located in 
     Lawton, Oklahoma, to establish and implement the 
     demonstration project (referred to in this subtitle as the 
     ``Project'') described in this subtitle.
       (2) Purpose.--The purposes of the Project shall be to 
     assess the feasibility of establishing a nationwide e-
     learning training course, covering basic immigration law 
     enforcement issues, to be used by State, local, and tribal 
     law enforcement officers in order to improve and enhance the 
     ability of such officers, during their routine course of 
     duties, to assist Federal immigration officers in the 
     enforcement of immigration laws of the United States.
       (b) Project Director Responsibilities.--The Project shall 
     be carried out by the Project Director, who shall--
       (1) develop an online, e-learning Web site that--
       (A) provides State, local, and tribal law enforcement 
     officers access to the e-learning training course;
       (B) enrolls officers in the e-learning training course;
       (C) records the performance of officers on the course;
       (D) tracks officers' proficiency in learning the course's 
     concepts;
       (E) ensures a high level of security; and
       (F) encrypts personal and sensitive information;
       (2) develop an e-learning training course that--
       (A) entails not more than 4 hours of training;
       (B) is accessible through the on-line, e-learning Web site 
     developed under paragraph (1);
       (C) covers the basic principles and practices of 
     immigration law and the policies that relate to the 
     enforcement of immigration laws;
       (D) includes instructions about--
       (i) employment-based and family-based immigration;
       (ii) the various types of nonimmigrant visas;
       (iii) the differences between immigrant and nonimmigrant 
     status;
       (iv) the differences between lawful and unlawful presence;
       (v) the criminal and civil consequences of unlawful 
     presence;
       (vi) the various grounds for removal;
       (vii) the types of false identification commonly used by 
     illegal and criminal aliens;
       (viii) the common methods of alien smuggling and groups 
     that commonly participate in alien smuggling rings;
       (ix) the inherent legal authority of local law enforcement 
     officers to enforce federal immigration laws; and
       (x) detention and removal procedures, including expeditious 
     removal; and
       (E) is accessible through the secure, encrypted on-line, e-
     learning Web site not later than 90 days of the date of 
     enactment of this Act, and
       (F) incorporates content similar to that covered in the 4-
     hour training course provided by the employees of the 
     Immigration and Naturalization Service to Alabama State 
     Troopers during 2003, in addition to the training given 
     pursuant to an agreement by the State under section 287(g) of 
     the Immigration and Nationality Act (8 U.S.C. 1357(g)); and
       (3) assess the feasibility of expanding to State, local, 
     and tribal law enforcement agencies throughout the Nation the 
     on-line, e-learning Web site, including the e-learning 
     training course, by using on-line technology.
       (c) Period of Project.--The Project Director shall carry 
     out the demonstration project for a 2-year period beginning 
     90 days after the date of the enactment of this Act.
       (d) Participation in Project.--The Project Director shall 
     carry out the demonstration project by enrolling in the e-
     learning training course State, local, and tribal law 
     enforcement officers from--
       (1) Alabama;
       (2) Colorado;
       (3) Florida;
       (4) Oklahoma;
       (5) Texas; and
       (6) at least 1, but not more than 3, other States.
       (e) Participating Officers.--
       (1) Number.--A total of 100,000 officers shall have access 
     to, enroll in, and complete the e-learning training course 
     provided under the Project.
       (2) Apportionment.--The number of officers who are selected 
     to participate in the Project shall be apportioned according 
     to the State populations of the participating States.
       (3) Selection.--Participation in the Project shall--
       (A) be equally apportioned between State, county, and 
     municipal law enforcement agency officers;
       (B) include, when practicable, a significant subset of 
     tribal law enforcement officers; and
       (C) include officers from urban, rural, and highly rural 
     areas.
       (4) Recruitment.--Recruitment of participants shall begin 
     immediately, and occur concurrently, with the e-learning 
     training course's establishment and implementation.
       (5) Limitation on participation.--Officers shall be 
     ineligible to participate in the demonstration project if 
     they are employed by a State, local, or tribal law 
     enforcement agency that--
       (A) has in effect a statute, policy, or practice that 
     prohibits its law enforcement officers from cooperating with 
     Federal immigration enforcement agents; or
       (B) is otherwise in contravention of section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)).
       (6) Additional requirements.--The law enforcement officers 
     selected to participate in the e-learning training course 
     provided under the Project--
       (A) shall undergo standard vetting procedures, pursuant to 
     the Federal Law Enforcement Training Center Distributed 
     Learning Program, to ensure that each individual is a bona 
     fide law enforcement officer; and
       (B) shall be granted continuous access, throughout the 2-
     year period of the Project, to on-line course material and 
     other training and reference resources accessible through the 
     on-line, e-learning Web site.
       (f) Report.--
       (1) In general.--Not later than the end of the 2-year 
     period described in subsection (c), the Project Director 
     shall submit a report on the participation of State, local, 
     and tribal law enforcement officers in the Project's e-
     learning training course to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on the Judiciary of the House of 
     Representatives;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (D) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the cost savings realized by offering 
     training through the e-learning training course instead of 
     the residential classroom method;
       (B) an estimate of the difference between the 100,000 law 
     enforcement officers who received training through the e-
     learning training course and the number of law enforcement 
     officers who could have received training through the 
     residential classroom method in the same 2-year period;

[[Page 5608]]

       (C) the effectiveness of the e-learning training course 
     with respect to student-officer performance;
       (D) the convenience afforded student-officers with respect 
     to their ability to access the e-learning training course at 
     their own convenience and to return to the on-line, e-
     learning Web site for refresher training and reference; and
       (E) the ability of the on-line, e-learning Web site to 
     safeguard the student officers' private and personal 
     information while providing supervisors with appropriate 
     information about student performance and course completion.

     SEC. 132. EXPANSION OF PROGRAM.

       (a) In General.--After the completion of the Project, the 
     Secretary shall--
       (1) continue to make available the on-line, e-learning Web 
     site and the e-learning training course developed in the 
     Project;
       (2) annually enroll 100,000 new State, local, and tribal 
     law enforcement officers in such e-learning training course; 
     and
       (3) consult with Congress regarding the addition, 
     substitution, or removal of States eligible to participate in 
     such e-learning training course.
       (b) Limitation on Participation.--An individual is 
     ineligible to participate in the expansion of the Project 
     established under this subtitle if the individual is employed 
     by a State, local, or tribal law enforcement agency that--
       (1) has in effect a statute, policy, or practice that 
     prohibits its law enforcement officers from cooperating with 
     Federal immigration enforcement agents; or
       (2) is otherwise in contravention of section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)).

     SEC. 133. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2007.--There are authorized to be 
     appropriated $3,000,000 to the Secretary in fiscal year 2007 
     to carry out this subtitle.
       (b) Subsequent Fiscal Years.--There are authorized to be 
     appropriated in fiscal year 2008, and each subsequent fiscal 
     year, such sums as may be necessary to continue to operate, 
     promote, and recruit participants for the Project and the 
     expansion of the Project under this subtitle.
       (c) Availability of Funds.--Funds appropriated pursuant to 
     this section shall remain available until expended.
                                 ______
                                 
  SA 3467. Mr. INHOFE 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 13, strike lines 10 through 13 and insert the 
     following:
       (c) Study on the Use of Technology to Prevent Unlawful 
     Immigration.--The Secretary shall conduct a study of 
     available technology, including radar animal detection 
     systems, that could be utilized to--
       (1) increase the security of the international borders of 
     the United States; and
       (2) permit law enforcement officials to detect and prevent 
     illegal immigration.
       (d) Submission to Congress.--Not later than 6 months after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report, which shall include--
       (1) the plan required under subsection (a);
       (2) the results of the study carried out under subsection 
     (c); and
       (3) recommendations of the Secretary related to the 
     efficacy of the technologies studied under subsection (c).
                                 ______
                                 
  SA 3468. Mr. INHOFE 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. __. CRIMINAL PENALTIES FOR FORGERY OF FEDERAL DOCUMENTS.

       (a) In General.--Chapter 25 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 515. Federal records, documents, and writings, 
       generally

       ``Any person who--
       ``(1) falsely makes, alters, forges, or counterfeits any 
     Federal record, Federal document, Federal writing, or record, 
     document, or writing characterizing, or purporting to 
     characterize, official Federal activity, service, contract, 
     obligation, duty, property, or chose;
       ``(2) utters or publishes as true, or possesses with intent 
     to utter or publish as true, any record, document, or writing 
     described in paragraph (1), knowing, or negligently failing 
     to know, that such record, document, or writing has not been 
     verified, has been inconclusively verified, is unable to be 
     verified, or is false, altered, forged, or counterfeited;
       ``(3) transmits to, or presents at any office, or to any 
     officer, of the United States, any record, document, or 
     writing described in paragraph (1), knowing, or negligently 
     failing to know, that such record, document, or writing has 
     not been verified, has been inconclusively verified, is 
     unable to be verified, or is false, altered, forged, or 
     counterfeited;
       ``(4) attempts, or conspires to commit, any of the acts 
     described in paragraphs (1) through (3); or
       ``(5) while outside of the United States, engages in any of 
     the acts described in paragraphs (1) through (3),
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     25 of title 18, United States Code, is amended by inserting 
     after the item relating to section 514 the following:

``515. Federal records, documents, and writings, generally.''.
                                 ______
                                 
  SA 3469. Mr. INHOFE 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. __. IMMIGRATION TRAINING FOR LAW ENFORCEMENT.

       The Assistant Secretary of Homeland Security for the Bureau 
     of Immigration and Customs Enforcement (ICE) shall maximize 
     the training provided by ICE by using law-enforcement-
     sensitive, secure, encrypted, Web-based e-learning, including 
     the Distributed Learning Program of the Federal Law 
     Enforcement Training Center to provide--
       (1) basic immigration enforcement training for State, 
     local, and tribal police officers;
       (2) training, mentoring, and updates authorized under 
     section 287(f)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1357(g)) through e-learning, to the maximum extent 
     possible; and
       (3) access to ICE information, updates, and notices for ICE 
     field agents during field deployments.
                                 ______
                                 
  SA 3470. Mr. INHOFE (for himself, Mr. Enzi, Mr. Byrd, Mr. Coburn, Mr. 
Bunning, Mr. Chambliss, and Mr. Roberts) submitted an amendment 
intended to be proposed to amendment SA 3424 proposed by Mr. Frist 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. __. NATIONAL LANGUAGE ACT OF 2006.

       (a) Short Title.--This section may be cited as the 
     ``National Language Act of 2006''.
       (b) English as Official Language.--
       (1) In general.--Title 4, United States Code, is amended by 
     adding at the end the following new chapter:

                ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``Sec
``161. Declaration of official language
``162. Official Government activities in English
``163. Preserving and enhancing the role of the official language
``164. Exceptions

     ``Sec. 161. Declaration of official language

       ``English shall be the official language of the Government 
     of the United States.

     ``Sec. 162. Official government activities in English

       ``The Government of the United States shall conduct its 
     official business in English, including publications, income 
     tax forms, and informational materials.

     ``Sec. 163. Preserving and enhancing the role of the official 
       language

       ``The Government of the United States shall preserve and 
     enhance the role of English as the official language of the 
     United States of America. Unless specifically stated in 
     applicable law, no person has a right, entitlement, or claim 
     to have the Government of the United States or any of its 
     officials or representatives act, communicate, perform or 
     provide services, or provide materials in any language other 
     than English. If exceptions are made, that does not create a 
     legal entitlement to additional services in that language or 
     any language other than English. If any forms are issued by 
     the Federal government in a language other than English (or 
     such forms are completed in a language other than English), 
     the English language version of the form is the sole 
     authority for all legal purposes.
                                 ______
                                 
  SA 3471. Mr. INHOFE (for himself, and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 3424 proposed by Mr. 
Frist 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:


[[Page 5609]]

       At the appropriate place, insert the following:

         Subtitle D--National Border Neighborhood Watch Program

     SEC. 131. NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM.

       The Commissioner of the United States Customs and Border 
     Protection (referred to in this subtitle as the ``USCBP'') 
     shall establish a National Border Neighborhood Watch Program 
     (referred to in this subtitle as the ``NBNW Program'') to 
     permit retired law enforcement officers and civilian 
     volunteers to combat illegal immigration into the United 
     States.

     SEC. 132. BRAVE FORCE.

       (a) Establishment.--There is established in the USCBP a 
     Border Regiment Assisting in Valuable Enforcement Force 
     (referred to in this subtitle as ``BRAVE Force''), which 
     shall consist of retired law enforcement officers, to carry 
     out the NBNW Program.
       (b) Retired Law Enforcement Officers.--In this section, the 
     term ``retired law enforcement officer'' means an individual 
     who--
       (1) has retired from employment as a Federal, State, or 
     local law enforcement officer; and
       (2) has not reached the Social Security retirement age (as 
     defined in section 216(l) of the Social Security Act (42 
     U.S.C. 416(l)).
       (c) Effect on Personnel Caps.--Employees of BRAVE Force 
     hired to carry out the NBNW Program shall be considered as 
     additional agents and shall not count against the USCBP 
     personnel limits.
       (d) Retired Annuitants.--An employee of BRAVE Force who has 
     worked for the Federal Government shall be considered a 
     rehired annuitant and shall have no reduction in annuity as a 
     result of salary payment for such employees' service in the 
     NBNW Program.

     SEC. 133. CIVILIAN VOLUNTEERS.

       (a) In General.--The USCBP shall provide the opportunity 
     for civilian volunteers to assist in carrying out the 
     purposes of the NBNW Program.
       (b) Organization.--Not less than 3 civilian volunteers in 
     the NBNW Program may report to each employee of BRAVE Force.
       (c) Reporting.--A civilian volunteer shall report a 
     violation of Federal immigration law to the appropriate 
     employee of BRAVE Force as soon as possible after observing 
     such violation.
       (d) Reimbursement.--A civilian volunteer participating in 
     the NBNW Program shall be eligible for reimbursement by the 
     USCBP for expenses related to carrying out the duties of the 
     NBNW Program.

     SEC. 134. LIABILITY OF BRAVE FORCE EMPLOYEES AND CIVILIAN 
                   VOLUNTEERS.

       (a) Civilians.--A civilian volunteer participating in the 
     NBNW Program shall not be entitled to any immunity from 
     personal liability by virtue of the volunteer's participation 
     in the NBNW Program.
       (b) Employees.--An employee of the BRAVE Force shall not be 
     liable for the actions of a civilian volunteer participating 
     in the NBNW Program.

     SEC. 135. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this subtitle.
                                 ______
                                 
  SA 3472. Mr. INHOFE submitted an amendment intended to be proposed by 
Mr. Frist 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. 107. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS 
                   ENFORCEMENT FIELD OFFICE.

       (a) Findings.--Congress finds the following:
       (1) On July 17, 2002, 18 aliens who were present in the 
     United States illegally, including 3 minors, were taken into 
     custody by the Tulsa County Sheriff's Department. The aliens 
     were later released by officials of the former Immigration 
     and Naturalization Service.
       (2) On August 13, 2002, an immigration task force meeting 
     convened in Tulsa, Oklahoma, with the goal of bringing 
     together local law enforcement and the Immigration and 
     Naturalization Service to open a dialogue to find effective 
     ways to better enforce Federal immigration laws in the first 
     District of Oklahoma.
       (3) On January 22, 2003, 4 new agents at the Immigration 
     and Naturalization Service office in Oklahoma City were 
     hired.
       (4) On January 30, 2003, Oklahoma's Immigration and 
     Naturalization Service office added 6 new special agents to 
     their staff.
       (5) On September 22, 2004, officials of the Bureau of 
     Immigration and Customs Enforcement of the Department 
     authorized the release of 18 individuals who may have been 
     present in the United States illegally and were in the 
     custody of the police department of the City of Catoosa, 
     Oklahoma. Catoosa Police stopped a truck carrying 18 
     individuals, including children, in the early morning hours 
     on that date. Only 2 of the individuals produced 
     identification. One adult was arrested on drug possession 
     charges and the remaining individuals were released.
       (6) Oklahoma has 1 Office of Investigations of the Bureau 
     of Immigration and Customs Enforcement, which is located in 
     Oklahoma City. In 2005, 12 agents of the Bureau of 
     Immigration and Customs Enforcement served the 3,500,000 
     people residing in Oklahoma.
       (7) Highway I-44 and U.S.-75 are major roads through Tulsa, 
     Oklahoma, that are used to transport illegal aliens to all 
     areas of the United States.
       (8) The establishment of a field office of the Office of 
     Investigations of the Bureau of Immigration and Customs 
     Enforcement in Tulsa, Oklahoma, will help enforce Federal 
     immigration laws in Eastern Oklahoma.
       (9) Seven agents of the Drug Enforcement Administration and 
     an estimated 22 agents of the Federal Bureau of Investigation 
     are assigned to duty stations in Tulsa, Oklahoma, and there 
     are no agents of the Bureau of Immigration and Customs 
     Enforcement who are assigned to a duty station in Tulsa, 
     Oklahoma.
       (b) Establishment of Field Office in Tulsa, Oklahoma.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary shall establish a field office of the 
     Office of Investigations of the Bureau of Immigration and 
     Customs Enforcement in Tulsa, Oklahoma.
                                 ______
                                 
  SA 3473. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3424 proposed by Mr. Frist 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:

              Subtitle D--Immigration Enforcement Training

     SEC. 131. IMMIGRATION ENFORCEMENT TRAINING DEMONSTRATION 
                   PROJECT.

       (a) In General.--
       (1) Authority.--The Secretary is authorized to provide 
     assistance to the President of Cameron University, located in 
     Lawton, Oklahoma, to establish and implement the 
     demonstration project (referred to in this subtitle as the 
     ``Project'') described in this subtitle.
       (2) Purpose.--The purposes of the Project shall be to 
     assess the feasibility of establishing a nationwide e-
     learning training course, covering basic immigration law 
     enforcement issues, to be used by State, local, and tribal 
     law enforcement officers in order to improve and enhance the 
     ability of such officers, during their routine course of 
     duties, to assist Federal immigration officers in the 
     enforcement of immigration laws of the United States.
       (b) Project Director Responsibilities.--The Project shall 
     be carried out by the Project Director, who shall--
       (1) develop an online, e-learning Web site that--
       (A) provides State, local, and tribal law enforcement 
     officers access to the e-learning training course;
       (B) enrolls officers in the e-learning training course;
       (C) records the performance of officers on the course;
       (D) tracks officers' proficiency in learning the course's 
     concepts;
       (E) ensures a high level of security; and
       (F) encrypts personal and sensitive information;
       (2) develop an e-learning training course that--
       (A) entails not more than 4 hours of training;
       (B) is accessible through the on-line, e-learning Web site 
     developed under paragraph (1);
       (C) covers the basic principles and practices of 
     immigration law and the policies that relate to the 
     enforcement of immigration laws;
       (D) includes instructions about--
       (i) employment-based and family-based immigration;
       (ii) the various types of nonimmigrant visas;
       (iii) the differences between immigrant and nonimmigrant 
     status;
       (iv) the differences between lawful and unlawful presence;
       (v) the criminal and civil consequences of unlawful 
     presence;
       (vi) the various grounds for removal;
       (vii) the types of false identification commonly used by 
     illegal and criminal aliens;
       (viii) the common methods of alien smuggling and groups 
     that commonly participate in alien smuggling rings;
       (ix) the inherent legal authority of local law enforcement 
     officers to enforce federal immigration laws; and
       (x) detention and removal procedures, including expeditious 
     removal; and
       (E) is accessible through the secure, encrypted on-line, e-
     learning Web site not later than 90 days of the date of 
     enactment of this Act, and
       (F) incorporates content similar to that covered in the 4-
     hour training course provided by the employees of the 
     Immigration and Naturalization Service to Alabama State 
     Troopers during 2003, in addition to the training given 
     pursuant to an agreement by

[[Page 5610]]

     the State under section 287(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1357(g)); and
       (3) assess the feasibility of expanding to State, local, 
     and tribal law enforcement agencies throughout the Nation the 
     on-line, e-learning Web site, including the e-learning 
     training course, by using on-line technology.
       (c) Period of Project.--The Project Director shall carry 
     out the demonstration project for a 2-year period beginning 
     90 days after the date of the enactment of this Act.
       (d) Participation in Project.--The Project Director shall 
     carry out the demonstration project by enrolling in the e-
     learning training course State, local, and tribal law 
     enforcement officers from--
       (1) Alabama;
       (2) Colorado;
       (3) Florida;
       (4) Oklahoma;
       (5) Texas; and
       (6) at least 1, but not more than 3, other States.
       (e) Participating Officers.--
       (1) Number.--A total of 100,000 officers shall have access 
     to, enroll in, and complete the e-learning training course 
     provided under the Project.
       (2) Apportionment.--The number of officers who are selected 
     to participate in the Project shall be apportioned according 
     to the State populations of the participating States.
       (3) Selection.--Participation in the Project shall--
       (A) be equally apportioned between State, county, and 
     municipal law enforcement agency officers;
       (B) include, when practicable, a significant subset of 
     tribal law enforcement officers; and
       (C) include officers from urban, rural, and highly rural 
     areas.
       (4) Recruitment.--Recruitment of participants shall begin 
     immediately, and occur concurrently, with the e-learning 
     training course's establishment and implementation.
       (5) Limitation on participation.--Officers shall be 
     ineligible to participate in the demonstration project if 
     they are employed by a State, local, or tribal law 
     enforcement agency that--
       (A) has in effect a statute, policy, or practice that 
     prohibits its law enforcement officers from cooperating with 
     Federal immigration enforcement agents; or
       (B) is otherwise in contravention of section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)).
       (6) Additional requirements.--The law enforcement officers 
     selected to participate in the e-learning training course 
     provided under the Project--
       (A) shall undergo standard vetting procedures, pursuant to 
     the Federal Law Enforcement Training Center Distributed 
     Learning Program, to ensure that each individual is a bona 
     fide law enforcement officer; and
       (B) shall be granted continuous access, throughout the 2-
     year period of the Project, to on-line course material and 
     other training and reference resources accessible through the 
     on-line, e-learning Web site.
       (f) Report.--
       (1) In general.--Not later than the end of the 2-year 
     period described in subsection (c), the Project Director 
     shall submit a report on the participation of State, local, 
     and tribal law enforcement officers in the Project's e-
     learning training course to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on the Judiciary of the House of 
     Representatives;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (D) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the cost savings realized by offering 
     training through the e-learning training course instead of 
     the residential classroom method;
       (B) an estimate of the difference between the 100,000 law 
     enforcement officers who received training through the e-
     learning training course and the number of law enforcement 
     officers who could have received training through the 
     residential classroom method in the same 2-year period;
       (C) the effectiveness of the e-learning training course 
     with respect to student-officer performance;
       (D) the convenience afforded student-officers with respect 
     to their ability to access the e-learning training course at 
     their own convenience and to return to the on-line, e-
     learning Web site for refresher training and reference; and
       (E) the ability of the on-line, e-learning Web site to 
     safeguard the student officers' private and personal 
     information while providing supervisors with appropriate 
     information about student performance and course completion.

     SEC. 132. EXPANSION OF PROGRAM.

       (a) In General.--After the completion of the Project, the 
     Secretary shall--
       (1) continue to make available the on-line, e-learning Web 
     site and the e-learning training course developed in the 
     Project;
       (2) annually enroll 100,000 new State, local, and tribal 
     law enforcement officers in such e-learning training course; 
     and
       (3) consult with Congress regarding the addition, 
     substitution, or removal of States eligible to participate in 
     such e-learning training course.
       (b) Limitation on Participation.--An individual is 
     ineligible to participate in the expansion of the Project 
     established under this subtitle if the individual is employed 
     by a State, local, or tribal law enforcement agency that--
       (1) has in effect a statute, policy, or practice that 
     prohibits its law enforcement officers from cooperating with 
     Federal immigration enforcement agents; or
       (2) is otherwise in contravention of section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)).

     SEC. 133. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2007.--There are authorized to be 
     appropriated $3,000,000 to the Secretary in fiscal year 2007 
     to carry out this subtitle.
       (b) Subsequent Fiscal Years.--There are authorized to be 
     appropriated in fiscal year 2008, and each subsequent fiscal 
     year, such sums as may be necessary to continue to operate, 
     promote, and recruit participants for the Project and the 
     expansion of the Project under this subtitle.
       (c) Availability of Funds.--Funds appropriated pursuant to 
     this section shall remain available until expended.
                                 ______
                                 
  SA 3474. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3424 proposed by Mr. Frist 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:
       (c) Study on the Use of Technology to Prevent Unlawful 
     Immigration.--The Secretary shall conduct a study of 
     available technology, including radar animal detection 
     systems, that could be utilized to--
       (1) increase the security of the international borders of 
     the United States; and
       (2) permit law enforcement officials to detect and prevent 
     illegal immigration.
       (d) Submission to Congress.--Not later than 6 months after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report, which shall include--
       (1) the plan required under subsection (a);
       (2) the results of the study carried out under subsection 
     (c); and
       (3) recommendations of the Secretary related to the 
     efficacy of the technologies studied under subsection (c).
                                 ______
                                 
  SA 3475. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3424 proposed by Mr. Frist 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. __. CRIMINAL PENALTIES FOR FORGERY OF FEDERAL DOCUMENTS.

       (a) In General.--Chapter 25 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 515. Federal records, documents, and writings, 
       generally

       ``Any person who--
       ``(1) falsely makes, alters, forges, or counterfeits any 
     Federal record, Federal document, Federal writing, or record, 
     document, or writing characterizing, or purporting to 
     characterize, official Federal activity, service, contract, 
     obligation, duty, property, or chose;
       ``(2) utters or publishes as true, or possesses with intent 
     to utter or publish as true, any record, document, or writing 
     described in paragraph (1), knowing, or negligently failing 
     to know, that such record, document, or writing has not been 
     verified, has been inconclusively verified, is unable to be 
     verified, or is false, altered, forged, or counterfeited;
       ``(3) transmits to, or presents at any office, or to any 
     officer, of the United States, any record, document, or 
     writing described in paragraph (1), knowing, or negligently 
     failing to know, that such record, document, or writing has 
     not been verified, has been inconclusively verified, is 
     unable to be verified, or is false, altered, forged, or 
     counterfeited;
       ``(4) attempts, or conspires to commit, any of the acts 
     described in paragraphs (1) through (3); or
       ``(5) while outside of the United States, engages in any of 
     the acts described in paragraphs (1) through (3),

     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     25 of title 18, United States Code, is amended by inserting 
     after the item relating to section 514 the following:

``515. Federal records, documents, and writings, generally.''.
                                 ______
                                 
  SA 3476. Mr. INHOFE submitted an amendment intended to be proposed to

[[Page 5611]]

amendment SA 3424 proposed by Mr. Frist 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. __. IMMIGRATION TRAINING FOR LAW ENFORCEMENT.

       The Assistant Secretary of Homeland Security for the Bureau 
     of Immigration and Customs Enforcement (ICE) shall maximize 
     the training provided by ICE by using law-enforcement-
     sensitive, secure, encrypted, Web-based e-learning, including 
     the Distributed Learning Program of the Federal Law 
     Enforcement Training Center to provide--
       (1) basic immigration enforcement training for State, 
     local, and tribal police officers;
       (2) training, mentoring, and updates authorized under 
     section 287(f)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1357(g)) through e-learning, to the maximum extent 
     possible; and
       (3) access to ICE information, updates, and notices for ICE 
     field agents during field deployments.
                                 ______
                                 
  SA 3477. Mr. CONRAD 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 163, strike lines 23 through 25 and insert the 
     following:
       (a) In General.--Any alien with nonimmigrant status under 
     subparagraph (H)(i)(b) or (J) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), who 
     seeks to practice medicine in the United States, other than 
     during participation in an accredited medical residency 
     program, shall, during the 3-year period from the date of 
     commencement of such status (or, in the case of an alien who 
     initially practices medicine as part of such medical 
     residency program, from the date of completion of such 
     program), practice medicine in a facility that treats 
     patients who reside in a Health Professional Shortage Area 
     (as designated under section 5 of title 42, Code of Federal 
     Regulations) or a Medically Underserved Area (as designated 
     by the Secretary of Health and Human Services).
       (b) Exemption From Numerical Limitation.--Section 214(g)(5) 
     (8 U.S.C. 1184(g)(5)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(D) practices medicine in a facility that treats patients 
     who reside in a Health Professional Shortage Area or a 
     Medically Underserved Area, in accordance with section 226(a) 
     of the Comprehensive Immigration Reform Act of 2006.''.
       (c) Extension of Waiver Program.--Section 220(c) of the 
     Immigration and Nationality Technical Corrections Act of 1994 
     (8 U.S.C. 1182 note) is amended by striking ``and before June 
     1, 2006.''.
                                 ______
                                 
  SA 3478. Mr. DOMENICI (for himself, 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:

       At the appropriate place, 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 3479. 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 62, after line 9, add the following:

     Subtitle F--Border Infrastructure and Technology Modernization

     SEC. 161. SHORT TITLE.

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

     SEC. 162. 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. 163. 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. 164. 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. 165. 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
       (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

[[Page 5612]]

     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. 166. 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. 167. 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 3480. 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. ___. COOPERATION WITH THE GOVERNMENT OF MEXICO.

       (a) Cooperation Regarding Border Security.--The Secretary 
     of State, in cooperation with the Secretary and 
     representatives of Federal, State, and local law enforcement 
     agencies that are involved in border security and immigration 
     enforcement efforts, shall work with the appropriate 
     officials from the Government of Mexico to improve 
     coordination between the United States and Mexico regarding--
       (1) improved border security along the international border 
     between the United States and Mexico;
       (2) the reduction of human trafficking and smuggling 
     between the United States and Mexico;
       (3) the reduction of drug trafficking and smuggling between 
     the United States and Mexico;
       (4) the reduction of gang membership in the United States 
     and Mexico;
       (5) the reduction of violence against women in the United 
     States and Mexico; and
       (6) the reduction of other violence and criminal activity.
       (b) Cooperation Regarding Education on Immigration Laws.--
     The Secretary of State, in cooperation with other appropriate 
     Federal officials, shall work with the appropriate officials 
     from the Government of Mexico to carry out activities to 
     educate citizens and nationals of Mexico regarding 
     eligibility for status as a nonimmigrant under Federal law to 
     ensure that the citizens and nationals are not exploited 
     while working in the United States.
       (c) Cooperation Regarding Circular Migration.--The 
     Secretary of State, in cooperation with the Secretary of 
     Labor and other appropriate Federal officials, shall work 
     with the appropriate officials from the Government of Mexico 
     to improve coordination between the United States and Mexico 
     to encourage circular migration, including assisting in the 
     development of economic opportunities and providing job 
     training for citizens and nationals in Mexico.
       (d) Annual Report.--Not later than 180 days after the date 
     of enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to Congress a report on the 
     actions taken by the United States and Mexico under this 
     section.
                                 ______
                                 
  SA 3481. 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 3482. Mr. OBAMA submitted an amendment intended to be proposed to 
amendment SA 3361 submitted by Mr. Grassley (for himself and Mr. Kyl) 
and intended to be proposed 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 III and insert the following:

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

       ``(a) Making Employment of Unauthorized Aliens Unlawful.--
       ``(1) In general.--It is unlawful for an employer--
       ``(A) to hire, or to recruit or refer for a fee, an alien 
     for employment in the United States knowing that the alien is 
     an unauthorized alien with respect to such employment; or

[[Page 5613]]

       ``(B) to hire, or to recruit or refer for a fee, for 
     employment in the United States an individual unless such 
     employer meets the requirements of subsections (c) and (d).
       ``(2) Continuing employment.--It is unlawful for an 
     employer, after lawfully hiring an alien for employment, to 
     continue to employ the alien in the United States knowing 
     that the alien is (or has become) an unauthorized alien with 
     respect to such employment.
       ``(3) Use of labor through contract.--In this section, an 
     employer who uses a contract, subcontract, or exchange, 
     entered into, renegotiated, or extended after the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006, to obtain the labor of an alien in the United States 
     knowing that the alien is an unauthorized alien with respect 
     to performing such labor, shall be considered to have hired 
     the alien for employment in the United States in violation of 
     paragraph (1)(A).
       ``(4) Rebuttable presumption of unlawful hiring.--A 
     rebuttable presumption is created for the purpose of a civil 
     enforcement proceeding that an employer knowingly violated 
     paragraph (1)(A) if the Secretary determines that--
       ``(A) the employer hired 50 or more new employees during a 
     calendar year and that at least 10 percent of new employees 
     hired in the calendar year by the employer were unauthorized 
     aliens; or
       ``(B) the employer hired less than 50 new employees during 
     a calendar year and that 5 new employees hired by the 
     employer in the calendar year were unauthorized aliens.
       ``(5) Defense.--
       ``(A) In general.--Subject to subparagraph (B), an employer 
     that establishes that the employer has complied in good faith 
     with the requirements of subsections (c) and (d) has 
     established an affirmative defense that the employer has not 
     violated paragraph (1)(A) with respect to such hiring, 
     recruiting, or referral.
       ``(B) Exception.--Until the date that an employer is 
     required to participate in the Electronic Employment 
     Verification System under subsection (d) or is permitted to 
     participate in such System on a voluntary basis, the employer 
     may establish an affirmative defense under subparagraph (A) 
     without a showing of compliance with subsection (d).
       ``(b) Order of Internal Review and Certification of 
     Compliance.--
       ``(1) Authority to require certification.--If the Secretary 
     has reasonable cause to believe that an employer has failed 
     to comply with this section, the Secretary is authorized, at 
     any time, to require that the employer certify that the 
     employer is in compliance with this section, or has 
     instituted a program to come into compliance.
       ``(2) Content of certification.--Not later than 60 days 
     after the date an employer receives a request for a 
     certification under paragraph (1) the chief executive officer 
     or similar official of the employer shall certify under 
     penalty of perjury that--
       ``(A) the employer is in compliance with the requirements 
     of subsections (c) and (d); or
       ``(B) that the employer has instituted a program to come 
     into compliance with such requirements.
       ``(3) Extension.--The 60-day period referred to in 
     paragraph (2), may be extended by the Secretary for good 
     cause, at the request of the employer.
       ``(4) Publication.--The Secretary is authorized to publish 
     in the Federal Register standards or methods for 
     certification and for specific recordkeeping practices with 
     respect to such certification, and procedures for the audit 
     of any records related to such certification.
       ``(c) Document Verification Requirements.--An employer 
     hiring, or recruiting or referring for a fee, an individual 
     for employment in the United States shall take all reasonable 
     steps to verify that the individual is eligible for such 
     employment. Such steps shall include meeting the requirements 
     of subsection (d) and the following paragraphs:
       ``(1) Attestation by employer.--
       ``(A) Requirements.--
       ``(i) In general.--The employer shall attest, under penalty 
     of perjury and on a form prescribed by the Secretary, that 
     the employer has verified the identity and eligibility for 
     employment of the individual by examining--

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

       ``(ii) Signature requirements.--An attestation required by 
     clause (i) may be manifested by a handwritten or electronic 
     signature.
       ``(iii) Standards for examination.--An employer has 
     complied with the requirement of this paragraph with respect 
     to examination of a document if the document examined 
     reasonably appears on its face to be genuine. If an 
     individual provides a document (or combination of documents) 
     that reasonably appears on its face to be genuine and that is 
     sufficient to meet the requirement of clause (i), nothing in 
     this paragraph may be construed as requiring the employer to 
     solicit the production of any other document or as requiring 
     the individual to produce such another document.
       ``(iv) Requirements for employment eligibility system 
     participants.--A participant in the Electronic Employment 
     Veri-
     fication System established under subsection (d), regardless 
     of whether such participation is voluntary or mandatory, 
     shall be permitted to utilize any technology that is 
     consistent with this section and with any regulation or 
     guidance from the Secretary to streamline the procedures to 
     comply with the attestation requirement, and to comply with 
     the employment eligibility verification requirements 
     contained in this section.
       ``(B) Documents establishing both employment eligibility 
     and identity.--A document described in this subparagraph is 
     an individual's--
       ``(i) United States passport; or
       ``(ii) permanent resident card or other document designated 
     by the Secretary, if the document--

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

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

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

       ``(D) Documents establishing identity of individual.--A 
     document described in this subparagraph is an individual's--

       ``(i) driver's license or identity card issued by a State, 
     the Commonwealth of the Northern Mariana Islands, or an 
     outlying possession of the United States provided that such a 
     card or document--
       ``(I) contains the individual's photograph or information, 
     including the individual's name, date of birth, gender, eye 
     color, and address; and
       ``(II) contains security features to make such license or 
     card resistant to tampering, counterfeiting, or fraudulent 
     use;

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

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

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

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

       ``(E) Authority to prohibit use of certain documents.--
       ``(i) Authority.--If the Secretary finds that a document or 
     class of documents described in subparagraph (B), (C), or (D) 
     is not reliable to establish identity or eligibility for 
     employment (as the case may be) or is being used fraudulently 
     to an unacceptable degree, the Secretary is authorized to 
     prohibit, or impose conditions, on the use of such document 
     or class of documents for purposes of this subsection.
       ``(ii) Requirement for publication.--The Secretary shall 
     publish notice of any findings under clause (i) in the 
     Federal Register.
       ``(2) Attestation of employee.--
       ``(A) Requirements.--
       ``(i) In general.--The individual shall attest, under 
     penalty of perjury on the form prescribed by the Secretary, 
     that the individual is a national of the United States, an 
     alien lawfully admitted for permanent residence, or an alien 
     who is authorized under this Act or by the Secretary to be 
     hired, recruited, or referred for a fee, in the United 
     States.
       ``(ii) Signature for examination.--An attestation required 
     by clause (i) may be manifested by a handwritten or 
     electronic signature.
       ``(B) Penalties.--An individual who falsely represents that 
     the individual is eligible for employment in the United 
     States in an attestation required by subparagraph (A) shall, 
     for each such violation, be subject to a fine of not more 
     than $5,000, a term of imprisonment not to exceed 3 years, or 
     both.

[[Page 5614]]

       ``(3) Retention of attestation.--An employer shall retain a 
     paper, microfiche, microfilm, or electronic version of an 
     attestation submitted under paragraph (1) or (2) for an 
     individual and make such attestations available for 
     inspection by an officer of the Department of Homeland 
     Security, any other person designated by the Secretary, the 
     Special Counsel for Immigration-Related Unfair Employment 
     Practices of the Department of Justice, or the Secretary of 
     Labor during a period beginning on the date of the hiring, or 
     recruiting or referring for a fee, of the individual and 
     ending--
       ``(A) in the case of recruiting or referral for a fee of an 
     individual, 3 years after the date of the recruiting or 
     referral; or
       ``(B) in the case of the hiring of an individual the later 
     of--
       ``(i) 3 years after the date of such hiring;
       ``(ii) 1 year after the date of the individual's employment 
     is terminated; or
       ``(iii) in the case of an employer or class of employers, a 
     period that is less than the applicable period described in 
     clause (i) or (ii) if the Secretary reduces such period for 
     such employer or class of employers.
       ``(4) Document retention and recordkeeping requirements.--
       ``(A) Retention of documents.--An employer shall retain, 
     for the applicable period described in paragraph (3), the 
     following documents:
       ``(i) In general.--Notwithstanding any other provision of 
     law, the employer shall copy all documents presented by an 
     individual pursuant to this subsection and shall retain 
     paper, microfiche, microfilm, or electronic copies of such 
     documents. Such copies shall reflect the signature of the 
     employer and the individual and the date of receipt of such 
     documents.
       ``(ii) Use of retained documents.--An employer shall use 
     copies retained under clause (i) only for the purposes of 
     complying with the requirements of this subsection, except as 
     otherwise permitted under law.
       ``(B) Retention of clarification documents.--The employer 
     shall maintain records of any actions and copies of any 
     correspondence or action taken by the employer to clarify or 
     resolve any issue that raises reasonable doubt as to the 
     validity of the individual's identity or eligibility for 
     employment in the United States.
       ``(C) Retention of other records.--The Secretary may 
     require that an employer retain copies of additional records 
     related to the individual for the purposes of this section.
       ``(5) Penalties.--An employer that fails to comply with the 
     requirement of this subsection shall be subject to the 
     penalties described in subsection (e)(4)(B).
       ``(6) No authorization of national identification cards.--
     Nothing in this section may be construed to authorize, 
     directly or indirectly, the issuance, use, or establishment 
     of a national identification card.
       ``(d) Electronic Employment Verifi-
     cation System.--
       ``(1) Requirement for system.--The Secretary, in 
     cooperation with the Commissioner of Social Security, shall 
     implement an Electronic Employment Verification System 
     (referred to in this subsection as the `System') as described 
     in this subsection.
       ``(2) Management of system.--
       ``(A) In general.--The Secretary shall, through the 
     System--
       ``(i) provide a response to an inquiry made by an employer 
     through the Internet or other electronic media or over a 
     telephone line regarding an individual's identity and 
     eligibility for employment in the United States;
       ``(ii) establish a set of codes to be provided through the 
     System to verify such identity and authorization; and
       ``(iii) maintain a record of each such inquiry and the 
     information and codes provided in response to such inquiry.
       ``(B) Initial response.--
       ``(i) In general.--The Secretary shall, through the System, 
     tentatively confirm or nonconfirm an individual's identity 
     and eligibility for employment in the United States not later 
     than 1 working day after an employer submits an inquiry 
     regarding the individual.
       ``(ii) Manual verification.--If a tentative nonconfirmation 
     is provided for an individual under clause (i), the 
     Secretary, through the System, shall conduct a secondary 
     manual verification not later than 9 working days after such 
     tentative nonconfirmation is made.
       ``(iii) Notices.--Not later than 10 working days after an 
     employer submits an inquiry to the System regarding an 
     individual, the Secretary shall provide, through the System, 
     to the employer--

       ``(I) if the System is able to confirm, through a 
     verification described in clause (i) or (ii), the 
     individual's identity and eligibility for employment in the 
     United States, an appropriate code indicating such 
     confirmation; or
       ``(II) if the System is unable to confirm, through a 
     verification described in clause (i) or (ii), the 
     individual's identity or eligibility for employment in the 
     United States, an appropriate code indicating such tentative 
     nonconfirmation.

       ``(iv) Default confirmation in case of system failure.--If 
     the Secretary, through the System, fails to provide a notice 
     described in clause (iii) for an individual within the period 
     described in such clause, an appropriate code indicating 
     confirmation shall be provided to the employer. Such 
     confirmation shall remain in effect for the individual until 
     the Secretary, through the System, provides a notice that--

       ``(I) the System is unable to confirm the individual's 
     identity; or
       ``(II) the individual is ineligible for employment in the 
     United States.

       ``(C) Verification process in case of a tentative 
     nonconfirmation notice.--
       ``(i) In general.--If a tentative nonconfirmation notice is 
     issued under subparagraph (B)(iii)(II), not later than 10 
     working days after the date an individual submits information 
     to contest such notice under paragraph (7)(C)(ii)(III), the 
     Secretary, through the System, shall issue to the employer an 
     appropriate code indicating final confirmation or final 
     nonconfirmation.
       ``(ii) Default confirmation in case of system failure.--If 
     the Secretary, through the System, fails to confirm or 
     tentatively nonconfirm the individual's identity and 
     eligibility for employment in the United States within the 
     period described in clause (i), an appropriate code 
     indicating confirmation shall be provided to the employer. 
     Such confirmation shall remain in effect for the individual 
     until the Secretary, through the System, provides a notice 
     that--

       ``(I) the System is unable to confirm the individual's 
     identity; or
       ``(II) the individual is ineligible for employment in the 
     United States.

       ``(iii) Development of process.--The Secretary shall 
     consult with the Commissioner of Social Security to develop a 
     verification process to be used to provide a final 
     confirmation notice or a final nonconfirmation notice under 
     clause (i).
       ``(D) Right to appeal final nonconfirmation.--The 
     individual shall have the right to an administrative or 
     judicial appeal of a notice of final nonconfirmation. The 
     Secretary shall consult with the Commissioner of Social 
     Security to develop a process for such appeals.
       ``(E) Design and operation of system.--The Secretary, in 
     consultation with the Commissioner of Social Security, shall 
     design and operate the System--
       ``(i) to maximize reliability and ease of use by employers 
     in a manner that protects and maintains the privacy and 
     security of the information maintained in the System;
       ``(ii) to respond to each inquiry made by an employer; and
       ``(iii) to track and record any occurrence when the System 
     is unable to receive such an inquiry;
       ``(iv) to include appropriate administrative, technical, 
     and physical safeguards to prevent unauthorized disclosure of 
     personal information during use, transmission, storage, or 
     disposal of that information, including the use of 
     encryption, carrying out periodic stress testing of the 
     System to detect, prevent, and respond to vulnerabilities or 
     other failures, and utilizing periodic security updates;
       ``(v) to allow for monitoring of the use of the System and 
     provide an audit capability;
       ``(vi) to have reasonable safeguards, developed in 
     consultation with the Attorney General, to prevent employers 
     from engaging in unlawful discriminatory practices, based on 
     national origin or citizenship status; and
       ``(vii) to permit individuals--

       ``(I) to view their own records in order to ensure the 
     accuracy of such records; and
       ``(II) to contact the appropriate agency to correct any 
     errors through an expedited process established by the 
     Secretary, in consultation and coordination with the 
     Commissioner of Social Security.

       ``(F) Limitation on data elements stored.--The System and 
     any databases created by the Commissioner of Social Security 
     or the Secretary to achieve confirmation, tentative 
     nonconfirmation, or final nonconfirmation under the System 
     shall store only the minimum data about each individual for 
     whom an inquiry was made to facilitate the successful 
     operation of the System, and in no case shall the data stored 
     be other than--
       ``(i) the individual's full legal name;
       ``(ii) the individual's date of birth;
       ``(iii) the individual's social security account number, or 
     employment authorization status identification number;
       ``(iv) the address of the employer making the inquiry and 
     the dates of any prior inquiries concerning the identity and 
     authorization of the employee by the employer or any other 
     employer and the address of such employer;
       ``(v) a record of each prior confirmation, tentative 
     nonconfirmation, or final nonconfirmation made by the System 
     for such individual; and
       ``(vi) in the case of the individual successfully 
     contesting a prior tentative nonconfirmation, explanatory 
     information concerning the successful resolution of any 
     erroneous data or confusion regarding the identity or 
     eligibility for employment of the individual, including the 
     source of that error.
       ``(G) Responsibilities of the commissioner of social 
     security.--The Commissioner of Social Security shall 
     establish a reliable, secure method to provide through the 
     System, within the time periods required by subparagraphs (B) 
     and (C)--

[[Page 5615]]

       ``(i) a determination of whether the name and social 
     security account number provided in an inquiry by an employer 
     match such information maintained by the Commissioner in 
     order to confirm the validity of the information provided;
       ``(ii) determination of the citizenship status associated 
     with such name and social security account number, according 
     to the records maintained by the Commissioner; and
       ``(iii) a confirmation notice or a nonconfirmation notice 
     under subparagraph (B) or (C), in a manner that ensures that 
     other information maintained by the Commissioner is not 
     disclosed or released to employers through the System.
       ``(H) Responsibilities of the secretary.--The Secretary 
     shall establish a reliable, secure method to provide through 
     the System, within the time periods required by subparagraphs 
     (B) and (C)--
       ``(i) a determination of whether the name and alien 
     identification or authorization number provided in an inquiry 
     by an employer match such information maintained by the 
     Secretary in order to confirm the validity of the information 
     provided;
       ``(ii) a determination of whether such number was issued to 
     the named individual;
       ``(iii) a determination of whether the individual is 
     authorized to be employed in the United States; and
       ``(iv) any other related information that the Secretary may 
     require.
       ``(I) Office of electronic verification.--
       ``(i) In general.--The Secretary shall establish the Office 
     of Electronic Verification in the Bureau of Citizenship and 
     Immigration Services.
       ``(ii) Responsibilities.--Subject to available 
     appropriations, the Office of Electronic Verification shall 
     work with the Commissioner of Social Security--

       ``(I) to update the information maintained in the System in 
     a manner that promotes maximum accuracy;
       ``(II) to provide a process for correcting erroneous 
     information by registering not less than 97 percent of the 
     new information and information changes submitted by 
     employees within all relevant databases within 24 hours after 
     submission and registering not less than 99 percent of such 
     information within 10 working days after submission;
       ``(III) to ensure that at least 99 percent of the data 
     received from field offices of the Bureau of Customs and 
     Border Protection and from other points of contact between 
     immigrants and the Department of Homeland Security is 
     registered within all relevant databases within 24 hours 
     after receipt;
       ``(IV) to ensure that at least 99 percent of the data 
     received from field offices of the Social Security 
     Administration and other points of contact between citizens 
     and the Social Security Administration is registered within 
     all relevant databases within 24 hours after receipt;
       ``(V) to employ a sufficient number of manual status 
     verifiers to resolve 99 percent of the tentative 
     nonconfirmations within 3 days;
       ``(VI) to establish and promote call-in help lines 
     accessible to employers and employees on a 24-hour basis with 
     questions about the functioning of the System or about the 
     specific issues underlying a tentative nonconfirmation;
       ``(VII) to establish an outreach and education program to 
     ensure that all new employers are fully informed of their 
     responsibilities under the System; and
       ``(VIII) to conduct a random audit of a substantial 
     percentage of workers' files in a database maintained by an 
     agency or department of the United States each year to 
     determine accuracy rates and require corrections of errors in 
     a timely manner.

       ``(J) Right to review system information and appeal 
     erroneous nonconfirmations.--Any individual who contests a 
     tentative nonconfirmation or final nonconfirmation may review 
     and challenge the accuracy of the data elements and 
     information within the System upon, which such a 
     nonconfirmation was based. Such a challenge may include the 
     ability to submit additional information or appeal any final 
     nonconfirmation to the Office of Electronic Verification. The 
     Office of Electronic Verification shall review any such 
     information submitted pursuant to such a challenge and issue 
     a response and decision concerning the appeal within 7 days 
     of the filing of such a challenge. The Office of Electronic 
     Verification shall at least annually study and issue findings 
     concerning the most common causes for erroneous 
     nonconfirmations and issue recommendations concerning the 
     resolution of such causes.
       ``(K) Privacy impact assessment.--The Commissioner of 
     Social Security and the Secretary shall each complete a 
     privacy impact assessment as described in section 208 of the 
     E-Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 
     note) with regard to the System.
       ``(L) Training.--The Commissioner of Social Security and 
     the Secretary shall provide appropriate training materials to 
     participating employers to ensure such employers are able to 
     utilize the System in compliance with the requirements of 
     this section.
       ``(M) Hotline.--The Secretary shall establish a fully 
     staffed 24-hour hotline to receive inquiries by employees 
     concerning tentative nonconfirmations and final 
     nonconfirmations and shall identify for employees, at the 
     time of inquiry, the particular data that resulted on the 
     issuance of a nonconfirmation notice under the System.
       ``(3) Requirements for participation.--Except as provided 
     in paragraphs (4) and (5), the Secretary shall require 
     employers to participate in the System as follows:
       ``(A) Critical employers.--
       ``(i) Required participation.--

       ``(I) Designation.--As of the date that is 180 days after 
     the date of the enactment of the Comprehensive Immigration 
     Reform Act of 2006, the Secretary shall designate, in the 
     Secretary's sole and unrevieweable discretion, an employer or 
     class of employers under this subclause if the Secretary 
     determines such employer or class of employers is part of the 
     critical infrastructure of the United States or directly 
     related to the national security or homeland security of the 
     United States.
       ``(II) Participation.--Not later than 180 days after the 
     date an employer or class of employers is designated under 
     subclause (I), the Secretary shall require such employer or 
     class of employers to participate in the System, with respect 
     to employees hired by the employer on or after the date of 
     the enactment of the Comprehensive Immigration Reform Act of 
     2006.

       ``(ii) Discretionary participation.--

       ``(I) Designation.--As of the date that is 180 days after 
     the date of the enactment of the Comprehensive Immigration 
     Reform Act of 2006, the Secretary may designate, in the 
     Secretary's sole and unreviewable discretion, an employer or 
     class of employers under this subclause if the Secretary 
     determines such employer or class of employers as a critical 
     employer based on immigration enforcement or homeland 
     security needs.
       ``(II) Participation.--Not later than 180 days after the 
     date an employer or class of employers is designated under 
     subclause (I), the Secretary may require such employer or 
     class of employers to participate in the System, with respect 
     to employees hired on or after the date of the enactment of 
     the Comprehensive Immigration Reform Act of 2006.

       ``(B) Large employers.--Not later than 2 years after the 
     date of the enactment of the Comprehensive Immigration Reform 
     Act of 2006, the Secretary shall require an employer with 
     5,000 or more employees in the United States to participate 
     in the System, with respect to all employees hired by the 
     employer after the date the Secretary requires such 
     participation.
       ``(C) Midsized employers.--Not later than 3 years after the 
     date of enactment of the Comprehensive Immigration Reform Act 
     of 2006, the Secretary shall require an employer with 1,000 
     or more employees in the United States to participate in the 
     System, with respect to all employees hired by the employer 
     after the date the Secretary requires such participation.
       ``(D) Small employers.--Not later than 4 years after the 
     date of the enactment of the Comprehensive Immigration Reform 
     Act of 2006, the Secretary shall require all employers with 
     250 or more employees in the United States to participate in 
     the System, with respect to all employees hired by the 
     employer after the date the Secretary requires such 
     participation.
       ``(E) Remaining employers.--Not later than 5 years after 
     the date of the enactment of the Comprehensive Immigration 
     Reform Act of 2006, the Secretary shall require all employers 
     in the United States to participate in the System, with 
     respect to all employees hired by an employer after the date 
     the Secretary requires such participation.
       ``(F) Requirement to publish.--The Secretary shall publish 
     in the Federal Register the requirements for participation in 
     the System as described in subparagraphs (B), (C), (D), and 
     (E) prior to the effective date of such requirements.
       ``(4) Other participation in system.--Notwithstanding 
     paragraph (3), the Secretary has the authority, in the 
     Secretary's sole and unreviewable discretion to permit any 
     employer that is not required to participate in the System 
     under paragraph (3) to participate in the System on a 
     voluntary basis.
       ``(5) Waiver.--
       ``(A) Authority to provide a waiver.--The Secretary is 
     authorized to waive or delay the participation requirements 
     of paragraph (3) with respect to any employer or class of 
     employers if the Secretary provides notice to Congress of 
     such waiver prior to the date such waiver is granted.
       ``(B) Requirement to provide a waiver.--The Secretary shall 
     waive or delay the participation requirements of paragraph 
     (3) with respect to any employer or class of employers until 
     the date that the Comptroller General of the United States 
     submits the initial certification described in paragraph 
     (13)(E) and shall waive or delay such participation during a 
     year if the Comptroller General fails to submit a 
     certification of paragraph (13)(E) for such year.
       ``(6) Consequence of failure to participate.--If an 
     employer is required to participate in the System and fails 
     to comply with the requirements of the System with respect to 
     an individual--
       ``(A) such failure shall be treated as a violation of 
     subsection (a)(1)(B) of this section with respect to such 
     individual; and
       ``(B) a rebuttable presumption is created that the employer 
     has violated subsection

[[Page 5616]]

     (a)(1)(A) of this section, however such presumption may not 
     apply to a prosecution under subsection (f)(1).
       ``(7) System requirements.--
       ``(A) In general.--An employer that participates in the 
     System, with respect to the hiring, or recruiting or 
     referring for a fee, of any individual for employment in the 
     United States, shall--
       ``(i) notify employees of the employer and prospective 
     employees to whom the employer has extended a job offer that 
     the employer participates in the System and that the System 
     may be used for immigration enforcement purposes;
       ``(ii) obtain from the individual and record on the form 
     designated by the Secretary--

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

       ``(iii) retain such form in electronic format, paper, 
     microfilm, or microfiche and make such a form available for 
     inspection for the periods and in the manner described in 
     subsection (c)(3); and
       ``(iv) safeguard any information collected for purposes of 
     the System and protect any means of access to such 
     information to ensure that such information is not used for 
     any other purpose and to protect the confidentiality of such 
     information, including ensuring that such information is not 
     provided to any person other than a person that carries out 
     the employer's responsibilities under this subsection.
       ``(B) Seeking verification.--The employer shall submit an 
     inquiry through the System to seek confirmation of the 
     individual's identity and eligibility for employment in the 
     United States not later than 3 working days (or such other 
     reasonable time as may be specified by the Secretary of 
     Homeland Security) after the date of the hiring, or 
     recruiting or referring for a fee, of the individual (as the 
     case may be).
       ``(C) Confirmation or nonconfirmation.--
       ``(i) Confirmation upon initial inquiry.--If an employer 
     receives a confirmation notice under paragraph (2)(B)(i) for 
     an individual, the employer shall record, on the form 
     specified by the Secretary, the appropriate code provided in 
     such notice.
       ``(ii) Nonconfirmation and verification.--

       ``(I) Nonconfirmation.--If an employer receives a tentative 
     nonconfirmation notice under paragraph (2)(B)(ii) for an 
     individual, the employer shall inform such individual of the 
     issuances of such notice in writing and shall provide the 
     individual with information about the right to contest the 
     tentative nonconfirmation and contact information for the 
     appropriate agency to file such contest.
       ``(II) No contest.--If the individual does not contest the 
     tentative nonconfirmation notice under subclause (I) within 
     10 days of receiving notice from the individual's employer, 
     the notice shall become final and the employer shall record 
     on the form specified by the Secretary, the appropriate code 
     provided in the nonconfirmation notice. An individual's 
     failure to contest a tentative nonconfirmation may not be the 
     basis for determining that the individual acted in a knowing 
     (as defined in section 274a.1 of title 8, Code of Federal 
     Regulations, or any corresponding similar regulation) manner.
       ``(III) Contest.--If the individual contests the tentative 
     nonconfirmation notice under subclause (I), the individual 
     shall submit appropriate information to contest such notice 
     to the System within 10 working days of receiving notice from 
     the individual's employer and shall utilize the verification 
     process developed under paragraph (2)(C)(ii).
       ``(IV) Effective period of tentative nonconfirmation.--A 
     tentative nonconfirmation notice shall remain in effect until 
     a final such notice becomes final under clause (II) or a 
     final confirmation notice or final nonconfirmation notice is 
     issued by the System.
       ``(V) Prohibition on termination.--An employer may not 
     terminate the employment of an individual based on a 
     tentative nonconfirmation notice until such notice becomes 
     final under subclause (II) or a final nonconfirmation notice 
     is issued for the individual by the System. Nothing in this 
     clause shall apply to a termination of employment for any 
     reason other than because of such a failure.
       ``(VI) Recording of conclusion on form.--If a final 
     confirmation or nonconfirmation is provided by the System 
     regarding an individual, the employer shall record on the 
     form designated by the Secretary the appropriate code that is 
     provided under the System to indicate a confirmation or 
     nonconfirmation of the identity and employment eligibility of 
     the individual.

       ``(D) Consequences of nonconfirmation.--
       ``(i) Termination of continued employment.--If the employer 
     has received a final nonconfirmation regarding an individual, 
     the employer shall terminate the employment, recruitment, or 
     referral of the individual. If the employer continues to 
     employ, recruit, or refer the individual after receiving 
     final nonconfirmation, a rebuttable presumption is created 
     that the employer has violated subsections (a)(1)(A) and 
     (a)(2). Such presumption may not apply to a prosecution under 
     subsection (f)(1).
       ``(ii) Assistance in immigration enforcement.--If an 
     employer has received a final nonconfirmation which is not 
     the result of the individual's failure to contest a tentative 
     nonconfirmation in subparagraph (C)(ii)(II), the employer 
     shall provide to the Secretary any information relating to 
     the nonconfirmed individual that the Secretary determines 
     would assist the Secretary in enforcing or administering the 
     immigration laws.
       ``(E) Unlawful use of system.--It shall be an unlawful 
     immigration-related employment practice for an employer--
       ``(i) to use the System prior to an offer of employment;
       ``(ii) to use the System selectively to exclude 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 applicants;
       ``(iii) to terminate or undertake any adverse employment 
     action based on a tentative nonconfirmation described in 
     paragraph (2)(B)(iii)(II); or
       ``(iv) to reverify the employment authorization of hire 
     employees after the 3 days of the employee's hire and after 
     the employee has satisfied the eligibility verification 
     provisions of subsection (b)(1) or to reverify employees 
     hired before the date that the person or entity is required 
     to participate in the System.
       ``(F) Prohibition of unlawful accessing and obtaining of 
     information.--
       ``(i) Improper access.--It shall be unlawful for any 
     individual, other than the government employees authorized in 
     this subsection, to intentionally and knowingly access the 
     System or the databases utilized to verify identity or 
     employment authorization for the System for any purpose other 
     than verifying identity or employment authorization or 
     modifying the System pursuant to law or regulation. Any 
     individual who unlawfully accesses the System or the 
     databases or shall be fined no less than $1,000 for each 
     individual whose file was compromised or sentenced to less 
     than 6 months imprisonment for each individual whose file was 
     compromised.
       ``(ii) Identity theft.--It shall be unlawful for any 
     individual, other than the government employees authorized in 
     this subsection, to intentionally and knowingly obtain the 
     information concerning an individual stored in the System or 
     the databases utilized to verify identity or employment 
     authorization for the System for any purpose other than 
     verifying identity or employment authorization or modifying 
     the System pursuant to law or regulation. Any individual who 
     unlawfully obtains such information and uses it to commit 
     identity theft for financial gain or to evade security or to 
     assist another in gaining financially or evading security, 
     shall be fined no less than $10,000 for each individual whose 
     information was obtained and misappropriated sentenced to not 
     less than 1 year of imprisonment for each individual whose 
     information was obtained and misappropriated.
       ``(8) Protection from liability.--No employer that 
     participates in the System shall be liable under any law for 
     any employment-related action taken with respect to an 
     individual in good faith reliance on information provided by 
     the System.
       ``(9) Limitation on use of the system.--Notwithstanding any 
     other provision of law, nothing in this subsection shall be 
     construed to permit or allow any department, bureau, or other 
     agency of the United States to utilize any information, 
     database, or other records used in the System for any purpose 
     other than as provided for under this subsection.
       ``(10) Access to database.--No officer or employee of any 
     agency or department of the United States, other than such an 
     officer or employee who is responsible for the verification 
     of employment eligibility or for the evaluation of an 
     employment eligibility verification program at the Social 
     Security Administration, the Department of Homeland Security, 
     and the Department of Labor, may have access to any 
     information, database, or other records utilized by the 
     System.
       ``(11) Modification authority.--The Secretary, after notice 
     is submitted to Congress and provided to the public in the 
     Federal Register, is authorized to modify the requirements of 
     this subsection, including requirements with respect to 
     completion of forms, method of storage, attestations, copying 
     of documents, signatures, methods of transmitting 
     information, and other operational and technical aspects to 
     improve the efficiency, accuracy, and security of the System.
       ``(12) Report.--Not later than 1 year after the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006, the Secretary shall submit to Congress a report on the 
     capacity, systems integrity, and accuracy of the System.
       ``(13) Annual study and report.--
       ``(A) Requirement for study.--The Comptroller General of 
     the United States shall conduct an annual study of the System 
     as described in this paragraph.
       ``(B) Purpose of the study.--The Comptroller General shall, 
     for each year, undertake a study to determine whether the 
     System meets the following requirements:

[[Page 5617]]

       ``(i) Demonstrated accuracy of the databases.--New 
     information and information changes submitted by employees to 
     the System is updated in all of the relevant databases within 
     3 working days of submission in at least 99 percent of all 
     cases.
       ``(ii) Low error rates and delays in verification.--

       ``(I) That, during a year, the System provides incorrect 
     tentative nonconfirmation notices under paragraph (2)(B)(ii) 
     for no more than 1 percent of all such notices sent during 
     such year.
       ``(II) That, during a year, the System provides incorrect 
     final nonconfirmation notices under paragraph (2)(C)(i) for 
     no more than 3 percent of all such notices sent during such 
     year.
       ``(III) That the number of incorrect tentative 
     nonconfirmation notices under paragraph (2)(B)(ii) provided 
     by the System during a year for individuals who are not 
     citizens of the United States is not more than 300 percent 
     more than the number of such incorrect notices sent to 
     citizens of the United States during such year.
       ``(IV) That the number of final nonconfirmation notices 
     under paragraph (2)(C)(i) provided by the System during a 
     year for individuals who are not citizens of the United 
     States is not more than 300 percent more than the number of 
     such incorrect notices sent to citizens of the United States 
     during such year.

       ``(iii) Limited implementation costs to employers.--No 
     employer is required to spend more than $10 to verify the 
     identity and employment eligibility of an individual through 
     the system in any year, including the costs of all staff, 
     training, materials, or other related costs of participation 
     in the System.
       ``(iv) Measurable employer compliance with system 
     requirements.--

       ``(I) The System has not and will not result in increased 
     discrimination or cause reasonable employers to conclude that 
     employees of certain races or ethnicities are more likely to 
     have difficulties when offered employment caused by the 
     operation of the System.
       ``(II) The determination described in subclause (I) is 
     based on an independent study commissioned by the Comptroller 
     General in each phase of expansion of the System that 
     includes the use of testers.

       ``(v) Protection of workers' private information.--At least 
     97 percent of employers who participate in the System are in 
     full compliance with the privacy requirements described in 
     this subsection.
       ``(vi) Adequate agency staffing and funding.--The Secretary 
     and Commissioner of Social Security have sufficient funding 
     to meet all of the deadlines and requirements of this 
     subsection.
       ``(C) Consultation.--In conducting a study under this 
     paragraph, the Comptroller General shall consult with 
     representatives from business, labor, immigrant communities, 
     State governments, privacy advocates, and appropriate 
     executive branch agencies.
       ``(D) Requirement for reports.--Not later that 180 days 
     after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006, and annually thereafter, the 
     Comptroller General shall submit to the Secretary and to 
     Congress a report containing the findings of the study 
     carried out under this paragraph. Each report shall include 
     any certification made under subparagraph (E) and, at a 
     minimum, the following:
       ``(i) An assessment of the impact of the System on the 
     employment of unauthorized workers, including whether it has 
     indirectly caused an increase in exploitation of unauthorized 
     workers.
       ``(ii) An assessment of the accuracy of databases employed 
     by the System and of the timeliness and accuracy of the 
     System's responses to employers.
       ``(iii) An assessment of the privacy and confidentiality of 
     the System and of its overall security with respect to cyber 
     theft and theft or misuse of private data.
       ``(iv) An assessment of whether the System is being 
     implemented in a nondiscriminatory and non-retaliatory 
     manner.
       ``(v) Recommendations regarding whether or not the System 
     should be modified prior to further expansion.
       ``(E) Certification.--If the Comptroller General determines 
     that the System meets the requirements described in 
     subparagraph (B) for a year, the Comptroller shall certify 
     such determination and submit such certification to Congress 
     with the report required by subparagraph (D).
       ``(14) Sunset provision.--Mandatory participation in the 
     System shall be discontinued 6 years after the date of the 
     enactment of the Comprehensive Immigration Reform Act of 2006 
     unless Congress reauthorizes such participation.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     regarding potential violations of subsection (a);
       ``(B) for the investigation of those complaints that the 
     Secretary deems it appropriate to investigate; and
       ``(C) for the investigation of such other violations of 
     subsection (a), as the Secretary determines are appropriate.
       ``(2) Authority in investigations.--
       ``(A) In general.--In conducting investigations and 
     hearings under this subsection, officers and employees of the 
     Department of Homeland Security--
       ``(i) shall have reasonable access to examine evidence of 
     any employer being investigated; and
       ``(ii) if designated by the Secretary of Homeland Security, 
     may compel by subpoena the attendance of witnesses and the 
     production of evidence at any designated place in an 
     investigation or case under this subsection.
       ``(B) Failure to cooperate.--In case of refusal to obey a 
     subpoena lawfully issued under subparagraph (A)(ii), the 
     Secretary may request that the Attorney General apply in an 
     appropriate district court of the United States for an order 
     requiring compliance with such subpoena, and any failure to 
     obey such order may be punished by such court as contempt.
       ``(C) Department of labor.--The Secretary of Labor shall 
     have the investigative authority provided under section 11(a) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to 
     ensure compliance with the provisions of this title, or any 
     regulation or order issued under this title.
       ``(3) Compliance procedures.--
       ``(A) Prepenalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) disclose the material facts which establish the 
     alleged violation; and
       ``(iv) inform such employer that the employer shall have a 
     reasonable opportunity to make representations as to why a 
     claim for a monetary or other penalty should not be imposed.
       ``(B) Remission or mitigation of penalties.--
       ``(i) Petition by employer.--Whenever any employer receives 
     written notice of a fine or other penalty in accordance with 
     subparagraph (A), the employer may file within 30 days from 
     receipt of such notice, with the Secretary a petition for the 
     remission or mitigation of such fine or penalty, or a 
     petition for termination of the proceedings. The petition may 
     include any relevant evidence or proffer of evidence the 
     employer wishes to present, and shall be filed and considered 
     in accordance with procedures to be established by the 
     Secretary.
       ``(ii) Review by secretary.--If the Secretary finds that 
     such fine or other penalty was incurred erroneously, or finds 
     the existence of such mitigating circumstances as to justify 
     the remission or mitigation of such fine or penalty, the 
     Secretary may remit or mitigate such fine or other penalty on 
     the terms and conditions as the Secretary determines are 
     reasonable and just, or order termination of any proceedings 
     related to the notice. Such mitigating circumstances may 
     include good faith compliance and participation in, or 
     agreement to participate in, the System, if not otherwise 
     required.
       ``(iii) Applicability.--This subparagraph may not apply to 
     an employer that has or is engaged in a pattern or practice 
     of violations of paragraph (1)(A), (1)(B), or (2) of 
     subsection (a) or of any other requirements of this section.
       ``(C) Penalty claim.--After considering evidence and 
     representations offered by the employer pursuant to 
     subparagraph (B), the Secretary shall determine whether there 
     was a violation and promptly issue a written final 
     determination setting forth the findings of fact and 
     conclusions of law on which the determination is based and 
     the appropriate penalty.
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of paragraph (1)(A) 
     or (2) of subsection (a) shall pay civil penalties as 
     follows:
       ``(i) Pay a civil penalty of not less than $500 and not 
     more than $4,000 for each unauthorized alien with respect to 
     each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     during the 2-year period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $4,000 and 
     not more than $10,000 for each unauthorized alien with 
     respect to each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 2-year period preceding the violation under 
     this subparagraph or has failed to comply with a previously 
     issued and final order related to any such provision, pay a 
     civil penalty of not less than $6,000 and not more than 
     $20,000 for each unauthorized alien with respect to each such 
     violation.
       ``(B) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     requirements of subsection (b), (c), or (d), shall pay a 
     civil penalty as follows:
       ``(i) Pay a civil penalty of not less than $200 and not 
     more than $2,000 for each such violation.

[[Page 5618]]

       ``(ii) If the employer has previously been fined 1 time 
     during the 2-year period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $400 and 
     not more than $4,000 for each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 2-year period preceding the violation under 
     this subparagraph or has failed to comply with a previously 
     issued and final order related to such requirements, pay a 
     civil penalty of $6,000 for each such violation.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary may impose additional penalties for 
     violations, including cease and desist orders, specially 
     designed compliance plans to prevent further violations, 
     suspended fines to take effect in the event of a further 
     violation, and in appropriate cases, the civil penalty 
     described in subsection (g)(2).
       ``(D) Reduction of penalties.--Notwithstanding 
     subparagraphs (A), (B), and (C), the Secretary is authorized 
     to reduce or mitigate penalties imposed upon employers, based 
     upon factors including the employer's hiring volume, 
     compliance history, good faith implementation of a compliance 
     program, participation in a temporary worker program, and 
     voluntary disclosure of violations of this subsection to the 
     Secretary.
       ``(E) Adjustment for inflation.--All penalties in this 
     section may be adjusted every 4 years to account for 
     inflation, as provided by law.
       ``(5) Judicial review.--An employer adversely affected by a 
     final determination may, within 45 days after the date the 
     final determination is issued, file a petition in any 
     appropriate district court of the United States for review of 
     the order. The filing of a petition as provided in this 
     paragraph shall stay the Secretary's determination until the 
     appeal process is completed. The burden shall be on the 
     employer to show that the final determination was not 
     supported by a preponderance of the evidence. The Secretary 
     is authorized to require that the petitioner provide, prior 
     to filing for review, security for payment of fines and 
     penalties through bond or other guarantee of payment 
     acceptable to the Secretary.
       ``(6) Enforcement of orders.--If an employer fails to 
     comply with a final determination issued against that 
     employer under this subsection, and the final determination 
     is not subject to review as provided in paragraph (5), the 
     Attorney General may file suit to enforce compliance with the 
     final determination, no earlier than 46 days, but no later 
     than 90 days, after the date the final determination is 
     issued, in any appropriate district court of the United 
     States. The burden shall remain on the employer to show that 
     the final determination was not supported by a preponderance 
     of the evidence.
       ``(7) Recovery of costs and attorneys' fees.--In any appeal 
     brought under paragraph (5) by an employer or suit brought 
     under paragraph (6) against an employer, the employer shall 
     be entitled to recover from the Department of Homeland 
     Security reasonable costs and attorneys' fees if such 
     employer substantially prevails on the merits of the case. An 
     award of such attorneys' fees may not exceed $25,000. Any 
     costs and attorneys' fees assessed against the Department of 
     Homeland Security under this paragraph shall be charged 
     against the operating expenses of the Department for the 
     fiscal year in which the assessment is made, and shall not be 
     reimbursed from any other source.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 6 months for the entire 
     pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting such relief, including 
     a permanent or temporary injunction, restraining order, or 
     other order against the employer, as the Secretary deems 
     necessary.
       ``(g) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referring for a fee, of an individual, 
     to require the individual to post a bond or security, to pay 
     or agree to pay an amount, or otherwise to provide a 
     financial guarantee or indemnity, against any potential 
     liability arising under this section relating to such hiring, 
     recruiting, or referring of the individual.
       ``(2) Civil penalty.--Any employer which is determined, 
     after notice and opportunity for mitigation of the monetary 
     penalty under subsection (e), to have violated paragraph (1) 
     of this subsection shall be subject to a civil penalty of 
     $2,000 for each violation and to an administrative order 
     requiring the return of any amounts received in violation of 
     such paragraph to the employee or, if the employee cannot be 
     located, the deposit of such amounts as miscellaneous 
     receipts in the general fund.
       ``(h) Prohibition on Award of Government Contracts, Grants, 
     and Agreements.--
       ``(1) Employers with no contracts, grants, or agreements.--
       ``(A) In general.--If an employer who does not hold a 
     Federal contract, grant, or cooperative agreement is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer may be debarred from the receipt of a Federal 
     contract, grant, or cooperative agreement for a period of 2 
     years. The Secretary or the Attorney General shall advise the 
     Administrator of General Services of such a debarment, and 
     the Administrator of General Services shall list the employer 
     on the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs for a period of 2 years.
       ``(B) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive operation of this subsection or may limit the duration 
     or scope of the debarment.
       ``(2) Employers with contracts, grants, or agreements.--
       ``(A) In general.--An employer who holds a Federal 
     contract, grant, or cooperative agreement and is determined 
     by the Secretary of Homeland Secretary to be a repeat 
     violator of this section or is convicted of a crime under 
     this section, may be debarred from the receipt of Federal 
     contracts, grants, or cooperative agreements for a period of 
     2 years.
       ``(B) Notice to agencies.--Prior to debarring the employer 
     under subparagraph (A), the Secretary, in cooperation with 
     the Administrator of General Services, shall advise any 
     agency or department holding a contract, grant, or 
     cooperative agreement with the employer of the Government's 
     intention to debar the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 2 years.
       ``(C) Waiver.--After consideration of the views of any 
     agency or department that holds a contract, grant, or 
     cooperative agreement with the employer, the Secretary may, 
     in lieu of debarring the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 2 years, waive operation of this subsection, limit 
     the duration or scope of the debarment, or may refer to an 
     appropriate lead agency the decision of whether to debar the 
     employer, for what duration, and under what scope in 
     accordance with the procedures and standards prescribed by 
     the Federal Acquisition Regulation. However, any proposed 
     debarment predicated on an administrative determination of 
     liability for civil penalty by the Secretary or the Attorney 
     General shall not be reviewable in any debarment proceeding. 
     The decision of whether to debar or take alternation shall 
     not be judicially reviewed.
       ``(3) Suspension.--Indictments for violations of this 
     section or adequate evidence of actions that could form the 
     basis for debarment under this subsection shall be considered 
     a cause for suspension under the procedures and standards for 
     suspension prescribed by the Federal Acquisition Regulation.
       ``(i) Miscellaneous Provisions.--
       ``(1) Documentation.--In providing documentation or 
     endorsement of authorization of aliens (other than aliens 
     lawfully admitted for permanent residence) eligible to be 
     employed in the United States, the Secretary shall provide 
     that any limitations with respect to the period or type of 
     employment or employer shall be conspicuously stated on the 
     documentation or endorsement.
       ``(2) Preemption.--The provisions of this section preempt 
     any State or local law imposing civil or criminal sanctions 
     upon those who employ, or recruit or refer for a fee for 
     employment, unauthorized aliens.
       ``(j) Definitions.--In this section:
       ``(1) Employer.--The term `employer' means any person or 
     entity, including any entity of the Government of the United 
     States, hiring, recruiting, or referring an individual for 
     employment in the United States.
       ``(2) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(3) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary.''.
       (b) Conforming Amendments.--
       (1) Amendments.--Sections 401, 402, 403, 404, and 405 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
     1324a) are repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under such sections 
     401, 402, 403, 404, and 405 in the Electronic Employment 
     Verification System established pursuant to such subsection 
     (d).

[[Page 5619]]

       (c) Technical Amendments.--
       (1) Definition of unauthorized alien.--Sections 218(i)(1) 
     (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
     274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) 
     (8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' 
     and inserting ``274A''.
       (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
     is amended--
       (A) in subsections (a)(6) and (g)(2)(B), by striking 
     ``274A(b)'' and inserting ``274A(d)''; and
       (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' 
     and inserting ``274A(d)''.
       (d) Authorization of Appropriations.--
       (1) Commissioner of social security.--There are authorized 
     to be appropriated to the Commissioner of Social Security for 
     each of the fiscal years 2007 through 2011 such sums as may 
     be necessary to carry out the responsibilities of the 
     Commission under section 274A of the Immigration and 
     Nationality Act, as amended by subsection (a).
       (2) Secretary of homeland security.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2007 through 2011 such sums as may be necessary to 
     carry out section 274A of the Immigration and Nationality 
     Act, as amended by section 301(a).
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall take effect on the date that is 180 
     days after the date of the enactment of this Act.

     SEC. 302. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION 
                   AGENTS.

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

     SEC. 303. 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''.

     SEC. 304. ANTIDISCRIMINATION PROTECTIONS.

       (a) Application of Prohibition of Discrimination to 
     Verification System.--Section 274B(a)(1) (8 U.S.C. 
     1324b(a)(1)) is amended by inserting ``, the verification of 
     the individual's work authorization through the Electronic 
     Employment Verification System described in section 
     274A(d),'' after ``the individual for employment''.
       (b) Classes of Aliens as Protected Individuals.--Section 
     274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as 
     follows:
       ``(B) is an alien who is--
       ``(i) lawfully admitted for permanent residence;
       ``(ii) granted the status of an alien lawfully admitted for 
     temporary residence under section 210(a) or 245(a)(1);
       ``(iii) admitted as a refugee under section 207;
       ``(iv) granted asylum under section 208;
       ``(v) granted the status of a nonimmigrant under section 
     101(a)(15)(H)(ii)(c);
       ``(vi) granted temporary protected status under section 
     244; or
       ``(vii) granted parole under section 212(d)(5).''.
       (c) Requirements for Electronic Employment Verification.--
     Section 274B(a) (8 U.S.C. 1324b(a)) is amended by adding at 
     the end the following:
       ``(7) Antidiscrimination requirements of the electronic 
     employment verification system.--It is an unfair immigration-
     related employment practice for a person or other entity, in 
     the course of the electronic verification process described 
     in section 274A(d)--
       ``(A) to terminate or undertake any adverse employment 
     action due to a tentative nonconfirmation;
       ``(B) to use the verification system for screening of an 
     applicant prior to an offer of employment;
       ``(C) except as described in section 274A(d)(4)(B), to use 
     the verification system for a current employee after the 
     first 3 days of employment, or for the reverification of an 
     employee after the employee has satisfied the process 
     described in section 274A(b).''.
       (d) Increase in Civil Money Penalties.--Section 274B(g)(2) 
     (8 U.S.C. 1324b(g)(2)) is amended--
       (1) in subparagraph (B)(iv)--
       (A) in subclause (I), by striking ``$250 and not more than 
     $2,000'' and inserting ``$1,000 and not more than $4,000'';
       (B) in subclause (II), by striking ``$2,000 and not more 
     than $5,000'' and inserting ``$4,000 and not more than 
     $10,000'';
       (C) in subclause (III), by striking ``$3,000 and not more 
     than $10,000'' and inserting ``$6,000 and not more than 
     $20,000''; and
       (D) in subclause (IV), by striking ``$100 and not more than 
     $1,000'' and inserting ``$500 and not more than $5,000''.
       (e) Increased Funding of Information Campaign.--Section 
     274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by inserting 
     ``and an additional $40,000,000 for each of fiscal years 2007 
     through 2009'' before the period at the end.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to violations occurring on or after such 
     date.
                                 ______
                                 
  SA 3483. Mr. BOND (for himself and Mr. Gregg) submitted an amendment 
intended to be proposed to amendment SA 3424 proposed by Mr. Frist 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 line 8 and all that follows through 
     page 332, line 7, and insert the following:
       ``(iv) an alien described in clause (i) who has been 
     accepted and plans to attend an accredited graduate program 
     in mathematics, engineering, technology, or the sciences in 
     the United States for the purpose of obtaining a master's or 
     doctorate degree or pursuing post-doctoral studies.''.
       (b) Creation of J-STEM Visa Category.--Section 
     101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as 
     follows:
       ``(J) an alien with a residence in a foreign country that 
     the alien has no intention of abandoning who is a bona fide 
     student, scholar, trainee, teacher, professor, research 
     assistant, specialist, or leader in a field of specialized 
     knowledge or skill, or other person of similar description, 
     and who--
       ``(i) is coming temporarily to the United States as a 
     participant in a program (other than a graduate program 
     described in clause (ii))designated by the Director of the 
     United States Information Agency, for the purpose of 
     teaching, instructing or lecturing, studying, observing, 
     conducting research, consulting, demonstrating special 
     skills, or receiving training and who, if coming to the 
     United States to participate in a program under which the 
     alien will receive graduate medical education or training, 
     also meets the requirements of section 212(j), and the alien 
     spouse and minor children of any such alien if accompanying 
     the alien or following to join the alien; or
       ``(ii) has been accepted and plans to attend an accredited 
     graduate program in mathematics, engineering, technology, or 
     the physical or life sciences in the United States for the 
     purpose of obtaining a master's or doctorate degree or 
     pursuing post-doctoral studies.''.
       (c) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 
     1184(b)) is amended by striking ``subparagraph (L) or (V)'' 
     and inserting ``subparagraph (F)(iv), (J)(ii), (L), or (V)''.
       (d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8 
     U.S.C. 1184(m)) is amended--
       (1) by inserting before paragraph (1) the following:
       ``(m) Nonimmigrant Elementary, Secondary, and Post-
     Secondary School Students.--''; and
       (2) by adding at the end the following:
       ``(3) A visa issued to an alien under subparagraph (F)(iv) 
     or (J)(ii) of section 101(a)(15) shall be valid--
       ``(A) during the intended period of study in a graduate 
     program described in such section;
       ``(B) for an additional period, not to exceed 1 year after 
     the completion of the graduate program, if the alien is 
     actively pursuing an offer of employment related to the 
     knowledge and skills obtained through the graduate program; 
     and
       ``(C) for the additional period necessary for the 
     adjudication of any application for labor certification, 
     employment-based immigrant petition, and application under 
     section 245(a)(2) to adjust such alien's status to that of an 
     alien lawfully admitted for permanent residence, if such 
     application for labor certification or employment-based 
     immigrant petition has been filed not later than 1 year after 
     the completion of the graduate program.''.
       (e) Waiver of Foreign Residence Requirement.--Section 
     212(e) (8 U.S.C. 1182(e)) is amended--
       (1) by inserting ``(1)'' before ``No person'';
       (2) by striking ``admission (i) whose'' and inserting the 
     following: ``admission--
       ``(A) whose'';
       (3) by striking ``residence, (ii) who'' and inserting the 
     following: ``residence;
       ``(B) who'';
       (4) by striking ``engaged, or (iii) who'' and inserting the 
     following: ``engaged; or
       ``(C) who'';
       (5) by striking ``training, shall'' and inserting the 
     following: ``training,
     ``shall'';
       (6) by striking ``United States: Provided, That upon'' and 
     inserting the following: ``United States.
       ``(2) Upon'';

[[Page 5620]]

       (7) by striking ``section 214(l): And provided further, 
     That, except'' and inserting the following: ``section 214(l).
       ``(3) Except''; and
       (8) by adding at the end the following:
       ``(4) An alien who qualifies for adjustment of status under 
     section 214(m)(3)(C) shall not be subject to the 2-year 
     foreign residency requirement under this subsection.''.
       (f) Off Campus Work Authorization for Foreign Students.--
       (1) In general.--Aliens admitted as nonimmigrant students 
     described in section 101(a)(15)(F) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in 
     an off-campus position unrelated to the alien's field of 
     study if--
       (A) the alien has enrolled full time at the educational 
     institution and is maintaining good academic standing;
       (B) the employer provides the educational institution and 
     the Secretary of Labor with an attestation that the 
     employer--
       (i) has spent at least 21 days recruiting United States 
     citizens to fill the position; and
       (ii) will pay the alien and other similarly situated 
     workers at a rate equal to not less than the greater of--

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

       (C) the alien will not be employed more than--
       (i) 20 hours per week during the academic term; or
       (ii) 40 hours per week during vacation periods and between 
     academic terms.
       (2) Disqualification.--If the Secretary of Labor determines 
     that an employer has provided an attestation under paragraph 
     (1)(B) that is materially false or has failed to pay wages in 
     accordance with the attestation, the employer, after notice 
     and opportunity for a hearing, shall be disqualified from 
     employing an alien student under paragraph (1).
       (g) Adjustment of Status.--Section 245(a) (8 U.S.C. 
     1255(a)) is amended to read as follows:
       ``(a) Authorization.--
       ``(1) In general.--The status of an alien, who was 
     inspected and admitted or paroled into the United States, or 
     who has an approved petition for classification under 
     subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1), may be adjusted by the Secretary of 
     Homeland Security or the Attorney General, under such 
     regulations as the Secretary or the Attorney General may 
     prescribe, to that of an alien lawfully admitted for 
     permanent residence if--
       ``(A) the alien makes an application for such adjustment;
       ``(B) the alien is eligible to receive an immigrant visa;
       ``(C) the alien is admissible to the United States for 
     permanent residence; and
       ``(D) an immigrant visa is immediately available to the 
     alien at the time the application is filed.
       ``(2) Student visas.--Notwithstanding the requirement under 
     paragraph (1)(D), an alien may file an application for 
     adjustment of status under this section if--
       ``(A) the alien has been issued a visa or otherwise 
     provided nonimmigrant status under subparagraph (J)(ii) or 
     (F)(iv) of section 101(a)(15), or would have qualified for 
     such nonimmigrant status if subparagraph (J)(ii) or (F)(iv) 
     of section 101(a)(15) had been enacted before such alien's 
     graduation;
       ``(B) the alien has earned a master's or doctorate degree 
     or completed post-doctoral studies in the sciences, 
     technology, engineering, or mathematics;
       ``(C) the alien is the beneficiary of a petition filed 
     under subparagraph (E) or (F) of section 204(a)(1); and
       ``(D) a fee of $2,000 is remitted to the Secretary on 
     behalf of the alien.
       ``(3) Limitation.--An application for adjustment of status 
     filed under this section may not be approved until an 
     immigrant visa number becomes available.''.
       (h) Use of Fees.--
       (1) Job training; scholarships.--Section 286(s)(1) (8 
     U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent 
     of the fees collected under section 245(a)(2)(D)'' before the 
     period at the end.
       (2) Fraud prevention and detection.--Section 286(v)(1) (8 
     U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent 
     of the fees collected under section 245(a)(2)(D)'' before the 
     period at the end.

     SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

       (a) Aliens With Certain Advanced Degrees Not Subject to 
     Numerical Limitations on Employment Based Immigrants.--
       (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), 
     as amended by section 505, is amended by adding at the end 
     the following:
       ``(G) Aliens who have earned a master's or doctorate 
     degree, or completed post-doctoral studies, in science, 
     technology, engineering, or math and have been working in a 
     related field in the United States under a nonimmigrant visa 
     during the 3-year period preceding their application for an 
     immigrant visa under section 203(b).
       ``(H) Aliens described in subparagraph (A) or (B) of 
     section 203(b)(1)(A) or who have received a national interest 
     waiver under section 203(b)(2)(B).
       ``(I) The spouse and minor children of an alien who is 
     admitted as an employment-based immigrant under section 
     203(b).''.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall apply to any visa application--
       (A) pending on the date of the enactment of this Act; or
       (B) filed on or after such date of enactment.
       (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 
     U.S.C. 1182(a)(5)(A)(ii)) is amended--
       (1) in subclause (I), by striking ``or'' at the end;
       (2) in subclause (II), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:

       ``(III) has a master's or doctorate degree, or completed 
     post-doctoral studies, in the sciences, technology, 
     engineering, or mathematics from an accredited university in 
     the United States and is employed in a field related to such 
     degree.''.

       (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``(beginning with fiscal year 1992)''; and
       (B) in subparagraph (A)--
       (i) in clause (vii), by striking ``each succeeding fiscal 
     year; or'' and inserting ``each of fiscal years 2004, 2005, 
     and 2006;''; and
       (ii) by adding after clause (vii) the following:
       ``(viii) 115,000 in the first fiscal year beginning after 
     the date of the enactment of this clause; and
       ``(ix) the number calculated under paragraph (9) in each 
     fiscal year after the year described in clause (viii); or'';
       (2) in paragraph (5)--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(D) has earned a master's or doctorate degree, or 
     completed post-doctoral studies, in science, technology, 
     engineering, or math.'';
                                 ______
                                 
  SA 3484. 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 233 beginning on line 14, strike all through page 
     491, line 9 and insert the following:
       (A) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security'';
       (B) in subclause (I), by inserting before the semicolon, `, 
     including a criminal enterprise undertaken by a foreign 
     government, its agents, representatives, or officials';
       (C) in subclause (III), by inserting ``where the 
     information concerns a criminal enterprise undertaken by an 
     individual or organization that is not a foreign government, 
     its agents, representatives, or officials,'' before 
     ``whose''; and
       (D) by striking ``or'' at the end; and
       (2) in clause (ii)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by striking ``1956,'' and all that follows through 
     ``the alien;'' and inserting the following: ``1956; or
       ``(iii) who the Secretary of Homeland Security and the 
     Secretary of State, in consultation with the Director of 
     Central Intelligence, jointly determine--
       ``(I) is in possession of critical reliable information 
     concerning the activities of governments or organizations, or 
     their agents, representatives, or officials, with respect to 
     weapons of mass destruction and related delivery systems, if 
     such governments or organizations are at risk of developing, 
     selling, or transferring such weapons or related delivery 
     systems; and
       ``(II) is willing to supply or has supplied, fully and in 
     good faith, information described in subclause (I) to 
     appropriate persons within the United States Government;
       ``and, if the Secretary of Homeland Security (or with 
     respect to clause (ii), the Secretary of State and the 
     Secretary of Homeland Security jointly) considers it to be 
     appropriate, the spouse, married and unmarried sons and 
     daughters, and parents of an alien described in clause (i), 
     (ii), or (iii) if accompanying, or following to join, the 
     alien;''.
       (b) Numerical Limitation.--Section 214(k)(1) (8 U.S.C. 
     1184(k)(1)) is amended by striking ``The number of aliens'' 
     and all that follows through the period and inserting the 
     following: ``The number of aliens who may be provided a visa 
     as nonimmigrants under section 101(a)(15)(S) in any fiscal 
     year may not exceed 1,000.''.
       (c) Reports.--
       (1) Content.--Paragraph (4) of section 214(k) (8 U.S.C. 
     1184(k)) is amended--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``The Attorney General'' and inserting 
     ``The Secretary of Homeland Security''; and
       (ii) by striking ``concerning--'' and inserting ``that 
     includes--'';

[[Page 5621]]

       (B) in subparagraph (D), by striking ``and'';
       (C) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (D) by inserting at the end the following:
       ``(F) in the event that the total number of such 
     nonimmigrants admitted is fewer than 25 percent of the total 
     number provided for under paragraph (1) of this subsection--
       ``(i) the reasons why the number of such nonimmigrants 
     admitted is fewer than 25 percent of that provided for by 
     law;
       ``(ii) the efforts made by the Secretary of Homeland 
     Security to admit such nonimmigrants; and
       ``(iii) any extenuating circumstances that contributed to 
     the admission of a number of such nonimmigrants that is fewer 
     than 25 percent of that provided for by law.''.
       (2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is 
     amended by adding at the end the following new paragraph:
       ``(5) To the extent required by law and if it is in the 
     interests of national security or the security of such 
     nonimmigrants that are admitted, as determined by the 
     Secretary of Homeland Security, the information contained in 
     a report described in paragraph (4) may be classified, and 
     the Secretary of Homeland Security shall, to the extent 
     feasible, submit a non-classified version of the report to 
     the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate.''.

     SEC. 411. L VISA LIMITATIONS.

       Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case'' and 
     inserting ``Except as provided in subparagraph (H), in the 
     case''; and
       (3) by adding at the end the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a new facility, the petition may be approved for 
     a period not to exceed 12 months only if the employer 
     operating the new facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits to 
     the Secretary of Homeland Security--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     of section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause (i);
       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, during the 
     previous 12 months, has been doing business at the new 
     facility through regular, systematic, and continuous 
     provision of goods or services, or has otherwise been taking 
     commercially reasonable steps to establish the new facility 
     as a commercial enterprise;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new facility during the previous 12 months 
     and the duties the beneficiary will perform at the new 
     facility during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     facility, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees if the 
     beneficiary will be employed in a managerial or executive 
     capacity;
       ``(X) evidence of the financial status of the new facility; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) Notwithstanding subclauses (I) through (VI) of 
     clause (ii) and subject to the maximum period of authorized 
     admission set forth in subparagraph (D), the Secretary of 
     Homeland Security may approve a subsequently filed petition 
     on behalf of the beneficiary to continue employment at the 
     facility described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly 
     caused by extraordinary circumstances beyond the control of 
     the importing employer.
       ``(H)(i) The Secretary of Homeland Security may not 
     authorize the spouse of an alien described under section 
     101(a)(15)(L), who is a dependent of a beneficiary under 
     subparagraph (G), to engage in employment in the United 
     States during the initial 9-month period described in 
     subparagraph (G)(i).
       ``(ii) A spouse described in clause (i) may be provided 
     employment authorization upon the approval of an extension 
     under subparagraph (G)(ii).
       ``(I) For purposes of determining the eligibility of an 
     alien for classification under Section 101(a)(15)(L) of this 
     Act, the Secretary of Homeland Security shall establish a 
     program to work cooperatively with the Department of State to 
     verify a company or facility's existence in the United States 
     and abroad.''.

     SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     such sums as may be necessary to carry out this subtitle and 
     the amendments made by this subtitle for the first fiscal 
     year beginning before the date of enactment of this Act and 
     each of the subsequent fiscal years beginning not more than 7 
     years after the effective date of the regulations promulgated 
     by the Secretary to implement this subtitle.

               Subtitle B--Immigration Injunction Reform

     SEC. 421. SHORT TITLE.

       This subtitle may be cited as the ``Fairness in Immigration 
     Litigation Act of 2006''.

     SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

       (a) Requirements for an Order Granting Prospective Relief 
     Against the Government.--
       (1) In general.--If a court determines that prospective 
     relief should be ordered against the Government in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall--
       (A) limit the relief to the minimum necessary to correct 
     the violation of law;
       (B) adopt the least intrusive means to correct the 
     violation of law;
       (C) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety, and
       (D) provide for the expiration of the relief on a specific 
     date, which is not later than the earliest date necessary for 
     the Government to remedy the violation.
       (2) Written explanation.--The requirements described in 
     subsection (1) shall be discussed and explained in writing in 
     the order granting prospective relief and must be 
     sufficiently detailed to allow review by another court.
       (3) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief shall automatically expire on 
     the date that is 90 days after the date on which such relief 
     is entered, unless the court--
       (A) makes the findings required under paragraph (1) for the 
     entry of permanent prospective relief; and
       (B) makes the order final before expiration of such 90-day 
     period.
       (4) Requirements for order denying motion.--This subsection 
     shall apply to any order denying the Government's motion to 
     vacate, modify, dissolve or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States.
       (b) Procedure for Motion Affecting Order Granting 
     Prospective Relief Against the Government.--
       (1) In general.--A court shall promptly rule on the 
     Government's motion to vacate, modify, dissolve or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (2) Automatic stays.--
       (A) In general.--The Government's motion to vacate, modify, 
     dissolve, or otherwise terminate an order granting 
     prospective relief made in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the court, stay the order granting prospective relief on 
     the date that is 15 days after the date on which such motion 
     is filed unless the court previously has granted or denied 
     the Government's motion.
       (B) Duration of automatic stay.--An automatic stay under 
     subparagraph (A) shall continue until the court enters an 
     order granting or denying the Government's motion.
       (C) Postponement.--The court, for good cause, may postpone 
     an automatic stay under subparagraph (A) for not longer than 
     15 days.
       (D) Orders blocking automatic stays.--Any order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of the automatic stay described in subparagraph (A), other 
     than an order to postpone the effective date of the automatic 
     stay for not longer than 15 days under subparagraph (C), 
     shall be--
       (i) treated as an order refusing to vacate, modify, 
     dissolve or otherwise terminate an injunction; and
       (ii) immediately appealable under section 1292(a)(1) of 
     title 28, United States Code.
       (c) Settlements.--
       (1) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States, the court may not enter, approve, or continue 
     a consent decree that does not comply with subsection (a).
       (2) Private settlement agreements.--Nothing in this section 
     shall preclude parties from entering into a private 
     settlement agreement that does not comply with subsection (a) 
     if the terms of that agreement are not subject to court 
     enforcement other than

[[Page 5622]]

     reinstatement of the civil proceedings that the agreement 
     settled.
       (d) Definitions.--In this section:
       (1) Consent decree.--The term ``consent decree''--
       (A) means any relief entered by the court that is based in 
     whole or in part on the consent or acquiescence of the 
     parties; and
       (B) does not include private settlements.
       (2) Good cause.--The term ``good cause'' does not include 
     discovery or congestion of the court's calendar.
       (3) Government.--The term ``Government'' means the United 
     States, any Federal department or agency, or any Federal 
     agent or official acting within the scope of official duties.
       (4) Permanent relief.--The term ``permanent relief'' means 
     relief issued in connection with a final decision of a court.
       (5) Private settlement agreement.--The term ``private 
     settlement agreement'' means an agreement entered into among 
     the parties that is not subject to judicial enforcement other 
     than the reinstatement of the civil action that the agreement 
     settled.
       (6) Prospective relief.--The term ``prospective relief'' 
     means temporary, preliminary, or permanent relief other than 
     compensatory monetary damages.
       (e) Expedited Proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion considered under 
     this section.

     SEC. 423. EFFECTIVE DATE.

       (a) In General.--This subtitle shall apply with respect to 
     all orders granting prospective relief in any civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States, whether such relief 
     was ordered before, on, or after the date of the enactment of 
     this Act.
       (b) Pending Motions.--Every motion to vacate, modify, 
     dissolve or otherwise terminate an order granting prospective 
     relief in any such action, which motion is pending on the 
     date of the enactment of this Act, shall be treated as if it 
     had been filed on such date of enactment.
       (c) Automatic Stay for Pending Motions.--
       (1) In general.--An automatic stay with respect to the 
     prospective relief that is the subject of a motion described 
     in subsection (b) shall take effect without further order of 
     the court on the date which is 10 days after the date of the 
     enactment of this Act if the motion--
       (A) was pending for 45 days as of the date of the enactment 
     of this Act; and
       (B) is still pending on the date which is 10 days after 
     such date of enactment.
       (2) Duration of automatic stay.--An automatic stay that 
     takes effect under paragraph (1) shall continue until the 
     court enters an order granting or denying the Government's 
     motion under section 422(b). There shall be no further 
     postponement of the automatic stay with respect to any such 
     pending motion under section 422(b)(2). Any order, staying, 
     suspending, delaying or otherwise barring the effective date 
     of this automatic stay with respect to pending motions 
     described in subsection (b) shall be an order blocking an 
     automatic stay subject to immediate appeal under section 
     422(b)(2)(D).

                       TITLE V--BACKLOG REDUCTION

     SEC. 501. ELIMINATION OF EXISTING BACKLOGS.

       (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
     worldwide level of family-sponsored immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 480,000;
       ``(2) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year;
       ``(3) the difference between--
       ``(A) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     minus the number of visas issued under this subsection during 
     those fiscal years; and
       ``(B) the number of visas calculated under subparagraph (A) 
     that were issued after fiscal year 2005.''.
       (b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 
     1151(d)) is amended to read as follows:
       ``(d) Worldwide Level of Employment-Based Immigrants.--
       ``(1) In general.--Subject to paragraph (2), the worldwide 
     level of employment-based immigrants under this subsection 
     for a fiscal year is equal to the sum of--
       ``(A)(i) 450,000, for each of the fiscal years 2007 through 
     2016; or
       ``(ii) 290,000, for fiscal year 2017 and each subsequent 
     fiscal year;
       ``(B) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year; and
       ``(C) the difference between--
       ``(i) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     and the number of visa numbers issued under this subsection 
     during those fiscal years; and
       ``(ii) the number of visas calculated under clause (i) that 
     were issued after fiscal year 2005.
       ``(2) Visas for spouses and children.--Immigrant visas 
     issued on or after October 1, 2004, to spouses and children 
     of employment-based immigrants shall not be counted against 
     the numerical limitation set forth in paragraph (1).''.

     SEC. 502. COUNTRY LIMITS.

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

     SEC. 503. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Family-Sponsored 
     Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to 
     read as follows:
       ``(a) Preference Allocations for Family-Sponsored 
     Immigrants.--Aliens subject to the worldwide level specified 
     in section 201(c) for family-sponsored immigrants shall be 
     allocated visas as follows:
       ``(1) Unmarried sons and daughters of citizens.--Qualified 
     immigrants who are the unmarried sons or daughters of 
     citizens of the United States shall be allocated visas in a 
     quantity not to exceed the sum of--
       ``(A) 10 percent of such worldwide level; and
       ``(B) any visas not required for the class specified in 
     paragraph (4).
       ``(2) Spouses and unmarried sons and daughters of permanent 
     resident aliens.--
       ``(A) In general.--Visas in a quantity not to exceed 50 
     percent of such worldwide level plus any visas not required 
     for the class specified in paragraph (1) shall be allocated 
     to qualified immigrants who are--
       ``(i) the spouses or children of an alien lawfully admitted 
     for permanent residence; or
       ``(ii) the unmarried sons or daughters of an alien lawfully 
     admitted for permanent residence.
       ``(B) Minimum percentage.--Visas allocated to individuals 
     described in subparagraph (A)(i) shall constitute not less 
     than 77 percent of the visas allocated under this paragraph.
       ``(3) Married sons and daughters of citizens.--Qualified 
     immigrants who are the married sons and daughters of citizens 
     of the United States shall be allocated visas in a quantity 
     not to exceed the sum of--
       ``(A) 10 percent of such worldwide level; and
       ``(B) any visas not required for the classes specified in 
     paragraphs (1) and (2).
       ``(4) Brothers and sisters of citizens.--Qualified 
     immigrants who are the brothers or sisters of a citizen of 
     the United States who is at least 21 years of age shall be 
     allocated visas in a quantity not to exceed 30 percent of the 
     worldwide level.''.
       (b) Preference Allocation for Employment-Based 
     Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
       (1) in paragraph (1), by striking ``28.6 percent'' and 
     inserting ``15 percent'';
       (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
     inserting ``15 percent'';
       (3) in paragraph (3)(A)--
       (A) by striking ``28.6 percent'' and inserting ``35 
     percent''; and
       (B) by striking clause (iii);
       (4) by striking paragraph (4);
       (5) by redesignating paragraph (5) as paragraph (4);
       (6) in paragraph (4)(A), as redesignated, by striking ``7.1 
     percent'' and inserting ``5 percent'';
       (7) by inserting after paragraph (4), as redesignated, the 
     following:
       ``(5) Other workers.--
       ``(A) In general.--Visas shall be made available, in a 
     number not to exceed 30 percent of such worldwide level, plus 
     any visa numbers not required for the classes specified in 
     paragraphs (1) through (4), to qualified immigrants who are 
     capable, at the time of petitioning for classification under 
     this paragraph, of performing unskilled labor that is not of 
     a temporary or seasonal nature, for which qualified workers 
     are determined to be unavailable in the United States.
       ``(B) Priority.--In allocating visas under subparagraph 
     (A), priority shall be given to qualified immigrants who were 
     physically present in the United States before January 7, 
     2004,''; and
       (8) by striking paragraph (6).
       (c) Conforming Amendments.--
       (1) Definition of special immigrant.--Section 101(a)(27)(M) 
     (8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to 
     the numerical limitations of section 203(b)(4),''.
       (2) Repeal of temporary reduction in workers' visas.--
     Section 203(e) of the Nicaraguan Adjustment and Central 
     American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) 
     is repealed.

     SEC. 504. RELIEF FOR MINOR CHILDREN.

       (a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is 
     amended to read as follows:
       ``(2)(A)(i) Aliens admitted under section 211(a) on the 
     basis of a prior issuance of a visa under section 203(a) to 
     their accompanying parent who is an immediate relative.

[[Page 5623]]

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

     SEC. 505. SHORTAGE OCCUPATIONS.

       (a) Exception to Direct Numerical Limitations.--Section 
     201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the 
     end the following new subparagraph:
       ``(F)(i) During the period beginning on the date of the 
     enactment the Comprehensive Immigration Reform Act of 2006 
     and ending on September 30, 2017, an alien--
       ``(I) who is otherwise described in section 203(b); and
       ``(II) who is seeking admission to the United States to 
     perform labor in shortage occupations designated by the 
     Secretary of Labor for blanket certification under section 
     212(a)(5)(A) due to the lack of sufficient United States 
     workers able, willing, qualified, and available for such 
     occupations and for which the employment of aliens will not 
     adversely affect the terms and conditions of similarly 
     employed United States workers.
       ``(ii) During the period described in clause (i), the 
     spouse or dependents of an alien described in clause (i), if 
     accompanying or following to join such alien.''.
       (b) Exception to Nondiscrimination Requirements.--Section 
     202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking 
     ``201(b)(2)(A)(i)'' and inserting ``201(b)''.
       (c) Exception to Per Country Levels for Family-Sponsored 
     and Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C. 
     1152(a)(2)), as amended by section 502(1), is further amended 
     by inserting ``, except for aliens described in section 
     201(b),'' after ``any fiscal year''.
       (d) Increasing the Domestic Supply of Nurses and Physical 
     Therapists.--Not later than January 1, 2007, the Secretary of 
     Health and Human Services shall--
       (1) submit to Congress a report on the source of newly 
     licensed nurses and physical therapists in each State, which 
     report shall--
       (A) include the past 3 years for which data are available;
       (B) provide separate data for each occupation and for each 
     State;
       (C) separately identify those receiving their initial 
     license and those licensed by endorsement from another State;
       (D) within those receiving their initial license in each 
     year, identify the number who received their professional 
     education in the United States and those who received such 
     education outside the United States; and
       (E) to the extent possible, identify, by State of residence 
     and country of education, the number of nurses and physical 
     therapists who were educated in any of the 5 countries (other 
     than the United States) from which the most nurses and 
     physical therapists arrived;
       (F) identify the barriers to increasing the supply of 
     nursing faculty, domestically trained nurses, and 
     domestically trained physical therapists;
       (G) recommend strategies to be followed by Federal and 
     State governments that would be effective in removing such 
     barriers, including strategies that address barriers to 
     advancement to become registered nurses for other health care 
     workers, such as home health aides and nurses assistants;
       (H) recommend amendments to Federal legislation that would 
     increase the supply of nursing faculty, domestically trained 
     nurses, and domestically trained physical therapists;
       (I) recommend Federal grants, loans, and other incentives 
     that would provide increases in nurse educators, nurse 
     training facilities, and other steps to increase the domestic 
     education of new nurses and physical therapists;
       (J) identify the effects of nurse emigration on the health 
     care systems in their countries of origin; and
       (K) recommend amendments to Federal law that would minimize 
     the effects of health care shortages in the countries of 
     origin from which immigrant nurses arrived;
       (2) enter into a contract with the National Academy of 
     Sciences Institute of Medicine to determine the level of 
     Federal investment under titles VII and VIII of the Public 
     Health Service Act necessary to eliminate the domestic 
     nursing and physical therapist shortage not later than 7 
     years from the date on which the report is published; and
       (3) collaborate with other agencies, as appropriate, in 
     working with ministers of health or other appropriate 
     officials of the 5 countries from which the most nurses and 
     physical therapists arrived, to--
       (A) address health worker shortages caused by emigration;
       (B) ensure that there is sufficient human resource planning 
     or other technical assistance needed to reduce further health 
     worker shortages in such countries.

     SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

       (a) Short Title.--This section may be cited as the ``Widows 
     and Orphans Act of 2006''.
       (b) New Special Immigrant Category.--
       (1) Certain children and women at risk of harm.--Section 
     101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
       (A) in subparagraph (L), by inserting a semicolon at the 
     end;
       (B) in subparagraph (M), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(N) subject to subsection (j), an immigrant who is not 
     present in the United States--
       ``(i) who is--

       ``(I) referred to a consular, immigration, or other 
     designated official by a United States Government agency, an 
     international organization, or recognized nongovernmental 
     entity designated by the Secretary of State for purposes of 
     such referrals; and
       ``(II) determined by such official to be a minor under 18 
     years of age (as determined under subsection (j)(5))--

       ``(aa) for whom no parent or legal guardian is able to 
     provide adequate care;
       ``(bb) who faces a credible fear of harm related to his or 
     her age;
       ``(cc) who lacks adequate protection from such harm; and
       ``(dd) for whom it has been determined to be in his or her 
     best interests to be admitted to the United States; or
       ``(ii) who is--

       ``(I) referred to a consular or immigration official by a 
     United States Government agency, an international 
     organization or recognized nongovernmental entity designated 
     by the Secretary of State for purposes of such referrals; and
       ``(II) determined by such official to be a female who has--

       ``(aa) a credible fear of harm related to her sex; and
       ``(bb) a lack of adequate protection from such harm.''.
       (2) Statutory construction.--Section 101 (8 U.S.C. 1101) is 
     amended by adding at the end the following:
       ``(j)(1) No natural parent or prior adoptive parent of any 
     alien provided special immigrant status under subsection 
     (a)(27)(N)(i) shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this Act.
       ``(2)(A) No alien who qualifies for a special immigrant 
     visa under subsection (a)(27)(N)(ii) may apply for derivative 
     status or petition for any spouse who is represented by the 
     alien as missing, deceased, or the source of harm at the time 
     of the alien's application and admission. The Secretary of 
     Homeland Security may waive this requirement for an alien who 
     demonstrates that the alien's representations regarding the 
     spouse were bona fide.
       ``(B) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) may apply for derivative status 
     or petition for any sibling under the age of 18 years or 
     children under the age of 18 years of any such alien, if 
     accompanying or following to join the alien. For purposes of 
     this subparagraph, a determination of age shall be made using 
     the age of the alien on the date the petition is filed with 
     the Department of Homeland Security.
       ``(3) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) shall be treated in the same 
     manner as a refugee solely for purposes of section 412.
       ``(4) The provisions of paragraphs (4), (5), and (7)(A) of 
     section 212(a) shall not be applicable to any alien seeking 
     admission to the United States under subsection (a)(27)(N), 
     and the Secretary of Homeland Security may waive any other 
     provision of such section (other than paragraph 2(C) or 
     subparagraph (A), (B), (C), or (E) of paragraph (3) with 
     respect to such an alien for humanitarian purposes, to assure 
     family unity, or when it is otherwise in the public interest. 
     Any such waiver by the Secretary of Homeland Security shall 
     be in writing and shall be granted only on an individual 
     basis following an investigation. The Secretary of Homeland 
     Security shall provide for the annual reporting to Congress 
     of the number of waivers granted under this paragraph in the 
     previous fiscal year and a summary of the reasons for 
     granting such waivers.
       ``(5) For purposes of subsection (a)(27)(N)(i)(II), a 
     determination of age shall

[[Page 5624]]

     be made using the age of the alien on the date on which the 
     alien was referred to the consular, immigration, or other 
     designated official.
       ``(6) The Secretary of Homeland Security shall waive any 
     application fee for a special immigrant visa for an alien 
     described in section 101(a)(27)(N).''.
       (3) Expedited process.--Not later than 45 days after the 
     date of referral to a consular, immigration, or other 
     designated official (as described in section 101(a)(27)(N) of 
     the Immigration and Nationality Act, as added by paragraph 
     (1))--
       (A) special immigrant status shall be adjudicated; and
       (B) if special immigrant status is granted, the alien shall 
     be paroled to the United States pursuant to section 212(d)(5) 
     of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for 
     adjustment of status to permanent residence under section 245 
     of that Act (8 U.S.C. 1255) within 1 year after the alien's 
     arrival in the United States.
       (4) Report to congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary shall submit 
     a report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives on the progress of the implementation of this 
     section and the amendments made by this section, including--
       (A) data related to the implementation of this section and 
     the amendments made by this section;
       (B) data regarding the number of placements of females and 
     children who faces a credible fear of harm as referred to in 
     section 101(a)(27)(N) of the Immigration and Nationality Act, 
     as added by paragraph (1); and
       (C) any other information that the Secretary considers 
     appropriate.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection and the amendments made by this subsection.
       (c) Requirements for Aliens.--
       (1) Requirement prior to entry into the untied states.--
       (A) Database search.--An alien may not be admitted to the 
     United States unless the Secretary has ensured that a search 
     of each database maintained by an agency or department of the 
     United States has been conducted to determine whether such 
     alien is ineligible to be admitted to the Untied States on 
     criminal, security, or related grounds.
       (B) Cooperation and schedule.--The Secretary and the head 
     of each appropriate agency or department of the United States 
     shall work cooperatively to ensure that each database search 
     required by subparagraph (A) is completed not later than 45 
     days after the date on which an alien files a petition 
     seeking a special immigration visa under section 
     101(a)(27)(N) of the Immigration and Nationality Act, as 
     added by subsection (b)(1).
       (2) Requirement after entry into the united states.--
       (A) Requirement to submit fingerprints.--
       (i) In general.--Not later than 30 days after the date that 
     an alien enters the United States, the alien shall be 
     fingerprinted and submit to the Secretary such fingerprints 
     and any other personal biometric data required by the 
     Secretary.
       (ii) Other requirements.--The Secretary may prescribe 
     regulations that permit fingerprints submitted by an alien 
     under section 262 of the Immigration and Nationality Act (8 
     U.S.C. 1302) or any other provision of law to satisfy the 
     requirement to submit fingerprints of clause (i).
       (B) Database search.--The Secretary shall ensure that a 
     search of each database that contains fingerprints that is 
     maintained by an agency or department of the United States be 
     conducted to determine whether such alien is ineligible for 
     an adjustment of status under any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on 
     criminal, security, or related grounds.
       (C) Cooperation and schedule.--The Secretary and the head 
     of each appropriate agency or department of the United States 
     shall work cooperatively to ensure that each database search 
     required by subparagraph (B) is completed not later than 180 
     days after the date on which the alien enters the United 
     States.
       (D) Administrative and judicial review.--
       (i) In general.--There may be no review of a determination 
     by the Secretary, after a search required by subparagraph 
     (B), that an alien is ineligible for an adjustment of status, 
     under any provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) on criminal, security, or related 
     grounds except as provided in this subparagraph.
       (ii) Administrative review.--An alien may appeal a 
     determination described in clause (i) through the 
     Administrative Appeals Office of the Bureau of Citizenship 
     and Immigration Services. The Secretary shall ensure that a 
     determination on such appeal is made not later than 60 days 
     after the date that the appeal is filed.
       (iii) Judicial review.--There may be no judicial review of 
     a determination described in clause (i).

     SEC. 507. STUDENT VISAS.

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

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

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

[[Page 5625]]

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

     SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

       (a) Aliens With Certain Advanced Degrees Not Subject to 
     Numerical Limitations on Employment Based Immigrants.--
       (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), 
     as amended by section 505, is amended by adding at the end 
     the following:
       ``(G) Aliens who have earned an advanced degree in science, 
     technology, engineering, or math and have been working in a 
     related field in the United States under a nonimmigrant visa 
     during the 3-year period preceding their application for an 
     immigrant visa under section 203(b).
       ``(H) Aliens described in subparagraph (A) or (B) of 
     section 203(b)(1)(A) or who have received a national interest 
     waiver under section 203(b)(2)(B).
       ``(I) The spouse and minor children of an alien who is 
     admitted as an employment-based immigrant under section 
     203(b).''.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall apply to any visa application--
       (A) pending on the date of the enactment of this Act; or
       (B) filed on or after such date of enactment.
       (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 
     U.S.C. 1182(a)(5)(A)(ii)) is amended--
       (1) in subclause (I), by striking ``or'' at the end;
       (2) in subclause (II), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:

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

       (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``(beginning with fiscal year 1992)''; and
       (B) in subparagraph (A)--
       (i) in clause (vii), by striking ``each succeeding fiscal 
     year; or'' and inserting ``each of fiscal years 2004, 2005, 
     and 2006;''; and
       (ii) by adding after clause (vii) the following:
       ``(viii) 115,000 in the first fiscal year beginning after 
     the date of the enactment of this clause; and
       ``(ix) the number calculated under paragraph (9) in each 
     fiscal year after the year described in clause (viii); or'';
       (2) in paragraph (5)--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(D) has earned an advanced degree in science, technology, 
     engineering, or math.'';
       (3) by redesignating paragraphs (9), (10), and (11) as 
     paragraphs (10), (11), and (12), respectively; and
       (4) by inserting after paragraph (8) the following:
       ``(9) If the numerical limitation in paragraph (1)(A)--
       ``(A) is reached during a given fiscal year, the numerical 
     limitation under paragraph (1)(A)(ix) for the subsequent 
     fiscal year shall be equal to 120 percent of the numerical 
     limitation of the given fiscal year; or
       ``(B) is not reached during a given fiscal year, the 
     numerical limitation under paragraph (1)(A)(ix) for the 
     subsequent fiscal year shall be equal to the numerical 
     limitation of the given fiscal year.''.
       (d) Applicability.--The amendment made by subsection (c)(2) 
     shall apply to any visa application--
       (1) pending on the date of the enactment of this Act; or
       (2) filed on or after such date of enactment.
                                 ______
                                 
  SA 3485. 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 225, beginning on line 17, strike all through page 
     491, line 9, 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).

     SEC. 410. S VISAS.

       (a) Expansion of S Visa Classification.--Section 
     101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amended--
       (1) in clause (i)--
       (A) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security'';
       (B) in subclause (I), by inserting before the semicolon, `, 
     including a criminal enterprise undertaken by a foreign 
     government, its agents, representatives, or officials';
       (C) in subclause (III), by inserting ``where the 
     information concerns a criminal enterprise undertaken by an 
     individual or organization that is not a foreign government, 
     its agents, representatives, or officials,'' before 
     ``whose''; and
       (D) by striking ``or'' at the end; and
       (2) in clause (ii)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by striking ``1956,'' and all that follows through 
     ``the alien;'' and inserting the following: ``1956; or
       ``(iii) who the Secretary of Homeland Security and the 
     Secretary of State, in consultation with the Director of 
     Central Intelligence, jointly determine--
       ``(I) is in possession of critical reliable information 
     concerning the activities of governments or organizations, or 
     their agents, representatives, or officials, with respect to 
     weapons of mass destruction and related delivery systems, if 
     such governments or organizations are at risk of developing, 
     selling, or transferring such weapons or related delivery 
     systems; and
       ``(II) is willing to supply or has supplied, fully and in 
     good faith, information described in subclause (I) to 
     appropriate persons within the United States Government;
       ``and, if the Secretary of Homeland Security (or with 
     respect to clause (ii), the Secretary of State and the 
     Secretary of Homeland Security jointly) considers it to be 
     appropriate, the spouse, married and unmarried sons and 
     daughters, and parents of an alien described in clause (i), 
     (ii), or (iii) if accompanying, or following to join, the 
     alien;''.
       (b) Numerical Limitation.--Section 214(k)(1) (8 U.S.C. 
     1184(k)(1)) is amended by striking ``The number of aliens'' 
     and all that follows through the period and inserting the 
     following: ``The number of aliens who may be provided a visa 
     as nonimmigrants under section 101(a)(15)(S) in any fiscal 
     year may not exceed 1,000.''.
       (c) Reports.--
       (1) Content.--Paragraph (4) of section 214(k) (8 U.S.C. 
     1184(k)) is amended--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``The Attorney General'' and inserting 
     ``The Secretary of Homeland Security''; and
       (ii) by striking ``concerning--'' and inserting ``that 
     includes--'';
       (B) in subparagraph (D), by striking ``and'';
       (C) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (D) by inserting at the end the following:
       ``(F) in the event that the total number of such 
     nonimmigrants admitted is fewer than 25 percent of the total 
     number provided for under paragraph (1) of this subsection--
       ``(i) the reasons why the number of such nonimmigrants 
     admitted is fewer than 25 percent of that provided for by 
     law;

[[Page 5626]]

       ``(ii) the efforts made by the Secretary of Homeland 
     Security to admit such nonimmigrants; and
       ``(iii) any extenuating circumstances that contributed to 
     the admission of a number of such nonimmigrants that is fewer 
     than 25 percent of that provided for by law.''.
       (2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is 
     amended by adding at the end the following new paragraph:
       ``(5) To the extent required by law and if it is in the 
     interests of national security or the security of such 
     nonimmigrants that are admitted, as determined by the 
     Secretary of Homeland Security, the information contained in 
     a report described in paragraph (4) may be classified, and 
     the Secretary of Homeland Security shall, to the extent 
     feasible, submit a non-classified version of the report to 
     the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate.''.

     SEC. 411. L VISA LIMITATIONS.

       Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case'' and 
     inserting ``Except as provided in subparagraph (H), in the 
     case''; and
       (3) by adding at the end the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a new facility, the petition may be approved for 
     a period not to exceed 12 months only if the employer 
     operating the new facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits to 
     the Secretary of Homeland Security--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     of section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause (i);
       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, during the 
     previous 12 months, has been doing business at the new 
     facility through regular, systematic, and continuous 
     provision of goods or services, or has otherwise been taking 
     commercially reasonable steps to establish the new facility 
     as a commercial enterprise;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new facility during the previous 12 months 
     and the duties the beneficiary will perform at the new 
     facility during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     facility, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees if the 
     beneficiary will be employed in a managerial or executive 
     capacity;
       ``(X) evidence of the financial status of the new facility; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) Notwithstanding subclauses (I) through (VI) of 
     clause (ii) and subject to the maximum period of authorized 
     admission set forth in subparagraph (D), the Secretary of 
     Homeland Security may approve a subsequently filed petition 
     on behalf of the beneficiary to continue employment at the 
     facility described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly 
     caused by extraordinary circumstances beyond the control of 
     the importing employer.
       ``(H)(i) The Secretary of Homeland Security may not 
     authorize the spouse of an alien described under section 
     101(a)(15)(L), who is a dependent of a beneficiary under 
     subparagraph (G), to engage in employment in the United 
     States during the initial 9-month period described in 
     subparagraph (G)(i).
       ``(ii) A spouse described in clause (i) may be provided 
     employment authorization upon the approval of an extension 
     under subparagraph (G)(ii).
       ``(I) For purposes of determining the eligibility of an 
     alien for classification under Section 101(a)(15)(L) of this 
     Act, the Secretary of Homeland Security shall establish a 
     program to work cooperatively with the Department of State to 
     verify a company or facility's existence in the United States 
     and abroad.''.

     SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     such sums as may be necessary to carry out this subtitle and 
     the amendments made by this subtitle for the first fiscal 
     year beginning before the date of enactment of this Act and 
     each of the subsequent fiscal years beginning not more than 7 
     years after the effective date of the regulations promulgated 
     by the Secretary to implement this subtitle.

               Subtitle B--Immigration Injunction Reform

     SEC. 421. SHORT TITLE.

       This subtitle may be cited as the ``Fairness in Immigration 
     Litigation Act of 2006''.

     SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

       (a) Requirements for an Order Granting Prospective Relief 
     Against the Government.--
       (1) In general.--If a court determines that prospective 
     relief should be ordered against the Government in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall--
       (A) limit the relief to the minimum necessary to correct 
     the violation of law;
       (B) adopt the least intrusive means to correct the 
     violation of law;
       (C) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety, and
       (D) provide for the expiration of the relief on a specific 
     date, which is not later than the earliest date necessary for 
     the Government to remedy the violation.
       (2) Written explanation.--The requirements described in 
     subsection (1) shall be discussed and explained in writing in 
     the order granting prospective relief and must be 
     sufficiently detailed to allow review by another court.
       (3) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief shall automatically expire on 
     the date that is 90 days after the date on which such relief 
     is entered, unless the court--
       (A) makes the findings required under paragraph (1) for the 
     entry of permanent prospective relief; and
       (B) makes the order final before expiration of such 90-day 
     period.
       (4) Requirements for order denying motion.--This subsection 
     shall apply to any order denying the Government's motion to 
     vacate, modify, dissolve or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States.
       (b) Procedure for Motion Affecting Order Granting 
     Prospective Relief Against the Government.--
       (1) In general.--A court shall promptly rule on the 
     Government's motion to vacate, modify, dissolve or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (2) Automatic stays.--
       (A) In general.--The Government's motion to vacate, modify, 
     dissolve, or otherwise terminate an order granting 
     prospective relief made in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the court, stay the order granting prospective relief on 
     the date that is 15 days after the date on which such motion 
     is filed unless the court previously has granted or denied 
     the Government's motion.
       (B) Duration of automatic stay.--An automatic stay under 
     subparagraph (A) shall continue until the court enters an 
     order granting or denying the Government's motion.
       (C) Postponement.--The court, for good cause, may postpone 
     an automatic stay under subparagraph (A) for not longer than 
     15 days.
       (D) Orders blocking automatic stays.--Any order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of the automatic stay described in subparagraph (A), other 
     than an order to postpone the effective date of the automatic 
     stay for not longer than 15 days under subparagraph (C), 
     shall be--
       (i) treated as an order refusing to vacate, modify, 
     dissolve or otherwise terminate an injunction; and
       (ii) immediately appealable under section 1292(a)(1) of 
     title 28, United States Code.
       (c) Settlements.--
       (1) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States, the court may not enter, approve, or continue 
     a consent decree that does not comply with subsection (a).
       (2) Private settlement agreements.--Nothing in this section 
     shall preclude parties from entering into a private 
     settlement agreement that does not comply with subsection (a) 
     if the terms of that agreement are not subject to court 
     enforcement other than reinstatement of the civil proceedings 
     that the agreement settled.
       (d) Definitions.--In this section:
       (1) Consent decree.--The term ``consent decree''--
       (A) means any relief entered by the court that is based in 
     whole or in part on the consent or acquiescence of the 
     parties; and
       (B) does not include private settlements.
       (2) Good cause.--The term ``good cause'' does not include 
     discovery or congestion of the court's calendar.

[[Page 5627]]

       (3) Government.--The term ``Government'' means the United 
     States, any Federal department or agency, or any Federal 
     agent or official acting within the scope of official duties.
       (4) Permanent relief.--The term ``permanent relief'' means 
     relief issued in connection with a final decision of a court.
       (5) Private settlement agreement.--The term ``private 
     settlement agreement'' means an agreement entered into among 
     the parties that is not subject to judicial enforcement other 
     than the reinstatement of the civil action that the agreement 
     settled.
       (6) Prospective relief.--The term ``prospective relief'' 
     means temporary, preliminary, or permanent relief other than 
     compensatory monetary damages.
       (e) Expedited Proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion considered under 
     this section.

     SEC. 423. EFFECTIVE DATE.

       (a) In General.--This subtitle shall apply with respect to 
     all orders granting prospective relief in any civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States, whether such relief 
     was ordered before, on, or after the date of the enactment of 
     this Act.
       (b) Pending Motions.--Every motion to vacate, modify, 
     dissolve or otherwise terminate an order granting prospective 
     relief in any such action, which motion is pending on the 
     date of the enactment of this Act, shall be treated as if it 
     had been filed on such date of enactment.
       (c) Automatic Stay for Pending Motions.--
       (1) In general.--An automatic stay with respect to the 
     prospective relief that is the subject of a motion described 
     in subsection (b) shall take effect without further order of 
     the court on the date which is 10 days after the date of the 
     enactment of this Act if the motion--
       (A) was pending for 45 days as of the date of the enactment 
     of this Act; and
       (B) is still pending on the date which is 10 days after 
     such date of enactment.
       (2) Duration of automatic stay.--An automatic stay that 
     takes effect under paragraph (1) shall continue until the 
     court enters an order granting or denying the Government's 
     motion under section 422(b). There shall be no further 
     postponement of the automatic stay with respect to any such 
     pending motion under section 422(b)(2). Any order, staying, 
     suspending, delaying or otherwise barring the effective date 
     of this automatic stay with respect to pending motions 
     described in subsection (b) shall be an order blocking an 
     automatic stay subject to immediate appeal under section 
     422(b)(2)(D).

                       TITLE V--BACKLOG REDUCTION

     SEC. 501. ELIMINATION OF EXISTING BACKLOGS.

       (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
     worldwide level of family-sponsored immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 480,000;
       ``(2) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year;
       ``(3) the difference between--
       ``(A) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     minus the number of visas issued under this subsection during 
     those fiscal years; and
       ``(B) the number of visas calculated under subparagraph (A) 
     that were issued after fiscal year 2005.''.
       (b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 
     1151(d)) is amended to read as follows:
       ``(d) Worldwide Level of Employment-Based Immigrants.--
       ``(1) In general.--Subject to paragraph (2), the worldwide 
     level of employment-based immigrants under this subsection 
     for a fiscal year is equal to the sum of--
       ``(A)(i) 450,000, for each of the fiscal years 2007 through 
     2016; or
       ``(ii) 290,000, for fiscal year 2017 and each subsequent 
     fiscal year;
       ``(B) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year; and
       ``(C) the difference between--
       ``(i) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     and the number of visa numbers issued under this subsection 
     during those fiscal years; and
       ``(ii) the number of visas calculated under clause (i) that 
     were issued after fiscal year 2005.
       ``(2) Visas for spouses and children.--Immigrant visas 
     issued on or after October 1, 2004, to spouses and children 
     of employment-based immigrants shall not be counted against 
     the numerical limitation set forth in paragraph (1).''.

     SEC. 502. COUNTRY LIMITS.

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

     SEC. 503. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Family-Sponsored 
     Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to 
     read as follows:
       ``(a) Preference Allocations for Family-Sponsored 
     Immigrants.--Aliens subject to the worldwide level specified 
     in section 201(c) for family-sponsored immigrants shall be 
     allocated visas as follows:
       ``(1) Unmarried sons and daughters of citizens.--Qualified 
     immigrants who are the unmarried sons or daughters of 
     citizens of the United States shall be allocated visas in a 
     quantity not to exceed the sum of--
       ``(A) 10 percent of such worldwide level; and
       ``(B) any visas not required for the class specified in 
     paragraph (4).
       ``(2) Spouses and unmarried sons and daughters of permanent 
     resident aliens.--
       ``(A) In general.--Visas in a quantity not to exceed 50 
     percent of such worldwide level plus any visas not required 
     for the class specified in paragraph (1) shall be allocated 
     to qualified immigrants who are--
       ``(i) the spouses or children of an alien lawfully admitted 
     for permanent residence; or
       ``(ii) the unmarried sons or daughters of an alien lawfully 
     admitted for permanent residence.
       ``(B) Minimum percentage.--Visas allocated to individuals 
     described in subparagraph (A)(i) shall constitute not less 
     than 77 percent of the visas allocated under this paragraph.
       ``(3) Married sons and daughters of citizens.--Qualified 
     immigrants who are the married sons and daughters of citizens 
     of the United States shall be allocated visas in a quantity 
     not to exceed the sum of--
       ``(A) 10 percent of such worldwide level; and
       ``(B) any visas not required for the classes specified in 
     paragraphs (1) and (2).
       ``(4) Brothers and sisters of citizens.--Qualified 
     immigrants who are the brothers or sisters of a citizen of 
     the United States who is at least 21 years of age shall be 
     allocated visas in a quantity not to exceed 30 percent of the 
     worldwide level.''.
       (b) Preference Allocation for Employment-Based 
     Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
       (1) in paragraph (1), by striking ``28.6 percent'' and 
     inserting ``15 percent'';
       (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
     inserting ``15 percent'';
       (3) in paragraph (3)(A)--
       (A) by striking ``28.6 percent'' and inserting ``35 
     percent''; and
       (B) by striking clause (iii);
       (4) by striking paragraph (4);
       (5) by redesignating paragraph (5) as paragraph (4);
       (6) in paragraph (4)(A), as redesignated, by striking ``7.1 
     percent'' and inserting ``5 percent'';
       (7) by inserting after paragraph (4), as redesignated, the 
     following:
       ``(5) Other workers.--
       ``(A) In general.--Visas shall be made available, in a 
     number not to exceed 30 percent of such worldwide level, plus 
     any visa numbers not required for the classes specified in 
     paragraphs (1) through (4), to qualified immigrants who are 
     capable, at the time of petitioning for classification under 
     this paragraph, of performing unskilled labor that is not of 
     a temporary or seasonal nature, for which qualified workers 
     are determined to be unavailable in the United States.
       ``(B) Priority.--In allocating visas under subparagraph 
     (A), priority shall be given to qualified immigrants who were 
     physically present in the United States before January 7, 
     2004,''; and
       (8) by striking paragraph (6).
       (c) Conforming Amendments.--
       (1) Definition of special immigrant.--Section 101(a)(27)(M) 
     (8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to 
     the numerical limitations of section 203(b)(4),''.
       (2) Repeal of temporary reduction in workers' visas.--
     Section 203(e) of the Nicaraguan Adjustment and Central 
     American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) 
     is repealed.

     SEC. 504. RELIEF FOR MINOR CHILDREN.

       (a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is 
     amended to read as follows:
       ``(2)(A)(i) Aliens admitted under section 211(a) on the 
     basis of a prior issuance of a visa under section 203(a) to 
     their accompanying parent who is an immediate relative.
       ``(ii) In this subparagraph, the term `immediate relative' 
     means a child, spouse, or parent of a citizen of the United 
     States (and each child of such child, spouse, or parent who 
     is accompanying or following to join the child, spouse, or 
     parent), except that, in the case of parents, such citizens 
     shall be at least 21 years of age.
       ``(iii) An alien who was the spouse of a citizen of the 
     United States for not less than 2 years at the time of the 
     citizen's death and

[[Page 5628]]

     was not legally separated from the citizen at the time of the 
     citizen's death, and each child of such alien, shall be 
     considered, for purposes of this subsection, to remain an 
     immediate relative after the date of the citizen's death if 
     the spouse files a petition under section 204(a)(1)(A)(ii) 
     before the earlier of--
       ``(I) 2 years after such date; or
       ``(II) the date on which the spouse remarries.
       ``(iv) In this clause, an alien who has filed a petition 
     under clause (iii) or (iv) of section 204(a)(1)(A) remains an 
     immediate relative if the United States citizen spouse or 
     parent loses United States citizenship on account of the 
     abuse.
       ``(B) Aliens born to an alien lawfully admitted for 
     permanent residence during a temporary visit abroad.''.
       (b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C. 1154 
     (a)(1)(A)(ii)) is amended by striking ``in the second 
     sentence of section 201(b)(2)(A)(i) also'' and inserting ``in 
     section 201(b)(2)(A)(iii) or an alien child or alien parent 
     described in the 201(b)(2)(A)(iv)''.

     SEC. 505. SHORTAGE OCCUPATIONS.

       (a) Exception to Direct Numerical Limitations.--Section 
     201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the 
     end the following new subparagraph:
       ``(F)(i) During the period beginning on the date of the 
     enactment the Comprehensive Immigration Reform Act of 2006 
     and ending on September 30, 2017, an alien--
       ``(I) who is otherwise described in section 203(b); and
       ``(II) who is seeking admission to the United States to 
     perform labor in shortage occupations designated by the 
     Secretary of Labor for blanket certification under section 
     212(a)(5)(A) due to the lack of sufficient United States 
     workers able, willing, qualified, and available for such 
     occupations and for which the employment of aliens will not 
     adversely affect the terms and conditions of similarly 
     employed United States workers.
       ``(ii) During the period described in clause (i), the 
     spouse or dependents of an alien described in clause (i), if 
     accompanying or following to join such alien.''.
       (b) Exception to Nondiscrimination Requirements.--Section 
     202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking 
     ``201(b)(2)(A)(i)'' and inserting ``201(b)''.
       (c) Exception to Per Country Levels for Family-Sponsored 
     and Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C. 
     1152(a)(2)), as amended by section 502(1), is further amended 
     by inserting ``, except for aliens described in section 
     201(b),'' after ``any fiscal year''.
       (d) Increasing the Domestic Supply of Nurses and Physical 
     Therapists.--Not later than January 1, 2007, the Secretary of 
     Health and Human Services shall--
       (1) submit to Congress a report on the source of newly 
     licensed nurses and physical therapists in each State, which 
     report shall--
       (A) include the past 3 years for which data are available;
       (B) provide separate data for each occupation and for each 
     State;
       (C) separately identify those receiving their initial 
     license and those licensed by endorsement from another State;
       (D) within those receiving their initial license in each 
     year, identify the number who received their professional 
     education in the United States and those who received such 
     education outside the United States; and
       (E) to the extent possible, identify, by State of residence 
     and country of education, the number of nurses and physical 
     therapists who were educated in any of the 5 countries (other 
     than the United States) from which the most nurses and 
     physical therapists arrived;
       (F) identify the barriers to increasing the supply of 
     nursing faculty, domestically trained nurses, and 
     domestically trained physical therapists;
       (G) recommend strategies to be followed by Federal and 
     State governments that would be effective in removing such 
     barriers, including strategies that address barriers to 
     advancement to become registered nurses for other health care 
     workers, such as home health aides and nurses assistants;
       (H) recommend amendments to Federal legislation that would 
     increase the supply of nursing faculty, domestically trained 
     nurses, and domestically trained physical therapists;
       (I) recommend Federal grants, loans, and other incentives 
     that would provide increases in nurse educators, nurse 
     training facilities, and other steps to increase the domestic 
     education of new nurses and physical therapists;
       (J) identify the effects of nurse emigration on the health 
     care systems in their countries of origin; and
       (K) recommend amendments to Federal law that would minimize 
     the effects of health care shortages in the countries of 
     origin from which immigrant nurses arrived;
       (2) enter into a contract with the National Academy of 
     Sciences Institute of Medicine to determine the level of 
     Federal investment under titles VII and VIII of the Public 
     Health Service Act necessary to eliminate the domestic 
     nursing and physical therapist shortage not later than 7 
     years from the date on which the report is published; and
       (3) collaborate with other agencies, as appropriate, in 
     working with ministers of health or other appropriate 
     officials of the 5 countries from which the most nurses and 
     physical therapists arrived, to--
       (A) address health worker shortages caused by emigration;
       (B) ensure that there is sufficient human resource planning 
     or other technical assistance needed to reduce further health 
     worker shortages in such countries.

     SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

       (a) Short Title.--This section may be cited as the ``Widows 
     and Orphans Act of 2006''.
       (b) New Special Immigrant Category.--
       (1) Certain children and women at risk of harm.--Section 
     101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
       (A) in subparagraph (L), by inserting a semicolon at the 
     end;
       (B) in subparagraph (M), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(N) subject to subsection (j), an immigrant who is not 
     present in the United States--
       ``(i) who is--

       ``(I) referred to a consular, immigration, or other 
     designated official by a United States Government agency, an 
     international organization, or recognized nongovernmental 
     entity designated by the Secretary of State for purposes of 
     such referrals; and
       ``(II) determined by such official to be a minor under 18 
     years of age (as determined under subsection (j)(5))--

       ``(aa) for whom no parent or legal guardian is able to 
     provide adequate care;
       ``(bb) who faces a credible fear of harm related to his or 
     her age;
       ``(cc) who lacks adequate protection from such harm; and
       ``(dd) for whom it has been determined to be in his or her 
     best interests to be admitted to the United States; or
       ``(ii) who is--

       ``(I) referred to a consular or immigration official by a 
     United States Government agency, an international 
     organization or recognized nongovernmental entity designated 
     by the Secretary of State for purposes of such referrals; and
       ``(II) determined by such official to be a female who has--

       ``(aa) a credible fear of harm related to her sex; and
       ``(bb) a lack of adequate protection from such harm.''.
       (2) Statutory construction.--Section 101 (8 U.S.C. 1101) is 
     amended by adding at the end the following:
       ``(j)(1) No natural parent or prior adoptive parent of any 
     alien provided special immigrant status under subsection 
     (a)(27)(N)(i) shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this Act.
       ``(2)(A) No alien who qualifies for a special immigrant 
     visa under subsection (a)(27)(N)(ii) may apply for derivative 
     status or petition for any spouse who is represented by the 
     alien as missing, deceased, or the source of harm at the time 
     of the alien's application and admission. The Secretary of 
     Homeland Security may waive this requirement for an alien who 
     demonstrates that the alien's representations regarding the 
     spouse were bona fide.
       ``(B) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) may apply for derivative status 
     or petition for any sibling under the age of 18 years or 
     children under the age of 18 years of any such alien, if 
     accompanying or following to join the alien. For purposes of 
     this subparagraph, a determination of age shall be made using 
     the age of the alien on the date the petition is filed with 
     the Department of Homeland Security.
       ``(3) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) shall be treated in the same 
     manner as a refugee solely for purposes of section 412.
       ``(4) The provisions of paragraphs (4), (5), and (7)(A) of 
     section 212(a) shall not be applicable to any alien seeking 
     admission to the United States under subsection (a)(27)(N), 
     and the Secretary of Homeland Security may waive any other 
     provision of such section (other than paragraph 2(C) or 
     subparagraph (A), (B), (C), or (E) of paragraph (3) with 
     respect to such an alien for humanitarian purposes, to assure 
     family unity, or when it is otherwise in the public interest. 
     Any such waiver by the Secretary of Homeland Security shall 
     be in writing and shall be granted only on an individual 
     basis following an investigation. The Secretary of Homeland 
     Security shall provide for the annual reporting to Congress 
     of the number of waivers granted under this paragraph in the 
     previous fiscal year and a summary of the reasons for 
     granting such waivers.
       ``(5) For purposes of subsection (a)(27)(N)(i)(II), a 
     determination of age shall be made using the age of the alien 
     on the date on which the alien was referred to the consular, 
     immigration, or other designated official.
       ``(6) The Secretary of Homeland Security shall waive any 
     application fee for a special immigrant visa for an alien 
     described in section 101(a)(27)(N).''.
       (3) Expedited process.--Not later than 45 days after the 
     date of referral to a consular, immigration, or other 
     designated official (as

[[Page 5629]]

     described in section 101(a)(27)(N) of the Immigration and 
     Nationality Act, as added by paragraph (1))--
       (A) special immigrant status shall be adjudicated; and
       (B) if special immigrant status is granted, the alien shall 
     be paroled to the United States pursuant to section 212(d)(5) 
     of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for 
     adjustment of status to permanent residence under section 245 
     of that Act (8 U.S.C. 1255) within 1 year after the alien's 
     arrival in the United States.
       (4) Report to congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary shall submit 
     a report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives on the progress of the implementation of this 
     section and the amendments made by this section, including--
       (A) data related to the implementation of this section and 
     the amendments made by this section;
       (B) data regarding the number of placements of females and 
     children who faces a credible fear of harm as referred to in 
     section 101(a)(27)(N) of the Immigration and Nationality Act, 
     as added by paragraph (1); and
       (C) any other information that the Secretary considers 
     appropriate.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection and the amendments made by this subsection.
       (c) Requirements for Aliens.--
       (1) Requirement prior to entry into the untied states.--
       (A) Database search.--An alien may not be admitted to the 
     United States unless the Secretary has ensured that a search 
     of each database maintained by an agency or department of the 
     United States has been conducted to determine whether such 
     alien is ineligible to be admitted to the Untied States on 
     criminal, security, or related grounds.
       (B) Cooperation and schedule.--The Secretary and the head 
     of each appropriate agency or department of the United States 
     shall work cooperatively to ensure that each database search 
     required by subparagraph (A) is completed not later than 45 
     days after the date on which an alien files a petition 
     seeking a special immigration visa under section 
     101(a)(27)(N) of the Immigration and Nationality Act, as 
     added by subsection (b)(1).
       (2) Requirement after entry into the united states.--
       (A) Requirement to submit fingerprints.--
       (i) In general.--Not later than 30 days after the date that 
     an alien enters the United States, the alien shall be 
     fingerprinted and submit to the Secretary such fingerprints 
     and any other personal biometric data required by the 
     Secretary.
       (ii) Other requirements.--The Secretary may prescribe 
     regulations that permit fingerprints submitted by an alien 
     under section 262 of the Immigration and Nationality Act (8 
     U.S.C. 1302) or any other provision of law to satisfy the 
     requirement to submit fingerprints of clause (i).
       (B) Database search.--The Secretary shall ensure that a 
     search of each database that contains fingerprints that is 
     maintained by an agency or department of the United States be 
     conducted to determine whether such alien is ineligible for 
     an adjustment of status under any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on 
     criminal, security, or related grounds.
       (C) Cooperation and schedule.--The Secretary and the head 
     of each appropriate agency or department of the United States 
     shall work cooperatively to ensure that each database search 
     required by subparagraph (B) is completed not later than 180 
     days after the date on which the alien enters the United 
     States.
       (D) Administrative and judicial review.--
       (i) In general.--There may be no review of a determination 
     by the Secretary, after a search required by subparagraph 
     (B), that an alien is ineligible for an adjustment of status, 
     under any provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) on criminal, security, or related 
     grounds except as provided in this subparagraph.
       (ii) Administrative review.--An alien may appeal a 
     determination described in clause (i) through the 
     Administrative Appeals Office of the Bureau of Citizenship 
     and Immigration Services. The Secretary shall ensure that a 
     determination on such appeal is made not later than 60 days 
     after the date that the appeal is filed.
       (iii) Judicial review.--There may be no judicial review of 
     a determination described in clause (i).

     SEC. 507. STUDENT VISAS.

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

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

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

[[Page 5630]]

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

     SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

       (a) Aliens With Certain Advanced Degrees Not Subject to 
     Numerical Limitations on Employment Based Immigrants.--
       (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), 
     as amended by section 505, is amended by adding at the end 
     the following:
       ``(G) Aliens who have earned an advanced degree in science, 
     technology, engineering, or math and have been working in a 
     related field in the United States under a nonimmigrant visa 
     during the 3-year period preceding their application for an 
     immigrant visa under section 203(b).
       ``(H) Aliens described in subparagraph (A) or (B) of 
     section 203(b)(1)(A) or who have received a national interest 
     waiver under section 203(b)(2)(B).
       ``(I) The spouse and minor children of an alien who is 
     admitted as an employment-based immigrant under section 
     203(b).''.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall apply to any visa application--
       (A) pending on the date of the enactment of this Act; or
       (B) filed on or after such date of enactment.
       (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 
     U.S.C. 1182(a)(5)(A)(ii)) is amended--
       (1) in subclause (I), by striking ``or'' at the end;
       (2) in subclause (II), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:

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

       (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``(beginning with fiscal year 1992)''; and
       (B) in subparagraph (A)--
       (i) in clause (vii), by striking ``each succeeding fiscal 
     year; or'' and inserting ``each of fiscal years 2004, 2005, 
     and 2006;''; and
       (ii) by adding after clause (vii) the following:
       ``(viii) 115,000 in the first fiscal year beginning after 
     the date of the enactment of this clause; and
       ``(ix) the number calculated under paragraph (9) in each 
     fiscal year after the year described in clause (viii); or'';
       (2) in paragraph (5)--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(D) has earned an advanced degree in science, technology, 
     engineering, or math.'';
       (3) by redesignating paragraphs (9), (10), and (11) as 
     paragraphs (10), (11), and (12), respectively; and
       (4) by inserting after paragraph (8) the following:
       ``(9) If the numerical limitation in paragraph (1)(A)--
       ``(A) is reached during a given fiscal year, the numerical 
     limitation under paragraph (1)(A)(ix) for the subsequent 
     fiscal year shall be equal to 120 percent of the numerical 
     limitation of the given fiscal year; or
       ``(B) is not reached during a given fiscal year, the 
     numerical limitation under paragraph (1)(A)(ix) for the 
     subsequent fiscal year shall be equal to the numerical 
     limitation of the given fiscal year.''.
       (d) Applicability.--The amendment made by subsection (c)(2) 
     shall apply to any visa application--
       (1) pending on the date of the enactment of this Act; or
       (2) filed on or after such date of enactment.
                                 ______
                                 
  SA 3486. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 11, strike line 13 through page 13, line 20, and 
     insert the following:

     ``SEC. 105. PORTS OF ENTRY.

       To facilitate the flow of trade, commerce, tourism, and 
     legal immigration, the Secretary shall--
       (1) at locations to be determined by the Secretary, 
     increase by at least 25 percent, the number of ports of entry 
     along the southwestern international border of the United 
     States;
       (2) increase the port of entry along the northern 
     international land border as needed; and
       (3) make necessary improvements to the ports of entry in 
     existence on the date of the enactment of this Act.

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

       (a) Tucson Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Tucson Sector located proximate to population 
     centers in Douglas, Nogales, Naco, and Lukeville, Arizona 
     with double- or triple-fencing running parallel to the 
     international border between the United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas, except 
     that the double- or triple-layered fence shall extend west of 
     Naco, Arizona, for a distance of 10 miles; and
       (3) construct not less than 150 miles of vehicle barriers 
     and all-weather roads in the Tucson Sector running parallel 
     to the international border between the United States and 
     Mexico in areas that are known transit points for illegal 
     cross-border traffic.
       (b) Yuma Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Yuma Sector located proximate to population 
     centers in Yuma, Somerton, and San Luis, Arizona with double- 
     or triple-fencing running parallel to the international 
     border between the United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas in the 
     Yuma Sector.
       (3) construct not less than 50 miles of vehicle barriers 
     and all-weather roads in the Yuma Sector running parallel to 
     the international border between the United States and Mexico 
     in areas that are known transit points for illegal cross-
     border traffic.
       (c) Other Sectors.--
       (1) Reinforced fencing--The Secretary shall construct a 
     double- or triple-layered fence
       (A) extending from 10 miles west of the Tecate, California, 
     port of entry to 10 miles east of the Tecate, California, 
     port of entry;
       (B) extending from 10 miles west of the Calexico, 
     California, port of entry to 5 miles east of the Douglas, 
     Arizona, port of entry;
       (C) extending from 5 miles west of the Columbus, New 
     Mexico, port of entry to 10 miles east of El Paso, Texas;
       (D) extending from 5 miles northwest of the Del Rio, Texas, 
     port of entry to 5 miles southeast of the Eagle Pass, Texas, 
     port of entry; and
       (E) extending 15 miles northwest of the Laredo, Texas, port 
     of entry to the Brownsville, Texas, port of entry.
       (d) Construction Deadline.--The Secretary shall immediately 
     commence construction of the fencing, barriers, and roads 
     described in subsections (a) (b) and (c), and shall complete 
     such construction not later than 2 years after the date of 
     the enactment of this Act.
       (e) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes the progress that has been made in 
     constructing the fencing, barriers, and roads described in 
     subsections (a) (b) and (c).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.''
                                 ______
                                 
  SA 3487. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 11, strike line 13 through page 13, line 20, and 
     insert the following:

     ``SEC. 105. PORTS OF ENTRY.

       To facilitate the flow of trade, commerce, tourism, and 
     legal immigration, the Secretary shall--
       (1) at locations to be determined by the Secretary, 
     increase by at least 25 percent, the number of ports of entry 
     along the southwestern international border of the United 
     States;
       (2) increase the ports of entry along the northern 
     international land border as needed; and
       (3) make necessary improvements to the ports of entry in 
     existence on the date of the enactment of this Act.

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

       (a) Tucson Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Tucson Sector

[[Page 5631]]

     located proximate to population centers in Douglas, Nogales, 
     Naco, and Lukeville, Arizona with double- or triple-fencing 
     running parallel to the international border between the 
     United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas, except 
     that the double- or triple-layered fence shall extend west of 
     Naco, Arizona, for a distance of 10 miles; and
       (3) construct not less than 150 miles of vehicle barriers 
     and all-weather roads in the Tucson Sector running parallel 
     to the international border between the United States and 
     Mexico in areas that are known transit points for illegal 
     cross-border traffic.
       (b) Yuma Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Yuma Sector located proximate to population 
     centers in Yuma, Somerton, and San Luis, Arizona with double- 
     or triple-fencing running parallel to the international 
     border between the United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas in the 
     Yuma Sector.
       (3) construct not less than 50 miles of vehicle barriers 
     and all-weather roads in the Yuma Sector running parallel to 
     the international border between the United States and Mexico 
     in areas that are known transit points for illegal cross-
     border traffic.
       (c) Other Sectors.--
       (1) Reinforced fencing.--The Secretary shall construct not 
     less than 700 additional miles of double- or triple-layered 
     fencing at strategic locations along the southwest 
     international border to be determined by the Secretary.
       (2) Priority areas.--In determining strategic locations 
     under paragraph (c)(1), the Secretary shall prioritize, to 
     the maximum extent practicable--
       (A) areas with the highest illegal alien apprehension 
     rates; and
       (B) areas with the highest human and drug trafficking 
     rates, in the determination of the Secretary.
       (d) Construction Deadline.--The Secretary shall immediately 
     commence construction of the fencing, barriers, and roads 
     described in subsections (a) (b) and (c), and shall complete 
     such construction not later than 2 years after the date of 
     the enactment of this Act.
       (e) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes the progress that has been made in 
     constructing the fencing, barriers, and roads described in 
     subsections (a) (b) and (c).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.''
                                 ______
                                 
  SA 3488. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 169, line 1 and 2 strike ``of the criminal 
     provisions''.
                                 ______
                                 
  SA 3489. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 of title V, insert the following:

     SEC. 509. REQUIREMENTS FOR NATURALIZATION.

       (a) English Language Requirements.--Section 312(a)(1) (8 
     U.S.C. 1423(a)(1)) is amended to read as follows:
       ``(1) an understanding of the English language on an eighth 
     grade level, in accordance with regulations prescribed by the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State; and''.
       (b) Requirement for History and Government Testing.--
     Section 312(a)(2) (8 U.S.C. 1423(a)(2)) is amended by 
     striking the period at the end and inserting ``, as 
     demonstrated by receiving a passing score on a standardized 
     test administered by the Secretary of Homeland Security of 
     not less than 50 randomly selected questions from a database 
     of not less than 1000 questions developed by the 
     Secretary.''.
                                 ______
                                 
  SA 3490. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 5, after line 16, add new Sections 3 (3); 3(4); and 
     3(5) that reads:
       (3) Biometric.--The term ``Biometric'' includes the 
     collection of, at a minimum, all 10 fingerprints from an 
     individual, unless the individual is missing one or more of 
     their digits, in which case the term ``biometric'' shall 
     include the collection of, at a minimum, all fingerprints 
     available.
       (4) Biometric identifier.--The term ``biometric 
     identifier'' includes identifying an individual through the 
     use of, at a minimum, fingerprint biometrics. The term does 
     not include identification through a facial recognition 
     biometric alone.
       (5) Biometric authentication.--The term ``biometric 
     authentication'' includes, at a minimum, authentication 
     through the use of a fingerprint biometric.
                                 ______
                                 
  SA 3491. Mr. SESSIONS 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 VII--IMMIGRATION LITIGATION REDUCTION

     SEC. 701. CONSOLIDATION OF IMMIGRATION APPEALS.

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

     SEC. 702. CERTIFICATE OF REVIEWABILITY.

       (a) Briefs.--Section 242(b)(3)(C) (8 U.S.C. 1252(b)(3)(C)) 
     is amended to read as follows:
       ``(C) Briefs.--
       ``(i) Alien's brief.--The alien shall serve and file a 
     brief in connection with a petition for judicial review not 
     later than 40 days

[[Page 5632]]

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

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

       ``(vi) If no certificate of reviewability is issued before 
     the end of the period described in clause (iv), including any 
     extension under clause (v), the petition for review shall be 
     denied, any stay or injunction on petitioner's removal shall 
     be dissolved without further action by the court or the 
     Government, and the alien may be removed.
       ``(vii) If such judge issues a certificate of reviewability 
     under clause (ii), the Government shall be afforded an 
     opportunity to file a brief in response to the alien's brief. 
     The alien may serve and file a reply brief not later than 14 
     days after service of the Government brief, and the court may 
     not extend this deadline except upon motion for good cause 
     shown.
       ``(E) No further review of decision not to issue a 
     certificate of reviewability.--The decision of a judge on the 
     Federal Circuit Court of Appeals not to issue a certificate 
     of reviewability or to deny a petition for review, shall be 
     the final decision for the Federal Circuit Court of Appeals 
     and may not be reconsidered, reviewed, or reversed by the 
     such Court through any mechanism or procedure.''.
                                 ______
                                 
  SA 3492. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 subsection 644(c)(3) and insert:
       (3) English and History and Government Requirements.--
     Section 312(a) is amended to read as follows:
       ``(a) No person except as otherwise provided in this title 
     shall hereafter be naturalized as a citizen of the United 
     States upon his own application who cannot demonstrate--''
       ``(1) an understanding of the English language on an eighth 
     grade level, in accordance with regulations prescribed by the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State; and''
       ``(2) a knowledge and understanding of the fundamentals of 
     the history, and of the principles and form of government of 
     the United Staes, as demonstrated by receiving a passing 
     score on a standardized test administered by the Secretary of 
     the Department of Homeland Security of not less than 50 
     randomly selected questions from a database of not less than 
     1000 questions developed by the Secretary.''
                                 ______
                                 
  SA 3493. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 11, strike lines 13 through 20 and insert the 
     following:

     SEC. 105. PORTS OF ENTRY.

       To facilitate the flow of trade, commerce, tourism, and 
     legal immigration, the Secretary shall--
       (1) at locations to be determined by the Secretary, 
     increase by at least 25 percent the number of ports of entry 
     along the southwestern border of the United States;
       (2) increase the ports of entry along the northern 
     international land border as needed; and
       (3) make necessary improvements to the ports of entry in 
     existence on the date of the enactment of this Act.
       On page 13, between lines 5 and 6 insert the following:
       (c) Other Sectors.--
       (1) Reinforced fencing.--The Secretary shall construct not 
     less than 700 additional miles of double- or triple-layered 
     fencing at strategic locations along the southwest border at 
     strategic locations to be determined by the Secretary.
       (2) Priority areas.--In determining strategic locations 
     under paragraph (1), the Secretary shall prioritize, to the 
     maximum extent practicable--
       (A) areas with the highest illegal alien apprehension 
     rates; and
       (B) areas with the highest human and drug trafficking 
     rates, in the determination of the Secretary.
       On page 13, line 6, strike ``(c)'' and insert ``(d)''.
       On page 13, line 11, strike ``(d)'' and insert ``(e)''.
       On page 13, line 18, strike ``(e)'' and insert ``(f)''.
                                 ______
                                 
  SA 3494. Mr. SESSIONS 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 351, strike lines 9 through 12, and insert the 
     following:
       ``(3) Criminal penalty.--Any person who knowingly uses, 
     discloses, or allows to be disclosed information in violation 
     of this subsection shall be fined not more than $1,000.
                                 ______
                                 
  SA 3495. Mr. SESSIONS 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 350, strike line 4 and all that follows 
     through 350, line 21, and insert the following:
       ``(i) Confidentiality of Information.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, no Federal agency or bureau, nor any officer, 
     employee, or agent of such agency or bureau, may use the 
     information filed by the applicant under this section for any 
     purpose other than the enforcement and administration of the 
     immigration laws.
       ``(2) Required disclosures.--The Secretary of Homeland 
     Security shall provide the information furnished pursuant to 
     an application filed under this section, and any other 
     information derived from such furnished information, to a 
     duly recognized law enforcement entity in connection with a 
     criminal investigation or prosecution or a national security 
     investigation or prosecution, in each instance about an 
     individual suspect or group of suspects, when such 
     information is requested in writing by such entity.
       ``(3) Criminal penalty.--Any person who knowingly uses, 
     discloses, or allows to be disclosed information in violation 
     of this subsection shall be fined not more than $1,000.
                                 ______
                                 
  SA 3496. Mr. SESSIONS 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. ___. ELIGIBILITY FOR CERTAIN FEDERAL PUBLIC BENEFITS.

       No alien granted legal status under this Act or an 
     amendment made by this Act shall be granted any public 
     benefit as a result of the changed status of the alien, 
     including any cash or non-cash assistance, postsecondary 
     educational assistance, housing assistance, daycare 
     assistance, food stamps, Medicaid, or other individual public 
     assistance, whether or not receipt of the public assistance 
     would be sufficient for the person to be considered a public 
     charge under section 212(a)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(4)).
                                 ______
                                 
  SA 3497. Mr. SESSIONS 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 350, strike line 5 and all that follows 
     through 350, line 21, and insert the following:

[[Page 5633]]

       ``(1) In general.--Except as otherwise provided in this 
     subsection, no Federal agency or bureau, nor any officer, 
     employee, or agent of such agency or bureau, may use the 
     information filed by the applicant under this section for any 
     purpose other than the enforcement and administration of the 
     immigration laws.
                                 ______
                                 
  SA 3498. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 241, strike lines 13 and 14 and insert the 
     following:
       ``(A) paragraphs (5) and (7) of section 212(a) may be 
     waived for
                                 ______
                                 
  SA 3499. Mr. SESSIONS 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 355, strike lines 7 through line 14, and insert the 
     following:
       ``(2) Delayed eligibility for certain federal public 
     benefits.--An alien in status under this Title shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)).''
                                 ______
                                 
  SA 3500. Mr. SESSIONS 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 355, strike lines 7 through line 14, and insert the 
     following:
       ``(2) Delayed eligibility for certain federal public 
     benefits.--An alien in status under this Title shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)), for the first 5 years after 
     status under this Title is attained.''
                                 ______
                                 
  SA 3501. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3424 proposed by Mr. Frist 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. __. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

       (a) Short Title.--This section may be cited as the 
     ``Initial Entry, Adjustment, and Citizenship Assistance Grant 
     Act of 2006''.
       (b) Purpose.--The purpose of this section is to establish a 
     grant program within the Bureau of Citizenship and 
     Immigration Services that provides funding to community-based 
     organizations, including community-based legal service 
     organizations, as appropriate, to develop and implement 
     programs to assist eligible applicants for the conditional 
     nonimmigrant worker program established under this Act by 
     providing them with the services described in subsection 
     (d)(2).
       (c) Definitions.--In this section:
       (1) Community-based organization.--The term ``community-
     based organization'' means a nonprofit, tax-exempt 
     organization, including a faith-based organization, whose 
     staff has experience and expertise in meeting the legal, 
     social, educational, cultural educational, or cultural needs 
     of immigrants, refugees, persons granted asylum, or persons 
     applying for such statuses.
       (2) IEACA grant.--The term ``IEACA grant'' means an Initial 
     Entry, Adjustment, and Citizenship Assistance Grant 
     authorized under subsection (d).
       (d) Establishment of Initial Entry, Adjustment, and 
     Citizenship Assistance Grant Program.--
       (1) Grants authorized.--The Secretary, working through the 
     Director of the Bureau of Citizenship and Immigration 
     Services, may award IEACA grants to community-based 
     organizations.
       (2) Use of funds.--Grants awarded under this section may be 
     used for the design and implementation of programs to provide 
     the following services:
       (A) Initial application.--Assistance and instruction, 
     including legal assistance, to aliens making initial 
     application for treatment under the program established by 
     section 218D of the Immigration and Nationality Act, as added 
     by section 601. Such assistance may include assisting 
     applicants in--
       (i) screening to assess prospective applicants' potential 
     eligibility or lack of eligibility;
       (ii) filling out applications;
       (iii) gathering proof of identification, employment, 
     residence, and tax payment;
       (iv) gathering proof of relationships of eligible family 
     members;
       (v) applying for any waivers for which applicants and 
     qualifying family members may be eligible; and
       (vi) any other assistance that the Secretary or grantee 
     considers useful to aliens who are interested in filing 
     applications for treatment under such section 218D.
       (B) Adjustment of status.--Assistance and instruction, 
     including legal assistance, to aliens seeking to adjust their 
     status in accordance with section 245 or 245B of the 
     Immigration and Nationality Act.
       (C) Citizenship.--Assistance and instruction to applicants 
     on--
       (i) the rights and responsibilities of United States 
     Citizenship;
       (ii) English as a second language;
       (iii) civics; or
       (iv) applying for United States citizenship.
       (3) Duration and renewal.--
       (A) Duration.--Each grant awarded under this section shall 
     be awarded for a period of not more than 3 years.
       (B) Renewal.--The Secretary may renew any grant awarded 
     under this section in 1-year increments.
       (4) Application for grants.--Each entity desiring an IEACA 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require.
       (5) Eligible organizations.--A community-based organization 
     applying for a grant under this section to provide services 
     described in subparagraph (A), (B), or (C)(iv) of paragraph 
     (2) may not receive such a grant unless the organization is--
       (A) recognized by the Board of Immigration Appeals under 
     section 292.2 of title 8, Code of Federal Regulations; or
       (B) otherwise directed by an attorney.
       (6) Selection of grantees.--Grants awarded under this 
     section shall be awarded on a competitive basis.
       (7) Geographic distribution of grants.--The Secretary shall 
     approve applications under this section in a manner that 
     ensures, to greatest extent practicable, that--
       (A) not less than 50 percent of the funding for grants 
     under this section are awarded to programs located in the 10 
     States with the highest percentage of foreign-born residents; 
     and
       (B) not less than 20 percent of the funding for grants 
     under this section are awarded to programs located in States 
     that are not described in subparagraph (A).
       (8) Ethnic diversity.--The Secretary shall ensure that 
     community-based organizations receiving grants under this 
     section provide services to an ethnically diverse population, 
     to the greatest extent possible.
       (e) Liaison Between USCIS and Grantees.--The Secretary 
     shall establish a liaison between the Bureau of Citizenship 
     and Immigration Services and the community of providers of 
     services under this section to assure quality control, 
     efficiency, and greater client willingness to come forward.
       (f) Reports to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, and each subsequent July 
     1, the Secretary shall submit a report to Congress that 
     includes information regarding--
       (1) the status of the implementation of this section;
       (2) the grants issued pursuant to this section; and
       (3) the results of those grants.
       (g) Source of Grant Funds.--
       (1) Application fees.--The Secretary may use funds made 
     available under sections 218A(l)(2) and 218D(f)(4)(B) of the 
     Immigration and Nationality Act, as added by this Act, to 
     carry out this section.
       (2) Authorization of appropriations.--
       (A) Amounts authorized.--In addition to the amounts made 
     available under paragraph (1), there are authorized to be 
     appropriated such additional sums as may be necessary for 
     each of the fiscal years 2007 through 2011 to carry out this 
     section.
       (B) Availability.--Any amounts appropriated pursuant to 
     subparagraph (A) shall remain available until expended.
       (h) Distribution of Fees and Fines.--
       (1) H-2c visa fees.--Notwithstanding section 218A(l) of the 
     Immigration and Nationality Act, as added by section 403, 2 
     percent of the fees collected under section 218A of such Act 
     shall be made available for grants under the Initial Entry, 
     Adjustment, and Citizenship Assistance Grant Program 
     established under this section.
       (2) Conditional nonimmigrant visa fees and fines.--
     Notwithstanding section 218D(f)(4) of the Immigration and 
     Nationality Act, as added by section 601, 2 percent of the 
     fees and fines collected under section 218D of such Act shall 
     be made available for grants under the Initial Entry, 
     Adjustment, and Citizenship Assistance Grant Program 
     established under this section.
                                 ______
                                 
  SA 3502. Mr. THUNE 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:


[[Page 5634]]

       (13) Agreement to collect percentage of wages to offset 
     cost of emergency health services furnished to uninsured h-2c 
     nonimmigrants.--The employer shall collect an amount equal to 
     1.45 percent of the wages paid by the employer to any H-2C 
     nonimmigrant and shall transmit such amount to the Secretary 
     of the Treasury for deposit into the H-2C Nonimmigrant Health 
     Services Trust Fund established under section 404(c) of the 
     Comprehensive Immigration Reform Act of 2006 at such time and 
     in such manner as the Secretary of the Treasury shall 
     determine.
       On page 266, after line 22, add the following:
       (c) H-2C Nonimmigrant Health Services Trust Fund.--
       (1) Creation of trust fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     ``H-2C Nonimmigrant Health Services Trust Fund'', consisting 
     of such amounts as may be appropriated or credited to such 
     Trust Fund as provided in this subsection or under rules 
     similar to the rules of section 9602 of the Internal Revenue 
     Code of 1986.
       (2) Transfers to trust fund.--There are hereby appropriated 
     to the H-2C Nonimmigrant Health Services Trust Fund amounts 
     equivalent to the amounts received by the Secretary of the 
     Treasury as a result of the provisions of section 218B(b)(13) 
     of the Immigration and Nationality Act.
       (3) Expenditures from trust fund.--Amounts in the H-2C 
     Nonimmigrant Health Services Trust Fund shall be available 
     only for making payments by the Secretary of Health and Human 
     Services out of the State allotments established in 
     accordance with paragraph (4) directly to eligible providers 
     for the provision of eligible services to H-2C nonimmigrants 
     to the extent that the eligible provider was not otherwise 
     reimbursed (through insurance or otherwise) for such 
     services, as determined by such Secretary. Such payments 
     shall be made under rules similar to the rules for making 
     payments to eligible providers under section 1011 of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (42 U.S.C. 1395dd).
       (4) State allotments.--Not later than January 1 of each 
     year, the Secretary of Health and Human Services shall 
     establish an allotment for each State equal to the product 
     of--
       (A) the total amount the Secretary of the Treasury notifies 
     the Secretary of Health and Human Services was appropriated 
     or credited to the H-2C Nonimmigrant Health Services Trust 
     Fund during the preceding year; and
       (B) the number of H-2C nonimmigrants employed in the State 
     during such preceding year (as determined by the Secretary of 
     Labor).
       (5) Definitions.--In this subsection:
       (A) Eligible provider; eligible services.--The terms 
     ``eligible provider'' and ``eligible services'' have the 
     meanings given those terms in section 1011(e) of the Medicare 
     Prescription Drug, Improvement, and Modernization Act of 2003 
     (42 U.S.C. 1395dd).
       (B) H-2C nonimmigrant.--The term ``H-2C nonimmigrant'' has 
     the meaning given that term in section 218A(n)(7) of the 
     Immigration and Nationality Act.
                                 ______
                                 
  SA 3503. Mr. BROWNBACK 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 303, strike line 7 and all that follows 
     through page 304, line 5, and insert the following:
       ``(A)(i) for each of fiscal years 2007 through 2016, 
     450,000; or
       ``(ii) for fiscal year 2017 and each subsequent fiscal 
     year, 290,000; and
       ``(B) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year.
       ``(2) Recapture of unused employment-based immigrant visas 
     for fiscal years 2001 through 2005.--
       ``(A) In general.--Beginning in fiscal year 2006, the 
     number of employment-based visas made available for 
     immigrants described in paragraph (1), (2), or (3) of section 
     203(b) during any fiscal year, as calculated under paragraph 
     (1), shall be increased by the number described in 
     subparagraph (B).
       ``(B) Additional number.--
       ``(i) In general.--Subject to clause (ii), the number 
     referred to in subparagraph (A) shall be equal to the sum 
     of--

       ``(I) the difference between--

       ``(aa) the number of employment-based visas made available 
     during the period of fiscal years 2001 through 2005; and
       ``(bb) the number of employment-based visas actually used 
     during that period; and

       ``(II) the number of immigrant visas issued after September 
     30, 2004, to spouses and children of employment-based 
     immigrants that were counted for purposes of paragraph 
     (1)(B).

       ``(ii) Reduction.--For fiscal year 2007 and each fiscal 
     year thereafter, the number described in clause (i) shall be 
     reduced by the number of employment-based visas actually used 
     under subparagraph (A) during the preceding fiscal year.''.
       On page 304, strike lines 6 through 15 and insert the 
     following:

     SEC. 502. COUNTRY LIMITS.

       Section 202(a) (8 U.S.C. 1152(a)) is amended by striking 
     ``7 percent (in the case of a single foreign state) or 2 
     percent'' and inserting ``10 percent (in the case of a single 
     foreign state) or 5 percent''.
       On page 329, strike lines 1 through 4 and insert the 
     following:
       ``(3) Limitation.--An application for adjustment of status 
     filed under this section may not be approved until an 
     immigrant visa number becomes available.
       ``(4) Filing in cases of unavailable visa numbers.--Subject 
     to the limitation described in paragraph (3), if a 
     supplemental petition fee is paid for a petition under 
     subparagraph (E) or (F) of section 204(a)(1), an application 
     under paragraph (1) on behalf of an alien that is a 
     beneficiary of the petition (including a spouse or child who 
     is accompanying or following to join the beneficiary) may be 
     filed without regard to the requirement under paragraph 
     (1)(D).
       ``(5) Pending applications.--Subject to the limitation 
     described in paragraph (3), if a petition under subparagraph 
     (E) or (F) of section 204(a)(1) is pending or approved as of 
     the date of enactment of this paragraph, on payment of the 
     supplemental petition fee under that section, the alien that 
     is the beneficiary of the petition may submit an application 
     for adjustment of status under this subsection without regard 
     to the requirement under paragraph (1)(D).
       ``(6) Employment authorizations and advanced parole travel 
     documentation.--The Attorney General shall--
       ``(A) provide to any immigrant who has submitted an 
     application for adjustment of status under this subsection 
     not less than 3 increments, the duration of each of which 
     shall be not less than 3 years, for any applicable employment 
     authorization or advanced parole travel document of the 
     immigrant; and
       ``(B) adjust each applicable fee payment schedule in 
     accordance with the increments provided under subparagraph 
     (A) so that 1 fee for each authorization or document is 
     required for each 3-year increment.''.
       Beginning on page 329, strike line 23 and all that follows 
     through page 330, line 4, and insert the following:
       ``(G) Aliens who have earned an advanced degree in science, 
     technology, engineering, or math and are employed in a 
     related field.
       On page 333, after line 5, insert the following:
       (e) Temporary Worker Visa Duration.--Section 106 of the 
     American Competitiveness in the Twenty-First Century Act of 
     2000 (Public Law 106-313; 114 Stat. 1254) is amended by 
     striking subsection (b) and inserting the following:
       ``(b) Extension of H-1B Worker Status.--The Attorney 
     General shall--
       ``(1) extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in not less than 3 increments, 
     the duration of each of which shall be not less than 3 years, 
     until such time as a final decision is made with respect to 
     the lawful permanent residence of the alien; and
       ``(2) adjust each applicable fee payment schedule in 
     accordance with the increments provided under paragraph (1) 
     so that 1 fee is required for each 3-year increment.''.
                                 ______
                                 
  SA 3504. Mr. KENNEDY 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 ``(other than subparagraph 
     (C)(i)(II) of such paragraph (9))'' after ``212(a)''.
       At the appropriate place, insert the following:

     this paragraph to waive the provisions of section 212(a).
     ``(3) Ineligibility.--An alien is ineligible for conditional 
     nonimmigrant work authorization and status under this section 
     if--
       ``(A) the Secretary of Homeland Security determines that--
       ``(i) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(ii) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(iii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(B) the alien has been convicted of any felony or three 
     or more misdemeanors; or
                                 ______
                                 
  SA 3505. Mr. REID 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 purpose; which was 
ordered to lie on the table; as follows:


[[Page 5635]]

       At the appropriate place, insert the following:

     SEC. __. BORDER SECURITY CERTIFICATION.

       (a) In General.--Notwithstanding any other provision of 
     law, subject to subsection (b), beginning on the date of 
     enactment of this Act, the Secretary may not implement a new 
     conditional nonimmigrant work authorization program that 
     grants legal status to any individual who illegally enters or 
     entered the United States, or any similar or subsequent 
     employment program that grants legal status to any individual 
     who illegally enters or entered the United States, until the 
     Secretary provides written certification to the President and 
     Congress that the borders of the United States are reasonably 
     sealed and secured.
       (b) Waiver and Implementation.--The President may waive the 
     certification requirement under subsection (a) and direct the 
     Secretary to implement a new conditional nonimmigrant work 
     authorization program or any similar or subsequent program 
     described in that subsection, if the President determines 
     that implementation of the program would strengthen the 
     national security of the United States.
                                 ______
                                 
  SA 3506. Mr. REID (for himself and Mr. Leahy) 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 purpose; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       ``(6) Criminal and related grounds.--An alien is ineligible 
     for conditional nonimmigrant work authorization and status 
     under this section under any of the following circumstances:
       ``(A) Conviction of certain crimes.--
       ``(i) In general.--Except as provided in clause (ii), the 
     alien was convicted of, admits having committed, or admits 
     having committed acts which constitute the essential elements 
     of--

       ``(I) a crime involving moral turpitude (other than a 
     purely political offense) or an attempt or conspiracy to 
     commit such a crime, or
       ``(II) a violation of (or a conspiracy or attempt to 
     violate) any law or regulation of a State, the United States, 
     or a foreign country relating to a controlled substance (as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)).

       ``(ii) Exception.--Clause (i)(I) shall not apply to an 
     alien who committed only 1 crime if--

       ``(I) the crime was committed before the alien reached 18 
     years of age and the alien was released from any confinement 
     to a prison or correctional institution imposed for the crime 
     more than 5 years before the date of application for a visa 
     or other documentation and the date of application for 
     admission to the United States; or
       ``(II) the maximum allowable penalty for the crime for 
     which the alien was convicted, admits having committed, or 
     admits having committed the acts constituting the essential 
     elements of, is not longer than imprisonment for 1 year and, 
     if the alien was convicted of such crime, the alien was not 
     sentenced to a term of imprisonment longer than 6 months 
     (regardless of the extent to which the sentence was 
     ultimately executed).

       ``(B) Multiple criminal convictions.--The alien has been 
     convicted of 2 or more offenses (other than purely political 
     offenses) for which the aggregate sentences to confinement 
     were 5 years or more, regardless of whether--
       ``(i) the conviction was in a single trial;
       ``(ii) the offenses arose from a single scheme of 
     misconduct; or
       ``(iii) the offenses involved moral turpitude, .
       ``(C) Controlled substance traffickers.--The consular 
     officer or the Attorney General knows, or has reason to 
     believe, that the alien--
       ``(i) is or has been--

       ``(I) an illicit trafficker in any controlled substance or 
     in any listed chemical (as defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)); or
       ``(II) a knowing aider, abettor, assister, conspirator, or 
     colluder with others in the illicit trafficking in any such 
     controlled or listed substance or chemical, or endeavored to 
     do so; or

       ``(ii) is the spouse, son, or daughter of an alien 
     ineligible under clause (i), and has--

       ``(I) during the previous 5 years, obtained any financial 
     or other benefit from the illicit activity of that alien; and
       ``(II) knew or reasonably should have known that the 
     financial or other benefit was the product of such illicit 
     activity.

       ``(D) Certain aliens involved in serious criminal activity 
     who have asserted immunity from prosecution.--The alien--
       ``(i) has committed a serious criminal offense (as defined 
     in section 101(h)) in the United States;
       ``(ii) exercised immunity from criminal jurisdiction with 
     respect to that offense;
       ``(iii) as a consequence of the offense and exercise of 
     immunity, has departed from the United States; and
       ``(iv) has not subsequently submitted fully to the 
     jurisdiction of the court in the United States having 
     jurisdiction with respect to that offense.
       ``(E) Foreign government officials who have committed 
     particularly severe violations of religious freedom.--The 
     alien, while serving as a foreign government official, was 
     responsible for, or directly carried out, at any time, 
     particularly severe violations of religious freedom (as 
     defined in section 3 of the International Religious Freedom 
     Act of 1998 (22 U.S.C. 6402)).
       ``(F) Significant traffickers in persons.--
       ``(i) In general.--The alien is listed in a report 
     submitted under section 111(b) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7108(b)) or the consular 
     officer or the Attorney General knows or has reason to 
     believe that the alien is, or has been, a knowing aider, 
     abettor, assister, conspirator, or colluder with such a 
     trafficker in severe forms of trafficking in persons (as 
     defined in the section 103 of such Act (22 U.S.C. 7102)).
       ``(ii) Beneficiaries of trafficking.--Except as provided in 
     clause (iii), the consular officer or the Attorney General 
     knows or has reason to believe that the alien is the spouse, 
     son, or daughter of an alien ineligible under clause (i), and 
     the alien--

       ``(I) within the previous 5 years, has obtained any 
     financial or other benefit from the illicit activity of that 
     alien; and
       ``(II) knew or reasonably should have known that the 
     financial or other benefit was the product of such illicit 
     activity.

       ``(iii) Exception for certain sons and daughters.--Clause 
     (ii) shall not apply to a son or daughter who was a child at 
     the time he or she received the benefit described in such 
     clause.
       ``(G) Money laundering.--A consular officer or the Attorney 
     General knows, or has reason to believe, that the alien--
       ``(i) has engaged, is engaging, or seeks to enter the 
     United States to engage, in an offense described in section 
     1956 or 1957 of title 18, United States Code (relating to 
     laundering of monetary instruments); or
       ``(ii) is, or has been, a knowing aider, abettor, assister, 
     conspirator, or colluder with others in an offense referred 
     to in clause (i).
       ``(H) Criminal convictions.--The alien has been convicted 
     of any felony or at least 3 misdemeanors.
                                 ______
                                 
  SA 3507. Mr. REID (for himself and Mr. Leahy) 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 purpose; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       ``(6) Criminal and related grounds.--An alien is ineligible 
     for conditional nonimmigrant work authorization and status 
     under this section under any of the following circumstances:
       ``(A) Conviction of certain crimes.--
       ``(i) In general.--Except as provided in clause (ii), the 
     alien was convicted of, admits having committed, or admits 
     having committed acts which constitute the essential elements 
     of--

       ``(I) a crime involving moral turpitude (other than a 
     purely political offense) or an attempt or conspiracy to 
     commit such a crime, or
       ``(II) a violation of (or a conspiracy or attempt to 
     violate) any law or regulation of a State, the United States, 
     or a foreign country relating to a controlled substance (as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)).

       ``(ii) Exception.--Clause (i)(I) shall not apply to an 
     alien who committed only 1 crime if--

       ``(I) the crime was committed before the alien reached 18 
     years of age and the alien was released from any confinement 
     to a prison or correctional institution imposed for the crime 
     more than 5 years before the date of application for a visa 
     or other documentation and the date of application for 
     admission to the United States; or
       ``(II) the maximum allowable penalty for the crime for 
     which the alien was convicted, admits having committed, or 
     admits having committed the acts constituting the essential 
     elements of, is not longer than imprisonment for 1 year and, 
     if the alien was convicted of such crime, the alien was not 
     sentenced to a term of imprisonment longer than 6 months 
     (regardless of the extent to which the sentence was 
     ultimately executed).

       ``(B) Multiple criminal convictions.--The alien has been 
     convicted of 2 or more offenses (other than purely political 
     offenses) for which the aggregate sentences to confinement 
     were 5 years or more, regardless of whether--
       ``(i) the conviction was in a single trial;
       ``(ii) the offenses arose from a single scheme of 
     misconduct; or
       ``(iii) the offenses involved moral turpitude, .
       ``(C) Controlled substance traffickers.--The consular 
     officer or the Attorney General knows, or has reason to 
     believe, that the alien--

[[Page 5636]]

       ``(i) is or has been--

       ``(I) an illicit trafficker in any controlled substance or 
     in any listed chemical (as defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)); or
       ``(II) a knowing aider, abettor, assister, conspirator, or 
     colluder with others in the illicit trafficking in any such 
     controlled or listed substance or chemical, or endeavored to 
     do so; or

       ``(ii) is the spouse, son, or daughter of an alien 
     ineligible under clause (i), and has--

       ``(I) during the previous 5 years, obtained any financial 
     or other benefit from the illicit activity of that alien; and
       ``(II) knew or reasonably should have known that the 
     financial or other benefit was the product of such illicit 
     activity.

       ``(D) Certain aliens involved in serious criminal activity 
     who have asserted immunity from prosecution.--The alien--
       ``(i) has committed a serious criminal offense (as defined 
     in section 101(h)) in the United States;
       ``(ii) exercised immunity from criminal jurisdiction with 
     respect to that offense;
       ``(iii) as a consequence of the offense and exercise of 
     immunity, has departed from the United States; and
       ``(iv) has not subsequently submitted fully to the 
     jurisdiction of the court in the United States having 
     jurisdiction with respect to that offense.
       ``(E) Foreign government officials who have committed 
     particularly severe violations of religious freedom.--The 
     alien, while serving as a foreign government official, was 
     responsible for, or directly carried out, at any time, 
     particularly severe violations of religious freedom (as 
     defined in section 3 of the International Religious Freedom 
     Act of 1998 (22 U.S.C. 6402)).
       ``(F) Significant traffickers in persons.--
       ``(i) In general.--The alien is listed in a report 
     submitted under section 111(b) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7108(b)) or the consular 
     officer or the Attorney General knows or has reason to 
     believe that the alien is, or has been, a knowing aider, 
     abettor, assister, conspirator, or colluder with such a 
     trafficker in severe forms of trafficking in persons (as 
     defined in the section 103 of such Act (22 U.S.C. 7102)).
       ``(ii) Beneficiaries of trafficking.--Except as provided in 
     clause (iii), the consular officer or the Attorney General 
     knows or has reason to believe that the alien is the spouse, 
     son, or daughter of an alien ineligible under clause (i), and 
     the alien--

       ``(I) within the previous 5 years, has obtained any 
     financial or other benefit from the illicit activity of that 
     alien; and
       ``(II) knew or reasonably should have known that the 
     financial or other benefit was the product of such illicit 
     activity.

       ``(iii) Exception for certain sons and daughters.--Clause 
     (ii) shall not apply to a son or daughter who was a child at 
     the time he or she received the benefit described in such 
     clause.
       ``(G) Money laundering.--A consular officer or the Attorney 
     General knows, or has reason to believe, that the alien--
       ``(i) has engaged, is engaging, or seeks to enter the 
     United States to engage, in an offense described in section 
     1956 or 1957 of title 18, United States Code (relating to 
     laundering of monetary instruments); or
       ``(ii) is, or has been, a knowing aider, abettor, assister, 
     conspirator, or colluder with others in an offense referred 
     to in clause (i).
                                 ______
                                 
  SA 3508. 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 purpose; which 
was ordered to lie on the table; as follows:

       On page 351, lines 7 and 8, strike ``, when such 
     information is requested in writing by such entity''.
                                 ______
                                 
  SA 3509. 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 purpose; which 
was ordered to lie on the table; as follows:

       On page 351, strike lines 9 through 12.
                                 ______
                                 
  SA 3510. 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 purpose; which 
was ordered to lie on the table; as follows:

       On page 351, beginning on line 7, strike ``, when such'' 
     and all that follows through line 12, and insert a period.
                                 ______
                                 
  SA 3511. 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 350, strike line 4 and all that follows through 
     ``(f)'' on page 351, line 13, and insert ``(e)''.
                                 ______
                                 
  SA 3512. 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 339, strike lines 7 through 22, and insert the 
     following:
       ``(E) Payment of income taxes.--
       ``(i) 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.

       ``(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 by 
     subparagraph (D)(i) 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 3513. 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 399, 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 3514. 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 341, line 16, strike ``90'' and insert ``180''.
                                 ______
                                 
  SA 3515. 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 340, strike ``alien--'' and all that follows 
     through line 15, and insert the following ``alien meets the 
     requirements of section 312.''.
                                 ______
                                 
  SA 3516. 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 332, line 7, strike the semicolon at the end and 
     all that follows through line 24 and insert a period.
                                 ______
                                 
  SA 3517. 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:

[[Page 5637]]



     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 3518. 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 3519. 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 3520. 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 283, line 21, strike ``visa--'' and all that 
     follows through line 25, and insert ``visa by the alien's 
     employer.''.
                                 ______
                                 
  SA 3521. 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 358, strike ``$2,000'' in line 17 and insert 
     ``$5,000''.
                                 ______
                                 
  SA 3522. 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 359, strike ``be eligible to'' in line 19.
                                 ______
                                 
  SA 3523. 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 362, strike lines 20-22
                                 ______
                                 
  SA 3524. 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 364, strike ``may'' in line 21 and ``be'' in line 
     22, and insert ``shall''.
                                 ______
                                 
  SA 3525. 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 373, strike ``$2,000'' in line 19 and insert 
     ``$5,000''.
       On page 373, strike ``$3,000'' in line 22 and insert 
     ``$10,000''.
                                 ______
                                 
  SA 3526. 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 9, strike lines 2 through 20 and insert the 
     following:
       (a) Acquisition.--Subject to the availability of 
     appropriations, the Secretary shall procure additional 
     unmanned aerial vehicles, autonomous unmanned ground 
     vehicles, cameras, poles, sensors, and other technologies 
     necessary to achieve operational

[[Page 5638]]

     control of the international borders of the United States and 
     to establish a security perimeter known as a ``virtual 
     fence'' along such international borders to provide a barrier 
     to illegal immigration.
       (b) Increased Availability of Equipment.--The Secretary and 
     the Secretary of Defense shall develop and implement a plan 
     to use authorities provided to the Secretary of Defense under 
     chapter 18 of title 10, United States Code, to increase the 
     availability and use of Department of Defense equipment, 
     including unmanned aerial vehicles, autonomous unmanned 
     ground vehicles, tethered aerostat radars, and other 
     surveillance equipment, to assist the Secretary in carrying 
     out surveillance activities conducted at or near the 
     international land borders of the United States to prevent 
     illegal immigration.
                                 ______
                                 
  SA 3527. Mr. CHAMBLISS 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 390, strike line 15 and all that follows 
     through page 394, line 17.
                                 ______
                                 
  SA 3528. Mr. THOMAS (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:

       At the appropriate place, insert the following:

     SEC. ___. BORDER SECURITY ON CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Protected land.--The term ``protected land'' means land 
     under the jurisdiction of the Secretary concerned.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--
       (1) In general.--To gain operational control over the 
     international land borders of the United States and to 
     prevent the entry of terrorists, unlawful aliens, narcotics, 
     and other contraband into the United States, the Secretary, 
     in cooperation with the Secretary concerned, shall provide--
       (A) increased Customs and Border Protection personnel to 
     secure protected land along the international land borders of 
     the United States;
       (B) Federal land resource training for Customs and Border 
     Protection agents dedicated to protected land; and
       (C) Unmanned Aerial Vehicles, aerial assets, Remote Video 
     Surveillance camera systems, and sensors on protected land 
     that is directly adjacent to the international land border of 
     the United States, 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 concerned to 
     ensure that the training is appropriate to the mission of the 
     National Park Service, the Forest Service, or the relevant 
     agency of the Department of the Interior or the Department of 
     Agriculture to minimize the adverse impact on natural and 
     cultural resources from border protection activities.
       (c) Inventory of Costs and Activities.--The Secretary 
     concerned shall develop and submit to the Secretary an 
     inventory of costs incurred by the Secretary concerned 
     relating to illegal border activity, including the cost of 
     equipment, training, recurring maintenance, construction of 
     facilities, restoration of natural and cultural resources, 
     recapitalization of facilities, and operations.
       (d) Recommendations.--The Secretary shall--
       (1) develop joint recommendations with the National Park 
     Service and the Forest Service for an appropriate cost 
     recovery mechanism relating to items identified in subsection 
     (c); 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).
       (e) Border Protection Strategy.--The Secretary, the 
     Secretary of the Interior, and the Secretary of Agriculture 
     shall jointly develop a border protection strategy that 
     supports the border security needs of the United States in 
     the manner that best protects--
       (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 or the Department of Agriculture.
                                 ______
                                 
  SA 3529. Mr. CHAMBLISS 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 389, line 18, strike ``100'' and insert ``$1000''.
                                 ______
                                 
  SA 3530. Mr. CHAMBLISS 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 388, lines 8 and 9, strike ``3 or more 
     misdemeanors'' and insert ``misdemeanor''.
                                 ______
                                 
  SA 3531. Mr. CHAMBLISS 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 386, line 11, strike ``863 hours or''.
                                 ______
                                 
  SA 3532. Mr. CHAMBLISS 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 397, line 19, strike ``$400'' and insert ``$1000''.
                                 ______
                                 
  SA 3533. Mr. CHAMBLISS 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 385, line 22, strike ``1'' and insert ``8''.
                                 ______
                                 
  SA 3534. Mr. CHAMBLISS 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 409, strike line 13 and all that follows through 
     line 19 on page 409.
                                 ______
                                 
  SA 3535. Mr. CHAMBLISS 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 426, strike line 6 and all that follows through 
     line 23 on page 427.
                                 ______
                                 
  SA 3536. Mr. CHAMBLISS (for himself, Mr. Isakson, and Mr. Brownback) 
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 439, strike line 24 and all that follows 
     through line 19 on page 442, and insert the following:
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the applicable State minimum 
     wage.''.
                                 ______
                                 
  SA 3537. Mr. CHAMBLISS 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 395, strike line 10 and all that follows 
     through page 416, line 11 and insert the following:
       (c) Period of Authorized Admission.--
       (1) In general.--An alien may be granted blue card status 
     for a period not to exceed 2 years.
       (2) Return to country.--At the end of the period described 
     in paragraph (1), the alien shall return to the country of 
     nationality or last residence of the alien.
       (3) Eligibility for nonimmigrant visa.--Upon return to the 
     country of nationality or last residence of the alien under 
     paragraph (2), the alien may apply for any nonimmigrant visa.
       (d) Loss of Employment.--
       (1) In general.--The blue card status of an alien shall 
     terminate if the alien is not employed for at least 60 
     consecutive days.

[[Page 5639]]

       (2) Return to country.--An alien whose period of authorized 
     admission terminates under paragraph (1) shall return to the 
     country of nationality or last residence of the alien.
       (e) Prohibition of Change or Adjustment of Status.--
       (1) In general.--An alien with blue card status shall not 
     be eligible to change or adjust status in the United States.
       (2) Loss of eligibility.--An alien with blue card status 
     shall lose the status if the alien--
       (A) files a petition to adjust status to legal permanent 
     residence in the United States; or
       (B) requests a consular processing for an immigrant or 
     nonimmigrant Visa outside the United States.
                                 ______
                                 
  SA 3538. 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 9, line 4, insert ``autonomous unmanned ground 
     vehicles, '' after ``vehicles,''.
       On page 9, line 16, insert ``autonomous unmanned ground 
     vehicles, '' after ``vehicles,''.
                                 ______
                                 
  SA 3539. Mr. KENNEDY 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 of title III, insert the following:

     SEC. 305. EMPLOYEE IDENTITY THEFT PREVENTION AND PRIVACY 
                   PROTECTION.

       (a) Findings.--
       (1) According to the Federal Trade Commission, more than 
     8,400,000 Americans were victims of identity theft in 2004, 
     and according to published reports approximately 55,000,000 
     Americans' most sensitive, personally identifiable 
     information was accidentally made public through a data 
     breach during 2005.
       (2) Approximately 54,000,000 times each year, someone in 
     America begins a new job and full implementation of the 
     System will require transfer of data to verify the identity 
     and authorization of each potential new employee.
       (3) The data transferred through the System or stored in 
     the databases utilized to verify identity and authorization 
     will contain each employee's most sensitive, personally 
     identifiable information.
       (4) The information transferred and stored will be of 
     uniquely high value to any potential identity thief, nonwork 
     authorized undocumented alien, alien smuggler, or terrorist 
     seeking to establish work authorization under another's name.
       (5) The System should not be implemented or expanded unless 
     it sufficiently protects against identity theft and 
     safeguards employees' personal privacy.
       (b) Privacy Protections in the Electronic Employment 
     Verification System.--Section 274A (8 U.S.C. 1324a), as 
     amended by section 301(a), is further amended by adding at 
     the end of subsection (d)(2) the following new subparagraphs:
       ``(H) Limitation on data elements collected for 
     verification process.--Employers utilizing the System shall 
     obtain only the following data elements from any employee:
       ``(i) The employee's full legal name.
       ``(ii) The employee's date of birth.
       ``(iii) The employee's social security account number or 
     other employment authorization status identification number.
       ``(I) Limitation on data elements stored.--The System and 
     any databases created by the Commissioner of Social Security 
     or the Secretary to achieve confirmation, tentative 
     nonconfirmation, or final nonconfirmation of employment 
     eligibility for an individual shall store only the minimum 
     data about each individual for whom an inquiry was made to 
     facilitate the successful operation of the System, but in no 
     case shall the data stored be other than--
       ``(i) the individual's full legal name;
       ``(ii) the individual's date of birth;
       ``(iii) the individual's social security account number or 
     other employment authorization status identification number;
       ``(iv) the address of the employer making the inquiry;
       ``(v) the dates of any prior inquiries concerning the 
     identity and eligibility of the employee by the employer or 
     any other employers and the address of any such employer;
       ``(vi) records of any prior confirmations, tentative 
     nonconfirmations, or final nonconfirmations issued under the 
     System for the individual; and
       ``(vii) in the case of an employee successfully challenging 
     a prior tentative nonconfirmation, explanatory information 
     concerning the successful resolution of any erroneous data or 
     confusion regarding the identity of the employee, including 
     the source of that error.
       ``(J) Limitation of system use or information transfer.--
     Only individuals employed by the Commissioner of Social 
     Security or the Secretary to implement and operate the System 
     shall be permitted access to the System and any information 
     in the databases queried to determine identity and employment 
     authorization. It shall be unlawful for any other person to 
     access the System or such databases or obtain information 
     from the System or database. Information stored in the 
     Systems or such databases may not be transferred to or shared 
     with any Federal, State, or local government officials for 
     any purpose other than preventing unauthorized workers from 
     obtaining employment.
       ``(K) Protection against unlawful interception and data 
     breaches.--The Commissioner of Social Security and the 
     Secretary shall protect against unauthorized disclosure of 
     the information transferred between employers, the 
     Commissioner, and the Secretary and between the Commissioner 
     and the Secretary by requiring that all information 
     transmitted be encrypted.
       ``(L) Robust computer system and software security.--The 
     Commissioner of Social Security and the Secretary shall 
     employ robust, state-of-the-art computer system and software 
     security to prevent hacking of the System or the databases 
     employed.
       ``(M) System security testing.--
       ``(i) Requirement for testing.--The Commissioner of Social 
     Security and the Secretary shall require periodic stress 
     testing of the System to determine if the System contains any 
     vulnerabilities to data loss or theft or improper use of 
     data. Such testing shall occur not less often than prior to 
     each phase-in expansion of the System.
       ``(ii) Requirement to repair vulnerabilities.--Any computer 
     vulnerabilities identified under clause (i) or through any 
     other process shall be resolved prior to initial 
     implementation or any subsequent expansion of the System.
       ``(iii) Requirement to update.--The Secretary shall 
     regularly update the System to ensure that the data 
     protections in the System remains consistent with the state-
     of-the-art for databases of similarly sensitive personally 
     identifiable information.
       ``(N) Prohibition of unlawful accessing and obtaining of 
     information.--
       ``(i) Improper access.--It shall be unlawful for any 
     individual, other than the government employees authorized in 
     this subsection, to intentionally and knowingly access the 
     System or the databases utilized to verify identity or 
     employment authorization for the System for any purpose other 
     than verifying identity or employment authorization or 
     modifying the System pursuant to law or regulation. Any 
     individual who unlawfully accesses the System or the 
     databases or shall be fined no less than $1,000 for each 
     individual whose file was compromised or sentenced to less 
     than 6 months imprisonment for each individual whose file was 
     compromised.
       ``(ii) Identity theft.--It shall be unlawful for any 
     individual, other than the government employees authorized in 
     this subsection, to intentionally and knowingly obtain the 
     information concerning an individual stored in the System or 
     the databases utilized to verify identity or employment 
     authorization for the System for any purpose other than 
     verifying identity or employment authorization or modifying 
     the System pursuant to law or regulation. Any individual who 
     unlawfully obtains such information and uses it to commit 
     identity theft for financial gain or to evade security or to 
     assist another in gaining financially or evading security, 
     shall be fined no less than $10,000 for each individual whose 
     information was obtained and misappropriated sentenced to not 
     less than 1 year of imprisonment for each individual whose 
     information was obtained and misappropriated.
       ``(O) Office of employee privacy.--
       ``(i) Establishment.--The Commissioner of Social Security 
     and the Secretary shall establish a joint Office of Employee 
     Privacy that shall be empowered to protect the rights of 
     employees subject to verification under the System.
       ``(ii) Authority to investigate.--The Office of Employee 
     Privacy shall investigate alleged privacy violations 
     concerning failure of the Commissioner or the Secretary to 
     satisfy the requirements of subparagraphs (H) through (Q) of 
     this paragraph and any data breaches that may occur pursuant 
     to the implementation and operation of the System.
       ``(iii) Authority to issue subpoenas.--The head of the 
     Office of Employee Privacy may issue subpoenas for a document 
     or a person to facilitate an investigation.
       ``(iv) Annual report to congress.--The head of the Office 
     of Employee Privacy shall submit to Congress an annual report 
     concerning the operation of the System.
       ``(v) Annual report on incorrect notices.--The head of the 
     Office of Employee Privacy shall, at least annually, study 
     and issue findings concerning the most common causes of the 
     incorrect issuance of nonconfirmation notices under the 
     System. Such report shall include recommendations for 
     preventing such incorrect notices.
       ``(vi) Availability of reports.--The head of the Office of 
     Employee Privacy shall make available to the public any 
     report issued by the Office concerning findings of an 
     investigation conducted by the Office.
       ``(vii) Requirement for hotline.--The head of the Office of 
     Employee Privacy shall

[[Page 5640]]

     establish a fully staffed 24-hour hotline to receive 
     inquiries by employees concerning tentative nonconfirmations 
     and final nonconfirmations and shall identify for employees, 
     at the time of inquiry, the particularity data that resulted 
     in the issuance of a nonconfirmation notice under the System.
       ``(viii) Certification by gao.--The Secretary may not 
     implement the System or any subsequent expansion or phase-in 
     of the System unless the Comptroller General of the United 
     States certifies that the Office of Employee Privacy has 
     hired sufficient employees to answer employee inquiries and 
     respond in real time concerning the particular data that 
     resulted in the issuance of a nonconfirmation notice.
       ``(ix) Training in privacy protection.--The head of the 
     Office of Employee Privacy shall train any employee of the 
     Social Security Administration or the Department of Homeland 
     Security who implements or operates the System concerning the 
     importance of and means of utilizing best practices for 
     protecting employee privacy while utilizing and operating the 
     System.
       ``(P) Audits of data accuracy.--The Commissioner of Social 
     Security and the Secretary shall randomly audit a substantial 
     percentage of both citizens and work-eligible noncitizens 
     files utilized to verify identity and authorization for the 
     System each year to determine accuracy rates and shall 
     require correction of errors in a timely fashion.
       ``(Q) Employee right to review system information and 
     appeal erroneous nonconfirmations.--Any employee who contests 
     a tentative nonconfirmation notice or final nonconfirmation 
     notice may review and challenge the accuracy of the data 
     elements and information in the System that resulted in the 
     issuance of the nonconfirmation notice. Such a challenge may 
     include the ability to submit additional information or 
     appeal any final nonconfirmation notice to the Office of 
     Employee Privacy. The head of the Office of Employee Privacy 
     shall review any such information submitted pursuant to such 
     a challenge and issue a response and decision concerning the 
     appeal within 7 days of the filing of such a challenge.''.
                                 ______
                                 
  SA 3540. Mr. KENNEDY (for himself and Mr. DeWine) 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 in title V of the amendment, 
     insert the following:

     SEC. 2. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE 
                   HAITIAN AND IMMIGRANT FAIRNESS ACT OF 1998.

       (a) In General.--Section 902(d) of the Haitian Refugee 
     Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
     amended by adding at the end the following:
       ``(3) Determinations with respect to children.--
       ``(A) Use of application filing date.--Determinations made 
     under this subsection as to whether an individual is a child 
     of a parent shall be made using the age and status of the 
     individual on October 21, 1998.
       ``(B) Application submission by parent.--Notwithstanding 
     paragraph (1)(C), an application under this subsection filed 
     based on status as a child may be filed or the benefit of 
     such child by a parent or guardian of the child, if the child 
     is physically present in the United States on such filing 
     date.''.
       (b) New Applications and Motions to reopen.--
       (1) New applications.--Notwithstanding section 902(a)(1)(A) 
     of the Haitian and Immigrant Fairness Act of 1998, an alien 
     who is eligible for adjustment of status under such Act, as 
     amended by subsection (a), may submit an application for 
     adjustment of status under such Act not later than the later 
     of--
       (A) 2 years after the date of the enactment of this Act; 
     and
       (B) 1 year after the date on which final regulations 
     implementing this section are promulgated.
       (2) Motions to reopen.--The Secretary of Homeland Security 
     shall establish procedures for the reopening and 
     reconsideration of applications for adjustment of status 
     under the Haitian Refugee Immigration Fairness Act of 1998 
     that are affected by the amendments under subsection (a).
       (3) Relationship of application to certain orders.--Section 
     902(a)(3) of the Haitian and Immigrant Fairness Act of 1998 
     shall apply to an alien present in the United States who has 
     been ordered excluded, deported, removed, or ordered to 
     depart voluntarily, and who files an application under 
     paragraph (1), or a motion under paragraph (2), in the same 
     manner as such section 902(a)(3) applied to aliens filing 
     applications for adjustment of status under such Act before 
     April 1, 2000.

     SEC. 3. INADMISSIBILITY DETERMINATION.

       Section 902 of the Haitian Refugee Immigration Fairness Act 
     of 1998 (8 U.S.C. 1255 note) is amended in subsections 
     (a)(1)(B) and (d)(1)(D) by inserting ``(6)(C)(i),'' after 
     ``(6)(A).''
                                 ______
                                 
  SA 3541. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigation and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 329, line 11, insert ``(other than subparagraph 
     (C)(i)(II) of such paragraph (9))'' after ``212(a)''.
       On page 330, strike lines 8 through 15, and insert the 
     following: this paragraph to waive the provisions of section 
     212(a).
       ``(3) Ineligibility.--An alien is ineligible for 
     conditional nonimmigrant work authorization and status under 
     this section if--
       ``(A) the Secretary of Homeland Security determines that--
       ``(i) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(ii) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(iii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(B) the alien has been convicted of any felony or three 
     or more misdemeanors; or
                                 ______
                                 
  SA 3542. Mr. THOMAS (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 purpose; 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) Definitions.--In this section:
       (1) Protected land.--The term ``protected land'' means land 
     under the jurisdiction of the Secretary concerned.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--
       (1) In general.--To gain operational control over the 
     international land borders of the United States and to 
     prevent the entry of terrorists, unlawful aliens, narcotics, 
     and other contraband into the United States, the Secretary, 
     in cooperation with the Secretary concerned, shall provide--
       (A) increased Customs and Border Protection personnel to 
     secure protected land along the international land borders of 
     the United States;
       (B) Federal land resource training for Customs and Border 
     Protection agents dedicated to protected land; and
       (C) Unmanned Aerial Vehicles, aerial assets, Remote Video 
     Surveillance camera systems, and sensors on protected land 
     that is directly adjacent to the international land border of 
     the United States, 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 concerned to 
     ensure that the training is appropriate to the mission of the 
     National Park Service, the Forest Service, or the relevant 
     agency of the Department of the Interior or the Department of 
     Agriculture to minimize the adverse impact on natural and 
     cultural resources from border protection activities.
       (c) Inventory of Costs and Activities.--The Secretary 
     concerned shall develop and submit to the Secretary an 
     inventory of costs incurred by the Secretary concerned 
     relating to illegal border activity, including the cost of 
     equipment, training, recurring maintenance, construction of 
     facilities, restoration of natural and cultural resources, 
     recapitalization of facilities, and operations.
       (d) Recommendations.--The Secretary shall--
       (1) develop joint recommendations with the National Park 
     Service and the Forest Service for an appropriate cost 
     recovery mechanism relating to items identified in subsection 
     (c); 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).
       (e) Border Protection Strategy.--The Secretary, the 
     Secretary of the Interior, and the Secretary of Agriculture 
     shall jointly develop a border protection strategy that 
     supports the border security needs of the United States in 
     the manner that best protects--
       (1) units of the National Park System;
       (2) land under the jurisdiction of the United States Fish 
     and Wildlife Service; and

[[Page 5641]]

       (3) other relevant land under the jurisdiction of the 
     Department of the Interior or the Department of Agriculture.
                                 ______
                                 
  SA 3543. 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 1, strike line 3 and all that follows through the 
     end, and insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Comprehensive Immigration Reform 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. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
Sec. 4. Severability.

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

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

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

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North 
              American security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.

             Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure border initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between 
              ports of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting, 
              entry, or clearance requirements.

                Subtitle D--Border Tunnel Prevention Act

Sec. 141. Short title.
Sec. 142. Construction of border tunnel or passage.
Sec. 143. Directive to the United States Sentencing Commission.

                     TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence, 
              removal, and alien smuggling.
Sec. 206. Illegal entry.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration 
              fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United 
              States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of 
              firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration, 
              naturalization, and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Construction.
Sec. 218. State criminal alien assistance program.
Sec. 219. Transportation and processing of illegal aliens apprehended 
              by State and local law enforcement officers.
Sec. 220. Reducing illegal immigration and alien smuggling on tribal 
              lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local enforcement of Federal immigration laws.
Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political 
              subdivisions and transfer to Federal custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of immigration violators in the National Crime 
              Information Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. 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. 234. Determination of immigration status of individuals charged 
              with Federal offenses.

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

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

          TITLE IV--TEMPORARY WORKER PROGRAMS AND VISA REFORM

          Subtitle A--Requirements for Participating Countries

Sec. 401. Requirements for participating countries.

           Subtitle B--Nonimmigrant Temporary Worker Program

Sec. 411. Nonimmigrant temporary worker category.
Sec. 412. Temporary worker program.
Sec. 413. Statutory construction.
Sec. 414. Authorization of appropriations.

      Subtitle C--Mandatory Departure and Reentry in Legal Status

Sec. 421. Mandatory departure and reentry in legal status.
Sec. 422. Statutory construction.
Sec. 423. Authorization of appropriations.

             Subtitle D--Alien Employment Management System

Sec. 431. Alien employment management system.
Sec. 432. Labor investigations.

            Subtitle E--Protection Against Immigration Fraud

Sec. 441. Grants to Support Public Education and Training.

                     Subtitle F--Circular Migration

Sec. 451. Investment accounts.

                     Subtitle G--Backlog Reduction

Sec. 461. Employment based immigrants.
Sec. 462. Country limits.
Sec. 463. Allocation of immigrant visas.

               Subtitle H--Temporary Agricultural Workers

Sec. 471. Sense of the Senate on temporary agricultural workers.

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

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

     SEC. 3. DEFINITIONS.

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

     SEC. 4. 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 invalid for any reason, 
     the remainder of this Act, the amendments made by this Act, 
     and the application of the provisions of such to any other 
     person or circumstance shall not be affected by such holding.

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

     SEC. 101. ENFORCEMENT PERSONNEL.

       (a) Additional Personnel.--
       (1) Port of entry inspectors.--In each of the fiscal years 
     2007 through 2011, the Secretary shall, subject to the 
     availability of appropriations, increase by not less than 500 
     the number of positions for full-time active duty port of 
     entry inspectors and provide appropriate training, equipment, 
     and support to such additional inspectors.
       (2) Investigative personnel.--
       (A) Immigration and customs enforcement investigators.--
     Section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) 
     is amended by striking ``800'' and inserting ``1000''.
       (B) Additional personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004, as amended by subparagraph 
     (A), during each of the fiscal years 2007 through 2011, the 
     Secretary shall, subject to the availability of 
     appropriations, increase by not less than 200 the number of 
     positions for personnel within the Department assigned to 
     investigate alien smuggling.
       (b) Authorization of Appropriations.--

[[Page 5642]]

       (1) Port of entry inspectors.--There are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for each of the fiscal years 2007 through 2011 to carry out 
     paragraph (1) of subsection (a).
       (2) Border patrol agents.--Section 5202 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) 
     is amended to read as follows:

     ``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

       ``(a) Annual Increases.--The Secretary of Homeland Security 
     shall, subject to the availability of appropriations for such 
     purpose, increase the number of positions for full-time 
     active-duty border patrol agents within the Department of 
     Homeland Security (above the number of such positions for 
     which funds were appropriated for the preceding fiscal year), 
     by--
       ``(1) 2,000 in fiscal year 2006;
       ``(2) 2,400 in fiscal year 2007;
       ``(3) 2,400 in fiscal year 2008;
       ``(4) 2,400 in fiscal year 2009;
       ``(5) 2,400 in fiscal year 2010; and
       ``(6) 2,400 in fiscal year 2011;
       ``(b) Northern Border.--In each of the fiscal years 2006 
     through 2011, in addition to the border patrol agents 
     assigned along the northern border of the United States 
     during the previous fiscal year, the Secretary shall assign a 
     number of border patrol agents equal to not less than 20 
     percent of the net increase in border patrol agents during 
     each such fiscal year.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for each of fiscal years 2007 through 2011 to carry out this 
     section.''.

     SEC. 102. TECHNOLOGICAL ASSETS.

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

     SEC. 103. INFRASTRUCTURE.

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

     SEC. 104. BORDER PATROL CHECKPOINTS.

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

     SEC. 105. PORTS OF ENTRY.

       The Secretary is authorized to--
       (1) construct additional ports of entry along the 
     international land borders of the United States, at locations 
     to be determined by the Secretary; and
       (2) make necessary improvements to the ports of entry in 
     existence on the date of the enactment of this Act.

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

       (a) Tucson Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Tucson Sector located proximate to population 
     centers in Douglas, Nogales, Naco, and Lukeville, Arizona 
     with double- or triple-layered fencing running parallel to 
     the international border between the United States and 
     Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas, except 
     that the double- or triple-layered fence shall extend west of 
     Naco, Arizona, for a distance of 10 miles; and
       (3) construct not less than 150 miles of vehicle barriers 
     and all-weather roads in the Tucson Sector running parallel 
     to the international border between the United States and 
     Mexico in areas that are known transit points for illegal 
     cross-border traffic.
       (b) Yuma Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Yuma Sector located proximate to population 
     centers in Yuma, Somerton, and San Luis, Arizona with double- 
     or triple-layered fencing running parallel to the 
     international border between the United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas in the 
     Yuma Sector.
       (3) construct not less than 50 miles of vehicle barriers 
     and all-weather roads in the Yuma Sector running parallel to 
     the international border between the United States and Mexico 
     in areas that are known transit points for illegal cross-
     border traffic.
       (c) Construction Deadline.--The Secretary shall immediately 
     commence construction of the fencing, barriers, and roads 
     described in subsections (a) and (b), and shall complete such 
     construction not later than 2 years after the date of the 
     enactment of this Act.
       (d) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes the progress that has been made in 
     constructing the fencing, barriers, and roads described in 
     subsections (a) and (b).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

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

     SEC. 111. SURVEILLANCE PLAN.

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

     SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

       (a) Requirement for Strategy.--The Secretary, in 
     consultation with the heads of other appropriate Federal 
     agencies, shall develop a National Strategy for Border 
     Security that describes actions to be carried out to achieve 
     operational control over all ports of entry into the United 
     States and the international land and maritime borders of the 
     United States.
       (b) Content.--The National Strategy for Border Security 
     shall include the following:
       (1) The implementation schedule for the comprehensive plan 
     for systematic surveillance described in section 111.
       (2) An assessment of the threat posed by terrorists and 
     terrorist groups that may try to infiltrate the United States 
     at locations along the international land and maritime 
     borders of the United States.
       (3) A risk assessment for all United States ports of entry 
     and all portions of the international land and maritime 
     borders of the United States that includes a description of 
     activities being undertaken--
       (A) to prevent the entry of terrorists, other unlawful 
     aliens, instruments of terrorism,

[[Page 5643]]

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

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

       (a) Requirement for Reports.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary of State, in coordination with the 
     Secretary and the heads of other appropriate Federal 
     agencies, shall submit to Congress a report on improving the 
     exchange of information related to the security of North 
     America.
       (b) Contents.--Each report submitted under subsection (a) 
     shall contain a description of the following:
       (1) Security clearances and document integrity.--The 
     progress made toward the development of common enrollment, 
     security, technical, and biometric standards for the 
     issuance, authentication, validation, and repudiation of 
     secure documents, including--
       (A) technical and biometric standards based on best 
     practices and consistent with international standards for the 
     issuance, authentication, validation, and repudiation of 
     travel documents, including--
       (i) passports;
       (ii) visas; and
       (iii) permanent resident cards;
       (B) working with Canada and Mexico to encourage foreign 
     governments to enact laws to combat alien smuggling and 
     trafficking, and laws to forbid the use and manufacture of 
     fraudulent travel documents and to promote information 
     sharing;
       (C) applying the necessary pressures and support to ensure 
     that other countries meet proper travel document standards 
     and are committed to travel document verification before the 
     citizens of such countries travel internationally, including 
     travel by such citizens to the United States; and
       (D) providing technical assistance for the development and 
     maintenance of a national database built upon identified best 
     practices for biometrics associated with visa and travel 
     documents.
       (2) Immigration and visa management.--The progress of 
     efforts to share information regarding high-risk individuals 
     who may attempt to enter Canada, Mexico, or the United 
     States, including the progress made--
       (A) in implementing the Statement of Mutual Understanding 
     on Information Sharing, signed by Canada and the United 
     States in February 2003; and
       (B) in identifying trends related to immigration fraud, 
     including asylum and document fraud, and to analyze such 
     trends.
       (3) Visa policy coordination and immigration security.--The 
     progress made by Canada, Mexico, and the United States to 
     enhance the security of North America by cooperating on visa 
     policy and identifying best practices regarding immigration 
     security, including the progress made--
       (A) in enhancing consultation among officials who issue 
     visas at the consulates or embassies of Canada, Mexico, or 
     the United States throughout the world to share information, 
     trends, and best practices on visa flows;
       (B) in comparing the procedures and policies of Canada and 
     the United States related to visitor visa processing, 
     including--
       (i) application process;
       (ii) interview policy;
       (iii) general screening procedures;
       (iv) visa validity;
       (v) quality control measures; and
       (vi) access to appeal or review;
       (C) in exploring methods for Canada, Mexico, and the United 
     States to waive visa requirements for nationals and citizens 
     of the same foreign countries;
       (D) in providing technical assistance for the development 
     and maintenance of a national database built upon identified 
     best practices for biometrics associated with immigration 
     violators;
       (E) in developing and implementing an immigration security 
     strategy for North America that works toward the development 
     of a common security perimeter by enhancing technical 
     assistance for programs and systems to support advance 
     automated reporting and risk targeting of international 
     passengers;
       (F) in sharing information on lost and stolen passports on 
     a real-time basis among immigration or law enforcement 
     officials of Canada, Mexico, and the United States; and
       (G) in collecting 10 fingerprints from each individual who 
     applies for a visa.
       (4) North american visitor overstay program.--The progress 
     made by Canada and the United States in implementing parallel 
     entry-exit tracking systems that, while respecting the 
     privacy laws of both countries, share information regarding 
     third country nationals who have overstayed their period of 
     authorized admission in either Canada or the United States.
       (5) Terrorist watch lists.--The progress made in enhancing 
     the capacity of the United States to combat terrorism through 
     the coordination of counterterrorism efforts, including the 
     progress made--
       (A) in developing and implementing bilateral agreements 
     between Canada and the United States and between Mexico and 
     the United States to govern the sharing of terrorist watch 
     list data and to comprehensively enumerate the uses of such 
     data by the governments of each country;
       (B) in establishing appropriate linkages among Canada, 
     Mexico, and the United States Terrorist Screening Center; and
       (C) in exploring with foreign governments the establishment 
     of a multilateral watch list mechanism that would facilitate 
     direct coordination between the country that identifies an 
     individual as an individual included on a watch list, and the 
     country that owns such list, including procedures that 
     satisfy the security concerns and are consistent with the 
     privacy and other laws of each participating country.
       (6) Money laundering, currency smuggling, and alien 
     smuggling.--The progress made in improving information 
     sharing and law enforcement cooperation in combating 
     organized crime, including the progress made--
       (A) in combating currency smuggling, money laundering, 
     alien smuggling, and trafficking in alcohol, firearms, and 
     explosives;
       (B) in implementing the agreement between Canada and the 
     United States known as the Firearms Trafficking Action Plan;
       (C) in determining the feasibility of formulating a 
     firearms trafficking action plan between Mexico and the 
     United States;

[[Page 5644]]

       (D) in developing a joint threat assessment on organized 
     crime between Canada and the United States;
       (E) in determining the feasibility of formulating a joint 
     threat assessment on organized crime between Mexico and the 
     United States;
       (F) in developing mechanisms to exchange information on 
     findings, seizures, and capture of individuals transporting 
     undeclared currency; and
       (G) in developing and implementing a plan to combat the 
     transnational threat of illegal drug trafficking.
       (7) Law enforcement cooperation.--The progress made in 
     enhancing law enforcement cooperation among Canada, Mexico, 
     and the United States through enhanced technical assistance 
     for the development and maintenance of a national database 
     built upon identified best practices for biometrics 
     associated with known and suspected criminals or terrorists, 
     including exploring the formation of law enforcement teams 
     that include personnel from the United States and Mexico, and 
     appropriate procedures for such teams.

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

       (a) Technical Assistance.--The Secretary of State, in 
     coordination with the Secretary, shall work to cooperate with 
     the head of Foreign Affairs Canada and the appropriate 
     officials of the Government of Mexico to establish a 
     program--
       (1) to assess the specific needs of Guatemala and Belize in 
     maintaining the security of the international borders of such 
     countries;
       (2) to use the assessment made under paragraph (1) to 
     determine the financial and technical support needed by 
     Guatemala and Belize from Canada, Mexico, and the United 
     States to meet such needs;
       (3) to provide technical assistance to Guatemala and Belize 
     to promote issuance of secure passports and travel documents 
     by such countries; and
       (4) to encourage Guatemala and Belize--
       (A) to control alien smuggling and trafficking;
       (B) to prevent the use and manufacture of fraudulent travel 
     documents; and
       (C) to share relevant information with Mexico, Canada, and 
     the United States.
       (b) Border Security for Belize, Guatemala, and Mexico.--The 
     Secretary, in consultation with the Secretary of State, shall 
     work to cooperate--
       (1) with the appropriate officials of the Government of 
     Guatemala and the Government of Belize to provide law 
     enforcement assistance to Guatemala and Belize that 
     specifically addresses immigration issues to increase the 
     ability of the Government of Guatemala to dismantle human 
     smuggling organizations and gain additional control over the 
     international border between Guatemala and Belize; and
       (2) with the appropriate officials of the Government of 
     Belize, the Government of Guatemala, the Government of 
     Mexico, and the governments of neighboring contiguous 
     countries to establish a program to provide needed equipment, 
     technical assistance, and vehicles to manage, regulate, and 
     patrol the international borders between Mexico and Guatemala 
     and between Mexico and Belize.
       (c) Tracking Central American Gangs.--The Secretary of 
     State, in coordination with the Secretary and the Director of 
     the Federal Bureau of Investigation, shall work to cooperate 
     with the appropriate officials of the Government of Mexico, 
     the Government of Guatemala, the Government of Belize, and 
     the governments of other Central American countries--
       (1) to assess the direct and indirect impact on the United 
     States and Central America of deporting violent criminal 
     aliens;
       (2) to establish a program and database to track 
     individuals involved in Central American gang activities;
       (3) to develop a mechanism that is acceptable to the 
     governments of Belize, Guatemala, Mexico, the United States, 
     and other appropriate countries to notify such a government 
     if an individual suspected of gang activity will be deported 
     to that country prior to the deportation and to provide 
     support for the reintegration of such deportees into that 
     country; and
       (4) to develop an agreement to share all relevant 
     information related to individuals connected with Central 
     American gangs.
       (d) Limitations on Assistance.--Any funds made available to 
     carry out this section shall be subject to the limitations 
     contained in section 551 of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act of 2006 
     (Public Law 109-102; 119 Stat. 2218).

     SEC. 115. COMBATING HUMAN SMUGGLING.

       (a) Requirement for Plan.--The Secretary shall develop and 
     implement a plan to improve coordination between the Bureau 
     of Immigration and Customs Enforcement and the Bureau of 
     Customs and Border Protection of the Department and any other 
     Federal, State, local, or tribal authorities, as determined 
     appropriate by the Secretary, to improve coordination efforts 
     to combat human smuggling.
       (b) Content.--In developing the plan required by subsection 
     (a), the Secretary shall consider--
       (1) the interoperability of databases utilized to prevent 
     human smuggling;
       (2) adequate and effective personnel training;
       (3) methods and programs to effectively target networks 
     that engage in such smuggling;
       (4) effective utilization of--
       (A) visas for victims of trafficking and other crimes; and
       (B) investigatory techniques, equipment, and procedures 
     that prevent, detect, and prosecute international money 
     laundering and other operations that are utilized in 
     smuggling;
       (5) joint measures, with the Secretary of State, to enhance 
     intelligence sharing and cooperation with foreign governments 
     whose citizens are preyed on by human smugglers; and
       (6) other measures that the Secretary considers appropriate 
     to combating human smuggling.
       (c) Report.--Not later than 1 year after implementing the 
     plan described in subsection (a), the Secretary shall submit 
     to Congress a report on such plan, including any 
     recommendations for legislative action to improve efforts to 
     combating human smuggling.
       (d) Savings Provision.--Nothing in this section may be 
     construed to provide additional authority to any State or 
     local entity to enforce Federal immigration laws.

             Subtitle C--Other Border Security Initiatives

     SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

       Not later than October 1, 2007, the Secretary shall--
       (1) in consultation with the Attorney General, enhance 
     connectivity between the Automated Biometric Fingerprint 
     Identification System (IDENT) of the Department and the 
     Integrated Automated Fingerprint Identification System 
     (IAFIS) of the Federal Bureau of Investigation to ensure more 
     expeditious data searches; and
       (2) in consultation with the Secretary of State, collect 
     all fingerprints from each alien required to provide 
     fingerprints during the alien's initial enrollment in the 
     integrated entry and exit data system described in section 
     110 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1365a).

     SEC. 122. SECURE COMMUNICATION.

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

     SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

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

     SEC. 124. US-VISIT SYSTEM.

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

[[Page 5645]]

       (3) making interoperable all immigration screening systems 
     operated by the Secretary.

     SEC. 125. DOCUMENT FRAUD DETECTION.

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

     SEC. 126. IMPROVED DOCUMENT INTEGRITY.

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

     SEC. 127. CANCELLATION OF VISAS.

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

     SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

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

     SEC. 129. BORDER STUDY.

       (a) Southern Border Study.--The Secretary, in consultation 
     with the Attorney General, the Secretary of the Interior, the 
     Secretary of Agriculture, the Secretary of Defense, the 
     Secretary of Commerce, and the Administrator of the 
     Environmental Protection Agency, shall conduct a study on the 
     construction of a system of physical barriers along the 
     southern international land and maritime border of the United 
     States. The study shall include--
       (1) an assessment of the necessity of constructing such a 
     system, including the identification of areas of high 
     priority for the construction of such a system determined 
     after consideration of factors including the amount of 
     narcotics trafficking and the number of illegal immigrants 
     apprehended in such areas;
       (2) an assessment of the feasibility of constructing such a 
     system;
       (3) an assessment of the international, national, and 
     regional environmental impact of such a system, including the 
     impact on zoning, global climate change, ozone depletion, 
     biodiversity loss, and transboundary pollution;
       (4) an assessment of the necessity for ports of entry along 
     such a system;
       (5) an assessment of the impact such a system would have on 
     international trade, commerce, and tourism;
       (6) an assessment of the effect of such a system on private 
     property rights including issues of eminent domain and 
     riparian rights;
       (7) an estimate of the costs associated with building a 
     barrier system, including costs associated with excavation, 
     construction, and maintenance;
       (8) an assessment of the effect of such a system on Indian 
     reservations and units of the National Park System; and
       (9) an assessment of the necessity of constructing such a 
     system after the implementation of provisions of this Act 
     relating to guest workers, visa reform, and interior and 
     worksite enforcement, and the likely effect of such 
     provisions on undocumented immigration and the flow of 
     illegal immigrants across the international border of the 
     United States;
       (10) an assessment of the impact of such a system on 
     diplomatic relations between the United States and Mexico, 
     Central America, and South America, including the likely 
     impact of such a system on existing and potential areas of 
     bilateral and multilateral cooperative enforcement efforts;
       (11) an assessment of the impact of such a system on the 
     quality of life within border communities in the United 
     States and Mexico, including its impact on noise and light 
     pollution, housing, transportation, security, and 
     environmental health;
       (12) an assessment of the likelihood that such a system 
     would lead to increased violations of the human rights, 
     health, safety, or civil rights of individuals in the region 
     near the southern international border of the United States, 
     regardless of the immigration status of such individuals;
       (13) an assessment of the effect such a system would have 
     on violence near the southern international border of the 
     United States; and
       (14) an assessment of the effect of such a system on the 
     vulnerability of the United States to infiltration by 
     terrorists or other agents intending to inflict direct harm 
     on the United States.
       (b) Report.--Not later than 9 months after the date of the 
     enactment of this Act, the

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     Secretary shall submit to Congress a report on the study 
     described in subsection (a).

     SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

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

     SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR 
                   BETWEEN PORTS OF ENTRY.

       (a) In General.--Beginning on October 1, 2007, an alien 
     (other than a national of Mexico) who is attempting to 
     illegally enter the United States and who is apprehended at a 
     United States port of entry or along the international land 
     and maritime border of the United States shall be detained 
     until removed or a final decision granting admission has been 
     determined, unless the alien--
       (1) is permitted to withdraw an application for admission 
     under section 235(a)(4) of the Immigration and Nationality 
     Act (8 U.S.C. 1225(a)(4)) and immediately departs from the 
     United States pursuant to such section; or
       (2) is paroled into the United States by the Secretary for 
     urgent humanitarian reasons or significant public benefit in 
     accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 
     1182(d)(5)(A)).
       (b) Requirements During Interim Period.--Beginning 60 days 
     after the date of the enactment of this Act and before 
     October 1, 2007, an alien described in subsection (a) may be 
     released with a notice to appear only if--
       (1) the Secretary determines, after conducting all 
     appropriate background and security checks on the alien, that 
     the alien does not pose a national security risk; and
       (2) the alien provides a bond of not less than $5,000.
       (c) Rules of Construction.--
       (1) Asylum and removal.--Nothing in this section shall be 
     construed as limiting the right of an alien to apply for 
     asylum or for relief or deferral of removal based on a fear 
     of persecution.
       (2) Treatment of certain aliens.--The mandatory detention 
     requirement in subsection (a) does not apply to any alien who 
     is a native or citizen of a country in the Western Hemisphere 
     with whose government the United States does not have full 
     diplomatic relations.
       (3) Discretion.--Nothing in this section shall be construed 
     as limiting the authority of the Secretary, in the 
     Secretary's sole unreviewable discretion, to determine 
     whether an alien described in clause (ii) of section 
     235(b)(1)(B) of the Immigration and Nationality Act shall be 
     detained or released after a finding of a credible fear of 
     persecution (as defined in clause (v) of such section).

     SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, 
                   REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.

       (a) In General.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``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 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;
       ``(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 3 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.''.
       (b) 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.''.
       (c) 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.''.

                Subtitle D--Border Tunnel Prevention Act

     SEC. 141. SHORT TITLE.

       This subtitle may be cited as the ``Border Tunnel 
     Prevention Act''.

     SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

       (a) In General.--Chapter 27 of title 18, United States 
     Code, as amended by section 132(a), is further amended by 
     adding at the end the following:

     ``Sec. 555. Border tunnels and passages

       ``(a) Any person who knowingly constructs or finances the 
     construction of a tunnel or subterranean passage that crosses 
     the international border between the United States and 
     another country, other than a lawfully authorized tunnel or 
     passage known to the Secretary of Homeland Security and 
     subject to inspection by the Bureau of Immigration and 
     Customs Enforcement, shall be fined under this title and 
     imprisoned for not more than 20 years.
       ``(b) Any person who knows or recklessly disregards the 
     construction or use of a tunnel or passage described in 
     subsection (a) on

[[Page 5647]]

     land that the person owns or controls shall be fined under 
     this title and imprisoned for not more than 10 years.
       ``(c) Any person who uses a tunnel or passage described in 
     subsection (a) to unlawfully smuggle an alien, goods (in 
     violation of section 545), controlled substances, weapons of 
     mass destruction (including biological weapons), or a member 
     of a terrorist organization (as defined in section 
     212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a maximum term 
     of imprisonment that is twice the maximum term of 
     imprisonment that would have otherwise been applicable had 
     the unlawful activity not made use of such a tunnel or 
     passage.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     27 of title 18, United States Code, as amended by section 
     132(b), is further amended by adding at the end the 
     following:

``Sec. 555. Border tunnels and passages.''.

       (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, 
     United States Code, is amended by inserting ``555,'' before 
     ``1425,''.

     SEC. 143. DIRECTIVE TO THE UNITED STATES SENTENCING 
                   COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this section, the United States Sentencing Commission shall 
     promulgate or amend sentencing guidelines to provide for 
     increased penalties for persons convicted of offenses 
     described in section 554 of title 18, United States Code, as 
     added by section 132.
       (b) Requirements.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) ensure that the sentencing guidelines, policy 
     statements, and official commentary reflect the serious 
     nature of the offenses described in section 554 of title 18, 
     United States Code, and the need for aggressive and 
     appropriate law enforcement action to prevent such offenses;
       (2) provide adequate base offense levels for offenses under 
     such section;
       (3) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including--
       (A) the use of a tunnel or passage described in subsection 
     (a) of such section to facilitate other felonies; and
       (B) the circumstances for which the sentencing guidelines 
     currently provide applicable sentencing enhancements;
       (4) ensure reasonable consistency with other relevant 
     directives, other sentencing guidelines, and statutes;
       (5) make any necessary and conforming changes to the 
     sentencing guidelines and policy statements; and
       (6) ensure that the sentencing guidelines adequately meet 
     the purposes of sentencing set forth in section 3553(a)(2) of 
     title 18, United States Code.

                     TITLE II--INTERIOR ENFORCEMENT

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

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

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

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

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

       (a) In General.--
       (1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is 
     amended--
       (A) by striking ``Attorney General'' the first place it 
     appears and inserting ``Secretary of Homeland Security'';
       (B) by striking ``Attorney General'' any other place it 
     appears and inserting ``Secretary'';
       (C) in paragraph (1)--
       (i) in subparagraph (B), by amending clause (ii) to read as 
     follows:
       ``(ii) If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of the removal of the alien, 
     the expiration date of the stay of removal.''.
       (ii) by amending subparagraph (C) to read as follows:
       ``(C) Extension of period.--The removal period shall be 
     extended beyond a period of 90 days and the alien may remain 
     in detention during such extended period if the alien fails 
     or refuses to--
       ``(i) make all reasonable efforts to comply with the 
     removal order; or
       ``(ii) fully cooperate with the Secretary's efforts to 
     establish the alien's identity and carry out the removal 
     order, including failing to make timely application in good 
     faith for travel or other documents necessary to the alien's 
     departure, or conspiring or acting to prevent the alien's 
     removal.''; and
       (iii) by adding at the end the following:
       ``(D) Tolling of period.--If, at the time described in 
     subparagraph (B), the alien is not in the custody of the 
     Secretary under the authority of this Act, the removal period 
     shall not begin until the alien is taken into such custody. 
     If the Secretary lawfully transfers custody of the alien 
     during the removal period to another Federal agency or to a 
     State or local government agency in connection with the 
     official duties of such agency, the removal period shall be 
     tolled, and shall recommence on the date on which the alien 
     is returned to the custody of the Secretary.'';
       (D) in paragraph (2), by adding at the end the following: 
     ``If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administrative final order of removal, the 
     Secretary, in the exercise of discretion, may detain the 
     alien during the pendency of such stay of removal.'';
       (E) in paragraph (3), by amending subparagraph (D) to read 
     as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities, or to perform affirmative acts, that 
     the Secretary prescribes for the alien--
       ``(i) to prevent the alien from absconding;
       ``(ii) for the protection of the community; or
       ``(iii) for other purposes related to the enforcement of 
     the immigration laws.'';
       (F) in paragraph (6), by striking ``removal period and, if 
     released,'' and inserting ``removal period, in the discretion 
     of the Secretary, without any limitations other than those 
     specified in this section, until the alien is removed. If an 
     alien is released, the alien'';
       (G) by redesignating paragraph (7) as paragraph (10); and
       (H) by inserting after paragraph (6) the following:
       ``(7) Parole.--If an alien detained pursuant to paragraph 
     (6) is an applicant for admission, the Secretary of Homeland 
     Security, in the Secretary's discretion, may parole the alien 
     under section 212(d)(5) and may provide, notwithstanding 
     section 212(d)(5), that the alien shall not be returned to 
     custody unless either the alien violates the conditions of 
     the alien's parole or the alien's removal becomes reasonably 
     foreseeable, provided that in no circumstance shall such 
     alien be considered admitted.
       ``(8) Additional rules for detention or release of 
     aliens.--The following procedures shall apply to an alien 
     detained under this section:
       ``(A) Detention review process for aliens who have effected 
     an entry and fully cooperate with removal.--The Secretary of 
     Homeland Security shall establish an administrative review 
     process to determine whether an alien described in 
     subparagraph (B) should be detained or released after the 
     removal period in accordance with this paragraph.
       ``(B) Alien described.--An alien is described in this 
     subparagraph if the alien--

[[Page 5648]]

       ``(i) has effected an entry into the United States;
       ``(ii) has made all reasonable efforts to comply with the 
     alien's removal order;
       ``(iii) has cooperated fully with the Secretary's efforts 
     to establish the alien's identity and to carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary for the alien's 
     departure; and
       ``(iv) has not conspired or acted to prevent removal.
       ``(C) Evidence.--In making a determination under 
     subparagraph (A), the Secretary--
       ``(i) shall consider any evidence submitted by the alien;
       ``(ii) may consider any other evidence, including--

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

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

       ``(I) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(II) after receipt of a written recommendation from the 
     Secretary of State, that the release of the alien would 
     likely have serious adverse foreign policy consequences for 
     the United States;
       ``(III) based on information available to the Secretary 
     (including classified, sensitive, or national security 
     information, and regardless of the grounds upon which the 
     alien was ordered removed), that there is reason to believe 
     that the release of the alien would threaten the national 
     security of the United States;
       ``(IV) that--

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

       ``(V) that--

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

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

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

     SEC. 203. AGGRAVATED FELONY.

       (a) Definition of Aggravated Felony.--Section 101(a)(43) (8 
     U.S.C. 1101(a)(43)) is amended--

[[Page 5649]]

       (1) by striking ``The term `aggravated felony' means--'' 
     and inserting ``Notwithstanding any other provision of law 
     (except for the provision providing an effective date for 
     section 203 of the Comprehensive Reform Act of 2006), the 
     term `aggravated felony' applies to an offense described in 
     this paragraph, whether in violation of Federal or State law 
     and to such an offense in violation of the law of a foreign 
     country, for which the term of imprisonment was completed 
     within the previous 15 years, even if the length of the term 
     of imprisonment is based on recidivist or other enhancements 
     and regardless of whether the conviction was entered before, 
     on, or after September 30, 1996, and means--'';
       (2) in subparagraph (A), by striking ``murder, rape, or 
     sexual abuse of a minor;'' and inserting ``murder, rape, or 
     sexual abuse of a minor, whether or not the minority of the 
     victim is established by evidence contained in the record of 
     conviction or by evidence extrinsic to the record of 
     conviction;'';
       (3) in subparagraph (N), by striking ``paragraph (1)(A) or 
     (2) of'';
       (4) in subparagraph (O), by striking ``section 275(a) or 
     276 committed by an alien who was previously deported on the 
     basis of a conviction for an offense described in another 
     subparagraph of this paragraph'' and inserting ``section 275 
     or 276 for which the term of imprisonment is at least 1 
     year'';
       (5) in subparagraph (U), by striking ``an attempt or 
     conspiracy to commit an offense described in this paragraph'' 
     and inserting ``aiding or abetting an offense described in 
     this paragraph, or soliciting, counseling, procuring, 
     commanding, or inducing another, attempting, or conspiring to 
     commit such an offense''; and
       (6) by striking the undesignated matter following 
     subparagraph (U).
       (b) Effective Date and Application.--
       (1) In general.--The amendments made by subsection (a) 
     shall--
       (A) take effect on the date of the enactment of this Act; 
     and
       (B) apply to any act that occurred on or after the date of 
     the enactment of this Act.
       (2) Application of iiraira amendments.--The amendments to 
     section 101(a)(43) of the Immigration and Nationality Act 
     made by section 321 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 110 Stat. 3009-627) shall continue to apply, 
     whether the conviction was entered before, on, or after 
     September 30, 1996.

     SEC. 204. TERRORIST BARS.

       (a) Definition of Good Moral Character.--Section 101(f) (8 
     U.S.C. 1101(f)) is amended--
       (1) by inserting after paragraph (1) the following:
       ``(2) an alien described in section 212(a)(3) or 237(a)(4), 
     as determined by the Secretary of Homeland Security or 
     Attorney General based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information;'';
       (2) in paragraph (8), by striking ``(as defined in 
     subsection (a)(43))'' and inserting the following: ``, 
     regardless of whether the crime was defined as an aggravated 
     felony under subsection (a)(43) at the time of the 
     conviction, unless--
       ``(A) the person completed the term of imprisonment and 
     sentence not later than 10 years before the date of 
     application; and
       ``(B) the Secretary of Homeland Security or the Attorney 
     General waives the application of this paragraph; or''; and
       (3) in the undesignated matter following paragraph (9), by 
     striking ``a finding that for other reasons such person is or 
     was not of good moral character'' and inserting the 
     following: ``a discretionary finding for other reasons that 
     such a person is or was not of good moral character. In 
     determining an applicant's moral character, the Secretary of 
     Homeland Security and the Attorney General may take into 
     consideration the applicant's conduct and acts at any time 
     and are not limited to the period during which good moral 
     character is required.''.
       (b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) 
     is amended by adding at the end the following: ``A petition 
     may not be approved under this section if there is any 
     administrative or judicial proceeding (whether civil or 
     criminal) pending against the petitioner that could directly 
     or indirectly result in the petitioner's denatu-
     ralization or the loss of the petitioner's lawful permanent 
     resident status.''.
       (c) Conditional Permanent Resident Status.--
       (1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is 
     amended by inserting ``if the alien has had the conditional 
     basis removed pursuant to this section'' before the period at 
     the end.
       (2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C. 
     1186b(e)) is amended by inserting ``if the alien has had the 
     conditional basis removed pursuant to this section'' before 
     the period at the end.
       (d) Judicial Review of Naturalization Applications.--
     Section 310(c) (8 U.S.C. 1421(c)) is amended--
       (1) by inserting ``, not later than 120 days after the 
     Secretary of Homeland Security's final determination,'' after 
     ``may''; and
       (2) by adding at the end the following: ``Except that in 
     any proceeding, other than a proceeding under section 340, 
     the court shall review for substantial evidence the 
     administrative record and findings of the Secretary of 
     Homeland Security regarding whether an alien is a person of 
     good moral character, understands and is attached to the 
     principles of the Constitution of the United States, or is 
     well disposed to the good order and happiness of the United 
     States. The petitioner shall have the burden of showing that 
     the Secretary's denial of the application was contrary to 
     law.''.
       (e) Persons Endangering National Security.--Section 316 (8 
     U.S.C. 1427) is amended by adding at the end the following:
       ``(g) Persons Endangering the National Security.--A person 
     may not be naturalized if the Secretary of Homeland Security 
     determines, based upon any relevant information or evidence, 
     including classified, sensitive, or national security 
     information, that the person was once an alien described in 
     section 212(a)(3) or 237(a)(4).''.
       (f) Concurrent Naturalization and Removal Proceedings.--
     Section 318 (8 U.S.C. 1429) is amended by striking ``the 
     Attorney General if'' and all that follows and inserting: 
     ``the Secretary of Homeland Security or any court if there is 
     pending against the applicant any removal proceeding or other 
     proceeding to determine the applicant's inadmissibility or 
     deportability, or to determine whether the applicant's lawful 
     permanent resident status should be rescinded, regardless of 
     when such proceeding was commenced. The findings of the 
     Attorney General in terminating removal proceedings or 
     canceling the removal of an alien under this Act shall not be 
     deemed binding in any way upon the Secretary of Homeland 
     Security with respect to the question of whether such person 
     has established eligibility for naturalization in accordance 
     with this title.''.
       (g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 
     1447(b)) is amended to read as follows:
       ``(b) Request for Hearing Before District Court.--If there 
     is a failure to render a final administrative decision under 
     section 335 before the end of the 180-day period beginning on 
     the date on which the Secretary of Homeland Security 
     completes all examinations and interviews required under such 
     section, the applicant may apply to the district court for 
     the district in which the applicant resides for a hearing on 
     the matter. The Secretary shall notify the applicant when 
     such examinations and interviews have been completed. Such 
     district court shall only have jurisdiction to review the 
     basis for delay and remand the matter, with appropriate 
     instructions, to the Secretary for the Secretary's 
     determination on the application.''.
       (h) Effective Date.--The amendments made by this section--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) shall apply to any act that occurred on or after such 
     date of enactment.

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

       (a) Criminal Street Gangs.--
       (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
     1182(a)(2)) is amended--
       (A) by redesignating subparagraph (F) as subparagraph (J); 
     and
       (B) by inserting after subparagraph (E) the following:
       ``(F) Members of criminal street gangs.--Unless the 
     Secretary of Homeland Security or the Attorney General waives 
     the application of this subparagraph, any alien who a 
     consular officer, the Attorney General, or the Secretary of 
     Homeland Security knows or has reason to believe--
       ``(i) is, or has been, a member of a criminal street gang 
     (as defined in section 521(a) of title 18, United States 
     Code); or
       ``(ii) has participated in the activities of a criminal 
     street gang, knowing or having reason to know that such 
     activities promoted, furthered, aided, or supported the 
     illegal activity of the criminal gang,
     is inadmissible.''.
       (2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) 
     is amended by adding at the end the following:
       ``(F) Members of criminal street gangs.--Unless the 
     Secretary of Homeland Security or the Attorney General waives 
     the application of this subparagraph, any alien who the 
     Secretary of Homeland Security or the Attorney General knows 
     or has reason to believe--
       ``(i) is, or at any time after admission has been, a member 
     of a criminal street gang (as defined in section 521(a) of 
     title 18, United States Code); or
       ``(ii) has participated in the activities of a criminal 
     street gang, knowing or having reason to know that such 
     activities promoted, furthered, aided, or supported the 
     illegal activity of the criminal gang,
     is deportable.''.
       (3) Temporary protected status.--Section 244 (8 U.S.C. 
     1254a) is amended--
       (A) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (B) in subsection (b)(3)--
       (i) in subparagraph (B), by striking the last sentence and 
     inserting the following: ``Notwithstanding any other 
     provision of this section, the Secretary of Homeland Security 
     may, for any reason (including national security), terminate 
     or modify any designation

[[Page 5650]]

     under this section. Such termination or modification is 
     effective upon publication in the Federal Register, or after 
     such time as the Secretary may designate in the Federal 
     Register.'';
       (ii) in subparagraph (C), by striking ``a period of 12 or 
     18 months'' and inserting ``any other period not to exceed 18 
     months'';
       (C) in subsection (c)--
       (i) in paragraph (1)(B), by striking ``The amount of any 
     such fee shall not exceed $50.'';
       (ii) in paragraph (2)(B)--

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

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

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

       ``(a) Criminal Offenses and Penalties.--
       ``(1) Prohibited activities.--Except as provided in 
     paragraph (3), a person shall be punished as provided under 
     paragraph (2), if the person--
       ``(A) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to come to, enter, or cross the border to the United States;
       ``(B) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, at a place other than a designated port 
     of entry or place other than as designated by the Secretary 
     of Homeland Security, knowing or in reckless disregard of the 
     fact that such person is an alien and regardless of whether 
     such alien has official permission or lawful authority to be 
     in the United States;
       ``(C) transports, moves, harbors, conceals, or shields from 
     detection a person outside of the United States knowing or in 
     reckless disregard of the fact that such person is an alien 
     in unlawful transit from 1 country to another or on the high 
     seas, under circumstances in which the alien is seeking to 
     enter the United States without official permission or legal 
     authority;
       ``(D) encourages or induces a person to reside 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 the United States;
       ``(E) transports or moves a person in the United States, 
     knowing or in reckless disregard of the fact that such person 
     is an alien who lacks lawful authority to enter or be in the 
     United States, if the transportation or movement will further 
     the alien's illegal entry into or illegal presence in the 
     United States;
       ``(F) harbors, conceals, or shields from detection a person 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to be in the United States; or
       ``(G) conspires or attempts to commit any of the acts 
     described in subparagraphs (A) through (F).
       ``(2) Criminal penalties.--A person who violates any 
     provision under paragraph (1)--
       ``(A) except as provided in subparagraphs (C) through (G), 
     if the offense was not committed for commercial advantage, 
     profit, or private financial gain, shall be fined under title 
     18, United States Code, imprisoned for not more than 5 years, 
     or both;
       ``(B) except as provided in subparagraphs (C) through (G), 
     if the offense was committed for commercial advantage, 
     profit, or private financial gain--
       ``(i) if the violation is the offender's first violation 
     under this subparagraph, shall be fined under such title, 
     imprisoned for not more than 20 years, or both; or
       ``(ii) if the violation is the offender's second or 
     subsequent violation of this subparagraph, shall be fined 
     under such title, imprisoned for not less than 3 years or 
     more than 20 years, or both;
       ``(C) if the offense furthered or aided the commission of 
     any other offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, shall be 
     fined under such title, imprisoned for not less than 5 years 
     or more than 20 years, or both;
       ``(D) shall be fined under such title, imprisoned not less 
     than 5 years or more than 20 years, or both, if the offense 
     created a substantial and foreseeable risk of death, a 
     substantial and foreseeable risk of serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code), 
     or inhumane conditions to another person, including--
       ``(i) transporting the person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting the person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting the person in, harboring the person 
     in, or otherwise subjecting the person to crowded or 
     dangerous conditions;
       ``(E) if the offense caused serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code) 
     to any person, shall be fined under such title, imprisoned 
     for not less than 7 years or more than 30 years, or both;
       ``(F) shall be fined under such title and imprisoned for 
     not less than 10 years or more than 30 years if the offense 
     involved an alien who the offender knew or had reason to 
     believe was--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in terrorist activity;
       ``(G) if the offense caused or resulted in the death of any 
     person, shall be punished by death or imprisoned for a term 
     of years not less than 10 years and up to life, and fined 
     under title 18, United States Code.
       ``(3) Limitation.--It is not a violation of subparagraph 
     (D), (E), or (F) of paragraph (1)--
       ``(A) for a religious denomination having a bona fide 
     nonprofit, religious organization in the United States, or 
     the agents or officers of such denomination or organization, 
     to encourage, invite, call, allow, or enable an alien who is 
     present in the United States to perform the vocation of a 
     minister or missionary for the denomination or organization 
     in the United States as a volunteer who is not compensated as 
     an employee, notwithstanding the provision of room, board, 
     travel, medical assistance, and other basic living expenses, 
     provided the minister or missionary has been a member of the 
     denomination for at least 1 year; or
       ``(B) for an individual or organization, not previously 
     convicted of a violation of this section, to provide an alien 
     who is present in the United States with humanitarian 
     assistance, including medical care, housing, counseling, 
     victim services, and food, or to transport the alien to a 
     location where such assistance can be rendered.
       ``(4) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Employment of Unauthorized Aliens.--
       ``(1) Criminal offense and penalties.--Any person who, 
     during any 12-month period, knowingly employs 10 or more 
     individuals with actual knowledge or in reckless disregard of 
     the fact that the individuals are aliens described in 
     paragraph (2), shall be fined under title 18, United States 
     Code, imprisoned for not more than 10 years, or both.
       ``(2) Definition.--An alien described in this paragraph is 
     an alien who--
       ``(A) is an unauthorized alien (as defined in section 
     274A(h)(3));
       ``(B) is present in the United States without lawful 
     authority; and
       ``(C) has been brought into the United States in violation 
     of this subsection.
       ``(c) Seizure and Forfeiture.--
       ``(1) In general.--Any real or personal property used to 
     commit or facilitate the commission of a violation of this 
     section, the gross proceeds of such violation, and any 
     property traceable to such property or proceeds, shall be 
     subject to forfeiture.
       ``(2) Applicable procedures.--Seizures and forfeitures 
     under this subsection shall be governed by the provisions of 
     chapter 46 of

[[Page 5651]]

     title 18, United States Code, relating to civil forfeitures, 
     except that such duties as are imposed upon the Secretary of 
     the Treasury under the customs laws described in section 
     981(d) shall be performed by such officers, agents, and other 
     persons as may be designated for that purpose by the 
     Secretary of Homeland Security.
       ``(3) Prima facie evidence in determinations of 
     violations.--In determining whether a violation of subsection 
     (a) has occurred, prima facie evidence that an alien involved 
     in the alleged violation lacks lawful authority to come to, 
     enter, reside in, remain in, or be in the United States or 
     that such alien had come to, entered, resided in, remained 
     in, or been present in the United States in violation of law 
     shall include--
       ``(A) any order, finding, or determination concerning the 
     alien's status or lack of status made by a Federal judge or 
     administrative adjudicator (including an immigration judge or 
     immigration officer) during any judicial or administrative 
     proceeding authorized under Federal immigration law;
       ``(B) official records of the Department of Homeland 
     Security, the Department of Justice, or the Department of 
     State concerning the alien's status or lack of status; and
       ``(C) testimony by an immigration officer having personal 
     knowledge of the facts concerning the alien's status or lack 
     of status.
       ``(d) Authority to Arrest.--No officer or person shall have 
     authority to make any arrests for a violation of any 
     provision of this section except--
       ``(1) officers and employees designated by the Secretary of 
     Homeland Security, either individually or as a member of a 
     class; and
       ``(2) other officers responsible for the enforcement of 
     Federal criminal laws.
       ``(e) Admissibility of Videotaped Witness Testimony.--
     Notwithstanding any provision of the Federal Rules of 
     Evidence, the videotaped or otherwise audiovisually preserved 
     deposition of a witness to a violation of subsection (a) who 
     has been deported or otherwise expelled from the United 
     States, or is otherwise unavailable to testify, may be 
     admitted into evidence in an action brought for that 
     violation if--
       ``(1) the witness was available for cross examination at 
     the deposition by the party, if any, opposing admission of 
     the testimony; and
       ``(2) the deposition otherwise complies with the Federal 
     Rules of Evidence.
       ``(f) Outreach Program.--
       ``(1) In general.--The Secretary of Homeland Security, in 
     consultation with the Attorney General and the Secretary of 
     State, as appropriate, shall--
       ``(A) develop and implement an outreach program to educate 
     people in and out of the United States about the penalties 
     for bringing in and harboring aliens in violation of this 
     section; and
       ``(B) establish the American Local and Interior Enforcement 
     Needs (ALIEN) Task Force to identify and respond to the use 
     of Federal, State, and local transportation infrastructure to 
     further the trafficking of unlawful aliens within the United 
     States.
       ``(2) Field offices.--The Secretary of Homeland Security, 
     after consulting with State and local government officials, 
     shall establish such field offices as may be necessary to 
     carry out this subsection.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated such sums are necessary for the 
     fiscal years 2007 through 2011 to carry out this subsection.
       ``(g) Definitions.--In this section:
       ``(1) Crossed the border into the united states.--An alien 
     is deemed to have crossed the border into the United States 
     regardless of whether the alien is free from official 
     restraint.
       ``(2) Lawful authority.--The term `lawful authority' means 
     permission, authorization, or license that is expressly 
     provided for in the immigration laws of the United States or 
     accompanying regulations. The term does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law or authority sought, but not approved. No alien shall 
     be deemed to have lawful authority to come to, enter, reside 
     in, remain in, or be in the United States if such coming to, 
     entry, residence, remaining, or presence was, is, or would be 
     in violation of law.
       ``(3) Proceeds.--The term `proceeds' includes any property 
     or interest in property obtained or retained as a consequence 
     of an act or omission in violation of this section.
       ``(4) Unlawful transit.--The term `unlawful transit' means 
     travel, movement, or temporary presence that violates the 
     laws of any country in which the alien is present or any 
     country from which the alien is traveling or moving.''.
       (2) Clerical amendment.--The table of contents is amended 
     by striking the item relating to section 274 and inserting 
     the following:

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

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

     SEC. 206. ILLEGAL ENTRY.

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

     ``SEC. 275. ILLEGAL ENTRY.

       ``(a) In General.--
       ``(1) Criminal offenses.--An alien shall be subject to the 
     penalties set forth in paragraph (2) if the alien--
       ``(A) knowingly enters or crosses the border into the 
     United States at any time or place other than as designated 
     by the Secretary of Homeland Security;
       ``(B) knowingly eludes examination or inspection by an 
     immigration officer (including failing to stop at the command 
     of such officer), or a customs or agriculture inspection at a 
     port of entry; or
       ``(C) knowingly enters or crosses the border to the United 
     States by means of a knowingly false or misleading 
     representation or the knowing concealment of a material fact 
     (including such representation or concealment in the context 
     of arrival, reporting, entry, or clearance requirements of 
     the customs law, immigration laws, agriculture laws, or 
     shipping laws).
       ``(2) Criminal penalties.--Any alien who violates any 
     provision under paragraph (1)--
       ``(A) shall, for the first violation, be fined under title 
     18, United States Code, imprisoned not more than 6 months, or 
     both;
       ``(B) shall, for a second or subsequent violation, or 
     following an order of voluntary departure, be fined under 
     such title, imprisoned not more than 2 years, or both;
       ``(C) if the violation occurred after the alien had been 
     convicted of 3 or more misdemeanors or for a felony, shall be 
     fined under such title, imprisoned not more than 10 years, or 
     both;
       ``(D) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 30 months, shall be fined under 
     such title, imprisoned not more than 15 years, or both; and
       ``(E) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 60 months, such alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both.
       ``(3) Prior convictions.--The prior convictions described 
     in subparagraphs (C) through (E) of paragraph (2) are 
     elements of the offenses described in that paragraph and the 
     penalties in such subparagraphs shall apply only in cases in 
     which the conviction or convictions that form the basis for 
     the additional penalty are--
       ``(A) alleged in the indictment or information; and
       ``(B) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(4) Duration of offense.--An offense under this 
     subsection continues until the alien is discovered within the 
     United States by an immigration officer.
       ``(5) Attempt.--Whoever attempts to commit any offense 
     under this section shall be punished in the same manner as 
     for a completion of such offense.
       ``(b) Improper Time or Place; Civil Penalties.--
       ``(1) In general.--Any alien who is apprehended while 
     entering, attempting to enter, or knowingly crossing or 
     attempting to cross the border to the United States at a time 
     or place other than as designated by immigration officers 
     shall be subject to a civil penalty, in addition to any 
     criminal or other civil penalties that may be imposed under 
     any other provision of law, in an amount equal to--
       ``(A) not less than $50 or more than $250 for each such 
     entry, crossing, attempted entry, or attempted crossing; or
       ``(B) twice the amount specified in paragraph (1) if the 
     alien had previously been subject to a civil penalty under 
     this subsection.
       ``(2) Crossed the border defined.--In this section, an 
     alien is deemed to have crossed the border if the act was 
     voluntary, regardless of whether the alien was under 
     observation at the time of the crossing.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by striking the item relating to section 275 and inserting 
     the following:

``Sec. 275. Illegal entry.''.

     SEC. 207. ILLEGAL REENTRY.

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

     ``SEC. 276. REENTRY OF REMOVED ALIEN.

       ``(a) Reentry After Removal.--Any alien who has been denied 
     admission, excluded, deported, or removed, or who has 
     departed the United States while an order of exclusion, 
     deportation, or removal is outstanding, and subsequently 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found in the United 
     States, shall be fined under title 18, United States Code, 
     imprisoned not more than 2 years, or both.

[[Page 5652]]

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

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

       (a) Passport, Visa, and Immigration Fraud.--
       (1) In general.--Chapter 75 of title 18, United States 
     Code, is amended to read as follows:

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

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``1555. Exception for refugees and asylees.

     ``Sec. 1541. Trafficking in passports

       ``(a) Multiple Passports.--Any person who, during any 3-
     year period, knowingly-
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more passports;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more passports;
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes 10 or more passports, knowing the passports to be 
     forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more applications for a United States passport 
     (including any supporting documentation), knowing the 
     applications to contain any false statement or 
     representation,

     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(b) Passport Materials.--Any person who knowingly and 
     without lawful authority produces, counterfeits, secures, 
     possesses, or uses any official paper, seal, hologram, image, 
     text, symbol, stamp, engraving, plate, or other material used 
     to make a passport shall be fined under this title, 
     imprisoned not more than 20 years, or both.

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

       ``Any person who knowingly--
       ``(1) makes any false statement or representation in an 
     application for a United States passport (including any 
     supporting documentation);
       ``(2) completes, mails, prepares, presents, signs, or 
     submits an application for a United States passport 
     (including any supporting documentation) knowing the 
     application to contain any false statement or representation; 
     or
       ``(3) causes or attempts to cause the production of a 
     passport by means of any fraud or false application for a 
     United States passport (including any supporting 
     documentation), if such production occurs or would occur at a 
     facility authorized by the Secretary of State for the 
     production of passports,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.

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

       ``(a) Forgery.--Any person who--
       ``(1) knowingly forges, counterfeits, alters, or falsely 
     makes any passport; or
       ``(2) knowingly transfers any passport knowing it to be 
     forged, counterfeited, altered, falsely made, stolen, or to 
     have been produced or issued without lawful authority,

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

     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1544. Misuse of a passport

       ``(a) In General.--Any person who--
       ``(1) knowingly uses any passport issued or designed for 
     the use of another;
       ``(2) knowingly uses any passport in violation of the 
     conditions or restrictions therein contained, or in violation 
     of the laws, regulations, or rules governing the issuance and 
     use of the passport;

[[Page 5653]]

       ``(3) knowingly secures, possesses, uses, receives, buys, 
     sells, or distributes any passport knowing it to be forged, 
     counterfeited, altered, falsely made, procured by fraud, or 
     produced or issued without lawful authority; or
       ``(4) knowingly violates the terms and conditions of any 
     safe conduct duly obtained and issued under the authority of 
     the United States,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Entry; Fraud.--Any person who knowingly uses any 
     passport, knowing the passport to be forged, counterfeited, 
     altered, falsely made, procured by fraud, produced or issued 
     without lawful authority, or issued or designed for the use 
     of another--
       ``(1) to enter or to attempt to enter the United States; or
       ``(2) to defraud the United States, a State, or a political 
     subdivision of a State,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1545. Schemes to defraud aliens

       ``(a) In General.--Any person who knowingly executes a 
     scheme or artifice, in connection with any matter that is 
     authorized by or arises under Federal immigration laws, or 
     any matter the offender claims or represents is authorized by 
     or arises under Federal immigration laws--
       ``(1) to defraud any person, or
       ``(2) to obtain or receive from any person, by means of 
     false or fraudulent pretenses, representations, promises, 
     money or anything else of value,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Misrepresentation.--Any person who knowingly and 
     falsely represents himself to be an attorney in any matter 
     arising under Federal immigration laws shall be fined under 
     this title, imprisoned not more than 15 years, or both.

     ``Sec. 1546. Immigration and visa fraud

       ``(a) In General.--Any person who knowingly--
       ``(1) uses any immigration document issued or designed for 
     the use of another;
       ``(2) forges, counterfeits, alters, or falsely makes any 
     immigration document;
       ``(3) completes, mails, prepares, presents, signs, or 
     submits any immigration document knowing it to contain any 
     materially false statement or representation;
       ``(4) secures, possesses, uses, transfers, receives, buys, 
     sells, or distributes any immigration document knowing it to 
     be forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority;
       ``(5) adopts or uses a false or fictitious name to evade or 
     to attempt to evade the immigration laws; or
       ``(6) transfers or furnishes an immigration document to a 
     person without lawful authority for use if such person is not 
     the person for whom the immigration document was issued or 
     designed,

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Multiple Violations.--Any person who, during any 3-
     year period, knowingly--
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more immigration documents;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more immigration documents;
       ``(3) secures, possesses, uses, buys, sells, or distributes 
     10 or more immigration documents, knowing the immigration 
     documents to be forged, counterfeited, altered, stolen, 
     falsely made, procured by fraud, or produced or issued 
     without lawful authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more immigration documents knowing the 
     documents to contain any materially false statement or 
     representation,

     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(c) Immigration Document Materials.--Any person who 
     knowingly and without lawful authority produces, 
     counterfeits, secures, possesses, or uses any official paper, 
     seal, hologram, image, text, symbol, stamp, engraving, plate, 
     or other material, used to make an immigration document shall 
     be fined under this title, imprisoned not more than 20 years, 
     or both.

     ``Sec. 1547. Marriage fraud

       ``(a) Evasion or Misrepresentation.--Any person who--
       ``(1) knowingly enters into a marriage for the purpose of 
     evading any provision of the immigration laws; or
       ``(2) knowingly misrepresents the existence or 
     circumstances of a marriage--
       ``(A) in an application or document authorized by the 
     immigration laws; or
       ``(B) during any immigration proceeding conducted by an 
     administrative adjudicator (including an immigration officer 
     or examiner, a consular officer, an immigration judge, or a 
     member of the Board of Immigration Appeals),

     shall be fined under this title, imprisoned not more than 10 
     years, or both.
       ``(b) Multiple Marriages.--Any person who--
       ``(1) knowingly enters into 2 or more marriages for the 
     purpose of evading any immigration law; or
       ``(2) knowingly arranges, supports, or facilitates 2 or 
     more marriages designed or intended to evade any immigration 
     law,

     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(c) Commercial Enterprise.--Any person who knowingly 
     establishes a commercial enterprise for the purpose of 
     evading any provision of the immigration laws shall be fined 
     under this title, imprisoned for not more than 10 years, or 
     both.
       ``(d) Duration of Offense.--
       ``(1) In general.--An offense under subsection (a) or (b) 
     continues until the fraudulent nature of the marriage or 
     marriages is discovered by an immigration officer.
       ``(2) Commercial enterprise.--An offense under subsection 
     (c) continues until the fraudulent nature of commercial 
     enterprise is discovered by an immigration officer or other 
     law enforcement officer.

     ``Sec. 1548. Attempts and conspiracies

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

     ``Sec. 1549. Alternative penalties for certain offenses

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

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

     shall be fined under this title, imprisoned not more than 20 
     years, or both.

     ``Sec. 1550. Seizure and forfeiture

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

     ``Sec. 1551. Additional jurisdiction

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

     ``Sec. 1552. Additional venue

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

[[Page 5654]]



     ``Sec. 1553. Definitions

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

     ``Sec. 1554. Authorized law enforcement activities

       ``Nothing in this chapter shall prohibit any lawfully 
     authorized investigative, protective, or intelligence 
     activity of a law enforcement agency of the United States, a 
     State, or a political subdivision of a State, or an 
     intelligence agency of the United States, or any activity 
     authorized under title V of the Organized Crime Control Act 
     of 1970 (84 Stat. 933).

     ``Sec. 1555. Exception for refugees, asylees, and other 
       vulnerable persons

       ``(a) In General.--If a person believed to have violated 
     section 1542, 1544, 1546, or 1548 while attempting to enter 
     the United States, without delay, indicates an intention to 
     apply for asylum under section 208 or 241(b)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1158 and 1231), or 
     for relief under the Convention Against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment (in 
     accordance with section 208.17 of title 8, Code of Federal 
     Regulations), or 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, 
     or a credible fear of persecution or torture--
       ``(1) the person shall be referred to an appropriate 
     Federal immigration official to review such claim and make a 
     determination if such claim is warranted;
       ``(2) if the Federal immigration official determines that 
     the person qualifies for the claimed relief, the person shall 
     not be considered to have violated any such section; and
       ``(3) if the Federal immigration official determines that 
     the person does not qualify for the claimed relief, the 
     person shall be referred to an appropriate Federal official 
     for prosecution under this chapter.
       ``(b) Savings Provision.--Nothing in this section shall be 
     construed to diminish, increase, or alter the obligations of 
     refugees or the United States under article 31(1) of the 
     Convention Relating to the Status of Refugees, done at Geneva 
     July 28, 1951 (as made applicable by the Protocol Relating to 
     the Status of Refugees, done at New York January 31, 1967 (19 
     UST 6223)).''.
       (2) Clerical amendment.--The table of chapters in title 18, 
     United States Code, is amended by striking the item relating 
     to chapter 75 and inserting the following:

``75. Passport, visa, and immigration fraud.....................1541''.
       (b) Protection for Legitimate Refugees and Asylum 
     Seekers.--Section 208 (8 U.S.C. 1158) is amended by adding at 
     the end the following:
       ``(e) Protection for Legitimate Refugees and Asylum 
     Seekers.--The Attorney General, in consultation with the 
     Secretary of Homeland Security, shall develop binding 
     prosecution guidelines for federal prosecutors to ensure that 
     any prosecution of an alien seeking entry into the United 
     States by fraud is consistent with the written terms and 
     limitations of Article 31(1) of the Convention Relating to 
     the Status of Refugees, done at Geneva July 28, 1951 (as made 
     applicable by the Protocol Relating to the Status of 
     Refugees, done at New York January 31, 1967 (19 UST 
     6223)).''.

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

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

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

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

     SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

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

     SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

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

[[Page 5655]]

       (E) in paragraph (3), as redesignated--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) Instead of removal.--Subject to subparagraph (C), 
     permission to voluntarily depart under paragraph (1) shall 
     not be valid for any period in excess of 120 days. The 
     Secretary may require an alien permitted to voluntarily 
     depart under paragraph (1) to post a voluntary departure 
     bond, to be surrendered upon proof that the alien has 
     departed the United States within the time specified.'';
       (ii) by redesignating subparagraphs (B), (C), and (D) as 
     paragraphs (C), (D), and (E), respectively;
       (iii) by adding after subparagraph (A) the following:
       ``(B) Before the conclusion of removal proceedings.--
     Permission to voluntarily depart under paragraph (2) shall 
     not be valid for any period in excess of 60 days, and may be 
     granted only after a finding that the alien has the means to 
     depart the United States and intends to do so. An alien 
     permitted to voluntarily depart under paragraph (2) shall 
     post a voluntary departure bond, in an amount necessary to 
     ensure that the alien will depart, to be surrendered upon 
     proof that the alien has departed the United States within 
     the time specified. An immigration judge may waive the 
     requirement to post a voluntary departure bond in individual 
     cases upon a finding that the alien has presented compelling 
     evidence that the posting of a bond will pose a serious 
     financial hardship and the alien has presented credible 
     evidence that such a bond is unnecessary to guarantee timely 
     departure.'';
       (iv) in subparagraph (C), as redesignated, by striking 
     ``subparagraphs (C) and(D)(ii)'' and inserting 
     ``subparagraphs (D) and (E)(ii)'';
       (v) in subparagraph (D), as redesignated, by striking 
     ``subparagraph (B)'' each place that term appears and 
     inserting ``subparagraph (C)''; and
       (vi) in subparagraph (E), as redesignated, by striking 
     ``subparagraph (B)'' each place that term appears and 
     inserting ``subparagraph (C)''; and
       (F) in paragraph (4), by striking ``paragraph (1)'' and 
     inserting ``paragraphs (1) and (2)'';
       (2) in subsection (b)(2), by striking ``a period exceeding 
     60 days'' and inserting ``any period in excess of 45 days'';
       (3) by amending subsection (c) to read as follows:
       ``(c) Conditions on Voluntary Departure.--
       ``(1) Voluntary departure agreement.--Voluntary departure 
     may only be granted as part of an affirmative agreement by 
     the alien. A voluntary departure agreement under subsection 
     (b) shall include a waiver of the right to any further 
     motion, appeal, application, petition, or petition for review 
     relating to removal or relief or protection from removal.
       ``(2) Concessions by the secretary.--In connection with the 
     alien's agreement to depart voluntarily under paragraph (1), 
     the Secretary of Homeland Security may agree to a reduction 
     in the period of inadmissibility under subparagraph (A) or 
     (B)(i) of section 212(a)(9).
       ``(3) Advisals.--Agreements relating to voluntary departure 
     granted during removal proceedings under section 240, or at 
     the conclusion of such proceedings, shall be presented on the 
     record before the immigration judge. The immigration judge 
     shall advise the alien of the consequences of a voluntary 
     departure agreement before accepting such agreement.
       ``(4) Failure to comply with agreement.--
       ``(A) In general.--If an alien agrees to voluntary 
     departure under this section and fails to depart the United 
     States within the time allowed for voluntary departure or 
     fails to comply with any other terms of the agreement 
     (including failure to timely post any required bond), the 
     alien is--
       ``(i) ineligible for the benefits of the agreement;
       ``(ii) subject to the penalties described in subsection 
     (d); and
       ``(iii) subject to an alternate order of removal if 
     voluntary departure was granted under subsection (a)(2) or 
     (b).
       ``(B) Effect of filing timely appeal.--If, after agreeing 
     to voluntary departure, the alien files a timely appeal of 
     the immigration judge's decision granting voluntary 
     departure, the alien may pursue the appeal instead of the 
     voluntary departure agreement. Such appeal operates to void 
     the alien's voluntary departure agreement and the 
     consequences of such agreement, but precludes the alien from 
     another grant of voluntary departure while the alien remains 
     in the United States.
       ``(5) Voluntary departure period not affected.--Except as 
     expressly agreed to by the Secretary in writing in the 
     exercise of the Secretary's discretion before the expiration 
     of the period allowed for voluntary departure, no motion, 
     appeal, application, petition, or petition for review shall 
     affect, reinstate, enjoin, delay, stay, or toll the alien's 
     obligation to depart from the United States during the period 
     agreed to by the alien and the Secretary.'';
       (4) by amending subsection (d) to read as follows:
       ``(d) Penalties for Failure to Depart.--If an alien is 
     permitted to voluntarily depart under this section and fails 
     to voluntarily depart from the United States within the time 
     period specified or otherwise violates the terms of a 
     voluntary departure agreement, the alien will be subject to 
     the following penalties:
       ``(1) Civil penalty.--The alien shall be liable for a civil 
     penalty of $3,000. The order allowing voluntary departure 
     shall specify the amount of the penalty, which shall be 
     acknowledged by the alien on the record. If the Secretary 
     thereafter establishes that the alien failed to depart 
     voluntarily within the time allowed, no further procedure 
     will be necessary to establish the amount of the penalty, and 
     the Secretary may collect the civil penalty at any time 
     thereafter and by whatever means provided by law. An alien 
     will be ineligible for any benefits under this chapter until 
     this civil penalty is paid.
       ``(2) Ineligibility for relief.--The alien shall be 
     ineligible during the time the alien remains in the United 
     States and for a period of 10 years after the alien's 
     departure for any further relief under this section and 
     sections 240A, 245, 248, and 249. The order permitting the 
     alien to depart voluntarily shall inform the alien of the 
     penalties under this subsection.
       ``(3) Reopening.--The alien shall be ineligible to reopen 
     the final order of removal that took effect upon the alien's 
     failure to depart, or upon the alien's other violations of 
     the conditions for voluntary departure, during the period 
     described in paragraph (2). This paragraph does not preclude 
     a motion to reopen to seek withholding of removal under 
     section 241(b)(3) or protection against torture, if the 
     motion--
       ``(A) presents material evidence of changed country 
     conditions arising after the date of the order granting 
     voluntary departure in the country to which the alien would 
     be removed; and
       ``(B) makes a sufficient showing to the satisfaction of the 
     Attorney General that the alien is otherwise eligible for 
     such protection.''; and
       (5) by amending subsection (e) to read as follows:
       ``(e) Eligibility.--
       ``(1) Prior grant of voluntary departure.--An alien shall 
     not be permitted to voluntarily depart under this section if 
     the Secretary of Homeland Security or the Attorney General 
     previously permitted the alien to depart voluntarily.
       ``(2) Rulemaking.--The Secretary may promulgate regulations 
     to limit eligibility or impose additional conditions for 
     voluntary departure under subsection (a)(1) for any class of 
     aliens. The Secretary or Attorney General may by regulation 
     limit eligibility or impose additional conditions for 
     voluntary departure under subsections (a)(2) or (b) of this 
     section for any class or classes of aliens.''; and
       (6) in subsection (f), by adding at the end the following: 
     ``Notwithstanding section 242(a)(2)(D) of this Act, sections 
     1361, 1651, and 2241 of title 28, United States Code, any 
     other habeas corpus provision, and any other provision of law 
     (statutory or nonstatutory), no court shall have jurisdiction 
     to affect, reinstate, enjoin, delay, stay, or toll the period 
     allowed for voluntary departure under this section.''.
       (b) Rulemaking.--The Secretary shall promulgate regulations 
     to provide for the imposition and collection of penalties for 
     failure to depart under section 240B(d) of the Immigration 
     and Nationality Act (8 U.S.C. 1229c(d)).
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     all orders granting voluntary departure under section 240B of 
     the Immigration and Nationality Act (8 U.S.C. 1229c) made on 
     or after the date that is 180 days after the enactment of 
     this Act.
       (2) Exception.--The amendment made by subsection (a)(6) 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to any petition for review which 
     is filed on or after such date.

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

       (a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C. 
     1182(a)(9)(A)) is amended--
       (1) in clause (i), by striking ``seeks admission within 5 
     years of the date of such removal (or within 20 years'' and 
     inserting ``seeks admission not later than 5 years after the 
     date of the alien's removal (or not later than 20 years after 
     the alien's removal''; and
       (2) in clause (ii), by striking ``seeks admission within 10 
     years of the date of such alien's departure or removal (or 
     within 20 years of'' and inserting ``seeks admission not 
     later than 10 years after the date of the alien's departure 
     or removal (or not later than 20 years after''.
       (b) Bar on Discretionary Relief.--Section 274D (9 U.S.C. 
     324d) is amended--
       (1) in subsection (a), by striking ``Commissioner'' and 
     inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(c) Ineligibility for Relief.--
       ``(1) In general.--Unless a timely motion to reopen is 
     granted under section 240(c)(6),

[[Page 5656]]

     an alien described in subsection (a) shall be ineligible for 
     any discretionary relief from removal (including cancellation 
     of removal and adjustment of status) during the time the 
     alien remains in the United States and for a period of 10 
     years after the alien's departure from the United States.
       ``(2) Savings provision.--Nothing in paragraph (1) shall 
     preclude a motion to reopen to seek withholding of removal 
     under section 241(b)(3) or protection against torture, if the 
     motion--
       ``(A) presents material evidence of changed country 
     conditions arising after the date of the final order of 
     removal in the country to which the alien would be removed; 
     and
       ``(B) makes a sufficient showing to the satisfaction of the 
     Attorney General that the alien is otherwise eligible for 
     such protection.''.
       (c) Effective Dates.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     with respect to aliens who are subject to a final order of 
     removal entered on or after such date.

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

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

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

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

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

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

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

     SEC. 215. DIPLOMATIC SECURITY SERVICE.

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

     SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

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

     SEC. 217. CONSTRUCTION.

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

     ``SEC. 362. CONSTRUCTION.

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

``Sec. 362. Construction.''.

     SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       (a) Reimbursement for Costs Associated With Processing 
     Criminal Illegal Aliens.--The Secretary shall reimburse 
     States and units of local government for costs associated 
     with processing undocumented criminal aliens through the 
     criminal justice system, including--
       (1) indigent defense;
       (2) criminal prosecution;
       (3) autopsies;
       (4) translators and interpreters; and
       (5) courts costs.
       (b) Authorization of Appropriations.--
       (1) Processing criminal illegal aliens.--There are 
     authorized to be appropriated $400,000,000 for each of the 
     fiscal years 2007 through 2012 to carry out subsection (a).
       (2) Compensation upon request.--Section 241(i)(5) (8 U.S.C. 
     1231(i)) is amended to read as follows:
       ``(5) There are authorized to be appropriated to carry this 
     subsection--
       ``(A) such sums as may be necessary for fiscal year 2007;
       ``(B) $750,000,000 for fiscal year 2008;

[[Page 5657]]

       ``(C) $850,000,000 for fiscal year 2009; and
       ``(D) $950,000,000 for each of the fiscal years 2010 
     through 2012.''.
       (c) Technical Amendment.--Section 501 of the Immigration 
     Reform and Control Act of 1986 (8 U.S.C. 1365) is amended by 
     striking ``Attorney General'' each place it appears and 
     inserting ``Secretary of Homeland Security''.

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

       (a) In General.--The Secretary shall provide sufficient 
     transportation and officers to take illegal aliens 
     apprehended by State and local law enforcement officers into 
     custody for processing at a detention facility operated by 
     the Department.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     fiscal years 2007 through 2011 to carry out this section.

     SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON 
                   TRIBAL LANDS.

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

     SEC. 221. ALTERNATIVES TO DETENTION.

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

     SEC. 222. CONFORMING AMENDMENT.

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

     SEC. 223. REPORTING REQUIREMENTS.

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

[[Page 5658]]

     factor. If the alien failed to comply with the requirements 
     of section 265 after becoming subject to a final order of 
     removal, deportation, or exclusion, the alien's failure shall 
     be considered as a strongly negative factor with respect to 
     any discretionary motion for reopening or reconsideration 
     filed by the alien.'';
       (2) in subsection (c), by inserting ``or a notice of 
     current address'' before ``containing statements''; and
       (3) in subsections (c) and (d), by striking ``Attorney 
     General'' each place it appears and inserting ``Secretary''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to proceedings 
     initiated on or after the date of the enactment of this Act.
       (2) Conforming and technical amendments.--The amendments 
     made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection 
     (a) are effective as if enacted on March 1, 2003.

     SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION 
                   LAWS.

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

     SEC. 225. REMOVAL OF DRUNK DRIVERS.

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

     SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.

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

     SEC. 227. EXPEDITED REMOVAL.

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

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

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

     SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

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

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

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

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

       ``(a) Authority.--Notwithstanding any other provision of 
     law, law enforcement personnel of a State, or a political 
     subdivision of a State, have the inherent authority of a 
     sovereign entity to investigate, apprehend, arrest, detain, 
     or transfer to Federal custody (including the transportation 
     across State lines to detention centers) an alien for the 
     purpose of assisting in the enforcement of the criminal 
     provisions of the immigration laws of the United States in 
     the normal course of carrying out the law enforcement duties 
     of such personnel. This State authority has never been 
     displaced or preempted by a Federal law.
       ``(b) Construction.--Nothing in this section shall be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.
       ``(c) Transfer.--If the head of a law enforcement entity of 
     a State (or, if appropriate, a political subdivision of the 
     State) exercising authority with respect to the apprehension 
     or arrest of an alien submits a request to the Secretary of 
     Homeland Security that the alien be taken into Federal 
     custody, the Secretary of Homeland Security--
       ``(1) shall--
       ``(A) deem the request to include the inquiry to verify 
     immigration status described in section 642(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373(c)), and expeditiously inform the requesting 
     entity whether such individual is an alien lawfully admitted 
     to the United States or is otherwise lawfully present in the 
     United States; and
       ``(B) if the individual is an alien who is not lawfully 
     admitted to the United States or otherwise is not lawfully 
     present in the United States--
       ``(i) take the illegal alien into the custody of the 
     Federal Government not later than 72 hours after--

       ``(I) the conclusion of the State charging process or 
     dismissal process; or
       ``(II) the illegal alien is apprehended, if no State 
     charging or dismissal process is required; or

       ``(ii) request that the relevant State or local law 
     enforcement agency temporarily detain or transport the alien 
     to a location for transfer to Federal custody; and
       ``(2) shall designate at least 1 Federal, State, or local 
     prison or jail or a private contracted prison or detention 
     facility within

[[Page 5659]]

     each State as the central facility for that State to transfer 
     custody of aliens to the Department of Homeland Security.
       ``(d) Reimbursement.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     reimburse a State, or a political subdivision of a State, for 
     expenses, as verified by the Secretary, incurred by the State 
     or political subdivision in the detention and transportation 
     of an alien as described in subparagraphs (A) and (B) of 
     subsection (c)(1).
       ``(2) Cost computation.--Compensation provided for costs 
     incurred under subparagraphs (A) and (B) of subsection (c)(1) 
     shall be--
       ``(A) the product of--
       ``(i) the average daily cost of incarceration of a prisoner 
     in the relevant State, as determined by the chief executive 
     officer of a State (or, as appropriate, a political 
     subdivision of the State); multiplied by
       ``(ii) the number of days that the alien was in the custody 
     of the State or political subdivision; plus
       ``(B) the cost of transporting the alien from the point of 
     apprehension or arrest to the location of detention, and if 
     the location of detention and of custody transfer are 
     different, to the custody transfer point; plus
       ``(C) the cost of uncompensated emergency medical care 
     provided to a detained alien during the period between the 
     time of transmittal of the request described in subsection 
     (c) and the time of transfer into Federal custody.
       ``(e) Requirement for Appropriate Security.--The Secretary 
     of Homeland Security shall ensure that--
       ``(1) aliens incarcerated in a Federal facility pursuant to 
     this section are held in facilities which provide an 
     appropriate level of security; and
       ``(2) if practicable, aliens detained solely for civil 
     violations of Federal immigration law are separated within a 
     facility or facilities.
       ``(f) Requirement for Schedule.--In carrying out this 
     section, the Secretary of Homeland Security shall establish a 
     regular circuit and schedule for the prompt transportation of 
     apprehended aliens from the custody of those States, and 
     political subdivisions of States, which routinely submit 
     requests described in subsection (c), into Federal custody.
       ``(g) Authority for Contracts.--
       ``(1) In general.--The Secretary of Homeland Security may 
     enter into contracts or cooperative agreements with 
     appropriate State and local law enforcement and detention 
     agencies to implement this section.
       ``(2) Determination by secretary.--Prior to entering into a 
     contract or cooperative agreement with a State or political 
     subdivision of a State under paragraph (1), the Secretary 
     shall determine whether the State, or if appropriate, the 
     political subdivision in which the agencies are located, has 
     in place any formal or informal policy that violates section 
     642 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary 
     shall not allocate any of the funds made available under this 
     section to any State or political subdivision that has in 
     place a policy that violates such section.''.
       (b) Authorization of Appropriations for the Detention and 
     Transportation to Federal Custody of Aliens Not Lawfully 
     Present.--There are authorized to be appropriated 
     $850,000,000 for fiscal year 2007 and each subsequent fiscal 
     year for the detention and removal of aliens not lawfully 
     present in the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et. seq.).

     SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.

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

     SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

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

     SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.

       Not later than 2 years after the date of the enactment of 
     this Act, the Secretary shall negotiate and execute, where 
     practicable, a cooperative enforcement agreement described in 
     section 287(g) of the Immigration and Nationality Act (8 
     U.S.C. 1357(g)) with at least 1 law enforcement agency in 
     each State, to train law enforcement officers in the 
     detection and apprehension of individuals engaged in 
     transporting, harboring, sheltering, or encouraging aliens in 
     violation of section 274 of such Act (8 U.S.C. 1324).

     SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND THE 
                   UTILIZATION OF FACILITIES IDENTIFIED FOR 
                   CLOSURES AS A RESULT OF THE DEFENSE BASE 
                   CLOSURE REALIGNMENT ACT OF 1990.

       (a) Construction or Acquisition of Detention Facilities.--
       (1) In general.--The Secretary shall construct or acquire, 
     in addition to existing facilities for the detention of 
     aliens, 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. The detention 
     facilities shall be located so as to enable the officers and 
     employees of the Department to increase to the maximum extent 
     practicable the annual rate and level of removals of illegal 
     aliens from the United States.
       (3) Use of installations under base closure laws.--In 
     acquiring detention facilities under this subsection, the 
     Secretary shall consider the transfer of appropriate portions 
     of military installations approved for closure or realignment 
     under the Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note) for use in accordance with paragraph (1).
       (b) Technical and Conforming Amendment.--Section 241(g)(1) 
     (8 U.S.C. 1231(g)(1)) is amended by striking ``may expend'' 
     and inserting ``shall expend''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS 
                   CHARGED WITH FEDERAL OFFENSES.

       (a) Responsibility of United States Attorneys.--Beginning 
     not later than 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

[[Page 5660]]

     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 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 not later than 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) Construction.--Nothing in this section may be construed 
     to provide a basis for admitting evidence to a jury or 
     releasing information to the public regarding an alien's 
     immigration status.
       (e) Annual Report to Congress.--The Director of the 
     Administrative Office of the United States Courts shall 
     include, in the annual report filed with 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.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2007 through 
     2011, such sums as may be necessary to carry out this Act. 
     Funds appropriated pursuant to this subsection in any fiscal 
     year shall remain available until expended.

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

       ``(a) Making Employment of Unauthorized Aliens Unlawful.--
       ``(1) In general.--It is unlawful for an employer--
       ``(A) to hire, or to recruit or refer for a fee, an alien 
     for employment in the United States knowing, or with reason 
     to know, that the alien is an unauthorized alien with respect 
     to such employment; or
       ``(B) to hire, or to recruit or refer for a fee, for 
     employment in the United States an individual unless such 
     employer meets the requirements of subsections (c) and (d).
       ``(2) Continuing employment.--It is unlawful for an 
     employer, after lawfully hiring an alien for employment, to 
     continue to employ the alien in the United States knowing or 
     with reason to know that the alien is (or has become) an 
     unauthorized alien with respect to such employment.
       ``(3) Use of labor through contract.--In this section, an 
     employer who uses a contract, subcontract, or exchange, 
     entered into, renegotiated, or extended after the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006, to obtain the labor of an alien in the United States 
     knowing, or with reason to know, that the alien is an 
     unauthorized alien with respect to performing such labor, 
     shall be considered to have hired the alien for employment in 
     the United States in violation of paragraph (1)(A).
       ``(4) Rebuttable presumption of unlawful hiring.--If the 
     Secretary determines that an employer has hired more than 10 
     unauthorized aliens during a calendar year, a rebuttable 
     presumption is created for the purpose of a civil enforcement 
     proceeding, that the employer knew or had reason to know that 
     such aliens were unauthorized.
       ``(5) Defense.--
       ``(A) In general.--Subject to subparagraph (B), an employer 
     that establishes that the employer has complied in good faith 
     with the requirements of subsections (c) and (d) has 
     established an affirmative defense that the employer has not 
     violated paragraph (1)(A) with respect to such hiring, 
     recruiting, or referral.
       ``(B) Exception.--Until the date that an employer is 
     required to participate in the Electronic Employment 
     Verification System under subsection (d) or is permitted to 
     participate in such System on a voluntary basis, the employer 
     may establish an affirmative defense under subparagraph (A) 
     without a showing of compliance with subsection (d).
       ``(b) Order of Internal Review and Certification of 
     Compliance.--
       ``(1) Authority to require certification.--If the Secretary 
     has reasonable cause to believe that an employer has failed 
     to comply with this section, the Secretary is authorized, at 
     any time, to require that the employer certify that the 
     employer is in compliance with this section, or has 
     instituted a program to come into compliance.
       ``(2) Content of certification.--Not later than 60 days 
     after the date an employer receives a request for a 
     certification under paragraph (1) the chief executive officer 
     or similar official of the employer shall certify under 
     penalty of perjury that--
       ``(A) the employer is in compliance with the requirements 
     of subsections (c) and (d); or
       ``(B) that the employer has instituted a program to come 
     into compliance with such requirements.
       ``(3) Extension.--The 60-day period referred to in 
     paragraph (2), may be extended by the Secretary for good 
     cause, at the request of the employer.
       ``(4) Publication.--The Secretary is authorized to publish 
     in the Federal Register standards or methods for 
     certification and for specific record-keeping practices with 
     respect to such certification, and procedures for the audit 
     of any records related to such certification.
       ``(c) Document Verification Requirements.--An employer 
     hiring, or recruiting or referring for a fee, an individual 
     for employment in the United States shall take all reasonable 
     steps to verify that the individual is eligible for such 
     employment. Such steps shall include meeting the requirements 
     of subsection (d) and the following paragraphs:
       ``(1) Attestation by employer.--
       ``(A) Requirements.--
       ``(i) In general.--The employer shall attest, under penalty 
     of perjury and on a form prescribed by the Secretary, that 
     the employer has verified the identity and eligibility for 
     employment of the individual by examining--

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

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

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

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

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

       ``(D) Documents establishing identity of individual.--A 
     document described in this subparagraph is an individual's--
       ``(i) driver's license or identity card issued by a State, 
     the Commonwealth of the Northern Mariana Islands, or an 
     outlying possession of the United States that complies with

[[Page 5661]]

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

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

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

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

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

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

       ``(E) Authority to prohibit use of certain documents.--
       ``(i) Authority.--If the Secretary finds that a document or 
     class of documents described in subparagraph (B), (C), or (D) 
     is not reliable to establish identity or eligibility for 
     employment (as the case may be) or is being used fraudulently 
     to an unacceptable degree, the Secretary is authorized to 
     prohibit, or impose conditions, on the use of such document 
     or class of documents for purposes of this subsection.
       ``(ii) Requirement for publication.--The Secretary shall 
     publish notice of any findings under clause (i) in the 
     Federal Register.
       ``(2) Attestation of employee.--
       ``(A) Requirements.--
       ``(i) In general.--The individual shall attest, under 
     penalty of perjury on the form prescribed by the Secretary, 
     that the individual is a national of the United States, an 
     alien lawfully admitted for permanent residence, or an alien 
     who is authorized under this Act or by the Secretary to be 
     hired, recruited or referred for a fee, in the United States.
       ``(ii) Signature for examination.--An attestation required 
     by clause (i) may be manifested by a handwritten or 
     electronic signature.
       ``(B) Penalties.--An individual who falsely represents that 
     the individual is eligible for employment in the United 
     States in an attestation required by subparagraph (A) shall, 
     for each such violation, be subject to a fine of not more 
     than $5,000, a term of imprisonment not to exceed 3 years, or 
     both.
       ``(3) Retention of attestation.--An employer shall retain a 
     paper, microfiche, microfilm, or electronic version of an 
     attestation submitted under paragraph (1) or (2) for an 
     individual and make such attestations available for 
     inspection by an officer of the Department of Homeland 
     Security, any other person designated by the Secretary, the 
     Special Counsel for Immigration-Related Unfair Employment 
     Practices of the Department of Justice, or the Secretary of 
     Labor during a period beginning on the date of the hiring, or 
     recruiting or referring for a fee, of the individual and 
     ending--
       ``(A) in the case of the recruiting or referral for a fee 
     (without hiring) of an individual, 7 years after the date of 
     the recruiting or referral; or
       ``(B) in the case of the hiring of an individual the later 
     of--
       ``(i) 7 years after the date of such hiring;
       ``(ii) 1 year after the date the individual's employment is 
     terminated; or
       ``(iii) in the case of an employer or class of employers, a 
     period that is less than the applicable period described in 
     clause (i) or (ii) if the Secretary reduces such period for 
     such employer or class of employers.
       ``(4) Document retention and record keeping requirements.--
       ``(A) Retention of documents.--An employer shall retain, 
     for the applicable period described in paragraph (3), the 
     following documents:
       ``(i) In general.--Notwithstanding any other provision of 
     law, the employer shall copy all documents presented by an 
     individual pursuant to this subsection and shall retain 
     paper, microfiche, microfilm, or electronic copies of such 
     documents. Such copies shall reflect the signature of the 
     employer and the individual and the date of receipt of such 
     documents.
       ``(ii) Use of retained documents.--An employer shall use 
     copies retained under clause (i) only for the purposes of 
     complying with the requirements of this subsection, except as 
     otherwise permitted under law.
       ``(B) Retention of social security correspondence.--The 
     employer shall maintain records related to an individual of 
     any no-match notice from the Commissioner of Social Security 
     regarding the individual's name or corresponding social 
     security account number and the steps taken to resolve each 
     issue described in the no-match notice.
       ``(C) Retention of clarification documents.--The employer 
     shall maintain records of any actions and copies of any 
     correspondence or action taken by the employer to clarify or 
     resolve any issue that raises reasonable doubt as to the 
     validity of the individual's identity or eligibility for 
     employment in the United States.
       ``(D) Retention of other records.--The Secretary may 
     require that an employer retain copies of additional records 
     related to the individual for the purposes of this section.
       ``(5) Penalties.--An employer that fails to comply with the 
     requirement of this subsection shall be subject to the 
     penalties described in subsection (e)(4)(B).
       ``(6) No authorization of national identification cards.--
     Nothing in this section may be construed to authorize, 
     directly or indirectly, the issuance, use, or establishment 
     of a national identification card.
       ``(d) Electronic Employment Verifi-
     cation System.--
       ``(1) Requirement for system.--The Secretary, in 
     cooperation with the Commissioner of Social Security, shall 
     implement an Electronic Employment Verification System 
     (referred to in this subsection as the `System') as described 
     in this subsection.
       ``(2) Management of system.--
       ``(A) In general.--The Secretary shall, through the 
     System--
       ``(i) provide a response to an inquiry made by an employer 
     through the Internet or other electronic media or over a 
     telephone line regarding an individual's identity and 
     eligibility for employment in the United States;
       ``(ii) establish a set of codes to be provided through the 
     System to verify such identity and authorization; and
       ``(iii) maintain a record of each such inquiry and the 
     information and codes provided in response to such inquiry.
       ``(B) Initial response.--Not later than 3 days after an 
     employer submits an inquiry to the System regarding an 
     individual, the Secretary shall provide, through the System, 
     to the employer--
       ``(i) if the System is able to confirm the individual's 
     identity and eligibility for employment in the United States, 
     a confirmation notice, including the appropriate codes on 
     such confirmation notice; or
       ``(ii) if the System is unable to confirm the individual's 
     identity or eligibility for employment in the United States, 
     a tentative nonconfirmation notice, including the appropriate 
     codes for such nonconfirmation notice.
       ``(C) Verification process in case of a tentative 
     nonconfirmation notice.--
       ``(i) In general.--If a tentative nonconfirmation notice is 
     issued under subparagraph (B)(ii), not later than 10 days 
     after the date an individual submits information to contest 
     such notice under paragraph (7)(C)(ii)(III), the Secretary, 
     through the System, shall issue a final confirmation notice 
     or a final nonconfirmation notice to the employer, including 
     the appropriate codes for such notice.
       ``(ii) Development of process.--The Secretary shall consult 
     with the Commissioner of Social Security to develop a 
     verification process to be used to provide a final 
     confirmation notice or a final nonconfirmation notice under 
     clause (i).
       ``(D) Design and operation of system.--The Secretary, in 
     consultation with the Commissioner of Social Security, shall 
     design and operate the System--
       ``(i) to maximize reliability and ease of use by employers 
     in a manner that protects and maintains the privacy and 
     security of the information maintained in the System;
       ``(ii) to respond to each inquiry made by an employer; and
       ``(iii) to track and record any occurrence when the System 
     is unable to receive such an inquiry;
       ``(iv) to include appropriate administrative, technical, 
     and physical safeguards to prevent unauthorized disclosure of 
     personal information;
       ``(v) to allow for monitoring of the use of the System and 
     provide an audit capability; and
       ``(vi) to have reasonable safeguards, developed in 
     consultation with the Attorney General, to prevent employers 
     from engaging in unlawful discriminatory practices, based on 
     national origin or citizenship status.
       ``(E) Responsibilities of the commissioner of social 
     security.--The Commissioner of Social Security shall 
     establish a reliable, secure method to provide through the 
     System, within the time periods required by subparagraphs (B) 
     and (C)--
       ``(i) a determination of whether the name and social 
     security account number provided in an inquiry by an employer 
     match such information maintained by the Commissioner in 
     order to confirm the validity of the information provided;
       ``(ii) a determination of whether such social security 
     account number was issued to the named individual;
       ``(iii) a determination of whether such social security 
     account number is valid for employment in the United States; 
     and

[[Page 5662]]

       ``(iv) a confirmation notice or a nonconfirmation notice 
     under subparagraph (B) or (C), in a manner that ensures that 
     other information maintained by the Commissioner is not 
     disclosed or released to employers through the System.
       ``(F) Responsibilities of the secretary.--The Secretary 
     shall establish a reliable, secure method to provide through 
     the System, within the time periods required by subparagraphs 
     (B) and (C)--
       ``(i) a determination of whether the name and alien 
     identification or authorization number provided in an inquiry 
     by an employer match such information maintained by the 
     Secretary in order to confirm the validity of the information 
     provided;
       ``(ii) a determination of whether such number was issued to 
     the named individual;
       ``(iii) a determination of whether the individual is 
     authorized to be employed in the United States; and
       ``(iv) any other related information that the Secretary may 
     require.
       ``(G) Updating information.--The Commissioner of Social 
     Security and the Secretary shall update the information 
     maintained in the System in a manner that promotes maximum 
     accuracy and shall provide a process for the prompt 
     correction of erroneous information.
       ``(3) Requirements for participation.--Except as provided 
     in paragraphs (4) and (5), the Secretary shall require 
     employers to participate in the System as follows:
       ``(A) Critical employers.--
       ``(i) Required participation.--As of the date that is 180 
     days after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006, the Secretary shall require 
     any employer or class of employers to participate in the 
     System, with respect to employees hired by the employer prior 
     to, on, or after such date of enactment, if the Secretary 
     determines, in the Secretary's sole and unreviewable 
     discretion, such employer or class of employer is--

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

       ``(ii) Discretionary participation.--As of the date that is 
     180 days after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006, the Secretary may require an 
     additional employer or class of employers to participate in 
     the System with respect to employees hired on or after such 
     date if the Secretary designates such employer or class of 
     employers, in the Secretary's sole and unreviewable 
     discretion, as a critical employer based on immigration 
     enforcement or homeland security needs.
       ``(B) Large employers.--Not later than 2 years after the 
     date of the enactment of the Comprehensive Immigration Reform 
     Act of 2006, the Secretary shall require an employer with 
     5,000 or more employees in the United States to participate 
     in the System, with respect to all employees hired by the 
     employer after the date the Secretary requires such 
     participation.
       ``(C) Midsized employers.--Not later than 3 years after the 
     date of enactment of the Comprehensive Immigration Reform Act 
     of 2006, the Secretary shall require an employer with less 
     than 5,000 employees and with 1,000 or more employees in the 
     United States to participate in the System, with respect to 
     all employees hired by the employer after the date the 
     Secretary requires such participation.
       ``(D) Small employers.--Not later than 4 years after the 
     date of the enactment of the Comprehensive Immigration Reform 
     Act of 2006, the Secretary shall require all employers with 
     less than 1,000 employees and with 250 or more employees in 
     the United States to participate in the System, with respect 
     to all employees hired by the employer after the date the 
     Secretary requires such participation.
       ``(E) Remaining employers.--Not later than 5 years after 
     the date of the enactment of the Comprehensive Immigration 
     Reform Act of 2006, the Secretary shall require all employers 
     in the United States to participate in the System, with 
     respect to all employees hired by an employer after the date 
     the Secretary requires such participation.
       ``(F) Requirement to publish.--The Secretary shall publish 
     in the Federal Register the requirements for participation in 
     the System as described in subparagraphs (A), (B), (C), (D), 
     and (E) prior to the effective date of such requirements.
       ``(4) Other participation in system.--Notwithstanding 
     paragraph (3), the Secretary has the authority, in the 
     Secretary's sole and unreviewable discretion--
       ``(A) to permit any employer that is not required to 
     participate in the System under paragraph (3) to participate 
     in the System on a voluntary basis; and
       ``(B) to require any employer that is required to 
     participate in the System under paragraph (3) with respect to 
     newly hired employees to participate in the System with 
     respect to all employees hired by the employer prior to, on, 
     or after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006, if the Secretary has 
     reasonable cause to believe that the employer has engaged in 
     violations of the immigration laws.
       ``(5) Waiver.--The Secretary is authorized to waive or 
     delay the participation requirements of paragraph (3) with 
     respect to any employer or class of employers if the 
     Secretary provides notice to Congress of such waiver prior to 
     the date such waiver is granted.
       ``(6) Consequence of failure to participate.--If an 
     employer is required to participate in the System and fails 
     to comply with the requirements of the System with respect to 
     an individual--
       ``(A) such failure shall be treated as a violation of 
     subsection (a)(1)(B) of this section with respect to such 
     individual; and
       ``(B) a rebuttable presumption is created that the employer 
     has violated subsection (a)(1)(A) of this section, however 
     such presumption may not apply to a prosecution under 
     subsection (f)(1).
       ``(7) System requirements.--
       ``(A) In general.--An employer that participates in the 
     System, with respect to the hiring, or recruiting or 
     referring for a fee, any individual for employment in the 
     United States, shall--
       ``(i) obtain from the individual and record on the form 
     designated by the Secretary--

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

       ``(ii) retain the original of such form and make such form 
     available for inspection for the periods and in the manner 
     described in subsection (c)(3).
       ``(B) Seeking verification.--The employer shall submit an 
     inquiry through the System to seek confirmation of the 
     individual's identity and eligibility for employment in the 
     United States--
       ``(i) not later than 3 working days (or such other 
     reasonable time as may be specified by the Secretary of 
     Homeland Security) after the date of the hiring, or 
     recruiting or referring for a fee, of the individual (as the 
     case may be); or
       ``(ii) in the case of an employee hired prior to the date 
     of enactment of the Comprehensive Immigration Reform Act of 
     2006, at such time as the Secretary shall specify.
       ``(C) Confirmation or nonconfirmation.--
       ``(i) Confirmation upon initial inquiry.--If an employer 
     receives a confirmation notice under paragraph (2)(B)(i) for 
     an individual, the employer shall record, on the form 
     specified by the Secretary, the appropriate code provided in 
     such notice.
       ``(ii) Nonconfirmation and verification.--

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

       ``(D) Consequences of nonconfirmation.--
       ``(i) Termination of continued employment.--If the employer 
     has received a final nonconfirmation regarding an individual, 
     the employer shall terminate the employment, recruitment, or 
     referral of the individual. Such employer shall provide to 
     the Secretary any information relating to the nonconfirmed 
     individual that the Secretary determines would assist the 
     Secretary in enforcing or administering the immigration laws. 
     If the employer continues to employ, recruit, or refer the 
     individual after receiving final nonconfirmation, a 
     rebuttable presumption is created that the employer has 
     violated subsections (a)(1)(A) and (a)(2). Such presumption 
     may not apply to a prosecution under subsection (f)(1).

[[Page 5663]]

       ``(8) Protection from liability.--No employer that 
     participates in the System shall be liable under any law for 
     any employment-related action taken with respect to an 
     individual in good faith reliance on information provided by 
     the System.
       ``(9) Limitation on use of the system.--Notwithstanding any 
     other provision of law, nothing in this subsection shall be 
     construed to permit or allow any department, bureau, or other 
     agency of the United States to utilize any information, 
     database, or other records used in the System for any purpose 
     other than as provided for under this subsection.
       ``(10) Modification authority.--The Secretary, after notice 
     is submitted to Congress and provided to the public in the 
     Federal Register, is authorized to modify the requirements of 
     this subsection, including requirements with respect to 
     completion of forms, method of storage, attestations, copying 
     of documents, signatures, methods of transmitting 
     information, and other operational and technical aspects to 
     improve the efficiency, accuracy, and security of the System.
       ``(11) Fees.--The Secretary is authorized to require any 
     employer participating in the System to pay a fee or fees for 
     such participation. The fees may be set at a level that will 
     recover the full cost of providing the System to all 
     participants. The fees shall be deposited and remain 
     available as provided in subsection (m) and (n) of section 
     286 and the System is providing an immigration adjudication 
     and naturalization service for purposes of section 286(n).
       ``(12) Report.--Not later than 1 year after the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006, the Secretary shall submit to Congress a report on the 
     capacity, systems integrity, and accuracy of the System.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     regarding potential violations of subsection (a);
       ``(B) for the investigation of those complaints that the 
     Secretary deems it appropriate to investigate; and
       ``(C) for the investigation of such other violations of 
     subsection (a), as the Secretary determines are appropriate.
       ``(2) Authority in investigations.--
       ``(A) In general.--In conducting investigations and 
     hearings under this subsection, officers and employees of the 
     Department of Homeland Security--
       ``(i) shall have reasonable access to examine evidence of 
     any employer being investigated; and
       ``(ii) if designated by the Secretary of Homeland Security, 
     may compel by subpoena the attendance of witnesses and the 
     production of evidence at any designated place in an 
     investigation or case under this subsection.
       ``(B) Failure to cooperate.--In case of refusal to obey a 
     subpoena lawfully issued under subparagraph (A)(ii), the 
     Secretary may request that the Attorney General apply in an 
     appropriate district court of the United States for an order 
     requiring compliance with such subpoena, and any failure to 
     obey such order may be punished by such court as contempt.
       ``(C) Department of labor.--The Secretary of Labor shall 
     have the investigative authority provided under section 11(a) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to 
     ensure compliance with the provisions of this title, or any 
     regulation or order issued under this title.
       ``(3) Compliance procedures.--
       ``(A) Prepenalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) disclose the material facts which establish the 
     alleged violation; and
       ``(iv) inform such employer that the employer shall have a 
     reasonable opportunity to make representations as to why a 
     claim for a monetary or other penalty should not be imposed.
       ``(B) Remission or mitigation of penalties.--
       ``(i) Petition by employer.--Whenever any employer receives 
     written notice of a fine or other penalty in accordance with 
     subparagraph (A), the employer may file within 30 days from 
     receipt of such notice, with the Secretary a petition for the 
     remission or mitigation of such fine or penalty, or a 
     petition for termination of the proceedings. The petition may 
     include any relevant evidence or proffer of evidence the 
     employer wishes to present, and shall be filed and considered 
     in accordance with procedures to be established by the 
     Secretary.
       ``(ii) Review by secretary.--If the Secretary finds that 
     such fine or other penalty was incurred erroneously, or finds 
     the existence of such mitigating circumstances as to justify 
     the remission or mitigation of such fine or penalty, the 
     Secretary may remit or mitigate such fine or other penalty on 
     the terms and conditions as the Secretary determines are 
     reasonable and just, or order termination of any proceedings 
     related to the notice. Such mitigating circumstances may 
     include good faith compliance and participation in, or 
     agreement to participate in, the System, if not otherwise 
     required.
       ``(iii) Applicability.--This subparagraph may not apply to 
     an employer that has or is engaged in a pattern or practice 
     of violations of paragraph (1)(A), (1)(B), or (2) of 
     subsection (a) or of any other requirements of this section.
       ``(C) Penalty claim.--After considering evidence and 
     representations offered by the employer pursuant to 
     subparagraph (B), the Secretary shall determine whether there 
     was a violation and promptly issue a written final 
     determination setting forth the findings of fact and 
     conclusions of law on which the determination is based and 
     the appropriate penalty.
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of paragraph (1)(A) 
     or (2) of subsection (a) shall pay civil penalties as 
     follows:
       ``(i) Pay a civil penalty of not less than $500 and not 
     more than $4,000 for each unauthorized alien with respect to 
     each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     under this subparagraph, pay a civil penalty of not less than 
     $4,000 and not more than $10,000 for each unauthorized alien 
     with respect to each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time under this subparagraph or has failed to comply with a 
     previously issued and final order related to any such 
     provision, pay a civil penalty of not less than $6,000 and 
     not more than $20,000 for each unauthorized alien with 
     respect to each such violation.
       ``(B) Record keeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     requirements of subsection (b), (c), or (d), shall pay a 
     civil penalty as follows:
       ``(i) Pay a civil penalty of not less than $200 and not 
     more than $2,000 for each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     under this subparagraph, pay a civil penalty of not less than 
     $400 and not more than $4,000 for each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time under this subparagraph or has failed to comply with a 
     previously issued and final order related to such 
     requirements, pay a civil penalty of $6,000 for each such 
     violation.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary may impose additional penalties for 
     violations, including cease and desist orders, specially 
     designed compliance plans to prevent further violations, 
     suspended fines to take effect in the event of a further 
     violation, and in appropriate cases, the civil penalty 
     described in subsection (g)(2).
       ``(D) Reduction of penalties.--Notwithstanding 
     subparagraphs (A), (B), and (C), the Secretary is authorized 
     to reduce or mitigate penalties imposed upon employers, based 
     upon factors including the employer's hiring volume, 
     compliance history, good faith implementation of a compliance 
     program, participation in a temporary worker program, and 
     voluntary disclosure of violations of this subsection to the 
     Secretary.
       ``(E) Adjustment for inflation.--All penalties in this 
     section may be adjusted every 4 years to account for 
     inflation, as provided by law.
       ``(5) Judicial review.--An employer adversely affected by a 
     final determination may, within 45 days after the date the 
     final determination is issued, file a petition in the Court 
     of Appeals for the appropriate circuit for review of the 
     order. The filing of a petition as provided in this paragraph 
     shall stay the Secretary's determination until entry of 
     judgment by the court. The burden shall be on the employer to 
     show that the final determination was not supported by 
     substantial evidence. The Secretary is authorized to require 
     that the petitioner provide, prior to filing for review, 
     security for payment of fines and penalties through bond or 
     other guarantee of payment acceptable to the Secretary.
       ``(6) Enforcement of orders.--If an employer fails to 
     comply with a final determination issued against that 
     employer under this subsection, and the final determination 
     is not subject to review as provided in paragraph (5), the 
     Attorney General may file suit to enforce compliance with the 
     final determination in any appropriate district court of the 
     United States. In any such suit, the validity and 
     appropriateness of the final determination shall not be 
     subject to review.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 6 months for the entire 
     pattern or practice, or both.

[[Page 5664]]

       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting such relief, including 
     a permanent or temporary injunction, restraining order, or 
     other order against the employer, as the Secretary deems 
     necessary.
       ``(g) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referring for a fee, of an individual, 
     to require the individual to post a bond or security, to pay 
     or agree to pay an amount, or otherwise to provide a 
     financial guarantee or indemnity, against any potential 
     liability arising under this section relating to such hiring, 
     recruiting, or referring of the individual.
       ``(2) Civil penalty.--Any employer which is determined, 
     after notice and opportunity for mitigation of the monetary 
     penalty under subsection (e), to have violated paragraph (1) 
     of this subsection shall be subject to a civil penalty of 
     $10,000 for each violation and to an administrative order 
     requiring the return of any amounts received in violation of 
     such paragraph to the employee or, if the employee cannot be 
     located, to the Employer Compliance Fund established under 
     section 286(w).
       ``(h) Prohibition on Award of Government Contracts, Grants, 
     and Agreements.--
       ``(1) Employers with no contracts, grants, or agreements.--
       ``(A) In general.--If an employer who does not hold a 
     Federal contract, grant, or cooperative agreement is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer shall be debarred from the receipt of a Federal 
     contract, grant, or cooperative agreement for a period of 2 
     years. The Secretary or the Attorney General shall advise the 
     Administrator of General Services of such a debarment, and 
     the Administrator of General Services shall list the employer 
     on the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs for a period of 2 years.
       ``(B) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive operation of this subsection or may limit the duration 
     or scope of the debarment.
       ``(2) Employers with contracts, grants, or agreements.--
       ``(A) In general.--An employer who holds a Federal 
     contract, grant, or cooperative agreement and is determined 
     by the Secretary of Homeland Secretary to be a repeat 
     violator of this section or is convicted of a crime under 
     this section, shall be debarred from the receipt of Federal 
     contracts, grants, or cooperative agreements for a period of 
     2 years.
       ``(B) Notice to agencies.--Prior to debarring the employer 
     under subparagraph (A), the Secretary, in cooperation with 
     the Administrator of General Services, shall advise any 
     agency or department holding a contract, grant, or 
     cooperative agreement with the employer of the Government's 
     intention to debar the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 2 years.
       ``(C) Waiver.--After consideration of the views of any 
     agency or department that holds a contract, grant, or 
     cooperative agreement with the employer, the Secretary may, 
     in lieu of debarring the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 2 years, waive operation of this subsection, limit 
     the duration or scope of the debarment, or may refer to an 
     appropriate lead agency the decision of whether to debar the 
     employer, for what duration, and under what scope in 
     accordance with the procedures and standards prescribed by 
     the Federal Acquisition Regulation. However, any proposed 
     debarment predicated on an administrative determination of 
     liability for civil penalty by the Secretary or the Attorney 
     General shall not be reviewable in any debarment proceeding. 
     The decision of whether to debar or take alternation shall 
     not be judicially reviewed.
       ``(3) Suspension.--Indictments for violations of this 
     section or adequate evidence of actions that could form the 
     basis for debarment under this subsection shall be considered 
     a cause for suspension under the procedures and standards for 
     suspension prescribed by the Federal Acquisition Regulation.
       ``(i) Miscellaneous Provisions.--
       ``(1) Documentation.--In providing documentation or 
     endorsement of authorization of aliens (other than aliens 
     lawfully admitted for permanent residence) eligible to be 
     employed in the United States, the Secretary shall provide 
     that any limitations with respect to the period or type of 
     employment or employer shall be conspicuously stated on the 
     documentation or endorsement.
       ``(2) Preemption.--The provisions of this section preempt 
     any State or local law--
       ``(A) imposing civil or criminal sanctions (other than 
     through licensing and similar laws) upon those who employ, or 
     recruit or refer for a fee for employment, unauthorized 
     aliens; or
       ``(B) requiring, as a condition of conducting, continuing, 
     or expanding a business, that a business entity--
       ``(i) provide, build, fund, or maintain a shelter, 
     structure, or designated area for use by day laborers at or 
     near its place of business; or
       ``(ii) take other steps that facilitate the employment of 
     day laborers by others.
       ``(j) Deposit of Amounts Received.--Except as otherwise 
     specified, civil penalties collected under this section shall 
     be deposited by the Secretary into the Employer Compliance 
     Fund established under section 286(w).
       ``(k) Definitions.--In this section:
       ``(1) Employer.--The term `employer' means any person or 
     entity, including any entity of the Government of the United 
     States, hiring, recruiting, or referring an individual for 
     employment in the United States.
       ``(2) No-match notice.--The term `no-match notice' means 
     written notice from the Commissioner of Social Security to an 
     employer reporting earnings on a Form W-2 that an employee 
     name or corresponding social security account number fail to 
     match records maintained by the Commissioner.
       ``(3) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(4) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary.''.
       (b) Conforming Amendment.--
       (1) Amendment.--Sections 401, 402, 403, 404, and 405 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a) 
     are repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under such sections 
     401, 402, 403, 404, and 405 in the Electronic Employment 
     Verification System established pursuant to such subsection 
     (d).
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date that is 180 days after 
     the date of the enactment of this Act.

     SEC. 302. EMPLOYER COMPLIANCE FUND.

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

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

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

     SEC. 304. CLARIFICATION OF INELIGIBILITY FOR 
                   MISREPRESENTATION.

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

          TITLE IV--TEMPORARY WORKER PROGRAMS AND VISA REFORM

          Subtitle A--Requirements for Participating Countries

     SEC. 401. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

       (a) In General.--An alien is not eligible for status as a 
     nonimmigrant under section

[[Page 5665]]

     101(a)(15)(W) of the Immigration and Nationality Act, as 
     added by section 501 of this Act, or deferred mandatory 
     departure status under section 218B of the Immigration and 
     Nationality Act, as added by section 601 of this Act, unless 
     the home country of the alien has entered into a bilateral 
     agreement with the United States that conforms to the 
     requirements under subsection (b).
       (b) Requirements of Bilateral Agreements.--Each agreement 
     under subsection (a) shall require the home country to--
       (1) accept, within 3 days, the return of nationals who are 
     ordered removed from the United States;
       (2) cooperate with the United States Government in--
       (A) identifying, tracking, and reducing gang membership, 
     violence, and human trafficking and smuggling; and
       (B) controlling illegal immigration;
       (3) provide the United States Government with--
       (A) passport information and criminal records of aliens who 
     are seeking admission to or are present in the United States; 
     and
       (B) admission and entry data to facilitate United States 
     entry-exit data systems;
       (4) take steps to educate nationals of the home country 
     regarding the program under title V or VI to ensure that such 
     nationals are not exploited; and
       (5) provide a minimum level of health coverage to its 
     participants.
       (c) Rulemaking.--
       (1) In general.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall, by regulation, define the minimum level of 
     health coverage to be provided by participating countries.
       (2) Responsibility to obtain coverage.--If the health 
     coverage provided by the home country falls below the minimum 
     level defined pursuant to paragraph (1), the employer of the 
     alien shall provide or the alien shall obtain coverage that 
     meets such minimum level.
       (d) Housing.--Participating countries shall agree to 
     evaluate means to provide housing incentives in the alien's 
     home country for returning workers.

           Subtitle B--Nonimmigrant Temporary Worker Program

     SEC. 411. NONIMMIGRANT TEMPORARY WORKER CATEGORY.

       (a) New Temporary Worker Category.--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 having a residence in a foreign country 
     which the alien has no intention of abandoning who is coming 
     temporarily to the United States to perform temporary labor 
     or service, other than that which would qualify an alien for 
     status under sections 101(a)(15)(H)(i), 101(a)(15)(H)(ii)(a), 
     101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), and who meets 
     the requirements of section 218A; or''.
       (b) Repeal of H-2b Category.--Section 101(a)(15)(H)(ii) is 
     amended by striking ``, or (b) having a residence in a 
     foreign country which he has no intention of abandoning who 
     is coming temporarily to the United States to perform other 
     temporary service or labor if unemployed persons capable of 
     performing such service or labor cannot be found in this 
     country, but this clause shall not apply to graduates of 
     medical schools coming to the United States to perform 
     services as members of the medical profession''.
       (c) 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. 412. TEMPORARY WORKER PROGRAM.

       (a) In General.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended by inserting after section 
     218 the following new section:

     ``SEC. 218A. TEMPORARY WORKER PROGRAM.

       ``(a) In General.--The Secretary of State may grant a 
     temporary visa to a nonimmigrant described in section 
     101(a)(15)(W) who demonstrates an intent to perform labor or 
     services in the United States (other than those occupational 
     classifications covered under the provisions of clause (i)(b) 
     or (ii)(a) of section 101(a)(15)(H) or subparagraph (L), (O), 
     (P), or (R)) of section 101(a)(15)).
       ``(b) Requirements for Admission.--In order to be eligible 
     for nonimmigrant status under section 101(a)(15)(H)(W), an 
     alien shall meet the following requirements:
       ``(1) Eligibility to work.--The alien shall establish that 
     the alien is capable of performing the labor or services 
     required for an occupation under section 101(a)(15)(W).
       ``(2) Evidence of employment.--The alien must establish 
     that he has a job offer from an employer authorized to hire 
     aliens under the Alien Employment Management Program.
       ``(3) Fee.--The alien shall pay a $500 visa issuance fee in 
     addition to the cost of processing and adjudicating such 
     application. Nothing in this paragraph shall be construed to 
     affect consular procedures for charging reciprocal fees.
       ``(4) Medical examination.--The alien shall undergo a 
     medical examination (including a determination of 
     immunization status) at the alien's expense, that conforms to 
     generally accepted standards of medical practice.
       ``(5) Application content and waiver.--
       ``(A) Application form.--The Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of being admitted as a 
     nonimmigrant under section 101(a)(15)(W).
       ``(B) Content.--In addition to any other information that 
     the Secretary determines is required to determine an alien's 
     eligibility for admission as a nonimmigrant under section 
     101(a)(15)(W), the Secretary shall require an alien to 
     provide information concerning the alien's physical and 
     mental health, criminal history and gang membership, 
     immigration history, involvement with groups or individuals 
     that have engaged in terrorism, genocide, persecution, or who 
     seek the overthrow of the United States Government, voter 
     registration history, claims to United States citizenship, 
     and tax history.
       ``(C) Waiver.--The Secretary of Homeland Security may 
     require an alien to include with the application a waiver of 
     rights that explains to the alien that, in exchange for the 
     discretionary benefit of admission as a nonimmigrant under 
     section 101(a)(15)(W), the alien 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 section 101(a)(15)(W).
       ``(D) 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 and statements on 
     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.
       ``(c) Grounds of Inadmissibility.--
       ``(1) In general.--In determining an alien's admissibility 
     as a nonimmigrant under section 101(a)(15)(W)--
       ``(A) paragraphs (5), (6)(A), (7), and (9)(B) or (C) of 
     section 212(a) may be waived for conduct that occurred on a 
     date prior to the effective date of this Act; and
       ``(B) the Secretary of Homeland Security may not waive--
       ``(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of 
     section 212(a)(2) (relating to criminals);
       ``(ii) section 212(a)(3) (relating to security and related 
     grounds); or
       ``(iii) subparagraphs (A), (C) or (D) of section 212(a)(10) 
     (relating to polygamists, child abductors and illegal 
     voters);
       ``(C) for conduct that occurred prior to the date this Act 
     was introduced in Congress, the Secretary of Homeland 
     Security may waive the application of any provision of 
     section 212(a) not listed in subparagraph (B) on behalf of an 
     individual alien for humanitarian purposes, to ensure family 
     unity, or when such waiver is otherwise in the public 
     interest; and
       ``(D) nothing in this paragraph shall be construed as 
     affecting the authority of the Secretary of Homeland Security 
     to waive the provisions of section 212(a).
       ``(2) Waiver fee.--An alien who is granted a waiver under 
     subparagraph (1) shall pay a $500 fee upon approval of the 
     alien's visa application.
       ``(3) Renewal of authorized admission and subsequent 
     admissions.--An alien seeking renewal of authorized admission 
     or subsequent admission as a nonimmigrant under section 
     101(a)(15)(W) shall establish that the alien is not 
     inadmissible under section 212(a).
       ``(d) Background Checks and Interview.--The Secretary of 
     Homeland Security shall not admit, and the Secretary of State 
     shall not issue a visa to, an alien seeking admission under 
     section 101(a)(15)(W) until all appropriate background checks 
     have been completed. The Secretary of State shall ensure that 
     an employee of the Department of State conducts a personal 
     interview of an applicant for a visa under section 
     101(a)(15)(W).
       ``(e) Ineligible to Change Nonimmigrant Classification.--An 
     alien admitted under section 101(a)(15)(W) is ineligible to 
     change status under section 248.
       ``(f) Duration.--
       ``(1) General.--The period of authorized admission as a 
     nonimmigrant under 101(a)(15)(W) shall be 2 years, and may 
     not be extended. An alien is ineligible to reenter as an 
     alien under 101(a)(15)(W) until the alien has resided 
     continuously in the alien's home country for a period of 1 
     year. The total period of admission as a nonimmigrant under 
     section 101(a)(15)(W) may not exceed 6 years.
       ``(2) Seasonal workers.--An alien who spends less than 6 
     months a year as a nonimmigrant described in section 
     101(a)(15)(W)

[[Page 5666]]

     is not subject to the time limitations under subparagraph 
     (1).
       ``(3) Commuters.--An alien who resides outside the United 
     States, but who commutes to the United States to work as a 
     nonimmigrant described in section 101(a)(15)(W), is not 
     subject to the time limitations under paragraph (1).
       ``(4) Deferred mandatory departure.--An alien granted 
     Deferred Mandatory Departure status, who remains in the 
     United States under such status for--
       ``(A) a period of 2 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 5 years;
       ``(B) a period of 3 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 4 years;
       ``(C) a period of 4 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 3 years; or
       ``(D) a period of 5 years, may not be granted status as a 
     nonimmigrant under section 101(a)(15)(W) for more than a 
     total of 2 years.
       ``(g) Intent to Return Home.--In addition to other 
     requirements in this section, an alien is not eligible for 
     nonimmigrant status under section 101(a)(15)(W) unless the 
     alien--
       ``(1) maintains a residence in a foreign country which the 
     alien has no intention of abandoning; and
       ``(2) is present in such foreign country for at least 7 
     consecutive days during each year that the alien is a 
     temporary worker.
       ``(h) Biometric Documentation.--Evidence of status under 
     section 101(a)(15)(W) 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. The 
     Secretary of Homeland Security shall consult with the 
     Forensic Document Laboratory in designing the document. The 
     document may serve as a travel, entry, and work authorization 
     document during the period of its validity.
       ``(i) Penalty for Failure to Depart.--An alien who fails to 
     depart the United States prior to 10 days after the date that 
     the alien's authorized period of admission as a temporary 
     worker ends 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, 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.
       ``(j) Penalty for Illegal Entry or Overstay.--An alien who, 
     after the effective date of enactment of the Comprehensive 
     Enforcement and Immigration Reform Act of 2005, enters the 
     United States without inspection, or violates a term or 
     condition of admission into the United States as a 
     nonimmigrant, including overstaying the period of authorized 
     admission, shall be ineligible for nonimmigrant status under 
     section 101(a)(15)(W) or Deferred Mandatory Departure status 
     under section 218B for a period of 10 years.
       ``(k) Establishment of Temporary Worker Task Force.--
       ``(1) In general.--There is established a task force to be 
     known as the Temporary Worker Task Force (referred to in this 
     section as the `Task Force').
       ``(2) Purposes.--The purposes of the Task Force are--
       ``(A) to study the impact of the admission of aliens under 
     section 101(a)(15)(W) on the wages, working conditions, and 
     employment of United States workers; and
       ``(B) to make recommendations to the Secretary of Labor 
     regarding the need for an annual numerical limitation on the 
     number of aliens that may be admitted in any fiscal year 
     under section 101(a)(15)(W).
       ``(3) Membership.--The Task Force shall be composed of 10 
     members, of whom--
       ``(A) 1 shall be appointed by the President and shall serve 
     as chairman of the Task Force;
       ``(B) 1 shall be appointed by the leader of the minority 
     party in the Senate, in consultation with the leader of the 
     minority party in the House of Representatives, and shall 
     serve as vice chairman of the Task Force;
       ``(C) 2 shall be appointed by the majority leader of the 
     Senate;
       ``(D) 2 shall be appointed by the minority leader of the 
     Senate;
       ``(E) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       ``(F) 2 shall be appointed by the minority leader of the 
     House of Representatives.
       ``(4) Qualifications.--
       ``(A) In general.--Members of the Task Force shall be--
       ``(i) individuals with expertise in economics, demography, 
     labor, business, or immigration or other pertinent 
     qualifications or experience; and
       ``(ii) representative of a broad cross-section of 
     perspectives within the United States, including the public 
     and private sectors and academia.
       ``(B) Political affiliation.--Not more than 5 members of 
     the Task Force may be members of the same political party.
       ``(C) Nongovernmental appointees.--An individual appointed 
     to the Task Force may not be an officer or employee of the 
     Federal Government or of any State or local government.
       ``(5) Deadline for appointment.--All members of the Task 
     Force shall be appointed not later than 6 months after the 
     date of enactment of the Comprehensive Enforcement and 
     Immigration Reform Act of 2005.
       ``(6) Vacancies.--Any vacancy in the Task Force shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       ``(7) Meetings.--
       ``(A) Initial meeting.--The Task Force shall meet and begin 
     the operations of the Task Force as soon as practicable.
       ``(B) Subsequent meetings.--After its initial meeting, the 
     Task Force shall meet upon the call of the chairman or a 
     majority of its members.
       ``(8) Quorum.--Six members of the Task Force shall 
     constitute a quorum.
       ``(9) Report.--Not later than 18 months after the date of 
     enactment of the Comprehensive Enforcement and Immigration 
     Reform Act of 2005, the Task Force shall submit to Congress, 
     the Secretary of Labor, and the Secretary of Homeland 
     Security a report that contains--
       ``(A) findings with respect to the duties of the Task 
     Force;
       ``(B) recommendations for imposing a numerical limit.
       ``(10) Determination.--Not later than 6 months after the 
     submission of the report, the Secretary of Labor may impose a 
     numerical limitation on the number of aliens that may be 
     admitted under section 101(a)(15)(W). Any numerical limit 
     shall not become effective until 6 months after the Secretary 
     of Labor submits a report to Congress regarding the 
     imposition of a numerical limit.
       ``(l) Family Members.--
       ``(1) Family members of w nonimmigrants.--
       ``(A) In general.--The spouse or child of an alien admitted 
     as a nonimmigrant under section 101(a)(15)(W) may be admitted 
     to the United States--
       ``(i) as a nonimmigrant under section 101(a)(15)(B) for a 
     period of not more than 30 days, which may not be extended 
     unless the Secretary of Homeland Security, in his sole and 
     unreviewable discretion, determines that exceptional 
     circumstances exist; or
       ``(ii) under any other provision of this Act, if such 
     family member is otherwise eligible for such admission.
       ``(B) Application fee.--
       ``(i) In general.--The spouse or child of an alien admitted 
     as a nonimmigrant under section 101(a)(15)(W) who is seeking 
     to be admitted as a nonimmigrant under section 101(a)(15)(B) 
     shall submit, in addition to any other fee authorized by law, 
     an additional fee of $100.
       ``(ii) Use of fee.--The fees collected under clause (i) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove 
     illegal aliens.
       ``(m) Travel Outside the United States.--
       ``(1) In general.--Under regulations established by the 
     Secretary of Homeland Security, a nonimmigrant alien under 
     section 101(a)(15)(W)--
       ``(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 has not expired.
       ``(2) Effect on period of authorized admission.--Time spent 
     outside the United States under paragraph (1) shall not 
     extend the period of authorized admission in the United 
     States.
       ``(n) Employment.--
       ``(1) Portability.--An alien may be employed by any United 
     States employer authorized by the Secretary of Homeland 
     Security to hire aliens admitted under section 218C.
       ``(2) Continuous employment.--An alien must be employed 
     while in the United States. An alien who fails to be employed 
     for 30 days is ineligible for hire until the alien departs 
     the United States and reenters as a nonimmigrant under 
     section 101(a)(15)(W). The Secretary of Homeland Security 
     may, in its sole and unreviewable discretion, reauthorize an 
     alien for employment, without requiring the alien's departure 
     from the United States.
       ``(o) Enumeration of Social Security Number.--The Secretary 
     of Homeland Security, in coordination with the Commissioner 
     of Social Security, shall implement a system to allow for the 
     enumeration of a Social Security number and production of a 
     Social Security card at time of admission of an alien under 
     section 101(a)(15)(W).
       ``(p) Denial of Discretionary Relief.--The determination of 
     whether an alien is eligible for a grant of nonimmigrant 
     status under section 101(a)(15)(W) is solely within the 
     discretion of the Secretary of Homeland Security. 
     Notwithstanding any other provision of law, no court shall 
     have jurisdiction to review--
       ``(1) any judgment regarding the granting of relief under 
     this section; or
       ``(2) any other decision or action of the Secretary of 
     Homeland Security the authority for which is specified under 
     this section to be in the discretion of the Secretary,

[[Page 5667]]

     other than the granting of relief under section 1158(a).
       ``(q) Judicial Review.--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to--
       ``(i) an order or notice denying an alien a grant of 
     nonimmigrant status under section 101(a)(15)(W) or any other 
     benefit arising from such status; or
       ``(ii) an order of removal, exclusion, or deportation 
     entered against an alien if such order is entered after the 
     termination of the alien's period of authorized admission as 
     a nonimmigrant under section 101(a)(15)(W); or
       ``(B) certify a class under Rule 23 of the Federal Rules of 
     Civil Procedure in any action for which judicial review is 
     authorized under a subsequent paragraph of this subsection.
       ``(2) Challenges to validity.--
       ``(A) In general.--Any right or benefit not otherwise 
     waived or limited pursuant this section is available in an 
     action instituted in the United States District Court for the 
     District of Columbia, but shall be limited to determinations 
     of--
       ``(i) whether such section, or any regulation issued to 
     implement such section, violates the Constitution of the 
     United States; or
       ``(ii) whether such a regulation, or a written policy 
     directive, written policy guideline, or written procedure 
     issued by or under the authority the Secretary of Homeland 
     Security to implement such section, is not consistent with 
     applicable provisions of this section or is otherwise in 
     violation of law.''.
       (b) Prohibition on Change in Nonimmigrant Classification.--
     Section 248(1) of the Immigration and Nationality Act (8 
     U.S.C. 1258(1)) is amended by striking ``or (S)'' and 
     inserting ``(S), or (W)''.

     SEC. 413. STATUTORY CONSTRUCTION.

       Nothing in this subtitle, or any amendment made by this 
     title, shall 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. 414. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $500,000,000 for 
     facilities, personnel (including consular officers), 
     training, technology and processing necessary to carry out 
     the amendments made by this subtitle.

      Subtitle C--Mandatory Departure and Reentry in Legal Status

     SEC. 421. MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS.

       (a) In General.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended by inserting after section 
     218A, as added by section 412, the following new section:

     ``SEC. 218B. MANDATORY DEPARTURE AND REENTRY.

       ``(a) In General.--The Secretary of Homeland Security may 
     grant Deferred Mandatory Departure status to aliens who are 
     in the United States illegally to allow such aliens time to 
     depart the United States and to seek admission as a 
     nonimmigrant or immigrant alien.
       ``(b) Requirements.--
       ``(1) Presence.--An alien must establish that the alien was 
     physically present in the United States 1 year prior to the 
     date of the introduction of the Comprehensive Enforcement and 
     Immigration Reform Act of 2005 in Congress and has been 
     continuously in the United States since such date, and was 
     not legally present in the United States under any 
     classification set forth in section 101(a)(15) on that date.
       ``(2) Employment.--An alien must establish that the alien 
     was employed in the United States prior to the date of the 
     introduction of the Comprehensive Enforcement and Immigration 
     Reform Act of 2005, and has been employed in the United 
     States since that date.
       ``(3) Admissibility.--
       ``(A) In general.--The alien must establish that he--
       ``(i) is admissible to the United States, except as 
     provided as in (B); 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) Grounds not applicable.--The provisions of paragraphs 
     (5), (6)(A), and (7) of section 212(a) shall not apply.
       ``(C) Waiver.--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.
       ``(4) Ineligible.--An alien is ineligible for Deferred 
     Mandatory Departure status if the alien--
       ``(A) is subject to a final order or removal under section 
     240;
       ``(B) failed to depart the United States during the period 
     of a voluntary departure order under section 240B;
       ``(C) 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);
       ``(D) is a resident of a country for which the Secretary of 
     State has made a determination that the government of such 
     country has repeatedly provided support for acts of 
     international terrorism under section 6(j) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)) or under 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371); or
       ``(E) fails to comply with any request for information by 
     the Secretary of Homeland Security.
       ``(5) Medical examination.--The alien may be required, at 
     the alien's expense, to undergo such a medical examination 
     (including a determination of immunization status) as is 
     appropriate and conforms to generally accepted professional 
     standards of medical practice.
       ``(6) Termination.--The Secretary of Homeland Security may 
     terminate an alien's Deferred Mandatory Departure status--
       ``(A) if the Secretary of Homeland Security determines that 
     the alien was not in fact eligible for such status; or
       ``(B) if the alien commits an act that makes the alien 
     removable from the United States.
       ``(7) Application content and waiver.--
       ``(A) 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 Deferred 
     Mandatory Departure status.
       ``(B) Content.--In addition to any other information that 
     the Secretary determines is required to determine an alien's 
     eligibility for Deferred Mandatory Departure, the Secretary 
     shall require an alien to answer questions concerning the 
     alien's physical and mental health, criminal history and gang 
     membership, immigration history, involvement with groups or 
     individuals that have engaged in terrorism, genocide, 
     persecution, or who seek the overthrow of the United States 
     government, voter registration history, claims to United 
     States citizenship, and tax history.
       ``(C) Waiver.--The Secretary of Homeland Security shall 
     require an alien to include with the application a waiver of 
     rights that explains to the alien that, in exchange for the 
     discretionary benefit of obtaining Deferred Mandatory 
     Departure status, the alien agrees to waive any right to 
     administrative or judicial review or appeal of an immigration 
     officer's determination as to the alien's eligibility, or 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.
       ``(D) 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 and statements on 
     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.
       ``(c) Implementation and Application Time Periods.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     ensure that the application process is secure and 
     incorporates anti-fraud protection. The Secretary of Homeland 
     Security shall interview an alien to determine eligibility 
     for Deferred Mandatory Departure status and shall utilize 
     biometric authentication at time of document issuance.
       ``(2) Initial receipt of applications.--The Secretary of 
     Homeland Security shall begin accepting applications for 
     Deferred Mandatory Departure status not later than 3 months 
     after the date of enactment of the Comprehensive Enforcement 
     and Immigration Reform Act of 2005.
       ``(3) Application.--An alien must submit an initial 
     application for Deferred Mandatory Departure status not later 
     than 6 months after the date of enactment of the 
     Comprehensive Enforcement and Immigration Reform Act of 2005. 
     An alien that fails to comply with this requirement is 
     ineligible for Deferred Mandatory Departure status.
       ``(4) Completion of processing.--The Secretary of Homeland 
     Security shall ensure that all applications for Deferred 
     Mandatory Departure status are processed not later than 12 
     months after the date of enactment of the Comprehensive 
     Enforcement and Immigration Reform Act of 2005.
       ``(d) Security and Law Enforcement Background Checks.--An 
     alien may not be granted Deferred Mandatory Departure status 
     unless the alien submits biometric data in accordance with 
     procedures established by the Secretary of Homeland Security. 
     The Secretary of Homeland Security may not grant Deferred 
     Mandatory Departure status until all appropriate background 
     checks are completed to the satisfaction of the Secretary of 
     Homeland Security.

[[Page 5668]]

       ``(e) Acknowledgment.--An alien who applies for Deferred 
     Mandatory Departure status shall submit to the Secretary of 
     Homeland Security--
       ``(1) an acknowledgment made in writing and under oath that 
     the alien--
       ``(A) is unlawfully present in the United States and 
     subject to removal or deportation, as appropriate, under this 
     Act; and
       ``(B) understands the terms of the terms of Deferred 
     Mandatory Departure;
       ``(2) any Social Security account number or card in the 
     possession of the alien or relied upon by the alien;
       ``(3) any false or fraudulent documents in the alien's 
     possession.
       ``(f) Mandatory Departure.--
       ``(1) In general.--The Secretary of Homeland Security may, 
     in the Secretary's sole and unreviewable discretion, grant an 
     alien Deferred Mandatory Departure status for a period not to 
     exceed 5 years.
       ``(2) Registration at time of departure.--An alien granted 
     Deferred Mandatory Departure must depart prior to the 
     expiration of the period of Deferred Mandatory Departure 
     status. The alien must register with the Secretary of 
     Homeland Security at time of departure and surrender any 
     evidence of Deferred Mandatory Departure status at time of 
     departure.
       ``(3) Return in legal status.--An alien who complies with 
     the terms of Deferred Mandatory Departure status and who 
     departs prior to the expiration of such status shall not be 
     subject to section 212(a)(9)(B) and, if otherwise eligible, 
     may immediately seek admission as a nonimmigrant or 
     immigrant.
       ``(4) Failure to depart.--An alien who fails to depart the 
     United States prior to the expiration of Mandatory Deferred 
     Departure status is not eligible 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, 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, 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.
       ``(5) Penalties for delayed departure.--An alien who fails 
     to depart immediately shall be subject to the following fees:
       ``(A) No fine if the alien departs within the first year 
     after the grant of Deferred Mandatory Departure.
       ``(B) $2,000 if the alien does not depart within the second 
     year after the grant of Deferred Mandatory Departure.
       ``(C) $3,000 if the alien does not depart within the third 
     year following the grant of Deferred Mandatory Departure.
       ``(D) $4,000 if the alien does not depart within the fourth 
     year following the grant of Deferred Mandatory Departure.
       ``(E) $5,000 if the alien does not depart during the fifth 
     year following the grant of Deferred Mandatory Departure.
       ``(g) Evidence of Deferred Mandatory Departure Status.--
     Evidence of Deferred Mandatory Departure status 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. The Secretary of Homeland Security shall 
     consult with the Forensic Document Laboratory in designing 
     the document. The document may serve as a travel, entry, and 
     work authorization document during the period of its 
     validity. The document may be accepted by an employer as 
     evidence of employment authorization and identity under 
     section 274A(b)(1)(B).
       ``(h) Terms of Status.--
       ``(1) Reporting.--During the period of Deferred Mandatory 
     Departure, an alien shall comply with all registration 
     requirements under section 264.
       ``(2) Travel.--
       ``(A) An alien granted Deferred Mandatory Departure is not 
     subject to section 212(a)(9) for any unlawful presence that 
     occurred prior to the Secretary of Homeland Security granting 
     the alien Deferred Mandatory Departure status.
       ``(B) Under regulations established by the Secretary of 
     Homeland Security, an alien granted Deferred Mandatory 
     Departure--
       ``(i) may travel outside of the United States and may be 
     readmitted if the period of Deferred Mandatory Departure 
     status has not expired; and
       ``(ii) must establish at the time of application for 
     admission that the alien is admissible under section 212.
       ``(C) Effect on period of authorized admission.--Time spent 
     outside the United States under subparagraph (B) shall not 
     extend the period of Deferred Mandatory Departure status.
       ``(3) Benefits.--During the period in which an alien is 
     granted Deferred Mandatory Departure under this section--
       ``(A) the alien shall not be considered to be permanently 
     residing in the United States under the color of law and 
     shall be treated as a nonimmigrant admitted under section 
     214; and
       ``(B) the alien may be deemed ineligible for public 
     assistance by a State (as defined in section 101(a)(36)) or 
     any political subdivision thereof which furnishes such 
     assistance.
       ``(i) Prohibition on Change of Status or Adjustment of 
     Status.--An alien granted Deferred Mandatory Departure status 
     is prohibited from applying to change status under section 
     248 or, unless otherwise eligible under section 245(i), from 
     applying for adjustment of status to that of a permanent 
     resident under section 245.
       ``(j) Application Fee.--
       ``(1) In general.--An alien seeking a grant of Deferred 
     Mandatory Departure status shall submit, in addition to any 
     other fees authorized by law, an application fee of $1,000.
       ``(2) Use of fee.--The fees collected under paragraph (1) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove 
     illegal aliens.
       ``(k) Family Members.--
       ``(1) Family members.--
       ``(A) In general.--The spouse or child of an alien granted 
     Deferred Mandatory Departure status is subject to the same 
     terms and conditions as the principal alien, but is not 
     authorized to work in the United States.
       ``(B) Application fee.--
       ``(i) In general.--The spouse or child of an alien seeking 
     Deferred Mandatory Departure shall submit, in addition to any 
     other fee authorized by law, an additional fee of $500.
       ``(ii) Use of fee.--The fees collected under clause (i) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove aliens 
     who are removable under section 237.
       ``(l) Employment.--
       ``(1) In general.--An alien may be employed by any United 
     States employer authorized by the Secretary of Homeland 
     Security to hire aliens under section 218C.
       ``(2) Continuous employment.--An alien must be employed 
     while in the United States. An alien who fails to be employed 
     for 30 days is ineligible for hire until the alien has 
     departed the United States and reentered. The Secretary of 
     Homeland Security may, in the Secretary's sole and 
     unreviewable discretion, reauthorize an alien for employment 
     without requiring the alien's departure from the United 
     States.
       ``(m) Enumeration of Social Security Number.--The Secretary 
     of Homeland Security, in coordination with the Commissioner 
     of the Social Security System, shall implement a system to 
     allow for the enumeration of a Social Security number and 
     production of a Social Security card at the time the 
     Secretary of Homeland Security grants an alien Deferred 
     Mandatory Departure status.
       ``(n) Penalties for False Statements in Application for 
     Deferred Mandatory Departure.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person--
       ``(i) to file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     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).
       ``(o) Relation to Cancellation of Removal.--With respect to 
     an alien granted Deferred Mandatory Departure status under 
     this section, the period of such status shall not be counted 
     as a period of physical presence in the United States for 
     purposes of section 240A(a), unless the Secretary of Homeland 
     Security determines that extreme hardship exists.
       ``(p) Waiver of Rights.--An alien is not eligible for 
     Deferred Mandatory Departure status, unless the alien has 
     waived any right to contest, other than on the basis of an 
     application for asylum or protection under the Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment, done at New York December 10, 1984, 
     any action for deportation or removal of the alien that is 
     instituted against the alien subsequent to a grant of 
     Deferred Mandatory Departure status.
       ``(q) Denial of Discretionary Relief.--The determination of 
     whether an alien is eligible for a grant of Deferred 
     Mandatory Departure status is solely within the discretion of 
     the Secretary of Homeland Security. Notwithstanding any other 
     provision of law, no court shall have jurisdiction to 
     review--
       ``(1) any judgment regarding the granting of relief under 
     this section; or
       ``(2) any other decision or action of the Secretary of 
     Homeland Security the authority for which is specified under 
     this section to be in the discretion of the Secretary, other 
     than the granting of relief under section 1158(a).
       ``(r) Judicial Review.--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party

[[Page 5669]]

     or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to--
       ``(i) an order or notice denying an alien a grant of 
     Deferred Mandatory Departure status or any other benefit 
     arising from such status; or
       ``(ii) an order of removal, exclusion, or deportation 
     entered against an alien after a grant of Deferred Mandatory 
     Departure status; or
       ``(B) certify a class under Rule 23 of the Federal Rules of 
     Civil Procedure in any action for which judicial review is 
     authorized under a subsequent paragraph of this subsection.
       ``(2) Challenges to validity.--
       ``(A) In general.--Any right or benefit not otherwise 
     waived or limited pursuant this section is available in an 
     action instituted in the United States District Court for the 
     District of Columbia, but shall be limited to determinations 
     of--
       ``(i) whether such section, or any regulation issued to 
     implement such section, violates the Constitution of the 
     United States; or
       ``(ii) whether such a regulation, or a written policy 
     directive, written policy guideline, or written procedure 
     issued by or under the authority the Secretary of Homeland 
     Security to implement such section, is not consistent with 
     applicable provisions of this section or is otherwise in 
     violation of law.''.
       (b) Conforming Amendment.--Amend section 
     237(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
     U.S.C. 1227(a)(2)(A)(i)(II)) is amended by striking the 
     period at the end and inserting ``(or 6 months in the case of 
     an alien granted Deferred Mandatory Departure status under 
     section 218B),''.

     SEC. 422. STATUTORY CONSTRUCTION.

       Nothing in this subtitle, or any amendment made by this 
     subtitle, shall 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. 423. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $1,000,000,000 for 
     facilities, personnel (including consular officers), 
     training, technology, and processing necessary to carry out 
     the amendments made by this subtitle.

             Subtitle D--Alien Employment Management System

     SEC. 431. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

       The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
     is amended by inserting after section 218B, as added by 
     section 621, the following new section:

     ``SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

       ``(a) Establishment.--
       ``(1) Purpose.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Labor, the Secretary of 
     State, and the Commissioner of Social Security, shall develop 
     and implement a program to authorize, manage and track the 
     employment of aliens described in section 218A or 218B.
       ``(2) Deadline.--The program under subsection (a) shall 
     commence prior to any alien being admitted under section 
     101(a)(15)(W) or granted Deferred Mandatory Departure under 
     section 218B.
       ``(b) Requirements.--The program shall--
       ``(1) enable employers who seek to hire aliens described in 
     section 218A or 218B to apply for authorization to employ 
     such aliens;
       ``(2) be interoperable with Social Security databases and 
     must provide a means of immediately verifying the identity 
     and employment authorization of an alien described in section 
     218A or 218B, for purposes of complying with title III of the 
     Comprehensive Enforcement and Immigration Reform Act of 2005;
       ``(3) require an employer to utilize readers or scanners at 
     the location of employment or at a Federal facility to 
     transmit the biometric and biographic information contained 
     in the alien's evidence of status to the Secretary of 
     Homeland Security, for purposes of complying with title III 
     of the Comprehensive Enforcement and Immigration Reform Act 
     of 2005; and
       ``(4) collect sufficient information from employers to 
     enable the Secretary of Homeland Security to identify--
       ``(A) whether an alien described in section 218A or 218B is 
     employed;
       ``(B) any employer that has hired an alien described in 
     section 218A or 218B;
       ``(C) the number of aliens described in section 218A or 
     218B that an employer is authorized to hire and is currently 
     employing; and
       ``(D) the occupation, industry and length of time that an 
     alien described in section 218A or 218B has been employed in 
     the United States.
       ``(c) Authorization to Hire Aliens Described in Section 
     218A or 218B.--
       ``(1) Application.--An employer must apply, through the 
     program described in subsection (a) of this section, to 
     obtain authorization to hire aliens described in section 218A 
     or 218B.
       ``(2) Penalties.--An employer who employs an alien 
     described in section 218A or 218B without authorization is 
     subject to the same penalties and provisions as an employer 
     who violates section 274(a)(1)(A) or (a)(2). An employer 
     shall be subject to penalties prescribed by the Secretary of 
     Homeland Security by regulation, which may include monetary 
     penalties and debarment from eligibility to hire aliens 
     described in section 218A or 218B.
       ``(3) Eligibility.--An employer must establish that it is a 
     legitimate company and must attest that it will comply with 
     the terms of the program established under subsection (a).
       ``(4) Number of aliens authorized.--An employer may request 
     authorization to multiple aliens described in section 218A or 
     218B.
       ``(5) Electronic form.--The program established under 
     subsection (a) shall permit employers to submit applications 
     under this subsection in an electronic form.
       ``(d) Notification Upon Termination of Employment.--An 
     employer, through the program established under subsection 
     (a), must notify the Secretary of Homeland Security not more 
     than 3 business days after the date of the termination of the 
     alien's employment. The employer is not authorized to fill 
     the position with another alien described in section 218A or 
     218B until the employer notifies the Secretary of Homeland 
     Security that the alien is no longer employed by that 
     employer.
       ``(e) Protection of United States Workers.--An employer may 
     not be authorized to hire an alien described in section 218A 
     or 218B until the employer submits an attestation stating the 
     following:
       ``(1) The employer has posted the position in a national, 
     electronic job registry maintained by the Secretary of Labor, 
     for not less than 30 days.
       ``(2) The employer has offered the position to any eligible 
     United States worker who applies and is equally or better 
     qualified for the job for which a temporary worker is sought 
     and who will be available at the time and place of need. An 
     employer shall maintain records for not less than 1 year 
     demonstrating that why United States workers who applied were 
     not hired.
       ``(3) The employer shall comply with the terms of the 
     program established under subsection (a), including the terms 
     of any temporary worker monitoring program established by the 
     Secretary.
       ``(4) The employer shall not hire more aliens than the 
     number authorized by the Secretary of Homeland Security has 
     authorized it to hire.
       ``(5) The worker shall be paid at least the greater of the 
     hourly wage prescribed under section 6(a)(1) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the 
     applicable State minimum wage. All wages will be paid in a 
     timely manner and all payroll records will be maintained 
     accurately.
       ``(6) The employment of a temporary worker shall not 
     adversely affect the working conditions of other similarly 
     employed United States workers.
       ``(f) Approval.--After determining that there are no United 
     States workers who are qualified and willing to obtain the 
     employment for which the employer is seeking temporary 
     workers, the Secretary of Homeland Security may approve the 
     application submitted by the employer under this paragraph 
     for the number of temporary workers that the Secretary 
     determines are required by the employer. Such approval shall 
     be valid for a 2-year period.''.

     SEC. 432. LABOR INVESTIGATIONS.

       (a) In General.--The Secretary of Homeland Security and the 
     Secretary of Labor shall conduct audits, including random 
     audits, of employers who employ aliens described under 
     section 218A or 218B of the Immigration and Nationality Act, 
     as added by section 412 and 421, respectively.
       (b) Penalties.--The Secretary of Homeland Security shall 
     establish penalties, which may include debarment from 
     eligibility for hire also described under section 218A, as 
     added by section 412 of this Act, 218B, as added by section 
     421 of this Act, for employers who fail to comply with 
     section 218C of the Immigration and Nationality Act as added 
     by section 431 of this Act, and shall establish protections 
     for aliens who report employers who fail to comply with such 
     section.

            Subtitle E--Protection Against Immigration Fraud

     SEC. 441. GRANTS TO SUPPORT PUBLIC EDUCATION AND TRAINING.

       (a) General Program Purpose.--The purpose of this subtitle 
     is to assist qualified non-profit community organizations to 
     educate, train, and support non-profit agencies, immigrant 
     communities, and other interested entities regarding this Act 
     and the amendments made by this Act.
       (b) Purposes for Which Grants May Be Used.--The grants 
     under this part shall be used to fund public education, 
     training, technical assistance, government liaison, and all 
     related costs (including personnel and equipment) incurred by 
     non-profit community organizations in providing services 
     related to this Act, and to educate, train and support non-
     profit organizations, immigrant communities, and other 
     interested parties regarding this Act and the amendments made 
     by this Act and on matters related to its implementation. In 
     particular, funding shall be provided to non-profit 
     organizations for the purposes of--

[[Page 5670]]

       (1) educating immigrant communities and other interested 
     entities on the individuals and organizations that can 
     provide authorized legal representation in immigration 
     matters under regulations prescribed by the Secretary of 
     Homeland Security, and on the dangers of securing legal 
     advice and assistance from those who are not authorized to 
     provide legal representation in immigration matters;
       (2) educating interested entities on the requirements for 
     obtaining non-profit recognition and accreditation to 
     represent immigrants under regulations prescribed by the 
     Secretary of Homeland Security, and providing non-profit 
     agencies with training and technical assistance on the 
     recognition and accreditation process; and
       (3) educating non-profit community organizations, immigrant 
     communities and other interested entities on the process for 
     obtaining benefits under this Act or an amendment made by 
     this Act, and the availability of authorized legal 
     representation for low-income persons who may qualify for 
     benefits under this Act of an amendment made by this Act.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Office of Justice Programs at the 
     United States Department of Justice to carry out this 
     section--
       (1) $40,000,000 for fiscal year 2006;
       (2) $40,000,000 for fiscal year 2007; and
       (3) $40,000,000 for fiscal year 2008.
       (d) In General.--The Office of Justice Programs shall 
     ensure, to the extent possible, that the non-profit community 
     organizations funded under this Section shall serve 
     geographically diverse locations and ethnically diverse 
     populations who may qualify for benefits under the Act.

                     Subtitle F--Circular Migration

     SEC. 451. INVESTMENT ACCOUNTS.

       (a) In General.--Section 201 of the Social Security Act (42 
     U.S.C. 401) is amended by adding at the end the following:
       ``(o)(1) Notwithstanding any other provision of this 
     section, the Secretary of the Treasury shall transfer at 
     least quarterly from the Federal Old-Age and Survivors 
     Insurance Trust Fund and the Federal Disability Insurance 
     Trust Fund 100 percent of the temporary worker taxes to the 
     Temporary Worker Investment Fund for deposit in a temporary 
     worker investment account for each temporary worker as 
     specified in section 253.
       ``(2) For purposes of this subsection--
       ``(A) the term `temporary worker taxes' means that portion 
     of the amounts appropriated to the Federal Old-Age and 
     Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund under this section and properly 
     attributable to the wages (as defined in section 3121 of the 
     Internal Revenue Code of 1986) and self-employment income (as 
     defined in section 1402 of such Code) of temporary workers as 
     determined by the Commissioner of Social Security; and
       ``(B) the term `temporary worker' means an alien who is 
     admitted to the United States as a nonimmigrant under section 
     101(a)(15)(W) of the Immigration and Nationality Act.''.
       (b) Temporary Worker Investment Accounts.--Title II of the 
     Social Security Act (42 U.S.C. 401 et seq.) is amended--
       (1) by inserting before section 201 the ``PART A--SOCIAL 
     SECURITY''; and
       (2) by adding at the end the following:

            ``Part II--Temporary Worker Investment Accounts


                             ``DEFINITIONS

       ``Sec. 251. For purposes of this part:
       ``(1) Covered employer.--The term `covered employer' means, 
     for any calendar year, any person on whom an excise tax is 
     imposed under section 3111 of the Internal Revenue Code of 
     1986 with respect to having an individual in the person's 
     employ to whom wages are paid by such person during such 
     calendar year.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Treasury.
       ``(3) Temporary worker.--The term `temporary worker' an 
     alien who is admitted to the United States as a nonimmigrant 
     under section 101(a)(15)(W) of the Immigration and 
     Nationality Act.
       ``(4) Temporary worker investment account.--The term 
     `temporary worker investment account' means an account for a 
     temporary worker which is administered by the Secretary 
     through the Temporary Worker Investment Fund.
       ``(5) Temporary worker investment fund.--The term 
     `Temporary Worker Investment Fund' means the fund established 
     under section 253.


                 ``TEMPORARY WORKER INVESTMENT ACCOUNTS

       ``Sec. 252. (a) In General.--A temporary worker investment 
     account shall be established by the Secretary in the 
     Temporary Worker Investment Fund for each individual not 
     later than 10 business days after the covered employer of 
     such individual submits a W-4 form (or any successor form) 
     identifying such individual as a temporary worker.
       ``(b) Time Account Takes Effect.--A temporary worker 
     investment account established under subsection (a) shall 
     take effect with respect to the first pay period beginning 
     more than 14 days after the date of such establishment.
       ``(c) Temporary Worker's Property Right in Temporary Worker 
     Investment Account.--The temporary worker investment account 
     established for a temporary worker is the sole property of 
     the worker.


                   ``TEMPORARY WORKER INVESTMENT FUND

       ``Sec. 253. (a) In General.--There is created on the books 
     of the Treasury of the United States a trust fund to be known 
     as the `Temporary Worker Investment Fund' to be administered 
     by the Secretary. Such Fund shall consist of the assets 
     transferred under section 201(o) to each temporary worker 
     investment account established under section 252 and the 
     income earned under subsection (e) and credited to such 
     account.
       ``(b) Notice of Contributions.--The full amount of a 
     temporary worker`s investment account transfers shall be 
     shown on such worker's W-2 tax statement, as provided in 
     section 6051(a)(14) of the Internal Revenue Code of 1986.
       ``(c) Investment Earnings Report.--
       ``(1) In general.--At least annually, the Temporary Worker 
     Investment Fund shall provide to each temporary worker with a 
     temporary worker investment account managed by the Fund a 
     temporary worker investment status report. Such report may be 
     transmitted electronically upon the agreement of the 
     temporary worker under the terms and conditions established 
     by the Secretary.
       ``(2) Contents of report.--The temporary worker investment 
     status report, with respect to a temporary worker investment 
     account, shall provide the following information:
       ``(A) The total amounts transferred under section 201(o) in 
     the last quarter, the last year, and since the account was 
     established.
       ``(B) The amount and rate of income earned under subsection 
     (e) for each period described in subparagraph (A).
       ``(d) Maximum Administrative Fee.--The Temporary Worker 
     Investment Fund shall charge each temporary worker in the 
     Fund a single, uniform annual administrative fee not to 
     exceed 0.3 percent of the value of the assets invested in the 
     worker's account.
       ``(e) Investment Duties of Secretary.--The Secretary shall 
     establish policies for the investment and management of 
     temporary worker investment accounts, including policies that 
     shall provide for prudent Federal Government investment 
     instruments suitable for accumulating funds.


          ``TEMPORARY WORKER INVESTMENT ACCOUNT DISTRIBUTIONS

       ``Sec. 254. (a) Date of Distribution.--Except as provided 
     in subsections (b) and (c), a distribution of the balance in 
     a temporary worker investment account may only be made on or 
     after the date such worker departs the United States and 
     abandons such worker's nonimmigrant status under section 
     101(a)(15)(W) of the Immigration and Nationality Act and 
     returns to the worker's home country.
       ``(b) Distribution in the Event of Death.--If the temporary 
     worker dies before the date determined under subsection (a), 
     the balance in the worker`s account shall be distributed to 
     the worker's estate under rules established by the 
     Secretary.''.
       (c) Temporary Worker Investment Account Transfers Shown on 
     W-2s.--
       (1) In general.--Section 6051(a) of the Internal Revenue 
     Code of 1986 (relating to receipts for employees) is 
     amended--
       (A) by striking ``and'' at the end of paragraph (12);
       (B) by striking the period at the end of paragraph (13) and 
     inserting ``; and''; and
       (C) by inserting after paragraph (13) the following:
       ``(14) in the case of a temporary worker (as defined in 
     section 251(1) of the Social Security Act), of the amount 
     shown pursuant to paragraph (6), the total amount transferred 
     to such worker's temporary worker investment account under 
     section 201(o) of such Act.''.
       (2) Conforming amendments.--Section 6051 of the Internal 
     Revenue Code of 1986 is amended--
       (A) in subsection (a)(6), by inserting ``and paid as tax 
     under section 3111'' after ``section 3101''; and
       (B) in subsection (c), by inserting ``and paid as tax under 
     section 3111'' after ``section 3101''.

                     Subtitle G--Backlog Reduction

     SEC. 461. EMPLOYMENT BASED IMMIGRANTS.

       (a) Employment-Based Immigrant Limit.--Section 201(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1151(d)) is 
     amended to read as follows:
       ``(d) Worldwide Level of Employment-Based Immigrants.--The 
     worldwide level of employment-based immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 140,000;
       ``(2) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year;
       ``(3) the difference between--
       ``(A) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     and the number of visa numbers issued under this subsection 
     during those years; and
       ``(B) the number of visas described in subparagraph (A) 
     that were issued after fiscal year 2005; and

[[Page 5671]]

       ``(4) the number of visas previously made available under 
     section 203(e).''.
       (b) Diversity Visa Termination.--The allocation of 
     immigrant visas to aliens under section 203(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(c)), and the 
     admission of such aliens to the United States as immigrants, 
     is terminated. This provision shall become effective on 
     October 1st of the fiscal year following enactment of this 
     Act.
       (c) Immigration Task Force.--
       (1) In general.--There is established a task force to be 
     known as the Immigration Task Force (referred to in this 
     section as the ``Task Force'').
       (2) Purposes.--The purposes of the Task Force are--
       (A) to study the impact of the delay between the date on 
     which an application for immigration is submitted and the 
     date on which a determination on such application is made;
       (B) to study the impact of immigration of workers to the 
     United States on family unity; and
       (C) to provide to Congress any recommendations of the Task 
     Force regarding increasing the number immigrant visas issued 
     by the United States for family members and on the basis of 
     employment.
       (3) Membership.--The Task Force shall be composed of 10 
     members, of whom--
       (A) 1 shall be appointed by the President and shall serve 
     as chairman of the Task Force;
       (B) 1 shall be appointed by the leader of the minority 
     party in the Senate, in consultation with the leader of the 
     minority party in the House of Representatives, and shall 
     serve as vice chairman of the Task Force;
       (C) 2 shall be appointed by the majority leader of the 
     Senate;
       (D) 2 shall be appointed by the minority leader of the 
     Senate;
       (E) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (F) 2 shall be appointed by the minority leader of the 
     House of Representatives.
       (4) Qualifications.--
       (A) In general.--Members of the Task Force shall be--
       (i) individuals with expertise in economics, demography, 
     labor, business, or immigration or other pertinent 
     qualifications or experience; and
       (ii) representative of a broad cross-section of 
     perspectives within the United States, including the public 
     and private sectors and academia.
       (B) Political affiliation.--Not more than 5 members of the 
     Task Force may be members of the same political party.
       (C) Nongovernmental appointees.--An individual appointed to 
     the Task Force may not be an officer or employee of the 
     Federal Government or of any State or local government.
       (5) Deadline for appointment.--All members of the Task 
     Force shall be appointed not later than 6 months after the 
     date of enactment of this Act.
       (6) Vacancies.--Any vacancy in the Task Force shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (7) Meetings.--
       (A) Initial meeting.--The Task Force shall meet and begin 
     the operations of the Task Force as soon as practicable.
       (B) Subsequent meetings.--After its initial meeting, the 
     Task Force shall meet upon the call of the chairman or a 
     majority of its members.
       (8) Quorum.--Six members of the Task Force shall constitute 
     a quorum.
       (9) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Task Force shall submit to 
     Congress, the Secretary of Labor, and the Secretary of 
     Homeland Security a report that contains--
       (A) findings with respect to the duties of the Task Force; 
     and
       (B) recommendations for modifying the numerical limits on 
     the number immigrant visas issued by the United States for 
     family members of individuals in the United States and on the 
     basis of employment.

     SEC. 462. COUNTRY LIMITS.

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

     SEC. 463. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Employment-Based 
     Immigrants.--Section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)) is amended--
       (1) in paragraph (1), by striking ``28.6 percent'' and 
     inserting ``10 percent'';
       (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
     inserting ``10 percent'';
       (3) in paragraph (3)(A)--
       (A) by striking ``28.6 percent'' and inserting ``35 
     percent''; and
       (B) by striking clause (iii);
       (4) by striking paragraph (4);
       (5) by redesignating paragraph (5) as paragraph (4);
       (6) in paragraph (4)(A), as redesignated, by striking ``7.1 
     percent'' and inserting ``4 percent'';
       (7) by inserting after paragraph (4), as redesignated, the 
     following:
       ``(5) Other workers.--Visas shall be made available, in a 
     number not to exceed 36 percent of such worldwide level, plus 
     any visa numbers not required for the classes specified in 
     paragraphs (1) through (4), to qualified immigrants who are 
     capable, at the time of petitioning for classification under 
     this paragraph, of performing unskilled labor that is not of 
     a temporary or seasonal nature, for which qualified workers 
     are determined to be unavailable in the United States''; and
       (8) by striking paragraph (6).
       (b) Conforming Amendments.--
       (1) Definition of special immigrant.--Section 101(a)(27)(M) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)(M)) is amended by striking ``subject to the 
     numerical limitations of section 203(b)(4),''.
       (2) Repeal of temporary reduction in workers' visas.--
     Section 203(e) of the Nicaraguan Adjustment and Central 
     American Relief Act (8 U.S.C. 1153 note) is repealed.

               Subtitle H--Temporary Agricultural Workers

     SEC. 471. SENSE OF THE SENATE ON TEMPORARY AGRICULTURAL 
                   WORKERS.

       It is the sense of the Senate that consideration of any 
     comprehensive immigration reform during the 109th Congress 
     will include agricultural workers.
                                 ______
                                 
  SA 3544. 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 283, strike line 17 and all that follows 
     through page 285, line 9, and insert the following:
       ``(n)(1) For purposes of adjustment of status under 
     subsection (a), employment-based immigrant visas shall be 
     made available to an alien having nonimmigrant status 
     described in section 101(a)(15)(H)(ii)(c) upon the filing of 
     a petition for such a visa by the alien's employer.
       ``(2) An alien having nonimmigrant status described in 
     section 101(a)(15)(H)(ii)(c) may not apply for adjustment of 
     status under this section unless the alien--
       ``(A) is physically present in the United States; and
       ``(B) the alien establishes that the alien--
       ``(i) meets the requirements of section 312; or
       ``(ii) is satisfactorily pursuing a course of study to 
     achieve such an understanding of English and knowledge and 
     understanding of the history and government of the United 
     States.
       ``(3) An alien who demonstrates that the alien meets the 
     requirements of section 312 may be considered to have 
     satisfied the requirements of that section for purposes of 
     becoming naturalized as a citizen of the United States under 
     title III.
       ``(4) Filing a petition under paragraph (1) on behalf of an 
     alien or otherwise seeking permanent residence in the United 
     States for such alien shall not constitute evidence of the 
     alien's ineligibility for nonimmigrant status under section 
     101(a)(15)(H)(ii)(c).
       ``(5) The Secretary of Homeland Security shall extend, in 
     1-year increments, the stay of an alien for whom a labor 
     certification petition filed under section 203(b) or an 
     immigrant visa petition filed under section 204(b) is pending 
     until a final decision is made on the alien's lawful 
     permanent residence.
       ``(6) Nothing in this subsection shall be construed to 
     prevent an alien having nonimmigrant status described in 
     section 101(a)(15)(H)(ii)(c) from filing an application for 
     adjustment of status under this section in accordance with 
     any other provision of law.''.
                                 ______
                                 
  SA 3545. 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 283, strike lines 23 through 25.
                                 ______
                                 
  SA 3546. 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 283, strike line 17 and all that follows 
     through page 285, line 9, 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.''.
                                 ______
                                 
  SA 3547. 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

[[Page 5672]]

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

       At the end of subsection (a) of section 403, insert the 
     following:
       (3) Limitation on granting of visas to h-2c 
     nonimmigrants.--Notwithstanding any other provision of this 
     Act or the amendments made by this Act, the Secretary may not 
     grant a temporary visa to an alien described in section 
     101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act, 
     as amended by section 402(a), pursuant to section 218A of the 
     Immigration and Nationality Act, as amended by paragraph (1), 
     until after the date that the Secretary certifies to Congress 
     that--
       (A) the Electronic Employment Veri-
     fication System described in section 274A of the Immigration 
     and Nationality Act, as amended by section 301(a), is fully 
     operational;
       (B) the number of full-time employees who investigate 
     compliance with immigration laws related to the hiring of 
     aliens within the Department is increased by not less than 
     2,000 more than the number of such employees within the 
     Department on the date of the enactment of this Act and that 
     such employees have received appropriate training;
       (C) the number of full-time, active-duty border patrol 
     agents within the Department is increased by not less than 
     2,500 more than the number of such agents within the 
     Department on the date of the enactment of this Act; and
       (D) additional detention facilities to detain unlawful 
     aliens apprehended in United States have been constructed or 
     obtained and the personnel to operate such facilities have 
     been hired, trained, and deployed so that the number of 
     detention bed spaces available is increased by not less than 
     2,000 more than the number of such beds available on the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 3548. Mr. HATCH 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 titles III, IV, V, and insert the following:

        TITLE III--NONPARTISAN COMMISSION ON IMMIGRATION REFORM

     SEC. 301. NONPARTISAN COMMISSION ON IMMIGRATION REFORM.

       (a) Establishment and Composition of Commission.--
       (1) Establishment.--Not later than May 1, 2006, the 
     President shall establish a commission to be known as the 
     Nonpartisan Commission on Immigration Reform (in this section 
     referred to as the ``Commission'').
       (2) Composition.--The Commission shall be composed of 9 
     members to be appointed as follows:
       (A) 1 member who shall serve as Chairman, to be appointed 
     by the President.
       (B) 2 members to be appointed by the Speaker of the House 
     of Representatives who shall select such members from a list 
     of nominees provided by the chairman of the Committee on the 
     Judiciary of the House of Representatives.
       (C) 2 members to be appointed by the minority leader of the 
     House of Representatives who shall select such members from a 
     list of nominees provided by the ranking minority member of 
     the Committee on the Judiciary of the House of 
     Representatives.
       (D) 2 members to be appointed by the majority leader of the 
     Senate who shall select such members from a list of nominees 
     provided by the chairman of the Committee on the Judiciary of 
     the Senate.
       (E) 2 members to be appointed by the minority leader of the 
     Senate who shall select such members from a list of nominees 
     provided by the ranking minority member of the Committee on 
     the Judiciary of the Senate.
       (3) Initial appointments.--Initial appointments to the 
     Commission shall be made during the 45-day period beginning 
     on May 1, 2006.
       (4) Vacancy.--A vacancy in the Commission shall be filled 
     in the same manner in which the original appointment was 
     made.
       (5) Term of appointment.--Members shall be appointed to 
     serve for the life of the Commission, except that the term of 
     the member described in paragraph (2)(A) shall expire at noon 
     on January 20, 2008, and the President shall appoint an 
     individual to serve for the remaining life, if any, of the 
     Commission.
       (b) Functions of Commission.--The Commission shall--
       (1) review and evaluate the impact of this Act and the 
     amendments made by this Act, in accordance with subsection 
     (c);
       (2) conduct a systematic and comprehensive review of this 
     Nation's immigration laws, in accordance with subsection (c); 
     and
       (3) transmit to the Congress--
       (A) not later than April 15, 2008, a first report 
     describing the progress made in carrying out paragraphs (1) 
     and (2); and
       (B) not later than April 15, 2010, a final report setting 
     forth the Commission's findings and recommendations, 
     including such recommendations for additional comprehensive 
     changes that should be made with respect to immigration laws 
     in the United States as the Commission deems appropriate, 
     including, when applicable, such model legislative language 
     for the consideration of Congress.
       (c) Considerations.--
       (1) General considerations.--The Commission may investigate 
     and make recommendations upon any subject that it determines 
     would substantially contribute to the development of an 
     equitable, efficient, and sustainable immigration system that 
     will facilitate border security specifically and national 
     security generally.
       (2) Guest worker program.--The Commission shall analyze and 
     make recommendations on the advisability of modifying the 
     requirements for admission of nonimmigrants described in 
     section 101(a)(15)(H) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)), including increasing the number of 
     such nonimmigrants admitted to the United States and adopting 
     a national guest worker program, and if, in the opinion of 
     this Commission, such a modification or program should be 
     adopted, then the Commission shall--
       (A) set forth minimum requirements for such modification or 
     program, including--
       (i) the numerical limitations, if any, on such a program; 
     and
       (ii) the temporal limitations (in terms of participant 
     duration), if any, on such a program;
       (B) assess the impact and advisability of allowing aliens 
     admitted under such section or participating in such a 
     program to adjust their status from nonimmigrant to immigrant 
     classifications; and
       (C) determine whether and, if appropriate, to what degree, 
     low-skilled enterprises should be included in a national 
     guest worker program.
       (3) Project sunshine.--The Commission shall analyze and 
     make recommendations on the disposition of the unlawful alien 
     population present in the United States, and such report 
     shall--
       (A) examine the impact of earned adjustment, amnesty, or 
     similar programs on future illegal immigration;
       (B) examine the ability, and advisability, of the United 
     States Government to locate and deport individuals unlawfully 
     present in the United States;
       (C) assess the impact, advisability, and ability of earned 
     adjustment, amnesty, or similar programs to locate and 
     register individuals unlawfully present in the United States; 
     and
       (D) provide alternate solutions, if any, to the realm of 
     options otherwise mentioned in this section.
       (4) Judicial review.--The Commission shall examine the 
     operation of the relevant adjudicatory structures and 
     mechanisms and make such recommendations as are necessary to 
     ensure expediency of process consistent with applicable 
     constitutional protections.
       (5) Interior enforcement.--The Commission shall analyze 
     current interior enforcement efforts and make such 
     recommendations as are necessary to ensure viable interior 
     enforcement, including issues surrounding worksite 
     enforcement and the impact of inadequate interior enforcement 
     on rural communities.
       (d) Compensation of Members.--
       (1) In general.--Each member of the Commission who is not 
     an officer or employee of the Federal Government is entitled 
     to receive, subject to such amounts as are provided in 
     advance in appropriations Acts, pay at the daily equivalent 
     of the minimum annual rate of basic pay in effect for grade 
     GS-18 of the General Schedule. Each member of the Commission 
     who is such an officer or employee shall serve without 
     additional pay.
       (2) Travel expense.--While away from their homes or regular 
     places of business in the performance of services for the 
     Commission, members of the Commission shall be allowed travel 
     expenses, including per diem in lieu of subsistence.
       (e) Meetings, Staff, and Authority of Commission.--The 
     provisions of subsections (e) through (g) of section 304 of 
     the Immigration Reform and Control Act of 1986 (Public Law 
     99-603; 8 U.S.C. 1160 note) shall apply to the Commission in 
     the same manner as they apply to the Commission established 
     under such section, except that paragraph (2) of such 
     subsection (e) shall not apply.
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Commission such sums as may be necessary to carry out 
     this section.
       (2) Limitation on authority.--Notwithstanding any other 
     provision of this section, the authority to make payments, or 
     to enter into contracts, under this section shall be 
     effective only to such extent, or in such amounts, as are 
     provided in advance in appropriations Acts.
       (g) Termination Date.--The Commission shall terminate on 
     the date on which a final report is required to be 
     transmitted under subsection (b)(3)(B), except that the 
     Commission may continue to function until January 1, 2012, 
     for the purpose of concluding its activities, including 
     providing testimony to standing committees of Congress 
     concerning its final report under this section and 
     disseminating that report.

[[Page 5673]]


                                 ______
                                 
  SA 3549. Mr. HATCH 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 243, line 3, strike ``under section 248''.
                                 ______
                                 
  SA 3550. Mr. HATCH 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. __. EFFECTIVE DATE.

       Notwithstanding any other provision in this Act, or the 
     amendments made by this Act, titles III, IV, V, and VI of 
     this Act, or the amendments made by such titles, shall not 
     take effect until Congress has appropriated sufficient funds 
     to fully implement the border security and interior 
     enforcement provisions in titles I and II of this Act.
                                 ______
                                 
  SA 3551. Mr. HATCH 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. [  ]. RECAPTURE AND REALLOCATION OF UNUSED VISAS.

       If the numerical limitation for visas described in 
     101(a)(15)(H)(i)(b) has been reached for fiscal year 2006 or 
     a subsequent fiscal year, such numerical limitation shall be 
     supplemented in a number equal to the number of H-2C visas, 
     if any, not issued during the relevant fiscal year.
                                 ______
                                 
  SA 3552. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her 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. __. RESIDENCY REQUIREMENTS FOR CERTAIN ALIEN SPOUSES.

       Notwithstanding any other provision of law, for purposes of 
     determining eligibility for naturalization under section 319 
     of the Immigration and Nationality Act with respect to an 
     alien spouse who is married to a citizen spouse who was 
     stationed abroad on orders from the United States Government 
     for a period of not less than 1 year and reassigned to the 
     United States thereafter, the following rules shall apply:
       (1) The citizen spouse shall be treated as regularly 
     scheduled abroad without regard to whether the citizen spouse 
     is reassigned to duty in the United States.
       (2) Any period of time during which the alien spouse is 
     living abroad with his or her citizen spouse shall be treated 
     as residency within the United States for purposes of meeting 
     the residency requirements under section 319 of the 
     Immigration and Nationality Act, even if the citizen spouse 
     is reassigned to duty in the United States at the time the 
     alien spouse files an application for naturalization.
                                 ______
                                 
  SA 3553. Mr. BROWNBACK 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 346, line 4, insert ``(other than subparagraph 
     (C)(i)(II) of such paragraph (9))'' after ``212(a)''.
       On page 347, strike lines 9 through 12, and insert the 
     following:
       ``(3) Ineligibility.--An alien is ineligible for 
     conditional nonimmigrant work authorization and status under 
     this section if--
       ``(A) a final order of removal under section 217, 235, 238, 
     or 240 has been entered against the alien on or before the 
     date of enactment of this Act, or a removal proceeding 
     pursuant to section 217, 235, 238, or 240 has been commenced 
     on or before the date of enactment of this Act;
       ``(B) the alien failed to depart the United States during 
     the period of a voluntary departure order entered under 
     section 240B;
       ``(C) the Secretary of Homeland Security determines that--
       ``(i) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(ii) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(iii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(D) the alien has been convicted of any felony or three 
     or more misdemeanors; or
       ``(E) the alien willfully fails to comply with any request 
     for information by the Secretary of Homeland Security.
                                 ______
                                 
  SA 3554. Mrs. CLINTON submitted an amendment intended to be proposed 
by her 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.__. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF 
                   PERMANENT RESIDENTS AWAITING THE AVAILABILITY 
                   OF AN IMMIGRANT VISA.

       Section 101(a)(15)(V) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(V)) is amended--
       (1) by striking ``the date of the enactment of the Legal 
     Immigration Family Equity Act'' and inserting ``January 1, 
     2011''; and
       (2) by striking ``3 years'' each place it appears and 
     inserting ``180 days''.
                                 ______
                                 
  SA 3555. Mr. KENNEDY 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.__. DISCRETIONARY AUTHORITY.

       Section 212(i) (8 U.S.C. 1182(i)) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2)(A) The Secretary of Homeland Security may waive the 
     application of subsection (a)(6)(C)--
       ``(i) in the case of an immigrant who is the spouse, 
     parent, son, or daughter of a United States citizen or of an 
     alien lawfully admitted for permanent residence, if the 
     Secretary of Homeland Security determines that the refusal of 
     admission to the United States of such immigrant alien would 
     result in extreme hardship to the citizen or lawfully 
     resident spouse, child, son, daughter, or parent of such an 
     alien; or
       ``(ii) in the case of an alien granted classification under 
     clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) 
     or (iii) of section 204(a)(1)(B), if--
       ``(I) the alien demonstrates extreme hardship to the alien 
     or the alien's parent or child; and
       ``(II) such parent or child is a United States citizen, a 
     lawful permanent resident, or a qualified alien.
       ``(B) An alien who is granted a waiver under subparagraph 
     (A) shall pay a $2,000 fine.''.
                                 ______
                                 
  SA 3556. Mr. KENNEDY 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.__. FAMILY UNITY.

       Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended--
       (1) in subparagraph (C)(ii), by striking ``between--'' and 
     all that follows and inserting the following: ``between--

       ``(I) the alien having been battered or subjected to 
     extreme cruelty; and
       ``(II) the alien's removal, departure from the United 
     States, reentry or reentries into the United States, or 
     attempted reentry into the United States.''; and

       (2) by adding at the end the following:
       ``(D) Waiver.--
       ``(i) In general.--The Secretary may waive the application 
     of subparagraphs (B) and (C) for an alien who is a 
     beneficiary of a petition filed under section 201 or 203 if 
     such petition was filed not later than the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006.
       ``(ii) Fine.--An alien who is granted a waiver under clause 
     (i) shall pay a $2,000 fine.''.
                                 ______
                                 
  SA 3557. Mr. NELSON of Florida 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. 234. DETENTION STANDARDS.

       (a) Codification of Detention Operations.--In order to 
     ensure uniformity in the safety and security of all 
     facilities used or contracted by the Secretary to hold alien 
     detainees and to ensure the fair treatment and access to 
     counsel of all alien detainees, not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall

[[Page 5674]]

     issue the provisions of the Detention Operations Manual of 
     the Department, including all amendments made to such Manual 
     since it was issued in 2000, as regulations for the 
     Department. Such regulations shall be subject to the notice 
     and comment requirements of subchapter II of chapter 5 of 
     title 5, United States Code (commonly referred to as the 
     Administrative Procedure Act) and shall apply to all 
     facilities used by the Secretary to hold detainees for more 
     than 72 hours.
       (b) Detention Standards for Nuclear Family Units and 
     Certain Non-Criminal Aliens.--For all facilities used or 
     contracted by the Secretary to hold aliens, the regulations 
     described in subsection (a) shall--
       (1) provide for sight and sound separation of alien 
     detainees without any criminal convictions from criminal 
     inmates and pretrial detainees facing criminal prosecution; 
     and
       (2) establish specific standards for detaining nuclear 
     family units together and for detaining non-criminal 
     applicants for asylum, withholding of removal, or protection 
     under the Convention Against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984, in civilian facilities cognizant of their 
     special needs.
       (c) Legal Orientation to Ensure Effective Removal 
     Process.--All alien detainees shall receive legal orientation 
     presentations from an independent non-profit agency as 
     implemented by the Executive Office for Immigration Review of 
     the Department of Justice in order to both maximize the 
     efficiency and effectiveness of removal proceedings and to 
     reduce detention costs.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3558. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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. 233. DETENTION OF ILLEGAL ALIENS.

       (a) Increasing Detention Bed Space.--Section 5204(a) of the 
     Intelligence Reform and Terrorism Protection Act of 2004 
     (Public Law 108-458; 118 Stat. 3734) is amended by striking 
     ``8,000'' and inserting ``20,000''.
       (b) Construction of or Acquisition of Detention 
     Facilities.--
       (1) Requirement to construct or acquire.--The Secretary 
     shall construct or acquire additional detention facilities in 
     the United States to accommodate the detention beds required 
     by section 5204(c) of the Intelligence Reform and Terrorism 
     Protection Act of 2004, as amended by subsection (a).
       (2) Use of alternate detention facilities.--Subject to the 
     availability of appropriations, the Secretary shall fully 
     utilize all possible options to cost effectively increase 
     available detention capacities, and shall utilize detention 
     facilities that are owned and operated by the Federal 
     Government if the use of such facilities is cost effective.
       (3) Use of installations under base closure laws.--In 
     acquiring additional detention facilities under this 
     subsection, the Secretary shall consider the transfer of 
     appropriate portions of military installations approved for 
     closure or realignment under the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) for use in accordance with 
     subsection (a).
       (4) Determination of location.--The location of any 
     detention facility constructed or acquired in accordance with 
     this subsection shall be determined, with the concurrence of 
     the Secretary, by the senior officer responsible for 
     Detention and Removal Operations in the Department. The 
     detention facilities shall be located so as to enable the 
     officers and employees of the Department to increase to the 
     maximum extent practicable the annual rate and level of 
     removals of illegal aliens from the United States.
       (c) Alternatives to Detention to Ensure Compliance With the 
     Law.--The Secretary shall implement demonstration programs in 
     each State located along the international border between the 
     United States and Canada or along the international border 
     between the United States and Mexico, and at select sites in 
     the interior with significant numbers of alien detainees, to 
     study the effectiveness of alternatives to the detention of 
     aliens, including electronic monitoring devices, to ensure 
     that such aliens appear in immigration court proceedings and 
     comply with immigration appointments and removal orders.
       (d) Legal Representation.--No alien shall be detained by 
     the Secretary in a location that limits the alien's 
     reasonable access to visits and telephone calls by local 
     legal counsel and necessary legal materials. Upon active or 
     constructive notice that a detained alien is represented by 
     an attorney, the Secretary shall ensure that the alien is not 
     moved from the alien's detention facility without providing 
     that alien and the alien's attorney reasonable notice in 
     advance of such move.
       (e) Funding to Construct or Acquire Detention Facilities.--
     Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by 
     striking ``may expend'' and inserting ``shall expend''.
       (f) Annual Report to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, in consultation with the heads of other 
     appropriate Federal agencies, the Secretary shall submit to 
     Congress an assessment of the additional detention facilities 
     and bed space needed to detain unlawful aliens apprehended at 
     the United States ports of entry or along the international 
     land borders of the United States.
                                 ______
                                 
  SA 3559. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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. 103. SURVEILLANCE TECHNOLOGIES PROGRAMS.

       (a) Aerial Surveillance Program.--
       (1) In general.--In conjunction with the border 
     surveillance plan developed under section 5201 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
     later than 90 days after the date of enactment of this Act, 
     shall develop and implement a program to fully integrate and 
     utilize aerial surveillance technologies, including unmanned 
     aerial vehicles, to enhance the security of the international 
     border between the United States and Canada and the 
     international border between the United States and Mexico. 
     The goal of the program shall be to ensure continuous 
     monitoring of each mile of each such border.
       (2) Assessment and consultation requirements.--In 
     developing the program under this subsection, the Secretary 
     shall--
       (A) consider current and proposed aerial surveillance 
     technologies;
       (B) assess the feasibility and advisability of utilizing 
     such technologies to address border threats, including an 
     assessment of the technologies considered best suited to 
     address respective threats;
       (C) consult with the Secretary of Defense regarding any 
     technologies or equipment, which the Secretary may deploy 
     along an international border of the United States; and
       (D) consult with the Administrator of the Federal Aviation 
     Administration regarding safety, airspace coordination and 
     regulation, and any other issues necessary for implementation 
     of the program.
       (3) Additional requirements.--
       (A) In general.--The program developed under this 
     subsection shall include the use of a variety of aerial 
     surveillance technologies in a variety of topographies and 
     areas, including populated and unpopulated areas located on 
     or near an international border of the United States, in 
     order to evaluate, for a range of circumstances--
       (i) the significance of previous experiences with such 
     technologies in border security or critical infrastructure 
     protection;
       (ii) the cost and effectiveness of various technologies for 
     border security, including varying levels of technical 
     complexity; and
       (iii) liability, safety, and privacy concerns relating to 
     the utilization of such technologies for border security.
       (4) Continued use of aerial surveillance technologies.--The 
     Secretary may continue the operation of aerial surveillance 
     technologies while assessing the effectiveness of the 
     utilization of such technologies.
       (5) Report to congress.--Not later than 180 days after 
     implementing the program under this subsection, the Secretary 
     shall submit a report to Congress regarding the program 
     developed under this subsection. The Secretary shall include 
     in the report a description of the program together with such 
     recommendations as the Secretary finds appropriate for 
     enhancing the program.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (b) Integrated and Automated Surveillance Program.--
       (1) Requirement for program.--Subject to the availability 
     of appropriations, the Secretary shall establish a program to 
     procure additional unmanned aerial vehicles, cameras, poles, 
     sensors, satellites, radar coverage, and other technologies 
     necessary to achieve operational control of the international 
     borders of the United States and to establish a security 
     perimeter known as a ``virtual fence'' along such 
     international borders to provide a barrier to illegal 
     immigration. Such program shall be known as the Integrated 
     and Automated Surveillance Program.
       (2) Program components.--The Secretary shall ensure, to the 
     maximum extent feasible, the Integrated and Automated 
     Surveillance Program is carried out in a manner that--
       (A) the technologies utilized in the Program are integrated 
     and function cohesively

[[Page 5675]]

     in an automated fashion, including the integration of motion 
     sensor alerts and cameras, whereby a sensor alert 
     automatically activates a corresponding camera to pan and 
     tilt in the direction of the triggered sensor;
       (B) cameras utilized in the Program do not have to be 
     manually operated;
       (C) such camera views and positions are not fixed;
       (D) surveillance video taken by such cameras can be viewed 
     at multiple designated communications centers;
       (E) a standard process is used to collect, catalog, and 
     report intrusion and response data collected under the 
     Program;
       (F) future remote surveillance technology investments and 
     upgrades for the Program can be integrated with existing 
     systems;
       (G) performance measures are developed and applied that can 
     evaluate whether the Program is providing desired results and 
     increasing response effectiveness in monitoring and detecting 
     illegal intrusions along the international borders of the 
     United States;
       (H) plans are developed under the Program to streamline 
     site selection, site validation, and environmental assessment 
     processes to minimize delays of installing surveillance 
     technology infrastructure;
       (I) standards are developed under the Program to expand the 
     shared use of existing private and governmental structures to 
     install remote surveillance technology infrastructure where 
     possible; and
       (J) standards are developed under the Program to identify 
     and deploy the use of nonpermanent or mobile surveillance 
     platforms that will increase the Secretary's mobility and 
     ability to identify illegal border intrusions.
       (3) Report to congress.--Not later than 1 year after the 
     initial implementation of the Integrated and Automated 
     Surveillance Program, the Secretary shall submit to Congress 
     a report regarding the Program. The Secretary shall include 
     in the report a description of the Program together with any 
     recommendation that the Secretary finds appropriate for 
     enhancing the program.
       (4) Evaluation of contractors.--
       (A)  Requirement for standards.--The Secretary shall 
     develop appropriate standards to evaluate the performance of 
     any contractor providing goods or services to carry out the 
     Integrated and Automated Surveillance Program.
       (B) Review by the inspector general.--The Inspector General 
     of the Department shall timely review each new contract 
     related to the Program that has a value of more than 
     $5,000,000, to determine whether such contract fully complies 
     with applicable cost requirements, performance objectives, 
     program milestones, and schedules. The Inspector General 
     shall report the findings of such review to the Secretary in 
     a timely manner. Not later than 30 days after the date the 
     Secretary receives a report of findings from the Inspector 
     General, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report of such findings and a description 
     of any the steps that the Secretary has taken or plans to 
     take in response to such findings.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
                                 ______
                                 
  SA 3560. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3424 proposed by Mr. Frist 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, line 18, strike ``500'' and insert ``1,500''.
       On page 7, line 2, strike ``1000'' and insert ``2,000''.
       On page 7, line 10, strike ``200'' and insert ``400''.
       On page 8, strike lines 9 through 15 and insert the 
     following:
     preceding fiscal year), by 4,000 for each of fiscal years 
     2006 through 2011.
       At the appropriate place, insert the following:
       (c) Detention and Removal Officers.--
       (1) In general.--During each of the fiscal years 2007 
     through 2011, the Secretary shall, subject to the 
     availability of appropriations for such purposes, designate a 
     Detention and Removal officer to be placed in each Department 
     field office whose sole responsibility will be to ensure 
     safety and security at a detention facility and that each 
     detention facility comply with the standards and regulations 
     required by paragraphs (2), (3), and (4).
       (2) Codification of detention operations.--In order to 
     ensure uniformity in the safety and security of all 
     facilities used or contracted by the Secretary to hold alien 
     detainees and to ensure the fair treatment and access to 
     counsel of all alien detainees, not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     issue the provisions of the Detention Operations Manual of 
     the Department, including all amendments made to such Manual 
     since it was issued in 2000, as regulations for the 
     Department. Such regulations shall be subject to the notice 
     and comment requirements of subchapter II of chapter 5 of 
     title 5, United States Code (commonly referred to as the 
     Administrative Procedure Act) and shall apply to all 
     facilities used by the Secretary to hold detainees for more 
     than 72 hours.
       (3) Detention standards for nuclear family units and 
     certain non-criminal aliens.--For all facilities used or 
     contracted by the Secretary to hold aliens, the regulations 
     described in paragraph (2) shall--
       (A) provide for sight and sound separation of alien 
     detainees without any criminal convictions from criminal 
     inmates and pretrial detainees facing criminal prosecution; 
     and
       (B) establish specific standards for detaining nuclear 
     family units together and for detaining non-criminal 
     applicants for asylum, withholding of removal, or protection 
     under the Convention Against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984, in civilian facilities cognizant of their 
     special needs.
       (4) Legal orientation to ensure effective removal 
     process.--All alien detainees shall receive legal orientation 
     presentations from an independent non-profit agency as 
     implemented by the Executive Office for Immigration Review of 
     the Department of Justice in order to both maximize the 
     efficiency and effectiveness of removal proceedings and to 
     reduce detention costs.
       (d) Legal Personnel.--During each of fiscal years 2007 
     through 2011, the Secretary shall, subject to the 
     availability of appropriations, increase the number of 
     positions for attorneys in the Office of General Counsel of 
     the Department by at least 200 to represent the Department in 
     immigration matters for the fiscal year.

     SEC. 102. DEPARTMENT OF JUSTICE PERSONNEL; DEFENSE ATTORNEYS.

       (a)  In General.--During each of fiscal years 2007 through 
     2011, the Attorney General shall, subject to the availability 
     of appropriations, add--
       (1) at least 50 positions for attorneys in the Office of 
     Immigration Litigation of the Department of Justice for the 
     fiscal year;
       (2) at least 50 United States Attorneys to litigate 
     immigration cases in the Federal courts for the fiscal year;
       (3) at least 200 Deputy United States Marshals to 
     investigate criminal immigration matters for the fiscal year; 
     and
       (4) at least 50 immigration judges for the fiscal year.
       (b) Defense Attorneys.--
       (1) In general.--During each of fiscal years 2007 through 
     2011, the Director of the Administrative Office of the United 
     States Courts shall, subject to the availability of 
     appropriations, add at least 200 attorneys in the Federal 
     Defenders Program for the fiscal year.
       (2) Pro bono representation.--The Attorney General shall 
     also take all necessary and reasonable steps to ensure that 
     alien detainees receive appropriate pro bono representation 
     in immigration matters.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General for each of fiscal 
     years 2007 through 2011 such sums as are necessary to carry 
     out this section, including the costs of hiring necessary 
     support staff.

       At the appropriate place, insert the following:

     SEC. 234. DETENTION POLICY.

       (a) Directorate of Policy.--The Secretary shall in 
     consultation, with the Director of Policy of the Directorate 
     of Policy, add at least 3 additional positions at the 
     Directorate of Policy that--
       (1) shall be a position at GS-15 of the General Schedule;
       (2) are solely responsible for formulating and executing 
     the policy and regulations pertaining to vulnerable detained 
     populations including unaccompanied alien children, victims 
     of torture, trafficking or other serious harms, the elderly, 
     the mentally disabled, and the infirm; and
       (3) require background and expertise working directly with 
     such vulnerable populations.
       (b) Enhanced Protections for Vulnerable Unaccompanied Alien 
     Children.--
       (1) Mandatory training.--The Secretary shall mandate the 
     training of all personnel who come into contact with 
     unaccompanied alien children in all relevant legal 
     authorities, policies, and procedures pertaining to this 
     vulnerable population in consultation with the head of the 
     Office of Refugee Resettlement of the Department of Health 
     and Human Services and independent child welfare experts.
       (2) Delegation to the office of refugee resettlement.--
     Notwithstanding any other provision of law, the Secretary 
     shall delegate the authority and responsibility granted to 
     the Secretary by the Homeland Security Act of 2002 (Public 
     Law 107-296; 116 Stat. 2135) for transporting unaccompanied 
     alien children who will undergo removal proceedings from 
     Department custody to the custody and care of the Office of 
     Refugee Resettlement and provide sufficient reimbursement to 
     the head of such Office to undertake this critical function. 
     The Secretary shall immediately notify such Office of an 
     unaccompanied alien child in the custody of the Department 
     and ensure that the child is transferred to the

[[Page 5676]]

     custody of such Office as soon as practicable, but not later 
     than 72 hours after the child is taken into the custody of 
     the Department.
       (3) Other policies and procedures.--The Secretary shall 
     further adopt important policies and procedures--
       (A) for reliable age-determinations of children which 
     exclude the use of fallible forensic testing of children's 
     bones and teeth in consultation with medical and child 
     welfare experts;
       (B) to ensure the privacy and confidentiality of 
     unaccompanied alien children's records, including 
     psychological and medical reports, so that the information is 
     not used adversely against the child in removal proceedings 
     or for any other immigration action; and
       (C) in close consultation with the Secretary of State and 
     the head of the Office of Refugee Resettlement, to ensure the 
     safe and secure repatriation of unaccompanied alien children 
     to their home countries including through arranging 
     placements of children with their families or other 
     sponsoring agencies and to utilize all legal authorities to 
     defer the child's removal if the child faces a clear risk of 
     life-threatening harm upon return.
       On page 228, line 18, strike ``2,000'' and insert 
     ``4,000''.
       On page 229, line 1, strike ``1,000'' and insert ``2,000''.
                                 ______
                                 
  SA 3561. Mr. NELSON of Florida 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. 103. SURVEILLANCE TECHNOLOGIES PROGRAMS.

       (a) Aerial Surveillance Program.--
       (1) In general.--In conjunction with the border 
     surveillance plan developed under section 5201 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
     later than 90 days after the date of enactment of this Act, 
     shall develop and implement a program to fully integrate and 
     utilize aerial surveillance technologies, including unmanned 
     aerial vehicles, to enhance the security of the international 
     border between the United States and Canada and the 
     international border between the United States and Mexico. 
     The goal of the program shall be to ensure continuous 
     monitoring of each mile of each such border.
       (2) Assessment and consultation requirements.--In 
     developing the program under this subsection, the Secretary 
     shall--
       (A) consider current and proposed aerial surveillance 
     technologies;
       (B) assess the feasibility and advisability of utilizing 
     such technologies to address border threats, including an 
     assessment of the technologies considered best suited to 
     address respective threats;
       (C) consult with the Secretary of Defense regarding any 
     technologies or equipment, which the Secretary may deploy 
     along an international border of the United States; and
       (D) consult with the Administrator of the Federal Aviation 
     Administration regarding safety, airspace coordination and 
     regulation, and any other issues necessary for implementation 
     of the program.
       (3) Additional requirements.--
       (A) In general.--The program developed under this 
     subsection shall include the use of a variety of aerial 
     surveillance technologies in a variety of topographies and 
     areas, including populated and unpopulated areas located on 
     or near an international border of the United States, in 
     order to evaluate, for a range of circumstances--
       (i) the significance of previous experiences with such 
     technologies in border security or critical infrastructure 
     protection;
       (ii) the cost and effectiveness of various technologies for 
     border security, including varying levels of technical 
     complexity; and
       (iii) liability, safety, and privacy concerns relating to 
     the utilization of such technologies for border security.
       (4) Continued use of aerial surveillance technologies.--The 
     Secretary may continue the operation of aerial surveillance 
     technologies while assessing the effectiveness of the 
     utilization of such technologies.
       (5) Report to congress.--Not later than 180 days after 
     implementing the program under this subsection, the Secretary 
     shall submit a report to Congress regarding the program 
     developed under this subsection. The Secretary shall include 
     in the report a description of the program together with such 
     recommendations as the Secretary finds appropriate for 
     enhancing the program.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (b) Integrated and Automated Surveillance Program.--
       (1) Requirement for program.--Subject to the availability 
     of appropriations, the Secretary shall establish a program to 
     procure additional unmanned aerial vehicles, cameras, poles, 
     sensors, satellites, radar coverage, and other technologies 
     necessary to achieve operational control of the international 
     borders of the United States and to establish a security 
     perimeter known as a ``virtual fence'' along such 
     international borders to provide a barrier to illegal 
     immigration. Such program shall be known as the Integrated 
     and Automated Surveillance Program.
       (2) Program components.--The Secretary shall ensure, to the 
     maximum extent feasible, the Integrated and Automated 
     Surveillance Program is carried out in a manner that--
       (A) the technologies utilized in the Program are integrated 
     and function cohesively in an automated fashion, including 
     the integration of motion sensor alerts and cameras, whereby 
     a sensor alert automatically activates a corresponding camera 
     to pan and tilt in the direction of the triggered sensor;
       (B) cameras utilized in the Program do not have to be 
     manually operated;
       (C) such camera views and positions are not fixed;
       (D) surveillance video taken by such cameras can be viewed 
     at multiple designated communications centers;
       (E) a standard process is used to collect, catalog, and 
     report intrusion and response data collected under the 
     Program;
       (F) future remote surveillance technology investments and 
     upgrades for the Program can be integrated with existing 
     systems;
       (G) performance measures are developed and applied that can 
     evaluate whether the Program is providing desired results and 
     increasing response effectiveness in monitoring and detecting 
     illegal intrusions along the international borders of the 
     United States;
       (H) plans are developed under the Program to streamline 
     site selection, site validation, and environmental assessment 
     processes to minimize delays of installing surveillance 
     technology infrastructure;
       (I) standards are developed under the Program to expand the 
     shared use of existing private and governmental structures to 
     install remote surveillance technology infrastructure where 
     possible; and
       (J) standards are developed under the Program to identify 
     and deploy the use of nonpermanent or mobile surveillance 
     platforms that will increase the Secretary's mobility and 
     ability to identify illegal border intrusions.
       (3) Report to congress.--Not later than 1 year after the 
     initial implementation of the Integrated and Automated 
     Surveillance Program, the Secretary shall submit to Congress 
     a report regarding the Program. The Secretary shall include 
     in the report a description of the Program together with any 
     recommendation that the Secretary finds appropriate for 
     enhancing the program.
       (4) Evaluation of contractors.--
       (A)  Requirement for standards.--The Secretary shall 
     develop appropriate standards to evaluate the performance of 
     any contractor providing goods or services to carry out the 
     Integrated and Automated Surveillance Program.
       (B) Review by the inspector general.--The Inspector General 
     of the Department shall timely review each new contract 
     related to the Program that has a value of more than 
     $5,000,000, to determine whether such contract fully complies 
     with applicable cost requirements, performance objectives, 
     program milestones, and schedules. The Inspector General 
     shall report the findings of such review to the Secretary in 
     a timely manner. Not later than 30 days after the date the 
     Secretary receives a report of findings from the Inspector 
     General, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report of such findings and a description 
     of any the steps that the Secretary has taken or plans to 
     take in response to such findings.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
                                 ______
                                 
  SA 3562. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the billl 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. 233. DETENTION OF ILLEGAL ALIENS.

       (a) Increasing Detention Bed Space.--Section 5204(a) of the 
     Intelligence Reform and Terrorism Protection Act of 2004 
     (Public Law 108-458; 118 Stat. 3734) is amended by striking 
     ``8,000'' and inserting ``20,000''.
       (b) Construction of or Acquisition of Detention 
     Facilities.--
       (1) Requirement to construct or acquire.--The Secretary 
     shall construct or acquire additional detention facilities in 
     the United States to accommodate the detention beds required 
     by section 5204(c) of the Intelligence Reform and Terrorism 
     Protection Act of 2004, as amended by subsection (a).

[[Page 5677]]

       (2) Use of alternate detention facilities.--Subject to the 
     availability of appropriations, the Secretary shall fully 
     utilize all possible options to cost effectively increase 
     available detention capacities, and shall utilize detention 
     facilities that are owned and operated by the Federal 
     Government if the use of such facilities is cost effective.
       (3) Use of installations under base closure laws.--In 
     acquiring additional detention facilities under this 
     subsection, the Secretary shall consider the transfer of 
     appropriate portions of military installations approved for 
     closure or realignment under the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) for use in accordance with 
     subsection (a).
       (4) Determination of location.--The location of any 
     detention facility constructed or acquired in accordance with 
     this subsection shall be determined, with the concurrence of 
     the Secretary, by the senior officer responsible for 
     Detention and Removal Operations in the Department. The 
     detention facilities shall be located so as to enable the 
     officers and employees of the Department to increase to the 
     maximum extent practicable the annual rate and level of 
     removals of illegal aliens from the United States.
       (c) Alternatives to Detention to Ensure Compliance With the 
     Law.--The Secretary shall implement demonstration programs in 
     each State located along the international border between the 
     United States and Canada or along the international border 
     between the United States and Mexico, and at select sites in 
     the interior with significant numbers of alien detainees, to 
     study the effectiveness of alternatives to the detention of 
     aliens, including electronic monitoring devices, to ensure 
     that such aliens appear in immigration court proceedings and 
     comply with immigration appointments and removal orders.
       (d) Legal Representation.--No alien shall be detained by 
     the Secretary in a location that limits the alien's 
     reasonable access to visits and telephone calls by local 
     legal counsel and necessary legal materials. Upon active or 
     constructive notice that a detained alien is represented by 
     an attorney, the Secretary shall ensure that the alien is not 
     moved from the alien's detention facility without providing 
     that alien and the alien's attorney reasonable notice in 
     advance of such move.
       (e) Funding to Construct or Acquire Detention Facilities.--
     Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by 
     striking ``may expend'' and inserting ``shall expend''.
       (f) Annual Report to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, in consultation with the heads of other 
     appropriate Federal agencies, the Secretary shall submit to 
     Congress an assessment of the additional detention facilities 
     and bed space needed to detain unlawful aliens apprehended at 
     the United States ports of entry or along the international 
     land borders of the United States.
                                 ______
                                 
  SA 3563. Mr. NELSON of Florida 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. 234. DETENTION STANDARDS.

       (a) Codification of Detention Operations.--In order to 
     ensure uniformity in the safety and security of all 
     facilities used or contracted by the Secretary to hold alien 
     detainees and to ensure the fair treatment and access to 
     counsel of all alien detainees, not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     issue the provisions of the Detention Operations Manual of 
     the Department, including all amendments made to such Manual 
     since it was issued in 2000, as regulations for the 
     Department. Such regulations shall be subject to the notice 
     and comment requirements of subchapter II of chapter 5 of 
     title 5, United States Code (commonly referred to as the 
     Administrative Procedure Act) and shall apply to all 
     facilities used by the Secretary to hold detainees for more 
     than 72 hours.
       (b) Detention Standards for Nuclear Family Units and 
     Certain Non-Criminal Aliens.--For all facilities used or 
     contracted by the Secretary to hold aliens, the regulations 
     described in subsection (a) shall--
       (1) provide for sight and sound separation of alien 
     detainees without any criminal convictions from criminal 
     inmates and pretrial detainees facing criminal prosecution; 
     and
       (2) establish specific standards for detaining nuclear 
     family units together and for detaining non-criminal 
     applicants for asylum, withholding of removal, or protection 
     under the Convention Against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984, in civilian facilities cognizant of their 
     special needs.
       (c) Legal Orientation to Ensure Effective Removal 
     Process.--All alien detainees shall receive legal orientation 
     presentations from an independent non-profit agency as 
     implemented by the Executive Office for Immigration Review of 
     the Department of Justice in order to both maximize the 
     efficiency and effectiveness of removal proceedings and to 
     reduce detention costs.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3564. Mr. NELSON of Florida 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 4, line 26, strike ``250'' and insert ``1,500''.
       On page 5, line 24, strike ``1000'' and insert ``2,000''.
       On page 6, line 8, strike ``200'' and insert ``400''.
       On page 5, strike line 17 and insert ``4000.''
       At the appropriate place, insert the following:
       (c) Detention and Removal Officers.--
       (1) In general.--During each of the fiscal years 2007 
     through 2011, the Secretary shall, subject to the 
     availability of appropriations for such purposes, designate a 
     Detention and Removal officer to be placed in each Department 
     field office whose sole responsibility will be to ensure 
     safety and security at a detention facility and that each 
     detention facility comply with the standards and regulations 
     required by paragraphs (2), (3), and (4).
       (2) Codification of detention operations.--In order to 
     ensure uniformity in the safety and security of all 
     facilities used or contracted by the Secretary to hold alien 
     detainees and to ensure the fair treatment and access to 
     counsel of all alien detainees, not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     issue the provisions of the Detention Operations Manual of 
     the Department, including all amendments made to such Manual 
     since it was issued in 2000, as regulations for the 
     Department. Such regulations shall be subject to the notice 
     and comment requirements of subchapter II of chapter 5 of 
     title 5, United States Code (commonly referred to as the 
     Administrative Procedure Act) and shall apply to all 
     facilities used by the Secretary to hold detainees for more 
     than 72 hours.
       (3) Detention standards for nuclear family units and 
     certain non-criminal aliens.--For all facilities used or 
     contracted by the Secretary to hold aliens, the regulations 
     described in paragraph (2) shall--
       (A) provide for sight and sound separation of alien 
     detainees without any criminal convictions from criminal 
     inmates and pretrial detainees facing criminal prosecution; 
     and
       (B) establish specific standards for detaining nuclear 
     family units together and for detaining non-criminal 
     applicants for asylum, withholding of removal, or protection 
     under the Convention Against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984, in civilian facilities cognizant of their 
     special needs.
       (4) Legal orientation to ensure effective removal 
     process.--All alien detainees shall receive legal orientation 
     presentations from an independent non-profit agency as 
     implemented by the Executive Office for Immigration Review of 
     the Department of Justice in order to both maximize the 
     efficiency and effectiveness of removal proceedings and to 
     reduce detention costs.
       (d) Legal Personnel.--During each of fiscal years 2007 
     through 2011, the Secretary shall, subject to the 
     availability of appropriations, increase the number of 
     positions for attorneys in the Office of General Counsel of 
     the Department by at least 200 to represent the Department in 
     immigration matters for the fiscal year.

     SEC. 102. DEPARTMENT OF JUSTICE PERSONNEL; DEFENSE ATTORNEYS.

       (a)  In General.--During each of fiscal years 2007 through 
     2011, the Attorney General shall, subject to the availability 
     of appropriations, add--
       (1) at least 50 positions for attorneys in the Office of 
     Immigration Litigation of the Department of Justice for the 
     fiscal year;
       (2) at least 50 United States Attorneys to litigate 
     immigration cases in the Federal courts for the fiscal year;
       (3) at least 200 Deputy United States Marshals to 
     investigate criminal immigration matters for the fiscal year; 
     and
       (4) at least 50 immigration judges for the fiscal year.
       (b) Defense Attorneys.--
       (1) In general.--During each of fiscal years 2007 through 
     2011, the Director of the Administrative Office of the United 
     States Courts shall, subject to the availability of 
     appropriations, add at least 200 attorneys in the Federal 
     Defenders Program for the fiscal year.
       (2) Pro bono representation.--The Attorney General shall 
     also take all necessary and reasonable steps to ensure that 
     alien detainees receive appropriate pro bono representation 
     in immigration matters.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General for each of fiscal 
     years

[[Page 5678]]

     2007 through 2011 such sums as are necessary to carry out 
     this section, including the costs of hiring necessary support 
     staff.
       At the appropriate place, insert the follwing:

     SEC. 234. DETENTION POLICY.

       (a) Directorate of Policy.--The Secretary shall in 
     consultation, with the Director of Policy of the Directorate 
     of Policy, add at least 3 additional positions at the 
     Directorate of Policy that--
       (1) shall be a position at GS-15 of the General Schedule;
       (2) are solely responsible for formulating and executing 
     the policy and regulations pertaining to vulnerable detained 
     populations including unaccompanied alien children, victims 
     of torture, trafficking or other serious harms, the elderly, 
     the mentally disabled, and the infirm; and
       (3) require background and expertise working directly with 
     such vulnerable populations.
       (b) Enhanced Protections for Vulnerable Unaccompanied Alien 
     Children.--
       (1) Mandatory training.--The Secretary shall mandate the 
     training of all personnel who come into contact with 
     unaccompanied alien children in all relevant legal 
     authorities, policies, and procedures pertaining to this 
     vulnerable population in consultation with the head of the 
     Office of Refugee Resettlement of the Department of Health 
     and Human Services and independent child welfare experts.
       (2) Delegation to the office of refugee resettlement.--
     Notwithstanding any other provision of law, the Secretary 
     shall delegate the authority and responsibility granted to 
     the Secretary by the Homeland Security Act of 2002 (Public 
     Law 107-296; 116 Stat. 2135) for transporting unaccompanied 
     alien children who will undergo removal proceedings from 
     Department custody to the custody and care of the Office of 
     Refugee Resettlement and provide sufficient reimbursement to 
     the head of such Office to undertake this critical function. 
     The Secretary shall immediately notify such Office of an 
     unaccompanied alien child in the custody of the Department 
     and ensure that the child is transferred to the custody of 
     such Office as soon as practicable, but not later than 72 
     hours after the child is taken into the custody of the 
     Department.
       (3) Other policies and procedures.--The Secretary shall 
     further adopt important policies and procedures--
       (A) for reliable age-determinations of children which 
     exclude the use of fallible forensic testing of children's 
     bones and teeth in consultation with medical and child 
     welfare experts;
       (B) to ensure the privacy and confidentiality of 
     unaccompanied alien children's records, including 
     psychological and medical reports, so that the information is 
     not used adversely against the child in removal proceedings 
     or for any other immigration action; and
       (C) in close consultation with the Secretary of State and 
     the head of the Office of Refugee Resettlement, to ensure the 
     safe and secure repatriation of unaccompanied alien children 
     to their home countries including through arranging 
     placements of children with their families or other 
     sponsoring agencies and to utilize all legal authorities to 
     defer the child's removal if the child faces a clear risk of 
     life-threatening harm upon return.
       On page 203, line 10, strike ``2,000'' and insert 
     ``4,000''.
       On page 203, line 18, strike ``1,000'' and insert 
     ``2,000''.
                                 ______
                                 
  SA 3565. Mr. LEVIN (for himself and Ms. Stabenow) 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. __. SCREENING OF MUNICIPAL SOLID WASTE.

       (a) Definitions.--In this section:
       (1) Bureau.--The term `` Bureau'' means the Bureau of 
     Customs and Border Protection.
       (2) Commercial motor vehicle.--The term ``commercial motor 
     vehicle'' has the meaning given the term in section 31101 of 
     title 49, United States Code.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau.
       (4) Municipal solid waste.--The term ``municipal solid 
     waste'' includes sludge (as defined in section 1004 of the 
     Solid Waste Disposal Act (42 U.S.C. 6903)).
       (b) Reports to Congress.--Not later than 90 days after the 
     date of enactment of this Act, the Commissioner shall submit 
     to Congress a report that--
       (1) indicates whether the methodologies and technologies 
     used by the Bureau to screen for and detect the presence of 
     chemical, nuclear, biological, and radiological weapons in 
     municipal solid waste are as effective as the methodologies 
     and technologies used by the Bureau to screen for those 
     materials in other items of commerce entering the United 
     States through commercial motor vehicle transport; and
       (2) if the report indicates that the methodologies and 
     technologies used to screen municipal solid waste are less 
     effective than those used to screen other items of commerce, 
     identifies the actions that the Bureau will take to achieve 
     the same level of effectiveness in the screening of municipal 
     solid waste, including actions necessary to meet the need for 
     additional screening technologies.
       (c) Impact on Commercial Motor Vehicles.--If the 
     Commissioner fails to fully implement an action identified 
     under subsection (b)(2) before the earlier of the date that 
     is 180 days after the date on which the report under 
     subsection (b) is required to be submitted or the date that 
     is 180 days after the date on which the report is submitted, 
     the Secretary shall deny entry into the United States of any 
     commercial motor vehicle carrying municipal solid waste until 
     the Secretary certifies to Congress that the methodologies 
     and technologies used by the Bureau to screen for and detect 
     the presence of chemical, nuclear, biological, and 
     radiological weapons in municipal solid waste are as 
     effective as the methodologies and technologies used by the 
     Bureau to screen for those materials in other items of 
     commerce entering into the United States through commercial 
     motor vehicle transport.
                                 ______
                                 
  SA 3566. Mr. LEVIN (for himself, Mr. Kennedy, and Ms. Stabenow) 
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 42, strike lines 16 through 18 and insert the 
     following:
       (a) Denial or Termination of Asylum.--Section 208 (8 U.S.C. 
     1158) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(A)(v), by striking ``or (VI)'' and 
     inserting ``(V), (VI), (VII), or (VIII)''; and
       (B) by adding at the end the following:
       ``(4) Changed country conditions.--An alien seeking asylum 
     based on persecution or a well-founded fear of persecution 
     shall not be denied asylum based on changed country 
     conditions unless fundamental and lasting changes have 
     stabilized the country of the alien's nationality.''; and
       (2) in subsection (c)(2)(A), by striking ``a fundamental 
     change in circumstances'' and inserting ``fundamental and 
     lasting changes that have stabilized the country of the 
     alien's nationality''.
                                 ______
                                 
  SA 3567. Mr. LEVIN (for himself, Mr. Kennedy, and Ms. Stabenow) 
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:
       (a) Denial or Termination of Asylum.--Section 208 (8 U.S.C. 
     1158) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(A)(v), by striking ``or (VI)'' and 
     inserting ``(V), (VI), (VII), or (VIII)''; and
       (B) by adding at the end the following:
       ``(4) Changed country conditions.--An alien seeking asylum 
     based on persecution or a well-founded fear of persecution 
     shall not be denied asylum based on changed country 
     conditions unless fundamental and lasting changes have 
     stabilized the country of the alien's nationality.''; and
       (2) in subsection (c)(2)(A), by striking ``a fundamental 
     change in circumstances'' and inserting ``fundamental and 
     lasting changes that have stabilized the country of the 
     alien's nationality''.
                                 ______
                                 
  SA 3568. Mr. LEVIN (for himself and Ms. Stabenow) 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. __. SCREENING OF MUNICIPAL SOLID WASTE.

       (a) Definitions.--In this section:
       (1) Bureau.--The term `` Bureau'' means the Bureau of 
     Customs and Border Protection.
       (2) Commercial motor vehicle.--The term ``commercial motor 
     vehicle'' has the meaning given the term in section 31101 of 
     title 49, United States Code.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau.
       (4) Municipal solid waste.--The term ``municipal solid 
     waste'' includes sludge (as defined in section 1004 of the 
     Solid Waste Disposal Act (42 U.S.C. 6903)).
       (b) Reports to Congress.--Not later than 90 days after the 
     date of enactment of this

[[Page 5679]]

     Act, the Commissioner shall submit to Congress a report 
     that--
       (1) indicates whether the methodologies and technologies 
     used by the Bureau to screen for and detect the presence of 
     chemical, nuclear, biological, and radiological weapons in 
     municipal solid waste are as effective as the methodologies 
     and technologies used by the Bureau to screen for those 
     materials in other items of commerce entering the United 
     States through commercial motor vehicle transport; and
       (2) if the report indicates that the methodologies and 
     technologies used to screen municipal solid waste are less 
     effective than those used to screen other items of commerce, 
     identifies the actions that the Bureau will take to achieve 
     the same level of effectiveness in the screening of municipal 
     solid waste, including actions necessary to meet the need for 
     additional screening technologies.
       (c) Impact on Commercial Motor Vehicles.--If the 
     Commissioner fails to fully implement an action identified 
     under subsection (b)(2) before the earlier of the date that 
     is 180 days after the date on which the report under 
     subsection (b) is required to be submitted or the date that 
     is 180 days after the date on which the report is submitted, 
     the Secretary shall deny entry into the United States of any 
     commercial motor vehicle carrying municipal solid waste until 
     the Secretary certifies to Congress that the methodologies 
     and technologies used by the Bureau to screen for and detect 
     the presence of chemical, nuclear, biological, and 
     radiological weapons in municipal solid waste are as 
     effective as the methodologies and technologies used by the 
     Bureau to screen for those materials in other items of 
     commerce entering into the United States through commercial 
     motor vehicle transport.
                                 ______
                                 
  SA 3569. Mr. LEVIN (for himself and Ms. Collins) 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 33, strike lines 1 through 15 and insert the 
     following:

     SEC. 122. SECURE COMMUNICATION.

       (a) In General.--The Secretary shall, as expeditiously as 
     practicable, develop and implement a plan to improve the use 
     of satellite communications and other technologies to ensure 
     clear and secure 2-way communication capabilities--
       (1) among all Border Patrol agents conducting operations 
     between ports of entry;
       (2) between Border Patrol agents and their respective 
     Border Patrol stations;
       (3) between Border Patrol agents and residents in remote 
     areas along the international land borders of the United 
     States; and
       (4) between all appropriate border security agencies of the 
     Department and State, local, and tribal law enforcement 
     agencies.
       (b) Communication System Grants.--
       (1) Definitions.--In this subsection--
       (A) the term ``demonstration project'' means the 
     demonstration project established under paragraph (2)(A); and
       (B) the term ``emergency response provider'' has the 
     meaning given that term in section 2(6) the Homeland Security 
     Act of 2002 (6 U.S.C. 101(6)).
       (2) In general.--
       (A) Establishment.--There is established in the Department 
     an International Border Community Interoperable 
     Communications Demonstration Project.
       (B) Minimum number of communities.--The Secretary shall 
     select not fewer than 6 communities to participate in the 
     demonstration project.
       (C) Location of communities.--Not fewer than 3 of the 
     communities selected under subparagraph (B) shall be located 
     on the northern border of the United States and not fewer 
     than 3 of the communities selected under subparagraph (B) 
     shall be located on the southern border of the United States.
       (3) Project requirements.--The demonstration project 
     shall--
       (A) address the interoperable communications needs of 
     border patrol agents and other Federal officials involved in 
     border security activities, police officers, National Guard 
     personnel, and emergency response providers;
       (B) foster interoperable communications--
       (i) among Federal, State, local, and tribal government 
     agencies in the United States involved in security and 
     response activities along the international land borders of 
     the United States; and
       (ii) with similar agencies in Canada and Mexico;
       (C) identify common international cross-border frequencies 
     for communications equipment, including radio or computer 
     messaging equipment;
       (D) foster the standardization of interoperable 
     communications equipment;
       (E) identify solutions that will facilitate communications 
     interoperability across national borders expeditiously;
       (F) ensure that border patrol agents and other Federal 
     officials involved in border security activities, police 
     officers, National Guard personnel, and emergency response 
     providers can communicate with each another and the public at 
     disaster sites or in the event of a terrorist attack or other 
     catastrophic event;
       (G) provide training and equipment to enable border patrol 
     agents and other Federal officials involved in border 
     security activities, police officers, National Guard 
     personnel, and emergency response providers to deal with 
     threats and contingencies in a variety of environments; and
       (H) identify and secure appropriate joint-use equipment to 
     ensure communications access.
       (4) Distribution of funds.--
       (A) In general.--The Secretary shall distribute funds under 
     this subsection to each community participating in the 
     demonstration project through the State, or States, in which 
     each community is located.
       (B) Other participants.--Not later than 60 days after 
     receiving funds under subparagraph (A), a State receiving 
     funds under this subsection shall make the funds available to 
     the local governments and emergency response providers 
     participating in the demonstration project, as selected by 
     the Secretary.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary in each of 
     fiscal years 2006, 2007, and 2008, to carry out this 
     subsection.
       (6) Reporting.--Not later than December 31, 2006, and each 
     year thereafter in which funds are appropriated for the 
     demonstration project, the Secretary shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report on the demonstration 
     project.
                                 ______
                                 
  SA 3570. Mr. LEVIN (for himself and Ms. Collins) 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 42, between lines 11 and 12, insert the following:

     SEC. 131. COMMUNICATION SYSTEM GRANTS.

       (a) Definitions.--In this section--
       (1) the term ``demonstration project'' means the 
     demonstration project established under subsection (b)(1); 
     and
       (2) the term ``emergency response provider'' has the 
     meaning given that term in section 2(6) the Homeland Security 
     Act of 2002 (6 U.S.C. 101(6)).
       (b) In General.--
       (1) Establishment.--There is established in the Department 
     an International Border Community Interoperable 
     Communications Demonstration Project.
       (2) Minimum number of communities.--The Secretary shall 
     select not fewer than 6 communities to participate in the 
     demonstration project.
       (3) Location of communities.--Not fewer than 3 of the 
     communities selected under paragraph (2) shall be located on 
     the northern border of the United States and not fewer than 3 
     of the communities selected under paragraph (2) shall be 
     located on the southern border of the United States.
       (c) Project Requirements.--The demonstration project 
     shall--
       (1) address the interoperable communications needs of 
     border patrol agents and other Federal officials involved in 
     border security activities, police officers, National Guard 
     personnel, and emergency response providers;
       (2) foster interoperable communications--
       (A) among Federal, State, local, and tribal government 
     agencies in the United States involved in security and 
     response activities along the international land borders of 
     the United States; and
       (B) with similar agencies in Canada and Mexico;
       (3) identify common international cross-border frequencies 
     for communications equipment, including radio or computer 
     messaging equipment;
       (4) foster the standardization of interoperable 
     communications equipment;
       (5) identify solutions that will facilitate communications 
     interoperability across national borders expeditiously;
       (6) ensure that border patrol agents and other Federal 
     officials involved in border security activities, police 
     officers, National Guard personnel, and emergency response 
     providers can communicate with each another and the public at 
     disaster sites or in the event of a terrorist attack or other 
     catastrophic event;
       (7) provide training and equipment to enable border patrol 
     agents and other Federal officials involved in border 
     security activities, police officers, National Guard 
     personnel, and emergency response providers to deal with 
     threats and contingencies in a variety of environments; and
       (8) identify and secure appropriate joint-use equipment to 
     ensure communications access.
       (d) Distribution of Funds.--
       (1) In general.--The Secretary shall distribute funds under 
     this section to each community participating in the 
     demonstration project through the State, or States, in which 
     each community is located.

[[Page 5680]]

       (2) Other participants.--Not later than 60 days after 
     receiving funds under paragraph (1), a State receiving funds 
     under this section shall make the funds available to the 
     local governments and emergency response providers 
     participating in the demonstration project, as selected by 
     the Secretary.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary in each of 
     fiscal years 2006, 2007, and 2008, to carry out this section.
       (f) Reporting.--Not later than December 31, 2006, and each 
     year thereafter in which funds are appropriated for the 
     demonstration project, the Secretary shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report on the demonstration 
     project.
                                 ______
                                 
  SA 3571. 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 283, strike line 17 and all that follows 
     through page 285, line 9, 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.''.
                                 ______
                                 
  SA 3572. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 3311 submitted by Mr. Kyl (for himself and Mr. Cornyn) and 
intended to be proposed 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 283, strike line 17 and all that follows 
     through page 285 and insert the following:
       ``(n)(1) For purposes of adjustment of status under 
     subsection (a), employment-based immigrant visas shall be 
     made available to an alien having nonimmigrant status 
     described in section 101(a)(15)(H)(ii)(c) upon the filing of 
     a petition for such a visa by the alien's employer.
       ``(2) An alien having nonimmigrant status described in 
     section 101(a)(15)(H)(ii)(c) may not apply for adjustment of 
     status under this section unless the alien--
       ``(A) is physically present in the United States; and
       ``(B) the alien establishes that the alien--
       ``(i) meets the requirements of section 312; or
       ``(ii) is satisfactorily pursuing a course of study to 
     achieve such an understanding of English and knowledge and 
     understanding of the history and government of the United 
     States.
       ``(3) An alien who demonstrates that the alien meets the 
     requirements of section 312 may be considered to have 
     satisfied the requirements of that section for purposes of 
     becoming naturalized as a citizen of the United States under 
     title III.
       ``(4) Filing a petition under paragraph (1) on behalf of an 
     alien or otherwise seeking permanent residence in the United 
     States for such alien shall not constitute evidence of the 
     alien's ineligibility for nonimmigrant status under section 
     101(a)(15)(H)(ii)(c).
       ``(5) The Secretary of Homeland Security shall extend, in 
     1-year increments, the stay of an alien for whom a labor 
     certification petition filed under section 203(b) or an 
     immigrant visa petition filed under section 204(b) is pending 
     until a final decision is made on the alien's lawful 
     permanent residence.
       ``(6) Nothing in this subsection shall be construed to 
     prevent an alien having nonimmigrant status described in 
     section 101(a)(15)(H)(ii)(c) from filing an application for 
     adjustment of status under this section in accordance with 
     any other provision of law.''.
                                 ______
                                 
  SA 3573. 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 347, strike line 13 and all that follows 
     through page 350, line 3, and insert the following:
       ``(c) Treatment of Applications 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 3574. 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:

       On page 347, strike lines 9 through 12, and insert the 
     following:
       ``(6) Ineligibility.--An alien is ineligible for 
     conditional nonimmigrant work authorization and status under 
     this section if--
       ``(A) the alien is subject to a final order of removal 
     under section 217, 235, 238, or 240;
       ``(B) the alien failed to depart the United States during 
     the period of a voluntary departure order entered under 
     section 240B;
       ``(C) the Secretary of Homeland Security determines that--
       ``(i) the alien, having been convicted by a final judgment 
     of a particularly serious crime, constitutes a danger to the 
     community of the United States;
       ``(ii) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(iii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(D) the alien has been convicted of any felony or three 
     or more misdemeanors; or
       ``(E) the alien willfully fails to comply with any request 
     for information by the Secretary of Homeland Security.
                                 ______
                                 
  SA 3575. 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 350, strike line 4 and all that follows 
     through page 351, line 12.
                                 ______
                                 
  SA 3576. Mr. LAUTENBERG (for himself, Mr. Reid, Mr. Menendez, and 
Mrs. Clinton) 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 __--FAMILY HUMANITARIAN RELIEF

     SEC.__1. SHORT TITLE.

       This title may be cited as the ``September 11 Family 
     Humanitarian Relief and Patriotism Act''.

     SEC. __02. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT 
                   VICTIMS OF TERRORISM.

       (a) Adjustment of Status.--
       (1) In general.--The status of any alien described in 
     subsection (b) shall be adjusted by the Secretary of Homeland 
     Security to that of an alien lawfully admitted for permanent 
     residence, if the alien--
       (A) applies for such adjustment not later than 2 years 
     after the date on which the Secretary promulgates final 
     regulations to implement this section; and
       (B) is otherwise admissible to the United States for 
     permanent residence, except in determining such admissibility 
     the grounds for inadmissibility specified in paragraphs (4), 
     (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (2) Rules in applying certain provisions.--
       (A) In general.--In the case of an alien described in 
     subsection (b) who is applying for adjustment of status under 
     this section--
       (i) the provisions of section 241(a)(5) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; 
     and
       (ii) the Secretary of Homeland Security may grant the alien 
     a waiver on the grounds of inadmissibility under 
     subparagraphs (A) and (C) of section 212(a)(9) of such Act (8 
     U.S.C. 1182(a)(9)).
       (B) Standards.--In granting waivers under subparagraph 
     (A)(ii), the Secretary shall use standards used in granting 
     consent under subparagraphs (A)(iii) and (C)(ii) of such 
     section 212(a)(9).
       (3) Relationship of application to certain orders.--
       (A) Application permitted.--An alien present in the United 
     States who has been ordered excluded, deported, removed, or 
     ordered to depart voluntarily from the United States under 
     any provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1).
       (B) Motion not required.--An alien described in 
     subparagraph (A) may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate such order.
       (C) Effect of decision.--If the Secretary of Homeland 
     Security grants a request under subparagraph (A), the 
     Secretary shall cancel the order. If the Secretary renders a 
     final administrative decision to deny the request, the order 
     shall be effective and enforceable to the same extent as if 
     the application had not been made.
       (b) Aliens Eligible for Adjustment of Status.--The benefits 
     provided by subsection (a) shall apply to any alien who--

[[Page 5681]]

       (1) was lawfully present in the United States as a 
     nonimmigrant alien described in section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on 
     September 10, 2001;
       (2) was, on such date, the spouse, child, dependent son, or 
     dependent daughter of an alien who--
       (A) was lawfully present in the United States as a 
     nonimmigrant alien described in section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on 
     such date; and
       (B) died as a direct result of a specified terrorist 
     activity; and
       (3) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Secretary of Homeland Security shall 
     establish, by regulation, a process by which an alien subject 
     to a final order of removal may seek a stay of such order 
     based on the filing of an application under subsection (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), the Secretary of Homeland Security shall not 
     order any alien to be removed from the United States, if the 
     alien is in removal proceedings under any provision of such 
     Act and has applied for adjustment of status under subsection 
     (a), except where the Secretary has rendered a final 
     administrative determination to deny the application.
       (3) Work authorization.--The Secretary of Homeland Security 
     shall authorize an alien who has applied for adjustment of 
     status under subsection (a) to engage in employment in the 
     United States during the pendency of such application.
       (d) Availability of Administrative Review.--The Secretary 
     of Homeland Security shall provide to applicants for 
     adjustment of status under subsection (a) the same right to, 
     and procedures for, administrative review as are provided 
     to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (2) aliens subject to removal proceedings under section 240 
     of such Act (8 U.S.C. 1229a).

     SEC. __03. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT 
                   VICTIMS OF TERRORISM.

       (a) In General.--Subject to the provisions of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     other than subsections (b)(1), (d)(1), and (e) of section 
     240A of such Act (8 U.S.C. 1229b), the Secretary of Homeland 
     Security shall, under such section 240A, cancel the removal 
     of, and adjust to the status of an alien lawfully admitted 
     for permanent residence, an alien described in subsection 
     (b), if the alien applies for such relief.
       (b) Aliens Eligible for Cancellation of Removal.--The 
     benefits provided by subsection (a) shall apply to any alien 
     who--
       (1) was, on September 10, 2001, the spouse, child, 
     dependent son, or dependent daughter of an alien who died as 
     a direct result of a specified terrorist activity; and
       (2) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Secretary of Homeland Security shall 
     provide by regulation for an alien subject to a final order 
     of removal to seek a stay of such order based on the filing 
     of an application under subsection (a).
       (2) Work authorization.--The Secretary of Homeland Security 
     shall authorize an alien who has applied for cancellation of 
     removal under subsection (a) to engage in employment in the 
     United States during the pendency of such application.
       (d) Motions to Reopen Removal Proceedings.--
       (1) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen removal proceedings (except 
     limitations premised on an alien's conviction of an 
     aggravated felony (as defined in section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any 
     alien who has become eligible for cancellation of removal as 
     a result of the enactment of this section may file 1 motion 
     to reopen removal proceedings to apply for such relief.
       (2) Filing period.--The Secretary of Homeland Security 
     shall designate a specific time period in which all such 
     motions to reopen are required to be filed. The period shall 
     begin not later than 60 days after the date of enactment of 
     this Act and shall extend for a period not to exceed 240 
     days.

     SEC.__04. EXCEPTIONS.

       Notwithstanding any other provision of this title, an alien 
     may not be provided relief under this title if the alien is--
       (1) inadmissible under paragraph (2) or (3) of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)), or deportable under paragraph (2) or (4) of section 
     237(a) of such Act (8 U.S.C. 1227(a)), including any 
     individual culpable for a specified terrorist activity; or
       (2) a family member of an alien described in paragraph (1).

     SEC.__05. EVIDENCE OF DEATH.

       For purposes of this title, the Secretary of Homeland 
     Security shall use the standards established under section 
     426 of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT ACT) Act of 2001 (115 Stat. 362) in 
     determining whether death occurred as a direct result of a 
     specified terrorist activity.

     SEC.__06. DEFINITIONS.

       (a) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this title, the definitions used in the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), other than the 
     definitions applicable exclusively to title III of such Act, 
     shall apply in the administration of this title.
       (b) Specified Terrorist Activity.--For purposes of this 
     title, the term ``specified terrorist activity'' means any 
     terrorist activity conducted against the Government or the 
     people of the United States on September 11, 2001.
                                 ______
                                 
  SA 3577. 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 347, strike lines 9 through 12, and insert the 
     following:
       ``(6) Ineligibility.--An alien is ineligible for 
     conditional nonimmigrant work authorization and status under 
     this section if--
       ``(A) the alien is subject to a final order of removal 
     under section 217, 235, 238, or 240;
       ``(B) the alien failed to depart the United States during 
     the period of a voluntary departure order entered under 
     section 240B;
       ``(C) the Secretary of Homeland Security determines that--
       ``(i) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(ii) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(iii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(D) the alien has been convicted of any felony or three 
     or more misdemeanors; or
       ``(E) the alien has entered, the U.S. pursuant to section 
     217 and overstayed the period authorized admission, has been 
     ordered removed under section 235 or 238, or is subject to a 
     final order of removal under section 240.
                                 ______
                                 
  SA 3578. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her 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:

     SEC. __. SOUTHWEST BORDER PROSECUTION INITIATIVE

       (a) Reimbursement to State and Local Prosecutors for 
     Prosecuting Federally-Initiated Drug Cases.--The Attorney 
     General shall, subject to the availability of appropriations, 
     reimburse Southern Border State and county prosecutors for 
     prosecuting federally initiated and referred drug cases.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $50,000,000 for each of the fiscal years 
     2007 through 2012 to carryout subsection (a).
                                 ______
                                 
  SA 3579. Ms. MIKULSKI (for herself and Mr. Warner) submitted an 
amendment intended to be proposed by her 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. __. EXTENSION OF RETURNING WORKER EXEMPTION.

       Section 402(b)(1) of the Save Our Small and Seasonal 
     Businesses Act of 2005 (title IV of division B of Public Law 
     109-13; 8 U.S.C. 1184 note) is amended by striking ``2006'' 
     and inserting ``2009''.
                                 ______
                                 
  SA 3580. 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. ___. FAIRNESS IN THE STUDENT AND EXCHANGE VISITOR 
                   INFORMATION SYSTEM.

       (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

[[Page 5682]]

     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 to 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.
                                 ______
                                 
  SA 3581. Mr. COLEMAN (for himself and Ms. Collins) 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:

     SEC.___. NORTH AMERICAN TRAVEL CARDS.

       (a) Findings.--Congress makes the following findings:
       (1) United States citizens make approximately 130,000,000 
     land border crossings each year between the United States and 
     Canada and the United States and Mexico, with approximately 
     23,000,000 individual United States citizens crossing the 
     border annually.
       (2) Approximately 27 percent of United States citizens 
     possess United States passports.
       (3) In fiscal year 2005, the Secretary of State issued an 
     estimated 10,100,000 passports, representing an increase of 
     15 percent from fiscal year 2004.
       (4) The Secretary of State estimates that 13,000,000 
     passports will be issued in fiscal year 2006, 16,000,000 
     passports will be issued in fiscal year 2007, and 17,000,000 
     passports will be issued in fiscal year 2008.
       (b) North American Travel Cards.--
       (1) Issuance.--In accordance with the Western Hemisphere 
     Travel Initiative carried out pursuant to section 7209 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of 
     State, in consultation with the Secretary, shall, not later 
     than December 31, 2007, issue to a citizen of the United 
     States who submits an application in accordance with 
     paragraph (4) a travel document that will serve as a North 
     American travel card.
       (2) Applicability.--A North American travel card shall be 
     deemed to be a United States passport for the purpose of 
     United States laws and regulations relating to United States 
     passports.
       (3) Limitation on use.--A North American travel card may 
     only be used for the purpose of international travel by 
     United States citizens through land border ports of entry, 
     including ferries, between the United States and Canada and 
     the United States and Mexico.
       (4) Application for issuance.--To be issued a North 
     American travel card, a United States citizen shall submit an 
     application to the Secretary of State. The Secretary of State 
     shall require that such application shall contain the same 
     information as is required to determine citizenship, 
     identity, and eligibility for issuance of a United States 
     passport.
       (5) Technology.--
       (A) Expedited traveler programs.--To the maximum extent 
     practicable, a North American travel card shall be designed 
     and produced to provide a platform on which the expedited 
     traveler programs carried out by the Secretary, such as 
     NEXUS, NEXUS AIR, SENTRI, FAST, and Register Traveler may be 
     added. The Secretary of State and the Secretary shall notify 
     Congress not later than July 1, 2007, if the technology to 
     add expedited travel features to the North American travel 
     card is not developed by that date.
       (B) Technology.--The Secretary of Homeland Security and the 
     Secretary of State shall establish a technology 
     implementation plan that accommodates desired technology 
     requirements of the Department of State and the Department of 
     Homeland Security, allows for future technological 
     innovations, and ensures maximum facilitation at the northern 
     and southern border.
       (6) Specifications for card.--A North American travel card 
     shall be easily portable and durable. The Secretary of State 
     and the Secretary of Homeland Security shall consult 
     regarding the other technical specifications of the card, 
     including whether the security features of the card could be 
     combined with other existing identity documentation.
       (7) Fee.--Except as in provided in paragraph (8), an 
     applicant for a North American travel card shall submit an 
     application under paragraph (4) together with a nonrefundable 
     fee in an amount to be determined by the Secretary of State. 
     Fees for a North American travel card shall be deposited as 
     an offsetting collection to the appropriate Department of 
     State appropriation, to remain available until expended. The 
     fee for the North American travel card shall not exceed $20, 
     of which not more than $2 shall be allocated to the United 
     States Postal Service for postage and other application 
     processing functions. Such fee shall be waived for children 
     under 16 years of age.
       (c) Foreign Cooperation.--In order to maintain and 
     encourage cross-border travel and trade, the Secretary of 
     State and the Secretary of Homeland Security shall use all 
     possible means to coordinate with the appropriate 
     representatives of foreign governments to encourage their 
     citizens and nationals to possess, not later than the date at 
     which the certification required by subsection (j) is made, 
     appropriate documentation to allow such citizens and 
     nationals to cross into the United States.
       (d) Public Promotion.--The Secretary of State, in 
     consultation with the Secretary of Homeland Security, shall 
     develop and implement an outreach plan to inform United 
     States citizens about the Western Hemisphere Travel 
     Initiative and the North American travel card and to 
     facilitate the acquisition of a passport or North American 
     travel card. Such outreach plan should include--
       (1) written notifications posted at or near public 
     facilities, including border crossings, schools, libraries, 
     and United States Post Offices located within 50 miles of the 
     international border between the United States and Canada or 
     the international border between the United States and 
     Mexico;
       (2) provisions to seek consent to post such notifications 
     on commercial property, such as offices of State departments 
     of motor vehicles, gas stations, supermarkets, convenience 
     stores, hotels, and travel agencies;
       (3) the establishment of at least 200 new passport 
     acceptance facilities, with emphasis on facilities located 
     near international borders;
       (4) the collection and analysis of data to measure the 
     success of the public promotion plan; and
       (5) additional measures as appropriate.
       (e) Accessibility.--In order to make the North American 
     travel card easily obtainable, an application for a North 
     American travel card shall be accepted in the same manner and 
     at the same locations as an application for a passport.
       (f) Expedited Travel Programs.--To the maximum extent 
     practicable, the Secretary of Homeland Security shall expand 
     expedited traveler programs carried out by the Secretary to 
     all ports of entry and should encourage citizens of the 
     United States to participate in the preenrollment programs, 
     as such programs assist border control officers of the United 
     States in the fight against terrorism by increasing the 
     number of known travelers crossing the border. The identities 
     of such expedited travelers should be entered into a database 
     of known travelers who have been subjected to in-depth 
     background and watch-list checks to permit border control 
     officers to focus more attention on unknown travelers, 
     potential criminals, and terrorists.
       (g) Alternative Options.--
       (1) In general.--In order to give United States citizens as 
     many secure, low-cost options as possible for travel within 
     the Western Hemisphere, the Secretary of Homeland Security 
     shall continue to pursue additional alternative options, such 
     as NEXUS, to a passport that meet the requirements of section 
     7209 of the Intelligence Reform and Terrorism Prevent Act 
     (Public Law 108-458; 8 U.S.C. 1185 note).
       (2) Feasibility study.--Not later than 120 days after the 
     date of enactment of this Act, the Congressional Budget 
     Office shall submit to the Committee on Homeland Security and 
     Government Affairs and the Committee on Foreign Relations of 
     the Senate and the Committee on Homeland Security and the 
     Committee on International Relations of the House of 
     Representatives, a study on the feasibility of incorporating 
     into a driver's license, on a voluntary basis, information 
     about citizenship, in a manner that enables a driver's 
     license which meets the requirements of the REAL ID Act of 
     2005 (division B of Public Law 109-13) to serve as an 
     acceptable alternative document to meet the requirements of 
     section 7209 of the Intelligence Reform and Terrorism 
     Prevention Act. Such study shall include a description of how 
     such a program could be implemented, and shall consider any 
     cost advantage of such an approach.
       (h) Identification Process .--The Secretary of Homeland 
     Security shall have appropriate authority to develop a 
     process to ascertain the identity of and make admissibility 
     determinations for individuals who arrive at the border 
     without proper documentation.
       (i) Rule of Construction.--Nothing in this section shall be 
     construed as limiting, altering, modifying, or otherwise 
     affecting the validity of a United States passport. A United 
     States citizen may possess a United States passport and a 
     North American travel card.

[[Page 5683]]

       (j) Certification.--Notwithstanding any other provision of 
     law, the Secretary may not implement the plan described in 
     section 7209(b) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
     note) until the date that is 3 months after the Secretary of 
     State and the Secretary of Homeland Security certify to 
     Congress that--
       (1) North American travel cards have been distributed to at 
     least 90 percent of the eligible United States citizens who 
     applied for such cards during the 6-month period beginning 
     not earlier than the date the Secretary of State began 
     accepting applications for such cards and ending not earlier 
     than 10 days prior to the date of certification;
       (2) North American travel cards are provided to applicants, 
     on average, within 4 weeks of application;
       (3) officers of the Bureau of Customs and Border Protection 
     have received training and been provided the infrastructure 
     necessary to accept North American travel cards at all United 
     States border crossings;
       (4) the outreach plan described in subsection (d) has been 
     implemented and deemed to have been successful according to 
     collected data; and
       (5) a successful pilot has demonstrated the effectiveness 
     of the North American travel card program.
       (k) Reports.--
       (1) Reports on the issuance of north american travel 
     cards.--The Secretary of State shall, on a quarterly basis 
     during the first year of issuance of North American travel 
     cards, submit to Congress a report containing information 
     relating to the number of North American travel cards issued 
     during the immediately preceding quarter or year, as 
     appropriate, and the number of United States citizens in each 
     State applying for such cards.
       (2) Report on private collaboration.--Not later than 6 
     months after the date of the enactment of this Act, the 
     Secretary of State and the Secretary shall report to Congress 
     on their efforts to solicit policy suggestions and the 
     incorporation of such suggestions into the implementation 
     strategy from the private sector on the implementation of 
     section 7209 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
     note). The report should include the private sector's 
     recommendations concerning how air, sea, and land travel 
     between countries in the Western Hemisphere can be improved 
     in a manner that establishes the proper balance between 
     national security, economic well being, and the particular 
     needs of border communities.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State such sums as may 
     be necessary to carry out this section.
                                 ______
                                 
  SA 3582. Mr. COLEMAN submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 3583. Mr. COLEMAN submitted an amendment intended to be proposed 
to amendment SA 3424 proposed by Mr. Frist 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 9, strike lines 2 through 9, and insert the 
     following:
       (a) Acquisition.--Subject to the availability of 
     appropriations, the Secretary shall--
       (1) procure additional unmanned aerial vehicles, cameras, 
     poles, sensors, and other technologies necessary to achieve 
     operational control of the international borders of the 
     United States and to establish a security perimeter known as 
     a ``virtual fence'' along such international borders to 
     provide a barrier to illegal immigration; and
       (2) acquire and utilize real time, high-resolution, multi-
     spectral, precisely-rectified digital aerial imagery to 
     detect physical changes and patterns in the landscape along 
     the northern or southern international border of the United 
     States to identify uncommon passage ways used by aliens to 
     illegally enter the United States.
                                 ______
                                 
  SA 3584. 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 34, between lines 8 and 9, insert the following:
       (c) Northern Border Training Facility.--
       (1) In general.--The Secretary shall establish a northern 
     border training facility at Rainy River Community College in 
     International Falls, Minnesota, to carry out the training 
     programs described in this subsection.
       (2) Use of training facility.--The training facility 
     established under paragraph (1) shall be used to conduct 
     various supplemental and periodic training programs for 
     border security personnel stationed along the northern 
     international border between the United States and Canada.
       (3) Training curriculum.--The Secretary shall design 
     training curriculum to be offered at the training facility 
     through multi-day training programs involving classroom and 
     real-world applications, which shall include training in--
       (A) a variety of disciplines relating to offensive and 
     defensive skills for personnel and vehicle safety, 
     including--
       (i) firearms and weapons;
       (ii) self defense;
       (iii) search and seizure;
       (iv) defensive and high speed driving;
       (v) mobility training;
       (vi) the use of all-terrain vehicles, watercraft, aircraft 
     and snowmobiles; and
       (vii) safety issues related to biological and chemical 
     hazards;
       (B) technology upgrades and integration; and
       (C) matters relating directly to terrorist threats and 
     issues, including--
       (i) profiling;
       (ii) changing tactics;
       (iii) language;
       (iv) culture; and
       (v) communications.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     the fiscal years 2007 through 2011 to carry out this 
     subsection.
                                 ______
                                 
  SA 3585. Mr. ENSIGN (for himself and Mr. Chambliss) 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 10 and all that follows 
     through page 360, line 6 and renumber all that follows 
     accordingly.
       Beginning on page 395, strike line 10 and all that follows 
     through page 416, line 11 and insert the following:
       (c) Period of Authorized Admission.--
       (1) In general.--An alien may be granted blue card status 
     for a period not to exceed 2 years.
       (2) Return to country.--At the end of the period described 
     in paragraph (1), the alien shall return to the country of 
     nationality or last residence of the alien.
       (3) Eligibility for nonimmigrant visa.--Upon return to the 
     country of nationality or last residence of the alien under 
     paragraph (2), the alien may apply for any nonimmigrant visa.
       (d) Loss of Employment.--
       (1) In general.--The blue card status of an alien shall 
     terminate if the alien is not employed for at least 60 
     consecutive days.
       (2) Return to country.--An alien whose period of authorized 
     admission terminates under paragraph (1) shall return to the 
     country of nationality or last residence of the alien.
       (e) Prohibition of change or adjustment of status.--
       (1) In general.--An alien with blue card status shall not 
     be eligible to change or adjust status in the United States.
       (2) Loss of eligibility.--An alien with blue card status 
     shall lose the status if the alien--
       (A) files a petition to adjust status to legal permanent 
     residence in the United States; or
       (B) requests a consular processing for an immigrant or 
     nonimmigrant Visa outside the United States.
                                 ______
                                 
  SA 3586. Mr. ENSIGN (for himself and Mr. Chambliss) 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 10 and all that follows 
     through page 416, Line 11 and insert all that follows:
       (c) Mandatory Departure and Reentry.--
       (1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et 
     seq.), as amended by subsection (b)(1), is further amended by 
     inserting after section 245B the following: ``

[[Page 5684]]



     ``SEC. 245C. MANDATORY DEPARTURE AND REENTRY.

       ``(a) In General.--The Secretary of Homeland Security may 
     grant Deferred Mandatory Departure status to aliens who are 
     in the United States illegally to allow such aliens time to 
     depart the United States and to seek admission as a 
     nonimmigrant or immigrant alien.
       ``(b) Requirements.--An alien desiring an adjustment of 
     status under subsection (a) shall meet the following 
     requirements:
       ``(1) Presence.--The alien shall establish that the alien--
       ``(A) was physically present in the United States on 
     January 7, 2004;
       ``(B) has been continuously in the United States since such 
     date, except for brief, casual, and innocent departures; and
       ``(C) was not legally present in the United States on that 
     date under any classification set forth in section 
     101(a)(15).
       ``(2) Employment.--
       ``(A) In general.--The alien shall establish that the 
     alien--
       ``(i) was employed in the United States, whether full time, 
     part time, seasonally, or self-employed, before January 7, 
     2004; and
       ``(ii) has been continuously employed in the United States 
     since that date, except for brief periods of unemployment 
     lasting not longer than 60 days.
       ``(B) Evidence of employment.--
       ``(i) In general.--An alien may conclusively establish 
     employment status in compliance with subparagraph (A) by 
     submitting to the Secretary of Homeland Security records 
     demonstrating such employment maintained by--

       ``(I) the Social Security Administration, Internal Revenue 
     Service, or by any other Federal, State, or local government 
     agency;
       ``(II) an employer; or
       ``(III) a labor union, day labor center, or an organization 
     that assists workers in matters related to employment.

       ``(ii) Other documents.--An alien who is unable to submit a 
     document described in subclauses (I) through (III) of clause 
     (i) may satisfy the requirement in subparagraph (A) by 
     submitting to the Secretary at least 2 other types of 
     reliable documents that provide evidence of employment, 
     including--

       ``(I) bank records;
       ``(II) business records;
       ``(III) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work; or
       ``(IV) remittance records.

       ``(iii) Intent of congress.--It is the intent of Congress 
     that the requirement in this subsection be interpreted and 
     implemented in a manner that recognizes and takes into 
     account the difficulties encountered by aliens in obtaining 
     evidence of employment due to the undocumented status of the 
     alien.
       ``(iv) Burden of proof.--An alien who is applying for 
     adjustment of status under this section has the burden of 
     proving by a preponderance of the evidence that the alien has 
     satisfied the requirements of this subsection. An alien may 
     meet such burden of proof by producing sufficient evidence to 
     demonstrate such employment as a matter of reasonable 
     inference.
       ``(3) Admissibility.--
       ``(A) In general.--The alien shall establish that such 
     alien--
       ``(i) is admissible to the United States, except as 
     provided as in (B); 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) Grounds not applicable.--The provisions of paragraphs 
     (5), (6)(A), and (7) of section 212(a) shall not apply.
       ``(C) Waiver.--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.
       ``(4) Ineligible.--The alien is ineligible for Deferred 
     Mandatory Departure status if the alien--
       ``(A) has been ordered excluded, deported, removed, or to 
     depart voluntarily from the United States; or
       ``(B) fails to comply with any request for information by 
     the Secretary of Homeland Security.
       ``(5) Medical examination.--The alien may be required, at 
     the alien's expense, to undergo such a medical examination 
     (including a determination of immunization status) as is 
     appropriate and conforms to generally accepted professional 
     standards of medical practice.
       ``(6) Termination.--The Secretary of Homeland Security may 
     terminate an alien's Deferred Mandatory Departure status if--
       ``(A) the Secretary of Homeland Security determines that 
     the alien was not in fact eligible for such status; or
       ``(B) the alien commits an act that makes the alien 
     removable from the United States.
       ``(7) Application content and waiver.--
       ``(A) 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 Deferred 
     Mandatory Departure status.
       ``(B) Content.--In addition to any other information that 
     the Secretary requires to determine an alien's eligibility 
     for Deferred Mandatory Departure, the Secretary shall require 
     an alien to answer questions concerning the alien's physical 
     and mental health, criminal history, gang membership, 
     renunciation of gang affiliation, immigration history, 
     involvement with groups or individuals that have engaged in 
     terrorism, genocide, persecution, or who seek the overthrow 
     of the United States Government, voter registration history, 
     claims to United States citizenship, and tax history.
       ``(C) Waiver.--The Secretary of Homeland Security shall 
     require an alien to include with the application a waiver of 
     rights that explains to the alien that, in exchange for the 
     discretionary benefit of obtaining Deferred Mandatory 
     Departure status, the alien agrees to waive any right to 
     administrative or judicial review or appeal of an immigration 
     officer's determination as to the alien's eligibility, or to 
     contest any removal action, other than on the basis of an 
     application for asylum or restriction of removal 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, or cancellation of removal pursuant to 
     section 240A(a).
       ``(D) 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 and statements on 
     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.
       ``(c) Implementation and Application Time Periods.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     ensure that the application process is secure and 
     incorporates antifraud protection. The Secretary of Homeland 
     Security shall interview an alien to determine eligibility 
     for Deferred Mandatory Departure status and shall utilize 
     biometric authentication at time of document issuance.
       ``(2) Initial receipt of applications.--The Secretary of 
     Homeland Security shall begin accepting applications for 
     Deferred Mandatory Departure status not later than 3 months 
     after the date on which the application form is first made 
     available.
       ``(3) Application.--An alien must submit an initial 
     application for Deferred Mandatory Departure status not later 
     than 6 months after the date on which the application form is 
     first made available. An alien that fails to comply with this 
     requirement is ineligible for Deferred Mandatory Departure 
     status.
       ``(4) Completion of processing.--The Secretary of Homeland 
     Security shall ensure that all applications for Deferred 
     Mandatory Departure status are processed not later than 12 
     months after the date on which the application form is first 
     made available.
       ``(d) Security and Law Enforcement Background Checks.--An 
     alien may not be granted Deferred Mandatory Departure status 
     unless the alien submits biometric data in accordance with 
     procedures established by the Secretary of Homeland Security. 
     The Secretary of Homeland Security may not grant Deferred 
     Mandatory Departure status until all appropriate background 
     checks are completed to the satisfaction of the Secretary of 
     Homeland Security.
       ``(e) Acknowledgment.--
       ``(1) In general.--An alien who applies for Deferred 
     Mandatory Departure status shall submit to the Secretary of 
     Homeland Security--
       ``(A) an acknowledgment made in writing and under oath that 
     the alien--
       ``(i) is unlawfully present in the United States and 
     subject to removal or deportation, as appropriate, under this 
     Act; and
       ``(ii) understands the terms of the terms of Deferred 
     Mandatory Departure;
       ``(B) any Social Security account number or card in the 
     possession of the alien or relied upon by the alien;
       ``(C) any false or fraudulent documents in the alien's 
     possession.
       ``(2) Use of information.--None of the documents or other 
     information provided in accordance with paragraph (1) may be 
     used in a criminal proceeding against the alien providing 
     such documents or information.
       ``(f) Mandatory Departure.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     grant Deferred Mandatory Departure status to an alien who 
     meets the requirements of this section for a period not to 
     exceed 3 years.
       ``(2) Registration at time of departure.--An alien granted 
     Deferred Mandatory Departure shall--
       ``(A) depart from the United States before the expiration 
     of the period of Deferred Mandatory Departure status;
       ``(B) register with the Secretary of Homeland Security at 
     the time of departure; and
       ``(C) surrender any evidence of Deferred Mandatory 
     Departure status at the time of departure.
       ``(3) Application for readmission.--
       ``(A) In general.--An alien under this section may apply 
     for admission to the United

[[Page 5685]]

     States as an immigrant or nonimmigrant while in the United 
     States or from any location outside of the United States, but 
     may not be granted admission until the alien has departed 
     from the United States in accordance with paragraph (2).
       ``(B) Approval.--The Secretary may approve an application 
     under subparagraph (A) during the period in which the alien 
     is present in the United States under Deferred Mandatory 
     Departure status.
       ``(C) US-visit.--An alien in Deferred Mandatory Departure 
     status who is seeking admission as a nonimmigrant or 
     immigrant alien may exit the United States and immediately 
     reenter the United States at any land port of entry at which 
     the US-VISIT exit and entry system can process such alien for 
     admission into the United States.
       ``(D) Interview requirements.--Notwithstanding any other 
     provision of law, any admission requirement involving in-
     person interviews at a consulate of the United States shall 
     be waived for aliens granted Deferred Mandatory Departure 
     status under this section.
       ``(E) Waiver of numerical limitations.--The numerical 
     limitations under section 214 shall not apply to any alien 
     who is admitted as a nonimmigrant under this paragraph.
       ``(4) Effect of readmission on spouse or child.--The spouse 
     or child of an alien granted Deferred Mandatory Departure and 
     subsequently granted an immigrant or nonimmigrant visa before 
     departing the United States shall be--
       ``(A) deemed to have departed under this section upon the 
     successful admission of the principal alien; and
       ``(B) eligible for the derivative benefits associated with 
     the immigrant or nonimmigrant visa granted to the principal 
     alien without regard to numerical caps related to such visas.
       ``(5) Waivers.--The Secretary of Homeland Security may 
     waive the departure requirement under this subsection if the 
     alien--
       ``(A) is granted an immigrant or nonimmigrant visa; and
       ``(B) can demonstrate that the departure of the alien would 
     create a substantial hardship on the alien or an immediate 
     family member of the alien.
       ``(6) Return in legal status.--An alien who complies with 
     the terms of Deferred Mandatory Departure status and who 
     departs before the expiration of such status--
       ``(A) shall not be subject to section 212(a)(9)(B); and
       ``(B) if otherwise eligible, may immediately seek admission 
     as a nonimmigrant or immigrant.
       ``(7) Failure to depart.--An alien who fails to depart the 
     United States prior to the expiration of Mandatory Deferred 
     Departure status is not eligible 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, 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, 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.
       ``(8) Penalties for delayed departure.--An alien who fails 
     to depart immediately shall be subject to--
       ``(A) no fine if the alien departs not later than 1 year 
     after the grant of Deferred Mandatory Departure;
       ``(B) a fine of $2,000 if the alien does not depart within 
     2 years after the grant of Deferred Mandatory Departure; and
       ``(C) a fine of $3,000 if the alien does not depart within 
     3 years after the grant of Deferred Mandatory Departure.
       ``(g) Evidence of Deferred Mandatory Departure Status.--
     Evidence of Deferred Mandatory Departure status shall be 
     machine-readable and tamper-resistant, shall allow for 
     biometric authentication, and shall comply with the 
     requirements under section 403 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note). The Secretary of Homeland Security is authorized 
     to incorporate integrated-circuit technology into the 
     document. The Secretary of Homeland Security shall consult 
     with the Forensic Document Laboratory in designing the 
     document. The document may serve as a travel, entry, and work 
     authorization document during the period of its validity. The 
     document may be accepted by an employer as evidence of 
     employment authorization and identity under section 
     274A(b)(1)(B).
       ``(h) Terms of Status.--
       ``(1) Reporting.--During the period of Deferred Mandatory 
     Departure, an alien shall comply with all registration 
     requirements under section 264.
       ``(2) Travel.--
       ``(A) An alien granted Deferred Mandatory Departure is not 
     subject to section 212(a)(9) for any unlawful presence that 
     occurred prior to the Secretary of Homeland Security granting 
     the alien Deferred Mandatory Departure status.
       ``(B) Under regulations established by the Secretary of 
     Homeland Security, an alien granted Deferred Mandatory 
     Departure--
       ``(i) may travel outside of the United States and may be 
     readmitted if the period of Deferred Mandatory Departure 
     status has not expired; and
       ``(ii) must establish at the time of application for 
     admission that the alien is admissible under section 212.
       ``(C) Effect on period of authorized admission.--Time spent 
     outside the United States under subparagraph (B) shall not 
     extend the period of Deferred Mandatory Departure status.
       ``(3) Benefits.--During the period in which an alien is 
     granted Deferred Mandatory Departure under this section--
       ``(A) the alien shall not be considered to be permanently 
     residing in the United States under the color of law and 
     shall be treated as a nonimmigrant admitted under section 
     214; and
       ``(B) the alien may be deemed ineligible for public 
     assistance by a State (as defined in section 101(a)(36)) or 
     any political subdivision thereof which furnishes such 
     assistance.
       ``(i) Prohibition on Change of Status or Adjustment of 
     Status.--
       ``(1) In general.--Before leaving the United States, an 
     alien granted Deferred Mandatory Departure status may not 
     apply to change status under section 248.
       ``(2) Adjustment of status.--An alien may not adjust to an 
     immigrant classification under this section until after the 
     earlier of--
       ``(A) the consideration of all applications filed under 
     section 201, 202, or 203 before the date of enactment of this 
     section; or
       ``(B) 8 years after the date of enactment of this section.
       ``(j) Application Fee.--
       ``(1) In general.--An alien seeking a grant of Deferred 
     Mandatory Departure status shall submit, in addition to any 
     other fees authorized by law, an application fee of $1,000.
       ``(2) Use of fee.--The fees collected under paragraph (1) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove 
     illegal aliens.
       ``(k) Family Members.--
       ``(1) In general.--Subject subsection (f)(4), the spouse or 
     child of an alien granted Deferred Mandatory Departure status 
     is subject to the same terms and conditions as the principal 
     alien.
       ``(2) Application fee.--
       ``(A) In general.--The spouse or child of an alien seeking 
     Deferred Mandatory Departure status shall submit, in addition 
     to any other fee authorized by law, an additional fee of 
     $500.
       ``(B) Use of fee.--The fees collected under subparagraph 
     (A) shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove aliens 
     who are removable under section 237.
       ``(l) Employment.--
       ``(1) In general.--An alien who has applied for or has been 
     granted Deferred Mandatory Departure status may be employed 
     in the United States.
       ``(2) Continuous employment.--An alien granted Deferred 
     Mandatory Departure status must be employed while in the 
     United States. An alien who fails to be employed for 60 days 
     is ineligible for hire until the alien has departed the 
     United States and reentered. The Secretary of Homeland 
     Security may reauthorize an alien for employment without 
     requiring the alien's departure from the United States.
       ``(m) Enumeration of Social Security Number.--The Secretary 
     of Homeland Security, in coordination with the Commissioner 
     of the Social Security system, shall implement a system to 
     allow for the enumeration of a Social Security number and 
     production of a Social Security card at the time the 
     Secretary of Homeland Security grants an alien Deferred 
     Mandatory Departure status.
       ``(n) Penalties for False Statements in Application for 
     Deferred Mandatory Departure.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person--
       ``(i) to file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     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).
       ``(o) Relation to Cancellation of Removal.--With respect to 
     an alien granted Deferred Mandatory Departure status under 
     this section, the period of such status shall not be counted 
     as a period of physical presence in the United States for 
     purposes of section 240A(a), unless the Secretary of Homeland 
     Security determines that extreme hardship exists.
       ``(p) Waiver of Rights.--An alien is not eligible for 
     Deferred Mandatory Departure status, unless the alien has 
     waived any right to contest, other than on the basis of an 
     application for asylum, restriction of removal, or

[[Page 5686]]

     protection under the Convention Against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment, done at 
     New York December 10, 1984, or cancellation of removal 
     pursuant to section 240A(a), any action for deportation or 
     removal of the alien that is instituted against the alien 
     subsequent to a grant of Deferred Mandatory Departure status.
       ``(q) Denial of Discretionary Relief.--The determination of 
     whether an alien is eligible for a grant of Deferred 
     Mandatory Departure status is solely within the discretion of 
     the Secretary of Homeland Security. Notwithstanding any other 
     provision of law, no court shall have jurisdiction to 
     review--
       ``(1) any judgment regarding the granting of relief under 
     this section; or
       ``(2) any other decision or action of the Secretary of 
     Homeland Security the authority for which is specified under 
     this section to be in the discretion of the Secretary, other 
     than the granting of relief under section 208(a).
       ``(r) Judicial Review.--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to--
       ``(i) an order or notice denying an alien a grant of 
     Deferred Mandatory Departure status or any other benefit 
     arising from such status; or
       ``(ii) an order of removal, exclusion, or deportation 
     entered against an alien after a grant of Deferred Mandatory 
     Departure status; or
       ``(B) certify a class under Rule 23 of the Federal Rules of 
     Civil Procedure in any action for which judicial review is 
     authorized under a subsequent paragraph of this subsection.
       ``(2) Challenges to validity.--
       ``(A) In general.--Any right or benefit not otherwise 
     waived or limited pursuant this section is available in an 
     action instituted in the United States District Court for the 
     District of Columbia, but shall be limited to determinations 
     of--
       ``(i) whether such section, or any regulation issued to 
     implement such section, violates the Constitution of the 
     United States; or
       ``(ii) whether such a regulation, or a written policy 
     directive, written policy guideline, or written procedure 
     issued by or under the authority of the Secretary of Homeland 
     Security to implement such section, is not consistent with 
     applicable provisions of this section or is otherwise in 
     violation of law.''.
       (2) Table of contents.--The table of contents (8 U.S.C. 
     1101 et seq.), as amended by this subsection (b)(2), is 
     further amended by inserting after the item relating to 
     section 245B the following:

``245C. Mandatory Departure and Reentry.''.

       (3) Conforming amendment.--Section 237(a)(2)(A)(i)(II) (8 
     U.S.C. 1227(a)(2)(A)(i)(II)) is amended by inserting ``(or 6 
     months in the case of an alien granted Deferred Mandatory 
     Departure status under section 245C)'' after ``imposed''.
       (4) Statutory construction.--Nothing in this subsection, or 
     any amendment made by this subsection, shall 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.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such amounts as may be necessary for 
     facilities, personnel (including consular officers), 
     training, technology, and processing necessary to carry out 
     the amendments made by this subsection.
       (d) Correction of Social Security Records.--Section 
     208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is 
     amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) whose status is adjusted to that of lawful permanent 
     resident under section 245B of the Immigration and 
     Nationality Act,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred prior to the date on 
     which the alien became lawfully admitted for temporary 
     residence.''.

   Subtitle B--Agricultural Job Opportunities, Benefits, and Security

     SEC. 611. SHORT TITLE.

       This subtitle may be cited as the ``Agricultural Job 
     Opportunities, Benefits, and Security Act of 2006'' or the 
     ``AgJOBS Act of 2006''.

     SEC. 612. DEFINITIONS.

       In this subtitle:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Blue card status.--The term ``blue card status'' means 
     the status of an alien who has been lawfully admitted into 
     the United States for temporary residence under section 
     613(a).
       (3) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (4) Job opportunity.--The term ``job opportunity'' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       (5) Temporary.--A worker is employed on a ``temporary'' 
     basis where the employment is intended not to exceed 10 
     months.
       (6) United states worker.--The term ``United States 
     worker'' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 1 or more hours in agriculture 
     consistent with the definition of ``man-day'' under section 
     3(u) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     203(u)).

 CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL 
                                WORKERS

     SEC. 613. AGRICULTURAL WORKERS.

       (a) Blue Card Program.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer blue card status upon an 
     alien who qualifies under this subsection if the Secretary 
     determines that the alien--
       (A) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days, whichever is 
     less, during the 24-month period ending on December 31, 2005;
       (B) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act; and
       (C) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (e)(2).
       (2) Authorized travel.--An alien in blue card status has 
     the right to travel abroad (including commutation from a 
     residence abroad) in the same manner as an alien lawfully 
     admitted for permanent residence.
       (3) Authorized employment.--An alien in blue card status 
     shall be provided an ``employment authorized'' endorsement or 
     other appropriate work permit, in the same manner as an alien 
     lawfully admitted for permanent residence.
       (4) Termination of blue card status.--
       (A) In general.--The Secretary may terminate blue card 
     status granted under this subsection only upon a 
     determination under this subtitle that the alien is 
     deportable.
       (B) Grounds for termination of blue card status.--Before 
     any alien becomes eligible for adjustment of status under 
     subsection (c), the Secretary may deny adjustment to 
     permanent resident status and provide for termination of the 
     blue card status granted such alien under paragraph (1) if--
       (i) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to blue card status was the 
     result of fraud or willful misrepresentation (as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.

       (5) Record of employment.--
       (A) In general.--Each employer of a worker granted status 
     under this subsection shall annually--
       (i) provide a written record of employment to the alien; 
     and
       (ii) provide a copy of such record to the Secretary.
       (B) Sunset.--The obligation under subparagraph (A) shall 
     terminate on the date that is 6 years after the date of the 
     enactment of this Act.
       (6) Required features of blue card.--The Secretary shall 
     provide each alien granted blue card status and the spouse 
     and children of each such alien residing in the United States 
     with a card that contains--
       (A) an encrypted, machine-readable, electronic 
     identification strip that is unique to the alien to whom the 
     card is issued;

[[Page 5687]]

       (B) biometric identifiers, including fingerprints and a 
     digital photograph; and
       (C) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes.
       (7) Fine.--An alien granted blue card status shall pay a 
     fine to the Secretary in an amount equal to $100.
       (8) Maximum number.--The Secretary may issue not more than 
     1,500,000 blue cards during the 5-year period beginning on 
     the date of the enactment of this Act.
       (b) Rights of Aliens Granted Blue Card Status.--
       (1) In general.--Except as otherwise provided under this 
     subsection, an alien in blue card status shall be considered 
     to be an alien lawfully admitted for permanent residence for 
     purposes of any law other than any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Delayed eligibility for certain federal public 
     benefits.--An alien in blue card status shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date 
     on which the Secretary confers blue card status upon that 
     alien.
       (3) Terms of employment respecting aliens admitted under 
     this section.--
       (A) Prohibition.--No alien granted blue card status may be 
     terminated from employment by any employer during the period 
     of blue card status except for just cause.
       (B) Treatment of complaints.--
       (i) Establishment of process.--The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition of complaints by aliens granted blue card status 
     who allege that they have been terminated without just cause. 
     No proceeding shall be conducted under this subparagraph with 
     respect to a termination unless the Secretary determines that 
     the complaint was filed not later than 6 months after the 
     date of the termination.
       (ii) Initiation of arbitration.--If the Secretary finds 
     that a complaint has been filed in accordance with clause (i) 
     and there is reasonable cause to believe that the complainant 
     was terminated without just cause, the Secretary shall 
     initiate binding arbitration proceedings by requesting the 
     Federal Mediation and Conciliation Service to appoint a 
     mutually agreeable arbitrator from the roster of arbitrators 
     maintained by such Service for the geographical area in which 
     the employer is located. The procedures and rules of such 
     Service shall be applicable to the selection of such 
     arbitrator and to such arbitration proceedings. The Secretary 
     shall pay the fee and expenses of the arbitrator, subject to 
     the availability of appropriations for such purpose.
       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures promulgated by the American Arbitration 
     Association applicable to private arbitration of employment 
     disputes. The arbitrator shall make findings respecting 
     whether the termination was for just cause. The arbitrator 
     may not find that the termination was for just cause unless 
     the employer so demonstrates by a preponderance of the 
     evidence. If the arbitrator finds that the termination was 
     not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including, but 
     not limited to, reinstatement, back pay, or front pay to the 
     affected employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall transmit the 
     findings in the form of a written opinion to the parties to 
     the arbitration and the Secretary. Such findings shall be 
     final and conclusive, and no official or court of the United 
     States shall have the power or jurisdiction to review any 
     such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted blue card status without just 
     cause, the Secretary shall credit the alien for the number of 
     days or hours of work lost for purposes of the requirement of 
     subsection (c)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of days or hours of work lost by the employee as a 
     result of the employment termination may be referred to the 
     Secretary pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted blue card status has failed to provide the record of 
     employment required under subsection (a)(5) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil money penalty in an 
     amount not to exceed $1,000 per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (c) Period of Authorized Admission.--
       (1) In general.--An alien may be granted blue card status 
     for a period not to exceed 2 years.
       (2) Return to country.--At the end of the period described 
     in paragraph (1), the alien shall return to the country of 
     nationality or last residence of the alien.
       (3) Eligibility for nonimmigrant visa.--Upon return to the 
     country of nationality or last residence of the alien under 
     paragraph (2), the alien may apply for any nonimmigrant visa.
       (d) Loss of Employment.--
       (1) In general.--The blue card status of an alien shall 
     terminate if the alien is not employed for at least 60 
     consecutive days.
       (2) Return to country.--An alien whose period of authorized 
     admission terminates under paragraph (1) shall return to the 
     country of nationality or last residence of the alien.
       (e) Prohibition of Change or Adjustment of Status.--
       (1) In general.--An alien with blue card status shall not 
     be eligible to change or adjust status in the United States.
       (2) Loss of eligibility.--An alien with blue card status 
     shall lose the status if the alien--
       (A) files a petition to adjust status to legal permanent 
     residence in the United States; or
       (B) requests a consular processisng for an immigrant or 
     nonimmigrant Visa outside the United States.

                          ____________________