Display Version Placed on Calendar Senate

S 1348 PCSCommentsClose CommentsPermalink

Calendar No. 144 110th CONGRESS 1st Session S. 1348

To provide for comprehensive immigration reform and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATES

May 9, 2007

Mr. REID (for himself, Mr. LEAHY, Mr. KENNEDY, Mr. MENENDEZ, and Mr. SALAZAR) introduced the following bill; which was read the first timeCommentsClose CommentsPermalink

May 10, 2007

Read the second time and placed on the calendarCommentsClose CommentsPermalink

---

A BILL

To provide for comprehensive immigration reform and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Comprehensive Immigration Reform Act of 2007'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Reference to the Immigration and Nationality Act.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink





Sec. 4. Severability.CommentsClose CommentsPermalink

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

Sec. 101. Enforcement personnel.CommentsClose CommentsPermalink





Sec. 102. Technological assets.CommentsClose CommentsPermalink





Sec. 103. Infrastructure.CommentsClose CommentsPermalink





Sec. 104. Border Patrol checkpoints.CommentsClose CommentsPermalink





Sec. 105. Ports of entry.CommentsClose CommentsPermalink





Sec. 106. Construction of strategic border fencing and vehicle barriers.CommentsClose CommentsPermalink

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

Sec. 111. Surveillance plan.CommentsClose CommentsPermalink





Sec. 112. National Strategy for Border Security.CommentsClose CommentsPermalink





Sec. 113. Reports on improving the exchange of information on North American security.CommentsClose CommentsPermalink





Sec. 114. Improving the security of Mexico's southern border.CommentsClose CommentsPermalink





Sec. 115. Combating human smuggling.CommentsClose CommentsPermalink





Sec. 116. Deaths at United States-Mexico border.CommentsClose CommentsPermalink





Sec. 117. Cooperation with the Government of Mexico.CommentsClose CommentsPermalink

Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.CommentsClose CommentsPermalink





Sec. 122. Secure communication.CommentsClose CommentsPermalink





Sec. 123. Border Patrol training capacity review.CommentsClose CommentsPermalink





Sec. 124. US-VISIT System.CommentsClose CommentsPermalink





Sec. 125. Document fraud detection.CommentsClose CommentsPermalink





Sec. 126. Improved document integrity.CommentsClose CommentsPermalink





Sec. 127. Cancellation of visas.CommentsClose CommentsPermalink





Sec. 128. Biometric entry-exit system.CommentsClose CommentsPermalink





Sec. 129. Border study.CommentsClose CommentsPermalink





Sec. 130. Secure Border Initiative financial accountability.CommentsClose CommentsPermalink





Sec. 131. Mandatory detention for aliens apprehended at or between ports of entry.CommentsClose CommentsPermalink





Sec. 132. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements.CommentsClose CommentsPermalink





Sec. 133. Temporary National Guard support for securing the southern land border of the United States.CommentsClose CommentsPermalink





Sec. 134. Report on incentives to encourage certain members and former members of the Armed Forces to serve in United States Customs and Border Protection.CommentsClose CommentsPermalink





Sec. 135. Western Hemisphere Travel Initiative.CommentsClose CommentsPermalink

Subtitle D--Border Law Enforcement Relief Act

Sec. 141. Short title.CommentsClose CommentsPermalink





Sec. 142. Findings.CommentsClose CommentsPermalink





Sec. 143. Border relief grant program.CommentsClose CommentsPermalink





Sec. 144. Enforcement of Federal immigration law.CommentsClose CommentsPermalink

Subtitle E--Rapid Response Measures

Sec. 151. Deployment of Border Patrol agents.CommentsClose CommentsPermalink





Sec. 152. Border Patrol major assets.CommentsClose CommentsPermalink





Sec. 153. Electronic equipment.CommentsClose CommentsPermalink





Sec. 154. Personal equipment.CommentsClose CommentsPermalink





Sec. 155. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.CommentsClose CommentsPermalink





Sec. 202. Detention and removal of aliens ordered removed.CommentsClose CommentsPermalink





Sec. 203. Aggravated felony.CommentsClose CommentsPermalink





Sec. 204. Terrorist bars.CommentsClose CommentsPermalink





Sec. 205. Increased criminal penalties related to gang violence, removal, and alien smuggling.CommentsClose CommentsPermalink





Sec. 206. Illegal entry.CommentsClose CommentsPermalink





Sec. 207. Illegal reentry.CommentsClose CommentsPermalink





Sec. 208. Reform of passport, visa, and Immigration fraud offenses.CommentsClose CommentsPermalink





Sec. 209. Inadmissibility and removal for passport and immigration fraud offenses.CommentsClose CommentsPermalink





Sec. 210. Incarceration of criminal aliens.CommentsClose CommentsPermalink





Sec. 211. Encouraging aliens to depart voluntarily.CommentsClose CommentsPermalink





Sec. 212. Deterring aliens ordered removed from remaining in the United States unlawfully.CommentsClose CommentsPermalink





Sec. 213. Prohibition of the sale of firearms to, or the possession of firearms by certain aliens.CommentsClose CommentsPermalink





Sec. 214. Uniform statute of limitations for certain immigration, naturalization, and peonage offenses.CommentsClose CommentsPermalink





Sec. 215. Diplomatic Security Service.CommentsClose CommentsPermalink





Sec. 216. Field agent allocation and background checks.CommentsClose CommentsPermalink





Sec. 217. Construction.CommentsClose CommentsPermalink





Sec. 218. State Criminal Alien Assistance Program.CommentsClose CommentsPermalink





Sec. 219. Transportation and processing of illegal aliens apprehended by State and local law enforcement officers.CommentsClose CommentsPermalink





Sec. 220. Reducing illegal immigration and alien smuggling on tribal lands.CommentsClose CommentsPermalink





Sec. 221. Alternatives to detention.CommentsClose CommentsPermalink





Sec. 222. Conforming amendment.CommentsClose CommentsPermalink





Sec. 223. Reporting requirements.CommentsClose CommentsPermalink





Sec. 224. State and local enforcement of Federal immigration laws.CommentsClose CommentsPermalink





Sec. 225. Removal of drunk drivers.CommentsClose CommentsPermalink





Sec. 226. Medical services in underserved areas.CommentsClose CommentsPermalink





Sec. 227. Expedited removal.CommentsClose CommentsPermalink





Sec. 228. Protecting immigrants from convicted sex offenders.CommentsClose CommentsPermalink





Sec. 229. Law enforcement authority of States and political subdivisions and transfer to Federal custody.CommentsClose CommentsPermalink





Sec. 230. Laundering of monetary instruments.CommentsClose CommentsPermalink





Sec. 231. Listing of Immigration violators in the National Crime Information Center database.CommentsClose CommentsPermalink





Sec. 232. Cooperative enforcement programs.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





Sec. 234. Determination of immigration status of individuals charged with Federal offenses.CommentsClose CommentsPermalink





Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.CommentsClose CommentsPermalink

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 301. Unlawful employment of aliens.CommentsClose CommentsPermalink





Sec. 302. Employer Compliance Fund.CommentsClose CommentsPermalink





Sec. 303. Additional worksite enforcement and fraud detection agents.CommentsClose CommentsPermalink





Sec. 304. Clarification of ineligibility for misrepresentation.CommentsClose CommentsPermalink





Sec. 305. Antidiscrimination protections.CommentsClose CommentsPermalink

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

Subtitle A--Temporary Guest Workers

Sec. 401. Immigration impact study.CommentsClose CommentsPermalink





Sec. 402. Nonimmigrant temporary worker.CommentsClose CommentsPermalink





Sec. 403. Admission of nonimmigrant temporary guest workers.CommentsClose CommentsPermalink





Sec. 404. Employer obligations.CommentsClose CommentsPermalink





Sec. 405. Alien employment management system.CommentsClose CommentsPermalink





Sec. 406. Rulemaking; effective date.CommentsClose CommentsPermalink





Sec. 407. Recruitment of United States workers.CommentsClose CommentsPermalink





Sec. 408. Temporary Guest Worker Visa Program Task Force.CommentsClose CommentsPermalink





Sec. 409. Requirements for participating countries.CommentsClose CommentsPermalink





Sec. 410. S visas.CommentsClose CommentsPermalink





Sec. 411. L visa limitations.CommentsClose CommentsPermalink





Sec. 412. Compliance investigators.CommentsClose CommentsPermalink





Sec. 413. Visa waiver program expansion.CommentsClose CommentsPermalink





Sec. 414. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Immigration Injunction Reform

Sec. 421. Short title.CommentsClose CommentsPermalink





Sec. 422. Appropriate remedies for immigration legislation.CommentsClose CommentsPermalink





Sec. 423. Effective date.CommentsClose CommentsPermalink

TITLE V--BACKLOG REDUCTION

Subtitle A--Backlog Reduction

Sec. 501. Elimination of existing backlogs.CommentsClose CommentsPermalink





Sec. 502. Country limits.CommentsClose CommentsPermalink





Sec. 503. Allocation of immigrant visas.CommentsClose CommentsPermalink





Sec. 504. Relief for minor children and widows.CommentsClose CommentsPermalink





Sec. 505. Shortage occupations.CommentsClose CommentsPermalink





Sec. 506. Relief for widows and orphans.CommentsClose CommentsPermalink





Sec. 507. Student visas.CommentsClose CommentsPermalink





Sec. 508. Visas for individuals with advanced degrees.CommentsClose CommentsPermalink





Sec. 509. Children of Filipino World War II veterans.CommentsClose CommentsPermalink





Sec. 510. Expedited adjudication of employer petitions for aliens of extraordinary artistic ability.CommentsClose CommentsPermalink





Sec. 511. Powerline workers.CommentsClose CommentsPermalink





Sec. 512. Determinations with respect to children under the Haitian Refugee Immigration Fairness Act of 1998.CommentsClose CommentsPermalink

Subtitle B--SKIL Act of 2007

Sec. 521. Short title.CommentsClose CommentsPermalink





Sec. 522. H-1B visa holders.CommentsClose CommentsPermalink





Sec. 523. Market-based visa limits.CommentsClose CommentsPermalink





Sec. 524. United States educated immigrants.CommentsClose CommentsPermalink





Sec. 525. Student visa reform.CommentsClose CommentsPermalink





Sec. 526. L-1 visa holders subject to visa backlog.CommentsClose CommentsPermalink





Sec. 527. Retaining workers subject to green card backlog.CommentsClose CommentsPermalink





Sec. 528. Streamlining the adjudication process for established employers.CommentsClose CommentsPermalink





Sec. 529. Providing premium processing of employment-based visa petitions.CommentsClose CommentsPermalink





Sec. 530. Eliminating procedural delays in labor certification process.CommentsClose CommentsPermalink





Sec. 531. Completion of background and security checks.CommentsClose CommentsPermalink





Sec. 532. Visa revalidation.CommentsClose CommentsPermalink

Subtitle C--Preservation of Immigration Benefits for Hurricane Katrina Victims

Sec. 541. Short title.CommentsClose CommentsPermalink





Sec. 542. Definitions.CommentsClose CommentsPermalink





Sec. 543. Special immigrant status.CommentsClose CommentsPermalink





Sec. 544. Extension of filing or reentry deadlines.CommentsClose CommentsPermalink





Sec. 545. Humanitarian relief for certain surviving spouses and children.CommentsClose CommentsPermalink





Sec. 546. Recipient of public benefits.CommentsClose CommentsPermalink





Sec. 547. Age-out protection.CommentsClose CommentsPermalink





Sec. 548. Employment eligibility verification.CommentsClose CommentsPermalink





Sec. 549. Naturalization.CommentsClose CommentsPermalink





Sec. 550. Discretionary authority.CommentsClose CommentsPermalink





Sec. 551. Evidentiary standards and regulations.CommentsClose CommentsPermalink





Sec. 552. Identification documents.CommentsClose CommentsPermalink





Sec. 553. Waiver of regulations.CommentsClose CommentsPermalink





Sec. 554. Notices of change of address.CommentsClose CommentsPermalink





Sec. 555. Foreign students and exchange program participants.CommentsClose CommentsPermalink

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

Subtitle A--Access to Earned Adjustment and Mandatory Departure and Reentry

Sec. 601. Access to earned adjustment and mandatory departure and reentry.CommentsClose CommentsPermalink

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

Sec. 611. Short title.CommentsClose CommentsPermalink





Sec. 612. Definitions.CommentsClose CommentsPermalink

Chapter 1--Pilot Program for Earned Status Adjustment of Agricultural Workers

Sec. 613. Agricultural workers.CommentsClose CommentsPermalink





Sec. 614. Correction of Social Security records.CommentsClose CommentsPermalink

Chapter 2--Reform of H-2A Worker Program

Sec. 615. Amendment to the Immigration and Nationality Act.CommentsClose CommentsPermalink

Chapter 3--Miscellaneous Provisions

Sec. 616. Determination and use of user fees.CommentsClose CommentsPermalink





Sec. 617. Regulations.CommentsClose CommentsPermalink





Sec. 618. Report to Congress.CommentsClose CommentsPermalink





Sec. 619. Effective date.CommentsClose CommentsPermalink

Subtitle C--DREAM Act of 2007

Sec. 621. Short title.CommentsClose CommentsPermalink





Sec. 622. Definitions.CommentsClose CommentsPermalink





Sec. 623. Restoration of State option to determine residency for purposes of higher education benefits.CommentsClose CommentsPermalink





Sec. 624. Cancellation of removal and adjustment of status of certain long-term residents who entered the United States as children.CommentsClose CommentsPermalink





Sec. 625. Conditional permanent resident status.CommentsClose CommentsPermalink





Sec. 626. Retroactive benefits.CommentsClose CommentsPermalink





Sec. 627. Exclusive jurisdiction.CommentsClose CommentsPermalink





Sec. 628. Penalties for false statements in application.CommentsClose CommentsPermalink





Sec. 629. Confidentiality of information.CommentsClose CommentsPermalink





Sec. 630. Expedited processing of applications; prohibition on fees.CommentsClose CommentsPermalink





Sec. 631. Higher Education assistance.CommentsClose CommentsPermalink





Sec. 632. GAO report.CommentsClose CommentsPermalink

Subtitle D--Programs To Assist Nonimmigrant Workers

Sec. 641. Ineligibility and removal before application period.CommentsClose CommentsPermalink





Sec. 642. Grants to support public education and community training.CommentsClose CommentsPermalink





Sec. 643. Strengthening American citizenship.CommentsClose CommentsPermalink





Sec. 644. Supplemental immigration fee.CommentsClose CommentsPermalink





Sec. 645. Addressing poverty in Mexico.CommentsClose CommentsPermalink

TITLE VII--MISCELLANEOUS

Subtitle A--Immigration Litigation Reduction

Chapter 1--Appeals and Review

Sec. 701. Additional immigration personnel.CommentsClose CommentsPermalink

Chapter 2--Immigration Review Reform

Sec. 702. Board of Immigration Appeals.CommentsClose CommentsPermalink





Sec. 703. Immigration judges.CommentsClose CommentsPermalink





Sec. 704. Removal and review of judges.CommentsClose CommentsPermalink





Sec. 705. Legal orientation program.CommentsClose CommentsPermalink





Sec. 706. Rulemaking.CommentsClose CommentsPermalink





Sec. 707. GAO study on the appellate process for immigration appeals.CommentsClose CommentsPermalink





Sec. 708. Senior judge participation in the selection of magistrates.CommentsClose CommentsPermalink

Subtitle B--Citizenship Assistance for Members of the Armed Services

Sec. 711. Short title.CommentsClose CommentsPermalink





Sec. 712. Waiver of requirement for fingerprints for members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 713. Provision of information on naturalization to members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 714. Provision of information on naturalization to the public.CommentsClose CommentsPermalink





Sec. 715. Reports.CommentsClose CommentsPermalink

Subtitle C--State Court Interpreter Grant Program

Sec. 721. Short title.CommentsClose CommentsPermalink





Sec. 722. Findings.CommentsClose CommentsPermalink





Sec. 723. State court interpreter grants.CommentsClose CommentsPermalink





Sec. 724. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle D--Border Infrastructure and Technology Modernization

Sec. 731. Short title.CommentsClose CommentsPermalink





Sec. 732. Definitions.CommentsClose CommentsPermalink





Sec. 733. Port of Entry Infrastructure Assessment Study.CommentsClose CommentsPermalink





Sec. 734. National Land Border Security Plan.CommentsClose CommentsPermalink





Sec. 735. Expansion of commerce security programs.CommentsClose CommentsPermalink





Sec. 736. Port of entry technology demonstration program.CommentsClose CommentsPermalink





Sec. 737. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle E--Family Humanitarian Relief

Sec. 741. Short title.CommentsClose CommentsPermalink





Sec. 742. Adjustment of status for certain nonimmigrant victims of terrorism.CommentsClose CommentsPermalink





Sec. 743. Cancellation of removal for certain immigrant victims of terrorism.CommentsClose CommentsPermalink





Sec. 744. Exceptions.CommentsClose CommentsPermalink





Sec. 745. Evidence of death.CommentsClose CommentsPermalink





Sec. 746. Definitions.CommentsClose CommentsPermalink

Subtitle F--Other Matters

Sec. 751. Noncitizen membership in the Armed Forces.CommentsClose CommentsPermalink





Sec. 752. Surveillance technologies programs.CommentsClose CommentsPermalink





Sec. 753. Comprehensive immigration efficiency review.CommentsClose CommentsPermalink





Sec. 754. Northern Border Prosecution Initiative.CommentsClose CommentsPermalink





Sec. 755. Southwest Border Prosecution Initiative.CommentsClose CommentsPermalink





Sec. 756. Grant program to assist eligible applicants.CommentsClose CommentsPermalink





Sec. 757. Screening of municipal solid waste.CommentsClose CommentsPermalink





Sec. 758. Access to immigration services in areas that are not accessible by road.CommentsClose CommentsPermalink





Sec. 759. Border security on certain Federal land.CommentsClose CommentsPermalink





Sec. 760. Unmanned aerial vehicles.CommentsClose CommentsPermalink





Sec. 761. Relief for widows and orphans.CommentsClose CommentsPermalink





Sec. 762. Terrorist activities.CommentsClose CommentsPermalink





Sec. 763. Family unity.CommentsClose CommentsPermalink





Sec. 764. Travel document plan.CommentsClose CommentsPermalink





Sec. 765. English as national language.CommentsClose CommentsPermalink





Sec. 766. Requirements for naturalization.CommentsClose CommentsPermalink





Sec. 767. Declaration of English.CommentsClose CommentsPermalink





Sec. 768. Preserving and enhancing the role of the English language.CommentsClose CommentsPermalink





Sec. 769. Exclusion of illegal aliens from congressional apportionment tabulations.CommentsClose CommentsPermalink





Sec. 770. Office of Internal Corruption Investigation.CommentsClose CommentsPermalink





Sec. 771. Adjustment of status for certain persecuted religious minorities.CommentsClose CommentsPermalink





Sec. 772. Eligibility of agricultural and forestry workers for certain legal assistance.CommentsClose CommentsPermalink





Sec. 773. Designation of program countries.CommentsClose CommentsPermalink





Sec. 774. Global healthcare cooperation.CommentsClose CommentsPermalink





Sec. 775. Attestation by healthcare workers.CommentsClose CommentsPermalink





Sec. 776. Public access to the Statue of Liberty.CommentsClose CommentsPermalink





Sec. 777. National security determination.CommentsClose CommentsPermalink

TITLE VIII--INTERCOUNTRY ADOPTION REFORM

Sec. 801. Short title.CommentsClose CommentsPermalink





Sec. 802. Findings; purposes.CommentsClose CommentsPermalink





Sec. 803. Definitions.CommentsClose CommentsPermalink

Subtitle A--Administration of Intercountry Adoptions

Sec. 811. Office of Intercountry Adoptions.CommentsClose CommentsPermalink





Sec. 812. Recognition of convention adoptions in the United States.CommentsClose CommentsPermalink





Sec. 813. Technical and conforming amendment.CommentsClose CommentsPermalink





Sec. 814. Transfer of functions.CommentsClose CommentsPermalink





Sec. 815. Transfer of resources.CommentsClose CommentsPermalink





Sec. 816. Incidental transfers.CommentsClose CommentsPermalink





Sec. 817. Savings provisions.CommentsClose CommentsPermalink

Subtitle B--Reform of United States Laws Governing Intercountry Adoptions

Sec. 821. Automatic acquisition of citizenship for adopted children born outside the United States.CommentsClose CommentsPermalink





Sec. 822. Revised procedures.CommentsClose CommentsPermalink





Sec. 823. Nonimmigrant visas for children traveling to the United States to be adopted by a United States citizen.CommentsClose CommentsPermalink





Sec. 824. Definition of adoptable child.CommentsClose CommentsPermalink





Sec. 825. Approval to adopt.CommentsClose CommentsPermalink





Sec. 826. Adjudication of child status.CommentsClose CommentsPermalink





Sec. 827. Funds.CommentsClose CommentsPermalink

Subtitle C--Enforcement

Sec. 831. Civil penalties and enforcement.CommentsClose CommentsPermalink





Sec. 832. Criminal penalties.CommentsClose CommentsPermalink

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.).CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) DEPARTMENT- Except as otherwise provided, the term `Department' means the Department of Homeland Security.CommentsClose CommentsPermalink





(2) SECRETARY- Except as otherwise provided, the term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

(a) Additional Personnel-CommentsClose CommentsPermalink





(1) PORT OF ENTRY INSPECTORS- In each of the fiscal years 2008 through 2012, 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.CommentsClose CommentsPermalink





(2) INVESTIGATIVE PERSONNEL-CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(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 2008 through 2012, 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.CommentsClose CommentsPermalink





(3) DEPUTY UNITED STATES MARSHALS- In each of the fiscal years 2008 through 2012, 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.CommentsClose CommentsPermalink





(4) RECRUITMENT OF FORMER MILITARY PERSONNEL-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commissioner of United States Customs and Border Protection, in conjunction with the Secretary of Defense or a designee of the Secretary of Defense, shall establish a program to actively recruit members of the Army, Navy, Air Force, Marine Corps, and Coast Guard who have elected to separate from active duty.CommentsClose CommentsPermalink





(B) REPORT- Not later than 180 days after the date of the enactment of this Act, the Commissioner shall submit a report on the implementation of the recruitment program established pursuant to subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(b) Authorization of Appropriations-CommentsClose CommentsPermalink





(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 2008 through 2012 to carry out paragraph (1) of subsection (a).CommentsClose CommentsPermalink





(2) DEPUTY UNITED STATES MARSHALS- There are authorized to be appropriated to the Attorney General such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a)(3).CommentsClose CommentsPermalink





(3) BORDER PATROL AGENTS- Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read as follows:CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(1) 2,000 in fiscal year 2008;CommentsClose CommentsPermalink





`(2) 2,400 in fiscal year 2009;CommentsClose CommentsPermalink





`(3) 2,400 in fiscal year 2010;CommentsClose CommentsPermalink





`(4) 2,400 in fiscal year 2011; andCommentsClose CommentsPermalink





`(5) 2,400 in fiscal year 2012.CommentsClose CommentsPermalink





`(b) Northern Border- In each of the fiscal years 2008 through 2012, 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.CommentsClose CommentsPermalink





`(c) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section.'.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) the plan developed under subsection (b) to increase the use of Department of Defense equipment to assist such surveillance activities; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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 2008 through 2012 to carry out subsection (a).CommentsClose CommentsPermalink





(e) Unmanned Aerial Vehicle Pilot Program- During the 1-year period beginning on the date on which the report is submitted under subsection (c), the Secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States.CommentsClose CommentsPermalink





(f) 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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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 2008 through 2012 to carry out subsection (a).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 105. PORTS OF ENTRY.

The Secretary is authorized to--CommentsClose CommentsPermalink





(1) construct additional ports of entry along the international land borders of the United States, at locations to be determined by the Secretary; andCommentsClose CommentsPermalink





(2) make necessary improvements to the ports of entry in existence on the date of the enactment of this Act.CommentsClose CommentsPermalink

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

(a) Tucson Sector- The Secretary shall--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Yuma Sector- The Secretary shall--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas in the Yuma Sector; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Other High Trafficked Areas- The Secretary shall construct not less than 370 miles of triple-layered fencing which may include portions already constructed in San Diego Tucson and Yuma Sectors, and 500 miles of vehicle barriers in other areas along the southwest border that the Secretary determines are areas that are most often used by smugglers and illegal aliens attempting to gain illegal entry into the United States.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Content- The plan required by subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) An assessment of existing technologies employed on the international land and maritime borders of the United States.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) A description of the specific surveillance technology to be deployed.CommentsClose CommentsPermalink





(5) Identification of any obstacles that may impede such deployment.CommentsClose CommentsPermalink





(6) A detailed estimate of all costs associated with such deployment and with continued maintenance of such technologies.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Content- The National Strategy for Border Security shall include the following:CommentsClose CommentsPermalink





(1) The implementation schedule for the comprehensive plan for systematic surveillance described in section 111.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; andCommentsClose CommentsPermalink





(B) to protect critical infrastructure at or near such ports of entry or borders.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(9) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(12) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such Strategy.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Consultation- In developing the National Strategy for Border Security, the Secretary shall consult with representatives of--CommentsClose CommentsPermalink





(1) State, local, and tribal authorities with responsibility for locations along the international land and maritime borders of the United States; andCommentsClose CommentsPermalink





(2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Submission to Congress-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Contents- Each report submitted under subsection (a) shall contain a description of the following:CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) passports;CommentsClose CommentsPermalink





(ii) visas; andCommentsClose CommentsPermalink





(iii) permanent resident cards;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) in implementing the Statement of Mutual Understanding on Information Sharing, signed by Canada and the United States in February 2003; andCommentsClose CommentsPermalink





(B) in identifying trends related to immigration fraud, including asylum and document fraud, and to analyze such trends.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) in comparing the procedures and policies of Canada and the United States related to visitor visa processing, including--CommentsClose CommentsPermalink





(i) application process;CommentsClose CommentsPermalink





(ii) interview policy;CommentsClose CommentsPermalink





(iii) general screening procedures;CommentsClose CommentsPermalink





(iv) visa validity;CommentsClose CommentsPermalink





(v) quality control measures; andCommentsClose CommentsPermalink





(vi) access to appeal or review;CommentsClose CommentsPermalink





(C) in exploring methods for Canada, Mexico, and the United States to waive visa requirements for nationals and citizens of the same foreign countries;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(G) in collecting 10 fingerprints from each individual who applies for a visa.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) in establishing appropriate linkages among Canada, Mexico, and the United States Terrorist Screening Center; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) in combating currency smuggling, money laundering, alien smuggling, and trafficking in alcohol, firearms, and explosives;CommentsClose CommentsPermalink





(B) in implementing the agreement between Canada and the United States known as the Firearms Trafficking Action Plan;CommentsClose CommentsPermalink





(C) in determining the feasibility of formulating a firearms trafficking action plan between Mexico and the United States;CommentsClose CommentsPermalink





(D) in developing a joint threat assessment on organized crime between Canada and the United States;CommentsClose CommentsPermalink





(E) in determining the feasibility of formulating a joint threat assessment on organized crime between Mexico and the United States;CommentsClose CommentsPermalink





(F) in developing mechanisms to exchange information on findings, seizures, and capture of individuals transporting undeclared currency; andCommentsClose CommentsPermalink





(G) in developing and implementing a plan to combat the transnational threat of illegal drug trafficking.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) to assess the specific needs of Guatemala and Belize in maintaining the security of the international borders of such countries;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) to provide technical assistance to Guatemala and Belize to promote issuance of secure passports and travel documents by such countries; andCommentsClose CommentsPermalink





(4) to encourage Guatemala and Belize--CommentsClose CommentsPermalink





(A) to control alien smuggling and trafficking;CommentsClose CommentsPermalink





(B) to prevent the use and manufacture of fraudulent travel documents; andCommentsClose CommentsPermalink





(C) to share relevant information with Mexico, Canada, and the United States.CommentsClose CommentsPermalink





(b) Border Security for Belize, Guatemala, and Mexico- The Secretary, in consultation with the Secretary of State, shall work to cooperate--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) to assess the direct and indirect impact on the United States and Central America of deporting violent criminal aliens;CommentsClose CommentsPermalink





(2) to establish a program and database to track individuals involved in Central American gang activities;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(4) to develop an agreement to share all relevant information related to individuals connected with Central American gangs.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Content- In developing the plan required by subsection (a), the Secretary shall consider--CommentsClose CommentsPermalink





(1) the interoperability of databases utilized to prevent human smuggling;CommentsClose CommentsPermalink





(2) adequate and effective personnel training;CommentsClose CommentsPermalink





(3) methods and programs to effectively target networks that engage in such smuggling;CommentsClose CommentsPermalink





(4) effective utilization of--CommentsClose CommentsPermalink





(A) visas for victims of trafficking and other crimes; andCommentsClose CommentsPermalink





(B) investigatory techniques, equipment, and procedures that prevent, detect, and prosecute international money laundering and other operations that are utilized in smuggling;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(6) other measures that the Secretary considers appropriate to combating human smuggling.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.

(a) Collection of Statistics- The Commissioner of the Bureau of Customs and Border Protection shall collect statistics relating to deaths occurring at the border between the United States and Mexico, including--CommentsClose CommentsPermalink





(1) the causes of the deaths; andCommentsClose CommentsPermalink





(2) the total number of deaths.CommentsClose CommentsPermalink





(b) Report- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commissioner of the Bureau of Customs and Border Protection shall submit to the Secretary a report that--CommentsClose CommentsPermalink





(1) analyzes trends with respect to the statistics collected under subsection (a) during the preceding year; andCommentsClose CommentsPermalink





(2) recommends actions to reduce the deaths described in subsection (a).CommentsClose CommentsPermalink

SEC. 117. 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--CommentsClose CommentsPermalink





(1) improved border security along the international border between the United States and Mexico;CommentsClose CommentsPermalink





(2) the reduction of human trafficking and smuggling between the United States and Mexico;CommentsClose CommentsPermalink





(3) the reduction of drug trafficking and smuggling between the United States and Mexico;CommentsClose CommentsPermalink





(4) the reduction of gang membership in the United States and Mexico;CommentsClose CommentsPermalink





(5) the reduction of violence against women in the United States and Mexico; andCommentsClose CommentsPermalink





(6) the reduction of other violence and criminal activity.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Consultation Requirement- Federal, State, and local representatives in the United States shall consult with their counterparts in Mexico concerning the construction of additional fencing and related border security structures along the international border between the United States and Mexico, as authorized by this title, before the commencement of any such construction in order to--CommentsClose CommentsPermalink





(1) solicit the views of affected communities;CommentsClose CommentsPermalink





(2) lessen tensions; andCommentsClose CommentsPermalink





(3) foster greater understanding and stronger cooperation on this and other important security issues of mutual concern.CommentsClose CommentsPermalink





(e) 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.CommentsClose CommentsPermalink

Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

Not later than October 1, 2008, the Secretary shall--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) among all Border Patrol agents conducting operations between ports of entry;CommentsClose CommentsPermalink





(2) between Border Patrol agents and their respective Border Patrol stations;CommentsClose CommentsPermalink





(3) between Border Patrol agents and residents in remote areas along the international land borders of the United States; andCommentsClose CommentsPermalink





(4) between all appropriate border security agencies of the Department and State, local, and tribal law enforcement agencies.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Components of Review- The review under subsection (a) shall include the following components:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) An evaluation of whether utilizing comparable non-Federal training programs, proficiency testing, and long-distance learning programs may affect--CommentsClose CommentsPermalink





(A) the cost-effectiveness of increasing the number of Border Patrol agents trained per year;CommentsClose CommentsPermalink





(B) the per agent costs of basic training; andCommentsClose CommentsPermalink





(C) the scope and quality of basic training needed to fulfill the mission and duties of a Border Patrol agent.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(2) developing and deploying at such ports of entry the exit component of the US-VISIT system; andCommentsClose CommentsPermalink





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

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.CommentsClose CommentsPermalink





(b) Forensic Document Laboratory- The Secretary shall provide all Customs and Border Protection officers with access to the Forensic Document Laboratory.CommentsClose CommentsPermalink





(c) Assessment-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink





(2) in the heading, by striking `entry and exit documents' and inserting `travel and entry documents and evidence of status';CommentsClose CommentsPermalink





(3) in subsection (b)(1)--CommentsClose CommentsPermalink





(A) by striking `Not later than October 26, 2004, the' and inserting `The'; andCommentsClose CommentsPermalink





(B) by striking `visas and' both places it appears and inserting `visas, evidence of status, and';CommentsClose CommentsPermalink





(4) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink





(5) by inserting after subsection (c) the following:CommentsClose CommentsPermalink





`(d) Other Documents- Not later than October 26, 2008, 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.'.CommentsClose CommentsPermalink

SEC. 127. CANCELLATION OF VISAS.

Section 222(g) (8 U.S.C. 1202(g)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking `Attorney General' and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(B) by inserting `and any other nonimmigrant visa issued by the United States that is in the possession of the alien' after `such visa'; andCommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (g);CommentsClose CommentsPermalink





(2) by moving subsection (g), as redesignated by paragraph (1), to the end; andCommentsClose CommentsPermalink





(3) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(b) Inspection of Applicants for Admission- Section 235(d) (8 U.S.C. 1225(d)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(5) AUTHORITY TO COLLECT BIOMETRIC DATA- In conducting inspections under subsection (b), immigration officers are authorized to collect biometric data from--CommentsClose CommentsPermalink





`(A) any applicant for admission or alien seeking to transit through the United States; orCommentsClose CommentsPermalink





`(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).'.CommentsClose CommentsPermalink





(c) Collection of Biometric Data From Alien Crewmen- Section 252 (8 U.S.C. 1282) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(d) An immigration officer is authorized to collect biometric data from an alien crewman seeking permission to land temporarily in the United States.'.CommentsClose CommentsPermalink





(d) Grounds of Inadmissibility- Section 212 (8 U.S.C. 1182) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(7), by adding at the end the following:CommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





(2) in subsection (d), by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(e) Implementation- Section 7208 of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1365b) is amended--CommentsClose CommentsPermalink





(1) in subsection (c), by adding at the end the following:CommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





(2) in subsection (l)--CommentsClose CommentsPermalink





(A) by striking `There are authorized' and inserting the following:CommentsClose CommentsPermalink





`(1) IN GENERAL- There are authorized'; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(2) IMPLEMENTATION AT ALL LAND BORDER PORTS OF ENTRY- There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 and 2009 to implement the automated biometric entry and exit data system at all land border ports of entry.'.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) an assessment of the feasibility of constructing such a system;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) an assessment of the necessity for ports of entry along such a system;CommentsClose CommentsPermalink





(5) an assessment of the impact such a system would have on international trade, commerce, and tourism;CommentsClose CommentsPermalink





(6) an assessment of the effect of such a system on private property rights including issues of eminent domain and riparian rights;CommentsClose CommentsPermalink





(7) an estimate of the costs associated with building a barrier system, including costs associated with excavation, construction, and maintenance;CommentsClose CommentsPermalink





(8) an assessment of the effect of such a system on Indian reservations and units of the National Park System;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(13) an assessment of the effect such a system would have on violence near the southern international border of the United States; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Report- Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study described in subsection (a).CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) not later than 60 days after the date of the initiation of the action; andCommentsClose CommentsPermalink





(2) upon the conclusion of the performance of the contract.CommentsClose CommentsPermalink





(b) Inspector General-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) cost overruns;CommentsClose CommentsPermalink





(B) significant delays in contract execution;CommentsClose CommentsPermalink





(C) lack of rigorous departmental contract management;CommentsClose CommentsPermalink





(D) insufficient departmental financial oversight;CommentsClose CommentsPermalink





(E) bundling that limits the ability of small businesses to compete; orCommentsClose CommentsPermalink





(F) other high risk business practices.CommentsClose CommentsPermalink





(c) Reports by the Secretary-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the findings of the report received from the Inspector General; andCommentsClose CommentsPermalink





(B) the steps the Secretary has taken, or plans to take, to address the problems identified in such report.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Reports on United States Ports- Not later than 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--CommentsClose CommentsPermalink





(1) the proposed purchase;CommentsClose CommentsPermalink





(2) any security concerns related to the proposed purchase; andCommentsClose CommentsPermalink





(3) the manner in which such security concerns have been addressed.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) for fiscal year 2008, not less than 5 percent of the overall budget of the Office for such fiscal year;CommentsClose CommentsPermalink





(2) for fiscal year 2009, not less than 6 percent of the overall budget of the Office for such fiscal year; andCommentsClose CommentsPermalink





(3) for fiscal year 2010, not less than 7 percent of the overall budget of the Office for such fiscal year.CommentsClose CommentsPermalink

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

(a) In General- Beginning on October 1, 2008, 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--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(b) Requirements During Interim Period- Beginning 60 days after the date of the enactment of this Act and before October 1, 2008, an alien described in subsection (a) may be released with a notice to appear only if--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) the alien provides a bond of not less than $5,000.CommentsClose CommentsPermalink





(c) Rules of Construction-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`Sec. 556. 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.CommentsClose CommentsPermalink





`(b) Penalties- A person who commits an offense described in subsection (a) shall be--CommentsClose CommentsPermalink





`(1) fined under this title;CommentsClose CommentsPermalink





`(2)(A) imprisoned for not more than 3 years, or both;CommentsClose CommentsPermalink





`(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); orCommentsClose CommentsPermalink





`(C) imprisoned for any term of years or for life, or both, if death results, and may be sentenced to death; orCommentsClose CommentsPermalink





`(3) both fined and imprisoned under this subsection.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of sections for chapter 27 of title 18, United States Code, is amended by inserting at the end the following:CommentsClose CommentsPermalink





`555. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements.'.CommentsClose CommentsPermalink





(c) Failure To Obey Border Enforcement Officers- Section 111 of title 18, United States Code, is amended by inserting after subsection (b) the following:CommentsClose CommentsPermalink





`(c) Failure To Obey Lawful Orders of Border Enforcement Officers- Whoever willfully disregards or disobeys the lawful authority or command 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.'.CommentsClose CommentsPermalink





(d) Technical Amendments-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 27 of title 18, United States Code, is amended by redesignating section 554 (as added by section 551(a) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389)) as section 555.CommentsClose CommentsPermalink





(2) TABLE OF SECTIONS- The table of sections for chapter 27 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking the following:CommentsClose CommentsPermalink





`Sec. 554. Border tunnels and passages.';CommentsClose CommentsPermalink





andCommentsClose CommentsPermalink





(B) by inserting the following:CommentsClose CommentsPermalink





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





(3) CRIMINAL FORFEITURE- Section 982(a)(6) of title 18, United States Code, is amended by striking `554' and inserting `555'.CommentsClose CommentsPermalink





(4) DIRECTIVE TO UNITED STATES SENTENCING COMMISSION- Paragraphs (1) and (2)(A) of section 551(d) of the Department of Homeland Security Appropriations Act, 2007 is amended by striking `554' and inserting `555'.CommentsClose CommentsPermalink

SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES.

(a) Authority To Provide Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform annual training duty under section 502(a) of title 32, United States Code, to carry out in any State along the southern land border of the United States the activities authorized in subsection (b), for the purpose of securing such border. Such duty shall not exceed 21 days in any year.CommentsClose CommentsPermalink





(2) SUPPORT- With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform duty under section 502(f) of title 32, United States Code, to provide command, control, and continuity of support for units or personnel performing annual training duty under paragraph (1).CommentsClose CommentsPermalink





(b) Authorized Activities- The activities authorized by this subsection are any of the following:CommentsClose CommentsPermalink





(1) Ground reconnaissance activities;CommentsClose CommentsPermalink





(2) Airborne reconnaissance activities;CommentsClose CommentsPermalink





(3) Logistical support;CommentsClose CommentsPermalink





(4) Provision of translation services and training;CommentsClose CommentsPermalink





(5) Administrative support services;CommentsClose CommentsPermalink





(6) Technical training services;CommentsClose CommentsPermalink





(7) Emergency medical assistance and services;CommentsClose CommentsPermalink





(8) Communications services;CommentsClose CommentsPermalink





(9) Rescue of aliens in peril;CommentsClose CommentsPermalink





(10) Construction of roadways, patrol roads, fences, barriers, and other facilities to secure the southern land border of the United States; andCommentsClose CommentsPermalink





(11) Ground and air transportation.CommentsClose CommentsPermalink





(c) Cooperative Agreements- Units and personnel of the National Guard of a State may perform activities in another State under subsection (a) only pursuant to the terms of an emergency management assistance compact or other cooperative arrangement entered into between Governors of such States for purposes of this section, and only with the approval of the Secretary of Defense.CommentsClose CommentsPermalink





(d) Coordination of Assistance- The Secretary of Homeland Security shall, in consultation with the Secretary of Defense and the Governors of the States concerned, coordinate the performance of activities under this section by units and personnel of the National Guard.CommentsClose CommentsPermalink





(e) Annual Training- Annual training duty performed by members of the National Guard under subsection (a) shall be appropriate for the units and individual members concerned, taking into account the types of units and military occupational specialties of individual members performing such duty.CommentsClose CommentsPermalink





(f) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia.CommentsClose CommentsPermalink





(2) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.CommentsClose CommentsPermalink





(3) The term `State along the southern border of the United States' means each of the following:CommentsClose CommentsPermalink





(A) The State of Arizona.CommentsClose CommentsPermalink





(B) The State of California.CommentsClose CommentsPermalink





(C) The State of New Mexico.CommentsClose CommentsPermalink





(D) The State of Texas.CommentsClose CommentsPermalink





(g) Duration of Authority- The authority of this section shall expire on January 1, 2009.CommentsClose CommentsPermalink





(h) Prohibition on Direct Participation in Law Enforcement- Activities carried out under the authority of this section shall not include the direct participation of a member of the National Guard in a search, seizure, arrest, or similar activity.CommentsClose CommentsPermalink

SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE IN UNITED STATES CUSTOMS AND BORDER PROTECTION.

(a) Report Required- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report assessing the desirability and feasibility of offering incentives to covered members and former members of the Armed Forces for the purpose of encouraging such members to serve in the Bureau of Customs and Border Protection.CommentsClose CommentsPermalink





(b) Covered Members and Former Members of the Armed Forces- For purposes of this section, covered members and former members of the Armed Forces are the following:CommentsClose CommentsPermalink





(1) Members of the reserve components of the Armed Forces.CommentsClose CommentsPermalink





(2) Former members of the Armed Forces within two years of separation from service in the Armed Forces.CommentsClose CommentsPermalink





(c) Requirements and Limitations-CommentsClose CommentsPermalink





(1) NATURE OF INCENTIVES- In considering incentives for purposes of the report required by subsection (a), the Secretaries shall consider such incentives, whether monetary or otherwise and whether or not authorized by current law or regulations, as the Secretaries jointly consider appropriate.CommentsClose CommentsPermalink





(2) TARGETING OF INCENTIVES- In assessing any incentive for purposes of the report, the Secretaries shall give particular attention to the utility of such incentive in--CommentsClose CommentsPermalink





(A) encouraging service in the Bureau of Customs and Border Protection after service in the Armed Forces by covered members and former of the Armed Forces who have provided border patrol or border security assistance to the Bureau as part of their duties as members of the Armed Forces; andCommentsClose CommentsPermalink





(B) leveraging military training and experience by accelerating training, or allowing credit to be applied to related areas of training, required for service with the Bureau of Customs and Border Protection.CommentsClose CommentsPermalink





(3) PAYMENT- In assessing incentives for purposes of the report, the Secretaries shall assume that any costs of such incentives shall be borne by the Department of Homeland Security.CommentsClose CommentsPermalink





(d) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) A description of various monetary and non-monetary incentives considered for purposes of the report.CommentsClose CommentsPermalink





(2) An assessment of the desirability and feasibility of utilizing any such incentive for the purpose specified in subsection (a), including an assessment of the particular utility of such incentive in encouraging service in the Bureau of Customs and Border Protection after service in the Armed Forces by covered members and former members of the Armed Forces described in subsection (c)(2).CommentsClose CommentsPermalink





(3) Any other matters that the Secretaries jointly consider appropriate.CommentsClose CommentsPermalink





(e) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--CommentsClose CommentsPermalink





(1) the Committees on Armed Services, Homeland Security and Governmental Affairs, and Appropriations of the Senate; andCommentsClose CommentsPermalink





(2) the Committees on Armed Services, Homeland Security, and Appropriations of the House of Representatives.CommentsClose CommentsPermalink

SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) Approximately 27 percent of United States citizens possess United States passports.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) The Secretary of State estimates that 16,000,000 passports will be issued in fiscal year 2007 and 17,000,000 passports will be issued in fiscal year 2008.CommentsClose CommentsPermalink





(b) Extension of Western Hemisphere Travel Initiative Implementation Deadline- Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by striking `January 1, 2008' and inserting `the later of June 1, 2009, or 3 months after the Secretary of State and the Secretary of Homeland Security make the certification required in subsection (i) of section 133 of the Comprehensive Immigration Reform Act of 2007.'.CommentsClose CommentsPermalink





(c) Passport Cards-CommentsClose CommentsPermalink





(1) AUTHORITY TO ISSUE- In order to facilitate travel of United States citizens to Canada, Mexico, the countries located in the Caribbean, and Bermuda, the Secretary of State, in consultation with the Secretary, is authorized to develop a travel document known as a Passport Card.CommentsClose CommentsPermalink





(2) 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 be authorized to issue to a citizen of the United States who submits an application in accordance with paragraph (5) a travel document that will serve as a Passport Card.CommentsClose CommentsPermalink





(3) APPLICABILITY- A Passport Card shall be deemed to be a United States passport for the purpose of United States laws and regulations relating to United States passports.CommentsClose CommentsPermalink





(4) VALIDITY- A Passport Card shall be valid for the same period as a United States passport.CommentsClose CommentsPermalink





(5) LIMITATION ON USE- A Passport Card may only be used for the purpose of international travel by United States citizens through land and sea ports of entry between--CommentsClose CommentsPermalink





(A) the United States and Canada;CommentsClose CommentsPermalink





(B) the United States and Mexico; andCommentsClose CommentsPermalink





(C) the United States and a country located in the Caribbean or Bermuda.CommentsClose CommentsPermalink





(6) APPLICATION FOR ISSUANCE- To be issued a Passport 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.CommentsClose CommentsPermalink





(7) TECHNOLOGY-CommentsClose CommentsPermalink





(A) EXPEDITED TRAVELER PROGRAMS- To the maximum extent practicable, a Passport 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 Passport Card is not developed by that date.CommentsClose CommentsPermalink





(B) TECHNOLOGY- The Secretary and the Secretary of State shall establish a technology implementation plan that accommodates desired technology requirements of the Department of State and the Department, allows for future technological innovations, and ensures maximum facilitation at the northern and southern borders.CommentsClose CommentsPermalink





(8) SPECIFICATIONS FOR CARD- A Passport Card shall be easily portable and durable. The Secretary of State and the Secretary 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.CommentsClose CommentsPermalink





(9) FEE-CommentsClose CommentsPermalink





(A) IN GENERAL- An applicant for a Passport Card shall submit an application under paragraph (6) together with a nonrefundable fee in an amount to be determined by the Secretary of State. Passport Card fees shall be deposited as an offsetting collection to the appropriate Department of State appropriation, to remain available until expended.CommentsClose CommentsPermalink





(B) LIMITATION ON FEES-CommentsClose CommentsPermalink





(i) IN GENERAL- The Secretary of State shall seek to make the application fee under this paragraph as low as possible.CommentsClose CommentsPermalink





(ii) MAXIMUM FEE WITHOUT CERTIFICATION- Except as provided in clause (iii), the application fee may not exceed $24.CommentsClose CommentsPermalink





(iii) MAXIMUM FEE WITH CERTIFICATION- The application fee may be not more than $34 if the Secretary of State, the Secretary, and the Postmaster General--CommentsClose CommentsPermalink





(I) jointly certify to Congress that the cost to produce and issue a Passport Card significantly exceeds $24; andCommentsClose CommentsPermalink





(II) provide a detailed cost analysis for such fee.CommentsClose CommentsPermalink





(C) REDUCTION OF FEE- The Secretary of State shall reduce the fee for a Passport Card for an individual who submits an application for a Passport Card together with an application for a United States passport.CommentsClose CommentsPermalink





(D) WAIVER OF FEE FOR CHILDREN- The Secretary of State shall waive the fee for a Passport Card for a child under 18 years of age.CommentsClose CommentsPermalink





(E) AUDIT- In the event that the fee for a Passport Card exceeds $24, the Comptroller General of the United States shall conduct an audit to determine whether Passport Cards are issued at the lowest possible cost.CommentsClose CommentsPermalink





(10) ACCESSIBILITY- In order to make the Passport Card easily obtainable, an application for a Passport Card shall be accepted in the same manner and at the same locations as an application for a United States passport.CommentsClose CommentsPermalink





(11) 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 Passport Card.CommentsClose CommentsPermalink





(d) State Enrollment Demonstration Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provisions of law, the Secretary of State and the Secretary shall enter into a memorandum of understanding with 1 or more appropriate States to carry out at least 1 demonstration program as follows:CommentsClose CommentsPermalink





(A) A State may include an individual's United States citizenship status on a driver's license which meets the requirements of section 202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note).CommentsClose CommentsPermalink





(B) The Secretary of State shall develop a mechanism to communicate with a participating State to verify the United States citizenship status of an applicant who voluntarily seeks to have the applicant's United States citizenship status included on a driver's license.CommentsClose CommentsPermalink





(C) All information collected about the individual shall be managed exclusively in the same manner as information collected through a passport application and no further distribution of such information shall be permitted.CommentsClose CommentsPermalink





(D) A State may not require an individual to include the individual's citizenship status on a driver's license.CommentsClose CommentsPermalink





(E) Notwithstanding any other provision of law, a driver's license which meets the requirements of this paragraph shall be deemed to be sufficient documentation to permit the bearer to enter the United States from Canada or Mexico through not less than at least 1 designated international border crossing in each State participating in the demonstration program.CommentsClose CommentsPermalink





(2) RULE OF CONSTRUCTION- Nothing in this subsection shall have the effect of creating a national identity card.CommentsClose CommentsPermalink





(3) AUTHORITY TO EXPAND- The Secretary of State and the Secretary may expand the demonstration program under this subsection so that such program is carried out in additional States, through additional ports of entry, for additional foreign countries, and in a manner that permits the use of additional types of identification documents to prove identity under the program.CommentsClose CommentsPermalink





(4) STUDY- Not later than 6 months after the date that the demonstration program under this subsection is carried out, the Comptroller General of the United States shall conduct a study of--CommentsClose CommentsPermalink





(A) the cost of the production and issuance of documents that meet the requirements of the program compared with other travel documents;CommentsClose CommentsPermalink





(B) the impact of the program on the flow of cross-border traffic and the economic impact of the program; andCommentsClose CommentsPermalink





(C) the security of travel documents that meet the requirements of the program compared with other travel documents.CommentsClose CommentsPermalink





(5) RECIPROCITY WITH CANADA- Notwithstanding any other provision of law, if the Secretary of State and the Secretary certify that certain identity documents issued by Canada (or any of its provinces) meet security and citizenship standards comparable to the requirements described in paragraph (1), the Secretary may determine that such documents are sufficient to permit entry into the United States. The Secretary shall work, to the maximum extent possible, to ensure that identification documents issued by Canada that are used as described in this paragraph contain the same technology as identification documents issued by the United States (or any State).CommentsClose CommentsPermalink





(6) ADDITIONAL PILOT PROGRAMS- To the maximum extent possible, the Secretary shall seek to conduct pilot programs related to Passport Cards and the State Enrollment Demonstration Program described in this subsection on the international border between the United States and Canada and the international border between the United States and Mexico.CommentsClose CommentsPermalink





(e) Expedited Processing for Repeat Travelers-CommentsClose CommentsPermalink





(1) LAND CROSSINGS- To the maximum extent practicable at the United States border with Canada and the United States border with Mexico, the Secretary 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. The Secretary, in consultation with the appropriate officials of the Government of Canada, shall equip at least 6 additional northern border crossings with NEXUS technology and 6 additional southern ports of entry with SENTRI technology.CommentsClose CommentsPermalink





(2) SEA CROSSINGS- The Commissioner of Customs and Border Patrol shall conduct and expand trusted traveler programs and pilot programs to facilitate expedited processing of United States citizens returning from pleasure craft trips in Canada, Mexico, the Caribbean, or Bermuda. One such program shall be conducted in Florida and modeled on the I-68 program.CommentsClose CommentsPermalink





(f) Process for Individuals Lacking Appropriate Documents-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall establish a program that satisfies section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note)--CommentsClose CommentsPermalink





(A) to permit a citizen of the United States who has not been issued a United States passport or other appropriate travel document to cross the international border and return to the United States for a time period of not more than 72 hours, on a limited basis, and at no additional fee; orCommentsClose CommentsPermalink





(B) to establish a process to ascertain the identity of, and make admissibility determinations for, a citizen described in paragraph (A) upon the arrival of such citizen at an international border of the United States.CommentsClose CommentsPermalink





(2) GRACE PERIOD- During a time period determined by the Secretary, officers of the United States Customs and Border Patrol may permit citizens of the United States and Canada who are unaware of the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), or otherwise lacking appropriate documentation, to enter the United States upon a demonstration of citizenship satisfactory to the officer. Officers of the United States Customs and Border Patrol shall educate such individuals about documentary requirements.CommentsClose CommentsPermalink





(g) Travel by Children- Notwithstanding any other provision of law, the Secretary shall develop a procedure to accommodate groups of children traveling by land across an international border under adult supervision with parental consent without requiring a government-issued identity and citizenship document.CommentsClose CommentsPermalink





(h) Public Promotion- The Secretary of State, in consultation with the Secretary, shall develop and implement an outreach plan to inform United States citizens about the Western Hemisphere Travel Initiative and the provisions of this Act, to facilitate the acquisition of appropriate documentation to travel to Canada, Mexico, the countries located in the Caribbean, and Bermuda, and to educate United States citizens who are unaware of the requirements for such travel. Such outreach plan should include--CommentsClose CommentsPermalink





(1) written notifications posted at or near public facilities, including border crossings, schools, libraries, Amtrak stations, 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 and other ports of entry;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) the collection and analysis of data to measure the success of the public promotion plan; andCommentsClose CommentsPermalink





(4) additional measures as appropriate.CommentsClose CommentsPermalink





(i) 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 later of June 1, 2009, or the date that is 3 months after the Secretary of State and the Secretary certify to Congress that--CommentsClose CommentsPermalink





(1)(A) if the Secretary and the Secretary of State develop and issue Passport Cards under this section--CommentsClose CommentsPermalink





(i) such 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;CommentsClose CommentsPermalink





(ii) Passport Cards are provided to applicants, on average, within 4 weeks of application or within the same period of time required to adjudicate a passport; andCommentsClose CommentsPermalink





(iii) a successful pilot has demonstrated the effectiveness of the Passport Card; orCommentsClose CommentsPermalink





(B) if the Secretary and the Secretary of State do not develop and issue Passport Cards under this section and develop a program to issue an alternative document that satisfies the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, in addition to the NEXUS, SENTRI, FAST and Border Crossing Card programs, such alternative document is widely available and well publicized;CommentsClose CommentsPermalink





(2) United States border crossings have been equipped with sufficient document readers and other technologies to ensure that implementation will not substantially slow the flow of traffic and persons across international borders;CommentsClose CommentsPermalink





(3) officers of the Bureau of Customs and Border Protection have received training and been provided the infrastructure necessary to accept Passport Cards and all alternative identity documents at all United States border crossings; andCommentsClose CommentsPermalink





(4) the outreach plan described in subsection (g) has been implemented and the Secretary determines such plan has been successful in providing information to United States citizens.CommentsClose CommentsPermalink





(j) Authorization of Appropriations- There is authorized to be appropriated to the Secretary of State and the Secretary such sums as may be necessary to carry out this section, and the amendment made by this section.CommentsClose CommentsPermalink

Subtitle D--Border Law Enforcement Relief Act

SEC. 141. SHORT TITLE.

This subtitle may be cited as the `Border Law Enforcement Relief Act of 2007'.CommentsClose CommentsPermalink

SEC. 142. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) It is the obligation of the Federal Government of the United States to adequately secure the Nation's borders and prevent the flow of undocumented persons and illegal drugs into the United States.CommentsClose CommentsPermalink





(2) Despite the fact that the United States Border Patrol apprehends over 1,000,000 people each year trying to illegally enter the United States, according to the Congressional Research Service, the net growth in the number of unauthorized aliens has increased by approximately 500,000 each year. The Southwest border accounts for approximately 94 percent of all migrant apprehensions each year. Currently, there are an estimated 11,000,000 unauthorized aliens in the United States.CommentsClose CommentsPermalink





(3) The border region is also a major corridor for the shipment of drugs. According to the El Paso Intelligence Center, 65 percent of the narcotics that are sold in the markets of the United States enter the country through the Southwest Border.CommentsClose CommentsPermalink





(4) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties.CommentsClose CommentsPermalink





(5) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border.CommentsClose CommentsPermalink





(6) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border-related crimes.CommentsClose CommentsPermalink





(7) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with illegal immigration, drug trafficking, and other border-related crimes.CommentsClose CommentsPermalink





(8) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the regionCommentsClose CommentsPermalink

SEC. 143. BORDER RELIEF GRANT PROGRAM.

(a) Grants Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary is authorized to award grants, subject to the availability of appropriations, to an eligible law enforcement agency to provide assistance to such agency to address--CommentsClose CommentsPermalink





(A) criminal activity that occurs in the jurisdiction of such agency by virtue of such agency's proximity to the United States border; andCommentsClose CommentsPermalink





(B) the impact of any lack of security along the United States border.CommentsClose CommentsPermalink





(2) DURATION- Grants may be awarded under this subsection during fiscal years 2008 through 2012.CommentsClose CommentsPermalink





(3) COMPETITIVE BASIS- The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community--CommentsClose CommentsPermalink





(A) with a population of less than 50,000; andCommentsClose CommentsPermalink





(B) located no more than 100 miles from a United States border with--CommentsClose CommentsPermalink





(i) Canada; orCommentsClose CommentsPermalink





(ii) Mexico.CommentsClose CommentsPermalink





(b) Use of Funds- Grants awarded pursuant to subsection (a) may only be used to provide additional resources for an eligible law enforcement agency to address criminal activity occurring along any such border, including--CommentsClose CommentsPermalink





(1) to obtain equipment;CommentsClose CommentsPermalink





(2) to hire additional personnel;CommentsClose CommentsPermalink





(3) to upgrade and maintain law enforcement technology;CommentsClose CommentsPermalink





(4) to cover operational costs, including overtime and transportation costs; andCommentsClose CommentsPermalink





(5) such other resources as are available to assist that agency.CommentsClose CommentsPermalink





(c) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.CommentsClose CommentsPermalink





(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--CommentsClose CommentsPermalink





(A) describe the activities for which assistance under this section is sought; andCommentsClose CommentsPermalink





(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section.CommentsClose CommentsPermalink





(d) Definitions- For the purposes of this section:CommentsClose CommentsPermalink





(1) ELIGIBLE LAW ENFORCEMENT AGENCY- The term `eligible law enforcement agency' means a tribal, State, or local law enforcement agency--CommentsClose CommentsPermalink





(A) located in a county no more than 100 miles from a United States border with--CommentsClose CommentsPermalink





(i) Canada; orCommentsClose CommentsPermalink





(ii) Mexico; orCommentsClose CommentsPermalink





(B) located in a county more than 100 miles from any such border, but where such county has been certified by the Secretary as a High Impact Area.CommentsClose CommentsPermalink





(2) HIGH IMPACT AREA- The term `High Impact Area' means any county designated by the Secretary as such, taking into consideration--CommentsClose CommentsPermalink





(A) whether local law enforcement agencies in that county have the resources to protect the lives, property, safety, or welfare of the residents of that county;CommentsClose CommentsPermalink





(B) the relationship between any lack of security along the United States border and the rise, if any, of criminal activity in that county; andCommentsClose CommentsPermalink





(C) any other unique challenges that local law enforcement face due to a lack of security along the United States border.CommentsClose CommentsPermalink





(e) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- There are authorized to be appropriated $50,000,000 for each of fiscal years 2008 through 2012 to carry out the provisions of this section.CommentsClose CommentsPermalink





(2) DIVISION OF AUTHORIZED FUNDS- Of the amounts authorized under paragraph (1)--CommentsClose CommentsPermalink





(A) 2/3 shall be set aside for eligible law enforcement agencies located in the 6 States with the largest number of undocumented alien apprehensions; andCommentsClose CommentsPermalink





(B) 1/3 shall be set aside for areas designated as a High Impact Area under subsection (d).CommentsClose CommentsPermalink





(f) Supplement Not Supplant- Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this title.CommentsClose CommentsPermalink

SEC. 144. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

Nothing in this subtitle shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority.CommentsClose CommentsPermalink

Subtitle E--Rapid Response Measures

SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.

(a) Emergency Deployment of Border Patrol Agents-CommentsClose CommentsPermalink





(1) IN GENERAL- If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional United States Border Patrol agents (referred to in this subtitle as `agents') from the Secretary, the Secretary, subject to paragraphs (1) and (2), may provide the State with not more than 1,000 additional agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border into the United States at any location other than an authorized port of entry.CommentsClose CommentsPermalink





(2) CONSULTATION- Upon receiving a request for agents under paragraph (1), the Secretary, after consultation with the President, shall grant such request to the extent that providing such agents will not significantly impair the Department's ability to provide border security for any other State.CommentsClose CommentsPermalink





(3) COLLECTIVE BARGAINING- Emergency deployments under this subsection shall be made in accordance with all applicable collective bargaining agreements and obligations.CommentsClose CommentsPermalink





(b) Elimination of Fixed Deployment of Border Patrol Agents- The Secretary shall ensure that agents are not precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances if the temporary use of fixed deployment positions is necessary.CommentsClose CommentsPermalink





(c) Increase in Full-Time Border Patrol Agents- Section 5202(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734), as amended by section 101(b)(2), is further amended by striking `2,000' and inserting `3,000'.CommentsClose CommentsPermalink

SEC. 152. BORDER PATROL MAJOR ASSETS.

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





(b) Helicopters and Power Boats-CommentsClose CommentsPermalink





(1) HELICOPTERS- The Secretary shall increase, by not less than 100, the number of helicopters under the control of the United States Border Patrol. The Secretary shall ensure that appropriate types of helicopters are procured for the various missions being performed.CommentsClose CommentsPermalink





(2) POWER BOATS- The Secretary shall increase, by not less than 250, the number of power boats under the control of the United States Border Patrol. The Secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements.CommentsClose CommentsPermalink





(3) USE AND TRAINING- The Secretary shall--CommentsClose CommentsPermalink





(A) establish an overall policy on how the helicopters and power boats procured under this subsection will be used; andCommentsClose CommentsPermalink





(B) implement training programs for the agents who use such assets, including safe operating procedures and rescue operations.CommentsClose CommentsPermalink





(c) Motor Vehicles-CommentsClose CommentsPermalink





(1) QUANTITY- The Secretary shall establish a fleet of motor vehicles appropriate for use by the United States Border Patrol that will permit a ratio of not less than 1 police-type vehicle for every 3 agents. These police-type vehicles shall be replaced not less than every 3 years. The Secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the United States Border Patrol.CommentsClose CommentsPermalink





(2) FEATURES- All motor vehicles purchased for the United States Border Patrol shall--CommentsClose CommentsPermalink





(A) be appropriate for the mission of the United States Border Patrol; andCommentsClose CommentsPermalink





(B) have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.CommentsClose CommentsPermalink

SEC. 153. ELECTRONIC EQUIPMENT.

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





(b) Radio Communications- The Secretary shall augment the existing radio communications system so that all law enforcement personnel working in each area where United States Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.CommentsClose CommentsPermalink





(c) Hand-Held Global Positioning System Devices- The Secretary shall ensure that each United States Border Patrol agent is issued a state-of-the-art hand-held global positioning system device for navigational purposes.CommentsClose CommentsPermalink





(d) Night Vision Equipment- The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each United States Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device.CommentsClose CommentsPermalink

SEC. 154. PERSONAL EQUIPMENT.

(a) Border Armor- The Secretary shall ensure that every agent is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Each agent shall be permitted to select from among a variety of approved brands and styles. Agents shall be strongly encouraged, but not required, to wear such body armor whenever practicable. All body armor shall be replaced not less than every 5 years.CommentsClose CommentsPermalink





(b) Weapons- The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face.CommentsClose CommentsPermalink





(c) Uniforms- The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as they become worn, unserviceable, or no longer fit properly.CommentsClose CommentsPermalink

SEC. 155. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out this subtitle.CommentsClose CommentsPermalink

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)'.CommentsClose CommentsPermalink





(b) Cancellation of Removal- Section 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is amended--CommentsClose CommentsPermalink





(1) by striking `inadmissible under' and inserting `described in'; andCommentsClose CommentsPermalink





(2) by striking `deportable under' and inserting `described in'.CommentsClose CommentsPermalink





(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)'.CommentsClose CommentsPermalink





(d) Restriction on Removal- Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended--CommentsClose CommentsPermalink





(1) in clause (iii), by striking `or' at the end;CommentsClose CommentsPermalink





(2) in clause (iv) by striking the period at the end and inserting `; or';CommentsClose CommentsPermalink





(3) by inserting after clause (iv) the following:CommentsClose CommentsPermalink





`(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).'; andCommentsClose CommentsPermalink





(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.'.CommentsClose CommentsPermalink





(e) Record of Admission- Section 249 (8 U.S.C. 1259) is amended to read as follows:CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(2) entered the United States before January 1, 1972;CommentsClose CommentsPermalink





`(3) has resided in the United States continuously since such entry;CommentsClose CommentsPermalink





`(4) is a person of good moral character;CommentsClose CommentsPermalink





`(5) is not ineligible for citizenship; andCommentsClose CommentsPermalink





`(6) is not described in section 237(a)(4)(B).'.CommentsClose CommentsPermalink





(f) Effective Date and Application- The amendments made by this section shall--CommentsClose CommentsPermalink





(1) take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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

(a) In General-CommentsClose CommentsPermalink





(1) AMENDMENTS- Section 241(a) (8 U.S.C. 1231(a)) is amended--CommentsClose CommentsPermalink





(A) by striking `Attorney General' the first place it appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink





(B) by striking `Attorney General' any other place it appears and inserting `Secretary';CommentsClose CommentsPermalink





(C) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (B), by amending clause (ii) to read as follows:CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





(ii) by amending subparagraph (C) to read as follows:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) make all reasonable efforts to comply with the removal order; orCommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





(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.';CommentsClose CommentsPermalink





(E) in paragraph (3), by amending subparagraph (D) to read as follows:CommentsClose CommentsPermalink





`(D) to obey reasonable restrictions on the alien's conduct or activities, or to perform affirmative acts, that the Secretary prescribes for the alien--CommentsClose CommentsPermalink





`(i) to prevent the alien from absconding;CommentsClose CommentsPermalink





`(ii) for the protection of the community; orCommentsClose CommentsPermalink





`(iii) for other purposes related to the enforcement of the immigration laws.';CommentsClose CommentsPermalink





(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';CommentsClose CommentsPermalink





(G) by redesignating paragraph (7) as paragraph (10); andCommentsClose CommentsPermalink





(H) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(8) ADDITIONAL RULES FOR DETENTION OR RELEASE OF ALIENS- The following procedures shall apply to an alien detained under this section:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) ALIEN DESCRIBED- An alien is described in this subparagraph if the alien--CommentsClose CommentsPermalink





`(i) has effected an entry into the United States;CommentsClose CommentsPermalink





`(ii) has made all reasonable efforts to comply with the alien's removal order;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(iv) has not conspired or acted to prevent removal.CommentsClose CommentsPermalink





`(C) EVIDENCE- In making a determination under subparagraph (A), the Secretary--CommentsClose CommentsPermalink





`(i) shall consider any evidence submitted by the alien;CommentsClose CommentsPermalink





`(ii) may consider any other evidence, including--CommentsClose CommentsPermalink





`(I) any information or assistance provided by the Department of State or other Federal agency; andCommentsClose CommentsPermalink





`(II) any other information available to the Secretary pertaining to the ability to remove the alien.CommentsClose CommentsPermalink





`(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)).CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) determines that there is a significant likelihood that the alien will be removed in the reasonably foreseeable future; orCommentsClose CommentsPermalink





`(ii) certifies in writing--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(IV) that--CommentsClose CommentsPermalink

`(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; andCommentsClose CommentsPermalink

`(bb) the alien--CommentsClose CommentsPermalink

`(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; orCommentsClose CommentsPermalink

`(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; orCommentsClose CommentsPermalink

`(V) that--CommentsClose CommentsPermalink

`(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; andCommentsClose CommentsPermalink

`(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.CommentsClose CommentsPermalink

`(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)).CommentsClose CommentsPermalink





`(G) RENEWAL AND DELEGATION OF CERTIFICATION-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) the alien fails to comply with the conditions of release;CommentsClose CommentsPermalink





`(ii) the alien fails to continue to satisfy the conditions described in subparagraph (B); orCommentsClose CommentsPermalink





`(iii) upon reconsideration, the Secretary determines that the alien can be detained under subparagraph (E).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) has effected an entry into the United States; andCommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(aa) failed or refused to make all reasonable efforts to comply with a removal order;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(cc) conspired or acted to prevent removal; orCommentsClose CommentsPermalink





`(II) the Secretary makes a certification as specified in subparagraph (E), or the renewal of a certification specified in subparagraph (G).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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 brought in a United States district court and only if the alien has exhausted all administrative remedies available to the alien as of right.'.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1)--CommentsClose CommentsPermalink





(A) shall take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink





(B) shall apply to--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(ii) any act or condition occurring or existing before, on, or after the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Criminal Detention of Aliens- Section 3142 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (e)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;CommentsClose CommentsPermalink





(B) by inserting `(1)' before `If, after a hearing';CommentsClose CommentsPermalink





(C) in subparagraphs (B) and (C), as redesignated, by striking `paragraph (1)' and inserting `subparagraph (A)'; andCommentsClose CommentsPermalink





(D) by adding after subparagraph (C), as redesignated, the following:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) is an alien; andCommentsClose CommentsPermalink





`(B)(i) has no lawful immigration status in the United States;CommentsClose CommentsPermalink





`(ii) is the subject of a final order of removal; orCommentsClose CommentsPermalink





`(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).'; andCommentsClose CommentsPermalink





(2) in subsection (g)(3)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking `and' at the end; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(C) the person's immigration status; and'.CommentsClose CommentsPermalink

SEC. 203. AGGRAVATED FELONY.

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





(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 Immigration Reform Act of 2007), 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--';CommentsClose CommentsPermalink





(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;';CommentsClose CommentsPermalink





(3) in subparagraph (N), by striking `paragraph (1)(A) or (2) of';CommentsClose CommentsPermalink





(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';CommentsClose CommentsPermalink





(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'; andCommentsClose CommentsPermalink





(6) by striking the undesignated matter following subparagraph (U).CommentsClose CommentsPermalink





(b) Effective Date and Application-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by subsection (a) shall--CommentsClose CommentsPermalink





(A) take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink





(B) apply to any act that occurred on or after the date of the enactment of this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 204. TERRORIST BARS.

(a) Definition of Good Moral Character- Section 101(f) (8 U.S.C. 1101(f)) is amended--CommentsClose CommentsPermalink





(1) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





`(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;';CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





`(A) the person completed the term of imprisonment and sentence not later than 10 years before the date of application; andCommentsClose CommentsPermalink





`(B) the Secretary of Homeland Security or the Attorney General waives the application of this paragraph; or'; andCommentsClose CommentsPermalink





(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.'.CommentsClose CommentsPermalink





(b) Pending Proceedings- Section 204(b) (8 U.S.C. 1154(b)) is amended by adding at the end the following: `A petition may not be approved under this section if there is any administrative or judicial proceeding (whether civil or criminal) pending against the petitioner that could directly or indirectly result in the petitioner's denaturalization or the loss of the petitioner's lawful permanent resident status.'.CommentsClose CommentsPermalink





(c) Conditional Permanent Resident Status-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Judicial Review of Naturalization Applications- Section 310(c) (8 U.S.C. 1421(c)) is amended--CommentsClose CommentsPermalink





(1) by inserting `, not later than 120 days after the Secretary of Homeland Security's final determination,' after `may'; andCommentsClose CommentsPermalink





(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.'.CommentsClose CommentsPermalink





(e) Persons Endangering National Security- Section 316 (8 U.S.C. 1427) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(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).'.CommentsClose CommentsPermalink





(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.'.CommentsClose CommentsPermalink





(g) District Court Jurisdiction- Section 336(b) (8 U.S.C. 1447(b)) is amended to read as follows:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(h) Effective Date- The amendments made by this section--CommentsClose CommentsPermalink





(1) shall take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink





(2) shall apply to any act that occurred on or after such date of enactment.CommentsClose CommentsPermalink

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

(a) Criminal Street Gangs-CommentsClose CommentsPermalink





(1) INADMISSIBILITY- Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended--CommentsClose CommentsPermalink





(A) by redesignating subparagraph (F) as subparagraph (J); andCommentsClose CommentsPermalink





(B) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) is, or has been, a member of a criminal street gang (as defined in section 521(a) of title 18, United States Code); orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





is inadmissible.'.CommentsClose CommentsPermalink





(2) DEPORTABILITY- Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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); orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





is deportable.'.CommentsClose CommentsPermalink





(3) TEMPORARY PROTECTED STATUS- Section 244 (8 U.S.C. 1254a) is amended--CommentsClose CommentsPermalink





(A) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink





(B) in subsection (b)(3)--CommentsClose CommentsPermalink





(i) in subparagraph (B), by striking the last sentence and inserting the following: `Notwithstanding any other provision of this section, the Secretary of Homeland Security may, for any reason (including national security), terminate or modify any designation under this section. Such termination or modification is effective upon publication in the Federal Register, or after such time as the Secretary may designate in the Federal Register.';CommentsClose CommentsPermalink





(ii) in subparagraph (C), by striking `a period of 12 or 18 months' and inserting `any other period not to exceed 18 months';CommentsClose CommentsPermalink





(C) in subsection (c)--CommentsClose CommentsPermalink





(i) in paragraph (1)(B), by striking `The amount of any such fee shall not exceed $50.';CommentsClose CommentsPermalink





(ii) in paragraph (2)(B)--CommentsClose CommentsPermalink





(I) in clause (i), by striking `, or' at the end;CommentsClose CommentsPermalink





(II) in clause (ii), by striking the period at the end and inserting `; or'; andCommentsClose CommentsPermalink





(III) by adding at the end the following:CommentsClose CommentsPermalink





`(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).'; andCommentsClose CommentsPermalink





(D) in subsection (d)--CommentsClose CommentsPermalink





(i) by striking paragraph (3); andCommentsClose CommentsPermalink





(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.'.CommentsClose CommentsPermalink





(b) Penalties Related to Removal- Section 243 (8 U.S.C. 1253) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by inserting `212(a) or' after `section'; andCommentsClose CommentsPermalink





(B) in the matter following subparagraph (D)--CommentsClose CommentsPermalink





(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'; andCommentsClose CommentsPermalink





(ii) by striking `, or both';CommentsClose CommentsPermalink





(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)).'; andCommentsClose CommentsPermalink





(3) by amending subsection (d) to read as follows:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(c) Alien Smuggling and Related Offenses-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 274 (8 U.S.C. 1324), is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

`(a) Criminal Offenses and Penalties-CommentsClose CommentsPermalink





`(1) PROHIBITED ACTIVITIES- Except as provided in paragraph (3), a person shall be punished as provided under paragraph (2), if the person--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(G) conspires or attempts to commit any of the acts described in subparagraphs (A) through (F).CommentsClose CommentsPermalink





`(2) CRIMINAL PENALTIES- A person who violates any provision under paragraph (1)--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(B) except as provided in subparagraphs (C) through (G), if the offense was committed for commercial advantage, profit, or private financial gain--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) transporting the person in an engine compartment, storage compartment, or other confined space;CommentsClose CommentsPermalink





`(ii) transporting the person at an excessive speed or in excess of the rated capacity of the means of transportation; orCommentsClose CommentsPermalink





`(iii) transporting the person in, harboring the person in, or otherwise subjecting the person to crowded or dangerous conditions;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) engaged in terrorist activity (as defined in section 212(a)(3)(B)); orCommentsClose CommentsPermalink





`(ii) intending to engage in terrorist activity;CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) LIMITATION- It is not a violation of subparagraph (D), (E), or (F) of paragraph (1)--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) EXTRATERRITORIAL JURISDICTION- There is extraterritorial Federal jurisdiction over the offenses described in this subsection.CommentsClose CommentsPermalink





`(b) Employment of Unauthorized Aliens-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) DEFINITION- An alien described in this paragraph is an alien who--CommentsClose CommentsPermalink





`(A) is an unauthorized alien (as defined in section 274A(i));CommentsClose CommentsPermalink





`(B) is present in the United States without lawful authority; andCommentsClose CommentsPermalink





`(C) has been brought into the United States in violation of this subsection.CommentsClose CommentsPermalink





`(c) Seizure and Forfeiture-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) APPLICABLE PROCEDURES- Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(C) testimony by an immigration officer having personal knowledge of the facts concerning the alien's status or lack of status.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) officers and employees designated by the Secretary of Homeland Security, either individually or as a member of a class; andCommentsClose CommentsPermalink





`(2) other officers responsible for the enforcement of Federal criminal laws.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) the witness was available for cross examination at the deposition by the party, if any, opposing admission of the testimony; andCommentsClose CommentsPermalink





`(2) the deposition otherwise complies with the Federal Rules of Evidence.CommentsClose CommentsPermalink





`(f) Outreach Program-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums are necessary for the fiscal years 2008 through 2012 to carry out this subsection.CommentsClose CommentsPermalink





`(g) Definitions- In this section:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of contents is amended by striking the item relating to section 274 and inserting the following:CommentsClose CommentsPermalink





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





(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--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by inserting `, alien smuggling crime,' after `any crime of violence';CommentsClose CommentsPermalink





(B) in subparagraph (A), by inserting `, alien smuggling crime,' after `such crime of violence';CommentsClose CommentsPermalink





(C) in subparagraph (D)(ii), by inserting `, alien smuggling crime,' after `crime of violence'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(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).'.CommentsClose CommentsPermalink

SEC. 206. ILLEGAL ENTRY.

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

`SEC. 275. ILLEGAL ENTRY.

`(a) In General-CommentsClose CommentsPermalink





`(1) CRIMINAL OFFENSES- An alien shall be subject to the penalties set forth in paragraph (2) if the alien--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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 laws, immigration laws, agriculture laws, or shipping laws).CommentsClose CommentsPermalink





`(2) CRIMINAL PENALTIES- Any alien who violates any provision under paragraph (1)--CommentsClose CommentsPermalink





`(A) shall, for the first violation, be fined under title 18, United States Code, imprisoned not more than 6 months, or both;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) alleged in the indictment or information; andCommentsClose CommentsPermalink





`(B) proven beyond a reasonable doubt at trial or admitted by the defendant.CommentsClose CommentsPermalink





`(4) DURATION OF OFFENSE- An offense under this subsection continues until the alien is discovered within the United States by an immigration officer.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(b) Improper Time or Place; Civil Penalties-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) not less than $50 or more than $250 for each such entry, crossing, attempted entry, or attempted crossing; orCommentsClose CommentsPermalink





`(B) twice the amount specified in paragraph (1) if the alien had previously been subject to a civil penalty under this subsection.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents is amended by striking the item relating to section 275 and inserting the following:CommentsClose CommentsPermalink





`Sec. 275. Illegal entry.'.CommentsClose CommentsPermalink

SEC. 207. ILLEGAL REENTRY.

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

`SEC. 276. REENTRY OF REMOVED ALIENS.

`(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.CommentsClose CommentsPermalink





`(b) Reentry of Criminal Offenders- Notwithstanding the penalty provided in subsection (a), if an alien described in that subsection--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) alleged in the indictment or information; andCommentsClose CommentsPermalink





`(2) proven beyond a reasonable doubt at trial or admitted by the defendant.CommentsClose CommentsPermalink





`(e) Affirmative Defenses- It shall be an affirmative defense to a violation of this section that--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(2) with respect to an alien previously denied admission and removed, the alien--CommentsClose CommentsPermalink





`(A) was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act; andCommentsClose CommentsPermalink





`(B) had complied with all other laws and regulations governing the alien's admission into the United States.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) the alien exhausted all administrative remedies that may have been available to seek relief against the order;CommentsClose CommentsPermalink





`(2) the removal proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; andCommentsClose CommentsPermalink





`(3) the entry of the order was fundamentally unfair.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(i) Definitions- In this section:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

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

(a) Passport, Visa, and Immigration Fraud-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 75 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

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

`Sec.CommentsClose CommentsPermalink





`1541. Trafficking in passports.CommentsClose CommentsPermalink





`1542. False statement in an application for a passport.CommentsClose CommentsPermalink





`1543. Forgery and unlawful production of a passport.CommentsClose CommentsPermalink





`1544. Misuse of a passport.CommentsClose CommentsPermalink





`1545. Schemes to defraud aliens.CommentsClose CommentsPermalink





`1546. Immigration and visa fraud.CommentsClose CommentsPermalink





`1547. Marriage fraud.CommentsClose CommentsPermalink





`1548. Attempts and conspiracies.CommentsClose CommentsPermalink





`1549. Alternative penalties for certain offenses.CommentsClose CommentsPermalink





`1550. Seizure and forfeiture.CommentsClose CommentsPermalink





`1551. Additional jurisdiction.CommentsClose CommentsPermalink





`1552. Additional venue.CommentsClose CommentsPermalink





`1553. Definitions.CommentsClose CommentsPermalink





`1554. Authorized law enforcement activities.CommentsClose CommentsPermalink





`1555. Exception for refugees and asylees.CommentsClose CommentsPermalink

`Sec. 1541. Trafficking in passports

`(a) Multiple Passports- Any person who, during any 3-year period, knowingly--CommentsClose CommentsPermalink





`(1) and without lawful authority produces, issues, or transfers 10 or more passports;CommentsClose CommentsPermalink





`(2) forges, counterfeits, alters, or falsely makes 10 or more passports;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





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





`(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.CommentsClose CommentsPermalink

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

`Any person who knowingly--CommentsClose CommentsPermalink





`(1) makes any false statement or representation in an application for a United States passport (including any supporting documentation);CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





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

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

`(a) Forgery- Any person who--CommentsClose CommentsPermalink





`(1) knowingly forges, counterfeits, alters, or falsely makes any passport; orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





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





`(b) Unlawful Production- Any person who knowingly and without lawful authority--CommentsClose CommentsPermalink





`(1) produces, issues, authorizes, or verifies a passport in violation of the laws, regulations, or rules governing the issuance of the passport;CommentsClose CommentsPermalink





`(2) produces, issues, authorizes, or verifies a United States passport for or to any person not owing allegiance to the United States; orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





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

`Sec. 1544. Misuse of a passport

`(a) In General- Any person who knowingly--CommentsClose CommentsPermalink





`(1) uses any passport issued or designed for the use of another;CommentsClose CommentsPermalink





`(2) 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;CommentsClose CommentsPermalink





`(3) 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; orCommentsClose CommentsPermalink





`(4) violates the terms and conditions of any safe conduct duly obtained and issued under the authority of the United States,CommentsClose CommentsPermalink





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





`(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--CommentsClose CommentsPermalink





`(1) to enter or to attempt to enter the United States; orCommentsClose CommentsPermalink





`(2) to defraud the United States, a State, or a political subdivision of a State,CommentsClose CommentsPermalink





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

`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--CommentsClose CommentsPermalink





`(1) to defraud any person; orCommentsClose CommentsPermalink





`(2) to obtain or receive from any person, by means of false or fraudulent pretenses, representations, promises, money or anything else of value,CommentsClose CommentsPermalink





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





`(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.CommentsClose CommentsPermalink

`Sec. 1546. Immigration and visa fraud

`(a) In General- Any person who knowingly--CommentsClose CommentsPermalink





`(1) uses any immigration document issued or designed for the use of another;CommentsClose CommentsPermalink





`(2) forges, counterfeits, alters, or falsely makes any immigration document;CommentsClose CommentsPermalink





`(3) completes, mails, prepares, presents, signs, or submits any immigration document knowing it to contain any materially false statement or representation;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(5) adopts or uses a false or fictitious name to evade or to attempt to evade the immigration laws; orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





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





`(b) Multiple Violations- Any person who, during any 3-year period, knowingly--CommentsClose CommentsPermalink





`(1) and without lawful authority produces, issues, or transfers 10 or more immigration documents;CommentsClose CommentsPermalink





`(2) forges, counterfeits, alters, or falsely makes 10 or more immigration documents;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(4) completes, mails, prepares, presents, signs, or submits 10 or more immigration documents knowing the documents to contain any materially false statement or representation,CommentsClose CommentsPermalink





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





`(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.CommentsClose CommentsPermalink

`Sec. 1547. Marriage fraud

`(a) Evasion or Misrepresentation- Any person who--CommentsClose CommentsPermalink





`(1) knowingly enters into a marriage for the purpose of evading any provision of the immigration laws; orCommentsClose CommentsPermalink





`(2) knowingly misrepresents the existence or circumstances of a marriage--CommentsClose CommentsPermalink





`(A) in an application or document authorized by the immigration laws; orCommentsClose CommentsPermalink





`(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),CommentsClose CommentsPermalink





shall be fined under this title, imprisoned not more than 10 years, or both.CommentsClose CommentsPermalink





`(b) Multiple Marriages- Any person who--CommentsClose CommentsPermalink





`(1) knowingly enters into 2 or more marriages for the purpose of evading any immigration law; orCommentsClose CommentsPermalink





`(2) knowingly arranges, supports, or facilitates 2 or more marriages designed or intended to evade any immigration law,CommentsClose CommentsPermalink





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





`(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.CommentsClose CommentsPermalink





`(d) Duration of Offense-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink

`Sec. 1549. Alternative penalties for certain offenses

`(a) Terrorism- Any person who violates any section of this chapter--CommentsClose CommentsPermalink





`(1) knowing that such violation will facilitate an act of international terrorism or domestic terrorism (as those terms are defined in section 2331); orCommentsClose CommentsPermalink





`(2) with the intent to facilitate an act of international terrorism or domestic terrorism,CommentsClose CommentsPermalink





shall be fined under this title, imprisoned not more than 25 years, or both.CommentsClose CommentsPermalink





`(b) Offense Against Government- Any person who violates any section of this chapter--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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,CommentsClose CommentsPermalink





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

`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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2) the offense is in or affects foreign commerce;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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); orCommentsClose CommentsPermalink





`(6) the offender is a stateless person whose habitual residence is in the United States.CommentsClose CommentsPermalink

`Sec. 1552. Additional venue

`(a) In General- An offense under section 1542 may be prosecuted in--CommentsClose CommentsPermalink





`(1) any district in which the false statement or representation was made;CommentsClose CommentsPermalink





`(2) any district in which the passport application was prepared, submitted, mailed, received, processed, or adjudicated; orCommentsClose CommentsPermalink





`(3) in the case of an application prepared and adjudicated outside the United States, in the district in which the resultant passport was produced.CommentsClose CommentsPermalink





`(b) Savings Clause- Nothing in this section limits the venue otherwise available under sections 3237 and 3238.CommentsClose CommentsPermalink

`Sec. 1553. Definitions

`As used in this chapter:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) contains a statement or representation that is false, fictitious, or fraudulent;CommentsClose CommentsPermalink





`(B) has no basis in fact or law; orCommentsClose CommentsPermalink





`(C) otherwise fails to state a fact which is material to the purpose for which the document was created, designed, or submitted.CommentsClose CommentsPermalink





`(2) The term a `false statement or representation' includes a personation or an omission.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) The term `immigration document'--CommentsClose CommentsPermalink





`(A) means--CommentsClose CommentsPermalink





`(i) any passport or visa; orCommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) includes any document, photograph, or other piece of evidence attached to or submitted in support of an immigration document.CommentsClose CommentsPermalink





`(5) The term `immigration laws' includes--CommentsClose CommentsPermalink





`(A) the laws described in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17));CommentsClose CommentsPermalink





`(B) the laws relating to the issuance and use of passports; andCommentsClose CommentsPermalink





`(C) the regulations prescribed under the authority of any law described in subparagraph (A) or (B).CommentsClose CommentsPermalink





`(6) The term `immigration proceeding' includes an adjudication, interview, hearing, or review.CommentsClose CommentsPermalink





`(7) A person does not exercise `lawful authority' if the person abuses or improperly exercises lawful authority the person otherwise holds.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(9) The term `produce' means to make, prepare, assemble, issue, print, authenticate, or alter.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`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).CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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)).'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink

--1541'.CommentsClose CommentsPermalink

(b) Protection for Legitimate Refugees and Asylum Seekers- Section 208 (8 U.S.C. 1158) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(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)).'.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in subclause (I), by striking `, or' at the end and inserting a semicolon;CommentsClose CommentsPermalink





(2) in subclause (II), by striking the comma at the end and inserting `; or'; andCommentsClose CommentsPermalink





(3) by inserting after subclause (II) the following:CommentsClose CommentsPermalink





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





(b) Removal- Section 237(a)(3)(B)(iii) (8 U.S.C. 1227(a)(3)(B)(iii)) is amended to read as follows:CommentsClose CommentsPermalink





`(iii) of a violation of any provision of chapter 75 of title 18, United States Code,'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

(a) Institutional Removal Program-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) identify removable criminal aliens in Federal and State correctional facilities;CommentsClose CommentsPermalink





(B) ensure that such aliens are not released into the community; andCommentsClose CommentsPermalink





(C) remove such aliens from the United States after the completion of their sentences.CommentsClose CommentsPermalink





(2) EXPANSION- The Secretary may extend the scope of the Program to all States.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary in each of the fiscal years 2008 through 2012 to carry out the Program.CommentsClose CommentsPermalink

SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

(a) In General- Section 240B (8 U.S.C. 1229c) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





(B) by striking paragraph (3);CommentsClose CommentsPermalink





(C) by redesignating paragraph (2) as paragraph (3);CommentsClose CommentsPermalink





(D) by adding after paragraph (1) the following:CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





(E) in paragraph (3), as redesignated--CommentsClose CommentsPermalink





(i) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





(ii) by redesignating subparagraphs (B), (C), and (D) as paragraphs (C), (D), and (E), respectively;CommentsClose CommentsPermalink





(iii) by adding after subparagraph (A) the following:CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





(iv) in subparagraph (C), as redesignated, by striking `subparagraphs (C) and(D)(ii)' and inserting `subparagraphs (D) and (E)(ii)';CommentsClose CommentsPermalink





(v) in subparagraph (D), as redesignated, by striking `subparagraph (B)' each place that term appears and inserting `subparagraph (C)'; andCommentsClose CommentsPermalink





(vi) in subparagraph (E), as redesignated, by striking `subparagraph (B)' each place that term appears and inserting `subparagraph (C)'; andCommentsClose CommentsPermalink





(F) in paragraph (4), by striking `paragraph (1)' and inserting `paragraphs (1) and (2)';CommentsClose CommentsPermalink





(2) in subsection (b)(2), by striking `a period exceeding 60 days' and inserting `any period in excess of 45 days';CommentsClose CommentsPermalink





(3) by amending subsection (c) to read as follows:CommentsClose CommentsPermalink





`(c) Conditions on Voluntary Departure-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) FAILURE TO COMPLY WITH AGREEMENT-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) ineligible for the benefits of the agreement;CommentsClose CommentsPermalink





`(ii) subject to the penalties described in subsection (d); andCommentsClose CommentsPermalink





`(iii) subject to an alternate order of removal if voluntary departure was granted under subsection (a)(2) or (b).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





(4) by amending subsection (d) to read as follows:CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) makes a sufficient showing to the satisfaction of the Attorney General that the alien is otherwise eligible for such protection.'; andCommentsClose CommentsPermalink





(5) by amending subsection (e) to read as follows:CommentsClose CommentsPermalink





`(e) Eligibility-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





(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, no court shall have jurisdiction to affect, reinstate, enjoin, delay, stay, or toll the period allowed for voluntary departure under this section.'.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(c) Effective Dates-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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'; andCommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(b) Bar on Discretionary Relief- Section 274D (9 U.S.C. 324d) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking `Commissioner' and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(c) Ineligibility for Relief-CommentsClose CommentsPermalink





`(1) IN GENERAL- Unless a timely motion to reopen is granted under section 240(c)(6), an alien described in subsection (a) shall be ineligible for any discretionary relief from removal (including cancellation of removal and adjustment of status) during the time the alien remains in the United States and for a period of 10 years after the alien's departure from the United States.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) makes a sufficient showing to the satisfaction of the Attorney General that the alien is otherwise eligible for such protection.'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in subsection (d)(5)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking `or' at the end;CommentsClose CommentsPermalink





(B) in subparagraph (B), by striking `(y)(2)' and all that follows and inserting `(y), is in a nonimmigrant classification; or'; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(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));';CommentsClose CommentsPermalink





(2) in subsection (g)(5)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking `or' at the end;CommentsClose CommentsPermalink





(B) in subparagraph (B), by striking `(y)(2)' and all that follows and inserting `(y), is in a nonimmigrant classification; or'; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(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));'; andCommentsClose CommentsPermalink





(3) in subsection (y)--CommentsClose CommentsPermalink





(A) in the header, by striking `admitted under nonimmigrant visas' and inserting `in a nonimmigrant classification';CommentsClose CommentsPermalink





(B) in paragraph (1), by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink





`(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).';CommentsClose CommentsPermalink





(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'; andCommentsClose CommentsPermalink





(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)'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`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.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





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

SEC. 215. DIPLOMATIC SECURITY SERVICE.

Paragraph (1) of section 37(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended to read as follows:CommentsClose CommentsPermalink





`(1) conduct investigations concerning--CommentsClose CommentsPermalink





`(A) illegal passport or visa issuance or use;CommentsClose CommentsPermalink





`(B) identity theft or document fraud affecting or relating to the programs, functions, and authorities of the Department of State;CommentsClose CommentsPermalink





`(C) violations of chapter 77 of title 18, United States Code; andCommentsClose CommentsPermalink





`(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);'.CommentsClose CommentsPermalink

SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

(a) In General- Section 103 (8 U.S.C. 1103) is amended--CommentsClose CommentsPermalink





(1) by amending subsection (f) to read as follows:CommentsClose CommentsPermalink





`(f) Minimum Number of Agents in States-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary of Homeland Security shall allocate to each State--CommentsClose CommentsPermalink





`(A) not fewer than 40 full-time active duty agents of the Bureau of Immigration and Customs Enforcement to--CommentsClose CommentsPermalink





`(i) investigate immigration violations; andCommentsClose CommentsPermalink





`(ii) ensure the departure of all removable aliens; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;CommentsClose CommentsPermalink





`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; orCommentsClose CommentsPermalink





`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There is authorized to be appropriated to the Director of the Federal Bureau of Investigations $3,125,000 for each of the fiscal years 2008 through 2012 for improving the speed and accuracy of background and security checks conducted by the Federal Bureau of Investigations on behalf of the Bureau of Citizenship and Immigrations Services.CommentsClose CommentsPermalink





(d) Report on Background and Security Checks-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigations shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigations on behalf of the Bureau of Citizenship and Immigrations ServicesCommentsClose CommentsPermalink





(2) CONTENT- The report required under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a description of the background and security check program;CommentsClose CommentsPermalink





(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;CommentsClose CommentsPermalink





(C) a statistical breakdown of the background and security check delays by applicant country of origin; andCommentsClose CommentsPermalink





(D) the steps the Federal Bureau of Investigations is taking to expedite background and security checks that have been pending for more than 60 days.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(3) any alien for whom all law enforcement checks, as deemed appropriate by such authorized official, have not been conducted and resolved.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 361 the following:CommentsClose CommentsPermalink





`Sec. 362. Construction.'.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) indigent defense;CommentsClose CommentsPermalink





(2) criminal prosecution;CommentsClose CommentsPermalink





(3) autopsies;CommentsClose CommentsPermalink





(4) translators and interpreters; andCommentsClose CommentsPermalink





(5) courts costs.CommentsClose CommentsPermalink





(b) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) PROCESSING CRIMINAL ILLEGAL ALIENS- There are authorized to be appropriated $400,000,000 for each of the fiscal years 2008 through 2012 to carry out subsection (a).CommentsClose CommentsPermalink





(2) COMPENSATION UPON REQUEST- Section 241(i)(5) (8 U.S.C. 1231(i)) is amended to read as follows:CommentsClose CommentsPermalink





`(5) There are authorized to be appropriated to carry this subsection--CommentsClose CommentsPermalink





`(A) such sums as may be necessary for fiscal year 2008;CommentsClose CommentsPermalink





`(B) $750,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





`(C) $850,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





`(D) $950,000,000 for each of the fiscal years 2011 and 2012.'.CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out this section.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Use of Funds- Grants awarded under subsection (a) may be used for--CommentsClose CommentsPermalink





(1) law enforcement activities;CommentsClose CommentsPermalink





(2) health care services;CommentsClose CommentsPermalink





(3) environmental restoration; andCommentsClose CommentsPermalink





(4) the preservation of cultural resources.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) describes the level of access of Border Patrol agents on tribal lands;CommentsClose CommentsPermalink





(2) describes the extent to which enforcement of immigration laws may be improved by enhanced access to tribal lands;CommentsClose CommentsPermalink





(3) contains a strategy for improving such access through cooperation with tribal authorities; andCommentsClose CommentsPermalink





(4) identifies grants provided by the Department for Indian tribes, either directly or through State or local grants, relating to border security expenses.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out this section.CommentsClose CommentsPermalink

SEC. 221. ALTERNATIVES TO DETENTION.

The Secretary shall conduct a study of--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) the effectiveness of the Intensive Supervision Appearance Program and the costs and benefits of expanding that program to all States; andCommentsClose CommentsPermalink





(3) other alternatives to detention, including--CommentsClose CommentsPermalink





(A) release on an order of recognizance;CommentsClose CommentsPermalink





(B) appearance bonds; andCommentsClose CommentsPermalink





(C) electronic monitoring devices.CommentsClose CommentsPermalink

SEC. 222. CONFORMING AMENDMENT.

Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is amended--CommentsClose CommentsPermalink





(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'; andCommentsClose CommentsPermalink





(2) by inserting the following: `that is not described in section 1548 of such title (relating to increased penalties), and' after `first offense'.CommentsClose CommentsPermalink

SEC. 223. REPORTING REQUIREMENTS.

(a) Clarifying Address Reporting Requirements- Section 265 (8 U.S.C. 1305) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(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,';CommentsClose CommentsPermalink





(B) by striking `the Attorney General may require by regulation' and inserting `the Secretary may require'; andCommentsClose CommentsPermalink





(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.';CommentsClose CommentsPermalink





(2) in subsection (b), by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink





(3) in subsection (c), by striking `given to such parent' and inserting `given by such parent'; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





`(d) Address To Be Provided-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) SPECIFIC REQUIREMENTS- The Secretary may provide specific requirements with respect to--CommentsClose CommentsPermalink





`(A) designated classes of aliens and special circumstances, including aliens who are employed at a remote location; andCommentsClose CommentsPermalink





`(B) the reporting of address information by aliens who are incarcerated in a Federal, State, or local correctional facility.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(e) Use of Most Recent Address Provided by the Alien-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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); andCommentsClose CommentsPermalink





`(D) any information collected from State or local correctional agencies pursuant to the State Criminal Alien Assistance Program.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).'.CommentsClose CommentsPermalink





(b) Conforming Changes With Respect to Registration Requirements- Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 262(c), by striking `Attorney General' and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink





(2) in section 263(a), by striking `Attorney General' and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(3) in section 264--CommentsClose CommentsPermalink





(A) in subsections (a), (b), (c), and (d), by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(B) in subsection (f)--CommentsClose CommentsPermalink





(i) by striking `Attorney General is authorized' and inserting `Secretary of Homeland Security and Attorney General are authorized'; andCommentsClose CommentsPermalink





(ii) by striking `Attorney General or the Service' and inserting `Secretary or the Attorney General'.CommentsClose CommentsPermalink





(c) Penalties- Section 266 (8 U.S.C. 1306) is amended--CommentsClose CommentsPermalink





(1) by amending subsection (b) to read as follows:CommentsClose CommentsPermalink





`(b) Failure To Provide Notice of Alien's Current Address-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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 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.';CommentsClose CommentsPermalink





(2) in subsection (c), by inserting `or a notice of current address' before `containing statements'; andCommentsClose CommentsPermalink





(3) in subsections (c) and (d), by striking `Attorney General' each place it appears and inserting `Secretary'.CommentsClose CommentsPermalink





(d) Effective Dates-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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

(a) In General- Section 287(g) (8 U.S.C. 1357(g)) is amended--CommentsClose CommentsPermalink





(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.'; andCommentsClose CommentsPermalink





(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.'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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)'.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall--CommentsClose CommentsPermalink





(1) take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink





(2) apply to convictions entered on or after such date.CommentsClose CommentsPermalink

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'.CommentsClose CommentsPermalink

SEC. 227. EXPEDITED REMOVAL.

(a) In General- Section 238 (8 U.S.C. 1228) is amended--CommentsClose CommentsPermalink





(1) by striking the section heading and inserting `expedited removal of criminal aliens';CommentsClose CommentsPermalink





(2) in subsection (a), by striking the subsection heading and inserting: `Expedited Removal From Correctional Facilities- ';CommentsClose CommentsPermalink





(3) in subsection (b), by striking the subsection heading and inserting: `Removal of Criminal Aliens- ';CommentsClose CommentsPermalink





(4) in subsection (b), by striking paragraphs (1) and (2) and inserting the following:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) ALIENS DESCRIBED- An alien is described in this paragraph if the alien--CommentsClose CommentsPermalink





`(A) has not been lawfully admitted to the United States for permanent residence; andCommentsClose CommentsPermalink





`(B) was convicted of any criminal offense described in subparagraph (A)(iii), (C), or (D) of section 237(a)(2).';CommentsClose CommentsPermalink





(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)';CommentsClose CommentsPermalink





(6) by redesignating the subsection (c) that relates to judicial removal as subsection (d); andCommentsClose CommentsPermalink





(7) in subsection (d)(5) (as so redesignated), by striking `, who is deportable under this Act,'.CommentsClose CommentsPermalink





(b) Application to Certain Aliens-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 235(b)(1)(A)(iii) (8 U.S.C. 1225(b)(1)(A)(iii)) is amended--CommentsClose CommentsPermalink





(A) in subclause (I), by striking `Attorney General' and inserting `Secretary of Homeland Security' each place it appears; andCommentsClose CommentsPermalink





(B) by adding at the end the following new subclause:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(2) EXCEPTIONS- Section 235(b)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--CommentsClose CommentsPermalink





(A) by striking `and who arrives by aircraft at a port of entry' and inserting `and--'; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(i) who arrives by aircraft at a port of entry; orCommentsClose CommentsPermalink





`(ii) who is present in the United States and arrived in any manner at or between a port of entry.'.CommentsClose CommentsPermalink





(c) 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.CommentsClose CommentsPermalink

SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

(a) Immigrants- Section 204(a)(1) (8 U.S.C. 1154(a)(1)), is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)(i), by striking `Any' and inserting `Except as provided in clause (vii), any';CommentsClose CommentsPermalink





(2) in subparagraph (A), by inserting after clause (vi) the following:CommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





(3) in subparagraph (B)(i)--CommentsClose CommentsPermalink





(A) by striking `Any alien' and inserting the following: `(I) Except as provided in subclause (II), any alien'; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) shall--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) take the illegal alien into the custody of the Federal Government not later than 72 hours after--CommentsClose CommentsPermalink





`(I) the conclusion of the State charging process or dismissal process; orCommentsClose CommentsPermalink





`(II) the illegal alien is apprehended, if no State charging or dismissal process is required; orCommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(2) shall designate at least 1 Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for that State to transfer custody of aliens to the Department of Homeland Security.CommentsClose CommentsPermalink





`(d) Reimbursement-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(2) COST COMPUTATION- Compensation provided for costs incurred under subparagraphs (A) and (B) of subsection (c)(1) shall be--CommentsClose CommentsPermalink





`(A) the product of--CommentsClose CommentsPermalink





`(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 byCommentsClose CommentsPermalink





`(ii) the number of days that the alien was in the custody of the State or political subdivision; plusCommentsClose CommentsPermalink





`(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; plusCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(e) Requirement for Appropriate Security- The Secretary of Homeland Security shall ensure that--CommentsClose CommentsPermalink





`(1) aliens incarcerated in a Federal facility pursuant to this section are held in facilities which provide an appropriate level of security; andCommentsClose CommentsPermalink





`(2) if practicable, aliens detained solely for civil violations of Federal immigration law are separated within a facility or facilities.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(g) Authority for Contracts-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(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 2008 and for 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.).CommentsClose CommentsPermalink

SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.

Section 1956(c)(7)(D) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(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),'; andCommentsClose CommentsPermalink





(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),'.CommentsClose CommentsPermalink

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

(a) Provision of Information to the National Crime Information Center-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) against whom a final order of removal has been issued;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) whom a Federal immigration officer has confirmed to be unlawfully present in the United States; andCommentsClose CommentsPermalink





(D) whose visa has been revoked.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Inclusion of Information in the National Crime Information Center Database- Section 534(a) of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking `and' at the end;CommentsClose CommentsPermalink





(2) by redesignating paragraph (4) as paragraph (5); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink





`(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States; and'.CommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink

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-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall construct or acquire, in addition to existing facilities for the detention of aliens, at least 20 detention facilities in the United States that have the capacity to detain a combined total of not less than 20,000 individuals at any time for aliens detained pending removal or a decision on removal of such aliens from the United States subject to available appropriations.CommentsClose CommentsPermalink





(b) Construction of or Acquisition of Detention Facilities-CommentsClose CommentsPermalink





(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(a) of the Intelligence Reform and Terrorism Protection Act of 2004, as amended by subsection (a), subject to available appropriations.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) 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.CommentsClose CommentsPermalink





(d) 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'.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(2)(A) if the defendant is determined to be an alien lawfully present in the United States, shall notify the court in writing of the determination and the current status of the alien under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); andCommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Responsibilities of Federal Courts-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) recommendations on whether additional court resources are needed to accommodate the volume of criminal cases brought against aliens in the Federal courts.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There are authorized to be appropriated for each of the fiscal years 2008 through 2012, such sums as may be necessary to carry out this Act. Funds appropriated pursuant to this subsection in any fiscal year shall remain available until expended.CommentsClose CommentsPermalink

SEC. 235. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.

Not later than 60 days after the date of enactment of this Act, the Attorney General shall issue a directive to expand the Justice Prisoner and Alien Transfer System to provide additional services with respect to aliens who are illegally present in the United States. Such expansion should include--CommentsClose CommentsPermalink





(1) increasing the daily operations of such System with buses and air hubs in 3 geographic regions;CommentsClose CommentsPermalink





(2) allocating a set number of seats for such aliens for each metropolitan area;CommentsClose CommentsPermalink





(3) allowing metropolitan areas to trade or give some of seats allocated to them under the System for such aliens to other areas in their region based on the transportation needs of each area; andCommentsClose CommentsPermalink





(4) requiring an annual report that analyzes of the number of seats that each metropolitan area is allocated under this System for such aliens and modifies such allocation if necessary.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

`(a) Making Employment of Unauthorized Aliens Unlawful-CommentsClose CommentsPermalink





`(1) IN GENERAL- It is unlawful for an employer--CommentsClose CommentsPermalink





`(A) to hire, or to recruit or refer for a fee, an alien for employment in the United States knowing, or with reckless disregard, that the alien is an unauthorized alien with respect to such employment; orCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) USE OF LABOR THROUGH CONTRACT-CommentsClose CommentsPermalink





`(A) IN GENERAL- An employer who uses a contract, subcontract, or exchange to obtain the labor of an alien in the United States knowing, or with reckless disregard--CommentsClose CommentsPermalink





`(i) that the alien is an unauthorized alien with respect to performing such labor, shall be considered to have hired the alien in violation of paragraph (1)(A); orCommentsClose CommentsPermalink





`(ii) that the person hiring such alien failed to comply with the requirements of subsections (c) and (d) shall be considered to have hired the alien in violation of paragraph (1)(B).CommentsClose CommentsPermalink





`(B) INFORMATION SHARING- The person hiring the alien shall provide to the employer, who obtains the labor of the alien, the employer identification number assigned to such person by the Commissioner of Internal Revenue. Failure to provide such number shall be considered a recordkeeping violation under subsection (e)(4)(B).CommentsClose CommentsPermalink





`(C) REPORTING REQUIREMENT- The employer shall submit to the Electronic Verification System established under subsection (d), in a manner prescribed by the Secretary, the employer identification number provided by the person hiring the alien. Failure to submit such number shall be considered a recordkeeping violation under subsection (e)(4)(B).CommentsClose CommentsPermalink





`(D) ENFORCEMENT- The Secretary shall implement procedures to utilize the information obtained under subparagraphs (B) and (C) to identify employers who use a contract, subcontract, or exchange to obtain the labor of an alien from another person, where such person hiring such alien fails to comply with the requirements of subsections (c) and (d).CommentsClose CommentsPermalink





`(4) DEFENSE-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) EXCEPTION- Until the date that an employer is required to participate in the Electronic Employment Verification System under subsection (d) or is participating in such System on a voluntary basis, the employer may establish an affirmative defense under subparagraph (A) by complying with the requirements of subsection (c).CommentsClose CommentsPermalink





`(b) Order of Internal Review and Certification of Compliance-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) CONTENT OF CERTIFICATION- Not later than 60 days after the date an employer receives a request for a certification under paragraph (1) the employer shall certify under penalty of perjury that--CommentsClose CommentsPermalink





`(A) the employer is in compliance with the requirements of subsections (c) and (d); orCommentsClose CommentsPermalink





`(B) that the employer has instituted a program to come into compliance with such requirements.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) PUBLICATION- The Secretary is authorized to publish in the Federal Register standards or methods for certification under paragraph (1) and for specific recordkeeping practices with respect to such certification, and procedures for the audit of any records related to such certification.CommentsClose CommentsPermalink





`(c) Document Verification Requirements- An employer hiring, or recruiting or referring for a fee, an individual for employment in the United States shall verify that the individual is eligible for such employment by meeting the following requirements:CommentsClose CommentsPermalink





`(1) ATTESTATION BY EMPLOYER-CommentsClose CommentsPermalink





`(A) REQUIREMENTS-CommentsClose CommentsPermalink





`(i) IN GENERAL- The employer shall attest, under penalty of perjury and on a form prescribed by the Secretary, that the employer has verified the identity and eligibility for employment of the individual by examining a document described in subparagraph (B).CommentsClose CommentsPermalink





`(ii) SIGNATURE REQUIREMENTS- An attestation required by clause (i) may be manifested by a handwritten or electronic signature.CommentsClose CommentsPermalink





`(iii) STANDARDS FOR EXAMINATION- The employer has complied with the requirement of this paragraph with respect to examination of documentation if a reasonable person would conclude that the document examined is genuine and relates to the individual whose identity and eligibility for employment in the United States is being verified. If the individual provides a document sufficient to meet the requirements of this paragraph, nothing in this paragraph shall be construed as requiring an employer to solicit any other document or as requiring the individual to produce any other document.CommentsClose CommentsPermalink





`(B) IDENTIFICATION DOCUMENTS- A document described in this subparagraph is--CommentsClose CommentsPermalink





`(i) in the case of an individual who is a national of the United States--CommentsClose CommentsPermalink





`(I) a United States passport; orCommentsClose CommentsPermalink





`(II) a driver's license or identity card issued by a State, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States that satisfies the requirements of division B of Public Law 109-13 (119 Stat. 302);CommentsClose CommentsPermalink





`(ii) in the case of an alien lawfully admitted for permanent residence in the United States, a permanent resident card, as specified by the Secretary;CommentsClose CommentsPermalink





`(iii) in the case of an alien who is authorized under this Act or by the Secretary to be employed in the United States, an employment authorization card, as specified by the Secretary that--CommentsClose CommentsPermalink





`(I) contains a photograph of the individual or other identifying information, including name, date of birth, gender, and address; andCommentsClose CommentsPermalink





`(II) contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use;CommentsClose CommentsPermalink





`(iv) in the case of an individual who is unable to obtain a document described in clause (i), (ii), or (iii), a document designated by the Secretary that--CommentsClose CommentsPermalink





`(I) contains a photograph of the individual or other identifying information, including name, date of birth, gender, and address; andCommentsClose CommentsPermalink





`(II) contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use; orCommentsClose CommentsPermalink





`(v) until the date that an employer is required to participate in the Electronic Employment Verification System under subsection (d) or is participating in such System on a voluntary basis, a document, or a combination of documents, of such type that, as of the date of the enactment of the Comprehensive Immigration Reform Act of 2007, the Secretary had established by regulation were sufficient for purposes of this section.CommentsClose CommentsPermalink





`(C) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCUMENTS-CommentsClose CommentsPermalink





`(i) AUTHORITY- If the Secretary finds that a document or class of documents described in subparagraph (B) is not reliable to establish identity or is being used fraudulently to an unacceptable degree, the Secretary shall prohibit, or impose conditions, on the use of such document or class of documents for purposes of this subsection.CommentsClose CommentsPermalink





`(ii) REQUIREMENT FOR PUBLICATION- The Secretary shall publish notice of any findings under clause (i) in the Federal Register.CommentsClose CommentsPermalink





`(2) ATTESTATION OF EMPLOYEE-CommentsClose CommentsPermalink





`(A) REQUIREMENTS-CommentsClose CommentsPermalink





`(i) IN GENERAL- The individual shall attest, under penalty of perjury on the form described in paragraph (1)(A)(i), that the individual is a national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary to be hired, or to be recruited or referred for a fee, in the United States.CommentsClose CommentsPermalink





`(ii) SIGNATURE FOR EXAMINATION- An attestation required by clause (i) may be manifested by a handwritten or electronic signature.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) RETENTION OF ATTESTATION- The employer shall retain a paper, microfiche, microfilm, or electronic version of the attestations made under paragraph (1) and (2) and make such attestations available for inspection by an officer of the Department of Homeland Security, any other person designated by the Secretary, the Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice, or the Secretary of Labor during a period beginning on the date of the hiring, or recruiting or referring for a fee, of the individual and ending--CommentsClose CommentsPermalink





`(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, 5 years after the date of the recruiting or referral; orCommentsClose CommentsPermalink





`(B) in the case of the hiring of an individual the later of--CommentsClose CommentsPermalink





`(i) 5 years after the date of such hiring;CommentsClose CommentsPermalink





`(ii) 1 year after the date the individual's employment is terminated; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) DOCUMENT RETENTION AND RECORDKEEPING REQUIREMENTS-CommentsClose CommentsPermalink





`(A) RETENTION OF DOCUMENTS- Notwithstanding any other provision of law, an employer shall retain, for the applicable period described in paragraph (3), the following documents:CommentsClose CommentsPermalink





`(i) IN GENERAL- The employer shall copy all documents presented by an individual described in paragraph (1)(B) and shall retain paper, microfiche, microfilm, or electronic copies of such documents. Such copies shall be designated as copied documents.CommentsClose CommentsPermalink





`(ii) OTHER DOCUMENTS- The employer shall maintain records of any action taken and copies of any correspondence written or received with respect to the verification of an individual's identity or eligibility for employment in the United States.CommentsClose CommentsPermalink





`(B) USE OF RETAINED DOCUMENTS- An employer shall use copies retained under clause (i) or (ii) of subparagraph (A) only for the purposes of complying with the requirements of this subsection, except as otherwise permitted under law.CommentsClose CommentsPermalink





`(5) PENALTIES- An employer that fails to comply with the recordkeeping requirements of this subsection shall be subject to the penalties described in subsection (e)(4)(B).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) Electronic Employment Verification System-CommentsClose CommentsPermalink





`(1) REQUIREMENT FOR SYSTEM- The Secretary, in cooperation with the Commissioner of Social Security, shall implement an Electronic Employment Verification System (referred to in this subsection as the `System') to determine whether--CommentsClose CommentsPermalink





`(A) the identifying information submitted by an individual is consistent with the information maintained by the Secretary or the Commissioner of Social Security; andCommentsClose CommentsPermalink





`(B) such individual is eligible for employment in the United States.CommentsClose CommentsPermalink





`(2) REQUIREMENT FOR PARTICIPATION- The Secretary shall require all employers in the United States to participate in the System, with respect to all employees hired by the employer on or after the date that is 18 months after the date that not less than $400,000,000 have been appropriated and made available to implement this subsection.CommentsClose CommentsPermalink





`(3) OTHER PARTICIPATION IN SYSTEM- Notwithstanding paragraph (2), the Secretary has the authority--CommentsClose CommentsPermalink





`(A) to permit any employer that is not required to participate in the System under paragraph (2) to participate in the System on a voluntary basis; andCommentsClose CommentsPermalink





`(B) to require any employer or class of employers to participate on a priority basis in the System with respect to individuals employed as of, or hired after, the date of enactment of the Comprehensive Immigration Reform Act of 2007--CommentsClose CommentsPermalink





`(i) if the Secretary designates such employer or class of employers as a critical employer based on an assessment of homeland security or national security needs; orCommentsClose CommentsPermalink





`(ii) if the Secretary has reasonable cause to believe that the employer has engaged in material violations of paragraph (1), (2), or (3) of subsection (a).CommentsClose CommentsPermalink





`(4) REQUIREMENT TO NOTIFY- The Secretary shall notify the employer or class of employers in writing regarding the requirement for participation in the System under paragraph (3)(B) not less than 60 days prior to the effective date of such requirement. Such notice shall include the training materials described in paragraph (8)(E)(v).CommentsClose CommentsPermalink





`(5) REGISTRATION OF EMPLOYERS- An employer shall register the employer's participation in the System in the manner prescribed by the Secretary prior to the date the employer is required or permitted to submit information with respect to an employee under this subsection.CommentsClose CommentsPermalink





`(6) ADDITIONAL GUIDANCE- A registered employer shall be permitted to utilize any technology that is consistent with this section and with any regulation or guidance from the Secretary to streamline the procedures to facilitate compliance with--CommentsClose CommentsPermalink





`(A) the attestation requirement in subsection (c); andCommentsClose CommentsPermalink





`(B) the employment eligibility verification requirements in this subsection.CommentsClose CommentsPermalink





`(7) CONSEQUENCE OF FAILURE TO PARTICIPATE- If an employer is required to participate in the System and fails to comply with the requirements of the System with respect to an employee--CommentsClose CommentsPermalink





`(A) such failure shall be treated as a violation of subsection (a)(1)(B); andCommentsClose CommentsPermalink





`(B) a rebuttable presumption is created that the employer has violated subsection (a)(1)(A), however, such presumption may not apply to a prosecution under subsection (f)(1).CommentsClose CommentsPermalink





`(8) DESIGN AND OPERATION OF SYSTEM-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary shall, through the System--CommentsClose CommentsPermalink





`(i) respond to each inquiry made by a registered employer through the Internet or other electronic media, or over a toll-free telephone line regarding an individual's identity and eligibility for employment in the United States; andCommentsClose CommentsPermalink





`(ii) maintain a record of each such inquiry and the information provided in response to such inquiry.CommentsClose CommentsPermalink





`(B) INITIAL INQUIRY-CommentsClose CommentsPermalink





`(i) INFORMATION REQUIRED- A registered employer shall, with respect to the hiring, or recruiting or referring for a fee, any individual for employment in the United States, obtain from the individual and record on the form described in subsection (c)(1)(A)(i)--CommentsClose CommentsPermalink





`(I) the individual's name and date of birth and, if the individual was born in the United States, the State in which such individual was born;CommentsClose CommentsPermalink





`(II) the individual's social security account number;CommentsClose CommentsPermalink





`(III) the employment identification number of the individual's employer during any one of the 5 most recently completed calendar years; andCommentsClose CommentsPermalink





`(IV) in the case of an individual who does not attest that the individual is a national of the United States under subsection (c)(1)(A)(i), such alien identification or authorization number that the Secretary shall require.CommentsClose CommentsPermalink





`(ii) SUBMISSION TO SYSTEM- A registered employer shall submit an inquiry through the System to seek confirmation of the individual's identity and eligibility for employment in the United States--CommentsClose CommentsPermalink





`(I) not later than 3 days after the date of the hiring, or recruiting or referring for a fee, of the individual (as the case may be); orCommentsClose CommentsPermalink





`(II) in the case of an employee hired by a critical employer designated by the Secretary under paragraph (3)(B) at such time as the Secretary shall specify.CommentsClose CommentsPermalink





`(iii) EMPLOYER IDENTIFICATION NUMBER REQUIREMENTS-CommentsClose CommentsPermalink





`(I) REQUIREMENT TO PROVIDE- An employer shall provide the employer identification number issued to such employer to the individual, upon request, for purposes of providing the information under clause (i)(III).CommentsClose CommentsPermalink





`(II) REQUIREMENT TO AFFIRMATIVELY STATE A LACK OF RECENT EMPLOYMENT- An individual providing information under clause (i)(III) who was not employed in the United States during any of the 5 most recently completed calendar years shall affirmatively state on the form described in subsection (c)(1)(A)(i) that no employer identification number is provided because the individual was not employed in the United States during such period.CommentsClose CommentsPermalink





`(C) INITIAL RESPONSE- Not later than 10 days after an employer submits an inquiry to the System regarding an individual, the Secretary shall provide, through the System, to the employer--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(ii) if the System is unable to confirm the individual's identity or eligibility for employment in the United States, and after a secondary manual verification has been conducted, a tentative nonconfirmation notice, including the appropriate codes on such tentative nonconfirmation notice.CommentsClose CommentsPermalink





`(D) CONFIRMATION OR NONCONFIRMATION-CommentsClose CommentsPermalink





`(i) CONFIRMATION UPON INITIAL INQUIRY- If an employer receives a confirmation notice under paragraph (C)(i) for an individual, the employer shall record, on the form described in subsection (c)(1)(A)(i), the appropriate code provided in such notice.CommentsClose CommentsPermalink





`(ii) TENTATIVE NONCONFIRMATION- If an employer receives a tentative nonconfirmation notice under paragraph (C)(ii) for an individual, the employer shall inform such individual of the issuance of such notice in writing, on a form prescribed by the Secretary not later than 3 days after receiving such notice. Such individual shall acknowledge receipt of such notice in writing on the form described in subsection (c)(1)(A)(i).CommentsClose CommentsPermalink





`(iii) NO CONTEST- If the individual does not contest the tentative nonconfirmation notice within 10 days of receiving notice from the individual's employer, the notice shall become final and the employer shall record on the form described in subsection (1)(A)(i), the appropriate code provided through the System to indicate the individual did not contest the tentative nonconfirmation. An individual's failure to contest a tentative nonconfirmation shall not be considered an admission of guilt with respect to any violation of this Act or any other provision of law.CommentsClose CommentsPermalink





`(iv) CONTEST- If the individual contests the tentative nonconfirmation notice, the individual shall submit appropriate information to contest such notice under the procedures established in subparagraph (E)(iii) not later than 10 days after receiving the notice from the individual's employer.CommentsClose CommentsPermalink





`(v) EFFECTIVE PERIOD OF TENTATIVE NONCONFIRMATION NOTICE- A tentative nonconfirmation notice shall remain in effect until such notice becomes final under clause (iii), or the earlier of--CommentsClose CommentsPermalink





`(I) a final confirmation notice or final nonconfirmation notice is issued through the System; orCommentsClose CommentsPermalink





`(II) 30 days after the individual contests a tentative nonconfirmation under clause (iv).CommentsClose CommentsPermalink





`(vi) AUTOMATIC FINAL NOTICE-CommentsClose CommentsPermalink





`(I) IN GENERAL- If a final notice is not issued within the 30-day period described in clause (v)(II), the Secretary shall automatically provide to the employer, through the System, the appropriate code indicating a final notice.CommentsClose CommentsPermalink





`(II) PERIOD PRIOR TO INITIAL CERTIFICATION- During the period beginning on the date of the enactment of the Comprehensive Immigration Reform Act of 2007 and ending on the date the Secretary submits the initial report described in subparagraph (E)(ii), an automatic notice issued under subclause (I) shall be a final confirmation notice.CommentsClose CommentsPermalink





`(III) PERIOD AFTER INITIAL CERTIFICATION- After the date that the Secretary submits the initial report described in subparagraph (E)(ii), an automatic notice issued under subclause (I) shall be a final confirmation notice unless the most recent such report includes a certification that the System is able to correctly issue, within the period beginning on the date an employer submits an inquiry to the System and ending on the date an automatic default notice would be issued by the System, a final notice in at least 99 percent of the cases in which the notice relates to an individual who is eligible for employment in the United States. If the most recent such report includes such a certification, the automatic notice issued under subclause (I) shall be a final nonconfirmation notice.CommentsClose CommentsPermalink





`(IV) ADDITIONAL AUTHORITY- Notwithstanding the second sentence of subclause (III), the Secretary shall have the authority to issue a final confirmation notice for an individual who would be subject to a final nonconfirmation notice under such sentence. In such a case, the Secretary shall determine the individual's eligibility for employment in the United States and record the results of such determination in the System within 12 months.CommentsClose CommentsPermalink





`(vii) EFFECTIVE PERIOD OF FINAL NOTICE- A final confirmation notice issued under this paragraph for an individual shall remain in effect--CommentsClose CommentsPermalink





`(I) during any continuous period of employment of such individual by such employer, unless the Secretary determines the final confirmation was the result of identity fraud; orCommentsClose CommentsPermalink





`(II) in the case of an alien authorized to be employed in the United States for a temporary period, during such period.CommentsClose CommentsPermalink





`(viii) 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 (iii) or a final nonconfirmation notice is issued for the individual by the System. Nothing in this clause shall prohibit the termination of employment for any reason other than such tentative nonconfirmation.CommentsClose CommentsPermalink





`(ix) RECORDING OF CONTEST RESOLUTION- The employer shall record on the form described in subsection (c)(1)(A)(i) the appropriate code that is provided through the System to indicate a final confirmation notice or final nonconfirmation notice.CommentsClose CommentsPermalink





`(x) CONSEQUENCES OF NONCONFIRMATION- 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 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).CommentsClose CommentsPermalink





`(E) RESPONSIBILITIES OF THE SECRETARY-CommentsClose CommentsPermalink





`(i) IN GENERAL- The Secretary shall establish a reliable, secure method to provide through the System, within the time periods required by this subsection--CommentsClose CommentsPermalink





`(I) a determination of whether the name and alien identification or authorization number provided in an inquiry by an employer is consistent with such information maintained by the Secretary in order to confirm the validity of the information provided; andCommentsClose CommentsPermalink





`(II) a determination of whether the individual is authorized to be employed in the United States.CommentsClose CommentsPermalink





`(ii) ANNUAL REPORT AND CERTIFICATION- Not later than the date that is 24 months after the date that not less than $400,000,000 have been appropriated and made available to the Secretary to implement this subsection, and annually thereafter, the Secretary shall submit to Congress a report that includes--CommentsClose CommentsPermalink





`(I) an assessment of whether the System is able to correctly issue, within the period described in subparagraph (D)(v)(II), a final notice in at least 99 percent of the cases in which the final notice relates to an individual who is eligible for employment in the United States (excluding an individual who fails to contest a tentative nonconfirmation notice); andCommentsClose CommentsPermalink





`(II) if the assessment under subclause (I) is that the System is able to correctly issue within the specified time period a final notice in at least 99 percent of the cases described in such subclause, a certification of such assessment.CommentsClose CommentsPermalink





`(iii) CONTEST AND SELF-VERIFICATION- The Secretary in consultation with the Commissioner of Social Security, shall establish procedures to permit an individual who contests a tentative or final nonconfirmation notice, or seeks to verify the individual's own employment eligibility prior to obtaining or changing employment, to contact the appropriate agency and, in a timely manner, correct or update the information used by the System.CommentsClose CommentsPermalink





`(iv) INFORMATION TO EMPLOYEE- The Secretary shall develop a written form for employers to provide to individuals who receive a tentative or final nonconfirmation notice. Such form shall be made available in a language other than English, as necessary and reasonable, and shall include--CommentsClose CommentsPermalink





`(I) information about the reason for such notice;CommentsClose CommentsPermalink





`(II) the right to contest such notice;CommentsClose CommentsPermalink





`(III) contact information for the appropriate agency and instructions for initiating such contest; andCommentsClose CommentsPermalink





`(IV) a 24-hour toll-free telephone number to respond to inquiries related to such notice.CommentsClose CommentsPermalink





`(v) TRAINING MATERIALS- The Secretary shall make available or provide to the employer, upon request, not later than 60 days prior to such employer's participation in the System, appropriate training materials to facilitate compliance with this subsection, and sections 274B(a)(7) and 274C(a).CommentsClose CommentsPermalink





`(F) RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL SECURITY- The responsibilities of the Commissioner of Social Security with respect to the System are set out in section 205(c)(2) of the Social Security Act.CommentsClose CommentsPermalink





`(9) PROTECTION FROM LIABILITY- No employer that participates in the System shall be liable under any law for any employment-related action taken with respect to an individual in good faith reliance on information provided by the System.CommentsClose CommentsPermalink





`(10) ADMINISTRATIVE REVIEW-CommentsClose CommentsPermalink





`(A) IN GENERAL- An individual who is terminated from employment as a result of a final nonconfirmation notice may, not later than 60 days after the date of such termination, file an appeal of such notice.CommentsClose CommentsPermalink





`(B) PROCEDURES- The Secretary and Commissioner of Social Security shall develop procedures to review appeals filed under subparagraph (A) and to make final determinations on such appeals.CommentsClose CommentsPermalink





`(C) REVIEW FOR ERRORS- If a final determination on an appeal filed under subparagraph (A) results in a confirmation of an individual's eligibility to work in the United States, the administrative review process shall require the Secretary to determine if the final nonconfirmation notice issued for the individual was the result of--CommentsClose CommentsPermalink





`(i) an error or negligence on the part of an employee or official operating or responsible for the System;CommentsClose CommentsPermalink





`(ii) the decision rules, processes, or procedures utilized by the System; orCommentsClose CommentsPermalink





`(iii) erroneous system information that was not the result of acts or omissions of the individual.CommentsClose CommentsPermalink





`(D) COMPENSATION FOR ERROR-CommentsClose CommentsPermalink





`(i) IN GENERAL- If the Secretary makes a determination under subparagraph (C) that the final nonconfirmation notice issued for an individual was not caused by an act or omission of the individual, the Secretary shall compensate the individual for lost wages.CommentsClose CommentsPermalink





`(ii) CALCULATION OF LOST WAGES- Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the administrative review process described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first.CommentsClose CommentsPermalink





`(E) LIMITATION ON COMPENSATION- For purposes of determining an individual's compensation for the loss of employment, such compensation shall not include any period in which the individual was ineligible for employment in the United States.CommentsClose CommentsPermalink





`(F) SOURCE OF FUNDS- Compensation or reimbursement provided under this paragraph shall not be provided from funds appropriated in annual appropriations Acts to the Secretary for the Department of Homeland Security.CommentsClose CommentsPermalink





`(11) JUDICIAL REVIEW-CommentsClose CommentsPermalink





`(A) IN GENERAL- After the Secretary makes a final determination on an appeal filed by an individual under the administrative review process described in paragraph (10), the individual may obtain judicial review of such determination by a civil action commenced not later than 60 days after the date of such decision, or such further time as the Secretary may allow.CommentsClose CommentsPermalink





`(B) JURISDICTION- A civil action for such judicial review shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has a principal place of business, or, if the plaintiff does not reside or have a principal place of business within any such judicial district, in the District Court of the United States for the District of Columbia.CommentsClose CommentsPermalink





`(C) ANSWER- As part of the Secretary's answer to a complaint for such judicial review, the Secretary shall file a certified copy of the administrative record compiled during the administrative review under paragraph (10), including the evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming or reversing the result of that administrative review, with or without remanding the cause for a rehearing.CommentsClose CommentsPermalink





`(D) COMPENSATION FOR ERROR-CommentsClose CommentsPermalink





`(i) IN GENERAL- In cases in which such judicial review reverses the final determination of the Secretary made under paragraph (10), the court shall compensate the individual for lost wages.CommentsClose CommentsPermalink





`(ii) CALCULATION OF LOST WAGES- Lost wages shall be calculated based on the wage rate and work scheduled that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the judicial review described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first.CommentsClose CommentsPermalink





`(12) LIMITATION ON COLLECTION AND USE OF DATA-CommentsClose CommentsPermalink





`(A) LIMITATION ON COLLECTION OF DATA-CommentsClose CommentsPermalink





`(i) IN GENERAL- The System shall collect and maintain only the minimum data necessary to facilitate the successful operation of the System, and in no case shall the data be other than--CommentsClose CommentsPermalink





`(I) information necessary to register employers under paragraph (5);CommentsClose CommentsPermalink





`(II) information necessary to initiate and respond to inquiries or contests under paragraph (8);CommentsClose CommentsPermalink





`(III) information necessary to establish and enforce compliance with paragraphs (5) and (8);CommentsClose CommentsPermalink





`(IV) information necessary to detect and prevent employment related identity fraud; andCommentsClose CommentsPermalink





`(V) such other information the Secretary determines is necessary, subject to a 180 day notice and comment period in the Federal Register.CommentsClose CommentsPermalink





`(ii) PENALTIES- Any officer, employee, or contractor who willfully and knowingly collects and maintains data in the System other than data described in clause (i) shall be guilty of a misdemeanor and fined not more than $1,000 for each violation.CommentsClose CommentsPermalink





`(B) LIMITATION ON USE OF DATA- Whoever willfully and knowingly accesses, discloses, or uses any information obtained or maintained by the System--CommentsClose CommentsPermalink





`(i) for the purpose of committing identity fraud, or assisting another person in committing identity fraud, as defined in section 1028 of title 18, United States Code;CommentsClose CommentsPermalink





`(ii) for the purpose of unlawfully obtaining employment in the United States or unlawfully obtaining employment in the United States for any other person; orCommentsClose CommentsPermalink





`(iii) for any purpose other than as provided for under any provision of law;CommentsClose CommentsPermalink





shall be guilty of a felony and upon conviction shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both.CommentsClose CommentsPermalink





`(C) EXCEPTIONS- Nothing in subparagraph (A) or (B) may be construed to limit the collection, maintenance, or use of data by the Commissioner of Internal Revenue or the Commissioner of Social Security as provided by law.CommentsClose CommentsPermalink





`(13) MODIFICATION AUTHORITY- The Secretary, after notice is submitted to Congress and provided to the public in the Federal Register, is authorized to modify the requirements of this subsection with respect to completion of forms, method of storage, attestations, copying of documents, signatures, methods of transmitting information, and other operational and technical aspects to improve the efficiency, accuracy, and security of the System.CommentsClose CommentsPermalink





`(14) ANNUAL GAO STUDY AND REPORT-CommentsClose CommentsPermalink





`(A) REQUIREMENT- The Comptroller General of the United States shall conduct an annual study of the System.CommentsClose CommentsPermalink





`(B) PURPOSE- The study shall evaluate the accuracy, efficiency, integrity, and impact of the System.CommentsClose CommentsPermalink





`(C) REPORT- Not later than the date that is 24 months after the date that not less than $400,000,000 have been appropriated and made available to the Secretary to implement this subsection, and annually thereafter, the Comptroller General shall submit to Congress a report containing the findings of the study carried out under this paragraph. Each such report shall include, at a minimum, the following:CommentsClose CommentsPermalink





`(i) An assessment of the annual report and certification described in paragraph (8)(E)(ii).CommentsClose CommentsPermalink





`(ii) An assessment of System performance with respect to the rate at which individuals who are eligible for employment in the United States are correctly approved within each of the periods specified in paragraph (8), including a separate assessment of such rate for nationals and aliens.CommentsClose CommentsPermalink





`(iii) An assessment of the privacy and security of the System and its effects on identity fraud or the misuse of personal data.CommentsClose CommentsPermalink





`(iv) An assessment of the effects of the System on the employment of unauthorized aliens.CommentsClose CommentsPermalink





`(v) An assessment of the effects of the System, including the effects of tentative confirmations, on unfair immigration-related employment practices and employment discrimination based on national origin or citizenship status.CommentsClose CommentsPermalink





`(vi) An assessment of whether the Secretary and the Commissioner of Social Security have adequate resources to carry out the duties and responsibilities of this section.CommentsClose CommentsPermalink





`(e) Compliance-CommentsClose CommentsPermalink





`(1) COMPLAINTS AND INVESTIGATIONS- The Secretary shall establish procedures--CommentsClose CommentsPermalink





`(A) for individuals and entities to file complaints regarding potential violations of subsection (a);CommentsClose CommentsPermalink





`(B) for the investigation of such complaints that the Secretary determines are appropriate to investigate; andCommentsClose CommentsPermalink





`(C) for the investigation of other violations of subsection (a) that the Secretary determines is appropriate.CommentsClose CommentsPermalink





`(2) AUTHORITY IN INVESTIGATIONS-CommentsClose CommentsPermalink





`(A) IN GENERAL- In conducting investigations and hearings under this subsection, officers and employees of the Department of Homeland Security--CommentsClose CommentsPermalink





`(i) shall have reasonable access to examine evidence regarding any employer being investigated; andCommentsClose CommentsPermalink





`(ii) if designated by the Secretary, may compel by subpoena the attendance of witnesses and the production of evidence at any designated place in an investigation or case under this subsection.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(C) DEPARTMENT OF LABOR- The Secretary of Labor shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to ensure compliance with the provisions of this section.CommentsClose CommentsPermalink





`(3) COMPLIANCE PROCEDURES-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) describe the violation;CommentsClose CommentsPermalink





`(ii) specify the laws and regulations allegedly violated;CommentsClose CommentsPermalink





`(iii) specify the amount of fines or other penalties to be imposed;CommentsClose CommentsPermalink





`(iv) disclose the material facts which establish the alleged violation; andCommentsClose CommentsPermalink





`(v) inform such employer that the employer shall have a reasonable opportunity to make representations as to why a claim for a monetary or other penalty should not be imposed.CommentsClose CommentsPermalink





`(B) REMISSION OR MITIGATION OF PENALTIES-CommentsClose CommentsPermalink





`(i) REVIEW BY SECRETARY- If the Secretary determines that such fine or other penalty was incurred erroneously, or determines the existence of such mitigating circumstances as to justify the remission or mitigation of such fine or penalty, the Secretary may remit or mitigate such fine or other penalty on the terms and conditions as the Secretary determines are reasonable and just, or order termination of any proceedings related to the notice.CommentsClose CommentsPermalink





`(ii) APPLICABILITY- This subparagraph may not apply to an employer that has or is engaged in a pattern or practice of violations of paragraph (1), (2), or (3) of subsection (a) or of any other requirements of this section.CommentsClose CommentsPermalink





`(C) PENALTY CLAIM- After considering evidence and representations offered by the employer, the Secretary shall determine whether there was a violation and promptly issue a written final determination setting forth the findings of fact and conclusions of law on which the determination is based and the appropriate penalty.CommentsClose CommentsPermalink





`(4) CIVIL PENALTIES-CommentsClose CommentsPermalink





`(A) HIRING OR CONTINUING TO EMPLOY UNAUTHORIZED ALIENS- Any employer that violates any provision of paragraph (1), (2), or (3) of subsection (a) shall pay civil penalties as follows:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(ii) If the employer has previously been fined 1 time during the 12-month 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.CommentsClose CommentsPermalink





`(iii) If the employer has previously been fined more than 1 time during the 24-month 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.CommentsClose CommentsPermalink





`(B) RECORDKEEPING OR VERIFICATION PRACTICES- Any employer that violates or fails to comply with the recordkeeping requirements of subsections (a), (c), and (d), shall pay a civil penalty as follows:CommentsClose CommentsPermalink





`(i) Pay a civil penalty of not less than $200 and not more than $2,000 for each such violation.CommentsClose CommentsPermalink





`(ii) If the employer has previously been fined 1 time during the 12-month 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.CommentsClose CommentsPermalink





`(iii) If the employer has previously been fined more than 1 time during the 24-month 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 not less than $600 and not more than $6,000 for each such violation.CommentsClose CommentsPermalink





`(C) OTHER PENALTIES- Notwithstanding subparagraphs (A) and (B), the Secretary may impose additional penalties for violations, including violations of cease and desist orders, specially designed compliance plans to prevent further violations, suspended fines to take effect in the event of a further violation, and in appropriate cases, the criminal penalty described in subsection (f).CommentsClose CommentsPermalink





`(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. 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.CommentsClose CommentsPermalink





`(6) ENFORCEMENT OF ORDERS- If an employer fails to comply with a final determination issued against that employer under this subsection, and the final determination is not subject to review as provided in paragraph (5), the Attorney General may file suit to enforce compliance with the final determination, not earlier than 46 days and not later than 180 days after the date the final determination is issued, in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final determination shall not be subject to review.CommentsClose CommentsPermalink





`(7) RECOVERY OF COSTS AND ATTORNEY'S FEES- In any appeal brought under paragraph (5) or suit brought under paragraph (6) of this section the employer shall be entitled to recover from the Secretary reasonable costs and attorney's fees if such employer substantially prevails on the merits of the case. Such an award of attorney's fees may not exceed $25,000. Any such costs and attorney's fees assessed against the Secretary shall be charged against the operating expenses of the Department for the fiscal year in which the assessment is made, and may not be reimbursed from any other source.CommentsClose CommentsPermalink





`(f) Criminal Penalties and Injunctions for Pattern or Practice Violations-CommentsClose CommentsPermalink





`(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 3 years for the entire pattern or practice, or both.CommentsClose CommentsPermalink





`(2) ENJOINING OF PATTERN OR PRACTICE VIOLATIONS- If the Secretary or the Attorney General has reasonable cause to believe that an employer is engaged in a pattern or practice of employment, recruitment, or referral in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney General may bring a civil action in the appropriate district court of the United States requesting a permanent or temporary injunction, restraining order, or other order against the employer, as the Secretary deems necessary.CommentsClose CommentsPermalink





`(g) Adjustment for Inflation- All penalties and limitations on the recovery of costs and attorney's fees in this section shall be increased every 4 years beginning January 2010 to reflect the percentage increase in the consumer price index for all urban consumers (all items; U.S. city average) for the 48-month period ending with September of the year preceding the year such adjustment is made. Any adjustment under this subparagraph shall be rounded to the nearest dollar.CommentsClose CommentsPermalink





`(h) Prohibition of Indemnity Bonds-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(i) Prohibition on Award of Government Contracts, Grants, and Agreements-CommentsClose CommentsPermalink





`(1) EMPLOYERS WITH NO CONTRACTS, GRANTS, OR AGREEMENTS-CommentsClose CommentsPermalink





`(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 5 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 5 years.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) EMPLOYERS WITH CONTRACTS, GRANTS, OR AGREEMENTS-CommentsClose CommentsPermalink





`(A) IN GENERAL- An employer who holds a Federal contract, grant, or cooperative agreement and is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, shall be debarred from the receipt of new Federal contracts, grants, or cooperative agreements for a period of 5 years.CommentsClose CommentsPermalink





`(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 5 years.CommentsClose CommentsPermalink





`(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 5 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 alternate action under this subparagraph shall not be judicially reviewed.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(j) Miscellaneous Provisions-CommentsClose CommentsPermalink





`(1) DOCUMENTATION- In providing documentation or endorsement of authorization of aliens eligible to be employed in the United States, the Secretary shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement (other than aliens lawfully admitted for permanent residence).CommentsClose CommentsPermalink





`(2) PREEMPTION- The provisions of this section preempt any State or local law 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.CommentsClose CommentsPermalink





`(k) 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).CommentsClose CommentsPermalink





`(l) Definitions- In this section:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) SECRETARY- Except as otherwise provided, the term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) an alien lawfully admitted for permanent residence; orCommentsClose CommentsPermalink





`(B) authorized to be so employed by this Act or by the Secretary.'.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) AMENDMENTS-CommentsClose CommentsPermalink





(A) REPEAL OF BASIC PILOT- Sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) are repealed.CommentsClose CommentsPermalink





(B) REPEAL OF REPORTING REQUIREMENTS-CommentsClose CommentsPermalink





(i) REPORT ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK- Subsection (c) of section 290 (8 U.S.C. 1360) is repealed.CommentsClose CommentsPermalink





(ii) REPORT ON FRAUDULENT USE OF SOCIAL SECURITY ACCOUNT NUMBERS- Subsection (b) of section 414 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1360 note) is repealed.CommentsClose CommentsPermalink





(2) CONSTRUCTION- Nothing in this subsection or in subsection (d) of section 274A, as amended by subsection (a), may be construed to limit the authority of the Secretary to allow or continue to allow the participation of employers who participated in the basic pilot program under sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) in the Electronic Employment Verification System established pursuant to such subsection (d).CommentsClose CommentsPermalink





(c) Technical Amendments-CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(2) DOCUMENT REQUIREMENTS- Section 274B (8 U.S.C. 1324b) is amended--CommentsClose CommentsPermalink





(A) in subsections (a)(6) and (g)(2)(B), by striking `274A(b)' and inserting `274A(c) and (d)'; andCommentsClose CommentsPermalink





(B) in subsection (g)(2)(B)(ii), by striking `274A(b)(5)' and inserting `274A(c)'.CommentsClose CommentsPermalink





(d) Amendments to the Social Security Act- Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(I)(i) The Commissioner of Social Security shall, subject to the provisions of section 301(f)(2) of the Comprehensive Immigration Reform Act of 2007, establish a reliable, secure method to provide through the Electronic Employment Verification System established pursuant to subsection (d) of section 274A of the Immigration and Nationality Act (referred to in this subparagraph as the `System'), within the time periods required by paragraph (8) of such subsection--CommentsClose CommentsPermalink





`(I) a determination of whether the name, date of birth, employer identification number, and social security account number of an individual provided in an inquiry made to the System by an employer is consistent with such information maintained by the Commissioner in order to confirm the validity of the information provided;CommentsClose CommentsPermalink





`(II) a determination of the citizenship status associated with such name and social security account number, according to the records maintained by the Commissioner;CommentsClose CommentsPermalink





`(III) a determination of whether the name and number belongs to an individual who is deceased, according to the records maintained by the Commissioner;CommentsClose CommentsPermalink





`(IV) a determination of whether the name and number is blocked in accordance with clause (ii); andCommentsClose CommentsPermalink





`(V) a confirmation notice or a nonconfirmation notice described in such paragraph (8), in a manner that ensures that other information maintained by the Commissioner is not disclosed or released to employers through the System.CommentsClose CommentsPermalink





`(ii) The Commissioner of Social Security shall prevent the fraudulent or other misuse of a social security account number by establishing procedures under which an individual who has been assigned a social security account number may block the use of such number under the System and remove such block.CommentsClose CommentsPermalink





`(J) In assigning social security account numbers to aliens who are authorized to work in the United States under section 218A of the Immigration and Nationality Act, the Commissioner of Social Security shall, to the maximum extent practicable, assign such numbers by employing the enumeration procedure administered jointly by the Commissioner, the Secretary of State, and the Secretary.'.CommentsClose CommentsPermalink





(e) Disclosure of Certain Taxpayer Identity Information-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(21) DISCLOSURE OF CERTAIN TAXPAYER IDENTITY INFORMATION BY SOCIAL SECURITY ADMINISTRATION TO DEPARTMENT OF HOMELAND SECURITY-CommentsClose CommentsPermalink





`(A) IN GENERAL- From taxpayer identity information which has been disclosed to the Social Security Administration and upon written request by the Secretary of Homeland Security, the Commissioner of Social Security shall disclose directly to officers, employees, and contractors of the Department of Homeland Security the following information:CommentsClose CommentsPermalink





`(i) DISCLOSURE OF EMPLOYER NO-MATCH NOTICES- Taxpayer identity information of each person who has filed an information return required by reason of section 6051 during calendar year 2006, 2007, or 2008 which contains--CommentsClose CommentsPermalink





`(I) more than 100 names and taxpayer identifying numbers of employees (within the meaning of such section) that did not match the records maintained by the Commissioner of Social Security, orCommentsClose CommentsPermalink





`(II) more than 10 names of employees (within the meaning of such section) with the same taxpayer identifying number.CommentsClose CommentsPermalink





`(ii) DISCLOSURE OF INFORMATION REGARDING USE OF DUPLICATE EMPLOYEE TAXPAYER IDENTIFYING INFORMATION- Taxpayer identity information of each person who has filed an information return required by reason of section 6051 which the Commissioner of Social Security has reason to believe, based on a comparison with information submitted by the Secretary of Homeland Security, contains evidence of identity fraud due to the multiple use of the same taxpayer identifying number (assigned under section 6109) of an employee (within the meaning of section 6051).CommentsClose CommentsPermalink





`(iii) DISCLOSURE OF INFORMATION REGARDING NONPARTICIPATING EMPLOYERS- Taxpayer identity information of each person who has filed an information return required by reason of section 6051 which the Commissioner of Social Security has reason to believe, based on a comparison with information submitted by the Secretary of Homeland Security, contains evidence of such person's failure to register and participate in the Electronic Employment Verification System authorized under section 274A(d) of the Immigration and Nationality Act (hereafter in this paragraph referred to as the `System').CommentsClose CommentsPermalink





`(iv) DISCLOSURE OF INFORMATION REGARDING NEW EMPLOYEES OF NONPARTICIPATING EMPLOYERS- Taxpayer identity information of all employees (within the meaning of section 6051) hired after the date a person identified in clause (iii) is required to participate in the System under section 274A(d)(2) or section 274A(d)(3)(B) of the Immigration and Nationality Act.CommentsClose CommentsPermalink





`(v) DISCLOSURE OF INFORMATION REGARDING EMPLOYEES OF CERTAIN DESIGNATED EMPLOYERS- Taxpayer identity information of all employees (within the meaning of section 6051) of each person who is required to participate in the System under section 274A(d)(3)(B) of the Immigration and Nationality Act.CommentsClose CommentsPermalink





`(vi) DISCLOSURE OF NEW HIRE TAXPAYER IDENTITY INFORMATION- Taxpayer identity information of each person participating in the System and taxpayer identity information of all employees (within the meaning of section 6051) of such person hired during the period beginning with the later of--CommentsClose CommentsPermalink





`(I) the date such person begins to participate in the System, orCommentsClose CommentsPermalink





`(II) the date of the request immediately preceding the most recent request under this clause,CommentsClose CommentsPermalink





ending with the date of the most recent request under this clause.CommentsClose CommentsPermalink





`(B) RESTRICTION ON DISCLOSURE- The Commissioner of Social Security shall disclose taxpayer identity information under subparagraph (A) only for purposes of, and to the extent necessary in--CommentsClose CommentsPermalink





`(i) establishing and enforcing employer participation in the System,CommentsClose CommentsPermalink





`(ii) carrying out, including through civil administrative and civil judicial proceedings, of sections 212, 217, 235, 237, 238, 274A, 274B, and 274C of the Immigration and Nationality Act, andCommentsClose CommentsPermalink





`(iii) the civil operation of the Alien Terrorist Removal Court.CommentsClose CommentsPermalink





`(C) REIMBURSEMENT- The Commissioner of Social Security shall prescribe a reasonable fee schedule for furnishing taxpayer identity information under this paragraph and collect such fees in advance from the Secretary of Homeland Security.CommentsClose CommentsPermalink





`(D) TERMINATION- This paragraph shall not apply to any request made after the date which is 3 years after the date of the enactment of this paragraph.'.CommentsClose CommentsPermalink





(2) COMPLIANCE BY DHS CONTRACTORS WITH CONFIDENTIALITY SAFEGUARDS-CommentsClose CommentsPermalink





(A) IN GENERAL- Section 6103(p) of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(9) DISCLOSURE TO DHS CONTRACTORS- Notwithstanding any other provision of this section, no return or return information shall be disclosed to any contractor of the Department of Homeland Security unless such Department, to the satisfaction of the Secretary--CommentsClose CommentsPermalink





`(A) has requirements in effect which require each such contractor which would have access to returns or return information to provide safeguards (within the meaning of paragraph (4)) to protect the confidentiality of such returns or return information,CommentsClose CommentsPermalink





`(B) agrees to conduct an on-site review every 3 years (mid-point review in the case of contracts or agreements of less than 1 year in duration) of each contractor to determine compliance with such requirements,CommentsClose CommentsPermalink





`(C) submits the findings of the most recent review conducted under subparagraph (B) to the Secretary as part of the report required by paragraph (4)(E), andCommentsClose CommentsPermalink





`(D) certifies to the Secretary for the most recent annual period that such contractor is in compliance with all such requirements.CommentsClose CommentsPermalink





`The certification required by subparagraph (D) shall include the name and address of each contractor, a description of the contract or agreement with such contractor, and the duration of such contract or agreement.'.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Section 6103(a)(3) of such Code is amended by striking `or (20)' and inserting `(20), or (21)'.CommentsClose CommentsPermalink





(B) Section 6103(p)(3)(A) of such Code is amended by adding at the end the following new sentence: `The Commissioner of Social Security shall provide to the Secretary such information as the Secretary may require in carrying out this paragraph with respect to return information inspected or disclosed under the authority of subsection (l)(21).'.CommentsClose CommentsPermalink





(C) Section 6103(p)(4) of such Code is amended--CommentsClose CommentsPermalink





(i) by striking `or (17)' both places it appears and inserting `(17), or (21)', andCommentsClose CommentsPermalink





(ii) by striking `or (20)' each place it appears and inserting `(20), or (21)'.CommentsClose CommentsPermalink





(D) Section 6103(p)(8)(B) of such Code is amended by inserting `or paragraph (9)' after `subparagraph (A)'.CommentsClose CommentsPermalink





(E) Section 7213(a)(2) of such Code is amended by striking `or (20)' and inserting `(20), or (21)'.CommentsClose CommentsPermalink





(f) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- There are authorized to be appropriated to the Secretary such sums as are necessary to carry out the amendments made by this section.CommentsClose CommentsPermalink





(2) LIMITATION ON VERIFICATION RESPONSIBILITIES OF COMMISSIONER OF SOCIAL SECURITY- The Commissioner of Social Security is authorized to perform activities with respect to carrying out the Commissioner's responsibilities in this title or the amendments made by this title, but only to the extent the Secretary has provided, in advance, funds to cover the Commissioner's full costs in carrying out such responsibilities. In no case shall funds from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund be used to carry out such responsibilities.CommentsClose CommentsPermalink





(g) Effective Dates-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by subsections (a), (b), (c), and (d) shall take effect on the date that is 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) SUBSECTION (e)-CommentsClose CommentsPermalink





(A) IN GENERAL- The amendments made by subsection (e) shall apply to disclosures made after the date of the enactment of this Act.CommentsClose CommentsPermalink





(B) CERTIFICATIONS- The first certification under section 6103(p)(9)(D) of the Internal Revenue Code of 1986, as added by subsection (e)(2), shall be made with respect to calendar year 2007.CommentsClose CommentsPermalink

SEC. 302. EMPLOYER COMPLIANCE FUND.

Section 286 (8 U.S.C. 1356) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(w) Employer Compliance Fund-CommentsClose CommentsPermalink





`(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').CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

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

(a) Increase in Number of Personnel- The Secretary shall, subject to the availability of appropriations for such purpose, annually increase, by not less than 2,200, the number of personnel of the Bureau of Immigration and Customs Enforcement during the 5-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Use of Personnel- The Secretary shall ensure that not less than 25 percent of all the hours expended by personnel of the Bureau of Immigration and Customs Enforcement shall be used to enforce compliance with sections 274A and 274C of the Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for each of the fiscal years 2008 through 2012 such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

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'.CommentsClose CommentsPermalink

SEC. 305. 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'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(B) is an alien who is--CommentsClose CommentsPermalink





`(i) lawfully admitted for permanent residence;CommentsClose CommentsPermalink





`(ii) granted the status of an alien lawfully admitted for temporary residence under section 210(a) or 245(a)(1);CommentsClose CommentsPermalink





`(iii) admitted as a refugee under section 207;CommentsClose CommentsPermalink





`(iv) granted asylum under section 208;CommentsClose CommentsPermalink





`(v) granted the status of a nonimmigrant under section 101(a)(15)(H)(ii)(c);CommentsClose CommentsPermalink





`(vi) granted temporary protected status under section 244; orCommentsClose CommentsPermalink





`(vii) granted parole under section 212(d)(5).'.CommentsClose CommentsPermalink





(c) Requirements for Electronic Employment Verification- Section 274B(a) (8 U.S.C. 1324b(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(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)--CommentsClose CommentsPermalink





`(A) to terminate or undertake any adverse employment action due to a tentative nonconfirmation;CommentsClose CommentsPermalink





`(B) to use the verification system for screening of an applicant prior to an offer of employment;CommentsClose CommentsPermalink





`(C) except as described in section 274A(d)(3)(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(d); orCommentsClose CommentsPermalink





`(D) to require an individual to make an inquiry under the self-verification procedures established in section 274A(d)(8)(E)(iii).'.CommentsClose CommentsPermalink





(d) Increase in Civil Money Penalties- Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B)(iv)--CommentsClose CommentsPermalink





(A) in subclause (I), by striking `$250 and not more than $2,000' and inserting `$1,000 and not more than $4,000';CommentsClose CommentsPermalink





(B) in subclause (II), by striking `$2,000 and not more than $5,000' and inserting `$4,000 and not more than $10,000';CommentsClose CommentsPermalink





(C) in subclause (III), by striking `$3,000 and not more than $10,000' and inserting `$6,000 and not more than $20,000'; andCommentsClose CommentsPermalink





(D) in subclause (IV), by striking `$100 and not more than $1,000' and inserting `$500 and not more than $5,000'.CommentsClose CommentsPermalink





(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 the fiscal years 2008 through 2010' before the period at the end.CommentsClose CommentsPermalink





(f) Effective Date- The amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply to violations occurring on or after such date.CommentsClose CommentsPermalink

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

Subtitle A--Temporary Guest Workers

SEC. 401. IMMIGRATION IMPACT STUDY.

(a) Effective Date- Any regulation that would increase the number of aliens who are eligible for legal status may not take effect before 90 days after the date on which the Director of the Bureau of the Census submits a report to Congress under subsection (c).CommentsClose CommentsPermalink





(b) Study- The Director of the Bureau of the Census, jointly with the Secretary, the Secretary of Agriculture, the Secretary of Education, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of the Interior, the Secretary of Labor, the Secretary of Transportation, the Secretary of the Treasury, the Attorney General, and the Administrator of the Environmental Protection Agency, shall undertake a study examining the impacts of the current and proposed annual grants of legal status, including immigrant and nonimmigrant status, along with the current level of illegal immigration, on the infrastructure of and quality of life in the United States.CommentsClose CommentsPermalink





(c) Report- Not later than 90 days after the date of the enactment of this Act, the Director of the Bureau of the Census shall submit to Congress a report on the findings of the study required by subsection (b), including the following information:CommentsClose CommentsPermalink





(1) An estimate of the total legal and illegal immigrant populations of the United States, as they relate to the total population.CommentsClose CommentsPermalink





(2) The projected impact of legal and illegal immigration on the size of the population of the United States over the next 50 years, which regions of the country are likely to experience the largest increases, which small towns and rural counties are likely to lose their character as a result of such growth, and how the proposed regulations would affect these projections.CommentsClose CommentsPermalink





(3) The impact of the current and projected foreign-born populations on the natural environment, including the consumption of nonrenewable resources, waste production and disposal, the emission of pollutants, and the loss of habitat and productive farmland, an estimate of the public expenditures required to maintain current standards in each of these areas, the degree to which current standards will deteriorate if such expenditures are not forthcoming, and the additional effects the proposed regulations would have.CommentsClose CommentsPermalink





(4) The impact of the current and projected foreign-born populations on employment and wage rates, particularly in industries such as agriculture and services in which the foreign born are concentrated, an estimate of the associated public costs, and the additional effects the proposed regulations would have.CommentsClose CommentsPermalink





(5) The impact of the current and projected foreign-born populations on the need for additions and improvements to the transportation infrastructure of the United States, an estimate of the public expenditures required to meet this need, the impact on Americans' mobility if such expenditures are not forthcoming, and the additional effect the proposed regulations would have.CommentsClose CommentsPermalink





(6) The impact of the current and projected foreign-born populations on enrollment, class size, teacher-student ratios, and the quality of education in public schools, an estimate of the public expenditures required to maintain current median standards, the degree to those standards will deteriorate if such expenditures are not forthcoming, and the additional effect the proposed regulations would have.CommentsClose CommentsPermalink





(7) The impact of the current and projected foreign-born populations on home ownership rates, housing prices, and the demand for low-income and subsidized housing, the public expenditures required to maintain current median standards in these areas, the degree to which those standards will deteriorate if such expenditures are not forthcoming, and the additional effect the proposed regulations would have.CommentsClose CommentsPermalink





(8) The impact of the current and projected foreign-born populations on access to quality health care and on the cost of health care and health insurance, an estimate of the public expenditures required to maintain current median standards, the degree to which those standards will deteriorate if such expenditures are not forthcoming, and the additional effect the proposed regulations would have.CommentsClose CommentsPermalink





(9) The impact of the current and projected foreign-born populations on the criminal justice system in the United States, an estimate of the associated public costs, and the additional effect the proposed regulations would have.CommentsClose CommentsPermalink

SEC. 402. NONIMMIGRANT TEMPORARY WORKER.

(a) Temporary Worker Category- Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is amended to read as follows:CommentsClose CommentsPermalink





`(H) an alien--CommentsClose CommentsPermalink





`(i)(b) subject to section 212(j)(2)--CommentsClose CommentsPermalink





`(aa) who is coming temporarily to the United States to perform services (other than services described in clause (ii)(a) or subparagraph (O) or (P)) in a specialty occupation described in section 214(i)(1) or as a fashion model;CommentsClose CommentsPermalink





`(bb) who meets the requirements for the occupation specified in section 214(i)(2) or, in the case of a fashion model, is of distinguished merit and ability; andCommentsClose CommentsPermalink





`(cc) with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security that the intending employer has filed an application with the Secretary in accordance with section 212(n)(1);CommentsClose CommentsPermalink





`(b1)(aa) who is entitled to enter the United States under the provisions of an agreement listed in section 214(g)(8)(A);CommentsClose CommentsPermalink





`(bb) who is engaged in a specialty occupation described in section 214(i)(3); andCommentsClose CommentsPermalink





`(cc) with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed an attestation with the Secretary of Labor in accordance with section 212(t)(1); orCommentsClose CommentsPermalink





`(c)(aa) who is coming temporarily to the United States to perform services as a registered nurse;CommentsClose CommentsPermalink





`(bb) who meets the qualifications described in section 212(m)(1); andCommentsClose CommentsPermalink





`(cc) with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security that an unexpired attestation is on file and in effect under section 212(m)(2) for the facility (as defined in section 212(m)(6)) for which the alien will perform the services; orCommentsClose CommentsPermalink





`(ii)(a) who--CommentsClose CommentsPermalink





`(aa) has a residence in a foreign country which the alien has no intention of abandoning; andCommentsClose CommentsPermalink





`(bb) is coming temporarily to the United States to perform agricultural labor or services (as defined by the Secretary of Labor), including agricultural labor (as defined in section 3121(g) of the Internal Revenue Code of 1986), agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f))), and the pressing of apples for cider on a farm, of a temporary or seasonal nature;CommentsClose CommentsPermalink





`(b) who--CommentsClose CommentsPermalink





`(aa) has a residence in a foreign country which the alien has no intention of abandoning;CommentsClose CommentsPermalink





`(bb) is coming temporarily to the United States to perform nonagricultural work or services of a temporary or seasonal nature (if unemployed persons capable of performing such work or services cannot be found in the United States), excluding medical school graduates coming to the United States to perform services as members of the medical profession; orCommentsClose CommentsPermalink





`(c) who--CommentsClose CommentsPermalink





`(aa) has a residence in a foreign country which the alien has no intention of abandoning;CommentsClose CommentsPermalink





`(bb) is coming temporarily to the United States to perform temporary labor or services other than the labor or services described in clause (i)(b), (i)(c), (ii)(a), or (iii), or subparagraph (L), (O), (P), or (R) (if unemployed persons capable of performing such labor or services cannot be found in the United States); andCommentsClose CommentsPermalink





`(cc) meets the requirements under section 218A, including the filing of a petition under such section on behalf of the alien;CommentsClose CommentsPermalink





`(iii) who--CommentsClose CommentsPermalink





`(a) has a residence in a foreign country which the alien has no intention of abandoning; andCommentsClose CommentsPermalink





`(b) is coming temporarily to the United States as a trainee (other than to receive graduate medical education or training) in a training program that is not designed primarily to provide productive employment; orCommentsClose CommentsPermalink





`(iv) who--CommentsClose CommentsPermalink





`(a) is the spouse or a minor child of an alien described in this subparagraph; andCommentsClose CommentsPermalink





`(b) is accompanying or following to join such alien.'.CommentsClose CommentsPermalink





(b) Effective Date and Application- The amendment made by subsection (a) shall take effect on the date that is 18 months after the date that not less than $400,000,000 have been appropriated and made available to the Secretary to implement the Electronic Employment Verification System established under 274A(d) of the Immigration and Nationality Act, as amended by section 301(a), with respect to aliens, who, on such effective date, are outside of the United States.CommentsClose CommentsPermalink

SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.

(a) Temporary Guest Workers-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 2 of title II (8 U.S.C. 1181 et seq.) is amended by inserting after section 218 the following:CommentsClose CommentsPermalink

`SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS.

`(a) Authorization- The Secretary of State may grant a temporary visa to an H-2C nonimmigrant who demonstrates an intent to perform labor or services in the United States (other than the labor or services described in clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or subparagraph (L), (O), (P), or (R)) of section 101(a)(15).CommentsClose CommentsPermalink





`(b) Requirements for Admission- An alien shall be eligible for H-2C nonimmigrant status if the alien meets the following requirements:CommentsClose CommentsPermalink





`(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)(H)(ii)(c).CommentsClose CommentsPermalink





`(2) EVIDENCE OF EMPLOYMENT- The alien shall establish that the alien has received a job offer from an employer who has complied with the requirements of 218B.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(5) APPLICATION CONTENT AND WAIVER-CommentsClose CommentsPermalink





`(A) APPLICATION FORM- The alien shall submit to the Secretary a completed application, on a form designed by the Secretary of Homeland Security, including proof of evidence of the requirements under paragraphs (1) and (2).CommentsClose CommentsPermalink





`(B) CONTENT- In addition to any other information that the Secretary requires to determine an alien's eligibility for H-2C nonimmigrant status, the Secretary shall require an alien to provide information concerning the alien's--CommentsClose CommentsPermalink





`(i) physical and mental health;CommentsClose CommentsPermalink





`(ii) criminal history and gang membership;CommentsClose CommentsPermalink





`(iii) immigration history; andCommentsClose CommentsPermalink





`(iv) involvement with groups or individuals that have engaged in terrorism, genocide, persecution, or who seek the overthrow of the United States Government.CommentsClose CommentsPermalink





`(C) KNOWLEDGE- The alien shall include with the application submitted under this paragraph a signed certification in which the alien certifies that--CommentsClose CommentsPermalink





`(i) the alien has read and understands all of the questions and statements on the application form;CommentsClose CommentsPermalink





`(ii) 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; andCommentsClose CommentsPermalink





`(iii) the applicant authorizes the release of any information contained in the application and any attached evidence for law enforcement purposes.CommentsClose CommentsPermalink





`(c) Grounds of Inadmissibility-CommentsClose CommentsPermalink





`(1) IN GENERAL- In determining an alien's admissibility as an H-2C nonimmigrant--CommentsClose CommentsPermalink





`(A) paragraphs (5), (6)(A), (7), (9)(B), and (9)(C) of section 212(a) may be waived for conduct that occurred before the effective date of the Comprehensive Immigration Reform Act of 2007;CommentsClose CommentsPermalink





`(B) the Secretary of Homeland Security may not waive the application of--CommentsClose CommentsPermalink





`(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of section 212(a)(2) (relating to criminals);CommentsClose CommentsPermalink





`(ii) section 212(a)(3) (relating to security and related grounds); orCommentsClose CommentsPermalink





`(iii) subparagraph (A), (C) or (D) of section 212(a)(10) (relating to polygamists and child abductors); andCommentsClose CommentsPermalink





`(C) for conduct that occurred before the date of the enactment of the Comprehensive Immigration Reform Act of 2007, 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--CommentsClose CommentsPermalink





`(i) for humanitarian purposes;CommentsClose CommentsPermalink





`(ii) to ensure family unity; orCommentsClose CommentsPermalink





`(iii) if such a waiver is otherwise in the public interest.CommentsClose CommentsPermalink





`(2) RENEWAL OF AUTHORIZED ADMISSION AND SUBSEQUENT ADMISSIONS- An alien seeking renewal of authorized admission or subsequent admission as an H-2C nonimmigrant shall establish that the alien is not inadmissible under section 212(a).CommentsClose CommentsPermalink





`(d) Background Checks- The Secretary of Homeland Security shall not admit, and the Secretary of State shall not issue a visa to, an alien seeking H-2C nonimmigrant status unless all appropriate background checks have been completed.CommentsClose CommentsPermalink





`(e) Ineligible To Change Nonimmigrant Classification- An H-2C nonimmigrant may not change nonimmigrant classification under section 248.CommentsClose CommentsPermalink





`(f) Period of Authorized Admission-CommentsClose CommentsPermalink





`(1) AUTHORIZED PERIOD AND RENEWAL- The initial period of authorized admission as an H-2C nonimmigrant shall be 3 years, and the alien may seek 1 extension for an additional 3-year period.CommentsClose CommentsPermalink





`(2) INTERNATIONAL COMMUTERS- An alien who resides outside the United States and commutes into the United States to work as an H-2C nonimmigrant, is not subject to the time limitations under paragraph (1).CommentsClose CommentsPermalink





`(3) LOSS OF EMPLOYMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL-CommentsClose CommentsPermalink





`(i) PERIOD OF UNEMPLOYMENT- Subject to clause (ii) and subsection (c), the period of authorized admission of an H-2C nonimmigrant shall terminate if the alien is unemployed for 60 or more consecutive days.CommentsClose CommentsPermalink





`(ii) EXCEPTION- The period of authorized admission of an H-2C nonimmigrant shall not terminate if the alien is unemployed for 60 or more consecutive days if such unemployment is caused by--CommentsClose CommentsPermalink





`(I) a period of physical or mental disability of the alien or the spouse, son, daughter, or parent (as defined in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611)) of the alien;CommentsClose CommentsPermalink





`(II) a period of vacation, medical leave, maternity leave, or similar leave from employment authorized by employer policy, State law, or Federal law; orCommentsClose CommentsPermalink





`(III) any other period of temporary unemployment caused by circumstances beyond the control of the alien.CommentsClose CommentsPermalink





`(B) RETURN TO FOREIGN RESIDENCE- Any alien whose period of authorized admission terminates under subparagraph (A) shall be required to leave the United States.CommentsClose CommentsPermalink





`(C) PERIOD OF VISA VALIDITY- Any alien, whose period of authorized admission terminates under subparagraph (A), who leaves the United States under subparagraph (B), may reenter the United States as an H-2C nonimmigrant to work for an employer, if the alien has complied with the requirements of subsection (b). The Secretary may, in the Secretary's sole and unreviewable discretion, reauthorize such alien for admission as an H-2C nonimmigrant without requiring the alien's departure from the United States.CommentsClose CommentsPermalink





`(4) VISITS OUTSIDE UNITED STATES-CommentsClose CommentsPermalink





`(A) IN GENERAL- Under regulations established by the Secretary of Homeland Security, an H-2C nonimmigrant--CommentsClose CommentsPermalink





`(i) may travel outside of the United States; andCommentsClose CommentsPermalink





`(ii) may be readmitted without having to obtain a new visa if the period of authorized admission has not expired.CommentsClose CommentsPermalink





`(B) EFFECT ON PERIOD OF AUTHORIZED ADMISSION- Time spent outside the United States under subparagraph (A) shall not extend the period of authorized admission in the United States.CommentsClose CommentsPermalink





`(5) BARS TO EXTENSION OR ADMISSION- An alien may not be granted H-2C nonimmigrant status, or an extension of such status, if--CommentsClose CommentsPermalink





`(A) the alien has violated any material term or condition of such status granted previously, including failure to comply with the change of address reporting requirements under section 265;CommentsClose CommentsPermalink





`(B) the alien is inadmissible as a nonimmigrant; orCommentsClose CommentsPermalink





`(C) the granting of such status or extension of such status would allow the alien to exceed 6 years as an H-2C nonimmigrant, unless the alien has resided and been physically present outside the United States for at least 1 year after the expiration of such H-2C nonimmigrant status.CommentsClose CommentsPermalink





`(g) Evidence of Nonimmigrant Status- Each H-2C nonimmigrant shall be issued documentary evidence of nonimmigrant status, which--CommentsClose CommentsPermalink





`(1) shall be machine-readable, tamper-resistant, and allow for biometric authentication;CommentsClose CommentsPermalink





`(2) shall be designed in consultation with the Forensic Document Laboratory of the Bureau of Immigration and Customs Enforcement;CommentsClose CommentsPermalink





`(3) shall, during the alien's authorized period of admission under subsection (f), serve as a valid entry document for the purpose of applying for admission to the United States--CommentsClose CommentsPermalink





`(A) instead of a passport and visa if the alien--CommentsClose CommentsPermalink





`(i) is a national of a foreign territory contiguous to the United States; andCommentsClose CommentsPermalink





`(ii) is applying for admission at a land border port of entry; andCommentsClose CommentsPermalink





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





`(4) may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); andCommentsClose CommentsPermalink





`(5) shall be issued to the H-2C nonimmigrant by the Secretary of Homeland Security promptly after the final adjudication of such alien's application for H-2C nonimmigrant status.CommentsClose CommentsPermalink





`(h) Penalty for Failure To Depart- If an H-2C nonimmigrant fails to depart the United States before the date which is 10 days after the date that the alien's authorized period of admission as an H-2C nonimmigrant terminates, the H-2C nonimmigrant may not apply for or receive any immigration relief or benefit under this Act or any other law, except for relief under sections 208 and 241(b)(3) and relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, for an alien who indicates either an intention to apply for asylum under section 208 or a fear of persecution or torture.CommentsClose CommentsPermalink





`(i) Penalty for Illegal Entry or Overstay- Any alien who enters, attempts to enter, or crosses the border after the date of the enactment of this section, and is physically present in the United States after such date in violation of this Act or of any other Federal law, may not receive, for a period of 10 years--CommentsClose CommentsPermalink





`(1) any relief under section 240A(a), 240A(b)(1), or 240B; orCommentsClose CommentsPermalink





`(2) nonimmigrant status under section 101(a)(15) (except subparagraphs (T) and (U)).CommentsClose CommentsPermalink





`(j) Portability- A nonimmigrant alien described in this section, who was previously issued a visa or otherwise provided H-2C nonimmigrant status, may accept a new offer of employment with a subsequent employer, if--CommentsClose CommentsPermalink





`(1) the employer complies with section 218B; andCommentsClose CommentsPermalink





`(2) the alien, after lawful admission to the United States, did not work without authorization.CommentsClose CommentsPermalink





`(k) Change of Address- An H-2C nonimmigrant shall comply with the change of address reporting requirements under section 265 through either electronic or paper notification.CommentsClose CommentsPermalink





`(l) Collection of Fees- All fees collected under this section shall be deposited in the Treasury in accordance with section 286(c).CommentsClose CommentsPermalink





`(m) Issuance of H-4 Nonimmigrant Visas for Spouse and Children-CommentsClose CommentsPermalink





`(1) IN GENERAL- The alien spouse and children of an H-2C nonimmigrant (referred to in this section as `dependent aliens') who are accompanying or following to join the H-2C nonimmigrant may be issued nonimmigrant visas under section 101(a)(15)(H)(iv).CommentsClose CommentsPermalink





`(2) REQUIREMENTS FOR ADMISSION- A dependent alien is eligible for nonimmigrant status under 101(a)(15)(H)(iv) if the dependent alien meets the following requirements:CommentsClose CommentsPermalink





`(A) ELIGIBILITY- The dependent alien is admissible as a nonimmigrant and does not fall within a class of aliens ineligible for H-4A nonimmigrant status listed under subsection (c).CommentsClose CommentsPermalink





`(B) MEDICAL EXAMINATION- Before a nonimmigrant visa is issued to a dependent alien under this subsection, the dependent alien shall submit to a medical examination (including a determination of immunization status) at the alien's expense, that conforms to generally accepted standards of medical practice.CommentsClose CommentsPermalink





`(C) BACKGROUND CHECKS- Before a nonimmigrant visa is issued to a dependent alien under this section, the consular officer shall conduct such background checks as the Secretary of State, in consultation with the Secretary of Homeland Security, considers appropriate.CommentsClose CommentsPermalink





`(n) Definitions- In this section and sections 218B, 218C, and 218D:CommentsClose CommentsPermalink





`(1) AGGRIEVED PERSON- term `aggrieved person' means a person adversely affected by an alleged violation of this section, including--CommentsClose CommentsPermalink





`(A) a worker whose job, wages, or working conditions are adversely affected by the violation; andCommentsClose CommentsPermalink





`(B) a representative for workers whose jobs, wages, or working conditions are adversely affected by the violation who brings a complaint on behalf of such worker.CommentsClose CommentsPermalink





`(2) AREA OF EMPLOYMENT- The terms `area of employment' and `area of intended employment' mean the area within normal commuting distance of the worksite or physical location at which the work of the temporary worker is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the area of employment.CommentsClose CommentsPermalink





`(3) ELIGIBLE INDIVIDUAL- The term `eligible individual' means, with respect to employment, an individual who is not an unauthorized alien (as defined in section 274A) with respect to that employment.CommentsClose CommentsPermalink





`(4) EMPLOY; EMPLOYEE; EMPLOYER- The terms `employ', `employee', and `employer' have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).CommentsClose CommentsPermalink





`(5) FOREIGN LABOR CONTRACTOR- The term `foreign labor contractor' means any person who for any compensation or other valuable consideration paid or promised to be paid, performs any foreign labor contracting activity.CommentsClose CommentsPermalink





`(6) FOREIGN LABOR CONTRACTING ACTIVITY- The term `foreign labor contracting activity' means recruiting, soliciting, hiring, employing, or furnishing, an individual who resides outside of the United States for employment in the United States as a nonimmigrant alien described in section 101(a)(15)(H)(ii)(c).CommentsClose CommentsPermalink





`(7) H-2C NONIMMIGRANT- The term `H-2C nonimmigrant' means a nonimmigrant described in section 101(a)(15)(H)(ii)(c).CommentsClose CommentsPermalink





`(8) SEPARATION FROM EMPLOYMENT- The term `separation from employment' means the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract. The term does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether the employee accepts the offer. Nothing in this paragraph shall limit an employee's rights under a collective bargaining agreement or other employment contract.CommentsClose CommentsPermalink





`(9) UNITED STATES WORKER- The term `United States worker' means an employee who is--CommentsClose CommentsPermalink





`(A) a citizen or national of the United States; orCommentsClose CommentsPermalink





`(B) an alien who is--CommentsClose CommentsPermalink





`(i) lawfully admitted for permanent residence;CommentsClose CommentsPermalink





`(ii) admitted as a refugee under section 207;CommentsClose CommentsPermalink





`(iii) granted asylum under section 208; orCommentsClose CommentsPermalink





`(iv) otherwise authorized, under this Act or by the Secretary of Homeland Security, to be employed in the United States.'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 218 the following:CommentsClose CommentsPermalink





`Sec. 218A. Admission of temporary H-2C workers.'.CommentsClose CommentsPermalink

SEC. 404. EMPLOYER OBLIGATIONS.

(a) In General- Title II (8 U.S.C. 1201 et seq.) is amended by inserting after section 218A, as added by section 403, the following:CommentsClose CommentsPermalink

`SEC. 218B. EMPLOYER OBLIGATIONS.

`(a) General Requirements- Each employer who employs an H-2C nonimmigrant shall--CommentsClose CommentsPermalink





`(1) file a petition in accordance with subsection (b); andCommentsClose CommentsPermalink





`(2) pay the appropriate fee, as determined by the Secretary of Labor.CommentsClose CommentsPermalink





`(b) Required Procedure- Except where the Secretary of Labor has determined that there is a shortage of United States workers in the occupation and area of intended employment to which the H-2C nonimmigrant is sought--CommentsClose CommentsPermalink





`(1) EFFORTS TO RECRUIT UNITED STATES WORKERS- During the period beginning not later than 90 days prior to the date on which a petition is filed under subsection (a)(1), and ending on the date that is 14 days prior to the date on which the petition is filed, the employer involved shall take the following steps to recruit United States workers for the position for which the H-2C nonimmigrant is sought under the petition:CommentsClose CommentsPermalink





`(A) Submit a copy of the job opportunity, including a description of the wages and other terms and conditions of employment and the minimum education, training, experience and other requirements of the job, to the State Employment Service Agency that serves the area of employment in the State in which the employer is located.CommentsClose CommentsPermalink





`(B) Authorize the State Employment Service Agency to post the job opportunity on the Internet through the website for America's Job Bank, with local job banks, and with unemployment agencies and other labor referral and recruitment sources pertinent to the job involved.CommentsClose CommentsPermalink





`(C) Authorize the State Employment Service Agency to notify labor organizations in the State in which the job is located, and if applicable, the office of the local union which represents the employees in the same or substantially equivalent job classification of the job opportunity.CommentsClose CommentsPermalink





`(D) Post the availability of the job opportunity for which the employer is seeking a worker in conspicuous locations at the place of employment for all employees to see.CommentsClose CommentsPermalink





`(2) EFFORTS TO EMPLOY UNITED STATES WORKERS- An employer that seeks to employ an H-2C nonimmigrant shall--CommentsClose CommentsPermalink





`(A) first offer the job to any eligible United States worker who applies, is qualified for the job and is available at the time of need, notwithstanding any other valid employment criteria.CommentsClose CommentsPermalink





`(c) Petition- A petition to hire an H-2C nonimmigrant under this section shall include an attestation by the employer of the following:CommentsClose CommentsPermalink





`(1) PROTECTION OF UNITED STATES WORKERS- The employment of an H-2C nonimmigrant--CommentsClose CommentsPermalink





`(A) will not adversely affect the wages and working conditions of workers in the United States similarly employed; andCommentsClose CommentsPermalink





`(B) did not and will not cause the separation from employment of a United States worker employed by the employer within the 180-day period beginning 90 days before the date on which the petition is filed.CommentsClose CommentsPermalink





`(2) WAGES-CommentsClose CommentsPermalink





`(A) IN GENERAL- The H-2C nonimmigrant will be paid not less than the greater of--CommentsClose CommentsPermalink





`(i) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; orCommentsClose CommentsPermalink





`(ii) the prevailing wage level for the occupational classification in the area of employment, taking into account experience and skill levels of employees.CommentsClose CommentsPermalink





`(B) CALCULATION- The wage levels under subparagraph (A) shall be calculated based on the best information available at the time of the filing of the application.CommentsClose CommentsPermalink





`(C) PREVAILING WAGE LEVEL- For purposes of subparagraph (A)(ii), the prevailing wage level shall be determined in accordance as follows:CommentsClose CommentsPermalink





`(i) If the job opportunity is covered by a collective bargaining agreement between a union and the employer, the prevailing wage shall be the wage rate set forth in the collective bargaining agreement.CommentsClose CommentsPermalink





`(ii) If the job opportunity is not covered by such an agreement and it is in an occupation that is covered by a wage determination under a provision of subchapter IV of chapter 31 of title 40, United States Code, or the Service Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing wage level shall be the appropriate statutory wage.CommentsClose CommentsPermalink





`(iii)(I) If the job opportunity is not covered by such an agreement and it is in an occupation that is not covered by a wage determination under a provision of subchapter IV of chapter 31 of title 40, United States Code, or the Service Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing wage level shall be based on published wage data for the occupation from the Bureau of Labor Statistics, including the Occupational Employment Statistics survey, Current Employment Statistics data, National Compensation Survey, and Occupational Employment Projections program. If the Bureau of Labor Statistics does not have wage data applicable to such occupation, the employer may base the prevailing wage level on another wage survey approved by the Secretary of Labor.CommentsClose CommentsPermalink





`(II) The Secretary shall promulgate regulations applicable to approval of such other wage surveys that require, among other things, that the Bureau of Labor Statistics determine such surveys are statistically viable.CommentsClose CommentsPermalink





`(3) WORKING CONDITIONS- All workers in the occupation at the place of employment at which the H-2C nonimmigrant will be employed will be provided the working conditions and benefits that are normal to workers similarly employed in the area of intended employment.CommentsClose CommentsPermalink





`(4) LABOR DISPUTE- There is not a strike, lockout, or work stoppage in the course of a labor dispute in the occupation at the place of employment at which the H-2C nonimmigrant will be employed. If such strike, lockout, or work stoppage occurs following submission of the petition, the employer will provide notification in accordance with regulations promulgated by the Secretary of Labor.CommentsClose CommentsPermalink





`(5) PROVISION OF INSURANCE- If the position for which the H-2C nonimmigrant is sought is not covered by the State workers' compensation law, the employer will provide, at no cost to the H-2C nonimmigrant, insurance covering injury and disease arising out of, and in the course of, the worker's employment, which will provide benefits at least equal to those provided under the State workers' compensation law for comparable employment.CommentsClose CommentsPermalink





`(6) NOTICE TO EMPLOYEES-CommentsClose CommentsPermalink





`(A) IN GENERAL- The employer has provided notice of the filing of the petition to the bargaining representative of the employer's employees in the occupational classification and area of employment for which the H-2C nonimmigrant is sought.CommentsClose CommentsPermalink





`(B) NO BARGAINING REPRESENTATIVE- If there is no such bargaining representative, the employer has--CommentsClose CommentsPermalink





`(i) posted a notice of the filing of the petition in a conspicuous location at the place or places of employment for which the H-2C nonimmigrant is sought; orCommentsClose CommentsPermalink





`(ii) electronically disseminated such a notice to the employer's employees in the occupational classification for which the H-2C nonimmigrant is sought.CommentsClose CommentsPermalink





`(7) RECRUITMENT- Except where the Secretary of Labor has determined that there is a shortage of United States workers in the occupation and area of intended employment for which the H-2C nonimmigrant is sought--CommentsClose CommentsPermalink





`(A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition; andCommentsClose CommentsPermalink





`(B) good faith efforts have been taken to recruit United States workers, in accordance with regulations promulgated by the Secretary of Labor, which efforts included--CommentsClose CommentsPermalink





`(i) the completion of recruitment during the period beginning on the date that is 90 days before the date on which the petition was filed with the Department of Homeland Security and ending on the date that is 14 days before such filing date; andCommentsClose CommentsPermalink





`(ii) the actual wage paid by the employer for the occupation in the areas of intended employment was used in conducting recruitment.CommentsClose CommentsPermalink





`(8) INELIGIBILITY- The employer is not currently ineligible from using the H-2C nonimmigrant program described in this section.CommentsClose CommentsPermalink





`(9) BONAFIDE OFFER OF EMPLOYMENT- The job for which the H-2C nonimmigrant is sought is a bona fide job--CommentsClose CommentsPermalink





`(A) for which the employer needs labor or services;CommentsClose CommentsPermalink





`(B) which has been and is clearly open to any United States worker; andCommentsClose CommentsPermalink





`(C) for which the employer will be able to place the H-2C nonimmigrant on the payroll.CommentsClose CommentsPermalink





`(10) PUBLIC AVAILABILITY AND RECORDS RETENTION- A copy of each petition filed under this section and documentation supporting each attestation, in accordance with regulations promulgated by the Secretary of Labor, will--CommentsClose CommentsPermalink





`(A) be provided to every H-2C nonimmigrant employed under the petition;CommentsClose CommentsPermalink





`(B) be made available for public examination at the employer's place of business or work site;CommentsClose CommentsPermalink





`(C) be made available to the Secretary of Labor during any audit; andCommentsClose CommentsPermalink





`(D) remain available for examination for 5 years after the date on which the petition is filed.CommentsClose CommentsPermalink





`(11) NOTIFICATION UPON SEPARATION FROM OR TRANSFER OF EMPLOYMENT- The employer will notify the Secretary of Labor and the Secretary of Homeland Security of an H-2C nonimmigrant's separation from employment or transfer to another employer not more than 3 business days after the date of such separation or transfer, in accordance with regulations promulgated by the Secretary of Homeland Security.CommentsClose CommentsPermalink





`(12) ACTUAL NEED FOR LABOR OR SERVICES- The petition was filed not more than 60 days before the date on which the employer needed labor or services for which the H-2C nonimmigrant is sought.CommentsClose CommentsPermalink





`(d) Audit of Attestations-CommentsClose CommentsPermalink





`(1) REFERRALS BY SECRETARY OF HOMELAND SECURITY- The Secretary of Homeland Security shall refer all approved petitions for H-2C nonimmigrants to the Secretary of Labor for potential audit.CommentsClose CommentsPermalink





`(2) AUDITS AUTHORIZED- The Secretary of Labor may audit any approved petition referred pursuant to paragraph (1), in accordance with regulations promulgated by the Secretary of Labor.CommentsClose CommentsPermalink





`(e) Ineligible Employers-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary of Homeland Security shall not approve an employer's petitions, applications, certifications, or attestations under any immigrant or nonimmigrant program if the Secretary of Labor determines, after notice and an opportunity for a hearing, that the employer submitting such documents--CommentsClose CommentsPermalink





`(A) has, with respect to the attestations required under subsection (b)--CommentsClose CommentsPermalink





`(i) misrepresented a material fact;CommentsClose CommentsPermalink





`(ii) made a fraudulent statement; orCommentsClose CommentsPermalink





`(iii) failed to comply with the terms of such attestations; orCommentsClose CommentsPermalink





`(B) failed to cooperate in the audit process in accordance with regulations promulgated by the Secretary of Labor.CommentsClose CommentsPermalink





`(2) LENGTH OF INELIGIBILITY- An employer described in paragraph (1) shall be ineligible to participate in the labor certification programs of the Secretary of Labor for not less than the time period determined by the Secretary, not to exceed 3 years.CommentsClose CommentsPermalink





`(3) EMPLOYERS IN HIGH UNEMPLOYMENT AREAS- Beginning on the date that is 1 year after the date of the enactment of the Initial Entry, Adjustment, and Citizenship Assistance Grant Act of 2007, the Secretary of Homeland Security may not approve any employer's petition under subsection (b) if the work to be performed by the H-2C nonimmigrant is not agriculture based and is located in a metropolitan or micropolitan statistical area (as defined by the Office of Management and Budget) in which the unemployment rate for workers who have not completed any education beyond a high school diploma during the most recently completed 6-month period averaged more than 9.0 percent.CommentsClose CommentsPermalink





`(f) Regulation of Foreign Labor Contractors-CommentsClose CommentsPermalink





`(1) COVERAGE- Notwithstanding any other provision of law, an H-2C nonimmigrant may not be treated as an independent contractor.CommentsClose CommentsPermalink





`(2) APPLICABILITY OF LAWS- An H-2C nonimmigrant shall not be denied any right or any remedy under Federal, State, or local labor or employment law that would be applicable to a United States worker employed in a similar position with the employer because of the alien's status as a nonimmigrant worker.CommentsClose CommentsPermalink





`(3) TAX RESPONSIBILITIES- With respect to each employed H-2C nonimmigrant, an employer shall comply with all applicable Federal, State, and local tax and revenue laws.CommentsClose CommentsPermalink





`(g) Whistleblower Protection- It shall be unlawful for an employer or a labor contractor of an H-2C nonimmigrant to intimidate, threaten, restrain, coerce, retaliate, discharge, or in any other manner, discriminate against an employee or former employee because the employee or former employee--CommentsClose CommentsPermalink





`(1) discloses information to the employer or any other person that the employee or former employee reasonably believes demonstrates a violation of this Act; orCommentsClose CommentsPermalink





`(2) cooperates or seeks to cooperate in an investigation or other proceeding concerning compliance with the requirements of this Act.CommentsClose CommentsPermalink





`(h) Labor Recruiters-CommentsClose CommentsPermalink





`(1) IN GENERAL- Each employer that engages in foreign labor contracting activity and each foreign labor contractor shall ascertain and disclose, to each such worker who is recruited for employment at the time of the worker's recruitment--CommentsClose CommentsPermalink





`(A) the place of employment;CommentsClose CommentsPermalink





`(B) the compensation for the employment;CommentsClose CommentsPermalink





`(C) a description of employment activities;CommentsClose CommentsPermalink





`(D) the period of employment;CommentsClose CommentsPermalink





`(E) any other employee benefit to be provided and any costs to be charged for each benefit;CommentsClose CommentsPermalink





`(F) any travel or transportation expenses to be assessed;CommentsClose CommentsPermalink





`(G) the existence of any labor organizing effort, strike, lockout, or other labor dispute at the place of employment;CommentsClose CommentsPermalink





`(H) the existence of any arrangement with any owner, employer, foreign contractor, or its agent where such person receives a commission from the provision of items or services to workers;CommentsClose CommentsPermalink





`(I) the extent to which workers will be compensated through workers' compensation, private insurance, or otherwise for injuries or death, including--CommentsClose CommentsPermalink





`(i) work related injuries and death during the period of employment;CommentsClose CommentsPermalink





`(ii) the name of the State workers' compensation insurance carrier or the name of the policyholder of the private insurance;CommentsClose CommentsPermalink





`(iii) the name and the telephone number of each person who must be notified of an injury or death; andCommentsClose CommentsPermalink





`(iv) the time period within which such notice must be given;CommentsClose CommentsPermalink





`(J) any education or training to be provided or required, including--CommentsClose CommentsPermalink





`(i) the nature and cost of such training;CommentsClose CommentsPermalink





`(ii) the entity that will pay such costs; andCommentsClose CommentsPermalink





`(iii) whether the training is a condition of employment, continued employment, or future employment; andCommentsClose CommentsPermalink





`(K) a statement, in a form specified by the Secretary of Labor, describing the protections of this Act for workers recruited abroad.CommentsClose CommentsPermalink





`(2) FALSE OR MISLEADING INFORMATION- No foreign labor contractor or employer who engages in foreign labor contracting activity shall knowingly provide material false or misleading information to any worker concerning any matter required to be disclosed in paragraph (1).CommentsClose CommentsPermalink





`(3) LANGUAGES- The information required to be disclosed under paragraph (1) shall be provided in writing in English or, as necessary and reasonable, in the language of the worker being recruited. The Secretary of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section.CommentsClose CommentsPermalink





`(4) FEES- A person conducting a foreign labor contracting activity shall not assess any fee to a worker for such foreign labor contracting activity.CommentsClose CommentsPermalink





`(5) TERMS- No employer or foreign labor contractor shall, without justification, violate the terms of any agreement made by that contractor or employer regarding employment under this program.CommentsClose CommentsPermalink





`(6) TRAVEL COSTS- If the foreign labor contractor or employer charges the employee for transportation such transportation costs shall be reasonable.CommentsClose CommentsPermalink





`(7) OTHER WORKER PROTECTIONS-CommentsClose CommentsPermalink





`(A) NOTIFICATION- Not less frequently than once every 2 years, each employer shall notify the Secretary of Labor of the identity of any foreign labor contractor engaged by the employer in any foreign labor contractor activity for, or on behalf of, the employer.CommentsClose CommentsPermalink





`(B) REGISTRATION OF FOREIGN LABOR CONTRACTORS-CommentsClose CommentsPermalink





`(i) IN GENERAL- No person shall engage in foreign labor recruiting activity unless such person has a certificate of registration from the Secretary of Labor specifying the activities that such person is authorized to perform. An employer who retains the services of a foreign labor contractor shall only use those foreign labor contractors who are registered under this subparagraph.CommentsClose CommentsPermalink





`(ii) ISSUANCE- The Secretary shall promulgate regulations to establish an efficient electronic process for the investigation and approval of an application for a certificate of registration of foreign labor contractors not later than 14 days after such application is filed, including--CommentsClose CommentsPermalink





`(I) requirements under paragraphs (1), (4), and (5) of section 102 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1812);CommentsClose CommentsPermalink





`(II) an expeditious means to update registrations and renew certificates; andCommentsClose CommentsPermalink





`(III) any other requirements that the Secretary may prescribe.CommentsClose CommentsPermalink





`(iii) TERM- Unless suspended or revoked, a certificate under this subparagraph shall be valid for 2 years.CommentsClose CommentsPermalink





`(iv) REFUSAL TO ISSUE; REVOCATION; SUSPENSION- In accordance with regulations promulgated by the Secretary of Labor, the Secretary may refuse to issue or renew, or may suspend or revoke, a certificate of registration under this subparagraph if--CommentsClose CommentsPermalink





`(I) the application or holder of the certification has knowingly made a material misrepresentation in the application for such certificate;CommentsClose CommentsPermalink





`(II) the applicant for, or holder of, the certification is not the real party in interest in the application or certificate of registration and the real party in interest--CommentsClose CommentsPermalink

`(aa) is a person who has been refused issuance or renewal of a certificate;CommentsClose CommentsPermalink

`(bb) has had a certificate suspended or revoked; orCommentsClose CommentsPermalink

`(cc) does not qualify for a certificate under this paragraph; orCommentsClose CommentsPermalink

`(III) the applicant for or holder of the certification has failed to comply with this Act.CommentsClose CommentsPermalink





`(C) REMEDY FOR VIOLATIONS- An employer engaging in foreign labor contracting activity and a foreign labor contractor that violates the provisions of this subsection shall be subject to remedies for foreign labor contractor violations under subsections (h) and (i). If a foreign labor contractor acting as an agent of an employer violates any provision of this subsection, the employer shall also be subject to remedies under subsections (h) and (i). An employer that violates a provision of this subsection relating to employer obligations shall be subject to remedies under subsections (h) and (i).CommentsClose CommentsPermalink





`(D) EMPLOYER NOTIFICATION- An employer shall notify the Secretary of Labor if the employer becomes aware of a violation of this subsection by a foreign labor recruiter.CommentsClose CommentsPermalink





`(E) WRITTEN AGREEMENTS- A foreign labor contractor may not violate the terms of any written agreements made with an employer relating to any contracting activity or worker protection under this subsection.CommentsClose CommentsPermalink





`(F) BONDING REQUIREMENT- The Secretary of Labor may require a foreign labor contractor to post a bond in an amount sufficient to ensure the protection of individuals recruited by the foreign labor contractor. The Secretary may consider the extent to which the foreign labor contractor has sufficient ties to the United States to adequately enforce this subsection.CommentsClose CommentsPermalink





`(i) Enforcement-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary of Labor shall promulgate regulations for the receipt, investigation, and disposition of complaints by an aggrieved person respecting a violation of this section.CommentsClose CommentsPermalink





`(2) FILING DEADLINE- No investigation or hearing shall be conducted on a complaint concerning a violation under this section unless the complaint was filed not later than 12 months after the date of such violation.CommentsClose CommentsPermalink





`(3) REASONABLE CAUSE- The Secretary of Labor shall conduct an investigation under this subsection if there is reasonable cause to believe that a violation of this section has occurred. The process established under this subsection shall provide that, not later than 30 days after a complaint is filed, the Secretary shall determine if there is reasonable cause to find such a violation.CommentsClose CommentsPermalink





`(4) NOTICE AND HEARING-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 60 days after the Secretary of Labor makes a determination of reasonable cause under paragraph (4), the Secretary shall issue a notice to the interested parties and offer an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code.CommentsClose CommentsPermalink





`(B) COMPLAINT- If the Secretary of Labor, after receiving a complaint under this subsection, does not offer the aggrieved party or organization an opportunity for a hearing under subparagraph (A), the Secretary shall notify the aggrieved party or organization of such determination and the aggrieved party or organization may seek a hearing on the complaint in accordance with such section 556.CommentsClose CommentsPermalink





`(C) HEARING DEADLINE- Not later than 60 days after the date of a hearing under this paragraph, the Secretary of Labor shall make a finding on the matter in accordance with paragraph (5).CommentsClose CommentsPermalink





`(5) Attorneys' FEES- A complainant who prevails with respect to a claim under this subsection shall be entitled to an award of reasonable attorneys' fees and costs.CommentsClose CommentsPermalink





`(6) POWER OF THE SECRETARY- The Secretary may bring an action in any court of competent jurisdiction--CommentsClose CommentsPermalink





`(A) to seek remedial action, including injunctive relief;CommentsClose CommentsPermalink





`(B) to recover the damages described in subsection (i); orCommentsClose CommentsPermalink





`(C) to ensure compliance with terms and conditions described in subsection (g).CommentsClose CommentsPermalink





`(7) SOLICITOR OF LABOR- Except as provided in section 518(a) of title 28, United States Code, the Solicitor of Labor may appear for and represent the Secretary of Labor in any civil litigation brought under this subsection. All such litigation shall be subject to the direction and control of the Attorney General.CommentsClose CommentsPermalink





`(8) PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES- The rights and remedies provided to workers under this section are in addition to any other contractual or statutory rights and remedies of the workers, and are not intended to alter or affect such rights and remedies.CommentsClose CommentsPermalink





`(j) Penalties-CommentsClose CommentsPermalink





`(1) IN GENERAL- If, after notice and an opportunity for a hearing, the Secretary of Labor finds a violation of subsection (b), (e), (f), or (g), the Secretary may impose administrative remedies and penalties, including--CommentsClose CommentsPermalink





`(A) back wages;CommentsClose CommentsPermalink





`(B) benefits; andCommentsClose CommentsPermalink





`(C) civil monetary penalties.CommentsClose CommentsPermalink





`(2) CIVIL PENALTIES- The Secretary of Labor may impose, as a civil penalty--CommentsClose CommentsPermalink





`(A) for a violation of subsection (e) or (f)--CommentsClose CommentsPermalink





`(i) a fine in an amount not to exceed $2,000 per violation per affected worker;CommentsClose CommentsPermalink





`(ii) if the violation was willful violation, a fine in an amount not to exceed $5,000 per violation per affected worker;CommentsClose CommentsPermalink





`(iii) if the violation was willful and if in the course of such violation a United States worker was harmed, a fine in an amount not to exceed $25,000 per violation per affected worker; andCommentsClose CommentsPermalink





`(B) for a violation of subsection (g)--CommentsClose CommentsPermalink





`(i) a fine in an amount not less than $500 and not more than $4,000 per violation per affected worker;CommentsClose CommentsPermalink





`(ii) if the violation was willful, a fine in an amount not less than $2,000 and not more than $5,000 per violation per affected worker; andCommentsClose CommentsPermalink





`(iii) if the violation was willful and if in the course of such violation a United States worker was harmed, a fine in an amount not less than $6,000 and not more than $35,000 per violation per affected worker.CommentsClose CommentsPermalink





`(3) USE OF CIVIL PENALTIES- All penalties collected under this subsection shall be deposited in the Treasury in accordance with section 286(w).CommentsClose CommentsPermalink





`(4) CRIMINAL PENALTIES- If a willful and knowing violation of subsection (g) causes extreme physical or financial harm to an individual, the person in violation of such subsection may be imprisoned for not more than 6 months, fined in an amount not more than $35,000, or both.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 218A, as added by section 403, the following:CommentsClose CommentsPermalink





`Sec. 218B. Employer obligations.'.CommentsClose CommentsPermalink

SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

(a) In General- Title II (8 U.S.C. 1151 et seq.) is amended by inserting after section 218B, as added by section 404, the following:CommentsClose CommentsPermalink

`SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

`(a) Establishment- The Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of State, and the Commission of Social Security, shall develop and implement a program (referred to in this section as the `alien employment management system') to manage and track the employment of aliens described in sections 218A and 218D.CommentsClose CommentsPermalink





`(b) Requirements- The alien employment management system shall--CommentsClose CommentsPermalink





`(1) provide employers who seek employees with an opportunity to recruit and advertise employment opportunities available to United States workers before hiring an H-2C nonimmigrant;CommentsClose CommentsPermalink





`(2) collect sufficient information from employers to enable the Secretary of Homeland Security to determine--CommentsClose CommentsPermalink





`(A) if the nonimmigrant is employed;CommentsClose CommentsPermalink





`(B) which employers have hired an H-2C nonimmigrant;CommentsClose CommentsPermalink





`(C) the number of H-2C nonimmigrants that an employer is authorized to hire and is currently employing;CommentsClose CommentsPermalink





`(D) the occupation, industry, and length of time that an H-2C nonimmigrant has been employed in the United States;CommentsClose CommentsPermalink





`(3) allow employers to request approval of multiple H-2C nonimmigrant workers; andCommentsClose CommentsPermalink





`(4) permit employers to submit applications under this section in an electronic form.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 218B, as added by section 404, the following:CommentsClose CommentsPermalink





`Sec. 218C. Alien employment management system.'.CommentsClose CommentsPermalink

SEC. 406. RULEMAKING; EFFECTIVE DATE.

(a) Rulemaking- Not later than 6 months after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations, in accordance with the notice and comment provisions of section 553 of title 5, United States Code, to carry out the provisions of sections 218A, 218B, and 218C, as added by this Act.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by sections 403, 404, and 405 shall take effect on the date that is 1 year after the date of the enactment of this Act with regard to aliens, who, on such effective date, are in the foreign country where they maintain residence.CommentsClose CommentsPermalink

SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.

(a) Electronic Job Registry- The Secretary of Labor shall establish a publicly accessible Web page on the Internet website of the Department of Labor that provides a single Internet link to each State workforce agency's statewide electronic registry of jobs available throughout the United States to United States workers.CommentsClose CommentsPermalink





(b) Recruitment of United States Workers-CommentsClose CommentsPermalink





(1) POSTING- An employer shall attest that the employer has posted an employment opportunity at a prevailing wage level (as described in section 218B(b)(2)(C) of the Immigration and Nationality Act).CommentsClose CommentsPermalink





(2) RECORDS- An employer shall maintain records for not less than 1 year after the date on which an H-2C nonimmigrant is hired that describe the reasons for not hiring any of the United States workers who may have applied for such position.CommentsClose CommentsPermalink





(c) Oversight and Maintenance of Records- The Secretary of Labor shall promulgate regulations regarding the maintenance of electronic job registry records for the purpose of audit or investigation.CommentsClose CommentsPermalink





(d) Access to Electronic Job Registry- The Secretary of Labor shall ensure that job opportunities advertised on an electronic job registry established under this section are accessible--CommentsClose CommentsPermalink





(1) by the State workforce agencies, which may further disseminate job opportunity information to other interested parties; andCommentsClose CommentsPermalink





(2) through the Internet, for access by workers, employers, labor organizations, and other interested parties.CommentsClose CommentsPermalink

SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM TASK FORCE.

(a) Establishment- There is established a task force to be known as the `Temporary Worker Task Force' (referred to in this section as the `Task Force').CommentsClose CommentsPermalink





(b) Purposes- The purposes of the Task Force are--CommentsClose CommentsPermalink





(1) to study the impact of the admission of aliens under section 101(a)(15)(H)(ii)(c) on the wages, working conditions, and employment of United States workers; andCommentsClose CommentsPermalink





(2) 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)(H)(ii)(c).CommentsClose CommentsPermalink





(c) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- The Task Force shall be composed of 10 members, of whom--CommentsClose CommentsPermalink





(A) 1 shall be appointed by the President and shall serve as chairman of the Task Force;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) 2 shall be appointed by the majority leader of the Senate;CommentsClose CommentsPermalink





(D) 2 shall be appointed by the minority leader of the Senate;CommentsClose CommentsPermalink





(E) 2 shall be appointed by the Speaker of the House of Representatives; andCommentsClose CommentsPermalink





(F) 2 shall be appointed by the minority leader of the House of Representatives.CommentsClose CommentsPermalink





(2) DEADLINE FOR APPOINTMENT- All members of the Task Force shall be appointed not later than 6 months after the date of the enactment of this Act.CommentsClose CommentsPermalink





(3) 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.CommentsClose CommentsPermalink





(4) QUORUM- Six members of the Task Force shall constitute a quorum.CommentsClose CommentsPermalink





(d) Qualifications-CommentsClose CommentsPermalink





(1) IN GENERAL- Members of the Task Force shall be--CommentsClose CommentsPermalink





(A) individuals with expertise in economics, demography, labor, business, or immigration or other pertinent qualifications or experience; andCommentsClose CommentsPermalink





(B) representative of a broad cross-section of perspectives within the United States, including the public and private sectors and academia.CommentsClose CommentsPermalink





(2) POLITICAL AFFILIATION- Not more than 5 members of the Task Force may be members of the same political party.CommentsClose CommentsPermalink





(3) 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.CommentsClose CommentsPermalink





(e) Meetings-CommentsClose CommentsPermalink





(1) INITIAL MEETING- The Task Force shall meet and begin the operations of the Task Force as soon as practicable.CommentsClose CommentsPermalink





(2) SUBSEQUENT MEETINGS- After its initial meeting, the Task Force shall meet upon the call of the chairman or a majority of its members.CommentsClose CommentsPermalink





(f) Report- Not later than 18 months after the date of the enactment of this Act, the Task Force shall submit, to Congress, the Secretary of Labor, and the Secretary, a report that contains--CommentsClose CommentsPermalink





(1) findings with respect to the duties of the Task Force; andCommentsClose CommentsPermalink





(2) recommendations for imposing a numerical limit.CommentsClose CommentsPermalink





(g) Numerical Limitations- Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)(vii), by striking `or' at the end;CommentsClose CommentsPermalink





(2) in subparagraph (B), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(C) under section 101(a)(15)(H)(ii)(c) may not exceed 200,000.'.CommentsClose CommentsPermalink





(h) Adjustment to Lawful Permanent Resident Status- Section 245 (8 U.S.C. 1255) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(n)(1) For purposes of adjustment of status under subsection (a), employment-based immigrant visas shall be made available, subject to the numerical limitations set out in sections 201(d) and 203(b), 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--CommentsClose CommentsPermalink





`(A) by the alien's employer; orCommentsClose CommentsPermalink





`(B) by the alien, if--CommentsClose CommentsPermalink





`(i) the alien has been employed in H-2C status for a cumulative period of not less than 4 years;CommentsClose CommentsPermalink





`(ii) an employer attests that the employer will employ the alien in the offered job position;CommentsClose CommentsPermalink





`(iii) the Secretary of Labor determines and certifies that there are not sufficient United States workers who are able, willing, qualified, and available to fill the job position; orCommentsClose CommentsPermalink





`(iv) the Secretary of Labor determines and certifies that there are not sufficient United States workers who are able, willing, qualified, and available to fill the position in which the alien is, or will be, employed; andCommentsClose CommentsPermalink





`(v) the alien submits at least 2 documents to establish current employment, as follows:CommentsClose CommentsPermalink





`(I) Records maintained by the Social Security Administration.CommentsClose CommentsPermalink





`(II) Records maintained by the alien's employer, such as pay stubs, time sheets, or employment work verification.CommentsClose CommentsPermalink





`(III) Records maintained by the Internal Revenue Service.CommentsClose CommentsPermalink





`(IV) Records maintained by any other government agency, such as worker compensation records, disability records, or business licensing records.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) is physically present in the United States; andCommentsClose CommentsPermalink





`(B) establishes that the alien meets the requirements of section 312.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

(a) In General- The Secretary of State, in cooperation with the Secretary and the Attorney General, shall negotiate with each home country of aliens described in section 101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act, as added by section 402, to enter into a bilateral agreement with the United States that conforms to the requirements under subsection (b).CommentsClose CommentsPermalink





(b) Requirements of Bilateral Agreements- Each agreement negotiated under subsection (a) shall require the participating home country to--CommentsClose CommentsPermalink





(1) accept the return of nationals who are ordered removed from the United States within 3 days of such removal;CommentsClose CommentsPermalink





(2) cooperate with the United States Government to--CommentsClose CommentsPermalink





(A) identify, track, and reduce gang membership, violence, and human trafficking and smuggling; andCommentsClose CommentsPermalink





(B) control illegal immigration;CommentsClose CommentsPermalink





(3) provide the United States Government with--CommentsClose CommentsPermalink





(A) passport information and criminal records of aliens who are seeking admission to, or are present in, the United States; andCommentsClose CommentsPermalink





(B) admission and entry data to facilitate United States entry-exit data systems; andCommentsClose CommentsPermalink





(4) educate nationals of the home country regarding United States temporary worker programs to ensure that such nationals are not exploited; andCommentsClose CommentsPermalink





(5) evaluate means to provide housing incentives in the alien's home country for returning workers.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in clause (i)--CommentsClose CommentsPermalink





(A) by striking `Attorney General' each place that term appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink





(B) in subclause (I), by inserting before the semicolon, `, including a criminal enterprise undertaken by a foreign government, its agents, representatives, or officials';CommentsClose CommentsPermalink





(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'; andCommentsClose CommentsPermalink





(D) by striking `or' at the end; andCommentsClose CommentsPermalink





(2) in clause (ii)--CommentsClose CommentsPermalink





(A) by striking `Attorney General' and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(B) by striking `1956,' and all that follows through `the alien;' and inserting the following: `1956; orCommentsClose CommentsPermalink





`(iii) who the Secretary of Homeland Security and the Secretary of State, in consultation with the Director of Central Intelligence, jointly determine--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`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;'.CommentsClose CommentsPermalink





(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.'.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) CONTENT- Paragraph (4) of section 214(k) (8 U.S.C. 1184(k)) is amended--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking `The Attorney General' and inserting `The Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(ii) by striking `concerning--' and inserting `that includes--';CommentsClose CommentsPermalink





(B) in subparagraph (D), by striking `and';CommentsClose CommentsPermalink





(C) in subparagraph (E), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





(D) by inserting at the end the following:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) the reasons why the number of such nonimmigrants admitted is fewer than 25 percent of that provided for by law;CommentsClose CommentsPermalink





`(ii) the efforts made by the Secretary of Homeland Security to admit such nonimmigrants; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(2) FORM OF REPORT- Section 214(k) (8 U.S.C. 1184(k)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

SEC. 411. L VISA LIMITATIONS.

Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended--CommentsClose CommentsPermalink





(1) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink





(2) in subparagraph (E), by striking `In the case' and inserting `Except as provided in subparagraph (H), in the case'; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) a business plan;CommentsClose CommentsPermalink





`(II) sufficient physical premises to carry out the proposed business activities; andCommentsClose CommentsPermalink





`(III) the financial ability to commence doing business immediately upon the approval of the petition.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) evidence that the importing employer meets the requirements of this subsection;CommentsClose CommentsPermalink





`(II) evidence that the beneficiary meets the requirements of section 101(a)(15)(L);CommentsClose CommentsPermalink





`(III) a statement summarizing the original petition;CommentsClose CommentsPermalink





`(IV) evidence that the importing employer has fully complied with the business plan submitted under clause (i);CommentsClose CommentsPermalink





`(V) evidence of the truthfulness of any representations made in connection with the filing of the original petition;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(VIII) a statement describing the staffing at the new facility, including the number of employees and the types of positions held by such employees;CommentsClose CommentsPermalink





`(IX) evidence of wages paid to employees if the beneficiary will be employed in a managerial or executive capacity;CommentsClose CommentsPermalink





`(X) evidence of the financial status of the new facility; andCommentsClose CommentsPermalink





`(XI) any other evidence or data prescribed by the Secretary.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(ii) A spouse described in clause (i) may be provided employment authorization upon the approval of an extension under subparagraph (G)(ii).CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

SEC. 412. COMPLIANCE INVESTIGATORS.

The Secretary of Labor shall, subject to the availability of appropriations for such purpose, annually increase, by not less than 2,000, the number of positions for compliance investigators dedicated to enforcing compliance with this title, and the amendments made by this title.CommentsClose CommentsPermalink

SEC. 413. VISA WAIVER PROGRAM EXPANSION.

Section 217(c) (8 U.S.C. 1187(c)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(8) PROBATIONARY ADMISSION-CommentsClose CommentsPermalink





`(A) DEFINITION OF MATERIAL SUPPORT- In this paragraph, the term `material support' means the current provision of the equivalent of, but not less than, a battalion (which consists of 300 to 1,000 military personnel) to Operation Iraqi Freedom or Operation Enduring Freedom to provide training, logistical or tactical support, or a military presence.CommentsClose CommentsPermalink





`(B) DESIGNATION AS A PROGRAM COUNTRY- Notwithstanding any other provision of this section, a country may be designated as a program country, on a probationary basis, under this section if--CommentsClose CommentsPermalink





`(i) the country is a member of the European Union;CommentsClose CommentsPermalink





`(ii) the country is providing material support to the United States or the multilateral forces in Afghanistan or Iraq, as determined by the Secretary of Defense, in consultation with the Secretary of State; andCommentsClose CommentsPermalink





`(iii) the Secretary of Homeland Security, in consultation with the Secretary of State, determines that participation of the country in the visa waiver program under this section does not compromise the law enforcement interests of the United States.CommentsClose CommentsPermalink





`(C) REFUSAL RATES; OVERSTAY RATES- The determination under subparagraph (B)(iii) shall only take into account any refusal rates or overstay rates after the expiration of the first full year of the country's admission into the European Union.CommentsClose CommentsPermalink





`(D) FULL COMPLIANCE- Not later than 2 years after the date of a country's designation under subparagraph (B), the country--CommentsClose CommentsPermalink





`(i) shall be in full compliance with all applicable requirements for program country status under this section; orCommentsClose CommentsPermalink





`(ii) shall have its program country designation terminated.CommentsClose CommentsPermalink





`(E) EXTENSIONS- The Secretary of State may extend, for a period not to exceed 2 years, the probationary designation granted under subparagraph (B) if the country--CommentsClose CommentsPermalink





`(i) is making significant progress towards coming into full compliance with all applicable requirements for program country status under this section;CommentsClose CommentsPermalink





`(ii) is likely to achieve full compliance before the end of such 2-year period; andCommentsClose CommentsPermalink





`(iii) continues to be an ally of the United States against terrorist states, organizations, and individuals, as determined by the Secretary of Defense, in consultation with the Secretary of State.'.CommentsClose CommentsPermalink

SEC. 414. 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.CommentsClose CommentsPermalink

Subtitle B--Immigration Injunction Reform

SEC. 421. SHORT TITLE.

This subtitle may be cited as the `Fairness in Immigration Litigation Act of 2007'.CommentsClose CommentsPermalink

SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

(a) Requirements for an Order Granting Prospective Relief Against the Government-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) limit the relief to the minimum necessary to correct the violation of law;CommentsClose CommentsPermalink





(B) adopt the least intrusive means to correct the violation of law;CommentsClose CommentsPermalink





(C) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety, andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) makes the findings required under paragraph (1) for the entry of permanent prospective relief; andCommentsClose CommentsPermalink





(B) makes the order final before expiration of such 90-day period.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Procedure for Motion Affecting Order Granting Prospective Relief Against the Government-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) AUTOMATIC STAYS-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) POSTPONEMENT- The court, for good cause, may postpone an automatic stay under subparagraph (A) for not longer than 15 days.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) treated as an order refusing to vacate, modify, dissolve or otherwise terminate an injunction; andCommentsClose CommentsPermalink





(ii) immediately appealable under section 1292(a)(1) of title 28, United States Code.CommentsClose CommentsPermalink





(c) Settlements-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Definitions- In this section:CommentsClose CommentsPermalink





(1) CONSENT DECREE- The term `consent decree'--CommentsClose CommentsPermalink





(A) means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties; andCommentsClose CommentsPermalink





(B) does not include private settlements.CommentsClose CommentsPermalink





(2) GOOD CAUSE- The term `good cause' does not include discovery or congestion of the court's calendar.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) PERMANENT RELIEF- The term `permanent relief' means relief issued in connection with a final decision of a court.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) PROSPECTIVE RELIEF- The term `prospective relief' means temporary, preliminary, or permanent relief other than compensatory monetary damages.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Automatic Stay for Pending Motions-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) was pending for 45 days as of the date of the enactment of this Act; andCommentsClose CommentsPermalink





(B) is still pending on the date which is 10 days after such date of enactment.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

TITLE V--BACKLOG REDUCTION

Subtitle A--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:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) 480,000;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(3) the difference between--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) the number of visas calculated under subparagraph (A) that were issued after fiscal year 2005.'.CommentsClose CommentsPermalink





(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:CommentsClose CommentsPermalink





`(d) Worldwide Level of Employment-Based Immigrants-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A)(i) 450,000, for each of the fiscal years 2008 through 2017; orCommentsClose CommentsPermalink





`(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(C) the difference between--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005.CommentsClose CommentsPermalink





`(2) VISAS FOR SPOUSES AND CHILDREN-CommentsClose CommentsPermalink





`(A) IN GENERAL- Except as provided in subparagraph (B), 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).CommentsClose CommentsPermalink





`(B) NUMERICAL LIMITATION- The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.CommentsClose CommentsPermalink





`(C) CONSTRUCTION- Nothing in this paragraph may be construed to modify the requirement set out in 245B(a)(1)(I) or 245C(i)(2)(A) that prohibit an alien from receiving an adjustment of status to that of a legal permanent resident prior to the consideration of all applications filed under section 201, 202, or 203 before the date of enactment of section 245B and 245C.'.CommentsClose CommentsPermalink

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'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) 10 percent of such worldwide level; andCommentsClose CommentsPermalink





`(B) any visas not required for the class specified in paragraph (4).CommentsClose CommentsPermalink





`(2) SPOUSES AND UNMARRIED SONS AND DAUGHTERS OF PERMANENT RESIDENT ALIENS-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) the spouses or children of an alien lawfully admitted for permanent residence; orCommentsClose CommentsPermalink





`(ii) the unmarried sons or daughters of an alien lawfully admitted for permanent residence.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) 10 percent of such worldwide level; andCommentsClose CommentsPermalink





`(B) any visas not required for the classes specified in paragraphs (1) and (2).CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(b) Preference Allocation for Employment-Based Immigrants- Section 203(b) (8 U.S.C. 1153(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking `28.6 percent' and inserting `15 percent';CommentsClose CommentsPermalink





(2) in paragraph (2)(A), by striking `28.6 percent' and inserting `15 percent';CommentsClose CommentsPermalink





(3) in paragraph (3)(A)--CommentsClose CommentsPermalink





(A) by striking `28.6 percent' and inserting `35 percent'; andCommentsClose CommentsPermalink





(B) by striking clause (iii);CommentsClose CommentsPermalink





(4) by striking paragraph (4);CommentsClose CommentsPermalink





(5) by redesignating paragraph (5) as paragraph (4);CommentsClose CommentsPermalink





(6) in paragraph (4)(A), as redesignated, by striking `7.1 percent' and inserting `5 percent';CommentsClose CommentsPermalink





(7) by inserting after paragraph (4), as redesignated, the following:CommentsClose CommentsPermalink





`(5) OTHER WORKERS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) PRIORITY IN ALLOCATING VISAS- In allocating visas under subparagraph (A) for each of the fiscal years 2007 through 2017, the Secretary shall reserve 30 percent of such visas for qualified immigrants who were physically present in the United States before January 7, 2004.'; andCommentsClose CommentsPermalink





(8) by striking paragraph (6).CommentsClose CommentsPermalink





(c) Special Immigrants Not Subject to Numerical Limitations- Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) is amended by striking `subparagraph (A) or (B) of'.CommentsClose CommentsPermalink





(d) Conforming Amendments-CommentsClose CommentsPermalink





(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),'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 504. RELIEF FOR MINOR CHILDREN AND WIDOWS.

(a) In General- Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended to read as follows:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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 or, if married for less than 2 years at the time of the citizen's death, proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit 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--CommentsClose CommentsPermalink





`(I) 2 years after such date; orCommentsClose CommentsPermalink





`(II) the date on which the spouse remarries.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.'.CommentsClose CommentsPermalink





(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)'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





`(F)(i) During the period beginning on the date of the enactment the Comprehensive Immigration Reform Act of 2007, and ending on September 30, 2017, an alien--CommentsClose CommentsPermalink





`(I) who is otherwise described in section 203(b); andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(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)'.CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(d) Increasing the Domestic Supply of Nurses and Physical Therapists- Not later than January 1, 2007, the Secretary of Health and Human Services shall--CommentsClose CommentsPermalink





(1) submit to Congress a report on the source of newly licensed nurses and physical therapists in each State, which report shall--CommentsClose CommentsPermalink





(A) include the past 3 years for which data are available;CommentsClose CommentsPermalink





(B) provide separate data for each occupation and for each State;CommentsClose CommentsPermalink





(C) separately identify those receiving their initial license and those licensed by endorsement from another State;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(F) identify the barriers to increasing the supply of nursing faculty, domestically trained nurses, and domestically trained physical therapists;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(H) recommend amendments to Federal legislation that would increase the supply of nursing faculty, domestically trained nurses, and domestically trained physical therapists;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(J) identify the effects of nurse emigration on the health care systems in their countries of origin; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) address health worker shortages caused by emigration;CommentsClose CommentsPermalink





(B) ensure that there is sufficient human resource planning or other technical assistance needed to reduce further health worker shortages in such countries.CommentsClose CommentsPermalink

SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

(a) Short Title- This section may be cited as the `Widows and Orphans Act of 2007'.CommentsClose CommentsPermalink





(b) New Special Immigrant Category-CommentsClose CommentsPermalink





(1) CERTAIN CHILDREN AND WOMEN AT RISK OF HARM- Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (L), by inserting a semicolon at the end;CommentsClose CommentsPermalink





(B) in subparagraph (M), by striking the period at the end and inserting `; or'; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(N) subject to subsection (j), an immigrant who is not present in the United States--CommentsClose CommentsPermalink





`(i) who is--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(II) determined by such official to be a minor under 18 years of age (as determined under subsection (j)(5))--CommentsClose CommentsPermalink

`(aa) for whom no parent or legal guardian is able to provide adequate care;CommentsClose CommentsPermalink

`(bb) who faces a credible fear of harm related to his or her age;CommentsClose CommentsPermalink

`(cc) who lacks adequate protection from such harm; andCommentsClose CommentsPermalink

`(dd) for whom it has been determined to be in his or her best interests to be admitted to the United States; orCommentsClose CommentsPermalink

`(ii) who is--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(II) determined by such official to be a female who has--CommentsClose CommentsPermalink

`(aa) a credible fear of harm related to her sex; andCommentsClose CommentsPermalink

`(bb) a lack of adequate protection from such harm.'.CommentsClose CommentsPermalink

(2) STATUTORY CONSTRUCTION- Section 101 (8 U.S.C. 1101) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).'.CommentsClose CommentsPermalink





(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))--CommentsClose CommentsPermalink





(A) special immigrant status shall be adjudicated; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) data related to the implementation of this section and the amendments made by this section;CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(C) any other information that the Secretary considers appropriate.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Requirements for Aliens-CommentsClose CommentsPermalink





(1) REQUIREMENT PRIOR TO ENTRY INTO THE UNITED STATES-CommentsClose CommentsPermalink





(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 United States on criminal, security, or related grounds.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) REQUIREMENT AFTER ENTRY INTO THE UNITED STATES-CommentsClose CommentsPermalink





(A) REQUIREMENT TO SUBMIT FINGERPRINTS-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(D) ADMINISTRATIVE AND JUDICIAL REVIEW-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(iii) JUDICIAL REVIEW- There may be no judicial review of a determination described in clause (i).CommentsClose CommentsPermalink

SEC. 507. STUDENT VISAS.

(a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--CommentsClose CommentsPermalink





(1) in clause (i)--CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





`(I)';CommentsClose CommentsPermalink





(B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';CommentsClose CommentsPermalink





(C) by striking the comma at the end and inserting the following: `; orCommentsClose CommentsPermalink





`(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;';CommentsClose CommentsPermalink





(2) in clause (ii)--CommentsClose CommentsPermalink





(A) by inserting `or (iv)' after `clause (i)'; andCommentsClose CommentsPermalink





(B) by striking `, and' and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(v) an alien who maintains actual residence and place of abode in the alien's country of nationality, who is described in clause (i), except that the alien's actual course of study may involve a distance learning program, for which the alien is temporarily visiting the United States for a period not to exceed 30 days.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(J) an alien with a residence in a foreign country that (except in the case of an alien described in clause (ii)) 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--CommentsClose CommentsPermalink





`(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 Secretary of State, 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; orCommentsClose CommentsPermalink





`(ii) has been accepted and plans to attend an accredited graduate program in the sciences, technology, engineering, or mathematics in the United States for the purpose of obtaining an advanced degree.'.CommentsClose CommentsPermalink





(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)'.CommentsClose CommentsPermalink





(d) Requirements for F-4 or J-STEM Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--CommentsClose CommentsPermalink





(1) by inserting before paragraph (1) the following:CommentsClose CommentsPermalink





`(e) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(3) A visa issued to an alien under subparagraph (F)(iv) or (J)(ii) of section 101(a)(15) shall be valid--CommentsClose CommentsPermalink





`(A) during the intended period of study in a graduate program described in such section;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(e) Waiver of Foreign Residence Requirement- Section 212(e) (8 U.S.C. 1182(e)) is amended--CommentsClose CommentsPermalink





(1) by inserting `(1)' before `No person';CommentsClose CommentsPermalink





(2) by striking `admission (i) whose' and inserting the following: `admission--CommentsClose CommentsPermalink





`(A) whose';CommentsClose CommentsPermalink





(3) by striking `residence, (ii) who' and inserting the following `residence;CommentsClose CommentsPermalink





`(B) who';CommentsClose CommentsPermalink





(4) by striking `engaged, or (iii) who' and inserting the following: `engaged; orCommentsClose CommentsPermalink





`(C) who';CommentsClose CommentsPermalink





(5) by striking `training, shall' and inserting the following: `training,CommentsClose CommentsPermalink





`shall';CommentsClose CommentsPermalink





(6) by striking `United States: Provided, That upon' and inserting the following: `United States.CommentsClose CommentsPermalink





`(2) Upon';'CommentsClose CommentsPermalink





(7) by striking `section 214(l): And provided further, That, except' and inserting the following: `section 214(l);CommentsClose CommentsPermalink





`(3) Except'; andCommentsClose CommentsPermalink





(8) by adding at the end the following:CommentsClose CommentsPermalink





`(4) An alien who has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(J)(ii), or who would have qualified for such nonimmigrant status if section 101(a)(15)(J)(ii) had been enacted before the completion of such alien's graduate studies, shall not be subject to the 2-year foreign residency requirement under this subsection.'CommentsClose CommentsPermalink





(f) Off Campus Work Authorization for Foreign Students-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the alien has enrolled full-time at the educational institution and is maintaining good academic standing;CommentsClose CommentsPermalink





(B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--CommentsClose CommentsPermalink





(i) has spent at least 21 days recruiting United States citizens to fill the position; andCommentsClose CommentsPermalink





(ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--CommentsClose CommentsPermalink





(I) the actual wage level for the occupation at the place of employment; orCommentsClose CommentsPermalink





(II) the prevailing wage level for the occupation in the area of employment; andCommentsClose CommentsPermalink





(C) the alien will not be employed more than--CommentsClose CommentsPermalink





(i) 20 hours per week during the academic term; orCommentsClose CommentsPermalink





(ii) 40 hours per week during vacation periods and between academic terms.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(g) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:CommentsClose CommentsPermalink





`(a) Authorization-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) the alien makes an application for such adjustment;CommentsClose CommentsPermalink





`(B) the alien is eligible to receive an immigrant visa;CommentsClose CommentsPermalink





`(C) the alien is admissible to the United States for permanent residence; andCommentsClose CommentsPermalink





`(D) an immigrant visa is immediately available to the alien at the time the application is filed.CommentsClose CommentsPermalink





`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(D), an alien may file an application for adjustment of status under this section if--CommentsClose CommentsPermalink





`(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 the completion of such alien's graduate studies;CommentsClose CommentsPermalink





`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;CommentsClose CommentsPermalink





`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); andCommentsClose CommentsPermalink





`(D) a fee of $2,000 is remitted to the Secretary on behalf of the alien.CommentsClose CommentsPermalink





`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(6) EMPLOYMENT AUTHORIZATIONS AND ADVANCED PAROLE TRAVEL DOCUMENTATION- The Attorney General shall--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.'CommentsClose CommentsPermalink





(h) Use of Fees-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.CommentsClose CommentsPermalink





(2) APPLICABILITY- The amendment made by paragraph (1) shall apply to any visa application--CommentsClose CommentsPermalink





(A) pending on the date of the enactment of this Act; orCommentsClose CommentsPermalink





(B) filed on or after such date of enactment.CommentsClose CommentsPermalink





(b) Labor Certification- Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--CommentsClose CommentsPermalink





(1) in subclause (I), by striking `or' at the end;CommentsClose CommentsPermalink





(2) in subclause (II), by striking the period at the end and inserting `; or'; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(c) Temporary Workers- Section 214(g) (8 U.S.C. 1184(g)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking `(beginning with fiscal year 1992)'; andCommentsClose CommentsPermalink





(B) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, 2006, and 2007;'; andCommentsClose CommentsPermalink





(ii) by adding after clause (vii) the following:CommentsClose CommentsPermalink





`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; andCommentsClose CommentsPermalink





`(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';CommentsClose CommentsPermalink





(2) in paragraph (5)--CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking `or' at the end;CommentsClose CommentsPermalink





(B) in subparagraph (C), by striking the period at the end and inserting `; or'; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(D) has earned an advanced degree in science, technology, engineering, or math.';CommentsClose CommentsPermalink





(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; andCommentsClose CommentsPermalink





(4) by inserting after paragraph (8) the following:CommentsClose CommentsPermalink





`(9) If the numerical limitation in paragraph (1)(A)--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(d) Applicability- The amendment made by subsection (c)(2) shall apply to any visa application--CommentsClose CommentsPermalink





(1) pending on the date of the enactment of this Act; orCommentsClose CommentsPermalink





(2) filed on or after such date of enactment.CommentsClose CommentsPermalink





(e) Worldwide Level of Immigrants With Advanced Degrees- Section 201 (8 U.S.C. 1151) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(3), by inserting `and immigrants with advanced degrees' after `diversity immigrants'; andCommentsClose CommentsPermalink





(2) by amending subsection (e) to read as follows:CommentsClose CommentsPermalink





`(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees-CommentsClose CommentsPermalink





`(1) DIVERSITY IMMIGRANTS- The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(f) Immigrants With Advanced Degrees- Section 203 (8 U.S.C. 1153(c)) is amended--CommentsClose CommentsPermalink





(1) in subsection (c)--CommentsClose CommentsPermalink





(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)';CommentsClose CommentsPermalink





(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;CommentsClose CommentsPermalink





(C) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





`(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING-CommentsClose CommentsPermalink





`(A) IN GENERAL- Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





(D) in paragraph (3), as redesignated, by striking `this subsection' each place it appears and inserting `paragraph (1)'; andCommentsClose CommentsPermalink





(E) by amending paragraph (4), as redesignated, to read as follows:CommentsClose CommentsPermalink





`(4) MAINTENANCE OF INFORMATION-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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).'; andCommentsClose CommentsPermalink





(2) in subsection (e)--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking `(c)' and inserting `(c)(1)';CommentsClose CommentsPermalink





(B) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink





(C) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





`(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(g) Effective Date- The amendments made by subsections (e) and (f) shall take effect on October 1, 2007.CommentsClose CommentsPermalink

SEC. 509. CHILDREN OF FILIPINO WORLD WAR II VETERANS.

Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 505 and 508, is further amended by adding at the end the following:CommentsClose CommentsPermalink





`(J) Aliens who are eligible for a visa under paragraph (1) or (3) of section 203(a) and are the children of a citizen of the United States who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note).'.CommentsClose CommentsPermalink

SEC. 510. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF EXTRAORDINARY ARTISTIC ABILITY.

Section 214(c) (8 U.S.C. 1184(c)) is amended--CommentsClose CommentsPermalink





(1) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(2) in paragraph (6)(D)--CommentsClose CommentsPermalink





(A) by Striking `Any person' and inserting `(i) Except as provided in clause (ii), any person'; andCommentsClose CommentsPermalink





(B) adding at the end the following:CommentsClose CommentsPermalink





`(ii) The Secretary of Homeland Security shall adjudicate each petition for an alien with extraordinary ability in the arts (as described in section 101(a)(15)(O)(i)), an alien accompanying such an alien (as described in clauses (ii) and (iii) of section 101(a)(15)(O)), or an alien described in section 101(a)(15)(P) not later than 30 days after--CommentsClose CommentsPermalink





`(I) the date on which the petitioner submits the petition with a written advisory opinion, letter of no objection, or request for a waiver; orCommentsClose CommentsPermalink





`(II) the date on which the 15-day period described in clause (i) has expired, if the petitioner has had an opportunity, as appropriate, to supply rebuttal evidence.CommentsClose CommentsPermalink





`(iii) If a petition described in clause (ii) is not adjudicated before the end of the 30-day period described in clause (ii) and the petitioner is a qualified nonprofit organization or an individual or entity petitioning primarily on behalf of a qualified nonprofit organization, the Secretary of Homeland Security shall provide the petitioner with the premium-processing services referred to in section 286(u), without a fee.'.CommentsClose CommentsPermalink

SEC. 511. POWERLINE WORKERS.

Section 214(e) (8 U.S.C. 1184(e)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(7) A citizen of Canada who is a powerline worker, who has received significant training, and who seeks admission to the United States to perform powerline repair and maintenance services shall be admitted in the same manner and under the same authority as a citizen of Canada described in paragraph (2).'.CommentsClose CommentsPermalink

SEC. 512. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE HAITIAN REFUGEE IMMIGRATION 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:CommentsClose CommentsPermalink





`(3) DETERMINATIONS WITH RESPECT TO CHILDREN-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) APPLICATION SUBMISSION BY PARENT- Notwithstanding paragraph (1)(C), an application under this subsection filed based on status as a child may be filed for 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.'.CommentsClose CommentsPermalink





(b) New Applications and Motions To Reopen-CommentsClose CommentsPermalink





(1) NEW APPLICATIONS- Notwithstanding section 902(a)(1)(A) of the Haitian Refugee Immigration 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--CommentsClose CommentsPermalink





(A) 2 years after the date of the enactment of this Act; orCommentsClose CommentsPermalink





(B) 1 year after the date on which final regulations implementing this section, and the amendment made by subsection (a), are promulgated.CommentsClose CommentsPermalink





(2) MOTIONS TO REOPEN- The Secretary 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 amendment made by subsection (a).CommentsClose CommentsPermalink





(3) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS- Section 902(a)(3) of the Haitian Refugee Immigration 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 prior to April 1, 2000.CommentsClose CommentsPermalink





(c) 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),'.CommentsClose CommentsPermalink

Subtitle B--SKIL Act of 2007

SEC. 521. SHORT TITLE.

This subtitle may be cited as the `Securing Knowledge, Innovation, and Leadership Act of 2007' or the `SKIL Act of 2007'CommentsClose CommentsPermalink

SEC. 522. H-1B VISA HOLDERS.

(a) In General- Section 214(g)(5) (8 U.S.C. 1184(g)(5)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B)--CommentsClose CommentsPermalink





(A) by striking `nonprofit research' and inserting `nonprofit';CommentsClose CommentsPermalink





(B) by inserting `Federal, State, or local' before `governmental'; andCommentsClose CommentsPermalink





(C) by striking `or' at the end;CommentsClose CommentsPermalink





(2) in subparagraph (C)--CommentsClose CommentsPermalink





(A) by striking `a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))),' and inserting `an institution of higher education in a foreign country,'; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink





(3) by adding at the end, the following new subparagraphs:CommentsClose CommentsPermalink





`(D) has earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));CommentsClose CommentsPermalink





`(E) has been awarded medical specialty certification based on post-doctoral training and experience in the United States; or'.CommentsClose CommentsPermalink





(b) Applicability- The amendments made by subsection (a) shall apply to any petition or visa application pending on the date of enactment of this Act and any petition or visa application filed on or after such date.CommentsClose CommentsPermalink

SEC. 523. MARKET-BASED VISA LIMITS.

Section 214(g) (8 U.S.C. 1184(g)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by striking `(beginning with fiscal year 1992)'; andCommentsClose CommentsPermalink





(B) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in clause (vi) by striking `and';CommentsClose CommentsPermalink





(ii) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, 2006, and 2007;'; andCommentsClose CommentsPermalink





(iii) by adding after clause (vii) the following:CommentsClose CommentsPermalink





`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of the SKIL Act of 2007; andCommentsClose CommentsPermalink





`(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';CommentsClose CommentsPermalink





(2) in paragraph (8), by striking subparagraphs (B)(iv) and (D);CommentsClose CommentsPermalink





(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; andCommentsClose CommentsPermalink





(4) by inserting after paragraph (8) the following:CommentsClose CommentsPermalink





`(9) If the numerical limitation in paragraph (1)(A)--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

SEC. 524. UNITED STATES EDUCATED IMMIGRANTS.

(a) In General- Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(F) Aliens who have earned a master's or higher degree from an accredited United States university.CommentsClose CommentsPermalink





`(G) Aliens who have been awarded medical specialty certification based on post-doctoral training and experience in the United States preceding their application for an immigrant visa under section 203(b).CommentsClose CommentsPermalink





`(H) Aliens who will perform labor in shortage occupations designated by the Secretary of Labor for blanket certification under section 212(a)(5)(A) as lacking 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.CommentsClose CommentsPermalink





`(I) Aliens who have earned a master's degree or higher in science, technology, engineering, or math and have been working in a related field in the United States in a nonimmigrant status during the 3-year period preceding their application for an immigrant visa under section 203(b).CommentsClose CommentsPermalink





`(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who have received a national interest waiver under section 203(b)(2)(B).CommentsClose CommentsPermalink





`(K) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.CommentsClose CommentsPermalink





(b) Labor Certifications- Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--CommentsClose CommentsPermalink





(1) by striking `or' at the end of subclause (I);CommentsClose CommentsPermalink





(2) by striking the period at the end of subclause (II) and inserting `; or'; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'.CommentsClose CommentsPermalink

SEC. 525. STUDENT VISA REFORM.

(a) In General-CommentsClose CommentsPermalink





(1) NONIMMIGRANT CLASSIFICATION- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended to read as follows:CommentsClose CommentsPermalink





`(F) an alien--CommentsClose CommentsPermalink





`(i) who--CommentsClose CommentsPermalink





`(I) is a bona fide student qualified to pursue a full course of study in mathematics, engineering, technology, or the sciences leading to a bachelors or graduate degree and who seeks to enter the United States for the purpose of pursuing such a course of study consistent with section 214(m) at an institution of higher education (as defined by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Secretary the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn; orCommentsClose CommentsPermalink





`(II) is engaged in temporary employment for optional practical training related to such alien's area of study following completion of the course of study described in subclause (I) for a period or periods of not more than 24 months;CommentsClose CommentsPermalink





`(ii) who--CommentsClose CommentsPermalink





`(I) has a residence in a foreign country which the alien has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study, and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 214(m) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Secretary the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn; orCommentsClose CommentsPermalink





`(II) is engaged in temporary employment for optional practical training related to such alien's area of study following completion of the course of study described in subclause (I) for a period or periods of not more than 24 months;CommentsClose CommentsPermalink





`(iii) who is the spouse or minor child of an alien described in clause (i) or (ii) if accompanying or following to join such an alien; orCommentsClose CommentsPermalink





`(iv) who--CommentsClose CommentsPermalink





`(I) is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) or (ii) except that the alien's qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico; orCommentsClose CommentsPermalink





`(II) is engaged in temporary employment for optional practical training related to such the student's area of study following completion of the course of study described in subclause (I) for a period or periods of not more than 24 months;'.CommentsClose CommentsPermalink





(2) ADMISSION- Section 214(b) (8 U.S.C. 1184(b)) is amended by inserting `(F)(i),' before `(L) or (V)'.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENT- Section 214(m)(1) (8 U.S.C. 1184(m)(1)) is amended, in the matter preceding subparagraph (A), by striking `(i) or (iii)' and inserting `(i), (ii), or (iv)'.CommentsClose CommentsPermalink





(b) Off Campus Work Authorization for Foreign Students-CommentsClose CommentsPermalink





(1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F), as amended by subsection (a), (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--CommentsClose CommentsPermalink





(A) the alien has enrolled full-time at the educational institution and is maintaining good academic standing;CommentsClose CommentsPermalink





(B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--CommentsClose CommentsPermalink





(i) has spent at least 21 days recruiting United States citizens to fill the position; andCommentsClose CommentsPermalink





(ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--CommentsClose CommentsPermalink





(I) the actual wage level for the occupation at the place of employment; orCommentsClose CommentsPermalink





(II) the prevailing wage level for the occupation in the area of employment; andCommentsClose CommentsPermalink





(C) the alien will not be employed more than--CommentsClose CommentsPermalink





(i) 20 hours per week during the academic term; orCommentsClose CommentsPermalink





(ii) 40 hours per week during vacation periods and between academic terms.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 526. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.

Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(G) The limitations contained in subparagraph (D) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(L) on whose behalf a petition under section 204(b) to accord the alien immigrant status under section 203(b), or an application for labor certification (if such certification is required for the alien to obtain status under such section 203(b)) has been filed, if 365 days or more have elapsed since such filing. The Secretary of Homeland Security shall extend the stay of an alien who qualifies for an exemption under this subparagraph until such time as a final decision is made on the alien's lawful permanent residence.'.CommentsClose CommentsPermalink

SEC. 527. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

(a) Adjustment of Status-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:CommentsClose CommentsPermalink





`(a) Eligibility-CommentsClose CommentsPermalink





`(1) IN GENERAL- The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having 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, in the discretion of the Secretary or the Attorney General under such regulations as the Secretary or Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--CommentsClose CommentsPermalink





`(A) the alien makes an application for such adjustment;CommentsClose CommentsPermalink





`(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; andCommentsClose CommentsPermalink





`(C) an immigrant visa is immediately available to the alien at the time the application is filed.CommentsClose CommentsPermalink





`(2) SUPPLEMENTAL FEE- An application under paragraph (1) that is based on a petition approved or approvable under subparagraph (E) or (F) of section 204(a)(1) may be filed without regard to the limitation set forth in paragraph (1)(C) if a supplemental fee of $500 is paid by the principal alien at the time the application is filed. A supplemental fee may not be required for any dependent alien accompanying or following to join the principal alien.CommentsClose CommentsPermalink





`(3) VISA AVAILABILITY- An application for adjustment filed under this paragraph may not be approved until such time as an immigrant visa become available.'.CommentsClose CommentsPermalink





(b) Use of Fees- Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting before the period at the end `and the fees collected under section 245(a)(2).'.CommentsClose CommentsPermalink

SEC. 528. STREAMLINING THE ADJUDICATION PROCESS FOR ESTABLISHED EMPLOYERS.

Section 214(c) (8. U.S.C. 1184) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(1) Not later than 180 days after the date of the enactment of the SKIL Act of 2007, the Secretary of Homeland Security shall establish a pre-certification procedure for employers who file multiple petitions described in this subsection or section 203(b). Such precertification procedure shall enable an employer to avoid repeatedly submitting documentation that is common to multiple petitions and establish through a single filing criteria relating to the employer and the offered employment opportunity.'.CommentsClose CommentsPermalink

SEC. 529. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA PETITIONS.

(a) In General- Pursuant to section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)), the Secretary of Homeland Security shall establish and collect a fee for premium processing of employment-based immigrant petitions.CommentsClose CommentsPermalink





(b) Appeals- Pursuant to such section 286(u), the Secretary of Homeland Security shall establish and collect a fee for premium processing of an administrative appeal of any decision on a permanent employment-based immigrant petition.CommentsClose CommentsPermalink

SEC. 530. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.

(a) Prevailing Wage Rate-CommentsClose CommentsPermalink





(1) REQUIREMENT TO PROVIDE- The Secretary of Labor shall provide prevailing wage determinations to employers seeking a labor certification for aliens pursuant to part 656 of title 20, Code of Federal Regulation (or any successor regulation). The Secretary of Labor may not delegate this function to any agency of a State.CommentsClose CommentsPermalink





(2) SCHEDULE FOR DETERMINATION- Except as provided in paragraph (3), the Secretary of Labor shall provide a response to an employer's request for a prevailing wage determination in no more than 20 calendar days from the date of receipt of such request. If the Secretary of Labor fails to reply during such 20-day period, then the wage proposed by the employer shall be the valid prevailing wage rate.CommentsClose CommentsPermalink





(3) USE OF SURVEYS- The Secretary of Labor shall accept an alternative wage survey provided by the employer unless the Secretary of Labor determines that the wage component of the Occupational Employment Statistics Survey is more accurate for the occupation in the labor market area.CommentsClose CommentsPermalink





(b) Placement of Job Order- The Secretary of Labor shall maintain a website with links to the official website of each workforce agency of a State, and such official website shall contain instructions on the filing of a job order in order to satisfy the job order requirements of section 656.17(e)(1) of title 20, Code of Federal Regulation (or any successor regulation).CommentsClose CommentsPermalink





(c) Technical Corrections- The Secretary of Labor shall establish a process by which employers seeking certification under section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as amended by section 524(b), may make technical corrections to applications in order to avoid requiring employers to conduct additional recruitment to correct an initial technical error. A technical error shall include any error that would not have a material effect on the validity of the employer's recruitment of able, willing, and qualified United States workers.CommentsClose CommentsPermalink





(d) Administrative Appeals- Motions to reconsider, and administrative appeals of, a denial of a permanent labor certification application, shall be decided by the Secretary of Labor not later than 60 days after the date of the filing of such motion or such appeal.CommentsClose CommentsPermalink





(e) Applications Under Previous System- Not later than 180 days after the date of the enactment of this Act, the Secretary of Labor shall process and issue decisions on all applications for permanent alien labor certification that were filed prior to March 28, 2005.CommentsClose CommentsPermalink





(f) Effective Date- The provisions of this section shall take effect 90 days after the date of enactment of this Act, whether or not the Secretary of Labor has amended the regulations at part 656 of title 20, Code of Federal Regulation to implement such changes.CommentsClose CommentsPermalink

SEC. 531. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

Section 103 (8 U.S.C. 1103) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(i) Requirement for Background Checks- Notwithstanding any other provision of law, until appropriate background and security checks, as determined by the Secretary of Homeland Security, have been completed, and the information provided to and assessed by the official with jurisdiction to grant or issue the benefit or documentation, on an in camera basis as may be necessary with respect to classified, law enforcement, or other information that cannot be disclosed publicly, the Secretary of Homeland Security, the Attorney General, or any court may not--CommentsClose CommentsPermalink





`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;CommentsClose CommentsPermalink





`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; orCommentsClose CommentsPermalink





`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.CommentsClose CommentsPermalink





`(j) Requirement To Resolve Fraud Allegations- Notwithstanding any other provision of law, until 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 has been investigated and resolved, the Secretary of Homeland Security and the Attorney General may not be required to--CommentsClose CommentsPermalink





`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;CommentsClose CommentsPermalink





`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; orCommentsClose CommentsPermalink





`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.CommentsClose CommentsPermalink





`(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts.'.CommentsClose CommentsPermalink

SEC. 532. VISA REVALIDATION.

(a) In General- Section 222 (8 U.S.C. 1202) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(i) The Secretary of State shall permit an alien granted a nonimmigrant visa under subparagraph E, H, I, L, O, or P of section 101(a)(15) to apply for a renewal of such visa within the United States if--CommentsClose CommentsPermalink





`(1) such visa expired during the 12-month period ending on the date of such application;CommentsClose CommentsPermalink





`(2) the alien is seeking a nonimmigrant visa under the same subparagraph under which the alien had previously received a visa; andCommentsClose CommentsPermalink





`(3) the alien has complied with the immigration laws and regulations of the United States.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 222(h) of such Act is amended, in the matter preceding subparagraph (1), by inserting `and except as provided under subsection (i),' after `Act'.CommentsClose CommentsPermalink

Subtitle C--Preservation of Immigration Benefits for Hurricane Katrina Victims

SEC. 541. SHORT TITLE.

This subtitle may be cited as the `Hurricane Katrina Victims Immigration Benefits Preservation Act'.CommentsClose CommentsPermalink

SEC. 542. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) APPLICATION OF DEFINITIONS FROM THE IMMIGRATION AND NATIONALITY ACT- Except as otherwise specifically provided in this subtitle, the definitions in the Immigration and Nationality Act shall apply in the administration of this subtitle.CommentsClose CommentsPermalink





(2) DIRECT RESULT OF A SPECIFIED HURRICANE DISASTER- The term `direct result of a specified hurricane disaster'--CommentsClose CommentsPermalink





(A) means physical damage, disruption of communications or transportation, forced or voluntary evacuation, business closures, or other circumstances directly caused by Hurricane Katrina (on or after August 26, 2005) or Hurricane Rita (on or after September 21, 2005); andCommentsClose CommentsPermalink





(B) does not include collateral or consequential economic effects in or on the United States or global economies.CommentsClose CommentsPermalink

SEC. 543. SPECIAL IMMIGRANT STATUS.

(a) Provision of Status-CommentsClose CommentsPermalink





(1) IN GENERAL- For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien--CommentsClose CommentsPermalink





(A) files with the Secretary a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4));CommentsClose CommentsPermalink





(B) is otherwise eligible to receive an immigrant visa; andCommentsClose CommentsPermalink





(C) is otherwise admissible to the United States for permanent residence.CommentsClose CommentsPermalink





(2) INAPPLICABLE PROVISION- In determining admissibility under paragraph (1)(C), the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not apply.CommentsClose CommentsPermalink





(b) Aliens Described-CommentsClose CommentsPermalink





(1) PRINCIPAL ALIENS- An alien is described in this subsection if--CommentsClose CommentsPermalink





(A) the alien was the beneficiary of--CommentsClose CommentsPermalink





(i) a petition that was filed with the Secretary on or before August 26, 2005--CommentsClose CommentsPermalink





(I) under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) to classify the alien as a family-sponsored immigrant under section 203(a) of such Act (8 U.S.C. 1153(a)) or as an employment-based immigrant under section 203(b) of such Act (8 U.S.C. 1153(b)); orCommentsClose CommentsPermalink





(II) under section 214(d) of such Act (8 U.S.C. 1184(d)) to authorize the issuance of a nonimmigrant visa to the alien under section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)); orCommentsClose CommentsPermalink





(ii) an application for labor certification under section 212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was filed under regulations of the Secretary of Labor on or before such date; andCommentsClose CommentsPermalink





(B) such petition or application was revoked or terminated (or otherwise rendered null), before or after its approval, solely due to--CommentsClose CommentsPermalink





(i) the death or disability of the petitioner, applicant, or alien beneficiary as a direct result of a specified hurricane disaster; orCommentsClose CommentsPermalink





(ii) loss of employment as a direct result of a specified hurricane disaster.CommentsClose CommentsPermalink





(2) SPOUSES AND CHILDREN-CommentsClose CommentsPermalink





(A) IN GENERAL- An alien is described in this subsection if--CommentsClose CommentsPermalink





(i) the alien, as of August 26, 2005, was the spouse or child of a principal alien described in paragraph (1); andCommentsClose CommentsPermalink





(ii) the alien--CommentsClose CommentsPermalink





(I) is accompanying such principal alien; orCommentsClose CommentsPermalink





(II) is following to join such principal alien not later than August 26, 2007.CommentsClose CommentsPermalink





(B) CONSTRUCTION- In construing the terms `accompanying' and `following to join' in subparagraph (A)(ii), the death of a principal alien described in paragraph (1)(B)(i) shall be disregarded.CommentsClose CommentsPermalink





(3) GRANDPARENTS OR LEGAL GUARDIANS OF ORPHANS- An alien is described in this subsection if the alien is a grandparent or legal guardian of a child whose parents died as a direct result of a specified hurricane disaster, if either of the deceased parents was, as of August 26, 2005, a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States.CommentsClose CommentsPermalink





(c) Priority Date- Immigrant visas made available under this section shall be issued to aliens in the order in which a petition on behalf of each such alien is filed with the Secretary under subsection (a)(1), except that if an alien was assigned a priority date with respect to a petition described in subsection (b)(1)(A)(i), the alien may maintain that priority date.CommentsClose CommentsPermalink





(d) Numerical Limitations- In applying sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided status under this section shall be treated as special immigrants who are not described in subparagraph (A), (B), (C), or (K) of section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)).CommentsClose CommentsPermalink

SEC. 544. EXTENSION OF FILING OR REENTRY DEADLINES.

(a) Automatic Extension of Nonimmigrant Status-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), an alien described in paragraph (2) who was lawfully present in the United States as a nonimmigrant on August 26, 2005, may, unless otherwise determined by the Secretary in the Secretary's discretion, lawfully remain in the United States in the same nonimmigrant status until the later of--CommentsClose CommentsPermalink





(A) the date on which such lawful nonimmigrant status would have otherwise terminated absent the enactment of this subsection; orCommentsClose CommentsPermalink





(B) 1 year after the death or onset of disability described in paragraph (2).CommentsClose CommentsPermalink





(2) ALIENS DESCRIBED-CommentsClose CommentsPermalink





(A) PRINCIPAL ALIENS- An alien is described in this paragraph if the alien was disabled as a direct result of a specified hurricane disaster.CommentsClose CommentsPermalink





(B) SPOUSES AND CHILDREN- An alien is described in this paragraph if the alien, as of August 26, 2005, was the spouse or child of--CommentsClose CommentsPermalink





(i) a principal alien described in subparagraph (A); orCommentsClose CommentsPermalink





(ii) an alien who died as a direct result of a specified hurricane disaster.CommentsClose CommentsPermalink





(3) AUTHORIZED EMPLOYMENT- During the period in which a principal alien or alien spouse is in lawful nonimmigrant status under paragraph (1), the alien may be provided an `employment authorized' endorsement or other appropriate document signifying authorization of employment.CommentsClose CommentsPermalink





(b) New Deadlines for Extension or Change of Nonimmigrant Status-CommentsClose CommentsPermalink





(1) FILING DELAYS-CommentsClose CommentsPermalink





(A) IN GENERAL- If an alien, who was lawfully present in the United States as a nonimmigrant on August 26, 2005, was prevented from filing a timely application for an extension or change of nonimmigrant status as a direct result of a specified hurricane disaster, the alien's application may be considered timely filed if it is filed not later 1 year after the application would have otherwise been due.CommentsClose CommentsPermalink





(B) CIRCUMSTANCES PREVENTING TIMELY ACTION- For purposes of subparagraph (A), circumstances preventing an alien from timely acting are--CommentsClose CommentsPermalink





(i) office closures;CommentsClose CommentsPermalink





(ii) mail or courier service cessations or delays;CommentsClose CommentsPermalink





(iii) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements;CommentsClose CommentsPermalink





(iv) mandatory evacuation and relocation; orCommentsClose CommentsPermalink





(v) other circumstances, including medical problems or financial hardship.CommentsClose CommentsPermalink





(2) DEPARTURE DELAYS-CommentsClose CommentsPermalink





(A) IN GENERAL- If an alien, who was lawfully present in the United States as a nonimmigrant on August 26, 2005, is unable to timely depart the United States as a direct result of a specified hurricane disaster, the alien shall not be considered to have been unlawfully present in the United States during the period beginning on August 26, 2005, and ending on the date of the alien's departure, if such departure occurred on or before February 28, 2006.CommentsClose CommentsPermalink





(B) CIRCUMSTANCES PREVENTING TIMELY ACTION- For purposes of subparagraph (A), circumstances preventing an alien from timely acting are--CommentsClose CommentsPermalink





(i) office closures;CommentsClose CommentsPermalink





(ii) transportation cessations or delays;CommentsClose CommentsPermalink





(iii) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements;CommentsClose CommentsPermalink





(iv) mandatory evacuation and relocation; orCommentsClose CommentsPermalink





(v) other circumstances, including medical problems or financial hardship.CommentsClose CommentsPermalink





(c) Diversity Immigrants- Section 204(a)(1)(I)(ii)(II) (8 U.S.C. 1154(a)(1)(I)(ii)(II)), is amended to read as follows:CommentsClose CommentsPermalink





`(II) An immigrant visa made available under subsection 203(c) for fiscal year 1998, or for a subsequent fiscal year, may be issued, or adjustment of status under section 245(a) based upon the availability of such visa may be granted, to an eligible qualified alien who has properly applied for such visa or adjustment 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 level set forth in subsection 201(e) for the fiscal year for which the alien was selected.'.CommentsClose CommentsPermalink





(d) Extension of Filing Period- If an alien is unable to timely file an application to register or reregister for Temporary Protected Status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) as a direct result of a specified hurricane disaster, the alien's application may be considered timely filed if it is filed not later than 90 days after it otherwise would have been due.CommentsClose CommentsPermalink





(e) Voluntary Departure-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c), if a period for voluntary departure under such section expired during the period beginning on August 26, 2005, and ending on December 31, 2005, and the alien was unable to voluntarily depart before the expiration date as a direct result of a specified hurricane disaster, such voluntary departure period is deemed extended for an additional 60 days.CommentsClose CommentsPermalink





(2) CIRCUMSTANCES PREVENTING DEPARTURE- For purposes of this subsection, circumstances preventing an alien from voluntarily departing the United States are--CommentsClose CommentsPermalink





(A) office closures;CommentsClose CommentsPermalink





(B) transportation cessations or delays;CommentsClose CommentsPermalink





(C) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements;CommentsClose CommentsPermalink





(D) mandatory evacuation and removal; andCommentsClose CommentsPermalink





(E) other circumstances, including medical problems or financial hardship.CommentsClose CommentsPermalink





(f) Current Nonimmigrant Visa Holders-CommentsClose CommentsPermalink





(1) IN GENERAL- An alien, who was lawfully present in the United States on August 26, 2005, as a nonimmigrant under section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) and lost employment as a direct result of a specified hurricane disaster may accept new employment upon the filing by a prospective employer of a new petition on behalf of such nonimmigrant not later than August 26, 2006.CommentsClose CommentsPermalink





(2) CONTINUATION OF EMPLOYMENT AUTHORIZATION- Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such employment shall cease.CommentsClose CommentsPermalink





(3) SAVINGS PROVISION- Nothing in this subsection shall be construed to limit eligibility for portability under section 214(n) of the Immigration and Nationality Act (8 U.S.C. 1184(n)).CommentsClose CommentsPermalink

SEC. 545. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.

(a) Treatment as Immediate Relatives-CommentsClose CommentsPermalink





(1) SPOUSES- Notwithstanding the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, if the citizen died as a direct result of a specified hurricane disaster, the alien (and each child of the alien) may be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen's death if the alien files a petition under section 204(a)(1)(A)(ii) of such Act not later than 2 years after such date and only until the date on which the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted relief under this paragraph shall be considered an alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act.CommentsClose CommentsPermalink





(2) CHILDREN-CommentsClose CommentsPermalink





(A) IN GENERAL- In the case of an alien who was the child of a citizen of the United States at the time of the citizen's death, if the citizen died as a direct result of a specified hurricane disaster, the alien may be considered, for purposes of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen's death (regardless of subsequent changes in age or marital status), but only if the alien files a petition under subparagraph (B) not later than 2 years after such date.CommentsClose CommentsPermalink





(B) PETITIONS- An alien described in subparagraph (A) may file a petition with the Secretary for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), which shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).CommentsClose CommentsPermalink





(b) Spouses, Children, Unmarried Sons and Daughters of Lawful Permanent Resident Aliens-CommentsClose CommentsPermalink





(1) IN GENERAL- Any spouse, child, or unmarried son or daughter of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such alien before August 26, 2005, may be considered (if the spouse, child, son, or daughter has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for preference status under such section with the same priority date as that assigned before the death described in paragraph (3)(A). No new petition shall be required to be filed. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization.CommentsClose CommentsPermalink





(2) SELF-PETITIONS- Any spouse, child, or unmarried son or daughter of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act may file a petition for such classification with the Secretary, if the spouse, child, son, or daughter was present in the United States on August 26, 2005. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization.CommentsClose CommentsPermalink





(3) ALIENS DESCRIBED- An alien is described in this paragraph if the alien--CommentsClose CommentsPermalink





(A) died as a direct result of a specified hurricane disaster; andCommentsClose CommentsPermalink





(B) on the day of such death, was lawfully admitted for permanent residence in the United States.CommentsClose CommentsPermalink





(c) Applications for Adjustment of Status by Surviving Spouses and Children of Employment-Based Immigrants-CommentsClose CommentsPermalink





(1) IN GENERAL- Any alien who was, on August 26, 2005, the spouse or child of an alien described in paragraph (2), and who applied for adjustment of status before the death described in paragraph (2)(A), may have such application adjudicated as if such death had not occurred.CommentsClose CommentsPermalink





(2) ALIENS DESCRIBED- An alien is described in this paragraph if the alien--CommentsClose CommentsPermalink





(A) died as a direct result of a specified hurricane disaster; andCommentsClose CommentsPermalink





(B) on the day before such death, was--CommentsClose CommentsPermalink





(i) an alien lawfully admitted for permanent residence in the United States by reason of having been allotted a visa under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)); orCommentsClose CommentsPermalink





(ii) an applicant for adjustment of status to that of an alien described in clause (i), and admissible to the United States for permanent residence.CommentsClose CommentsPermalink





(d) Applications by Surviving Spouses and Children of Refugees and Asylees-CommentsClose CommentsPermalink





(1) IN GENERAL- Any alien who, on August 26, 2005, was the spouse or child of an alien described in paragraph (2), may have his or her eligibility to be admitted under section 207(c)(2)(A) or 208(b)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A)) considered as if the alien's death had not occurred.CommentsClose CommentsPermalink





(2) ALIENS DESCRIBED- An alien is described in this paragraph if the alien--CommentsClose CommentsPermalink





(A) died as a direct result of a specified hurricane disaster; andCommentsClose CommentsPermalink





(B) on the day before such death, was--CommentsClose CommentsPermalink





(i) an alien admitted as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); orCommentsClose CommentsPermalink





(ii) granted asylum under section 208 of such Act (8 U.S.C. 1158).CommentsClose CommentsPermalink





(e) Waiver of Public Charge Grounds- In determining the admissibility of any alien accorded an immigration benefit under this section, the grounds for inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not apply.CommentsClose CommentsPermalink

SEC. 546. RECIPIENT OF PUBLIC BENEFITS.

An alien shall not be inadmissible under section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) or deportable under section 237(a)(5) of such Act (8 U.S.C. 1227(a)(5)) on the basis that the alien received any public benefit as a direct result of a specified hurricane disaster.CommentsClose CommentsPermalink

SEC. 547. AGE-OUT PROTECTION.

In administering the immigration laws, the Secretary and the Attorney General may grant any application or benefit notwithstanding the applicant or beneficiary (including a derivative beneficiary of the applicant or beneficiary) reaching an age that would render the alien ineligible for the benefit sought, if the alien's failure to meet the age requirement occurred as a direct result of a specified hurricane disaster.CommentsClose CommentsPermalink

SEC. 548. EMPLOYMENT ELIGIBILITY VERIFICATION.

(a) In General- The Secretary may suspend or modify any requirement under section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) or subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), either generally or with respect to particular persons, class of persons, geographic areas, or economic sectors, to the extent to which the Secretary determines necessary or appropriate to respond to national emergencies or disasters.CommentsClose CommentsPermalink





(b) Notification- If the Secretary suspends or modifies any requirement under section 274A(b) of the Immigration and Nationality Act pursuant to subsection (a), the Secretary shall send notice of such decision, including the reasons for the suspension or modification, to--CommentsClose CommentsPermalink





(1) the Committee on the Judiciary of the Senate; andCommentsClose CommentsPermalink





(2) the Committee of the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(c) Sunset Date- The authority under subsection (a) shall expire on August 26, 2008.CommentsClose CommentsPermalink

SEC. 549. NATURALIZATION.

The Secretary may, with respect to applicants for naturalization in any district of the United States Citizenship and Immigration Services affected by a specified hurricane disaster, administer the provisions of Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) notwithstanding any provision of such title relating to the jurisdiction of an eligible court to administer the oath of allegiance, or requiring residence to be maintained or any action to be taken in any specific district or State within the United States.CommentsClose CommentsPermalink

SEC. 550. DISCRETIONARY AUTHORITY.

The Secretary or the Attorney General may waive violations of the immigration laws committed, on or before March 1, 2006, by an alien--CommentsClose CommentsPermalink





(1) who was in lawful status on August 26, 2005; andCommentsClose CommentsPermalink





(2) whose failure to comply with the immigration laws was a direct result of a specified hurricane disaster.CommentsClose CommentsPermalink

SEC. 551. EVIDENTIARY STANDARDS AND REGULATIONS.

The Secretary shall establish appropriate evidentiary standards for demonstrating, for purposes of this subtitle, that a specified hurricane disaster directly resulted in--CommentsClose CommentsPermalink





(1) death;CommentsClose CommentsPermalink





(2) disability; orCommentsClose CommentsPermalink





(3) loss of employment due to physical damage to, or destruction of, a business.CommentsClose CommentsPermalink

SEC. 552. IDENTIFICATION DOCUMENTS.

(a) Temporary Identification- The Secretary shall have the authority to instruct any Federal agency to issue temporary identification documents to individuals affected by a specified hurricane disaster. Such documents shall be acceptable for purposes of identification under any Federal law or regulation until August 26, 2007.CommentsClose CommentsPermalink





(b) Issuance- An agency may not issue identity documents under this section after January 1, 2007.CommentsClose CommentsPermalink





(c) No Compulsion To Accept or Carry Identification Documents- Nationals of the United States shall not be compelled to accept or carry documents issued under this section.CommentsClose CommentsPermalink





(d) No Proof of Citizenship- Identity documents issued under this section shall not constitute proof of citizenship or immigration status.CommentsClose CommentsPermalink

SEC. 553. WAIVER OF REGULATIONS.

The Secretary shall carry out the provisions of this subtitle as expeditiously as possible. The Secretary is not required to promulgate regulations before implementing this subtitle. 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 rule making, information collection, or publication in the Federal Register, shall not apply to any action to implement this subtitle to the extent the Secretary of Homeland Security, the Secretary of Labor, or the Secretary of State determine that compliance with such requirement would impede the expeditious implementation of such Act.CommentsClose CommentsPermalink

SEC. 554. NOTICES OF CHANGE OF ADDRESS.

(a) In General- If a notice of change of address otherwise required to be submitted to the Secretary by an alien described in subsection (b) relates to a change of address occurring during the period beginning on August 26, 2005, and ending on the date of the enactment of this Act, the alien may submit such notice.CommentsClose CommentsPermalink





(b) Aliens Described- An alien is described in this subsection if the alien--CommentsClose CommentsPermalink





(1) resided, on August 26, 2005, within a district of the United States that was declared by the President to be affected by a specified hurricane disaster; andCommentsClose CommentsPermalink





(2) is required, under section 265 of the Immigration and Nationality Act (8 U.S.C. 1305) or any other provision of law, to notify the Secretary in writing of a change of address.CommentsClose CommentsPermalink

SEC. 555. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.

(a) In General- The nonimmigrant status of an alien described in subsection (b) shall be deemed to have been maintained during the period beginning on August 26, 2005, and ending on September 15, 2006, if, on September 15, 2006, the alien is enrolled in a course of study, or participating in a designated exchange visitor program, sufficient to satisfy the terms and conditions of the alien's nonimmigrant status on August 26, 2005.CommentsClose CommentsPermalink





(b) Aliens Described- An alien is described in this subsection if the alien--CommentsClose CommentsPermalink





(1) was, on August 26, 2005, lawfully present in the United States in the status of a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); andCommentsClose CommentsPermalink





(2) fails to satisfy a term or condition of such status as a direct result of a specified hurricane disaster.CommentsClose CommentsPermalink

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

Subtitle A--Access to Earned Adjustment and Mandatory Departure and Reentry

SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.

(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2007'.CommentsClose CommentsPermalink





(b) Adjustment of Status-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink

`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

`(a) Adjustment of Status-CommentsClose CommentsPermalink





`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:CommentsClose CommentsPermalink





`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.CommentsClose CommentsPermalink





`(B) CONTINUOUS PHYSICAL PRESENCE-CommentsClose CommentsPermalink





`(i) IN GENERAL- The alien shall establish that the alien--CommentsClose CommentsPermalink





`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;CommentsClose CommentsPermalink





`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); andCommentsClose CommentsPermalink





`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.CommentsClose CommentsPermalink





`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.CommentsClose CommentsPermalink





`(C) ADMISSIBLE UNDER IMMIGRATION LAWS- The alien shall establish that the alien is not inadmissible under section 212(a) except for any provision of that section that is waived under subsection (b) of this section.CommentsClose CommentsPermalink





`(D) EMPLOYMENT IN UNITED STATES-CommentsClose CommentsPermalink





`(i) IN GENERAL- The alien shall have been employed in the United States, in the aggregate, for--CommentsClose CommentsPermalink





`(I) at least 3 years during the 5-year period ending on April 5, 2006; andCommentsClose CommentsPermalink





`(II) at least 6 years after the date of enactment of the Immigrant Accountability Act of 2007.CommentsClose CommentsPermalink





`(ii) EXCEPTIONS-CommentsClose CommentsPermalink





`(I) The employment requirement in clause (i)(I) shall not apply to an individual who is under 20 years of age on the date of enactment of the Immigrant Accountability Act of 2007.CommentsClose CommentsPermalink





`(II) The employment requirement in clause (i)(II) shall be reduced for an individual who cannot demonstrate employment based on a physical or mental disability or as a result of pregnancy.CommentsClose CommentsPermalink





`(III) The employment requirement in clause (i)(II) shall be reduced for an individual who is under 20 years of age on the date of enactment of the Immigrant Accountability Act of 2007 by a period of time equal to the time period beginning on such date of enactment and ending on the date on which the individual reaches 20 years of age.CommentsClose CommentsPermalink





`(IV) The employment requirements in clause (i) shall be reduced by 1 year for each year of full time post-secondary study in the United States during the relevant period.CommentsClose CommentsPermalink





`(V) The employment requirement under clause (i)(I) shall not apply to any individual who is 65 years of age or older on the date of the enactment of the Immigrant Accountability Act of 2007.CommentsClose CommentsPermalink





`(iii) PORTABILITY- An alien shall not be required to complete the employment requirements in clause (i) with the same employer.CommentsClose CommentsPermalink





`(iv) EVIDENCE OF EMPLOYMENT-CommentsClose CommentsPermalink





`(I) CONCLUSIVE DOCUMENTS- For purposes of satisfying the requirements in clause (i), the alien shall submit at least 2 of the following documents for each period of employment, which shall be considered conclusive evidence of such employment:CommentsClose CommentsPermalink

`(aa) Records maintained by the Social Security Administration.CommentsClose CommentsPermalink

`(bb) Records maintained by an employer, such as pay stubs, time sheets, or employment work verification.CommentsClose CommentsPermalink

`(cc) Records maintained by the Internal Revenue Service.CommentsClose CommentsPermalink

`(dd) Records maintained by a union or day labor center.CommentsClose CommentsPermalink

`(ee) Records maintained by any other government agency, such as worker compensation records, disability records, or business licensing records.CommentsClose CommentsPermalink

`(II) OTHER DOCUMENTS- An alien who is unable to submit a document described in subclause (I) may satisfy the requirement in clause (i) by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of employment for each required period of employment, including--CommentsClose CommentsPermalink

`(aa) bank records;CommentsClose CommentsPermalink

`(bb) business records;CommentsClose CommentsPermalink

`(cc) sworn affidavits from non-relatives who have direct knowledge of the alien's work, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information; orCommentsClose CommentsPermalink

`(dd) remittance records.CommentsClose CommentsPermalink

`(v) BURDEN OF PROOF- An alien applying for adjustment of status under this subsection has the burden of proving by a preponderance of the evidence that the alien has satisfied the employment requirements in clause (i). Once the burden is met, the burden shall shift to the Secretary of Homeland Security to disprove the alien's evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence.CommentsClose CommentsPermalink





`(E) PAYMENT OF INCOME TAXES-CommentsClose CommentsPermalink





`(i) IN GENERAL- Not later than the date on which status is adjusted under this section, the alien establishes the payment of any applicable Federal tax liability by establishing that--CommentsClose CommentsPermalink





`(I) no such tax liability exists;CommentsClose CommentsPermalink





`(II) all outstanding liabilities have been paid; orCommentsClose CommentsPermalink





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





`(ii) APPLICABLE FEDERAL TAX LIABILITY- For purposes of clause (i), the term `applicable Federal tax liability' means liability for Federal taxes, including penalties and interest, owed for any year during the period of employment required by subparagraph (D)(i) for which the statutory period for assessment of any deficiency for such taxes has not expired.CommentsClose CommentsPermalink





`(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 taxes required by this subparagraph.CommentsClose CommentsPermalink





`(iv) IN GENERAL- The alien may satisfy such requirement by establishing that--CommentsClose CommentsPermalink





`(I) no such tax liability exists;CommentsClose CommentsPermalink





`(II) all outstanding liabilities have been met; orCommentsClose CommentsPermalink





`(III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service and with the department of revenue of each State to which taxes are owed.CommentsClose CommentsPermalink





`(v) LIMITATION- Provided further that an alien required to pay taxes under this subparagraph, or who otherwise satisfies the requirements of clause (i), shall not be allowed to collect any tax refund for any taxable year before 2006, or to file any claim for the Earned Income Tax Credit, or any other tax credit otherwise allowable under the tax code, prior to such taxable year.CommentsClose CommentsPermalink





`(F) BASIC CITIZENSHIP SKILLS-CommentsClose CommentsPermalink





`(i) IN GENERAL- Except as provided in clause (ii), the alien shall demonstrate that the alien meets the requirements of section 312(a) (relating to English proficiency and understanding of United States history and Government).CommentsClose CommentsPermalink





`(ii) EXCEPTIONS-CommentsClose CommentsPermalink





`(I) MANDATORY- The requirements of clause (i) shall not apply to any person who is unable to comply with those requirements because of a physical or developmental disability or mental impairment.CommentsClose CommentsPermalink





`(II) DISCRETIONARY- The Secretary of Homeland Security may waive all or part of the requirements of clause (i) in the case of an alien who is 65 years of age or older as of the date of the filing of the application for adjustment of status.CommentsClose CommentsPermalink





`(G) SECURITY AND LAW ENFORCEMENT CLEARANCES- The alien shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this subsection. The relevant Federal agencies shall work to ensure that such clearances are completed within 90 days of the submission of fingerprints. An appeal of a security clearance determination by the Secretary of Homeland Security shall be processed through the Department of Homeland Security.CommentsClose CommentsPermalink





`(H) MILITARY SELECTIVE SERVICE- The alien shall establish that if the alien is within the age period required under the Military Selective Service Act (50 U.S.C. App. 451 et seq.) that such alien has registered under that Act.CommentsClose CommentsPermalink





`(I) ADJUSTMENT OF STATUS- The Secretary may not adjust the status of an alien under this section to that of lawful permanent resident until the Secretary determines that the priority dates have become current for the class of aliens whose family-based or employment-based petitions for permanent residence were pending on the date of the enactment of the Immigrant Accountability Act of 2007.CommentsClose CommentsPermalink





`(2) SPOUSES AND CHILDREN-CommentsClose CommentsPermalink





`(A) IN GENERAL-CommentsClose CommentsPermalink





`(i) ADJUSTMENT OF STATUS- Notwithstanding any other provision of law, the Secretary of Homeland Security shall, if otherwise eligible under subparagraph (B), adjust the status to that of a lawful permanent resident for--CommentsClose CommentsPermalink





`(I) the spouse, or child who was under 21 years of age on the date of enactment of the Immigrant Accountability Act of 2007, of an alien who adjusts status or is eligible to adjust status to that of a permanent resident under paragraph (1); orCommentsClose CommentsPermalink





`(II) an alien who, within 5 years preceding the date of enactment of the Immigrant Accountability Act of 2007, was the spouse or child of an alien who adjusts status to that of a permanent resident under paragraph (1), if--CommentsClose CommentsPermalink

`(aa) the termination of the qualifying relationship was connected to domestic violence; orCommentsClose CommentsPermalink

`(bb) the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent who adjusts status or is eligible to adjust status to that of a permanent resident under paragraph (1).CommentsClose CommentsPermalink

`(ii) APPLICATION OF OTHER LAW- In acting on applications filed under this paragraph with respect to aliens who have been battered or subjected to extreme cruelty, the Secretary of Homeland Security shall apply the provisions of section 204(a)(1)(J) and the protections, prohibitions, and penalties under section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).CommentsClose CommentsPermalink





`(B) GROUNDS OF INADMISSIBILITY NOT APPLICABLE- In establishing admissibility to the United States, the spouse or child described in subparagraph (A) shall establish that they are not inadmissible under section 212(a), except for any provision of that section that is waived under subsection (b) of this section.CommentsClose CommentsPermalink





`(C) SECURITY AND LAW ENFORCEMENT CLEARANCE- The spouse or child, if that child is 14 years of age or older, described in subparagraph (A) shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this subsection. The relevant Federal agencies shall work to ensure that such clearances are completed within 90 days of the submission of fingerprints. An appeal of a denial by the Secretary of Homeland Security shall be processed through the Department of Homeland Security.CommentsClose CommentsPermalink





`(3) NONAPPLICABILITY OF NUMERICAL LIMITATIONS- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced.CommentsClose CommentsPermalink





`(b) Grounds of Inadmissibility-CommentsClose CommentsPermalink





`(1) APPLICABLE PROVISIONS- In the determination of an alien's admissibility under paragraphs (1)(C) and (2) of subsection (a), the following provisions of section 212(a) shall apply and may not be waived by the Secretary of Homeland Security under paragraph (3)(A):CommentsClose CommentsPermalink





`(A) Paragraph (1) (relating to health).CommentsClose CommentsPermalink





`(B) Paragraph (2) (relating to criminals).CommentsClose CommentsPermalink





`(C) Paragraph (3) (relating to security and related grounds).CommentsClose CommentsPermalink





`(D) Subparagraphs (A) and (C) of paragraph (10) (relating to polygamists and child abductors).CommentsClose CommentsPermalink





`(2) GROUNDS OF INADMISSIBILITY NOT APPLICABLE- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9) (other than subparagraph (C)(i)(II)), and (10)(B) of section 212(a) shall not apply to an alien who is applying for adjustment of status under subsection (a).CommentsClose CommentsPermalink





`(3) WAIVER OF OTHER GROUNDS-CommentsClose CommentsPermalink





`(A) IN GENERAL- Except as provided in paragraph (1), the Secretary of Homeland Security may waive any provision of section 212(a) in the case of individual aliens for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest.CommentsClose CommentsPermalink





`(B) CONSTRUCTION- Nothing in this paragraph shall be construed as affecting the authority of the Secretary of Homeland Security, other than under this subparagraph, to waive the provisions of section 212(a).CommentsClose CommentsPermalink





`(4) SPECIAL RULE FOR DETERMINATION OF PUBLIC CHARGE- An alien is not ineligible for adjustment of status under subsection (a) by reason of a ground of inadmissibility under section 212(a)(4) if the alien establishes a history of employment in the United States evidencing self-support without public cash assistance.CommentsClose CommentsPermalink





`(5) SPECIAL RULE FOR INDIVIDUALS WHERE THERE IS NO COMMERCIAL PURPOSE- An alien is not ineligible for adjustment of status under subsection (a) by reason of a ground of inadmissibility under section 212(a)(6)(E) if the alien establishes that the action referred to in that section was taken for humanitarian purposes, to ensure family unity, or was otherwise in the public interest.CommentsClose CommentsPermalink





`(6) APPLICABILITY OF OTHER PROVISIONS- Section 241(a)(5) and section 240B(d) shall not apply with respect to an alien who is applying for adjustment of status under subsection (a).CommentsClose CommentsPermalink





`(7) INELIGIBILITY-CommentsClose CommentsPermalink





`(A) IN GENERAL- An alien is ineligible for adjustment to lawful permanent resident status under this section if--CommentsClose CommentsPermalink





`(i) the alien has been ordered removed from the United States--CommentsClose CommentsPermalink





`(I) for overstaying the period of authorized admission under section 217;CommentsClose CommentsPermalink





`(II) under section 235 or 238; orCommentsClose CommentsPermalink





`(III) pursuant to a final order of removal under section 240;CommentsClose CommentsPermalink





`(ii) the alien failed to depart the United States during the period of a voluntary departure order issued under section 240B;CommentsClose CommentsPermalink





`(iii) the alien is subject to section 241(a)(5);CommentsClose CommentsPermalink





`(iv) the Secretary of Homeland Security determines that--CommentsClose CommentsPermalink





`(I) the alien, having been convicted by a final judgment of a serious crime, constitutes a danger to the community of the United States;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(III) there are reasonable grounds for regarding the alien as a danger to the security of the United States; orCommentsClose CommentsPermalink





`(v) the alien has been convicted of a felony or 3 or more misdemeanors.CommentsClose CommentsPermalink





`(B) EXCEPTION- Notwithstanding subparagraph (A), an alien who has not been ordered removed from the United States shall remain eligible for adjustment to lawful permanent resident status under this section if the alien's ineligibility under subparagraph (A) is solely related to the alien's--CommentsClose CommentsPermalink





`(i) entry into the United States without inspection;CommentsClose CommentsPermalink





`(ii) remaining in the United States beyond the period of authorized admission; orCommentsClose CommentsPermalink





`(iii) failure to maintain legal status while in the United States.CommentsClose CommentsPermalink





`(C) WAIVER- The Secretary may, in the Secretary's sole and unreviewable discretion, waive the application of subparagraph (A) if the alien was ordered removed on the basis that the alien--CommentsClose CommentsPermalink





`(i)(I) entered without inspection;CommentsClose CommentsPermalink





`(II) failed to maintain status; orCommentsClose CommentsPermalink





`(III) was ordered removed under 212(a)(6)(C)(i) prior to April 7, 2006; andCommentsClose CommentsPermalink





`(ii)(I) demonstrates that the alien did not receive notice of removal proceedings in accordance with paragraph (1) or (2) of section 239(a);CommentsClose CommentsPermalink





`(II) establishes that the alien's failure to appear was due to exceptional circumstances beyond the control of the alien; orCommentsClose CommentsPermalink





`(III) the alien's departure from the United States now would result in extreme hardship to the alien's spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence.CommentsClose CommentsPermalink





`(c) Treatment of Applicants-CommentsClose CommentsPermalink





`(1) IN GENERAL- An alien who files an application under subsection (a)(1)(A) for adjustment of status, including a spouse or child who files for adjustment of status under subsection (b)--CommentsClose CommentsPermalink





`(A) shall be granted employment authorization pending final adjudication of the alien's application for adjustment of status;CommentsClose CommentsPermalink





`(B) shall be granted permission to travel abroad pursuant to regulation pending final adjudication of the alien's application for adjustment of status;CommentsClose CommentsPermalink





`(C) shall not be detained, determined inadmissible or deportable, or removed pending final adjudication of the alien's application for adjustment of status, unless the alien commits an act which renders the alien ineligible for such adjustment of status; andCommentsClose CommentsPermalink





`(D) shall not be considered an unauthorized alien as defined in section 274A(i) until such time as employment authorization under subparagraph (A) is denied.CommentsClose CommentsPermalink





`(2) DOCUMENT OF AUTHORIZATION- The Secretary of Homeland Security shall provide each alien described in paragraph (1) with a counterfeit-resistant document of authorization that--CommentsClose CommentsPermalink





`(A) meets all current requirements established by the Secretary of Homeland Security for travel documents, including the requirements under section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note); andCommentsClose CommentsPermalink





`(B) reflects the benefits and status set forth in paragraph (1).CommentsClose CommentsPermalink





`(3) SECURITY AND LAW ENFORCEMENT CLEARANCE- Before an alien is granted employment authorization or permission to travel under paragraph (1), the alien shall be required to undergo a name check against existing databases for information relating to criminal, national security, or other law enforcement actions. The relevant Federal agencies shall work to ensure that such name checks are completed not later than 90 days after the date on which the name check is requested.CommentsClose CommentsPermalink





`(4) TERMINATION OF PROCEEDINGS- An alien in removal proceedings who establishes prima facie eligibility for adjustment of status under subsection (a) shall be entitled to termination of the proceedings pending the outcome of the alien's application, unless the removal proceedings are based on criminal or national security grounds.CommentsClose CommentsPermalink





`(d) Confidentiality of Information-CommentsClose CommentsPermalink





`(1) IN GENERAL- Except as otherwise provided in this section, no Federal agency or bureau, nor any officer or employee of such agency or bureau, may--CommentsClose CommentsPermalink





`(A) use the information furnished by the applicant pursuant to an application filed under paragraph (1) or (2) of subsection (a) for any purpose other than to make a determination on the application;CommentsClose CommentsPermalink





`(B) make any publication through which the information furnished by any particular applicant can be identified; orCommentsClose CommentsPermalink





`(C) permit anyone other than the sworn officers and employees of such agency, bureau, or approved entity, as approved by the Secretary of Homeland Security, to examine individual applications that have been filed.CommentsClose CommentsPermalink





`(2) REQUIRED DISCLOSURES- The Secretary of Homeland Security and the Secretary of State shall provide the information furnished pursuant to an application filed under paragraph (1) or (2) of subsection (a), 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.CommentsClose CommentsPermalink





`(3) CRIMINAL PENALTY- Any person who knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be fined not more than $10,000.CommentsClose CommentsPermalink





`(e) Penalties for False Statements in Applications-CommentsClose CommentsPermalink





`(1) CRIMINAL PENALTY-CommentsClose CommentsPermalink





`(A) VIOLATION- It shall be unlawful for any person to--CommentsClose CommentsPermalink





`(i) file or assist in filing an application for adjustment of status under this section and knowingly and willfully falsify, 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; orCommentsClose CommentsPermalink





`(ii) create or supply a false writing or document for use in making such an application.CommentsClose CommentsPermalink





`(B) PENALTY- Any person who violates subparagraph (A) shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both.CommentsClose CommentsPermalink





`(2) INADMISSIBILITY- An alien who is convicted of a crime under paragraph (1) shall be considered to be inadmissible to the United States.CommentsClose CommentsPermalink





`(3) EXCEPTION- Notwithstanding paragraphs (1) and (2), any alien or other entity (including an employer or union) that submits an employment record that contains incorrect data that the alien used in order to obtain such employment, shall not have violated this subsection.CommentsClose CommentsPermalink





`(f) Ineligibility for Public Benefits- For purposes of section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an alien whose status has been adjusted in accordance with subsection (a) shall not be eligible for any Federal means-tested public benefit unless the alien meets the alien eligibility criteria for such benefit under title IV of such Act (8 U.S.C. 1601 et seq.).CommentsClose CommentsPermalink





`(g) Relationships of Application to Certain Orders-CommentsClose CommentsPermalink





`(1) IN GENERAL- An alien who is present in the United States and has been ordered excluded, deported, removed, or to depart voluntarily from the United States or is subject to reinstatement of removal under any provision of this Act may, notwithstanding such order, apply for adjustment of status under subsection (a). Such an alien shall not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the exclusion, deportation, removal or voluntary departure order. If the Secretary of Homeland Security grants the application, the order shall be canceled. If the Secretary of Homeland Security renders a final administrative decision to deny the application, such order shall be effective and enforceable. Nothing in this paragraph shall affect the review or stay of removal under subsection (j).CommentsClose CommentsPermalink





`(2) STAY OF REMOVAL- The filing of an application described in paragraph (1) shall stay the removal or detainment of the alien pending final adjudication of the application, unless the removal or detainment of the alien is based on criminal or national security grounds.CommentsClose CommentsPermalink





`(h) Application of Other Provisions- Nothing in this section shall preclude an alien who may be eligible to be granted adjustment of status under subsection (a) from seeking such status under any other provision of law for which the alien may be eligible.CommentsClose CommentsPermalink





`(i) Administrative and Judicial Review-CommentsClose CommentsPermalink





`(1) IN GENERAL- Except as provided in this subsection, there shall be no administrative or judicial review of a determination respecting an application for adjustment of status under subsection (a).CommentsClose CommentsPermalink





`(2) ADMINISTRATIVE REVIEW-CommentsClose CommentsPermalink





`(A) SINGLE LEVEL OF ADMINISTRATIVE APPELLATE REVIEW- The Secretary of Homeland Security shall establish an appellate authority to provide for a single level of administrative appellate review of a determination respecting an application for adjustment of status under subsection (a).CommentsClose CommentsPermalink





`(B) STANDARD FOR REVIEW- Administrative appellate review referred to in subparagraph (A) shall be based solely upon the administrative record established at the time of the determination on the application and upon the presentation of additional or newly discovered evidence during the time of the pending appeal.CommentsClose CommentsPermalink





`(3) JUDICIAL REVIEW-CommentsClose CommentsPermalink





`(A) DIRECT REVIEW- A person whose application for adjustment of status under subsection (a) is denied after administrative appellate review under paragraph (2) may seek review of such denial, in accordance with chapter 7 of title 5, United States Code, before the United States district court for the district in which the person resides.CommentsClose CommentsPermalink





`(B) REVIEW AFTER REMOVAL PROCEEDINGS- There shall be judicial review in the Federal courts of appeal of the denial of an application for adjustment of status under subsection (a) in conjunction with judicial review of an order of removal, deportation, or exclusion, but only if the validity of the denial has not been upheld in a prior judicial proceeding under subparagraph (A). Notwithstanding any other provision of law, the standard for review of such a denial shall be governed by subparagraph (C).CommentsClose CommentsPermalink





`(C) STANDARD FOR JUDICIAL REVIEW- Judicial review of a denial of an application under this section shall be based solely upon the administrative record established at the time of the review. The findings of fact and other determinations contained in the record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record, considered as a whole.CommentsClose CommentsPermalink





`(4) STAY OF REMOVAL- Aliens seeking administrative or judicial review under this subsection shall not be removed from the United States until a final decision is rendered establishing ineligibility under this section, unless such removal is based on criminal or national security grounds.CommentsClose CommentsPermalink





`(j) Dissemination of Information on Adjustment Program- During the 12 months following the issuance of final regulations in accordance with subsection (o), the Secretary of Homeland Security, in cooperation with approved entities, approved by the Secretary of Homeland Security, shall broadly disseminate information respecting adjustment of status under this section and the requirements to be satisfied to obtain such status. The Secretary of Homeland Security shall also disseminate information to employers and labor unions to advise them of the rights and protections available to them and to workers who file applications under this section. Such information shall be broadly disseminated, in the languages spoken by the top 15 source countries of the aliens who would qualify for adjustment of status under this section, including to television, radio, and print media such aliens would have access to.CommentsClose CommentsPermalink





`(k) Employer Protections-CommentsClose CommentsPermalink





`(1) IMMIGRATION STATUS OF ALIEN- Employers of aliens applying for conditional nonimmigrant or conditional nonimmigrant dependent classification or adjustment of status under this section, the AgJOBS Act of 2007, or the DREAM Act of 2007 shall not be subject to civil or criminal tax liability for activities relating directly to the employment of such alien that occurred before receiving employment authorization under this section, the AgJOBS Act of 2007, or the DREAM Act of 2007.CommentsClose CommentsPermalink





`(2) PROVISION OF EMPLOYMENT RECORDS- Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for adjustment of status under this section or any other application or petition pursuant to other provisions of the immigration laws, shall not be subject to civil and criminal liability pursuant to section 274A for employing such unauthorized aliens.CommentsClose CommentsPermalink





`(3) APPLICABILITY OF OTHER LAW- Nothing in this subsection shall be used to shield an employer from liability pursuant to section 274B or any other labor and employment law provisions.CommentsClose CommentsPermalink





`(l) Authorization of Funds; Fines-CommentsClose CommentsPermalink





`(1) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Department of Homeland Security such sums as are necessary to commence the processing of applications filed under this section.CommentsClose CommentsPermalink





`(2) FINE- An alien who files an application under this section shall pay a fine commensurate with levels charged by the Department of Homeland Security for other applications for adjustment of status.CommentsClose CommentsPermalink





`(3) ADDITIONAL AMOUNTS OWED- Prior to the adjudication of an application for adjustment of status filed under this section, the alien shall pay an amount equaling $2,000, but such amount shall not be required from an alien under the age of 18.CommentsClose CommentsPermalink





`(4) USE OF AMOUNTS COLLECTED- The Secretary of Homeland Security shall deposit payments received under paragraphs (2) and (3) in the Immigration Examinations Fee Account, and these payments in such account shall be available, without fiscal year limitation, such that--CommentsClose CommentsPermalink





`(A) 80 percent of such funds shall be available to the Department of Homeland Security for border security purposes;CommentsClose CommentsPermalink





`(B) 10 percent of such funds shall be available to the Department of Homeland Security for implementing and processing applications under this section; andCommentsClose CommentsPermalink





`(C) 10 percent of such funds shall be available to the Department of Homeland Security and the Department of State to cover administrative and other expenses incurred in connection with the review of applications filed by immediate relatives of aliens applying for adjustment of status under this section.CommentsClose CommentsPermalink





`(5) STATE IMPACT ASSISTANCE FEE-CommentsClose CommentsPermalink





`(A) IN GENERAL- In addition to any other amounts required to be paid under this subsection, an alien shall submit, at the time the alien files an application under this section, a State impact assistance fee equal to--CommentsClose CommentsPermalink





`(i) $750 for the principal alien; andCommentsClose CommentsPermalink





`(ii) $100 for the spouse and each child described in subsection (a)(2).CommentsClose CommentsPermalink





`(B) USE OF FEE- The fees collected under subparagraph (A) shall be deposited in the State Impact Assistance Account established under section 286(x).CommentsClose CommentsPermalink





`(m) Mandatory Departure and Reentry- Any alien who was physically present in the United States on January 7, 2004, who seeks to adjust status under this section, but does not satisfy the requirements of subparagraph (B) or (D) of subsection (a)(1), shall be eligible to depart the United States and to seek admission as a nonimmigrant or an immigrant alien described in section 245C.CommentsClose CommentsPermalink





`(n) Issuance of Regulations- Not later than 120 days after the date of enactment of the Immigrant Accountability Act of 2007, the Secretary of Homeland Security shall issue regulations to implement this section.'.CommentsClose CommentsPermalink





(2) TABLE OF CONTENTS- The table of contents (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 245A the following:CommentsClose CommentsPermalink





`245B. Access to Earned Adjustment.'.CommentsClose CommentsPermalink





(c) Mandatory Departure and Reentry-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink





`(b) Requirements- Notwithstanding section 244(h), an alien desiring an adjustment of status under subsection (a) shall meet the following requirements:CommentsClose CommentsPermalink





`(1) PRESENCE- The alien shall establish that the alien--CommentsClose CommentsPermalink





`(A) was physically present in the United States on January 7, 2004;CommentsClose CommentsPermalink





`(B) has been continuously in the United States since such date, except for brief, casual, and innocent departures; andCommentsClose CommentsPermalink





`(C) was not legally present in the United States on that date under any classification set forth in section 101(a)(15).CommentsClose CommentsPermalink





`(2) EMPLOYMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- The alien shall establish that the alien--CommentsClose CommentsPermalink





`(i) was employed in the United States, whether full time, part time, seasonally, or self-employed, before January 7, 2004; andCommentsClose CommentsPermalink





`(ii) has been continuously employed in the United States since that date, except for brief periods of unemployment lasting not longer than 60 days.CommentsClose CommentsPermalink





`(B) EVIDENCE OF EMPLOYMENT-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) the Social Security Administration, Internal Revenue Service, or by any other Federal, State, or local government agency;CommentsClose CommentsPermalink





`(II) an employer; orCommentsClose CommentsPermalink





`(III) a labor union, day labor center, or an organization that assists workers in matters related to employment.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) bank records;CommentsClose CommentsPermalink





`(II) business records;CommentsClose CommentsPermalink





`(III) sworn affidavits from nonrelatives who have direct knowledge of the alien's work, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information; orCommentsClose CommentsPermalink





`(IV) remittance records.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(C) EXEMPTION- The employment requirement under subparagraph (A) shall not apply to any individual who is 65 years of age or older on the date of the enactment of the Immigrant Accountability Act of 2007.CommentsClose CommentsPermalink





`(3) ADMISSIBILITY-CommentsClose CommentsPermalink





`(A) IN GENERAL- The alien shall establish that such alien--CommentsClose CommentsPermalink





`(i) is admissible to the United States, except as provided as in (B); andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) GROUNDS NOT APPLICABLE- The provisions of paragraphs (5), (6)(A), (7), and (9)(B) of section 212(a) shall not apply.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) INELIGIBILITY-CommentsClose CommentsPermalink





`(A) IN GENERAL- The alien is ineligible for Deferred Mandatory Departure status if the alien--CommentsClose CommentsPermalink





`(i) has been ordered removed from the United States--CommentsClose CommentsPermalink





`(I) for overstaying the period of authorized admission under section 217;CommentsClose CommentsPermalink





`(II) under section 235 or 238; orCommentsClose CommentsPermalink





`(III) pursuant to a final order of removal under section 240;CommentsClose CommentsPermalink





`(ii) the alien failed to depart the United States during the period of a voluntary departure order issued under section 240B;CommentsClose CommentsPermalink





`(iii) the alien is subject to section 241(a)(5);CommentsClose CommentsPermalink





`(iv) the Secretary of Homeland Security determines that--CommentsClose CommentsPermalink





`(I) the alien, having been convicted by a final judgment of a serious crime, constitutes a danger to the community of the United States;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(III) there are reasonable grounds for regarding the alien as a danger to the security of the United States; orCommentsClose CommentsPermalink





`(v) the alien has been convicted of a felony or 3 or more misdemeanors.CommentsClose CommentsPermalink





`(B) EXCEPTION- Notwithstanding subparagraph (A), an alien who has not been ordered removed from the United States shall remain eligible for adjustment to lawful permanent resident status under this section if the alien's ineligibility under subparagraph (A) is solely related to the alien's--CommentsClose CommentsPermalink





`(i) entry into the United States without inspection;CommentsClose CommentsPermalink





`(ii) remaining in the United States beyond the period of authorized admission; orCommentsClose CommentsPermalink





`(iii) failure to maintain legal status while in the United States.CommentsClose CommentsPermalink





`(C) WAIVER- The Secretary may, in the Secretary's sole and unreviewable discretion, waive the application of subparagraph (A) if the alien was ordered removed on the basis that the alien--CommentsClose CommentsPermalink





`(i)(I) entered without inspection;CommentsClose CommentsPermalink





`(II) failed to maintain status; orCommentsClose CommentsPermalink





`(III) was ordered removed under 212(a)(6)(C)(i) prior to April 7, 2006; andCommentsClose CommentsPermalink





`(ii)(I) demonstrates that the alien did not receive notice of removal proceedings in accordance with paragraph (1) or (2) of section 239(a);CommentsClose CommentsPermalink





`(II) establishes that the alien's failure to appear was due to exceptional circumstances beyond the control of the alien; orCommentsClose CommentsPermalink





`(III) the alien's departure from the United States now would result in extreme hardship to the alien's spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(6) TERMINATION- The Secretary of Homeland Security may terminate an alien's Deferred Mandatory Departure status if--CommentsClose CommentsPermalink





`(A) the Secretary of Homeland Security determines that the alien was not in fact eligible for such status; orCommentsClose CommentsPermalink





`(B) the alien commits an act that makes the alien removable from the United States.CommentsClose CommentsPermalink





`(7) APPLICATION CONTENT AND WAIVER-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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 judicial review 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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(c) Implementation and Application Time Periods-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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. The provisions under subsections (e) and (f) of section 245B shall apply to applications filed under this section.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(e) Acknowledgment-CommentsClose CommentsPermalink





`(1) IN GENERAL- An alien who applies for Deferred Mandatory Departure status shall submit to the Secretary of Homeland Security--CommentsClose CommentsPermalink





`(A) an acknowledgment made in writing and under oath that the alien--CommentsClose CommentsPermalink





`(i) is unlawfully present in the United States and subject to removal or deportation, as appropriate, under this Act; andCommentsClose CommentsPermalink





`(ii) understands the terms of the terms of Deferred Mandatory Departure;CommentsClose CommentsPermalink





`(B) any Social Security account number or card in the possession of the alien or relied upon by the alien;CommentsClose CommentsPermalink





`(C) any false or fraudulent documents in the alien's possession.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(f) Mandatory Departure-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) REGISTRATION AT TIME OF DEPARTURE- An alien granted Deferred Mandatory Departure shall--CommentsClose CommentsPermalink





`(A) depart from the United States before the expiration of the period of Deferred Mandatory Departure status;CommentsClose CommentsPermalink





`(B) register with the Secretary of Homeland Security at the time of departure; andCommentsClose CommentsPermalink





`(C) surrender any evidence of Deferred Mandatory Departure status at the time of departure.CommentsClose CommentsPermalink





`(3) APPLICATION FOR READMISSION-CommentsClose CommentsPermalink





`(A) IN GENERAL- An alien under this section may apply for admission to the United 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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) deemed to have departed under this section upon the successful admission of the principal alien; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(5) WAIVERS- The Secretary of Homeland Security may waive the departure requirement under this subsection if the alien--CommentsClose CommentsPermalink





`(A) is granted an immigrant or nonimmigrant visa; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) shall not be subject to section 212(a)(9)(B);CommentsClose CommentsPermalink





`(B) if otherwise eligible, may immediately seek admission as a nonimmigrant or immigrant; andCommentsClose CommentsPermalink





`(C) is eligible to be employed by an employer in the United States regardless of whether the employer has complied with the requirements of section 218B(b)(7).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(8) PENALTIES FOR DELAYED DEPARTURE- An alien who fails to depart immediately shall be subject to--CommentsClose CommentsPermalink





`(A) no fine if the alien departs not later than 1 year after the grant of Deferred Mandatory Departure;CommentsClose CommentsPermalink





`(B) a fine of $2,000 if the alien does not depart within 2 years after the grant of Deferred Mandatory Departure; andCommentsClose CommentsPermalink





`(C) a fine of $3,000 if the alien does not depart within 3 years after the grant of Deferred Mandatory Departure.CommentsClose CommentsPermalink





`(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(c).CommentsClose CommentsPermalink





`(h) Terms of Status-CommentsClose CommentsPermalink





`(1) REPORTING- During the period of Deferred Mandatory Departure, an alien shall comply with all registration requirements under section 264.CommentsClose CommentsPermalink





`(2) TRAVEL-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) Under regulations established by the Secretary of Homeland Security, an alien granted Deferred Mandatory Departure--CommentsClose CommentsPermalink





`(i) may travel outside of the United States and may be readmitted if the period of Deferred Mandatory Departure status has not expired; andCommentsClose CommentsPermalink





`(ii) must establish at the time of application for admission that the alien is admissible under section 212.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) BENEFITS- During the period in which an alien is granted Deferred Mandatory Departure under this section--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(i) Prohibition on Change of Status or Adjustment of Status-CommentsClose CommentsPermalink





`(1) IN GENERAL- Before leaving the United States, an alien granted Deferred Mandatory Departure status may not apply to change status under section 248.CommentsClose CommentsPermalink





`(2) ADJUSTMENT OF STATUS- An alien may not adjust to an immigrant classification under this section until after the earlier of--CommentsClose CommentsPermalink





`(A) the consideration of all applications filed under section 201, 202, or 203 before the date of enactment of this section; orCommentsClose CommentsPermalink





`(B) 8 years after the date of enactment of this section.CommentsClose CommentsPermalink





`(j) Application Fee-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) STATE IMPACT ASSISTANCE FEE-CommentsClose CommentsPermalink





`(A) IN GENERAL- In addition to any other amounts required to be paid under this subsection, an alien seeking Deferred Mandatory Departure status shall submit, at the time the alien files an application under this section, a State impact assistance fee equal to $750.CommentsClose CommentsPermalink





`(B) USE OF FEE- The fees collected under subparagraph (A) shall be deposited in the State Impact Assistance Account established under section 286(x).CommentsClose CommentsPermalink





`(k) Family Members-CommentsClose CommentsPermalink





`(1) IN GENERAL- Subject to 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.CommentsClose CommentsPermalink





`(2) APPLICATION FEE-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) STATE IMPACT ASSISTANCE FEE-CommentsClose CommentsPermalink





`(A) IN GENERAL- In addition to any other amounts required to be paid under this subsection, the spouse and each child of an alien seeking Deferred Mandatory Departure status shall submit a State impact assistance fee equal to $100.CommentsClose CommentsPermalink





`(B) USE OF FEE- The fees collected under subparagraph (A) shall be deposited in the State Impact Assistance Account established under section 286(x).CommentsClose CommentsPermalink





`(l) Employment-CommentsClose CommentsPermalink





`(1) IN GENERAL- An alien who has applied for or has been granted Deferred Mandatory Departure status may be employed in the United States.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(n) Penalties for False Statements in Application for Deferred Mandatory Departure-CommentsClose CommentsPermalink





`(1) CRIMINAL PENALTY-CommentsClose CommentsPermalink





`(A) VIOLATION- It shall be unlawful for any person--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(ii) to create or supply a false writing or document for use in making such an application.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(p) Waiver of Rights- An alien is not eligible for Deferred Mandatory Departure status, unless the alien has waived any right under subsection (b)(7)(C), other than on the basis of an application for asylum, restriction 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, 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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) any judgment regarding the granting of relief under this section; orCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(r) Judicial Review-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) enter declaratory, injunctive, or other equitable relief in any action pertaining to--CommentsClose CommentsPermalink





`(i) an order or notice denying an alien a grant of Deferred Mandatory Departure status or any other benefit arising from such status; orCommentsClose CommentsPermalink





`(ii) an order of removal, exclusion, or deportation entered against an alien after a grant of Deferred Mandatory Departure status; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) CHALLENGES TO VALIDITY-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) whether such section, or any regulation issued to implement such section, violates the Constitution of the United States; orCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





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





(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'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Correction of Social Security Records- Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B)(ii), by striking `or' at the end;CommentsClose CommentsPermalink





(2) in subparagraph (C), by inserting `or' at the end;CommentsClose CommentsPermalink





(3) by inserting after subparagraph (C) the following:CommentsClose CommentsPermalink





`(D) whose status is adjusted to that of lawful permanent resident under section 245B of the Immigration and Nationality Act,'; andCommentsClose CommentsPermalink





(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.'.CommentsClose CommentsPermalink





(e) State Impact Assistance Account- Section 286 (8 U.S.C. 1356) is amended by inserting after subsection (w) the following:CommentsClose CommentsPermalink





`(x) State Impact Assistance Account-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- There is established in the general fund of the Treasury a separate account, which shall be known as the `State Impact Assistance Account'.CommentsClose CommentsPermalink





`(2) SOURCE OF FUNDS- Notwithstanding any other provision under this Act, there shall be deposited as offsetting receipts into the State Impact Assistance Account all State impact assistance fees collected under section 245B(m)(5) and subsections (j)(3) and (k)(3) of section 245C.CommentsClose CommentsPermalink





`(3) USE OF FUNDS- Amounts deposited into the State Impact Assistance Account may only be used to carry out the State Impact Assistance Grant Program established under paragraph (4).CommentsClose CommentsPermalink





`(4) STATE IMPACT ASSISTANCE GRANT PROGRAM-CommentsClose CommentsPermalink





`(A) ESTABLISHMENT- The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall establish the State Impact Assistance Grant Program (referred to in this section as the `Program'), under which the Secretary may award grants to States to provide health and education services to noncitizens in accordance with this paragraph.CommentsClose CommentsPermalink





`(B) STATE ALLOCATIONS- The Secretary of Health and Human Services shall annually allocate the amounts available in the State Impact Assistance Account among the States as follows:CommentsClose CommentsPermalink





`(i) NONCITIZEN POPULATION- Eighty percent of such amounts shall be allocated so that each State receives the greater of--CommentsClose CommentsPermalink





`(I) $5,000,000; orCommentsClose CommentsPermalink





`(II) after adjusting for allocations under subclause (I), the percentage of the amount to be distributed under this clause that is equal to the noncitizen resident population of the State divided by the noncitizen resident population of all States, based on the most recent data available from the Bureau of the Census.CommentsClose CommentsPermalink





`(ii) HIGH GROWTH RATES- Twenty percent of such amounts shall be allocated among the 20 States with the largest growth rates in noncitizen resident population, as determined by the Secretary of Health and Human Services, so that each such State receives the percentage of the amount distributed under this clause that is equal to--CommentsClose CommentsPermalink





`(I) the growth rate in the noncitizen resident population of the State during the most recent 3-year period for which data is available from the Bureau of the Census; divided byCommentsClose CommentsPermalink





`(II) the average growth rate in noncitizen resident population for the 20 States during such 3-year period.CommentsClose CommentsPermalink





`(iii) LEGISLATIVE APPROPRIATIONS- The use of grant funds allocated to States under this paragraph shall be subject to appropriation by the legislature of each State in accordance with the terms and conditions under this paragraph.CommentsClose CommentsPermalink





`(C) FUNDING FOR LOCAL GOVERNMENT-CommentsClose CommentsPermalink





`(i) DISTRIBUTION CRITERIA- Grant funds received by States under this paragraph shall be distributed to units of local government based on need and function.CommentsClose CommentsPermalink





`(ii) MINIMUM DISTRIBUTION- Except as provided in clause (iii), a State shall distribute not less than 30 percent of the grant funds received under this paragraph to units of local government not later than 180 days after receiving such funds.CommentsClose CommentsPermalink





`(iii) EXCEPTION- If an eligible unit of local government that is available to carry out the activities described in subparagraph (D) cannot be found in a State, the State does not need to comply with clause (ii).CommentsClose CommentsPermalink





`(iv) UNEXPENDED FUNDS- Any grant funds distributed by a State to a unit of local government that remain unexpended as of the end of the grant period shall revert to the State for redistribution to another unit of local government.CommentsClose CommentsPermalink





`(D) USE OF FUNDS- States and units of local government shall use grant funds received under this paragraph to provide health services, educational services, and related services to noncitizens within their jurisdiction directly, or through contracts with eligible services providers, including--CommentsClose CommentsPermalink





`(i) health care providers;CommentsClose CommentsPermalink





`(ii) local educational agencies; andCommentsClose CommentsPermalink





`(iii) charitable and religious organizations.CommentsClose CommentsPermalink





`(E) STATE DEFINED- In this paragraph, the term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink





`(F) CERTIFICATION- In order to receive a payment under this section, the State shall provide the Secretary of Health and Human Services with a certification that the State's proposed uses of the fund are consistent with (D).CommentsClose CommentsPermalink





`(G) ANNUAL REPORT- The Secretary of Health and Human Services shall inform the States annually of the amount of funds available to each State under the Program.'.CommentsClose CommentsPermalink

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 2007' or the `AgJOBS Act of 2007'.CommentsClose CommentsPermalink

SEC. 612. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) TEMPORARY- A worker is employed on a `temporary' basis where the employment is intended not to exceed 10 months.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(7) WORK DAY- The term `work day' means any day in which the individual is employed 5.75 or more hours in agricultural employment.CommentsClose CommentsPermalink

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

SEC. 613. AGRICULTURAL WORKERS.

(a) Blue Card Program-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) TERMINATION OF BLUE CARD STATUS-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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)); orCommentsClose CommentsPermalink





(ii) the alien--CommentsClose CommentsPermalink





(I) commits an act that makes the alien inadmissible to the United States as an immigrant, except as provided under subsection (e)(2);CommentsClose CommentsPermalink





(II) is convicted of a felony or 3 or more misdemeanors committed in the United States; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) RECORD OF EMPLOYMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Each employer of a worker granted status under this subsection shall annually--CommentsClose CommentsPermalink





(i) provide a written record of employment to the alien; andCommentsClose CommentsPermalink





(ii) provide a copy of such record to the Secretary.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued;CommentsClose CommentsPermalink





(B) biometric identifiers, including fingerprints and a digital photograph; andCommentsClose CommentsPermalink





(C) physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes.CommentsClose CommentsPermalink





(7) FINE- An alien granted blue card status shall pay a fine to the Secretary in an amount equal to $100.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Rights of Aliens Granted Blue Card Status-CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) TERMS OF EMPLOYMENT RESPECTING ALIENS ADMITTED UNDER THIS SECTION-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) TREATMENT OF COMPLAINTS-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(C) CIVIL PENALTIES-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Adjustment to Permanent Residence-CommentsClose CommentsPermalink





(1) AGRICULTURAL WORKERS-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:CommentsClose CommentsPermalink





(i) QUALIFYING EMPLOYMENT- The alien has performed at least--CommentsClose CommentsPermalink





(I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; orCommentsClose CommentsPermalink





(II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink





(ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--CommentsClose CommentsPermalink





(I) the record of employment described in subsection (a)(5); orCommentsClose CommentsPermalink





(II) such documentation as may be submitted under subsection (d)(3).CommentsClose CommentsPermalink





(iii) EXTRAORDINARY CIRCUMSTANCES- In determining whether an alien has met the requirement under clause (i)(I), the Secretary may credit the alien with not more than 12 additional months to meet the requirement under clause (i) if the alien was unable to work in agricultural employment due to--CommentsClose CommentsPermalink





(I) pregnancy, injury, or disease, if the alien can establish such pregnancy, disabling injury, or disease through medical records;CommentsClose CommentsPermalink





(II) illness, disease, or other special needs of a minor child, if the alien can establish such illness, disease, or special needs through medical records; orCommentsClose CommentsPermalink





(III) severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period of time.CommentsClose CommentsPermalink





(iv) APPLICATION PERIOD- The alien applies for adjustment of status not later than 7 years after the date of the enactment of this Act.CommentsClose CommentsPermalink





(v) FINE- The alien pays a fine to the Secretary in an amount equal to $400.CommentsClose CommentsPermalink





(B) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS- The Secretary may deny an alien adjustment to permanent resident status, and provide for termination of the blue card status granted such alien, if--CommentsClose CommentsPermalink





(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)); orCommentsClose CommentsPermalink





(ii) the alien--CommentsClose CommentsPermalink





(I) commits an act that makes the alien inadmissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as provided under subsection (e)(2);CommentsClose CommentsPermalink





(II) is convicted of a felony or 3 or more misdemeanors committed in the United States; orCommentsClose CommentsPermalink





(III) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.CommentsClose CommentsPermalink





(C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).CommentsClose CommentsPermalink





(D) PAYMENT OF TAXES-CommentsClose CommentsPermalink





(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 any applicable Federal tax liability by establishing that--CommentsClose CommentsPermalink





(I) no such tax liability exists;CommentsClose CommentsPermalink





(II) all outstanding liabilities have been paid; orCommentsClose CommentsPermalink





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





(ii) APPLICABLE FEDERAL TAX LIABILITY- For purposes of clause (i), the term `applicable Federal tax liability' means liability for Federal taxes, including penalties and interest, owed for any year during the period of employment required under paragraph (1)(A) for which the statutory period for assessment of any deficiency for such taxes has not expired.CommentsClose CommentsPermalink





(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 taxes required by this subparagraph.CommentsClose CommentsPermalink





(2) SPOUSES AND MINOR CHILDREN-CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.CommentsClose CommentsPermalink





(B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-CommentsClose CommentsPermalink





(i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).CommentsClose CommentsPermalink





(ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.CommentsClose CommentsPermalink





(iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.CommentsClose CommentsPermalink





(C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--CommentsClose CommentsPermalink





(i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);CommentsClose CommentsPermalink





(ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; orCommentsClose CommentsPermalink





(iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.CommentsClose CommentsPermalink





(d) Applications-CommentsClose CommentsPermalink





(1) TO WHOM MAY BE MADE- The Secretary shall provide that--CommentsClose CommentsPermalink





(A) applications for blue card status may be filed--CommentsClose CommentsPermalink





(i) with the Secretary, but only if the applicant is represented by an attorney or a non-profit religious, charitable, social service, or similar organization recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations; orCommentsClose CommentsPermalink





(ii) with a qualified designated entity (designated under paragraph (2)), but only if the applicant consents to the forwarding of the application to the Secretary; andCommentsClose CommentsPermalink





(B) applications for adjustment of status under subsection (c) shall be filed directly with the Secretary.CommentsClose CommentsPermalink





(2) DESIGNATION OF ENTITIES TO RECEIVE APPLICATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- For purposes of receiving applications under subsection (a), the Secretary--CommentsClose CommentsPermalink





(i) shall designate qualified farm labor organizations and associations of employers; andCommentsClose CommentsPermalink





(ii) may designate such other persons as the Secretary determines are qualified and have substantial experience, demonstrate competence, and have traditional long-term involvement in the preparation and submission of applications for adjustment of status under section 209, 210, or 245 of the Immigration and Nationality Act, Public Law 89-732, Public Law 95-145, or the Immigration Reform and Control Act of 1986.CommentsClose CommentsPermalink





(B) REFERENCES- Organizations, associations, and persons designated under subparagraph (A) are referred to in this subtitle as `qualified designated entities'.CommentsClose CommentsPermalink





(3) PROOF OF ELIGIBILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- An alien may establish that the alien meets the requirement of subsection (a)(1)(A) or (c)(1)(A) through government employment records or records supplied by employers or collective bargaining organizations, and other reliable documentation as the alien may provide. The Secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name.CommentsClose CommentsPermalink





(B) DOCUMENTATION OF WORK HISTORY-CommentsClose CommentsPermalink





(i) BURDEN OF PROOF- An alien applying for status under subsection (a)(1) or (c)(1) has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of hours or days (as required under subsection (a)(1)(A) or (c)(1)(A)).CommentsClose CommentsPermalink





(ii) TIMELY PRODUCTION OF RECORDS- If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the alien's burden of proof under clause (i) may be met by securing timely production of those records under regulations to be promulgated by the Secretary.CommentsClose CommentsPermalink





(iii) SUFFICIENT EVIDENCE- An alien can meet the burden of proof under clause (i) to establish that the alien has performed the work described in subsection (a)(1)(A) or (c)(1)(A) by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference.CommentsClose CommentsPermalink





(4) TREATMENT OF APPLICATIONS BY QUALIFIED DESIGNATED ENTITIES- Each qualified designated entity shall agree to forward to the Secretary applications filed with it in accordance with paragraph (1)(A)(ii) but shall not forward to the Secretary applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Secretary. Upon the request of the alien, a qualified designated entity shall assist the alien in obtaining documentation of the work history of the alien.CommentsClose CommentsPermalink





(5) LIMITATION ON ACCESS TO INFORMATION- Files and records prepared for purposes of this subsection by qualified designated entities operating under this subsection are confidential and the Secretary shall not have access to such files or records relating to an alien without the consent of the alien, except as allowed by a court order issued pursuant to paragraph (6).CommentsClose CommentsPermalink





(6) CONFIDENTIALITY OF INFORMATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as otherwise provided in this subsection, neither the Secretary, nor any other official or employee of the Department, or a bureau or agency of the Department, may--CommentsClose CommentsPermalink





(i) use the information furnished by the applicant pursuant to an application filed under this section, the information provided to the applicant by a person designated under paragraph (2)(A), or any information provided by an employer or former employer, for any purpose other than to make a determination on the application, or for enforcement of paragraph (7);CommentsClose CommentsPermalink





(ii) make any publication whereby the information furnished by any particular individual can be identified; orCommentsClose CommentsPermalink





(iii) permit anyone other than the sworn officers and employees of the Department, or a bureau or agency of the Department, or, with respect to applications filed with a qualified designated entity, that qualified designated entity, to examine individual applications.CommentsClose CommentsPermalink





(B) REQUIRED DISCLOSURES- The Secretary shall provide the information furnished under this section, or any other information derived from such furnished information, to--CommentsClose CommentsPermalink





(i) a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, if such information is requested in writing by such entity; orCommentsClose CommentsPermalink





(ii) an official coroner, for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime.CommentsClose CommentsPermalink





(C) CONSTRUCTION-CommentsClose CommentsPermalink





(i) IN GENERAL- Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Department pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source.CommentsClose CommentsPermalink





(ii) CRIMINAL CONVICTIONS- Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.CommentsClose CommentsPermalink





(D) CRIME- Any person who knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be subject to a fine in an amount not to exceed $10,000.CommentsClose CommentsPermalink





(7) PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS-CommentsClose CommentsPermalink





(A) CRIMINAL PENALTY- Any person who--CommentsClose CommentsPermalink





(i) files an application for status under subsection (a) or (c) and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; orCommentsClose CommentsPermalink





(ii) creates or supplies a false writing or document for use in making such an application,CommentsClose CommentsPermalink





shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.CommentsClose CommentsPermalink





(B) INADMISSIBILITY- An alien who is convicted of a crime under subparagraph (A) shall be considered to be inadmissible to the United States on the ground described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).CommentsClose CommentsPermalink





(8) ELIGIBILITY FOR LEGAL SERVICES- Section 504(a)(11) of Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be construed to prevent a recipient of funds under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing legal assistance directly related to an application for adjustment of status under this section.CommentsClose CommentsPermalink





(9) APPLICATION FEES-CommentsClose CommentsPermalink





(A) FEE SCHEDULE- The Secretary shall provide for a schedule of fees that--CommentsClose CommentsPermalink





(i) shall be charged for the filing of applications for status under subsections (a) and (c); andCommentsClose CommentsPermalink





(ii) may be charged by qualified designated entities to help defray the costs of services provided to such applicants.CommentsClose CommentsPermalink





(B) PROHIBITION ON EXCESS FEES BY QUALIFIED DESIGNATED ENTITIES- A qualified designated entity may not charge any fee in excess of, or in addition to, the fees authorized under subparagraph (A)(ii) for services provided to applicants.CommentsClose CommentsPermalink





(C) DISPOSITION OF FEES-CommentsClose CommentsPermalink





(i) IN GENERAL- There is established in the general fund of the Treasury a separate account, which shall be known as the `Agricultural Worker Immigration Status Adjustment Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under subparagraph (A)(i).CommentsClose CommentsPermalink





(ii) USE OF FEES FOR APPLICATION PROCESSING- Amounts deposited in the `Agricultural Worker Immigration Status Adjustment Account' shall remain available to the Secretary until expended for processing applications for status under subsections (a) and (c).CommentsClose CommentsPermalink





(e) Waiver of Numerical Limitations and Certain Grounds for Inadmissibility-CommentsClose CommentsPermalink





(1) NUMERICAL LIMITATIONS DO NOT APPLY- The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to lawful permanent resident status under this section.CommentsClose CommentsPermalink





(2) WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY- In the determination of an alien's eligibility for status under subsection (a)(1)(C) or an alien's eligibility for adjustment of status under subsection (c)(1)(B)(ii)(I), the following rules shall apply:CommentsClose CommentsPermalink





(A) GROUNDS OF EXCLUSION NOT APPLICABLE- The provisions of paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.CommentsClose CommentsPermalink





(B) WAIVER OF OTHER GROUNDS-CommentsClose CommentsPermalink





(i) IN GENERAL- Except as provided in clause (ii), the Secretary may waive any other provision of such section 212(a) in the case of individual aliens for humanitarian purposes, to ensure family unity, or if otherwise in the public interest.CommentsClose CommentsPermalink





(ii) GROUNDS THAT MAY NOT BE WAIVED- Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of such section 212(a) may not be waived by the Secretary under clause (i).CommentsClose CommentsPermalink





(iii) CONSTRUCTION- Nothing in this subparagraph shall be construed as affecting the authority of the Secretary other than under this subparagraph to waive provisions of such section 212(a).CommentsClose CommentsPermalink





(C) SPECIAL RULE FOR DETERMINATION OF PUBLIC CHARGE- An alien is not ineligible for status under this section by reason of a ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance.CommentsClose CommentsPermalink





(f) Temporary Stay of Removal and Work Authorization for Certain Applicants-CommentsClose CommentsPermalink





(1) BEFORE APPLICATION PERIOD- Effective on the date of enactment of this Act, the Secretary shall provide that, in the case of an alien who is apprehended before the beginning of the application period described in subsection (a)(1)(B) and who can establish a nonfrivolous case of eligibility for blue card status (but for the fact that the alien may not apply for such status until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for blue card status, the alien--CommentsClose CommentsPermalink





(A) may not be removed; andCommentsClose CommentsPermalink





(B) shall be granted authorization to engage in employment in the United States and be provided an `employment authorized' endorsement or other appropriate work permit for such purpose.CommentsClose CommentsPermalink





(2) DURING APPLICATION PERIOD- The Secretary shall provide that, in the case of an alien who presents a nonfrivolous application for blue card status during the application period described in subsection (a)(1)(B), including an alien who files such an application within 30 days of the alien's apprehension, and until a final determination on the application has been made in accordance with this section, the alien--CommentsClose CommentsPermalink





(A) may not be removed; andCommentsClose CommentsPermalink





(B) shall be granted authorization to engage in employment in the United States and be provided an `employment authorized' endorsement or other appropriate work permit for such purpose.CommentsClose CommentsPermalink





(g) Administrative and Judicial Review-CommentsClose CommentsPermalink





(1) IN GENERAL- There shall be no administrative or judicial review of a determination respecting an application for status under subsection (a) or (c) except in accordance with this subsection.CommentsClose CommentsPermalink





(2) ADMINISTRATIVE REVIEW-CommentsClose CommentsPermalink





(A) SINGLE LEVEL OF ADMINISTRATIVE APPELLATE REVIEW- The Secretary shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination.CommentsClose CommentsPermalink





(B) STANDARD FOR REVIEW- Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.CommentsClose CommentsPermalink





(3) JUDICIAL REVIEW-CommentsClose CommentsPermalink





(A) LIMITATION TO REVIEW OF REMOVAL- There shall be judicial review of such a determination only in the judicial review of an order of removal under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).CommentsClose CommentsPermalink





(B) STANDARD FOR JUDICIAL REVIEW- Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.CommentsClose CommentsPermalink





(h) Dissemination of Information on Adjustment Program- Beginning not later than the first day of the application period described in subsection (a)(1)(B), the Secretary, in cooperation with qualified designated entities, shall broadly disseminate information respecting the benefits that aliens may receive under this section and the requirements to be satisfied to obtain such benefits.CommentsClose CommentsPermalink





(i) Regulations- The Secretary shall issue regulations to implement this section not later than the first day of the seventh month that begins after the date of enactment of this Act.CommentsClose CommentsPermalink





(j) Effective Date- This section shall take effect on the date that regulations are issued implementing this section on an interim or other basis.CommentsClose CommentsPermalink





(k) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to carry out this section $40,000,000 for each of the fiscal years 2008 through 2012.CommentsClose CommentsPermalink

SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) In General- Section 208(d)(1) of the Social Security Act (42 U.S.C. 408(d)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B)(ii), by striking `or' at the end;CommentsClose CommentsPermalink





(2) in subparagraph (C), by inserting `or' at the end;CommentsClose CommentsPermalink





(3) by inserting after subparagraph (C) the following:CommentsClose CommentsPermalink





`(D) who is granted blue card status under the AgJOBS Act of 2007,'; andCommentsClose CommentsPermalink





(4) by striking `1990.' and inserting `1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred before the date on which the alien was granted blue card status.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall take effect on the first day of the seventh month that begins after the date of the enactment of this Act.CommentsClose CommentsPermalink

CHAPTER 2--REFORM OF H-2A WORKER PROGRAM

SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

(a) In General- Title II (8 U.S.C. 1151 et seq.) is amended--CommentsClose CommentsPermalink





(1) by striking section 218 and inserting the following:CommentsClose CommentsPermalink

`SEC. 218. H-2A EMPLOYER APPLICATIONS.

`(a) Applications to the Secretary of Labor-CommentsClose CommentsPermalink





`(1) IN GENERAL- No alien may be admitted to the United States as an H-2A worker, or otherwise provided status as an H-2A worker, unless the employer has filed with the Secretary of Labor an application containing--CommentsClose CommentsPermalink





`(A) the assurances described in subsection (b);CommentsClose CommentsPermalink





`(B) a description of the nature and location of the work to be performed;CommentsClose CommentsPermalink





`(C) the anticipated period (expected beginning and ending dates) for which the workers will be needed; andCommentsClose CommentsPermalink





`(D) the number of job opportunities in which the employer seeks to employ the workers.CommentsClose CommentsPermalink





`(2) ACCOMPANIED BY JOB OFFER- Each application filed under paragraph (1) shall be accompanied by a copy of the job offer describing the wages and other terms and conditions of employment and the bona fide occupational qualifications that shall be possessed by a worker to be employed in the job opportunity in question.CommentsClose CommentsPermalink





`(b) Assurances for Inclusion in Applications- The assurances referred to in subsection (a)(1) are the following:CommentsClose CommentsPermalink





`(1) JOB OPPORTUNITIES COVERED BY COLLECTIVE BARGAINING AGREEMENTS- With respect to a job opportunity that is covered under a collective bargaining agreement:CommentsClose CommentsPermalink





`(A) UNION CONTRACT DESCRIBED- The job opportunity is covered by a union contract which was negotiated at arm's length between a bona fide union and the employer.CommentsClose CommentsPermalink





`(B) STRIKE OR LOCKOUT- The specific job opportunity for which the employer is requesting an H-2A worker is not vacant because the former occupant is on strike or being locked out in the course of a labor dispute.CommentsClose CommentsPermalink





`(C) NOTIFICATION OF BARGAINING REPRESENTATIVES- The employer, at the time of filing the application, has provided notice of the filing under this paragraph to the bargaining representative of the employer's employees in the occupational classification at the place or places of employment for which aliens are sought.CommentsClose CommentsPermalink





`(D) TEMPORARY OR SEASONAL JOB OPPORTUNITIES- The job opportunity is temporary or seasonal.CommentsClose CommentsPermalink





`(E) OFFERS TO UNITED STATES WORKERS- The employer has offered or will offer the job to any eligible United States worker who applies and is equally or better qualified for the job for which the nonimmigrant is, or the nonimmigrants are, sought and who will be available at the time and place of need.CommentsClose CommentsPermalink





`(F) PROVISION OF INSURANCE- If the job opportunity is not covered by the State workers' compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of, and in the course of, the worker's employment which will provide benefits at least equal to those provided under the State's workers' compensation law for comparable employment.CommentsClose CommentsPermalink





`(2) JOB OPPORTUNITIES NOT COVERED BY COLLECTIVE BARGAINING AGREEMENTS- With respect to a job opportunity that is not covered under a collective bargaining agreement:CommentsClose CommentsPermalink





`(A) STRIKE OR LOCKOUT- The specific job opportunity for which the employer is requesting an H-2A worker is not vacant because the former occupant is on strike or being locked out in the course of a labor dispute.CommentsClose CommentsPermalink





`(B) TEMPORARY OR SEASONAL JOB OPPORTUNITIES- The job opportunity is temporary or seasonal.CommentsClose CommentsPermalink





`(C) BENEFIT, WAGE, AND WORKING CONDITIONS- The employer will provide, at a minimum, the benefits, wages, and working conditions required by section 218E to all workers employed in the job opportunities for which the employer has applied under subsection (a) and to all other workers in the same occupation at the place of employment.CommentsClose CommentsPermalink





`(D) NONDISPLACEMENT OF UNITED STATES WORKERS- The employer did not displace and will not displace a United States worker employed by the employer during the period of employment and for a period of 30 days preceding the period of employment in the occupation at the place of employment for which the employer seeks approval to employ H-2A workers.CommentsClose CommentsPermalink





`(E) REQUIREMENTS FOR PLACEMENT OF NONIMMIGRANT WITH OTHER EMPLOYERS- The employer will not place the nonimmigrant with another employer unless--CommentsClose CommentsPermalink





`(i) the nonimmigrant performs duties in whole or in part at 1 or more work sites owned, operated, or controlled by such other employer;CommentsClose CommentsPermalink





`(ii) there are indicia of an employment relationship between the nonimmigrant and such other employer; andCommentsClose CommentsPermalink





`(iii) the employer has inquired of the other employer as to whether, and has no actual knowledge or notice that, during the period of employment and for a period of 30 days preceding the period of employment, the other employer has displaced or intends to displace a United States worker employed by the other employer in the occupation at the place of employment for which the employer seeks approval to employ H-2A workers.CommentsClose CommentsPermalink





`(F) STATEMENT OF LIABILITY- The application form shall include a clear statement explaining the liability under subparagraph (E) of an employer if the other employer described in such subparagraph displaces a United States worker as described in such subparagraph.CommentsClose CommentsPermalink





`(G) PROVISION OF INSURANCE- If the job opportunity is not covered by the State workers' compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the worker's employment which will provide benefits at least equal to those provided under the State's workers' compensation law for comparable employment.CommentsClose CommentsPermalink





`(H) EMPLOYMENT OF UNITED STATES WORKERS-CommentsClose CommentsPermalink





`(i) RECRUITMENT- The employer has taken or will take the following steps to recruit United States workers for the job opportunities for which the H-2A nonimmigrant is, or H-2A nonimmigrants are, sought:CommentsClose CommentsPermalink





`(I) CONTACTING FORMER WORKERS- The employer shall make reasonable efforts through the sending of a letter by United States Postal Service mail, or otherwise, to contact any United States worker the employer employed during the previous season in the occupation at the place of intended employment for which the employer is applying for workers and has made the availability of the employer's job opportunities in the occupation at the place of intended employment known to such previous workers, unless the worker was terminated from employment by the employer for a lawful job-related reason or abandoned the job before the worker completed the period of employment of the job opportunity for which the worker was hired.CommentsClose CommentsPermalink





`(II) FILING A JOB OFFER WITH THE LOCAL OFFICE OF THE STATE EMPLOYMENT SECURITY AGENCY- Not later than 28 days before the date on which the employer desires to employ an H-2A worker in a temporary or seasonal agricultural job opportunity, the employer shall submit a copy of the job offer described in subsection (a)(2) to the local office of the State employment security agency which serves the area of intended employment and authorize the posting of the job opportunity on `America's Job Bank' or other electronic job registry, except that nothing in this subclause shall require the employer to file an interstate job order under section 653 of title 20, Code of Federal Regulations.CommentsClose CommentsPermalink





`(III) ADVERTISING OF JOB OPPORTUNITIES- Not later than 14 days before the date on which the employer desires to employ an H-2A worker in a temporary or seasonal agricultural job opportunity, the employer shall advertise the availability of the job opportunities for which the employer is seeking workers in a publication in the local labor market that is likely to be patronized by potential farm workers.CommentsClose CommentsPermalink





`(IV) EMERGENCY PROCEDURES- The Secretary of Labor shall, by regulation, provide a procedure for acceptance and approval of applications in which the employer has not complied with the provisions of this subparagraph because the employer's need for H-2A workers could not reasonably have been foreseen.CommentsClose CommentsPermalink





`(ii) JOB OFFERS- The employer has offered or will offer the job to any eligible United States worker who applies and is equally or better qualified for the job for which the nonimmigrant is, or nonimmigrants are, sought and who will be available at the time and place of need.CommentsClose CommentsPermalink





`(iii) PERIOD OF EMPLOYMENT- The employer will provide employment to any qualified United States worker who applies to the employer during the period beginning on the date on which the foreign worker departs for the employer's place of employment and ending on the date on which 50 percent of the period of employment for which the foreign worker who is in the job was hired has elapsed, subject to the following requirements:CommentsClose CommentsPermalink





`(I) PROHIBITION- No person or entity shall willfully and knowingly withhold United States workers before the arrival of H-2A workers in order to force the hiring of United States workers under this clause.CommentsClose CommentsPermalink





`(II) COMPLAINTS- Upon receipt of a complaint by an employer that a violation of subclause (I) has occurred, the Secretary of Labor shall immediately investigate. The Secretary of Labor shall, within 36 hours of the receipt of the complaint, issue findings concerning the alleged violation. If the Secretary of Labor finds that a violation has occurred, the Secretary of Labor shall immediately suspend the application of this clause with respect to that certification for that date of need.CommentsClose CommentsPermalink





`(III) PLACEMENT OF UNITED STATES WORKERS- Before referring a United States worker to an employer during the period described in the matter preceding subclause (I), the Secretary of Labor shall make all reasonable efforts to place the United States worker in an open job acceptable to the worker, if there are other job offers pending with the job service that offer similar job opportunities in the area of intended employment.CommentsClose CommentsPermalink





`(iv) STATUTORY CONSTRUCTION- Nothing in this subparagraph shall be construed to prohibit an employer from using such legitimate selection criteria relevant to the type of job that are normal or customary to the type of job involved so long as such criteria are not applied in a discriminatory manner.CommentsClose CommentsPermalink





`(c) Applications by Associations on Behalf of Employer Members-CommentsClose CommentsPermalink





`(1) IN GENERAL- An agricultural association may file an application under subsection (a) on behalf of 1 or more of its employer members that the association certifies in its application has or have agreed in writing to comply with the requirements of this section and sections 218E through 218G.CommentsClose CommentsPermalink





`(2) TREATMENT OF ASSOCIATIONS ACTING AS EMPLOYERS- If an association filing an application under paragraph (1) is a joint or sole employer of the temporary or seasonal agricultural workers requested on the application, the certifications granted under subsection (e)(2)(B) to the association may be used for the certified job opportunities of any of its producer members named on the application, and such workers may be transferred among such producer members to perform the agricultural services of a temporary or seasonal nature for which the certifications were granted.CommentsClose CommentsPermalink





`(d) Withdrawal of Applications-CommentsClose CommentsPermalink





`(1) IN GENERAL- An employer may withdraw an application filed pursuant to subsection (a), except that if the employer is an agricultural association, the association may withdraw an application filed pursuant to subsection (a) with respect to 1 or more of its members. To withdraw an application, the employer or association shall notify the Secretary of Labor in writing, and the Secretary of Labor shall acknowledge in writing the receipt of such withdrawal notice. An employer who withdraws an application under subsection (a), or on whose behalf an application is withdrawn, is relieved of the obligations undertaken in the application.CommentsClose CommentsPermalink





`(2) LIMITATION- An application may not be withdrawn while any alien provided status under section 101(a)(15)(H)(ii)(a) pursuant to such application is employed by the employer.CommentsClose CommentsPermalink





`(3) OBLIGATIONS UNDER OTHER STATUTES- Any obligation incurred by an employer under any other law or regulation as a result of the recruitment of United States workers or H-2A workers under an offer of terms and conditions of employment required as a result of making an application under subsection (a) is unaffected by withdrawal of such application.CommentsClose CommentsPermalink





`(e) Review and Approval of Applications-CommentsClose CommentsPermalink





`(1) RESPONSIBILITY OF EMPLOYERS- The employer shall make available for public examination, within 1 working day after the date on which an application under subsection (a) is filed, at the employer's principal place of business or work site, a copy of each such application (and such accompanying documents as are necessary).CommentsClose CommentsPermalink





`(2) RESPONSIBILITY OF THE SECRETARY OF LABOR-CommentsClose CommentsPermalink





`(A) COMPILATION OF LIST- The Secretary of Labor shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subsection. Such list shall include the wage rate, number of workers sought, period of intended employment, and date of need. The Secretary of Labor shall make such list available for examination in the District of Columbia.CommentsClose CommentsPermalink





`(B) REVIEW OF APPLICATIONS- The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary of Labor finds that the application is incomplete or obviously inaccurate, the Secretary of Labor shall certify that the intending employer has filed with the Secretary of Labor an application as described in subsection (a). Such certification shall be provided within 7 days of the filing of the application.'; andCommentsClose CommentsPermalink





(2) by inserting after section 218D, as added by section 601 of this Act, the following:CommentsClose CommentsPermalink

`SEC. 218E. H-2A EMPLOYMENT REQUIREMENTS.

`(a) Preferential Treatment of Aliens Prohibited- Employers seeking to hire United States workers shall offer the United States workers no less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H-2A workers. Conversely, no job offer may impose on United States workers any restrictions or obligations which will not be imposed on the employer's H-2A workers.CommentsClose CommentsPermalink





`(b) Minimum Benefits, Wages, and Working Conditions- Except in cases where higher benefits, wages, or working conditions are required by the provisions of subsection (a), in order to protect similarly employed United States workers from adverse effects with respect to benefits, wages, and working conditions, every job offer which shall accompany an application under section 218(b)(2) shall include each of the following benefit, wage, and working condition provisions:CommentsClose CommentsPermalink





`(1) REQUIREMENT TO PROVIDE HOUSING OR A HOUSING ALLOWANCE-CommentsClose CommentsPermalink





`(A) IN GENERAL- An employer applying under section 218(a) for H-2A workers shall offer to provide housing at no cost to all workers in job opportunities for which the employer has applied under that section and to all other workers in the same occupation at the place of employment, whose place of residence is beyond normal commuting distance.CommentsClose CommentsPermalink





`(B) TYPE OF HOUSING- In complying with subparagraph (A), an employer may, at the employer's election, provide housing that meets applicable Federal standards for temporary labor camps or secure housing that meets applicable local standards for rental or public accommodation housing or other substantially similar class of habitation, or in the absence of applicable local standards, State standards for rental or public accommodation housing or other substantially similar class of habitation. In the absence of applicable local or State standards, Federal temporary labor camp standards shall apply.CommentsClose CommentsPermalink





`(C) FAMILY HOUSING- When it is the prevailing practice in the occupation and area of intended employment to provide family housing, family housing shall be provided to workers with families who request it.CommentsClose CommentsPermalink





`(D) WORKERS ENGAGED IN THE RANGE PRODUCTION OF LIVESTOCK- The Secretary of Labor shall issue regulations that address the specific requirements for the provision of housing to workers engaged in the range production of livestock.CommentsClose CommentsPermalink





`(E) LIMITATION- Nothing in this paragraph shall be construed to require an employer to provide or secure housing for persons who were not entitled to such housing under the temporary labor certification regulations in effect on June 1, 1986.CommentsClose CommentsPermalink





`(F) CHARGES FOR HOUSING-CommentsClose CommentsPermalink





`(i) CHARGES FOR PUBLIC HOUSING- If public housing provided for migrant agricultural workers under the auspices of a local, county, or State government is secured by an employer, and use of the public housing unit normally requires charges from migrant workers, such charges shall be paid by the employer directly to the appropriate individual or entity affiliated with the housing's management.CommentsClose CommentsPermalink





`(ii) DEPOSIT CHARGES- Charges in the form of deposits for bedding or other similar incidentals related to housing shall not be levied upon workers by employers who provide housing for their workers. An employer may require a worker found to have been responsible for damage to such housing which is not the result of normal wear and tear related to habitation to reimburse the employer for the reasonable cost of repair of such damage.CommentsClose CommentsPermalink





`(G) HOUSING ALLOWANCE AS ALTERNATIVE-CommentsClose CommentsPermalink





`(i) IN GENERAL- If the requirement under clause (ii) is satisfied, the employer may provide a reasonable housing allowance instead of offering housing under subparagraph (A). Upon the request of a worker seeking assistance in locating housing, the employer shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment. An employer who offers a housing allowance to a worker, or assists a worker in locating housing which the worker occupies, pursuant to this clause shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) solely by virtue of providing such housing allowance. No housing allowance may be used for housing which is owned or controlled by the employer.CommentsClose CommentsPermalink





`(ii) CERTIFICATION- The requirement of this clause is satisfied if the Governor of the State certifies to the Secretary of Labor that there is adequate housing available in the area of intended employment for migrant farm workers, and H-2A workers, who are seeking temporary housing while employed at farm work. Such certification shall expire after 3 years unless renewed by the Governor of the State.CommentsClose CommentsPermalink





`(iii) AMOUNT OF ALLOWANCE-CommentsClose CommentsPermalink





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





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





`(2) REIMBURSEMENT OF TRANSPORTATION-CommentsClose CommentsPermalink





`(A) TO PLACE OF EMPLOYMENT- A worker who completes 50 percent of the period of employment of the job opportunity for which the worker was hired shall be reimbursed by the employer for the cost of the worker's transportation and subsistence from the place from which the worker came to work for the employer (or place of last employment, if the worker traveled from such place) to the place of employment.CommentsClose CommentsPermalink





`(B) FROM PLACE OF EMPLOYMENT- A worker who completes the period of employment for the job opportunity involved shall be reimbursed by the employer for the cost of the worker's transportation and subsistence from the place of employment to the place from which the worker, disregarding intervening employment, came to work for the employer, or to the place of next employment, if the worker has contracted with a subsequent employer who has not agreed to provide or pay for the worker's transportation and subsistence to such subsequent employer's place of employment.CommentsClose CommentsPermalink





`(C) LIMITATION-CommentsClose CommentsPermalink





`(i) AMOUNT OF REIMBURSEMENT- Except as provided in clause (ii), the amount of reimbursement provided under subparagraph (A) or (B) to a worker or alien shall not exceed the lesser of--CommentsClose CommentsPermalink





`(I) the actual cost to the worker or alien of the transportation and subsistence involved; orCommentsClose CommentsPermalink





`(II) the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved.CommentsClose CommentsPermalink





`(ii) DISTANCE TRAVELED- No reimbursement under subparagraph (A) or (B) shall be required if the distance traveled is 100 miles or less, or the worker is not residing in employer-provided housing or housing secured through an allowance as provided in paragraph (1)(G).CommentsClose CommentsPermalink





`(D) EARLY TERMINATION- If the worker is laid off or employment is terminated for contract impossibility (as described in paragraph (4)(D)) before the anticipated ending date of employment, the employer shall provide the transportation and subsistence required by subparagraph (B) and, notwithstanding whether the worker has completed 50 percent of the period of employment, shall provide the transportation reimbursement required by subparagraph (A).CommentsClose CommentsPermalink





`(E) TRANSPORTATION BETWEEN LIVING QUARTERS AND WORK SITE- The employer shall provide transportation between the worker's living quarters and the employer's work site without cost to the worker, and such transportation will be in accordance with applicable laws and regulations.CommentsClose CommentsPermalink





`(3) REQUIRED WAGES-CommentsClose CommentsPermalink





`(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 adverse effect wage rate. No worker shall be paid less than 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.CommentsClose CommentsPermalink





`(B) LIMITATION- Effective on the date of the enactment of the AgJOBS Act of 2007, and continuing for 3 years thereafter, no adverse effect wage rate for a State may be more than the adverse effect wage rate for that State in effect on January 1, 2003, as established by section 655.107 of title 20, Code of Federal Regulations.CommentsClose CommentsPermalink





`(C) REQUIRED WAGES AFTER 3-YEAR FREEZE-CommentsClose CommentsPermalink





`(i) FIRST ADJUSTMENT- If Congress does not set a new wage standard applicable to this section before the first March 1 that is not less than 3 years after the date of enactment of this section, the adverse effect wage rate for each State beginning on such March 1 shall be the wage rate that would have resulted if the adverse effect wage rate in effect on January 1, 2003, had been annually adjusted, beginning on March 1, 2006, by the lesser of--CommentsClose CommentsPermalink





`(I) the 12-month percentage change in the Consumer Price Index for All Urban Consumers between December of the second preceding year and December of the preceding year; andCommentsClose CommentsPermalink





`(II) 4 percent.CommentsClose CommentsPermalink





`(ii) SUBSEQUENT ANNUAL ADJUSTMENTS- Beginning on the first March 1 that is not less than 4 years after the date of enactment of this section, and each March 1 thereafter, the adverse effect wage rate then in effect for each State shall be adjusted by the lesser of--CommentsClose CommentsPermalink





`(I) the 12-month percentage change in the Consumer Price Index for All Urban Consumers between December of the second preceding year and December of the preceding year; andCommentsClose CommentsPermalink





`(II) 4 percent.CommentsClose CommentsPermalink





`(D) DEDUCTIONS- The employer shall make only those deductions from the worker's wages that are authorized by law or are reasonable and customary in the occupation and area of employment. The job offer shall specify all deductions not required by law which the employer will make from the worker's wages.CommentsClose CommentsPermalink





`(E) FREQUENCY OF PAY- The employer shall pay the worker not less frequently than twice monthly, or in accordance with the prevailing practice in the area of employment, whichever is more frequent.CommentsClose CommentsPermalink





`(F) HOURS AND EARNINGS STATEMENTS- The employer shall furnish to the worker, on or before each payday, in 1 or more written statements--CommentsClose CommentsPermalink





`(i) the worker's total earnings for the pay period;CommentsClose CommentsPermalink





`(ii) the worker's hourly rate of pay, piece rate of pay, or both;CommentsClose CommentsPermalink





`(iii) the hours of employment which have been offered to the worker (broken out by hours offered in accordance with and over and above the three-quarters guarantee described in paragraph (4);CommentsClose CommentsPermalink





`(iv) the hours actually worked by the worker;CommentsClose CommentsPermalink





`(v) an itemization of the deductions made from the worker's wages; andCommentsClose CommentsPermalink





`(vi) if piece rates of pay are used, the units produced daily.CommentsClose CommentsPermalink





`(G) REPORT ON WAGE PROTECTIONS- Not later than December 31, 2008, the Comptroller General of the United States shall prepare and transmit to the Secretary of Labor, the Committee on the Judiciary of the Senate, and Committee on the Judiciary of the House of Representatives, a report that addresses--CommentsClose CommentsPermalink





`(i) whether the employment of H-2A or unauthorized aliens in the United States agricultural work force has depressed United States farm worker wages below the levels that would otherwise have prevailed if alien farm workers had not been employed in the United States;CommentsClose CommentsPermalink





`(ii) whether an adverse effect wage rate is necessary to prevent wages of United States farm workers in occupations in which H-2A workers are employed from falling below the wage levels that would have prevailed in the absence of the employment of H-2A workers in those occupations;CommentsClose CommentsPermalink





`(iii) whether alternative wage standards, such as a prevailing wage standard, would be sufficient to prevent wages in occupations in which H-2A workers are employed from falling below the wage level that would have prevailed in the absence of H-2A employment;CommentsClose CommentsPermalink





`(iv) whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage; andCommentsClose CommentsPermalink





`(v) recommendations for future wage protection under this section.CommentsClose CommentsPermalink





`(H) COMMISSION ON WAGE STANDARDS-CommentsClose CommentsPermalink





`(i) ESTABLISHMENT- There is established the Commission on Agricultural Wage Standards under the H-2A program (in this subparagraph referred to as the `Commission').CommentsClose CommentsPermalink





`(ii) COMPOSITION- The Commission shall consist of 10 members as follows:CommentsClose CommentsPermalink





`(I) 4 representatives of agricultural employers and 1 representative of the Department of Agriculture, each appointed by the Secretary of Agriculture.CommentsClose CommentsPermalink





`(II) 4 representatives of agricultural workers and 1 representative of the Department of Labor, each appointed by the Secretary of Labor.CommentsClose CommentsPermalink





`(iii) FUNCTIONS- The Commission shall conduct a study that shall address--CommentsClose CommentsPermalink





`(I) whether the employment of H-2A or unauthorized aliens in the United States agricultural workforce has depressed United States farm worker wages below the levels that would otherwise have prevailed if alien farm workers had not been employed in the United States;CommentsClose CommentsPermalink





`(II) whether an adverse effect wage rate is necessary to prevent wages of United States farm workers in occupations in which H-2A workers are employed from falling below the wage levels that would have prevailed in the absence of the employment of H-2A workers in those occupations;CommentsClose CommentsPermalink





`(III) whether alternative wage standards, such as a prevailing wage standard, would be sufficient to prevent wages in occupations in which H-2A workers are employed from falling below the wage level that would have prevailed in the absence of H-2A employment;CommentsClose CommentsPermalink





`(IV) whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage rate; andCommentsClose CommentsPermalink





`(V) recommendations for future wage protection under this section.CommentsClose CommentsPermalink





`(iv) FINAL REPORT- Not later than December 31, 2008, the Commission shall submit a report to the Congress setting forth the findings of the study conducted under clause (iii).CommentsClose CommentsPermalink





`(v) TERMINATION DATE- The Commission shall terminate upon submitting its final report.CommentsClose CommentsPermalink





`(4) GUARANTEE OF EMPLOYMENT-CommentsClose CommentsPermalink





`(A) OFFER TO WORKER- The employer shall guarantee to offer the worker employment for the hourly equivalent of at least three-fourths of the work days of the total period of employment, beginning with the first work day after the arrival of the worker at the place of employment and ending on the expiration date specified in the job offer. For purposes of this subparagraph, the hourly equivalent means the number of hours in the work days as stated in the job offer and shall exclude the worker's Sabbath and Federal holidays. If the employer affords the United States or H-2A worker less employment than that required under this paragraph, the employer shall pay such worker the amount which the worker would have earned had the worker, in fact, worked for the guaranteed number of hours.CommentsClose CommentsPermalink





`(B) FAILURE TO WORK- Any hours which the worker fails to work, up to a maximum of the number of hours specified in the job offer for a work day, when the worker has been offered an opportunity to do so, and all hours of work actually performed (including voluntary work in excess of the number of hours specified in the job offer in a work day, on the worker's Sabbath, or on Federal holidays) may be counted by the employer in calculating whether the period of guaranteed employment has been met.CommentsClose CommentsPermalink





`(C) ABANDONMENT OF EMPLOYMENT, TERMINATION FOR CAUSE- If the worker voluntarily abandons employment before the end of the contract period, or is terminated for cause, the worker is not entitled to the `three-fourths guarantee' described in subparagraph (A).CommentsClose CommentsPermalink





`(D) CONTRACT IMPOSSIBILITY- If, before the expiration of the period of employment specified in the job offer, the services of the worker are no longer required for reasons beyond the control of the employer due to any form of natural disaster, including but not limited to a flood, hurricane, freeze, earthquake, fire, drought, plant or animal disease or pest infestation, or regulatory drought, before the guarantee in subparagraph (A) is fulfilled, the employer may terminate the worker's employment. In the event of such termination, the employer shall fulfill the employment guarantee in subparagraph (A) for the work days that have elapsed from the first work day after the arrival of the worker to the termination of employment. In such cases, the employer will make efforts to transfer the United States worker to other comparable employment acceptable to the worker. If such transfer is not effected, the employer shall provide the return transportation required in paragraph (2)(D).CommentsClose CommentsPermalink





`(5) MOTOR VEHICLE SAFETY-CommentsClose CommentsPermalink





`(A) MODE OF TRANSPORTATION SUBJECT TO COVERAGE-CommentsClose CommentsPermalink





`(i) IN GENERAL- Except as provided in clauses (iii) and (iv), this subsection applies to any H-2A employer that uses or causes to be used any vehicle to transport an H-2A worker within the United States.CommentsClose CommentsPermalink





`(ii) DEFINED TERM- In this paragraph, the term `uses or causes to be used'--CommentsClose CommentsPermalink





`(I) applies only to transportation provided by an H-2A employer to an H-2A worker, or by a farm labor contractor to an H-2A worker at the request or direction of an H-2A employer; andCommentsClose CommentsPermalink





`(II) does not apply to--CommentsClose CommentsPermalink

`(aa) transportation provided, or transportation arrangements made, by an H-2A worker, unless the employer specifically requested or arranged such transportation; orCommentsClose CommentsPermalink

`(bb) car pooling arrangements made by H-2A workers themselves, using 1 of the workers' own vehicles, unless specifically requested by the employer directly or through a farm labor contractor.CommentsClose CommentsPermalink

`(iii) CLARIFICATION- Providing a job offer to an H-2A worker that causes the worker to travel to or from the place of employment, or the payment or reimbursement of the transportation costs of an H-2A worker by an H-2A employer, shall not constitute an arrangement of, or participation in, such transportation.CommentsClose CommentsPermalink





`(iv) AGRICULTURAL MACHINERY AND EQUIPMENT EXCLUDED- This subsection does not apply to the transportation of an H-2A worker on a tractor, combine, harvester, picker, or other similar machinery or equipment while such worker is actually engaged in the planting, cultivating, or harvesting of agricultural commodities or the care of livestock or poultry or engaged in transportation incidental thereto.CommentsClose CommentsPermalink





`(v) COMMON CARRIERS EXCLUDED- This subsection does not apply to common carrier motor vehicle transportation in which the provider holds itself out to the general public as engaging in the transportation of passengers for hire and holds a valid certification of authorization for such purposes from an appropriate Federal, State, or local agency.CommentsClose CommentsPermalink





`(B) APPLICABILITY OF STANDARDS, LICENSING, AND INSURANCE REQUIREMENTS-CommentsClose CommentsPermalink





`(i) IN GENERAL- When using, or causing to be used, any vehicle for the purpose of providing transportation to which this subparagraph applies, each employer shall--CommentsClose CommentsPermalink





`(I) ensure that each such vehicle conforms to the standards prescribed by the Secretary of Labor under section 401(b) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1841(b)) and other applicable Federal and State safety standards;CommentsClose CommentsPermalink





`(II) ensure that each driver has a valid and appropriate license, as provided by State law, to operate the vehicle; andCommentsClose CommentsPermalink





`(III) have an insurance policy or a liability bond that is in effect which insures the employer against liability for damage to persons or property arising from the ownership, operation, or causing to be operated, of any vehicle used to transport any H-2A worker.CommentsClose CommentsPermalink





`(ii) AMOUNT OF INSURANCE REQUIRED- The level of insurance required shall be determined by the Secretary of Labor pursuant to regulations to be issued under this subsection.CommentsClose CommentsPermalink





`(iii) EFFECT OF WORKERS' COMPENSATION COVERAGE- If the employer of any H-2A worker provides workers' compensation coverage for such worker in the case of bodily injury or death as provided by State law, the following adjustments in the requirements of subparagraph (B)(i)(III) relating to having an insurance policy or liability bond apply:CommentsClose CommentsPermalink





`(I) No insurance policy or liability bond shall be required of the employer, if such workers are transported only under circumstances for which there is coverage under such State law.CommentsClose CommentsPermalink





`(II) An insurance policy or liability bond shall be required of the employer for circumstances under which coverage for the transportation of such workers is not provided under such State law.CommentsClose CommentsPermalink





`(c) Compliance With Labor Laws- An employer shall assure that, except as otherwise provided in this section, the employer will comply with all applicable Federal, State, and local labor laws, including laws affecting migrant and seasonal agricultural workers, with respect to all United States workers and alien workers employed by the employer, except that a violation of this assurance shall not constitute a violation of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).CommentsClose CommentsPermalink





`(d) Copy of Job Offer- The employer shall provide to the worker, not later than the day the work commences, a copy of the employer's application and job offer described in section 218(a), or, if the employer will require the worker to enter into a separate employment contract covering the employment in question, such separate employment contract.CommentsClose CommentsPermalink





`(e) Range Production of Livestock- Nothing in this section, section 218, or section 218F shall preclude the Secretary of Labor and the Secretary from continuing to apply special procedures and requirements to the admission and employment of aliens in occupations involving the range production of livestock.CommentsClose CommentsPermalink

`SEC. 218F. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS.

`(a) Petitioning for Admission- An employer, or an association acting as an agent or joint employer for its members, that seeks the admission into the United States of an H-2A worker may file a petition with the Secretary. The petition shall be accompanied by an accepted and currently valid certification provided by the Secretary of Labor under section 218(e)(2)(B) covering the petitioner.CommentsClose CommentsPermalink





`(b) Expedited Adjudication by the Secretary- The Secretary shall establish a procedure for expedited adjudication of petitions filed under subsection (a) and within 7 working days shall, by fax, cable, or other means assuring expedited delivery, transmit a copy of notice of action on the petition to the petitioner and, in the case of approved petitions, to the appropriate immigration officer at the port of entry or United States consulate (as the case may be) where the petitioner has indicated that the alien beneficiary (or beneficiaries) will apply for a visa or admission to the United States.CommentsClose CommentsPermalink





`(c) Criteria for Admissibility-CommentsClose CommentsPermalink





`(1) IN GENERAL- An H-2A worker shall be considered admissible to the United States if the alien is otherwise admissible under this section, section 218, and section 218E, and the alien is not ineligible under paragraph (2).CommentsClose CommentsPermalink





`(2) DISQUALIFICATION- An alien shall be considered inadmissible to the United States and ineligible for nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the alien has, at any time during the past 5 years--CommentsClose CommentsPermalink





`(A) violated a material provision of this section, including the requirement to promptly depart the United States when the alien's authorized period of admission under this section has expired; orCommentsClose CommentsPermalink





`(B) otherwise violated a term or condition of admission into the United States as a nonimmigrant, including overstaying the period of authorized admission as such a nonimmigrant.CommentsClose CommentsPermalink





`(3) WAIVER OF INELIGIBILITY FOR UNLAWFUL PRESENCE-CommentsClose CommentsPermalink





`(A) IN GENERAL- An alien who has not previously been admitted into the United States pursuant to this section, and who is otherwise eligible for admission in accordance with paragraphs (1) and (2), shall not be deemed inadmissible by virtue of section 212(a)(9)(B). If an alien described in the preceding sentence is present in the United States, the alien may apply from abroad for H-2A status, but may not be granted that status in the United States.CommentsClose CommentsPermalink





`(B) MAINTENANCE OF WAIVER- An alien provided an initial waiver of ineligibility pursuant to subparagraph (A) shall remain eligible for such waiver unless the alien violates the terms of this section or again becomes ineligible under section 212(a)(9)(B) by virtue of unlawful presence in the United States after the date of the initial waiver of ineligibility pursuant to subparagraph (A).CommentsClose CommentsPermalink





`(d) Period of Admission-CommentsClose CommentsPermalink





`(1) IN GENERAL- The alien shall be admitted for the period of employment in the application certified by the Secretary of Labor pursuant to section 218(e)(2)(B), not to exceed 10 months, supplemented by a period of not more than 1 week before the beginning of the period of employment for the purpose of travel to the work site and a period of 14 days following the period of employment for the purpose of departure or extension based on a subsequent offer of employment, except that--CommentsClose CommentsPermalink





`(A) the alien is not authorized to be employed during such 14-day period except in the employment for which the alien was previously authorized; andCommentsClose CommentsPermalink





`(B) the total period of employment, including such 14-day period, may not exceed 10 months.CommentsClose CommentsPermalink





`(2) CONSTRUCTION- Nothing in this subsection shall limit the authority of the Secretary to extend the stay of the alien under any other provision of this Act.CommentsClose CommentsPermalink





`(e) Abandonment of Employment-CommentsClose CommentsPermalink





`(1) IN GENERAL- An alien admitted or provided status under section 101(a)(15)(H)(ii)(a) who abandons the employment which was the basis for such admission or status shall be considered to have failed to maintain nonimmigrant status as an H-2A worker and shall depart the United States or be subject to removal under section 237(a)(1)(C)(i).CommentsClose CommentsPermalink





`(2) REPORT BY EMPLOYER- The employer, or association acting as agent for the employer, shall notify the Secretary not later than 7 days after an H-2A worker prematurely abandons employment.CommentsClose CommentsPermalink





`(3) REMOVAL BY THE SECRETARY- The Secretary shall promptly remove from the United States any H-2A worker who violates any term or condition of the worker's nonimmigrant status.CommentsClose CommentsPermalink





`(4) VOLUNTARY TERMINATION- Notwithstanding paragraph (1), an alien may voluntarily terminate his or her employment if the alien promptly departs the United States upon termination of such employment.CommentsClose CommentsPermalink





`(f) Replacement of Alien-CommentsClose CommentsPermalink





`(1) IN GENERAL- Upon presentation of the notice to the Secretary required by subsection (e)(2), the Secretary of State shall promptly issue a visa to, and the Secretary shall admit into the United States, an eligible alien designated by the employer to replace an H-2A worker--CommentsClose CommentsPermalink





`(A) who abandons or prematurely terminates employment; orCommentsClose CommentsPermalink





`(B) whose employment is terminated after a United States worker is employed pursuant to section 218(b)(2)(H)(iii), if the United States worker voluntarily departs before the end of the period of intended employment or if the employment termination is for a lawful job-related reason.CommentsClose CommentsPermalink





`(2) CONSTRUCTION- Nothing in this subsection is intended to limit any preference required to be accorded United States workers under any other provision of this Act.CommentsClose CommentsPermalink





`(g) Identification Document-CommentsClose CommentsPermalink





`(1) IN GENERAL- Each alien authorized to be admitted under section 101(a)(15)(H)(ii)(a) shall be provided an identification and employment eligibility document to verify eligibility for employment in the United States and verify such person's proper identity.CommentsClose CommentsPermalink





`(2) REQUIREMENTS- No identification and employment eligibility document may be issued which does not meet the following requirements:CommentsClose CommentsPermalink





`(A) The document shall be capable of reliably determining whether--CommentsClose CommentsPermalink





`(i) the individual with the identification and employment eligibility document whose eligibility is being verified is in fact eligible for employment;CommentsClose CommentsPermalink





`(ii) the individual whose eligibility is being verified is claiming the identity of another person; andCommentsClose CommentsPermalink





`(iii) the individual whose eligibility is being verified is authorized to be admitted into, and employed in, the United States as an H-2A worker.CommentsClose CommentsPermalink





`(B) The document shall be in a form that is resistant to counterfeiting and to tampering.CommentsClose CommentsPermalink





`(C) The document shall--CommentsClose CommentsPermalink





`(i) be compatible with other databases of the Secretary for the purpose of excluding aliens from benefits for which they are not eligible and determining whether the alien is unlawfully present in the United States; andCommentsClose CommentsPermalink





`(ii) be compatible with law enforcement databases to determine if the alien has been convicted of criminal offenses.CommentsClose CommentsPermalink





`(h) Extension of Stay of H-2A Aliens in the United States-CommentsClose CommentsPermalink





`(1) EXTENSION OF STAY- If an employer seeks approval to employ an H-2A alien who is lawfully present in the United States, the petition filed by the employer or an association pursuant to subsection (a), shall request an extension of the alien's stay and a change in the alien's employment.CommentsClose CommentsPermalink





`(2) LIMITATION ON FILING A PETITION FOR EXTENSION OF STAY- A petition may not be filed for an extension of an alien's stay--CommentsClose CommentsPermalink





`(A) for a period of more than 10 months; orCommentsClose CommentsPermalink





`(B) to a date that is more than 3 years after the date of the alien's last admission to the United States under this section.CommentsClose CommentsPermalink





`(3) WORK AUTHORIZATION UPON FILING A PETITION FOR EXTENSION OF STAY-CommentsClose CommentsPermalink





`(A) IN GENERAL- An alien who is lawfully present in the United States may commence the employment described in a petition under paragraph (1) on the date on which the petition is filed.CommentsClose CommentsPermalink





`(B) DEFINITION- For purposes of subparagraph (A), the term `file' means sending the petition by certified mail via the United States Postal Service, return receipt requested, or delivered by guaranteed commercial delivery which will provide the employer with a documented acknowledgment of the date of receipt of the petition.CommentsClose CommentsPermalink





`(C) HANDLING OF PETITION- The employer shall provide a copy of the employer's petition to the alien, who shall keep the petition with the alien's identification and employment eligibility document as evidence that the petition has been filed and that the alien is authorized to work in the United States.CommentsClose CommentsPermalink





`(D) APPROVAL OF PETITION- Upon approval of a petition for an extension of stay or change in the alien's authorized employment, the Secretary shall provide a new or updated employment eligibility document to the alien indicating the new validity date, after which the alien is not required to retain a copy of the petition.CommentsClose CommentsPermalink





`(4) LIMITATION ON EMPLOYMENT AUTHORIZATION OF ALIENS WITHOUT VALID IDENTIFICATION AND EMPLOYMENT ELIGIBILITY DOCUMENT- An expired identification and employment eligibility document, together with a copy of a petition for extension of stay or change in the alien's authorized employment that complies with the requirements of paragraph (1), shall constitute a valid work authorization document for a period of not more than 60 days beginning on the date on which such petition is filed, after which time only a currently valid identification and employment eligibility document shall be acceptable.CommentsClose CommentsPermalink





`(5) LIMITATION ON AN INDIVIDUAL'S STAY IN STATUS-CommentsClose CommentsPermalink





`(A) MAXIMUM PERIOD- The maximum continuous period of authorized status as an H-2A worker (including any extensions) is 3 years.CommentsClose CommentsPermalink





`(B) REQUIREMENT TO REMAIN OUTSIDE THE UNITED STATES-CommentsClose CommentsPermalink





`(i) IN GENERAL- Subject to clause (ii), in the case of an alien outside the United States whose period of authorized status as an H-2A worker (including any extensions) has expired, the alien may not again apply for admission to the United States as an H-2A worker unless the alien has remained outside the United States for a continuous period equal to at least 1/5 the duration of the alien's previous period of authorized status as an H-2A worker (including any extensions).CommentsClose CommentsPermalink





`(ii) EXCEPTION- Clause (i) shall not apply in the case of an alien if the alien's period of authorized status as an H-2A worker (including any extensions) was for a period of not more than 10 months and such alien has been outside the United States for at least 2 months during the 12 months preceding the date the alien again is applying for admission to the United States as an H-2A worker.CommentsClose CommentsPermalink





`(i) Special Rules for Aliens Employed as Sheepherders, Goat Herders, or Dairy Workers- Notwithstanding any provision of the AgJOBS Act of 2007, an alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat herder, or dairy worker--CommentsClose CommentsPermalink





`(1) may be admitted for an initial period of 12 months;CommentsClose CommentsPermalink





`(2) subject to subsection (j)(5), may have such initial period of admission extended for a period of up to 3 years; andCommentsClose CommentsPermalink





`(3) shall not be subject to the requirements of subsection (h)(5) (relating to periods of absence from the United States).CommentsClose CommentsPermalink





`(j) Adjustment to Lawful Permanent Resident Status for Aliens Employed as Sheepherders, Goat Herders, or Dairy Workers-CommentsClose CommentsPermalink





`(1) ELIGIBLE ALIEN- For purposes of this subsection, the term `eligible alien' means an alien--CommentsClose CommentsPermalink





`(A) having nonimmigrant status under section 101(a)(15)(H)(ii)(a) based on employment as a sheepherder, goat herder, or dairy worker;CommentsClose CommentsPermalink





`(B) who has maintained such nonimmigrant status in the United States for a cumulative total of 36 months (excluding any period of absence from the United States); andCommentsClose CommentsPermalink





`(C) who is seeking to receive an immigrant visa under section 203(b)(3)(A)(iii).CommentsClose CommentsPermalink





`(2) CLASSIFICATION PETITION- In the case of an eligible alien, the petition under section 204 for classification under section 203(b)(3)(A)(iii) may be filed by--CommentsClose CommentsPermalink





`(A) the alien's employer on behalf of an eligible alien; orCommentsClose CommentsPermalink





`(B) the eligible alien.CommentsClose CommentsPermalink





`(3) NO LABOR CERTIFICATION REQUIRED- Notwithstanding section 203(b)((3)(C), no determination under section 212(a)(5)(A) is required with respect to an immigrant visa described in paragraph (1)(C) for an eligible alien.CommentsClose CommentsPermalink





`(4) EFFECT OF PETITION- The filing of a petition described in paragraph (2) or an application for adjustment of status based on the approval of such a petition, shall not constitute evidence of an alien's ineligibility for nonimmigrant status under section 101(a)(15)(H)(ii)(a).CommentsClose CommentsPermalink





`(5) EXTENSION OF STAY- The Secretary of Homeland Security shall extend the stay of an eligible alien having a pending or approved classification petition described in paragraph (2) in 1-year increments until a final determination is made on the alien's eligibility for adjustment of status to that of an alien lawfully admitted for permanent residence.CommentsClose CommentsPermalink





`(6) CONSTRUCTION- Nothing in this subsection shall be construed to prevent an eligible alien from seeking adjustment of status in accordance with any other provision of law.CommentsClose CommentsPermalink

`SEC. 218G. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.

`(a) Enforcement Authority-CommentsClose CommentsPermalink





`(1) INVESTIGATION OF COMPLAINTS-CommentsClose CommentsPermalink





`(A) AGGRIEVED PERSON OR THIRD-PARTY COMPLAINTS- The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner's failure to meet a condition specified in section 218(b), or an employer's misrepresentation of material facts in an application under section 218(a). Complaints may be filed by any aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure, or misrepresentation, respectively. The Secretary of Labor shall conduct an investigation under this subparagraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred.CommentsClose CommentsPermalink





`(B) DETERMINATION ON COMPLAINT- Under such process, the Secretary of Labor shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C), (D), (E), or (H). If the Secretary of Labor determines that such a reasonable basis exists, the Secretary of Labor shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code, within 60 days after the date of the determination. If such a hearing is requested, the Secretary of Labor shall make a finding concerning the matter not later than 60 days after the date of the hearing. In the case of similar complaints respecting the same applicant, the Secretary of Labor may consolidate the hearings under this subparagraph on such complaints.CommentsClose CommentsPermalink





`(C) FAILURES TO MEET CONDITIONS- If the Secretary of Labor finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(A), (1)(B), (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), a substantial failure to meet a condition of paragraph (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 218(b), or a material misrepresentation of fact in an application under section 218(a)--CommentsClose CommentsPermalink





`(i) the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $1,000 per violation) as the Secretary of Labor determines to be appropriate; andCommentsClose CommentsPermalink





`(ii) the Secretary may disqualify the employer from the employment of aliens described in section 101(a)(15)(H)(ii)(a) for a period of 1 year.CommentsClose CommentsPermalink





`(D) WILLFUL FAILURES AND WILLFUL MISREPRESENTATIONS- If the Secretary of Labor finds, after notice and opportunity for hearing, a willful failure to meet a condition of section 218(b), a willful misrepresentation of a material fact in an application under section 218(a), or a violation of subsection (d)(1)--CommentsClose CommentsPermalink





`(i) the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $5,000 per violation) as the Secretary of Labor determines to be appropriate;CommentsClose CommentsPermalink





`(ii) the Secretary of Labor may seek appropriate legal or equitable relief to effectuate the purposes of subsection (d)(1); andCommentsClose CommentsPermalink





`(iii) the Secretary may disqualify the employer from the employment of H-2A workers for a period of 2 years.CommentsClose CommentsPermalink





`(E) DISPLACEMENT OF UNITED STATES WORKERS- If the Secretary of Labor finds, after notice and opportunity for hearing, a willful failure to meet a condition of section 218(b) or a willful misrepresentation of a material fact in an application under section 218(a), in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer during the period of employment on the employer's application under section 218(a) or during the period of 30 days preceding such period of employment--CommentsClose CommentsPermalink





`(i) the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $15,000 per violation) as the Secretary of Labor determines to be appropriate; andCommentsClose CommentsPermalink





`(ii) the Secretary may disqualify the employer from the employment of H-2A workers for a period of 3 years.CommentsClose CommentsPermalink





`(F) LIMITATIONS ON CIVIL MONEY PENALTIES- The Secretary of Labor shall not impose total civil money penalties with respect to an application under section 218(a) in excess of $90,000.CommentsClose CommentsPermalink





`(G) FAILURES TO PAY WAGES OR REQUIRED BENEFITS- If the Secretary of Labor finds, after notice and opportunity for a hearing, that the employer has failed to pay the wages, or provide the housing allowance, transportation, subsistence reimbursement, or guarantee of employment, required under section 218E(b), the Secretary of Labor shall assess payment of back wages, or other required benefits, due any United States worker or H-2A worker employed by the employer in the specific employment in question. The back wages or other required benefits under section 218E(b) shall be equal to the difference between the amount that should have been paid and the amount that actually was paid to such worker.CommentsClose CommentsPermalink





`(2) STATUTORY CONSTRUCTION- Nothing in this section shall be construed as limiting the authority of the Secretary of Labor to conduct any compliance investigation under any other labor law, including any law affecting migrant and seasonal agricultural workers, or, in the absence of a complaint under this section, under section 218 or 218E.CommentsClose CommentsPermalink





`(b) Rights Enforceable by Private Right of Action- H-2A workers may enforce the following rights through the private right of action provided in subsection (c), and no other right of action shall exist under Federal or State law to enforce such rights:CommentsClose CommentsPermalink





`(1) The providing of housing or a housing allowance as required under section 218E(b)(1).CommentsClose CommentsPermalink





`(2) The reimbursement of transportation as required under section 218E(b)(2).CommentsClose CommentsPermalink





`(3) The payment of wages required under section 218E(b)(3) when due.CommentsClose CommentsPermalink





`(4) The benefits and material terms and conditions of employment expressly provided in the job offer described in section 218(a)(2), not including the assurance to comply with other Federal, State, and local labor laws described in section 218E(c), compliance with which shall be governed by the provisions of such laws.CommentsClose CommentsPermalink





`(5) The guarantee of employment required under section 218E(b)(4).CommentsClose CommentsPermalink





`(6) The motor vehicle safety requirements under section 218E(b)(5).CommentsClose CommentsPermalink





`(7) The prohibition of discrimination under subsection (d)(2).CommentsClose CommentsPermalink





`(c) Private Right of Action-CommentsClose CommentsPermalink





`(1) MEDIATION- Upon the filing of a complaint by an H-2A worker aggrieved by a violation of rights enforceable under subsection (b), and within 60 days of the filing of proof of service of the complaint, a party to the action may file a request with the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute. Upon a filing of such request and giving of notice to the parties, the parties shall attempt mediation within the period specified in subparagraph (B).CommentsClose CommentsPermalink





`(A) MEDIATION SERVICES- The Federal Mediation and Conciliation Service shall be available to assist in resolving disputes arising under subsection (b) between H-2A workers and agricultural employers without charge to the parties.CommentsClose CommentsPermalink





`(B) 90-day LIMIT- The Federal Mediation and Conciliation Service may conduct mediation or other non-binding dispute resolution activities for a period not to exceed 90 days beginning on the date on which the Federal Mediation and Conciliation Service receives the request for assistance unless the parties agree to an extension of this period of time.CommentsClose CommentsPermalink





`(C) AUTHORIZATION-CommentsClose CommentsPermalink





`(i) IN GENERAL- Subject to clause (ii), there are authorized to be appropriated to the Federal Mediation and Conciliation Service $500,000 for each fiscal year to carry out this section.CommentsClose CommentsPermalink





`(ii) MEDIATION- Notwithstanding any other provision of law, the Director of the Federal Mediation and Conciliation Service is authorized to conduct the mediation or other dispute resolution activities from any other appropriated funds available to the Director and to reimburse such appropriated funds when the funds are appropriated pursuant to this authorization, such reimbursement to be credited to appropriations currently available at the time of receipt.CommentsClose CommentsPermalink





`(2) MAINTENANCE OF CIVIL ACTION IN DISTRICT COURT BY AGGRIEVED PERSON- An H-2A worker aggrieved by a violation of rights enforceable under subsection (b) by an agricultural employer or other person may file suit in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy, without regard to the citizenship of the parties, and without regard to the exhaustion of any alternative administrative remedies under this Act, not later than 3 years after the date the violation occurs.CommentsClose CommentsPermalink





`(3) ELECTION- An H-2A worker who has filed an administrative complaint with the Secretary of Labor may not maintain a civil action under paragraph (2) unless a complaint based on the same violation filed with the Secretary of Labor under subsection (a)(1) is withdrawn before the filing of such action, in which case the rights and remedies available under this subsection shall be exclusive.CommentsClose CommentsPermalink





`(4) PREEMPTION OF STATE CONTRACT RIGHTS- Nothing in this Act shall be construed to diminish the rights and remedies of an H-2A worker under any other Federal or State law or regulation or under any collective bargaining agreement, except that no court or administrative action shall be available under any State contract law to enforce the rights created by this Act.CommentsClose CommentsPermalink





`(5) WAIVER OF RIGHTS PROHIBITED- Agreements by employees purporting to waive or modify their rights under this Act shall be void as contrary to public policy, except that a waiver or modification of the rights or obligations in favor of the Secretary of Labor shall be valid for purposes of the enforcement of this Act. The preceding sentence may not be construed to prohibit agreements to settle private disputes or litigation.CommentsClose CommentsPermalink





`(6) AWARD OF DAMAGES OR OTHER EQUITABLE RELIEF-CommentsClose CommentsPermalink





`(A) If the court finds that the respondent has intentionally violated any of the rights enforceable under subsection (b), it shall award actual damages, if any, or equitable relief.CommentsClose CommentsPermalink





`(B) Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28, United States Code.CommentsClose CommentsPermalink





`(7) Workers' COMPENSATION BENEFITS; EXCLUSIVE REMEDY-CommentsClose CommentsPermalink





`(A) Notwithstanding any other provision of this section, where a State's workers' compensation law is applicable and coverage is provided for an H-2A worker, the workers' compensation benefits shall be the exclusive remedy for the loss of such worker under this section in the case of bodily injury or death in accordance with such State's workers' compensation law.CommentsClose CommentsPermalink





`(B) The exclusive remedy prescribed in subparagraph (A) precludes the recovery under paragraph (6) of actual damages for loss from an injury or death but does not preclude other equitable relief, except that such relief shall not include back or front pay or in any manner, directly or indirectly, expand or otherwise alter or affect--CommentsClose CommentsPermalink





`(i) a recovery under a State workers' compensation law; orCommentsClose CommentsPermalink





`(ii) rights conferred under a State workers' compensation law.CommentsClose CommentsPermalink





`(8) TOLLING OF STATUTE OF LIMITATIONS- If it is determined under a State workers' compensation law that the workers' compensation law is not applicable to a claim for bodily injury or death of an H-2A worker, the statute of limitations for bringing an action for actual damages for such injury or death under subsection (c) shall be tolled for the period during which the claim for such injury or death under such State workers' compensation law was pending. The statute of limitations for an action for actual damages or other equitable relief arising out of the same transaction or occurrence as the injury or death of the H-2A worker shall be tolled for the period during which the claim for such injury or death was pending under the State workers' compensation law.CommentsClose CommentsPermalink





`(9) PRECLUSIVE EFFECT- Any settlement by an H-2A worker and an H-2A employer or any person reached through the mediation process required under subsection (c)(1) shall preclude any right of action arising out of the same facts between the parties in any Federal or State court or administrative proceeding, unless specifically provided otherwise in the settlement agreement.CommentsClose CommentsPermalink





`(10) SETTLEMENTS- Any settlement by the Secretary of Labor with an H-2A employer on behalf of an H-2A worker of a complaint filed with the Secretary of Labor under this section or any finding by the Secretary of Labor under subsection (a)(1)(B) shall preclude any right of action arising out of the same facts between the parties under any Federal or State court or administrative proceeding, unless specifically provided otherwise in the settlement agreement.CommentsClose CommentsPermalink





`(d) Discrimination Prohibited-CommentsClose CommentsPermalink





`(1) IN GENERAL- It is a violation of this subsection for any person who has filed an application under section 218(a), to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this subsection, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of section 218 or 218E or any rule or regulation pertaining to section 218 or 218E, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compliance with the requirements of section 218 or 218E or any rule or regulation pertaining to either of such sections.CommentsClose CommentsPermalink





`(2) DISCRIMINATION AGAINST H-2A WORKERS- It is a violation of this subsection for any person who has filed an application under section 218(a), to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against an H-2A employee because such worker has, with just cause, filed a complaint with the Secretary of Labor regarding a denial of the rights enumerated and enforceable under subsection (b) or instituted, or caused to be instituted, a private right of action under subsection (c) regarding the denial of the rights enumerated under subsection (b), or has testified or is about to testify in any court proceeding brought under subsection (c).CommentsClose CommentsPermalink





`(e) Authorization To Seek Other Appropriate Employment- The Secretary of Labor and the Secretary shall establish a process under which an H-2A worker who files a complaint regarding a violation of subsection (d) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification.CommentsClose CommentsPermalink





`(f) Role of Associations-CommentsClose CommentsPermalink





`(1) VIOLATION BY A MEMBER OF AN ASSOCIATION- An employer on whose behalf an application is filed by an association acting as its agent is fully responsible for such application, and for complying with the terms and conditions of sections 218 and 218E, as though the employer had filed the application itself. If such an employer is determined, under this section, to have committed a violation, the penalty for such violation shall apply only to that member of the association unless the Secretary of Labor determines that the association or other member participated in, had knowledge, or reason to know, of the violation, in which case the penalty shall be invoked against the association or other association member as well.CommentsClose CommentsPermalink





`(2) VIOLATIONS BY AN ASSOCIATION ACTING AS AN EMPLOYER- If an association filing an application as a sole or joint employer is determined to have committed a violation under this section, the penalty for such violation shall apply only to the association unless the Secretary of Labor determines that an association member or members participated in or had knowledge, or reason to know of the violation, in which case the penalty shall be invoked against the association member or members as well.CommentsClose CommentsPermalink

`SEC. 218H. DEFINITIONS.

`For purposes of this section, section 218, and sections 218E through 218G:CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(2) BONA FIDE UNION- The term `bona fide union' means any organization in which employees participate and which exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of work for agricultural employees. Such term does not include an organization formed, created, administered, supported, dominated, financed, or controlled by an employer or employer association or its agents or representatives.CommentsClose CommentsPermalink





`(3) DISPLACE- The term `displace', in the case of an application with respect to 1 or more H-2A workers by an employer, means laying off a United States worker from a job for which the H-2A worker or workers is or are sought.CommentsClose CommentsPermalink





`(4) ELIGIBLE- The term `eligible', when used with respect to an individual, means an individual who is not an unauthorized alien (as defined in section 274A).CommentsClose CommentsPermalink





`(5) EMPLOYER- The term `employer' means any person or entity, including any farm labor contractor and any agricultural association, that employs workers in agricultural employment.CommentsClose CommentsPermalink





`(6) H-2A EMPLOYER- The term `H-2A employer' means an employer who seeks to hire 1 or more nonimmigrant aliens described in section 101(a)(15)(H)(ii)(a).CommentsClose CommentsPermalink





`(7) H-2A WORKER- The term `H-2A worker' means a nonimmigrant described in section 101(a)(15)(H)(ii)(a).CommentsClose CommentsPermalink





`(8) 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.CommentsClose CommentsPermalink





`(9) LAYS OFF-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `lays off', with respect to a worker--CommentsClose CommentsPermalink





`(i) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, contract impossibility (as described in section 218E(b)(4)(D)), or temporary layoffs due to weather, markets, or other temporary conditions; butCommentsClose CommentsPermalink





`(ii) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer under section 218(b)(2)(E), with either employer described in such section) at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.CommentsClose CommentsPermalink





`(B) STATUTORY CONSTRUCTION- Nothing in this paragraph is intended to limit an employee's rights under a collective bargaining agreement or other employment contract.CommentsClose CommentsPermalink





`(10) REGULATORY DROUGHT- The term `regulatory drought' means a decision subsequent to the filing of the application under section 218 by an entity not under the control of the employer making such filing which restricts the employer's access to water for irrigation purposes and reduces or limits the employer's ability to produce an agricultural commodity, thereby reducing the need for labor.CommentsClose CommentsPermalink





`(11) SEASONAL- Labor is performed on a `seasonal' basis if--CommentsClose CommentsPermalink





`(A) ordinarily, it pertains to or is of the kind exclusively performed at certain seasons or periods of the year; andCommentsClose CommentsPermalink





`(B) from its nature, it may not be continuous or carried on throughout the year.CommentsClose CommentsPermalink





`(12) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink





`(13) TEMPORARY- A worker is employed on a `temporary' basis where the employment is intended not to exceed 10 months.CommentsClose CommentsPermalink





`(14) 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).'.CommentsClose CommentsPermalink





(b) Clerical Amendments- The table of contents (8 U.S.C. 1101 et seq.) is amended--CommentsClose CommentsPermalink





(1) by striking the item relating to section 218 and inserting the following:CommentsClose CommentsPermalink





`Sec. 218. H-2A employer applications.'.CommentsClose CommentsPermalink





andCommentsClose CommentsPermalink





(2) by inserting after the item relating to section 218D, as added by section 601 of this Act, the following:CommentsClose CommentsPermalink





`Sec. 218E. H-2A employment requirements.CommentsClose CommentsPermalink





`Sec. 218F. Procedure for admission and extension of stay of H-2A workers.CommentsClose CommentsPermalink





`Sec. 218G. Worker protections and labor standards enforcement.CommentsClose CommentsPermalink





`Sec. 218H. Definitions.'.CommentsClose CommentsPermalink

CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 616. DETERMINATION AND USE OF USER FEES.

(a) Schedule of Fees- The Secretary shall establish and periodically adjust a schedule of fees for the employment of aliens under this subtitle and the amendments made by this subtitle, and a collection process for such fees from employers participating in the program provided under this subtitle. Such fees shall be the only fees chargeable to employers for services provided under this subtitle.CommentsClose CommentsPermalink





(b) Determination of Schedule-CommentsClose CommentsPermalink





(1) IN GENERAL- The schedule under subsection (a) shall reflect a fee rate based on the number of job opportunities indicated in the employer's application under section 218 of the Immigration and Nationality Act, as added by section 615 of this Act, and sufficient to provide for the direct costs of providing services related to an employer's authorization to employ eligible aliens pursuant to this subtitle, to include the certification of eligible employers, the issuance of documentation, and the admission of eligible aliens.CommentsClose CommentsPermalink





(2) PROCEDURE-CommentsClose CommentsPermalink





(A) IN GENERAL- In establishing and adjusting such a schedule, the Secretary shall comply with Federal cost accounting and fee setting standards.CommentsClose CommentsPermalink





(B) PUBLICATION AND COMMENT- The Secretary shall publish in the Federal Register an initial fee schedule and associated collection process and the cost data or estimates upon which such fee schedule is based, and any subsequent amendments thereto, pursuant to which public comment shall be sought and a final rule issued.CommentsClose CommentsPermalink





(c) Use of Proceeds- Notwithstanding any other provision of law, all proceeds resulting from the payment of the alien employment user fees shall be available without further appropriation and shall remain available without fiscal year limitation to reimburse the Secretary, the Secretary of State, and the Secretary of Labor for the costs of carrying out sections 218 and 218F of the Immigration and Nationality Act, as added by section 615 of this Act, and the provisions of this subtitle.CommentsClose CommentsPermalink

SEC. 617. REGULATIONS.

(a) Regulations of the Secretary- The Secretary shall consult with the Secretary of Labor and the Secretary of Agriculture on all regulations to implement the duties of the Secretary under this subtitle and the amendments made by this subtitle.CommentsClose CommentsPermalink





(b) Regulations of the Secretary of State- The Secretary of State shall consult with the Secretary, the Secretary of Labor, and the Secretary of Agriculture on all regulations to implement the duties of the Secretary of State under this subtitle and the amendments made by this subtitle.CommentsClose CommentsPermalink





(c) Regulations of the Secretary of Labor- The Secretary of Labor shall consult with the Secretary of Agriculture and the Secretary on all regulations to implement the duties of the Secretary of Labor under this subtitle and the amendments made by this subtitle.CommentsClose CommentsPermalink





(d) Deadline for Issuance of Regulations- All regulations to implement the duties of the Secretary, the Secretary of State, and the Secretary of Labor created under sections 218, 218E, 218F, and 218G of the Immigration and Nationality Act, as added by section 615 of this Act, shall take effect on the effective date of section 615 and shall be issued not later than 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 618. REPORT TO CONGRESS.

Not later than September 30 of each year, the Secretary shall submit a report to Congress that identifies, for the previous year--CommentsClose CommentsPermalink





(1) the number of job opportunities approved for employment of aliens admitted under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), and the number of workers actually admitted, by State and by occupation;CommentsClose CommentsPermalink





(2) the number of such aliens reported to have abandoned employment pursuant to subsection 218F(e)(2) of such Act;CommentsClose CommentsPermalink





(3) the number of such aliens who departed the United States within the period specified in subsection 218F(d) of such Act;CommentsClose CommentsPermalink





(4) the number of aliens who applied for adjustment of status pursuant to section 613(a);CommentsClose CommentsPermalink





(5) the number of such aliens whose status was adjusted under section 613(a);CommentsClose CommentsPermalink





(6) the number of aliens who applied for permanent residence pursuant to section 613(c); andCommentsClose CommentsPermalink





(7) the number of such aliens who were approved for permanent residence pursuant section 613(c).CommentsClose CommentsPermalink

SEC. 619. EFFECTIVE DATE.

(a) In General- Except as otherwise provided, sections 615 and 616 shall take effect 1 year after the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary shall prepare and submit to the appropriate committees of Congress a report that describes the measures being taken and the progress made in implementing this subtitle.CommentsClose CommentsPermalink

Subtitle C--DREAM Act of 2007

SEC. 621. SHORT TITLE.

This subtitle may be cited as the `Development, Relief, and Education for Alien Minors Act of 2007' or the `DREAM Act of 2007'.CommentsClose CommentsPermalink

SEC. 622. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).CommentsClose CommentsPermalink





(2) UNIFORMED SERVICES- The term `uniformed services' has the meaning given that term in section 101(a) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General- Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.CommentsClose CommentsPermalink





(b) Effective Date- The repeal under subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.CommentsClose CommentsPermalink

SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who Entered the United States as Children-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this subtitle, the Secretary may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, subject to the conditional basis described in section 625, an alien who is inadmissible or deportable from the United States, if the alien demonstrates that--CommentsClose CommentsPermalink





(A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this Act, and had not yet reached the age of 16 years at the time of initial entry;CommentsClose CommentsPermalink





(B) the alien has been a person of good moral character since the time of application;CommentsClose CommentsPermalink





(C) the alien--CommentsClose CommentsPermalink





(i) is not inadmissible under paragraph (2), (3), (6)(B), (6)(C), (6)(E), (6)(F), or (6)(G) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), or, if inadmissible solely under subparagraph (C) or (F) of paragraph (6) of such subsection, the alien was under the age of 16 years at the time the violation was committed; andCommentsClose CommentsPermalink





(ii) is not deportable under paragraph (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), (4), or (6) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)), or, if deportable solely under subparagraphs (C) or (D) of paragraph (3) of such subsection, the alien was under the age of 16 years at the time the violation was committed;CommentsClose CommentsPermalink





(D) the alien, at the time of application, has been admitted to an institution of higher education in the United States, or has earned a high school diploma or obtained a general education development certificate in the United States; andCommentsClose CommentsPermalink





(E) the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien has remained in the United States under color of law or received the order before attaining the age of 16 years.CommentsClose CommentsPermalink





(2) WAIVER- The Secretary may waive the grounds of ineligibility under section 212(a)(6) of the Immigration and Nationality Act and the grounds of deportability under paragraphs (1), (3), and (6) of section 237(a) of that Act for humanitarian purposes or family unity or when it is otherwise in the public interest.CommentsClose CommentsPermalink





(3) PROCEDURES- The Secretary shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this subsection without being placed in removal proceedings.CommentsClose CommentsPermalink





(b) Termination of Continuous Period- For purposes of this section, any period of continuous residence or continuous physical presence in the United States of an alien who applies for cancellation of removal under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)).CommentsClose CommentsPermalink





(c) Treatment of Certain Breaks in Presence-CommentsClose CommentsPermalink





(1) IN GENERAL- An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.CommentsClose CommentsPermalink





(2) EXTENSIONS FOR EXCEPTIONAL CIRCUMSTANCES- The Secretary may extend the time periods described in paragraph (1) if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. The exceptional circumstances determined sufficient to justify an extension should be no less compelling than serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child.CommentsClose CommentsPermalink





(d) Exemption From Numerical Limitations- Nothing in this section may be construed to apply a numerical limitation on the number of aliens who may be eligible for cancellation of removal or adjustment of status under this section.CommentsClose CommentsPermalink





(e) Regulations-CommentsClose CommentsPermalink





(1) PROPOSED REGULATIONS- Not later than 180 days after the date of enactment of this Act, the Secretary shall publish proposed regulations implementing this section. Such regulations shall be effective immediately on an interim basis, but are subject to change and revision after public notice and opportunity for a period for public comment.CommentsClose CommentsPermalink





(2) INTERIM, FINAL REGULATIONS- Within a reasonable time after publication of the interim regulations in accordance with paragraph (1), the Secretary shall publish final regulations implementing this section.CommentsClose CommentsPermalink





(f) Removal of Alien- The Secretary may not remove any alien who has a pending application for conditional status under this subtitle.CommentsClose CommentsPermalink

SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General-CommentsClose CommentsPermalink





(1) CONDITIONAL BASIS FOR STATUS- Notwithstanding any other provision of law, and except as provided in section 626, an alien whose status has been adjusted under section 624 to that of an alien lawfully admitted for permanent residence shall be considered to have obtained such status on a conditional basis subject to the provisions of this section. Such conditional permanent resident status shall be valid for a period of 6 years, subject to termination under subsection (b).CommentsClose CommentsPermalink





(2) NOTICE OF REQUIREMENTS-CommentsClose CommentsPermalink





(A) AT TIME OF OBTAINING PERMANENT RESIDENCE- At the time an alien obtains permanent resident status on a conditional basis under paragraph (1), the Secretary shall provide for notice to the alien regarding the provisions of this section and the requirements of subsection (c) to have the conditional basis of such status removed.CommentsClose CommentsPermalink





(B) EFFECT OF FAILURE TO PROVIDE NOTICE- The failure of the Secretary to provide a notice under this paragraph--CommentsClose CommentsPermalink





(i) shall not affect the enforcement of the provisions of this subtitle with respect to the alien; andCommentsClose CommentsPermalink





(ii) shall not give rise to any private right of action by the alien.CommentsClose CommentsPermalink





(b) Termination of Status-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall terminate the conditional permanent resident status of any alien who obtained such status under this subtitle, if the Secretary determines that the alien--CommentsClose CommentsPermalink





(A) ceases to meet the requirements of subparagraph (B) or (C) of section 624(a)(1);CommentsClose CommentsPermalink





(B) has become a public charge; orCommentsClose CommentsPermalink





(C) has received a dishonorable or other than honorable discharge from the uniformed services.CommentsClose CommentsPermalink





(2) RETURN TO PREVIOUS IMMIGRATION STATUS- Any alien whose conditional permanent resident status is terminated under paragraph (1) shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this subtitle.CommentsClose CommentsPermalink





(c) Requirements of Timely Petition for Removal of Condition-CommentsClose CommentsPermalink





(1) IN GENERAL- In order for the conditional basis of permanent resident status obtained by an alien under subsection (a) to be removed, the alien must file with the Secretary, in accordance with paragraph (3), a petition which requests the removal of such conditional basis and which provides, under penalty of perjury, the facts and information so that the Secretary may make the determination described in paragraph (2)(A).CommentsClose CommentsPermalink





(2) ADJUDICATION OF PETITION TO REMOVE CONDITION-CommentsClose CommentsPermalink





(A) IN GENERAL- If a petition is filed in accordance with paragraph (1) for an alien, the Secretary shall make a determination as to whether the alien meets the requirements set out in subparagraphs (A) through (E) of subsection (d)(1).CommentsClose CommentsPermalink





(B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION- If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and immediately remove the conditional basis of the status of the alien.CommentsClose CommentsPermalink





(C) TERMINATION IF ADVERSE DETERMINATION- If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and terminate the conditional permanent resident status of the alien as of the date of the determination.CommentsClose CommentsPermalink





(3) TIME TO FILE PETITION- An alien may petition to remove the conditional basis to lawful resident status during the period beginning 180 days before and ending 2 years after either the date that is 6 years after the date of the granting of conditional permanent resident status or any other expiration date of the conditional permanent resident status as extended by the Secretary in accordance with this subtitle. The alien shall be deemed in conditional permanent resident status in the United States during the period in which the petition is pending.CommentsClose CommentsPermalink





(d) Details of Petition-CommentsClose CommentsPermalink





(1) CONTENTS OF PETITION- Each petition for an alien under subsection (c)(1) shall contain information to permit the Secretary to determine whether each of the following requirements is met:CommentsClose CommentsPermalink





(A) The alien has demonstrated good moral character during the entire period the alien has been a conditional permanent resident.CommentsClose CommentsPermalink





(B) The alien is in compliance with section 624(a)(1)(C).CommentsClose CommentsPermalink





(C) The alien has not abandoned the alien's residence in the United States. The Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional residence, unless the alien demonstrates that alien has not abandoned the alien's residence. An alien who is absent from the United States due to active service in the uniformed services has not abandoned the alien's residence in the United States during the period of such service.CommentsClose CommentsPermalink





(D) The alien has completed at least 1 of the following:CommentsClose CommentsPermalink





(i) The alien has acquired a degree from an institution of higher education in the United States or has completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States.CommentsClose CommentsPermalink





(ii) The alien has served in the uniformed services for at least 2 years and, if discharged, has received an honorable discharge.CommentsClose CommentsPermalink





(E) The alien has provided a list of all of the secondary educational institutions that the alien attended in the United States.CommentsClose CommentsPermalink





(2) HARDSHIP EXCEPTION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary may, in the Secretary's discretion, remove the conditional status of an alien if the alien--CommentsClose CommentsPermalink





(i) satisfies the requirements of subparagraphs (A), (B), and (C) of paragraph (1);CommentsClose CommentsPermalink





(ii) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); andCommentsClose CommentsPermalink





(iii) demonstrates that the alien's removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.CommentsClose CommentsPermalink





(B) EXTENSION- Upon a showing of good cause, the Secretary may extend the period of the conditional resident status for the purpose of completing the requirements described in paragraph (1)(D).CommentsClose CommentsPermalink





(e) Treatment of Period for Purposes of Naturalization- For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. However, the conditional basis must be removed before the alien may apply for naturalization.CommentsClose CommentsPermalink

SEC. 626. RETROACTIVE BENEFITS.

If, on the date of enactment of this Act, an alien has satisfied all the requirements of subparagraphs (A) through (E) of section 624(a)(1) and section 625(d)(1)(D), the Secretary may adjust the status of the alien to that of a conditional resident in accordance with section 624. The alien may petition for removal of such condition at the end of the conditional residence period in accordance with section 625(c) if the alien has met the requirements of subparagraphs (A), (B), and (C) of section 625(d)(1) during the entire period of conditional residence.CommentsClose CommentsPermalink

SEC. 627. EXCLUSIVE JURISDICTION.

(a) In General- The Secretary shall have exclusive jurisdiction to determine eligibility for relief under this subtitle, except where the alien has been placed into deportation, exclusion, or removal proceedings either prior to or after filing an application for relief under this subtitle, in which case the Attorney General shall have exclusive jurisdiction and shall assume all the powers and duties of the Secretary until proceedings are terminated, or if a final order of deportation, exclusion, or removal is entered the Secretary shall resume all powers and duties delegated to the Secretary under this subtitle.CommentsClose CommentsPermalink





(b) Stay of Removal of Certain Aliens Enrolled in Primary or Secondary School- The Attorney General shall stay the removal proceedings of any alien who--CommentsClose CommentsPermalink





(1) meets all the requirements of subparagraphs (A), (B), (C), and (E) of section 624(a)(1);CommentsClose CommentsPermalink





(2) is at least 12 years of age; andCommentsClose CommentsPermalink





(3) is enrolled full time in a primary or secondary school.CommentsClose CommentsPermalink





(c) Employment- An alien whose removal is stayed pursuant to subsection (b) may be engaged in employment in the United States, consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.), and State and local laws governing minimum age for employment.CommentsClose CommentsPermalink





(d) Lift of Stay- The Attorney General shall lift the stay granted pursuant to subsection (b) if the alien--CommentsClose CommentsPermalink





(1) is no longer enrolled in a primary or secondary school; orCommentsClose CommentsPermalink





(2) ceases to meet the requirements of subsection (b)(1).CommentsClose CommentsPermalink

SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

Whoever files an application for relief under this subtitle and willfully and knowingly falsifies, misrepresents, or conceals a material fact or makes any false or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both.CommentsClose CommentsPermalink

SEC. 629. CONFIDENTIALITY OF INFORMATION.

(a) Prohibition- No officer or employee of the United States may--CommentsClose CommentsPermalink





(1) use the information furnished by the applicant pursuant to an application filed under this subtitle to initiate removal proceedings against any persons identified in the application;CommentsClose CommentsPermalink





(2) make any publication whereby the information furnished by any particular individual pursuant to an application under this subtitle can be identified; orCommentsClose CommentsPermalink





(3) permit anyone other than an officer or employee of the United States Government or, in the case of applications filed under this subtitle with a designated entity, that designated entity, to examine applications filed under this subtitle.CommentsClose CommentsPermalink





(b) Required Disclosure- The Attorney General or the Secretary shall provide the information furnished under this section, and any other information derived from such furnished information, to--CommentsClose CommentsPermalink





(1) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), when such information is requested in writing by such entity; orCommentsClose CommentsPermalink





(2) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).CommentsClose CommentsPermalink





(c) Penalty- Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.CommentsClose CommentsPermalink

SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

Regulations promulgated under this subtitle shall provide that applications under this subtitle will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.CommentsClose CommentsPermalink

SEC. 631. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien who adjusts status to that of a lawful permanent resident under this subtitle shall be eligible only for the following assistance under such title IV:CommentsClose CommentsPermalink





(1) Student loans under parts B, D, and E of such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.), subject to the requirements of such parts.CommentsClose CommentsPermalink





(2) Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part.CommentsClose CommentsPermalink





(3) Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.CommentsClose CommentsPermalink

SEC. 632. GAO REPORT.

Seven years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, which sets forth--CommentsClose CommentsPermalink





(1) the number of aliens who were eligible for cancellation of removal and adjustment of status under section 624(a);CommentsClose CommentsPermalink





(2) the number of aliens who applied for adjustment of status under section 624(a);CommentsClose CommentsPermalink





(3) the number of aliens who were granted adjustment of status under section 624(a); andCommentsClose CommentsPermalink





(4) the number of aliens whose conditional permanent resident status was removed under section 625.CommentsClose CommentsPermalink

Subtitle D--Programs To Assist Nonimmigrant Workers

SEC. 641. INELIGIBILITY AND REMOVAL BEFORE APPLICATION PERIOD.

(a) Limitations on Ineligibility-CommentsClose CommentsPermalink





(1) IN GENERAL- An alien is not ineligible for any immigration benefit under any provision of this title, or any amendment made by this title, solely on the basis that the alien violated section 1543, 1544, or 1546 of chapter 75 of title 18, United States Code, during the period beginning on the date of the enactment of this Act and ending on the date that the Department of Homeland Security begins accepting applications for benefits under title VI.CommentsClose CommentsPermalink





(2) PROSECUTION- An alien who commits a violation of such section 1543, 1544, or 1546 during the period beginning on the date the enactment of this Act and ending on the date that the alien applies for eligibility for such benefit may be prosecuted for the violation if the alien's application for such benefit is denied.CommentsClose CommentsPermalink





(b) Limitation on Removal- If an alien who is apprehended prior to the beginning of the applicable application period described in a provision of this title, or an amendment made by this title, is able to establish prima facie eligibility for an adjustment of status under such a provision, the alien may not be removed from the United States for any reason until the date that is 180 days after the first day of such applicable application period unless the alien has engaged in criminal conduct or is a threat to the national security of the United States.CommentsClose CommentsPermalink

SEC. 642. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.

(a) Grants Authorized- The Assistant Attorney General, Office of Justice Programs, may award grants to qualified non-profit community organizations to educate, train, and support non-profit agencies, immigrant communities, and other interested entities regarding the provisions of this Act and the amendments made by this Act.CommentsClose CommentsPermalink





(b) Use of Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- Grants awarded under this section shall be used--CommentsClose CommentsPermalink





(A) for public education, training, technical assistance, government liaison, and all related costs (including personnel and equipment) incurred by the grantee in providing services related to this Act; andCommentsClose CommentsPermalink





(B) to educate, train, and support nonprofit organizations, immigrant communities, and other interested parties regarding this Act and the amendments made by this Act and on matters related to its implementation.CommentsClose CommentsPermalink





(2) EDUCATION- In addition to the purposes described in paragraph (1), grants awarded under this section shall be used to--CommentsClose CommentsPermalink





(A) educate immigrant communities and other interested entities regarding--CommentsClose CommentsPermalink





(i) the individuals and organizations that can provide authorized legal representation in immigration matters under regulations prescribed by the Secretary; andCommentsClose CommentsPermalink





(ii) the dangers of securing legal advice and assistance from those who are not authorized to provide legal representation in immigration matters;CommentsClose CommentsPermalink





(B) educate interested entities regarding the requirements for obtaining nonprofit recognition and accreditation to represent immigrants under regulations prescribed by the Secretary;CommentsClose CommentsPermalink





(C) provide nonprofit agencies with training and technical assistance on the recognition and accreditation process; andCommentsClose CommentsPermalink





(D) educate nonprofit community organizations, immigrant communities, and other interested entities regarding--CommentsClose CommentsPermalink





(i) the process for obtaining benefits under this Act or under an amendment made by this Act; andCommentsClose CommentsPermalink





(ii) the availability of authorized legal representation for low-income persons who may qualify for benefits under this Act or under an amendment made by this Act.CommentsClose CommentsPermalink





(c) Diversity- The Assistant Attorney General shall ensure, to the extent possible, that the nonprofit community organizations receiving grants under this section serve geographically diverse locations and ethnically diverse populations who may qualify for benefits under the Act.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated to the Office of Justice Programs of the Department of Justice such sums as may be necessary for each of the fiscal years 2008 through 2010 to carry out this section.CommentsClose CommentsPermalink

SEC. 643. STRENGTHENING AMERICAN CITIZENSHIP.

(a) Short Title- This section may be cited as the `Strengthening American Citizenship Act of 2007'.CommentsClose CommentsPermalink





(b) Definition- In this section, the term `Oath of Allegiance' means the binding oath (or affirmation) of allegiance required to be naturalized as a citizen of the United States, as prescribed in section 337(e) of the Immigration and Nationality Act, as added by subsection (h)(1)(B).CommentsClose CommentsPermalink





(c) English Fluency-CommentsClose CommentsPermalink





(1) EDUCATION GRANTS-CommentsClose CommentsPermalink





(A) ESTABLISHMENT- The Chief of the Office of Citizenship of the Department (referred to in this paragraph as the `Chief') shall establish a grant program to provide grants in an amount not to exceed $500 to assist legal residents of the United States who declare an intent to apply for citizenship in the United States to meet the requirements under section 312 of the Immigration and Nationality Act (8 U.S.C. 1423).CommentsClose CommentsPermalink





(B) USE OF FUNDS- Grant funds awarded under this paragraph shall be paid directly to an accredited institution of higher education or other qualified educational institution (as determined by the Chief) for tuition, fees, books, and other educational resources required by a course on the English language in which the legal resident is enrolled.CommentsClose CommentsPermalink





(C) APPLICATION- A legal resident desiring a grant under this paragraph shall submit an application to the Chief at such time, in such manner, and accompanied by such information as the Chief may reasonably require.CommentsClose CommentsPermalink





(D) PRIORITY- If insufficient funds are available to award grants to all qualified applicants, the Chief shall give priority based on the financial need of the applicants.CommentsClose CommentsPermalink





(E) NOTICE- The Secretary, upon relevant registration of a legal resident with the Department, shall notify such legal resident of the availability of grants under this paragraph for legal residents who declare an intent to apply for United States citizenship.CommentsClose CommentsPermalink





(F) DEFINITION- For purposes of this subsection, the term `legal resident' means a lawful permanent resident or a lawfully admitted alien who, in order to adjust status to that of a lawful permanent resident must demonstrate a knowledge of the English language or satisfactory pursuit of a course of study to acquire such knowledge of the English language.CommentsClose CommentsPermalink





(2) FASTER CITIZENSHIP FOR ENGLISH FLUENCY- Section 316 (8 U.S.C. 1427) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(g) A lawful permanent resident of the United States who demonstrates English fluency, in accordance with regulations prescribed by the Secretary of Homeland Security, in consultation with the Secretary of State, will satisfy the residency requirement under subsection (a) upon the completion of 4 years of continuous legal residency in the United States.'.CommentsClose CommentsPermalink





(3) SAVINGS PROVISION- Nothing in this subsection shall be construed to--CommentsClose CommentsPermalink





(A) modify the English language requirements for naturalization under section 312(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)); orCommentsClose CommentsPermalink





(B) influence the naturalization test redesign process of the Office of Citizenship (except for the requirement under subsection (h)(2)).CommentsClose CommentsPermalink





(d) American Citizenship Grant Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall establish a competitive grant program to provide financial assistance for--CommentsClose CommentsPermalink





(A) efforts by entities (including veterans and patriotic organizations) certified by the Office of Citizenship to promote the patriotic integration of prospective citizens into the American way of life by providing civics, history, and English as a second language courses, with a specific emphasis on attachment to principles of the Constitution of the United States, the heroes of American history (including military heroes), and the meaning of the Oath of Allegiance; andCommentsClose CommentsPermalink





(B) other activities approved by the Secretary to promote the patriotic integration of prospective citizens and the implementation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including grants--CommentsClose CommentsPermalink





(i) to promote an understanding of the form of government and history of the United States; andCommentsClose CommentsPermalink





(ii) to promote an attachment to the principles of the Constitution of the United States and the well being and happiness of the people of the United States.CommentsClose CommentsPermalink





(2) ACCEPTANCE OF GIFTS- The Secretary may accept and use gifts from the United States Citizenship Foundation, if the foundation is established under subsection (e), for grants under this subsection.CommentsClose CommentsPermalink





(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection.CommentsClose CommentsPermalink





(e) Funding for the Office of Citizenship-CommentsClose CommentsPermalink





(1) AUTHORIZATION- The Secretary, acting through the Director of the Bureau of Citizenship and Immigration Services, is authorized to establish the United States Citizenship Foundation (referred to in this subsection as the `Foundation'), an organization duly incorporated in the District of Columbia, exclusively for charitable and educational purposes to support the functions of the Office of Citizenship.CommentsClose CommentsPermalink





(2) DEDICATED FUNDING-CommentsClose CommentsPermalink





(A) IN GENERAL- Not less than 1.5 percent of the funds made available to the Bureau of Citizenship and Immigration Services from fees shall be dedicated to the functions of the Office of Citizenship, which shall include the patriotic integration of prospective citizens into--CommentsClose CommentsPermalink





(i) American common values and traditions, including an understanding of American history and the principles of the Constitution of the United States; andCommentsClose CommentsPermalink





(ii) civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections.CommentsClose CommentsPermalink





(B) SENSE OF CONGRESS- It is the sense of Congress that dedicating increased funds to the Office of Citizenship should not result in an increase in fees charged by the Bureau of Citizenship and Immigration Services.CommentsClose CommentsPermalink





(3) GIFTS-CommentsClose CommentsPermalink





(A) TO FOUNDATION- The Foundation may solicit, accept, and make gifts of money and other property in accordance with section 501(c)(3) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(B) FROM FOUNDATION- The Office of Citizenship may accept gifts from the Foundation to support the functions of the Office.CommentsClose CommentsPermalink





(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out the mission of the Office of Citizenship, including the functions described in paragraph (2)(A).CommentsClose CommentsPermalink





(f) Restriction on Use of Funds- No funds appropriated to carry out a program under this subsection (d) or (e) may be used to organize individuals for the purpose of political activism or advocacy.CommentsClose CommentsPermalink





(g) Reporting Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- The Chief of the Office of Citizenship shall submit an annual report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on the Judiciary of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(2) CONTENTS- The report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a list of the entities that have received funds from the Office of Citizenship during the reporting period under this section and the amount of funding received by each such entity;CommentsClose CommentsPermalink





(B) an evaluation of the extent to which grants received under this section successfully promoted an understanding of--CommentsClose CommentsPermalink





(i) the English language; andCommentsClose CommentsPermalink





(ii) American history and government, including the heroes of American history, the meaning of the Oath of Allegiance, and an attachment to the principles of the Constitution of the United States; andCommentsClose CommentsPermalink





(C) information about the number of legal residents who were able to achieve the knowledge described under paragraph (2) as a result of the grants provided under this section.CommentsClose CommentsPermalink





(h) Oath or Affirmation of Renunciation and Allegiance-CommentsClose CommentsPermalink





(1) REVISION OF OATH- Section 337 (8 U.S.C. 1448) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking `under section 310(b) an oath' and all that follows through `personal moral code.' and inserting `under section 310(b), the oath (or affirmation) of allegiance prescribed in subsection (e).'; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(e)(1) Subject to paragraphs (2) and (3), the oath (or affirmation) of allegiance prescribed in this subsection is as follows: `I take this oath solemnly, freely, and without any mental reservation. I absolutely and entirely renounce all allegiance to any foreign state or power of which I have been a subject or citizen. My fidelity and allegiance from this day forward are to the United States of America. I will bear true faith and allegiance to the Constitution and laws of the United States, and will support and defend them against all enemies, foreign and domestic. I will bear arms, or perform noncombatant military or civilian service, on behalf of the United States when required by law. This I do solemnly swear, so help me God.'.CommentsClose CommentsPermalink





`(2) If a person, by reason of religious training and belief (or individual interpretation thereof) or for other reasons of good conscience, cannot take the oath prescribed in paragraph (1)--CommentsClose CommentsPermalink





`(A) with the term `oath' included, the term `affirmation' shall be substituted for the term `oath'; andCommentsClose CommentsPermalink





`(B) with the phrase `so help me God' included, the phrase `so help me God' shall be omitted.CommentsClose CommentsPermalink





`(3) If a person shows by clear and convincing evidence to the satisfaction of the Attorney General that such person, by reason of religious training and belief, cannot take the oath prescribed in paragraph (1)--CommentsClose CommentsPermalink





`(A) because such person is opposed to the bearing of arms in the Armed Forces of the United States, the words `bear arms, or' shall be omitted; andCommentsClose CommentsPermalink





`(B) because such person is opposed to any type of service in the Armed Forces of the United States, the words `bear arms, or' and `noncombatant military or' shall be omitted.CommentsClose CommentsPermalink





`(4) As used in this subsection, the term `religious training and belief'--CommentsClose CommentsPermalink





`(A) means a belief of an individual in relation to a Supreme Being involving duties superior to those arising from any human relation; andCommentsClose CommentsPermalink





`(B) does not include essentially political, sociological, or philosophical views or a merely personal moral code.CommentsClose CommentsPermalink





`(5) Any reference in this title to `oath' or `oath of allegiance' under this section shall be deemed to refer to the oath (or affirmation) of allegiance prescribed under this subsection.'.CommentsClose CommentsPermalink





(2) HISTORY AND GOVERNMENT TEST- The Secretary shall incorporate a knowledge and understanding of the meaning of the Oath of Allegiance into the history and government test given to applicants for citizenship.CommentsClose CommentsPermalink





(3) NOTICE TO FOREIGN EMBASSIES- Upon the naturalization of a new citizen, the Secretary, in cooperation with the Secretary of State, shall notify the embassy of the country of which the new citizen was a citizen or subject that such citizen has--CommentsClose CommentsPermalink





(A) renounced allegiance to that foreign country; andCommentsClose CommentsPermalink





(B) sworn allegiance to the United States.CommentsClose CommentsPermalink





(4) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on the date that is 6 months after the date of enactment of this Act.CommentsClose CommentsPermalink





(i) Establishment of New Citizens Award Program-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established a new citizens award program to recognize citizens who--CommentsClose CommentsPermalink





(A) have made an outstanding contribution to the United States; andCommentsClose CommentsPermalink





(B) were naturalized during the 10-year period ending on the date of such recognition.CommentsClose CommentsPermalink





(2) PRESENTATION AUTHORIZED-CommentsClose CommentsPermalink





(A) IN GENERAL- The President is authorized to present a medal, in recognition of outstanding contributions to the United States, to citizens described in paragraph (1).CommentsClose CommentsPermalink





(B) MAXIMUM NUMBER OF AWARDS- Not more than 10 citizens may receive a medal under this subsection in any calendar year.CommentsClose CommentsPermalink





(3) DESIGN AND STRIKING- The Secretary of the Treasury shall strike a medal with suitable emblems, devices, and inscriptions, to be determined by the President.CommentsClose CommentsPermalink





(4) NATIONAL MEDALS- The medals struck pursuant to this subsection are national medals for purposes of chapter 51 of title 31, United States Code.CommentsClose CommentsPermalink





(j) Naturalization Ceremonies-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary, in consultation with the Director of the National Park Service, the Archivist of the United States, and other appropriate Federal officials, shall develop and implement a strategy to enhance the public awareness of naturalization ceremonies.CommentsClose CommentsPermalink





(2) VENUES- In developing the strategy under this subsection, the Secretary shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies.CommentsClose CommentsPermalink





(3) REPORTING REQUIREMENT- The Secretary shall submit an annual report to Congress that includes--CommentsClose CommentsPermalink





(A) the content of the strategy developed under this subsection; andCommentsClose CommentsPermalink





(B) the progress made towards the implementation of such strategy.CommentsClose CommentsPermalink

SEC. 644. SUPPLEMENTAL IMMIGRATION FEE.

(a) Authorization of Fee-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), any alien who receives any immigration benefit under this title, or the amendments made by this title, shall, before receiving such benefit, pay a fee to the Secretary in an amount equal to $500, in addition to other applicable fees and penalties imposed under this title, or the amendments made by this title.CommentsClose CommentsPermalink





(2) FEES CONTINGENT ON APPROPRIATIONS- No fee may be collected under this section except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed, as described in subsection (b), is provided for in advance in an appropriations Act.CommentsClose CommentsPermalink





(b) Deposit and Expenditure of Fees-CommentsClose CommentsPermalink





(1) DEPOSIT- Amounts collected under subsection (a) shall be deposited as an offsetting collection in, and credited to, the accounts providing appropriations--CommentsClose CommentsPermalink





(A) to carry out the apprehension and detention of any alien who is inadmissible by reason of any offense described in section 212(a);CommentsClose CommentsPermalink





(B) to carry out the apprehension and detention of any alien who is deportable for any offense under section 237(a);CommentsClose CommentsPermalink





(C) to acquire border sensor and surveillance technology;CommentsClose CommentsPermalink





(D) for air and marine interdiction, operations, maintenance, and procurement;CommentsClose CommentsPermalink





(E) for construction projects in support of the United States Customs and Border Protection;CommentsClose CommentsPermalink





(F) to train Federal law enforcement personnel; andCommentsClose CommentsPermalink





(G) for maritime security activities.CommentsClose CommentsPermalink





(2) AVAILABILITY OF FEES- Amounts deposited under paragraph (1) shall remain available until expended for the activities and services described in paragraph (1).CommentsClose CommentsPermalink

SEC. 645. ADDRESSING POVERTY IN MEXICO.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) There is a strong correlation between economic freedom and economic prosperity.CommentsClose CommentsPermalink





(2) Trade policy, fiscal burden of government, government intervention in the economy, monetary policy, capital flows and foreign investment, banking and finance, wages and prices, property rights, regulation, and informal market activity are key factors in economic freedom.CommentsClose CommentsPermalink





(3) Poverty in Mexico, including rural poverty, can be mitigated through strengthened economic freedom within Mexico.CommentsClose CommentsPermalink





(4) Strengthened economic freedom in Mexico can be a major influence in mitigating illegal immigration.CommentsClose CommentsPermalink





(5) Advancing economic freedom within Mexico is an important part of any comprehensive plan to understanding the sources of poverty and the path to economic prosperity.CommentsClose CommentsPermalink





(b) Grant Authorized- The Secretary of State may award a grant to a land grant university in the United States to establish a national program for a broad, university-based Mexican rural poverty mitigation program.CommentsClose CommentsPermalink





(c) Functions of Mexican Rural Poverty Mitigation Program- The program established pursuant to subsection (b) shall--CommentsClose CommentsPermalink





(1) match a land grant university in the United States with the lead Mexican public university in each of Mexico's 31 states to provide state-level coordination of rural poverty programs in Mexico;CommentsClose CommentsPermalink





(2) establish relationships and coordinate programmatic ties between universities in the United States and universities in Mexico to address the issue of rural poverty in Mexico;CommentsClose CommentsPermalink





(3) establish and coordinate relationships with key leaders in the United States and Mexico to explore the effect of rural poverty on illegal immigration of Mexicans into the United States; andCommentsClose CommentsPermalink





(4) address immigration and border security concerns through a university-based, binational approach for long-term institutional change.CommentsClose CommentsPermalink





(d) Use of Funds-CommentsClose CommentsPermalink





(1) AUTHORIZED USES- Grant funds awarded under this section may be used--CommentsClose CommentsPermalink





(A) for education, training, technical assistance, and any related expenses (including personnel and equipment) incurred by the grantee in implementing a program described in subsection (a); andCommentsClose CommentsPermalink





(B) to establish an administrative structure for such program in the United States.CommentsClose CommentsPermalink





(2) LIMITATIONS- Grant funds awarded under this section may not be used for activities, responsibilities, or related costs incurred by entities in Mexico.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated such funds as may be necessary to carry out this section.CommentsClose CommentsPermalink

TITLE VII--MISCELLANEOUS

Subtitle A--Immigration Litigation Reduction

CHAPTER 1--APPEALS AND REVIEW

SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL.

(a) Department of Homeland Security-CommentsClose CommentsPermalink





(1) TRIAL ATTORNEYS- In each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations for such purpose, increase the number of positions for attorneys in the Office of General Counsel of the Department who represent the Department in immigration matters by not less than 100 above the number of such positions for which funds were made available during each preceding fiscal year.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary for each of the fiscal years 2008 through 2012 such sums as may be necessary to carry out this subsection.CommentsClose CommentsPermalink





(b) Department of Justice-CommentsClose CommentsPermalink





(1) LITIGATION ATTORNEYS- In each of the fiscal years 2008 through 2012, the Attorney General shall, subject to the availability of appropriations for such purpose, increase by not less than 50 the number of positions for attorneys in the Office of Immigration Litigation of the Department of Justice.CommentsClose CommentsPermalink





(2) UNITED STATES ATTORNEYS- In each of the fiscal years 2008 through 2012, the Attorney General shall, subject to the availability of appropriations for such purpose, increase by not less than 50 the number of attorneys in the United States Attorneys' office to litigate immigration cases in the Federal courts.CommentsClose CommentsPermalink





(3) IMMIGRATION JUDGES- In each of the fiscal years 2008 through 2012, the Attorney General shall, subject to the availability of appropriations for such purpose--CommentsClose CommentsPermalink





(A) increase by not less than 20 the number of full-time immigration judges compared to the number of such positions for which funds were made available during the preceding fiscal year; andCommentsClose CommentsPermalink





(B) increase by not less than 80 the number of positions for personnel to support the immigration judges described in subparagraph (A) compared to the number of such positions for which funds were made available during the preceding fiscal year.CommentsClose CommentsPermalink





(4) STAFF ATTORNEYS- In each of the fiscal years 2008 through 2012, the Attorney General shall, subject to the availability of appropriations for such purpose--CommentsClose CommentsPermalink





(A) increase by not less than 10 the number of positions for full-time staff attorneys in the Board of Immigration Appeals compared to the number of such positions for which funds were made available during the preceding fiscal year; andCommentsClose CommentsPermalink





(B) increase by not less than 10 the number of positions for personnel to support the staff attorneys described in subparagraph (A) compared to the number of such positions for which funds were made available during the preceding fiscal yearCommentsClose CommentsPermalink





(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Attorney General for each of the fiscal years 2008 through 2012 such sums as may be necessary to carry out this subsection, including the hiring of necessary support staff.CommentsClose CommentsPermalink





(c) Administrative Office of the United States Courts- In each of the fiscal years 2008 through 2012, the Director of the Administrative Office of the United States Courts shall, subject to the availability of appropriations, increase by not less than 50 the number of attorneys in the Federal Defenders Program who litigate criminal immigration cases in the Federal courts.CommentsClose CommentsPermalink

CHAPTER 2--IMMIGRATION REVIEW REFORM

SEC. 702. BOARD OF IMMIGRATION APPEALS.

(a) Composition and Appointment- Notwithstanding any other provision of law, the Board of Immigration Appeals of the Department of Justice (referred to in this section as the `Board'), shall be composed of a Chair and 22 other immigration appeals judges, who shall be appointed by the Attorney General. Upon the expiration of a term of office, a Board member may continue to act until a successor has been appointed and qualified.CommentsClose CommentsPermalink





(b) Qualifications- Each member of the Board, including the Chair, shall--CommentsClose CommentsPermalink





(1) be an attorney in good standing of a bar of a State or the District of Columbia;CommentsClose CommentsPermalink





(2) have at least--CommentsClose CommentsPermalink





(A) 7 years of professional, legal expertise; orCommentsClose CommentsPermalink





(B) 5 years of professional, legal expertise in immigration and nationality law; andCommentsClose CommentsPermalink





(3) meet the minimum appointment requirements of an administrative law judge under title 5, United States Code.CommentsClose CommentsPermalink





(c) Duties of the Chair- The Chair of the Board, subject to the supervision of the Director of the Executive Office for Immigration Review, shall--CommentsClose CommentsPermalink





(1) be responsible, on behalf of the Board, for the administrative operations of the Board and shall have the power to appoint such administrative assistants, attorneys, clerks, and other personnel as may be needed for that purpose;CommentsClose CommentsPermalink





(2) direct, supervise, and establish internal operating procedures and policies of the Board;CommentsClose CommentsPermalink





(3) designate a member of the Board to act as Chair if the Chair is absent or unavailable;CommentsClose CommentsPermalink





(4) adjudicate cases as a member of the Board;CommentsClose CommentsPermalink





(5) form 3-member panels as provided by subsection (g);CommentsClose CommentsPermalink





(6) direct that a case be heard en banc as provided by subsection (h); andCommentsClose CommentsPermalink





(7) exercise such other authorities as the Director may provide.CommentsClose CommentsPermalink





(d) Board Members Duties- In deciding a case before the Board, the Board--CommentsClose CommentsPermalink





(1) shall exercise independent judgment and discretion; andCommentsClose CommentsPermalink





(2) may take any action that is appropriate and necessary for the disposition of such case that is consistent with the authority provided in this section and any regulations established in accordance with this section.CommentsClose CommentsPermalink





(e) Jurisdiction-CommentsClose CommentsPermalink





(1) IN GENERAL- The Board shall have jurisdiction to hear appeals described in section 1003.1(b) of title 8, Code of Federal Regulations (or any corresponding similar regulation).CommentsClose CommentsPermalink





(2) LIMITATION- The Board shall not have jurisdiction to hear an appeal of a decision of an immigration judge for an order of removal entered in absentia.CommentsClose CommentsPermalink





(f) Scope of Review-CommentsClose CommentsPermalink





(1) FINDINGS OR FACT- The Board shall--CommentsClose CommentsPermalink





(A) accept findings of fact determined by an immigration judge, including findings as to the credibility of testimony, unless the findings are clearly erroneous; andCommentsClose CommentsPermalink





(B) give due deference to an immigration judge's application of the law to the facts.CommentsClose CommentsPermalink





(2) QUESTIONS OF LAW- The Board shall review de novo questions of law, discretion, and judgment, and all other issues in appeals from decisions of immigration judges.CommentsClose CommentsPermalink





(3) APPEALS FROM OFFICERS' DECISIONS-CommentsClose CommentsPermalink





(A) STANDARD OF REVIEW- The Board shall review de novo all questions arising in appeals from decisions issued by officers of the Department.CommentsClose CommentsPermalink





(B) PROHIBITION OF FACT FINDING- Except for taking administrative notice of commonly known facts such as current events or the contents of official documents, the Board may not engage in fact-finding in the course of deciding appeals.CommentsClose CommentsPermalink





(C) REMAND- A party asserting that the Board cannot properly resolve an appeal without further fact-finding shall file a motion for remand. If further fact-finding is needed in a case, the Board shall remand the proceeding to the immigration judge or, as appropriate, to the Secretary.CommentsClose CommentsPermalink





(g) Panels-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (5) all cases shall be subject to review by a 3-member panel. The Chair shall divide the Board into 3-member panels and designate a presiding member.CommentsClose CommentsPermalink





(2) AUTHORITY- Each panel may exercise the appropriate authority of the Board that is necessary for the adjudication of cases before the Board.CommentsClose CommentsPermalink





(3) QUORUM- Two members appointed to a panel shall constitute a quorum for such panel.CommentsClose CommentsPermalink





(4) CHANGES IN COMPOSITION- The Chair may from time to time make changes in the composition of a panel and of the presiding member of a panel.CommentsClose CommentsPermalink





(5) PRESIDING MEMBER DECISIONS- The presiding member of a panel may act alone on any motion as provided in paragraphs (2) and (3) of subsection (i) and may not otherwise dismiss or determine an appeal as a single Board member.CommentsClose CommentsPermalink





(h) En Banc Process-CommentsClose CommentsPermalink





(1) IN GENERAL- The Board may on its own motion, by a majority vote of the Board members, or by direction of the Chair--CommentsClose CommentsPermalink





(A) consider any case as the full Board en banc; orCommentsClose CommentsPermalink





(B) reconsider as the full Board en banc any case that has been considered or decided by a 3-member panel or by a limited en banc panel.CommentsClose CommentsPermalink





(2) QUORUM- A majority of the Board members shall constitute a quorum of the Board sitting en banc.CommentsClose CommentsPermalink





(i) Decisions of the Board-CommentsClose CommentsPermalink





(1) AFFIRMANCE WITHOUT OPINION- Upon individualized review of a case, the Board may affirm the decision of an immigration judge without opinion only if--CommentsClose CommentsPermalink





(A) the decision of the immigration judge resolved all issues in the case;CommentsClose CommentsPermalink





(B) the issue on appeal is squarely controlled by existing Board or Federal court precedent and does not involve the application of precedent to a novel fact situation;CommentsClose CommentsPermalink





(C) the factual and legal questions raised on appeal are so insubstantial that the case does not warrant the issuance of a written opinion in the case; andCommentsClose CommentsPermalink





(D) the Board approves both the result reached in the decision below and all of the reasoning of that decision.CommentsClose CommentsPermalink





(2) SUMMARY DISMISSAL OF APPEALS- The 3-member panel or the presiding member acting alone may summarily dismiss any appeal or portion of any appeal in any case which--CommentsClose CommentsPermalink





(A) the party seeking the appeal fails to specify the reasons for the appeal;CommentsClose CommentsPermalink





(B) the only reason for the appeal specified by such party involves a finding of fact or a conclusion of law that was conceded by that party at a prior proceeding;CommentsClose CommentsPermalink





(C) the appeal is from an order that granted such party the relief that had been requested;CommentsClose CommentsPermalink





(D) the appeal is determined to be filed for an improper purpose, such as to cause unnecessary delay; orCommentsClose CommentsPermalink





(E) the appeal lacks an arguable basis in fact or in law and is not supported by a good faith argument for extension, modification, or reversal of existing law.CommentsClose CommentsPermalink





(3) UNOPPOSED DISPOSITIONS- The 3-member panel or the presiding member acting alone may--CommentsClose CommentsPermalink





(A) grant an unopposed motion or a motion to withdraw an appeal pending before the Board; orCommentsClose CommentsPermalink





(B) adjudicate a motion to remand any appeal--CommentsClose CommentsPermalink





(i) from the decision of an officer of the Department if the appropriate official of the Department requests that the matter be remanded back for further consideration;CommentsClose CommentsPermalink





(ii) if remand is required because of a defective or missing transcript; orCommentsClose CommentsPermalink





(iii) if remand is required for any other procedural or ministerial issue.CommentsClose CommentsPermalink





(4) NOTICE OF RIGHT TO APPEAL- The decision by the Board shall include notice to the alien of the alien's right to file a petition for review in a United States Court of Appeals not later than 30 days after the date of the decision.CommentsClose CommentsPermalink

SEC. 703. IMMIGRATION JUDGES.

(a) Appointment of Immigration Judges-CommentsClose CommentsPermalink





(1) IN GENERAL- The Chief Immigration Judge (as described in section 1003.9 of title 8, Code of Federal Regulations, or any corresponding similar regulation) and other immigration judges shall be appointed by the Attorney General. Upon the expiration of a term of office, the immigration judge may continue to act until a successor has been appointed and qualified.CommentsClose CommentsPermalink





(2) QUALIFICATIONS- Each immigration judge, including the Chief Immigration Judge, shall be an attorney in good standing of a bar of a State or the District of Columbia and shall have at least 5 years of professional, legal expertise or at least 3 years professional or legal expertise in immigration and nationality law.CommentsClose CommentsPermalink





(b) Jurisdiction- An Immigration judge shall have the authority to hear matters related to any removal proceeding pursuant to section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) described in section 1240.1(a) of title 8, Code of Federal Regulations (or any corresponding similar regulation).CommentsClose CommentsPermalink





(c) Duties of Immigration Judges- In deciding a case, an immigration judge--CommentsClose CommentsPermalink





(1) shall exercise independent judgment and discretion; andCommentsClose CommentsPermalink





(2) may take any action that is appropriate and necessary for the disposition of such case that is consistent with their authorities under this section and regulations established in accordance with this section.CommentsClose CommentsPermalink





(d) Review- Decisions of immigration judges are subject to review by the Board of Immigration Appeals in any case in which the Board has jurisdiction.CommentsClose CommentsPermalink

SEC. 704. REMOVAL AND REVIEW OF JUDGES.

No immigration judge or member of the Board may be removed or otherwise subject to disciplinary or adverse action for their exercise of independent judgment and discretion as prescribed by this chapter.CommentsClose CommentsPermalink

SEC. 705. LEGAL ORIENTATION PROGRAM.

(a) Continued Operation- The Director of the Executive Office for Immigration Review shall continue to operate a legal orientation program to provide basic information about immigration court procedures for immigration detainees and shall expand the legal orientation program to provide such information on a nationwide basis.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out such legal orientation program.CommentsClose CommentsPermalink

SEC. 706. RULEMAKING.

Not later than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations to implement this subtitle.CommentsClose CommentsPermalink

SEC. 707. GAO STUDY ON THE APPELLATE PROCESS FOR IMMIGRATION APPEALS.

(a) In General- The Comptroller General of the United States shall, not later than 180 days after enactment of this Act, conduct a study on the appellate process for immigration appeals.CommentsClose CommentsPermalink





(b) Requirements- In conducting the study under subsection (a), the Comptroller General shall consider the possibility of consolidating all appeals from the Board of Immigration Appeals and habeas corpus petitions in immigration cases into 1 United States Court of Appeals, by--CommentsClose CommentsPermalink





(1) consolidating all such appeals into an existing circuit court, such as the United States Court of Appeals for the Federal Circuit;CommentsClose CommentsPermalink





(2) consolidating all such appeals into a centralized appellate court consisting of active circuit court judges temporarily assigned from the various circuits, in a manner similar to the Foreign Intelligence Surveillance Court or the Temporary Emergency Court of Appeals; orCommentsClose CommentsPermalink





(3) implementing a mechanism by which a panel of active circuit court judges shall have the authority to reassign such appeals from circuits with relatively high caseloads to circuits with relatively low caseloads.CommentsClose CommentsPermalink





(c) Factors To Consider- In conducting the study under subsection (a), the Comptroller General, in consultation with the Attorney General, the Secretary, and the Judicial Conference of the United States, shall consider--CommentsClose CommentsPermalink





(1) the resources needed for each alternative, including judges, attorneys and other support staff, case management techniques including technological requirements, physical infrastructure, and other procedural and logistical issues as appropriate;CommentsClose CommentsPermalink





(2) the impact of each plan on various circuits, including their caseload in general and caseload per panel;CommentsClose CommentsPermalink





(3) the possibility of utilizing case management techniques to reduce the impact of any consolidation option, such as requiring certificates of reviewability, similar to procedures for habeas and existing summary dismissal procedures in local rules of the courts of appeals;CommentsClose CommentsPermalink





(4) the effect of reforms in this Act on the ability of the circuit courts to adjudicate such appeals;CommentsClose CommentsPermalink





(5) potential impact, if any, on litigants; andCommentsClose CommentsPermalink





(6) other reforms to improve adjudication of immigration matters, including appellate review of motions to reopen and reconsider, and attorney fee awards with respect to review of final orders of removal.CommentsClose CommentsPermalink

SEC. 708. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF MAGISTRATES.

Section 631(a) of title 28, United States Code, is amended by striking `Northern Mariana Islands' the first place it appears and inserting `Northern Mariana Islands, including any judge in regular active service and any judge who has retired from regular active service under section 371(b) of this title,'.CommentsClose CommentsPermalink

Subtitle B--Citizenship Assistance for Members of the Armed Services

SEC. 711. SHORT TITLE.

This subtitle may be cited as the `Kendell Frederick Citizenship Assistance Act'.CommentsClose CommentsPermalink

SEC. 712. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS OF THE ARMED FORCES.

Notwithstanding any other provision of law or any regulation, the Secretary shall use the fingerprints provided by an individual at the time the individual enlists in the Armed Forces to satisfy any requirement for fingerprints as part of an application for naturalization if the individual--CommentsClose CommentsPermalink





(1) may be naturalized pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439 and 1440);CommentsClose CommentsPermalink





(2) was fingerprinted in accordance with the requirements of the Department of Defense at the time the individual enlisted in the Armed Forces; andCommentsClose CommentsPermalink





(3) submits an application for naturalization not later than 12 months after the date the individual enlisted in the Armed Forces.CommentsClose CommentsPermalink

SEC. 713. PROVISION OF INFORMATION ON NATURALIZATION TO MEMBERS OF THE ARMED FORCES.

The Secretary shall--CommentsClose CommentsPermalink





(1) establish a dedicated toll-free telephone service available only to members of the Armed Forces and the families of such members to provide information related to naturalization pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439 or 1440), including the status of an application for such naturalization;CommentsClose CommentsPermalink





(2) ensure that the telephone service required by paragraph (1) is operated by employees of the Department who--CommentsClose CommentsPermalink





(A) have received specialized training on the naturalization process for members of the Armed Forces and the families of such members; andCommentsClose CommentsPermalink





(B) are physically located in the same unit as the military processing unit that adjudicates applications for naturalization pursuant to such section 328 or 329; andCommentsClose CommentsPermalink





(3) implement a quality control program to monitor, on a regular basis, the accuracy and quality of information provided by the employees who operate the telephone service required by paragraph (1), including the breadth of the knowledge related to the naturalization process of such employees.CommentsClose CommentsPermalink

SEC. 714. PROVISION OF INFORMATION ON NATURALIZATION TO THE PUBLIC.

Not later than 30 days after the date that a modification to any law or regulation related to the naturalization process becomes effective, the Secretary shall update the appropriate application form for naturalization, the instructions and guidebook for obtaining naturalization, and the Internet website maintained by the Secretary to reflect such modification.CommentsClose CommentsPermalink

SEC. 715. REPORTS.

(a) Adjudication Process- Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the entire process for the adjudication of an application for naturalization filed pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439 or 1440), including the process that begins at the time the application is mailed to, or received by, the Secretary, regardless of whether the Secretary determines that such application is complete, through the final disposition of such application. Such report shall include a description of--CommentsClose CommentsPermalink





(1) the methods of the Secretary to prepare, handle, and adjudicate such applications;CommentsClose CommentsPermalink





(2) the effectiveness of the chain of authority, supervision, and training of employees of the Government or of other entities, including contract employees, who have any role in the such process or adjudication; andCommentsClose CommentsPermalink





(3) the ability of the Secretary to use technology to facilitate or accomplish any aspect of such process or adjudication.CommentsClose CommentsPermalink





(b) Implementation-CommentsClose CommentsPermalink





(1) STUDY- The Comptroller General of the United States shall conduct a study on the implementation of this subtitle by the Secretary, including studying any technology that may be used to improve the efficiency of the naturalization process for members of the Armed Forces.CommentsClose CommentsPermalink





(2) REPORT- Not later than 180 days after the date that the Comptroller General submits the report required by subsection (a), the Comptroller General shall submit to the appropriate congressional committees a report on the study required by paragraph (1). The report shall include any recommendations of the Comptroller General for improving the implementation of this subtitle by the Secretary.CommentsClose CommentsPermalink





(c) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Armed Services and the Committee on the Judiciary of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink

Subtitle C--State Court Interpreter Grant Program

SEC. 721. SHORT TITLE.

This subtitle may be cited as the `State Court Interpreter Grant Program Act'.CommentsClose CommentsPermalink

SEC. 722. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) the fair administration of justice depends on the ability of all participants in a courtroom proceeding to understand that proceeding, regardless of their English proficiency;CommentsClose CommentsPermalink





(2) 19 percent of the population of the United States over 5 years of age speaks a language other than English at home;CommentsClose CommentsPermalink





(3) only qualified court interpreters can ensure that persons with limited English proficiency comprehend judicial proceedings in which they are a party;CommentsClose CommentsPermalink





(4) the knowledge and skills required of a qualified court interpreter differ substantially from those required in other interpretation settings, such as social service, medical, diplomatic, and conference interpreting;CommentsClose CommentsPermalink





(5) the Federal Government has demonstrated its commitment to equal administration of justice regardless of English proficiency;CommentsClose CommentsPermalink





(6) regulations implementing title VI of the Civil Rights Act of 1964, as well as the guidance issued by the Department of Justice pursuant to Executive Order 13166, issued August 11, 2000, clarify that all recipients of Federal financial assistance, including State courts, are required to take reasonable steps to provide meaningful access to their proceedings for persons with limited English proficiency;CommentsClose CommentsPermalink





(7) 34 States have developed, or are developing, court interpreting programs;CommentsClose CommentsPermalink





(8) robust, effective court interpreter programs--CommentsClose CommentsPermalink





(A) actively recruit skilled individuals to be court interpreters;CommentsClose CommentsPermalink





(B) train those individuals in the interpretation of court proceedings;CommentsClose CommentsPermalink





(C) develop and use a thorough, systematic certification process for court interpreters; andCommentsClose CommentsPermalink





(D) have sufficient funding to ensure that a qualified interpreter will be available to the court whenever necessary; andCommentsClose CommentsPermalink





(9) Federal funding is necessary to--CommentsClose CommentsPermalink





(A) encourage State courts that do not have court interpreter programs to develop them;CommentsClose CommentsPermalink





(B) assist State courts with nascent court interpreter programs to implement them;CommentsClose CommentsPermalink





(C) assist State courts with limited court interpreter programs to enhance them; andCommentsClose CommentsPermalink





(D) assist State courts with robust court interpreter programs to make further improvements and share successful programs with other States.CommentsClose CommentsPermalink

SEC. 723. STATE COURT INTERPRETER GRANTS.

(a) Grants Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator of the Office of Justice Programs of the Department of Justice (referred to in this section as the `Administrator') shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State courts to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party.CommentsClose CommentsPermalink





(2) TECHNICAL ASSISTANCE- The Administrator shall allocate, for each fiscal year, $500,000 of the amount appropriated pursuant to section 724 to be used to establish a court interpreter technical assistance program to assist State courts receiving grants under this subtitle.CommentsClose CommentsPermalink





(b) Use of Grants- Grants awarded under subsection (a) may be used by State courts to--CommentsClose CommentsPermalink





(1) assess regional language demands;CommentsClose CommentsPermalink





(2) develop a court interpreter program for the State courts;CommentsClose CommentsPermalink





(3) develop, institute, and administer language certification examinations;CommentsClose CommentsPermalink





(4) recruit, train, and certify qualified court interpreters;CommentsClose CommentsPermalink





(5) pay for salaries, transportation, and technology necessary to implement the court interpreter program developed under paragraph (2); andCommentsClose CommentsPermalink





(6) engage in other related activities, as prescribed by the Attorney General.CommentsClose CommentsPermalink





(c) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- The highest State court of each State desiring a grant under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.CommentsClose CommentsPermalink





(2) STATE COURTS- The highest State court of each State submitting an application under paragraph (1) shall include in the application--CommentsClose CommentsPermalink





(A) an identification of each State court in that State which would receive funds from the grant;CommentsClose CommentsPermalink





(B) the amount of funds each State court identified under subparagraph (A) would receive from the grant; andCommentsClose CommentsPermalink





(C) the procedures the highest State court would use to directly distribute grant funds to State courts identified under subparagraph (A).CommentsClose CommentsPermalink





(d) State Court Allotments-CommentsClose CommentsPermalink





(1) BASE ALLOTMENT- From amounts appropriated for each fiscal year pursuant to section 724, the Administrator shall allocate $100,000 to each of the highest State court of each State, which has an application approved under subsection (c).CommentsClose CommentsPermalink





(2) DISCRETIONARY ALLOTMENT- From amounts appropriated for each fiscal year pursuant to section 724, the Administrator shall allocate a total of $5,000,000 to the highest State court of States that have extraordinary needs that must be addressed in order to develop, implement, or expand a State court interpreter program.CommentsClose CommentsPermalink





(3) ADDITIONAL ALLOTMENT- In addition to the allocations made under paragraphs (1) and (2), the Administrator shall allocate to each of the highest State court of each State, which has an application approved under subsection (c), an amount equal to the product reached by multiplying--CommentsClose CommentsPermalink





(A) the unallocated balance of the amount appropriated for each fiscal year pursuant to section 724; andCommentsClose CommentsPermalink





(B) the ratio between the number of people over 5 years of age who speak a language other than English at home in the State and the number of people over 5 years of age who speak a language other than English at home in all the States that receive an allocation under paragraph (1), as those numbers are determined by the Bureau of the Census.CommentsClose CommentsPermalink

SEC. 724. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $15,000,000 for each of the fiscal years 2008 through 2012 to carry out this subtitle.CommentsClose CommentsPermalink

Subtitle D--Border Infrastructure and Technology Modernization

SEC. 731. SHORT TITLE.

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

SEC. 732. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) COMMISSIONER- The term `Commissioner' means the Commissioner of United States Customs and Border Protection of the Department.CommentsClose CommentsPermalink





(2) MAQUILADORA- The term `maquiladora' means an entity located in Mexico that assembles and produces goods from imported parts for export to the United States.CommentsClose CommentsPermalink





(3) NORTHERN BORDER- The term `northern border' means the international border between the United States and Canada.CommentsClose CommentsPermalink





(4) SOUTHERN BORDER- The term `southern border' means the international border between the United States and Mexico.CommentsClose CommentsPermalink

SEC. 733. 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Content- Each updated study required in subsection (a) shall--CommentsClose CommentsPermalink





(1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented;CommentsClose CommentsPermalink





(2) include the projects identified in the National Land Border Security Plan required by section 734; andCommentsClose CommentsPermalink





(3) prioritize the projects described in paragraphs (1) and (2) based on the ability of a project to--CommentsClose CommentsPermalink





(A) fulfill immediate security requirements; andCommentsClose CommentsPermalink





(B) facilitate trade across the borders of the United States.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 734. 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.CommentsClose CommentsPermalink





(b) Vulnerability Assessment-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) to assist in conducting a vulnerability assessment at such port; andCommentsClose CommentsPermalink





(B) to provide other assistance with the preparation of the plan required in subsection (a).CommentsClose CommentsPermalink

SEC. 735. EXPANSION OF COMMERCE SECURITY PROGRAMS.

(a) Customs-Trade Partnership Against Terrorism-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the Business Anti-Smuggling Coalition;CommentsClose CommentsPermalink





(B) the Carrier Initiative Program;CommentsClose CommentsPermalink





(C) the Americas Counter Smuggling Initiative;CommentsClose CommentsPermalink





(D) the Container Security Initiative;CommentsClose CommentsPermalink





(E) the Free and Secure Trade Initiative; andCommentsClose CommentsPermalink





(F) other Industry Partnership Programs administered by the Commissioner.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Maquiladora Demonstration Program- Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security.CommentsClose CommentsPermalink

SEC. 736. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

(a) Establishment- The Secretary shall carry out a technology demonstration program to--CommentsClose CommentsPermalink





(1) test and evaluate new port of entry technologies;CommentsClose CommentsPermalink





(2) refine port of entry technologies and operational concepts; andCommentsClose CommentsPermalink





(3) train personnel under realistic conditions.CommentsClose CommentsPermalink





(b) Technology and Facilities-CommentsClose CommentsPermalink





(1) TECHNOLOGY TESTING- Under the technology demonstration program, the Secretary shall test technologies that enhance port of entry operations, including operations related to--CommentsClose CommentsPermalink





(A) inspections;CommentsClose CommentsPermalink





(B) communications;CommentsClose CommentsPermalink





(C) port tracking;CommentsClose CommentsPermalink





(D) identification of persons and cargo;CommentsClose CommentsPermalink





(E) sensory devices;CommentsClose CommentsPermalink





(F) personal detection;CommentsClose CommentsPermalink





(G) decision support; andCommentsClose CommentsPermalink





(H) the detection and identification of weapons of mass destruction.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) cross-training among agencies;CommentsClose CommentsPermalink





(B) advanced law enforcement training; andCommentsClose CommentsPermalink





(C) equipment orientation.CommentsClose CommentsPermalink





(c) Demonstration Sites-CommentsClose CommentsPermalink





(1) NUMBER- The Secretary shall carry out the demonstration program at not less than 3 sites and not more than 5 sites.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) have been established not more than 15 years before the date of the enactment of this Act;CommentsClose CommentsPermalink





(B) consist of not less than 65 acres, with the possibility of expansion to not less than 25 adjacent acres; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(e) Report-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 737. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- In addition to any funds otherwise available, there are authorized to be appropriated--CommentsClose CommentsPermalink





(1) such sums as may be necessary for the fiscal years 2008 through 2012 to carry out the provisions of section 733(a);CommentsClose CommentsPermalink





(2) to carry out section 733(d)--CommentsClose CommentsPermalink





(A) $100,000,000 for each of the fiscal years 2008 through 2012; andCommentsClose CommentsPermalink





(B) such sums as may be necessary in any succeeding fiscal year;CommentsClose CommentsPermalink





(3) to carry out section 735(a)--CommentsClose CommentsPermalink





(A) $30,000,000 for fiscal year 2008, of which $5,000,000 shall be made available to fund the demonstration project established in section 736(a)(2); andCommentsClose CommentsPermalink





(B) such sums as may be necessary for the fiscal years 2009 through 2012;CommentsClose CommentsPermalink





(4) to carry out section 735(b)--CommentsClose CommentsPermalink





(A) $5,000,000 for fiscal year 2008; andCommentsClose CommentsPermalink





(B) such sums as may be necessary for the fiscal years 2009 through 2012; andCommentsClose CommentsPermalink





(5) to carry out section 736, 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--CommentsClose CommentsPermalink





(A) $50,000,000 for fiscal year 2008; andCommentsClose CommentsPermalink





(B) such sums as may be necessary for each of the fiscal years 2009 through 2012.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Subtitle E--Family Humanitarian Relief

SEC. 741. SHORT TITLE.

This subtitle may be cited as the `September 11th Family Humanitarian Relief and Patriotism Act'.CommentsClose CommentsPermalink

SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF TERRORISM.

(a) Adjustment of Status-CommentsClose CommentsPermalink





(1) IN GENERAL- The status of any alien described in subsection (b) shall be adjusted by the Secretary to that of an alien lawfully admitted for permanent residence, if the alien--CommentsClose CommentsPermalink





(A) applies for such adjustment not later than 2 years after the date on which the Secretary promulgates final regulations to implement this section; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) RULES IN APPLYING CERTAIN PROVISIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- In the case of an alien described in subsection (b) who is applying for adjustment of status under this section--CommentsClose CommentsPermalink





(i) the provisions of section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; andCommentsClose CommentsPermalink





(ii) the Secretary 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)).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(3) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) EFFECT OF DECISION- If the Secretary 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.CommentsClose CommentsPermalink





(b) Aliens Eligible for Adjustment of Status- The benefits provided by subsection (a) shall apply to any alien who--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) was, on such date, the spouse, child, dependent son, or dependent daughter of an alien who--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) died as a direct result of a specified terrorist activity; andCommentsClose CommentsPermalink





(3) was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note).CommentsClose CommentsPermalink





(c) Stay of Removal; Work Authorization-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary 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).CommentsClose CommentsPermalink





(2) DURING CERTAIN PROCEEDINGS- Notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary 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.CommentsClose CommentsPermalink





(3) WORK AUTHORIZATION- The Secretary 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.CommentsClose CommentsPermalink





(d) Availability of Administrative Review- The Secretary shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to--CommentsClose CommentsPermalink





(1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); orCommentsClose CommentsPermalink





(2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a).CommentsClose CommentsPermalink

SEC. 743. 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 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.CommentsClose CommentsPermalink





(b) Aliens Eligible for Cancellation of Removal- The benefits provided by subsection (a) shall apply to any alien who--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note).CommentsClose CommentsPermalink





(c) Stay of Removal; Work Authorization-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary 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).CommentsClose CommentsPermalink





(2) WORK AUTHORIZATION- The Secretary 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.CommentsClose CommentsPermalink





(d) Motions To Reopen Removal Proceedings-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) FILING PERIOD- The Secretary 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.CommentsClose CommentsPermalink

SEC. 744. EXCEPTIONS.

Notwithstanding any other provision of this subtitle, an alien may not be provided relief under this subtitle if the alien is--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(2) a family member of an alien described in paragraph (1).CommentsClose CommentsPermalink

SEC. 745. EVIDENCE OF DEATH.

For purposes of this subtitle, the Secretary 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.CommentsClose CommentsPermalink

SEC. 746. DEFINITIONS.

(a) Application of Immigration and Nationality Act Provisions- Except as otherwise specifically provided in this subtitle, 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 subtitle.CommentsClose CommentsPermalink





(b) Specified Terrorist Activity Defined- In this subtitle, the term `specified terrorist activity' means any terrorist activity conducted against the Government or the people of the United States on September 11, 2001.CommentsClose CommentsPermalink

Subtitle F--Other Matters

SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES.

Section 329 (8 U.S.C. 1440) is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking `subsection (a)' and inserting `subsection (a) and (d)'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(d) Notwithstanding any other provision of law, except for provisions relating to revocation of citizenship under subsection (c), individuals who are not United States citizens shall not be denied the opportunity to apply for membership in the United States Armed Forces. Such individuals who become active duty members of the United States Armed Forces shall, consistent with this section and with the approval of their chain of command, be granted United States citizenship after performing at least 2 years of honorable and satisfactory service on active duty. Not later than 90 days after such requirements are met with respect to an individual, such individual shall be granted United States citizenship.CommentsClose CommentsPermalink





`(e) An alien described in subsection (d) shall be naturalized without regard to the requirements of this title III and any other requirements, processes, or procedures prescribed by the Secretary of Homeland Security, if the alien--CommentsClose CommentsPermalink





`(1) filed an application for naturalization in accordance with such procedures to carry out this section as may be established by regulation by the Secretary of Homeland Security or the Secretary of Defense;CommentsClose CommentsPermalink





`(2) demonstrates to the alien's military chain of command, proficiency in the English language, good moral character, and knowledge of the Federal Government and United States history, consistent with the requirements contained in this Act; andCommentsClose CommentsPermalink





`(3) takes the oath required under section 337 and participates in an oath administration ceremony in accordance with this Act.'.CommentsClose CommentsPermalink

SEC. 752. SURVEILLANCE TECHNOLOGIES PROGRAMS.

(a) Aerial Surveillance Program-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) ASSESSMENT AND CONSULTATION REQUIREMENTS- In developing the program under this subsection, the Secretary shall--CommentsClose CommentsPermalink





(A) consider current and proposed aerial surveillance technologies;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) ADDITIONAL REQUIREMENTS-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) the significance of previous experiences with such technologies in border security or critical infrastructure protection;CommentsClose CommentsPermalink





(ii) the cost and effectiveness of various technologies for border security, including varying levels of technical complexity; andCommentsClose CommentsPermalink





(iii) liability, safety, and privacy concerns relating to the utilization of such technologies for border security.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection.CommentsClose CommentsPermalink





(b) Integrated and Automated Surveillance Program-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) cameras utilized in the Program do not have to be manually operated;CommentsClose CommentsPermalink





(C) such camera views and positions are not fixed;CommentsClose CommentsPermalink





(D) surveillance video taken by such cameras can be viewed at multiple designated communications centers;CommentsClose CommentsPermalink





(E) a standard process is used to collect, catalog, and report intrusion and response data collected under the Program;CommentsClose CommentsPermalink





(F) future remote surveillance technology investments and upgrades for the Program can be integrated with existing systems;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) EVALUATION OF CONTRACTORS-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection.CommentsClose CommentsPermalink

SEC. 753. COMPREHENSIVE IMMIGRATION EFFICIENCY REVIEW.

(a) Review- The Secretary, in consultation with the Secretary of State, shall conduct a comprehensive review of the immigration procedures in existence as of the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Report- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report, in classified form, if necessary, that--CommentsClose CommentsPermalink





(1) identifies inefficient immigration procedures; andCommentsClose CommentsPermalink





(2) outlines a plan to improve the efficiency and responsiveness of the immigration process.CommentsClose CommentsPermalink

SEC. 754. NORTHERN BORDER PROSECUTION INITIATIVE.

(a) Initiative Required-CommentsClose CommentsPermalink





(1) IN GENERAL- From amounts made available to carry out this section, the Attorney General, acting through the Director of the Bureau of Justice Assistance of the Office of Justice Programs, shall establish and carry out a program, to be known as the Northern Border Prosecution Initiative, to provide funds to reimburse eligible northern border entities for costs incurred by those entities for handling case dispositions of criminal cases that are federally initiated but federally declined-referred.CommentsClose CommentsPermalink





(2) RELATION WITH SOUTHWESTERN BORDER PROSECUTION INITIATIVE- The program established in paragraph (1) shall--CommentsClose CommentsPermalink





(A) be modeled after the Southwestern Border Prosecution Initiative; andCommentsClose CommentsPermalink





(B) serve as a partner program to that initiative to reimburse local jurisdictions for processing Federal cases.CommentsClose CommentsPermalink





(b) Provision and Allocation of Funds- Funds provided under the program established in subsection (a) shall be--CommentsClose CommentsPermalink





(1) provided in the form of direct reimbursements; andCommentsClose CommentsPermalink





(2) allocated in a manner consistent with the manner under which funds are allocated under the Southwestern Border Prosecution Initiative.CommentsClose CommentsPermalink





(c) Use of Funds- Funds provided to an eligible northern border entity under this section may be used by the entity for any lawful purpose, including:CommentsClose CommentsPermalink





(1) Prosecution and related costs;CommentsClose CommentsPermalink





(2) Court costs;CommentsClose CommentsPermalink





(3) Costs of courtroom technology;CommentsClose CommentsPermalink





(4) Costs of constructing holding spaces;CommentsClose CommentsPermalink





(5) Costs of administrative staff;CommentsClose CommentsPermalink





(6) Costs of defense counsel for indigent defendants; andCommentsClose CommentsPermalink





(7) Detention costs, including pre-trial and post-trial detention.CommentsClose CommentsPermalink





(d) Definitions- In this section:CommentsClose CommentsPermalink





(1) CASE DISPOSITION- The term `case disposition'--CommentsClose CommentsPermalink





(A) for purposes of the Northern Border Prosecution Initiative, refers to the time between the arrest of a suspect and the resolution of the criminal charges through a county or State judicial or prosecutorial process; andCommentsClose CommentsPermalink





(B) does not include incarceration time for sentenced offenders, or time spent by prosecutors on judicial appeals.CommentsClose CommentsPermalink





(2) ELIGIBLE NORTHERN BORDER ENTITY- The term `eligible northern border entity' means--CommentsClose CommentsPermalink





(A) the States of Alaska, Idaho, Maine, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; orCommentsClose CommentsPermalink





(B) any unit of local government within a State referred to in subparagraph (A).CommentsClose CommentsPermalink





(3) FEDERALLY DECLINED-REFERRED- The term `federally declined-referred'--CommentsClose CommentsPermalink





(A) means, with respect to a criminal case, that a decision has been made in that case by a United States Attorney or a Federal law enforcement agency during a Federal investigation to no longer pursue Federal criminal charges against a defendant and to refer such investigation to a State or local jurisdiction for possible prosecution; andCommentsClose CommentsPermalink





(B) includes a decision made on an individualized case-by-case basis as well as a decision made pursuant to a general policy or practice or pursuant to prosecutorial discretion.CommentsClose CommentsPermalink





(4) FEDERALLY INITIATED- The term `federally initiated' means, with respect to a criminal case, that the case results from a criminal investigation or an arrest involving Federal law enforcement authorities for a potential violation of Federal criminal law, including investigations resulting from multi-jurisdictional task forces.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $28,000,000 for fiscal year 2008 and such sums as may be necessary for each fiscal year thereafter.CommentsClose CommentsPermalink

SEC. 755. 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.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There is authorized to be appropriated $50,000,000 for each of the fiscal years 2008 through 2012 to carry out subsection (a).CommentsClose CommentsPermalink

SEC. 756. 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 2007'.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) IEACA GRANT- The term `IEACA grant' means an Initial Entry, Adjustment, and Citizenship Assistance Grant authorized under subsection (d).CommentsClose CommentsPermalink





(d) Establishment of Initial Entry, Adjustment, and Citizenship Assistance Grant Program-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) USE OF FUNDS- Grants awarded under this section may be used for the design and implementation of programs to provide the following services:CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) screening to assess prospective applicants' potential eligibility or lack of eligibility;CommentsClose CommentsPermalink





(ii) filling out applications;CommentsClose CommentsPermalink





(iii) gathering proof of identification, employment, residence, and tax payment;CommentsClose CommentsPermalink





(iv) gathering proof of relationships of eligible family members;CommentsClose CommentsPermalink





(v) applying for any waivers for which applicants and qualifying family members may be eligible; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) CITIZENSHIP- Assistance and instruction to applicants on--CommentsClose CommentsPermalink





(i) the rights and responsibilities of United States Citizenship;CommentsClose CommentsPermalink





(ii) English as a second language;CommentsClose CommentsPermalink





(iii) civics; orCommentsClose CommentsPermalink





(iv) applying for United States citizenship.CommentsClose CommentsPermalink





(3) DURATION AND RENEWAL-CommentsClose CommentsPermalink





(A) DURATION- Each grant awarded under this section shall be awarded for a period of not more than 3 years.CommentsClose CommentsPermalink





(B) RENEWAL- The Secretary may renew any grant awarded under this section in 1-year increments.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations; orCommentsClose CommentsPermalink





(B) otherwise directed by an attorney.CommentsClose CommentsPermalink





(6) SELECTION OF GRANTEES- Grants awarded under this section shall be awarded on a competitive basis.CommentsClose CommentsPermalink





(7) GEOGRAPHIC DISTRIBUTION OF GRANTS- The Secretary shall approve applications under this section in a manner that ensures, to greatest extent practicable, that--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Liaison Between USCIS and Grantees- The Secretary shall establish a liaison between United States 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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the status of the implementation of this section;CommentsClose CommentsPermalink





(2) the grants issued pursuant to this section; andCommentsClose CommentsPermalink





(3) the results of those grants.CommentsClose CommentsPermalink





(g) Source of Grant Funds-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS-CommentsClose CommentsPermalink





(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 2008 through 2012 to carry out this section.CommentsClose CommentsPermalink





(B) AVAILABILITY- Any amounts appropriated pursuant to subparagraph (A) shall remain available until expended.CommentsClose CommentsPermalink





(h) Distribution of Fees and Fines-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 757. SCREENING OF MUNICIPAL SOLID WASTE.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) CBP- The term `CBP' means United States Customs and Border Protection.CommentsClose CommentsPermalink





(2) COMMERCIAL MOTOR VEHICLE- The term `commercial motor vehicle' has the meaning given the term in section 31101 of title 49, United States Code.CommentsClose CommentsPermalink





(3) COMMISSIONER- The term `Commissioner' means the Commissioner of the CBP.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) indicates whether the methodologies and technologies used by the CBP 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 CBP to screen for those materials in other items of commerce entering the United States through commercial motor vehicle transport; andCommentsClose CommentsPermalink





(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 CBP 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.CommentsClose CommentsPermalink





(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 CBP 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 CBP to screen for those materials in other items of commerce entering into the United States through commercial motor vehicle transport.CommentsClose CommentsPermalink

SEC. 758. ACCESS TO IMMIGRATION SERVICES IN AREAS THAT ARE NOT ACCESSIBLE BY ROAD.

Notwithstanding any other provision of law, the Secretary shall permit an employee of Customs and Border Protection or Immigration and Customs Enforcement who carries out the functions of Customs and Border Protection or Immigration and Customs Enforcement in a geographic area that is not accessible by road to carry out any function that was performed by an employee of the Immigration and Naturalization Service in such area prior to the date of the enactment of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).CommentsClose CommentsPermalink

SEC. 759. BORDER SECURITY ON CERTAIN FEDERAL LAND.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) PROTECTED LAND- The term `protected land' means land under the jurisdiction of the Secretary concerned.CommentsClose CommentsPermalink





(2) SECRETARY CONCERNED- The term `Secretary concerned' means--CommentsClose CommentsPermalink





(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; andCommentsClose CommentsPermalink





(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.CommentsClose CommentsPermalink





(b) Support for Border Security Needs-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) increased Customs and Border Protection personnel to secure protected land along the international land borders of the United States;CommentsClose CommentsPermalink





(B) Federal land resource training for Customs and Border Protection agents dedicated to protected land; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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 United States Fish and Wildlife 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Recommendations- The Secretary shall--CommentsClose CommentsPermalink





(1) develop joint recommendations with the National Park Service, the United States Fish and Wildlife Service, and the Forest Service for an appropriate cost recovery mechanism relating to items identified in subsection (c); andCommentsClose CommentsPermalink





(2) not later than March 31, 2008, 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).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) units of the National Park System;CommentsClose CommentsPermalink





(2) National Forest System land;CommentsClose CommentsPermalink





(3) land under the jurisdiction of the United States Fish and Wildlife Service; andCommentsClose CommentsPermalink





(4) other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture.CommentsClose CommentsPermalink

SEC. 760. UNMANNED AERIAL VEHICLES.

(a) Unmanned Aerial Vehicles and Associated Infrastructure- The Secretary shall acquire and maintain MQ-9 unmanned aerial vehicles for use on the border, including related equipment such as--CommentsClose CommentsPermalink





(1) additional sensors;CommentsClose CommentsPermalink





(2) critical spares;CommentsClose CommentsPermalink





(3) satellite command and control; andCommentsClose CommentsPermalink





(4) other necessary equipment for operational support.CommentsClose CommentsPermalink





(b) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- There are authorized to be appropriated to the Secretary to carry out subsection (a)--CommentsClose CommentsPermalink





(A) $178,400,000 for fiscal year 2008; andCommentsClose CommentsPermalink





(B) $276,000,000 for fiscal year 2009.CommentsClose CommentsPermalink





(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink

SEC. 761. RELIEF FOR WIDOWS AND ORPHANS.

(a) In General-CommentsClose CommentsPermalink





(1) IN GENERAL- In applying clause (iii) of section 201(b)(2)(A) of the Immigration and Nationality Act, as added by section 504(a), to an alien whose citizen relative died before the date of the enactment of this Act, the alien relative may (notwithstanding the deadlines specified in such clause) file the classification petition under section 204(a)(1)(A)(ii) of such Act not later than 2 years after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) ELIGIBILITY FOR PAROLE- If an alien was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act based solely upon the alien's lack of classification as an immediate relative (as defined by 201(b)(2)(A)(ii) of the Immigration and Nationality Act) due to the citizen's death--CommentsClose CommentsPermalink





(A) such alien shall be eligible for parole into the United States pursuant to the Attorney General's discretionary authority under section 212(d)(5) of such Act; andCommentsClose CommentsPermalink





(B) such alien's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act.CommentsClose CommentsPermalink





(b) Adjustment of Status- Section 245 (8 U.S.C. 1255), as amended by section 408(h) of this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink





`(o) Application for Adjustment of Status by Surviving Spouses, Parents, and Children-CommentsClose CommentsPermalink





`(1) IN GENERAL- Any alien described in paragraph (2) who applies for adjustment of status before the death of the qualifying relative, may have such application adjudicated as if such death had not occurred.CommentsClose CommentsPermalink





`(2) ALIEN DESCRIBED- An alien is described in this paragraph is an alien who--CommentsClose CommentsPermalink





`(A) is an immediate relative (as described in section 201(b)(2)(A));CommentsClose CommentsPermalink





`(B) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);CommentsClose CommentsPermalink





`(C) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); orCommentsClose CommentsPermalink





`(D) is a derivative beneficiary of a diversity immigrant (as described in section 203(c)).'.CommentsClose CommentsPermalink





(c) Transition Period-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding a denial of an application for adjustment of status for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee, if such motion is filed not later than 2 years after such date of enactment.CommentsClose CommentsPermalink





(2) ELIGIBILITY FOR PAROLE- If an alien was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act--CommentsClose CommentsPermalink





(A) such alien shall be eligible for parole into the United States pursuant to the Attorney General's discretionary authority under section 212(d)(5) of the Immigration and Nationality Act; andCommentsClose CommentsPermalink





(B) such alien's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act.CommentsClose CommentsPermalink





(d) Processing of Immigrant Visas- Section 204(b) (8 U.S.C. 1154), as amended by section 204(b) of this Act, is further amended--CommentsClose CommentsPermalink





(1) by striking `After an investigation' and inserting the following:CommentsClose CommentsPermalink





`(1) IN GENERAL- After an investigation'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(2) DEATH OF QUALIFYING RELATIVE-CommentsClose CommentsPermalink





`(A) IN GENERAL- Any alien described in paragraph (2) whose qualifying relative died before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. An immigrant visa issued before the death of the qualifying relative shall remain valid after such death.CommentsClose CommentsPermalink





`(B) ALIEN DESCRIBED- An alien is described in this paragraph is an alien who--CommentsClose CommentsPermalink





`(i) is an immediate relative (as described in section 201(b)(2)(A));CommentsClose CommentsPermalink





`(ii) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);CommentsClose CommentsPermalink





`(iii) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); orCommentsClose CommentsPermalink





`(iv) is a derivative beneficiary of a diversity immigrant (as described in section 203(c)).'.CommentsClose CommentsPermalink





(e) Naturalization- Section 319(a) (8 U.S.C. 1429(a)) is amended by inserting `(or, if the spouse is deceased, the spouse was a citizen of the United States)' after `citizen of the United States'.CommentsClose CommentsPermalink

SEC. 762. TERRORIST ACTIVITIES.

Section 212(a)(3)(B)(i) (8 U.S.C. 1182(a)(3)(B)(i)) is amended--CommentsClose CommentsPermalink





(1) in subclause (III), by striking `, under circumstances indicating an intention to cause death or serious bodily harm, incited' and inserting `incited or advocated'; andCommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink

SEC. 763. FAMILY UNITY.

Section 212(a)(9) (8 U.S.C. 1182(a)(9)), as amended by section 212(a) of this Act, is further amended--CommentsClose CommentsPermalink





(1) in subparagraph (C)(ii), by striking `between--' and all that follows and inserting the following: `between--CommentsClose CommentsPermalink





`(I) the alien having been battered or subjected to extreme cruelty; andCommentsClose CommentsPermalink





`(II) the alien's removal, departure from the United States, reentry or reentries into the United States, or attempted reentry into the United States.'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(D) WAIVER-CommentsClose CommentsPermalink





`(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 2007.CommentsClose CommentsPermalink





`(ii) FINE- An alien who is granted a waiver under clause (i) shall pay a $2,000 fine.'.CommentsClose CommentsPermalink

SEC. 764. TRAVEL DOCUMENT PLAN.

Section 7209 (b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is amended by striking `January 1, 2008' and inserting `June 1, 2009'.CommentsClose CommentsPermalink

SEC. 765. ENGLISH AS NATIONAL LANGUAGE.

(a) In General- Title 4, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

`CHAPTER 6--LANGUAGE OF THE GOVERNMENT OF THE UNITED STATES

`Sec.CommentsClose CommentsPermalink





`161. Declaration of national language.CommentsClose CommentsPermalink





`162. Preserving and enhancing the role of the national language.CommentsClose CommentsPermalink

`Sec. 161. Declaration of national language

`English is the national language of the United States.CommentsClose CommentsPermalink

`Sec. 162. Preserving and enhancing the role of the national language

`The Government of the United States shall preserve and enhance the role of English as the national language of the United States of America. Unless otherwise authorized or provided by 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.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of chapters for title 4, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

161'.CommentsClose CommentsPermalink

SEC. 766. REQUIREMENTS FOR NATURALIZATION.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) Section 312 of the Immigration and Nationality Act (8 U.S.C. 1423) requies lawful permanent residents of the United States who have immigrated from foreign countries, among other requirements, to demonstrate an understanding of the English language, United States history and Government, before becoming citizens of the United States.CommentsClose CommentsPermalink





(2) The Department has conducted a review of the testing process used to ensure prospective United States citizens demonstrate said knowledge of the English language and United States history and Government for the purpose of redesigning said test.CommentsClose CommentsPermalink





(b) Definitions- In this section:CommentsClose CommentsPermalink





(1) KEY DOCUMENTS- The term `key documents' means the documents that established or explained the foundational principles of democracy in the United States, including the Constitution of the United States, the Declaration of Independence, the Federalist Papers, and the Emancipation Proclamation.CommentsClose CommentsPermalink





(2) KEY EVENTS- The term `key events' means the critical turning points in the history of the United States (including the American Revolution, the Civil War, the world wars of the twentieth century, the civil rights movement, and the major court decisions and legislation) that contributed to extending the promise of democracy in American life.CommentsClose CommentsPermalink





(3) KEY IDEAS- The term `key ideas' means the ideas that shaped the democratic institutions and heritage of the United States, including the notion of equal justice under the law, freedom, individualism, human rights, and a belief in progress.CommentsClose CommentsPermalink





(4) KEY PERSONS- The term `key persons' means the men and women who led the United States as founding fathers, elected officials, scientists, inventors, pioneers, advocates of equal rights, entrepreneurs, and artists.CommentsClose CommentsPermalink





(c) Goals for Citizenship Test Redesign- The Secretary shall establish, as goals of the testing process designed to comply with section 312 of the Immigration and Nationality Act, that prospective citizens--CommentsClose CommentsPermalink





(1) demonstrate a sufficient understanding of the English language for usage in everyday life;CommentsClose CommentsPermalink





(2) demonstrate an understanding of American common values and traditions, including the principles of the Constitution of the United States, the Pledge of Allegiance, respect for the flag of the United States, the National Anthem, and voting in public elections;CommentsClose CommentsPermalink





(3) demonstrate an understanding of the history of the United States, including the key events, key persons, key ideas, and key documents that shaped the institutions and democratic heritage of the United States;CommentsClose CommentsPermalink





(4) demonstrate an attachment to the principles of the Constitution of the United States and the well being and happiness of the people of the United States; andCommentsClose CommentsPermalink





(5) demonstrate an understanding of the rights and responsibilities of citizenship in the United States.CommentsClose CommentsPermalink





(d) Implementation- The Secretary shall implement changes to the testing process designed to ensure compliance with (8 U.S.C. 1423 (a)) not later than January 1, 2008.CommentsClose CommentsPermalink

SEC. 767. DECLARATION OF ENGLISH.

English is the common and unifying language of the United States that helps provide unity for the people of the United States.CommentsClose CommentsPermalink

SEC. 768. PRESERVING AND ENHANCING THE ROLE OF THE ENGLISH LANGUAGE.

(a) Requirement- The Government of the United States shall preserve and enhance the role of English as the common and unifying language of America.CommentsClose CommentsPermalink





(b) Relationship to Other Laws- Nothing in this section may be construed to diminish or expand any existing right under Federal law relative to services or materials provided by the Government of the United States in any language other than English.CommentsClose CommentsPermalink





(c) Law Defined- In this this section, the term `law' includes provisions of the United States Code and the United States Constitution, controlling judicial decisions, regulations, and controlling Presidential Executive Orders.CommentsClose CommentsPermalink

SEC. 769. EXCLUSION OF ILLEGAL ALIENS FROM CONGRESSIONAL APPORTIONMENT TABULATIONS.

In addition to any report required under this Act, the Director of the Bureau of the Census shall submit to Congress a report on the impact of illegal immigration on the apportionment of Representatives of Congress among the several States, and any methods and procedures that the Director determines to be feasible and appropriate, to ensure that individuals who are found by an authorized Federal agency to be unlawfully present in the United States are not counted in tabulating population for purposes of apportionment of Representatives in Congress among the several States.CommentsClose CommentsPermalink

SEC. 770. 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--CommentsClose CommentsPermalink





(1) by striking `the Bureau of' each place it appears and inserting `United States';CommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





`(1) establishing the Office of Internal Corruption Investigation, which shall--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(B) ensure that all complaints alleging any violation described in subparagraph (A) are handled and stored in a manner appropriate to their sensitivity;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(D) request such information or assistance from any Federal, State, or local government agency as may be necessary for carrying out the duties and responsibilities under this section;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(ii) through procedures other than subpoenas if obtaining documents or information from Federal agencies;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(G) investigate criminal allegations and noncriminal misconduct;CommentsClose CommentsPermalink





`(H) acquire adequate office space, equipment, and supplies as necessary to carry out the functions and responsibilities under this section; andCommentsClose CommentsPermalink





`(I) be under the direct supervision of the Director.';CommentsClose CommentsPermalink





(B) in paragraph (2), by striking `and' at the end;CommentsClose CommentsPermalink





(C) in paragraph (3), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





`(4) establishing the Office of Immigration Benefits Fraud Investigation, which shall--CommentsClose CommentsPermalink





`(A) conduct administrative investigations, including site visits, to address immigration benefit fraud;CommentsClose CommentsPermalink





`(B) assist United States Citizenship and Immigration Services provide the right benefit to the right person at the right time;CommentsClose CommentsPermalink





`(C) track, measure, assess, conduct pattern analysis, and report fraud-related data to the Director; andCommentsClose CommentsPermalink





`(D) work with counterparts in other Federal agencies on matters of mutual interest or information-sharing relating to immigration benefit fraud.'; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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).'.CommentsClose CommentsPermalink





(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)).'.CommentsClose CommentsPermalink

SEC. 771. ADJUSTMENT OF STATUS FOR CERTAIN PERSECUTED RELIGIOUS MINORITIES.

(a) In General- The Secretary shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--CommentsClose CommentsPermalink





(1) is a persecuted religious minority;CommentsClose CommentsPermalink





(2) is admissible to the United States as an immigrant, except as provided under subsection (b);CommentsClose CommentsPermalink





(3) had an application for asylum pending on May 1, 2003;CommentsClose CommentsPermalink





(4) applies for such adjustment of status;CommentsClose CommentsPermalink





(5) was physically present in the United States on the date the application for such adjustment is filed; andCommentsClose CommentsPermalink





(6) pays a fee, in an amount determined by the Secretary, for the processing of such application.CommentsClose CommentsPermalink





(b) Waiver of Certain Grounds for Inadmissibility-CommentsClose CommentsPermalink





(1) INAPPLICABLE PROVISION- Section 212(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)) shall not apply to any adjustment of status under this section.CommentsClose CommentsPermalink





(2) WAIVER- The Secretary may waive any other provision of section 212(a) of such Act (except for paragraphs (2) and (3)) if extraordinary and compelling circumstances warrant such an adjustment for humanitarian purposes, to ensure family unity, or if it is otherwise in the public interest.CommentsClose CommentsPermalink

SEC. 772. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS FOR CERTAIN LEGAL ASSISTANCE.

Section 305 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101 note; Public Law 99-603) is amended--CommentsClose CommentsPermalink





(1) by striking `section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a))' and inserting `item (a) or (b) of section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii))'; andCommentsClose CommentsPermalink





(2) by inserting `or forestry' after `agricultural'.CommentsClose CommentsPermalink

SEC. 773. DESIGNATION OF PROGRAM COUNTRIES.

Section 217(c)(1) (8 U.S.C. 1187(c)(1)) is amended to read as follows:CommentsClose CommentsPermalink





`(1) IN GENERAL- As soon as any country fully meets the requirements under paragraph (2), the Secretary of Homeland Security, in consultation with the Secretary of State, shall designate such country as a program country.'.CommentsClose CommentsPermalink

SEC. 774. GLOBAL HEALTHCARE COOPERATION.

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

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

`(a) In General- Notwithstanding any other provision of this Act, the Secretary of Homeland Security shall allow an eligible alien and the spouse or child of such alien to reside in a candidate country during the period that the eligible alien is working as a physician or other healthcare worker in a candidate country. During such period the eligible alien and such spouse or child shall be considered--CommentsClose CommentsPermalink





`(1) to be physically present and residing in the United States for purposes of naturalization under section 316(a); andCommentsClose CommentsPermalink





`(2) to meet the continuous residency requirements under section 316(b).CommentsClose CommentsPermalink





`(b) Definitions- In this section:CommentsClose CommentsPermalink





`(1) CANDIDATE COUNTRY- The term `candidate country' means a country that the Secretary of State determines is--CommentsClose CommentsPermalink





`(A) eligible for assistance from the International Development Association, in which the per capita income of the country is equal to or less than the historical ceiling of the International Development Association for the applicable fiscal year, as defined by the International Bank for Reconstruction and Development;CommentsClose CommentsPermalink





`(B) classified as a lower middle income country in the then most recent edition of the World Development Report for Reconstruction and Development published by the International Bank for Reconstruction and Development and having an income greater than the historical ceiling for International Development Association eligibility for the applicable fiscal year; orCommentsClose CommentsPermalink





`(C) qualifies to be a candidate country due to special circumstances, including natural disasters or public health emergencies.CommentsClose CommentsPermalink





`(2) ELIGIBLE ALIEN- The term `eligible alien' means an alien who--CommentsClose CommentsPermalink





`(A) has been lawfully admitted to the United States for permanent residence; andCommentsClose CommentsPermalink





`(B) is a physician or other healthcare worker.CommentsClose CommentsPermalink





`(c) Consultation- The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this subsection.CommentsClose CommentsPermalink





`(d) Publication- The Secretary of State shall publish--CommentsClose CommentsPermalink





`(1) not later than 6 months after the date of the enactment of the Comprehensive Immigration Reform Act of 2007, and annually thereafter, a list of candidate countries; andCommentsClose CommentsPermalink





`(2) an immediate amendment to such list at any time to include any country that qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).'.CommentsClose CommentsPermalink





(b) Rulemaking-CommentsClose CommentsPermalink





(1) REQUIREMENT- Not later than 6 months after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out the amendments made by this section.CommentsClose CommentsPermalink





(2) CONTENT- The regulations required by paragraph (1) shall--CommentsClose CommentsPermalink





(A) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by subsection (a)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker;CommentsClose CommentsPermalink





(B) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; andCommentsClose CommentsPermalink





(C) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A.CommentsClose CommentsPermalink





(c) Technical and Conforming Amendments- The Immigration and Nationality Act is amended as follows:CommentsClose CommentsPermalink





(1) Section 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end `except in the case of an eligible alien, or the spouse or child of such alien, authorized to be absent from the United States pursuant to section 317A,'.CommentsClose CommentsPermalink





(2) Section 211(b) (8 U.S.C. 1181(b)) is amended by inserting `, including an eligible alien authorized to reside in a foreign country pursuant to section 317A and the spouse or child of such eligible alien, if appropriate,' after `101(a)(27)(A),'.CommentsClose CommentsPermalink





(3) Section 212(a)(7)(A)(i)(I) (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting `other than an eligible alien authorized to reside in a foreign country pursuant to section 317A and the spouse or child of such eligible alien, if appropriate,' after `Act,'.CommentsClose CommentsPermalink





(4) Section 319(b)(1)(B) (8 U.S.C. 1430(b)(1)(B)) is amended by inserting `an eligible alien who is residing or has resided in a foreign country pursuant to section 317A' before `and' at the end.CommentsClose CommentsPermalink





(5) The table of contents is amended by inserting after the item relating to section 317 the following:CommentsClose CommentsPermalink





`Sec. 317A. Temporary absence of aliens providing healthcare in developing countries.'.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated to the Bureau of Citizenship and Immigration Services such sums as may be necessary to carry out this section and the amendments made by this section.CommentsClose CommentsPermalink

SEC. 775. ATTESTATION BY HEALTHCARE WORKERS.

(a) Requirement for Attestation- Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(E) HEALTHCARE WORKERS WITH OTHER OBLIGATIONS-CommentsClose CommentsPermalink





`(i) IN GENERAL- An alien who seeks to enter the United States for the purpose of performing labor as a physician or other healthcare worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien's country of origin or the alien's country of residence.CommentsClose CommentsPermalink





`(ii) OBLIGATION DEFINED- In this subparagraph, the term `obligation' means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other healthcare worker in consideration for a commitment to work as a physician or other healthcare worker in the alien's country of origin or the alien's country of residence.CommentsClose CommentsPermalink





`(iii) WAIVER- The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--CommentsClose CommentsPermalink





`(I) the obligation was incurred by coercion or other improper means;CommentsClose CommentsPermalink





`(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien's obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; orCommentsClose CommentsPermalink





`(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.'.CommentsClose CommentsPermalink





(b) Effective Date and Application-CommentsClose CommentsPermalink





(1) EFFECTIVE DATE- The amendment made by subsection (a) shall become effective 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) APPLICATION BY THE SECRETARY- The Secretary shall begin to carry out the subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as added by subsection (a), not later than the effective date described in paragraph (1), including the requirement for the attestation and the granting of a waiver described in such subparagraph, regardless of whether regulations to implement such subparagraph have been promulgated.CommentsClose CommentsPermalink

SEC. 776. PUBLIC ACCESS TO THE STATUE OF LIBERTY.

Not later than 60 days after the date of the enactment of this Act, the Secretary of the Interior shall ensure that all persons who satisfy reasonable and appropriate security measures shall have full access to the public areas of the Statue of Liberty, including the crown and the stairs leading to the crown.CommentsClose CommentsPermalink

SEC. 777. NATIONAL SECURITY DETERMINATION.

Notwithstanding any other provision of this Act, the President shall ensure that no provision of title IV or title VI of this Act, or any amendment made by either such title, is carried out until after the date on which the President makes a determination that the implementation of such title IV and title VI, and the amendments made by either such title, will strengthen the national security of the United States.CommentsClose CommentsPermalink

TITLE VIII--INTERCOUNTRY ADOPTION REFORM

SEC. 801. SHORT TITLE.

This title may be cited as the `Intercountry Adoption Reform Act of 2007' or the `ICARE Act'.CommentsClose CommentsPermalink

SEC. 802. FINDINGS; PURPOSES.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) That a child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love, and understanding.CommentsClose CommentsPermalink





(2) That intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her country of origin.CommentsClose CommentsPermalink





(3) There has been a significant growth in intercountry adoptions. In 1990, Americans adopted 7,093 children from abroad. In 2004, they adopted 23,460 children from abroad.CommentsClose CommentsPermalink





(4) Americans increasingly seek to create or enlarge their families through intercountry adoptions.CommentsClose CommentsPermalink





(5) There are many children worldwide that are without permanent homes.CommentsClose CommentsPermalink





(6) In the interest of children without a permanent family and the United States citizens who are waiting to bring them into their families, reforms are needed in the intercountry adoption process used by United States citizens.CommentsClose CommentsPermalink





(7) Before adoption, each child should have the benefit of measures taken to ensure that intercountry adoption is in his or her best interest and that prevents the abduction, selling, or trafficking of children.CommentsClose CommentsPermalink





(8) Congress recognizes that foreign-born adopted children do not make the decision whether to immigrate to the United States. They are being chosen by Americans to become part of their immediate families.CommentsClose CommentsPermalink





(9) As such these children should not be classified as immigrants in the traditional sense. Once fully and finally adopted, they should be treated as children of United States citizens.CommentsClose CommentsPermalink





(10) Since a child who is fully and finally adopted is entitled to the same rights, duties, and responsibilities as a biological child, the law should reflect such equality.CommentsClose CommentsPermalink





(11) Foreign-born adopted children of United States citizens should be accorded the same procedural treatment as biological children born abroad to a United States citizen.CommentsClose CommentsPermalink





(12) If a United States citizen can confer citizenship to a biological child born abroad, that citizen is entitled to confer such citizenship to their legally and fully adopted foreign-born child immediately upon final adoption.CommentsClose CommentsPermalink





(13) If a United States citizen cannot confer citizenship to a biological child born abroad, that citizen cannot confer citizenship to their legally and fully adopted foreign-born child, except through the naturalization process.CommentsClose CommentsPermalink





(b) Purposes- The purposes of this title are--CommentsClose CommentsPermalink





(1) to ensure the any adoption of a foreign-born child by parents in the United States is carried out in the manner that is in the best interest of the child;CommentsClose CommentsPermalink





(2) to ensure that foreign-born children adopted by United States citizens will be treated identically to a biological child born abroad to the same citizen parent; andCommentsClose CommentsPermalink





(3) to improve the intercountry adoption process to make it more citizen friendly and focused on the protection of the child.CommentsClose CommentsPermalink

SEC. 803. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) ADOPTABLE CHILD- The term `adoptable child' has the same meaning given such term in section 101(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(c)(3)), as added by section 824(a).CommentsClose CommentsPermalink





(2) AMBASSADOR AT LARGE- The term `Ambassador at Large' means the Ambassador at Large for Intercountry Adoptions appointed to head the Office pursuant to section 811(b).CommentsClose CommentsPermalink





(3) COMPETENT AUTHORITY- The term `competent authority' means the entity or entities authorized by the law of the child's country of residence to engage in permanent placement of children who are no longer in the legal or physical custody of their biological parents.CommentsClose CommentsPermalink





(4) CONVENTION- The term `Convention' means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993.CommentsClose CommentsPermalink





(5) FULL AND FINAL ADOPTION- The term `full and final adoption' means an adoption--CommentsClose CommentsPermalink





(A) that is completed according to the laws of the child's country of residence or the State law of the parent's residence;CommentsClose CommentsPermalink





(B) under which a person is granted full and legal custody of the adopted child;CommentsClose CommentsPermalink





(C) that has the force and effect of severing the child's legal ties to the child's biological parents;CommentsClose CommentsPermalink





(D) under which the adoptive parents meet the requirements of section 825; andCommentsClose CommentsPermalink





(E) under which the child has been adjudicated to be an adoptable child in accordance with section 826.CommentsClose CommentsPermalink





(6) OFFICE- The term `Office' means the Office of Intercountry Adoptions established under section 811(a).CommentsClose CommentsPermalink





(7) READILY APPROVABLE- A petition or certification is `readily approvable' if the documentary support provided along with such petition or certification demonstrates that the petitioner satisfies the eligibility requirements and no additional information or investigation is necessary.CommentsClose CommentsPermalink

Subtitle A--Administration of Intercountry Adoptions

SEC. 811. OFFICE OF INTERCOUNTRY ADOPTIONS.

(a) Establishment- Not later than 180 days after the date of enactment of this Act, there shall be established within the Department of State, an Office of Intercountry Adoptions which shall be headed by the Ambassador at Large for Intercountry Adoptions.CommentsClose CommentsPermalink





(b) Ambassador at Large-CommentsClose CommentsPermalink





(1) APPOINTMENT- The Ambassador at Large shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who have background, experience, and training in intercountry adoptions.CommentsClose CommentsPermalink





(2) CONFLICTS OF INTEREST- The individual appointed to be the Ambassador at Large shall be free from any conflict of interest that could impede such individual's ability to serve as the Ambassador.CommentsClose CommentsPermalink





(3) AUTHORITY- The Ambassador at Large shall report directly to the Secretary of State, in consultation with the Assistant Secretary for Consular Affairs.CommentsClose CommentsPermalink





(4) REGULATIONS- The Ambassador at Large may not issue rules or regulations unless such rules or regulations have been approved by the Secretary of State.CommentsClose CommentsPermalink





(5) DUTIES OF THE AMBASSADOR AT LARGE- The Ambassador at Large shall have the following responsibilities:CommentsClose CommentsPermalink





(A) IN GENERAL- The primary responsibilities of the Ambassador at Large shall be--CommentsClose CommentsPermalink





(i) to ensure that any adoption of a foreign-born child by parents in the United States is carried out in the manner that is in the best interest of the child; andCommentsClose CommentsPermalink





(ii) to assist the Secretary of State in fulfilling the responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 (42 U.S.C. 14911 et seq.).CommentsClose CommentsPermalink





(B) ADVISORY ROLE- The Ambassador at Large shall be a principal advisor to the President and the Secretary of State regarding matters affecting intercountry adoption and the general welfare of children abroad and shall make recommendations regarding--CommentsClose CommentsPermalink





(i) the policies of the United States with respect to the establishment of a system of cooperation among the parties to the Convention;CommentsClose CommentsPermalink





(ii) the policies to prevent abandonment, to strengthen families, and to advance the placement of children in permanent families; andCommentsClose CommentsPermalink





(iii) policies that promote the protection and well-being of children.CommentsClose CommentsPermalink





(C) DIPLOMATIC REPRESENTATION- Subject to the direction of the President and the Secretary of State, the Ambassador at Large may represent the United States in matters and cases relevant to international adoption in--CommentsClose CommentsPermalink





(i) fulfillment of the responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 (42 U.S.C. 14911 et seq.);CommentsClose CommentsPermalink





(ii) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations and other international organizations of which the United States is a member; andCommentsClose CommentsPermalink





(iii) multilateral conferences and meetings relevant to international adoption.CommentsClose CommentsPermalink





(D) INTERNATIONAL POLICY DEVELOPMENT- The Ambassador at Large shall advise and support the Secretary of State and other relevant Bureaus of the Department of State in the development of sound policy regarding child protection and intercountry adoption.CommentsClose CommentsPermalink





(E) REPORTING RESPONSIBILITIES- The Ambassador at Large shall have the following reporting responsibilities:CommentsClose CommentsPermalink





(i) IN GENERAL- The Ambassador at Large shall assist the Secretary of State and other relevant Bureaus in preparing those portions of the Human Rights Reports that relate to the abduction, sale, and trafficking of children.CommentsClose CommentsPermalink





(ii) ANNUAL REPORT ON INTERCOUNTRY ADOPTION- Not later than September 1 of each year, the Secretary of State shall prepare and submit to Congress an annual report on intercountry adoption. Each annual report shall include--CommentsClose CommentsPermalink





(I) a description of the status of child protection and adoption in each foreign country, including--CommentsClose CommentsPermalink

(aa) trends toward improvement in the welfare and protection of children and families;CommentsClose CommentsPermalink

(bb) trends in family reunification, domestic adoption, and intercountry adoption;CommentsClose CommentsPermalink

(cc) movement toward ratification and implementation of the Convention; andCommentsClose CommentsPermalink

(dd) census information on the number of children in orphanages, foster homes, and other types of nonpermanent residential care as reported by the foreign country;CommentsClose CommentsPermalink

(II) the number of intercountry adoptions by United States citizens, including the country from which each child emigrated, the State in which each child resides, and the country in which the adoption was finalized;CommentsClose CommentsPermalink





(III) the number of intercountry adoptions involving emigration from the United States, including the country where each child now resides and the State from which each child emigrated;CommentsClose CommentsPermalink





(IV) the number of placements for adoption in the United States that were disrupted, including the country from which the child emigrated, the age of the child, the date of the placement for adoption, the reasons for the disruption, the resolution of the disruption, the agencies that handled the placement for adoption, and the plans for the child, and in addition, any information regarding disruption or dissolution of adoptions of children from other countries received pursuant to section 422(b)(14) of the Social Security Act (42 U.S.C. 622(b)(14));CommentsClose CommentsPermalink





(V) the average time required for completion of an adoption, set forth by the country from which the child emigrated;CommentsClose CommentsPermalink





(VI) the current list of agencies accredited and persons approved under the Intercountry Adoption Act of 2000 (42 U.S.C. 14901 et seq.) to provide adoption services;CommentsClose CommentsPermalink





(VII) the names of the agencies and persons temporarily or permanently debarred under the Intercountry Adoption Act of 2000 (42 U.S.C. 14901 et seq.), and the reasons for the debarment;CommentsClose CommentsPermalink





(VIII) the range of adoption fees involving adoptions by United States citizens and the median of such fees set forth by the country of origin;CommentsClose CommentsPermalink





(IX) the range of fees charged for accreditation of agencies and the approval of persons in the United States engaged in providing adoption services under the Convention; andCommentsClose CommentsPermalink





(X) recommendations of ways the United States might act to improve the welfare and protection of children and families in each foreign country.CommentsClose CommentsPermalink





(c) Functions of Office- The Office shall have the following 7 functions:CommentsClose CommentsPermalink





(1) APPROVAL OF A FAMILY TO ADOPT- To approve or disapprove the eligibility of a United States citizen to adopt a child born in a foreign country.CommentsClose CommentsPermalink





(2) CHILD ADJUDICATION- To investigate and adjudicate the status of a child born in a foreign country to determine whether that child is an adoptable child.CommentsClose CommentsPermalink





(3) FAMILY SERVICES- To provide assistance to United States citizens engaged in the intercountry adoption process in resolving problems with respect to that process and to track intercountry adoption cases so as to ensure that all such adoptions are processed in a timely manner.CommentsClose CommentsPermalink





(4) INTERNATIONAL POLICY DEVELOPMENT- To advise and support the Ambassador at Large and other relevant Bureaus of the Department of State in the development of sound policy regarding child protection and intercountry adoption.CommentsClose CommentsPermalink





(5) CENTRAL AUTHORITY- To assist the Secretary of State in carrying out duties of the central authority as defined in section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14902).CommentsClose CommentsPermalink





(6) ENFORCEMENT- To investigate, either directly or in cooperation with other appropriate international, Federal, State, or local entities, improprieties relating to intercountry adoption, including issues of child protection, birth family protection, and consumer fraud.CommentsClose CommentsPermalink





(7) ADMINISTRATION- To perform administrative functions related to the functions performed under paragraphs (1) through (6), including legal functions and congressional liaison and public affairs functions.CommentsClose CommentsPermalink





(d) Organization-CommentsClose CommentsPermalink





(1) IN GENERAL- All functions of the Office shall be performed by officers employed in a central office located in Washington, DC. Within that office, there shall be 7 divisions corresponding to the 7 functions of the Office. The director of each such division shall report directly to the Ambassador at Large.CommentsClose CommentsPermalink





(2) APPROVAL TO ADOPT- The division responsible for approving parents to adopt shall be divided into regions of the United States as follows:CommentsClose CommentsPermalink





(A) Northwest.CommentsClose CommentsPermalink





(B) Northeast.CommentsClose CommentsPermalink





(C) Southwest.CommentsClose CommentsPermalink





(D) Southeast.CommentsClose CommentsPermalink





(E) Midwest.CommentsClose CommentsPermalink





(F) West.CommentsClose CommentsPermalink





(3) CHILD ADJUDICATION- To the extent practicable, the division responsible for the adjudication of foreign-born children as adoptable shall be divided by world regions which correspond to the world regions used by other divisions within the Department of State.CommentsClose CommentsPermalink





(4) USE OF INTERNATIONAL FIELD OFFICERS- Nothing in this section shall be construed to prohibit the use of international field officers posted abroad, as necessary, to fulfill the requirements of this Act.CommentsClose CommentsPermalink





(5) COORDINATION- The Ambassador at Large shall coordinate with appropriate employees of other agencies and departments of the United States, whenever appropriate, in carrying out the duties of the Ambassador.CommentsClose CommentsPermalink





(e) Qualifications and Training- In addition to meeting the employment requirements of the Department of State, officers employed in any of the 7 divisions of the Office shall undergo extensive and specialized training in the laws and processes of intercountry adoption as well as understanding the cultural, medical, emotional, and social issues surrounding intercountry adoption and adoptive families. The Ambassador at Large shall, whenever possible, recruit and hire individuals with background and experience in intercountry adoptions, taking care to ensure that such individuals do not have any conflicts of interest that might inhibit their ability to serve.CommentsClose CommentsPermalink





(f) Use of Electronic Databases and Filing- To the extent possible, the Office shall make use of centralized, electronic databases and electronic form filing.CommentsClose CommentsPermalink

SEC. 812. RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES.

Section 505(a)(1) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14901 note) is amended by inserting `301, 302,' after `205,'.CommentsClose CommentsPermalink

SEC. 813. TECHNICAL AND CONFORMING AMENDMENT.

Section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) is repealed.CommentsClose CommentsPermalink

SEC. 814. TRANSFER OF FUNCTIONS.

(a) In General- Subject to subsection (c), all functions under the immigration laws of the United States with respect to the adoption of foreign-born children by United States citizens and their admission to the United States that have been vested by statute in, or exercised by, the Secretary immediately prior to the effective date of this Act, are transferred to the Secretary of State on the effective date of this Act and shall be carried out by the Ambassador at Large, under the supervision of the Secretary of State, in accordance with applicable laws and this Act.CommentsClose CommentsPermalink





(b) Exercise of Authorities- Except as otherwise provided by law, the Ambassador at Large may, for purposes of performing any function transferred to the Ambassador at Large under subsection (a), exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function pursuant to this subtitle.CommentsClose CommentsPermalink





(c) Limitation on Transfer of Pending Adoptions- If an individual has filed a petition with the Immigration and Naturalization Service or the Department with respect to the adoption of a foreign-born child prior to the date of enactment of this Act, the Secretary shall have the authority to make the final determination on such petition and such petition shall not be transferred to the Office.CommentsClose CommentsPermalink

SEC. 815. TRANSFER OF RESOURCES.

Subject to section 1531 of title 31, United States Code, upon the effective date of this Act, there are transferred to the Ambassador at Large for appropriate allocation in accordance with this Act, the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to the Department in connection with the functions transferred pursuant to this subtitle.CommentsClose CommentsPermalink

SEC. 816. INCIDENTAL TRANSFERS.

The Ambassador at Large may make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out this subtitle. The Ambassador at Large shall provide for such further measures and dispositions as may be necessary to effectuate the purposes of this subtitle.CommentsClose CommentsPermalink

SEC. 817. SAVINGS PROVISIONS.

(a) Legal Documents- All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, including collective bargaining agreements, certificates, licenses, and privileges--CommentsClose CommentsPermalink





(1) that have been issued, made, granted, or allowed to become effective by the President, the Ambassador at Large, the former Commissioner of the Immigration and Naturalization Service, or the Secretary, or their delegates, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred pursuant to this subtitle; andCommentsClose CommentsPermalink





(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),CommentsClose CommentsPermalink





shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law, except that any collective bargaining agreement shall remain in effect until the date of termination specified in the agreement.CommentsClose CommentsPermalink





(b) Proceedings-CommentsClose CommentsPermalink





(1) PENDING- The transfer of functions under section 814 shall not affect any proceeding or any application for any benefit, service, license, permit, certificate, or financial assistance pending on the effective date of this subtitle before an office whose functions are transferred pursuant to this subtitle, but such proceedings and applications shall be continued.CommentsClose CommentsPermalink





(2) ORDERS- Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.CommentsClose CommentsPermalink





(3) DISCONTINUANCE OR MODIFICATION- Nothing in this section shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted.CommentsClose CommentsPermalink





(c) Suits- This subtitle shall not affect suits commenced before the effective date of this subtitle, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.CommentsClose CommentsPermalink





(d) Nonabatement of Actions- No suit, action, or other proceeding commenced by or against the Department of State, the Immigration and Naturalization Service, or the Department, or by or against any individual in the official capacity of such individual as an officer or employee in connection with a function transferred pursuant to this section, shall abate by reason of the enactment of this Act.CommentsClose CommentsPermalink





(e) Continuance of Suit With Substitution of Parties- If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and pursuant to this subtitle such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party.CommentsClose CommentsPermalink





(f) Administrative Procedure and Judicial Review- Except as otherwise provided by this subtitle, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred pursuant to any provision of this subtitle shall apply to the exercise of such function by the head of the office, and other officers of the office, to which such function is transferred pursuant to such provision.CommentsClose CommentsPermalink

Subtitle B--Reform of United States Laws Governing Intercountry Adoptions

SEC. 821. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR ADOPTED CHILDREN BORN OUTSIDE THE UNITED STATES.

(a) Automatic Citizenship Provisions-CommentsClose CommentsPermalink





(1) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT- Section 320 (8 U.S.C. 1431) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 320. CONDITIONS FOR AUTOMATIC CITIZENSHIP FOR CHILDREN BORN OUTSIDE THE UNITED STATES.

`(a) In General- A child born outside of the United States automatically becomes a citizen of the United States--CommentsClose CommentsPermalink





`(1) if the child is not an adopted child--CommentsClose CommentsPermalink





`(A) at least 1 parent of the child is a citizen of the United States, whether by birth or naturalization, who has been physically present (as determined under subsection (b)) in the United States or its outlying possessions for a period or periods totaling not less than 5 years, at least 2 of which were after attaining the age of 14 years; andCommentsClose CommentsPermalink





`(B) the child is under the age of 18 years; orCommentsClose CommentsPermalink





`(2) if the child is an adopted child, on the date of the full and final adoption of the child--CommentsClose CommentsPermalink





`(A) at least 1 parent of the child is a citizen of the United States, whether by birth or naturalization, who has been physically present (as determined under subsection (b)) in the United States or its outlying possessions for a period or periods totaling not less than 5 years, at least 2 of which were after attaining the age of 14 years;CommentsClose CommentsPermalink





`(B) the child is an adoptable child;CommentsClose CommentsPermalink





`(C) the child is the beneficiary of a full and final adoption decree entered by a foreign government or a court in the United States; andCommentsClose CommentsPermalink





`(D) the child is under the age of 16 years.CommentsClose CommentsPermalink





`(b) Physical Presence- For the purposes of subsection (a)(2)(A), the requirement for physical presence in the United States or its outlying possessions may be satisfied by the following:CommentsClose CommentsPermalink





`(1) Any periods of honorable service in the Armed Forces of the United States.CommentsClose CommentsPermalink





`(2) Any periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (22 U.S.C. 288) by such citizen parent.CommentsClose CommentsPermalink





`(3) Any periods during which such citizen parent is physically present outside the United States or its outlying possessions as the dependent unmarried son or daughter and a member of the household of a person--CommentsClose CommentsPermalink





`(A) honorably serving with the Armed Forces of the United States; orCommentsClose CommentsPermalink





`(B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act (22 U.S.C. 288).CommentsClose CommentsPermalink





`(c) Full and Final Adoption- In this section, the term `full and final adoption' means an adoption--CommentsClose CommentsPermalink





`(1) that is completed under the laws of the child's country of residence or the State law of the parent's residence;CommentsClose CommentsPermalink





`(2) under which a person is granted full and legal custody of the adopted child;CommentsClose CommentsPermalink





`(3) that has the force and effect of severing the child's legal ties to the child's biological parents;CommentsClose CommentsPermalink





`(4) under which the adoptive parents meet the requirements of section 825 of the Intercountry Adoption Reform Act of 2007; andCommentsClose CommentsPermalink





`(5) under which the child has been adjudicated to be an adoptable child in accordance with section 826 of the Intercountry Adoption Reform Act of 2007.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents in the first section of the Immigration and Nationality Act (66 Stat. 163) is amended by striking the item relating to section 320 and inserting the following:CommentsClose CommentsPermalink





`Sec. 320. Conditions for automatic citizenship for children born outside the United States.'.CommentsClose CommentsPermalink





(c) Effective Date- This section shall take effect as if enacted on June 27, 1952.CommentsClose CommentsPermalink

SEC. 822. REVISED PROCEDURES.

Notwithstanding any other provision of law, the following requirements shall apply with respect to the adoption of foreign born children by United States citizens:CommentsClose CommentsPermalink





(1) Upon completion of a full and final adoption, the Secretary shall issue a United States passport and a Consular Report of Birth for a child who satisfies the requirements of section 320(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1431(a)(2)), as amended by section 821 of this Act, upon application by a United States citizen parent.CommentsClose CommentsPermalink





(2) An adopted child described in paragraph (1) shall not require the issuance of a visa for travel and admission to the United States but shall be admitted to the United States upon presentation of a valid, unexpired United States passport.CommentsClose CommentsPermalink





(3) No affidavit of support under section 213A of the Immigration and Nationality Act (8 U.S.C. 1183a) shall be required in the case of any adoptable child.CommentsClose CommentsPermalink





(4) The Secretary of State, acting through the Ambassador at Large, shall require that agencies provide prospective adoptive parents an opportunity to conduct an independent medical exam and a copy of any medical records of the child known to exist (to the greatest extent practicable, these documents shall include an English translation) on a date that is not later than the earlier of the date that is 2 weeks before the adoption, or the date on which prospective adoptive parents travel to such a foreign country to complete all procedures in such country relating to adoption.CommentsClose CommentsPermalink





(5) The Secretary of State, acting through the Ambassador at Large, shall take necessary measures to ensure that all prospective adoptive parents adopting internationally are provided with training that includes counseling and guidance for the purpose of promoting a successful intercountry adoption before such parents travel to adopt the child or the child is placed with such parents for adoption.CommentsClose CommentsPermalink





(6) The Secretary of State, acting through the Ambassador at Large, shall take necessary measures to ensure that--CommentsClose CommentsPermalink





(A) prospective adoptive parents are given full disclosure of all direct and indirect costs of intercountry adoption before the parents are matched with a child for adoption;CommentsClose CommentsPermalink





(B) fees charged in relation to the intercountry adoption be on a fee-for-service basis not on a contingent fee basis; andCommentsClose CommentsPermalink





(C) that the transmission of fees between the adoption agency, the country of origin, and the prospective adoptive parents is carried out in a transparent and efficient manner.CommentsClose CommentsPermalink





(7) The Secretary of State, acting through the Ambassador at Large, shall take all measures necessary to ensure that all documents provided to a country of origin on behalf of a prospective adoptive parent are truthful and accurate.CommentsClose CommentsPermalink

SEC. 823. NONIMMIGRANT VISAS FOR CHILDREN TRAVELING TO THE UNITED STATES TO BE ADOPTED BY A UNITED STATES CITIZEN.

(a) Nonimmigrant Classification-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(W) an adoptable child who is coming into the United States for adoption by a United States citizen and a spouse jointly or by an unmarried United States citizen at least 25 years of age, who has been approved to adopt by the Office of International Adoption of the Department of State.'.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENTS- Such section 101(a)(15) is further amended--CommentsClose CommentsPermalink





(A) by striking `or' at the end of subparagraph (U); andCommentsClose CommentsPermalink





(B) by striking the period at the end of subparagraph (V) and inserting `; or'.CommentsClose CommentsPermalink





(b) Termination of Period of Authorized Admission- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(s) In the case of a nonimmigrant described in section 101(a)(15)(W), the period of authorized admission shall terminate on the earlier of--CommentsClose CommentsPermalink





`(1) the date on which the adoption of the nonimmigrant is completed by the courts of the State where the parents reside; orCommentsClose CommentsPermalink





`(2) the date that is 4 years after the date of admission of the nonimmigrant into the United States, unless a petitioner is able to show cause as to why the adoption could not be completed prior to such date and the Secretary of State extends such period for the period necessary to complete the adoption.'.CommentsClose CommentsPermalink





(c) Temporary Treatment as Legal Permanent Resident- Notwithstanding any other law, all benefits and protections that apply to a legal permanent resident shall apply to a nonimmigrant described in section 101(a)(15)(W) of the Immigration and Nationality Act, as added by subsection (a), pending a full and final adoption.CommentsClose CommentsPermalink





(d) Exception From Immunization Requirement for Certain Adopted Children- Section 212(a)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(C)) is amended--CommentsClose CommentsPermalink





(1) in the heading by striking `10 years' and inserting `18 years'; andCommentsClose CommentsPermalink





(2) in clause (i), by striking `10 years' and inserting `18 years'.CommentsClose CommentsPermalink





(e) Regulations- Not later than 90 days after the date of enactment of this Act, the Secretary of State shall prescribe such regulations as may be necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 824. DEFINITION OF ADOPTABLE CHILD.

(a) In General- Section 101(c) (8 U.S.C. 1101(c)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(3) The term `adoptable child' means an unmarried person under the age of 18--CommentsClose CommentsPermalink





`(A)(i) whose biological parents (or parent, in the case of a child who has one sole or surviving parent) or other persons or institutions that retain legal custody of the child--CommentsClose CommentsPermalink





`(I) have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption and that such consent has not been induced by payment or compensation of any kind and has not been given prior to the birth of the child;CommentsClose CommentsPermalink





`(II) are unable to provide proper care for the child, as determined by the competent authority of the child's residence; orCommentsClose CommentsPermalink





`(III) have voluntarily relinquished the child to the competent authorities pursuant to the law of the child's residence; orCommentsClose CommentsPermalink





`(ii) who, as determined by the competent authority of the child's residence--CommentsClose CommentsPermalink





`(I) has been abandoned or deserted by their biological parent, parents, or legal guardians; orCommentsClose CommentsPermalink





`(II) has been orphaned due to the death or disappearance of their biological parent, parents, or legal guardians;CommentsClose CommentsPermalink





`(B) with respect to whom the Secretary of State is satisfied that the proper care will be furnished the child if admitted to the United States;CommentsClose CommentsPermalink





`(C) with respect to whom the Secretary of State is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship and that the parent-child relationship of the child and the biological parents has been terminated (and in carrying out both obligations under this subparagraph the Secretary of State, in consultation with the Secretary of Homeland Security, may consider whether there is a petition pending to confer immigrant status on one or both of the biological parents);CommentsClose CommentsPermalink





`(D) with respect to whom the Secretary of State, is satisfied that there has been no inducement, financial or otherwise, offered to obtain the consent nor was it given before the birth of the child;CommentsClose CommentsPermalink





`(E) with respect to whom the Secretary of State, in consultation with the Secretary of Homeland Security, is satisfied that the person is not a security risk; andCommentsClose CommentsPermalink





`(F) whose eligibility for adoption and emigration to the United States has been certified by the competent authority of the country of the child's place of birth or residence.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 204(d) (8 U.S.C. 1154(d)) is amended by inserting `and an adoptable child as defined in section 101(c)(3)' before `unless a valid home-study'.CommentsClose CommentsPermalink

SEC. 825. APPROVAL TO ADOPT.

(a) In General- Prior to the issuance of a visa under section 101(a)(15)(W) of the Immigration and Nationality Act, as added by section 823(a), or the issuance of a full and final adoption decree, the United States citizen adoptive parent shall have approved by the Office a petition to adopt. Such petition shall be subject to the same terms and conditions as are applicable to petitions for classification under section 204.3 of title 8 of the Code of Federal Regulations, as in effect on the day before the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Expiration of Approval- Approval to adopt under this Act is valid for 24 months from the date of approval. Nothing in this section may prevent the Secretary from periodically updating the fingerprints of an individual who has filed a petition for adoption.CommentsClose CommentsPermalink





(c) Expedited Reapproval Process of Families Previously Approved To Adopt- The Secretary of State shall prescribe such regulations as may be necessary to provide for an expedited and streamlined process for families who have been previously approved to adopt and whose approval has expired, so long as not more than 4 years have lapsed since the original application.CommentsClose CommentsPermalink





(d) Denial of Petition-CommentsClose CommentsPermalink





(1) NOTICE OF INTENT- If the officer adjudicating the petition to adopt finds that it is not readily approvable, the officer shall notify the petitioner, in writing, of the officer's intent to deny the petition. Such notice shall include the specific reasons why the petition is not readily approvable.CommentsClose CommentsPermalink





(2) Petitioner's RIGHT TO RESPOND- Upon receiving a notice of intent to deny, the petitioner has 30 days to respond to such notice.CommentsClose CommentsPermalink





(3) DECISION- Within 30 days of receipt of the petitioner's response the Office must reach a final decision regarding the eligibility of the petitioner to adopt. Notice of a formal decision must be delivered in writing.CommentsClose CommentsPermalink





(4) RIGHT TO AN APPEAL- Unfavorable decisions may be appealed to the Department of State and, after the exhaustion of the appropriate appeals process of the Department, to a United States district court.CommentsClose CommentsPermalink





(5) REGULATIONS REGARDING APPEALS- Not later than 6 months after the date of enactment of this Act, the Secretary of State shall promulgate formal regulations regarding the process for appealing the denial of a petition.CommentsClose CommentsPermalink

SEC. 826. ADJUDICATION OF CHILD STATUS.

(a) In General- Prior to the issuance of a full and final adoption decree or a visa under section 101(a)(15)(W) of the Immigration and Nationality Act, as added by section 823(a)--CommentsClose CommentsPermalink





(1) the Ambassador at Large shall obtain from the competent authority of the country of the child's residence a certification, together with documentary support, that the child sought to be adopted meets the definition of an adoptable child; andCommentsClose CommentsPermalink





(2) not later than 15 days after the date of the receipt of the certification referred to in paragraph (1), the Secretary of State shall make a final determination on whether the certification and the documentary support are sufficient to meet the requirements of this section or whether additional investigation or information is required.CommentsClose CommentsPermalink





(b) Process for Determination-CommentsClose CommentsPermalink





(1) IN GENERAL- The Ambassador at Large shall work with the competent authorities of the child's country of residence to establish a uniform, transparent, and efficient process for the exchange and approval of the certification and documentary support required under subsection (a).CommentsClose CommentsPermalink





(2) NOTICE OF INTENT- If the Secretary of State determines that a certification submitted by the competent authority of the child's country of origin is not readily approvable, the Ambassador at Large shall--CommentsClose CommentsPermalink





(A) notify the competent authority and the prospective adoptive parents, in writing, of the specific reasons why the certification is not sufficient; andCommentsClose CommentsPermalink





(B) provide the competent authority and the prospective adoptive parents the opportunity to address the stated insufficiencies.CommentsClose CommentsPermalink





(3) PETITIONERS RIGHT TO RESPOND- Upon receiving a notice of intent to find that a certification is not readily approvable, the prospective adoptive parents shall have 30 days to respond to such notice.CommentsClose CommentsPermalink





(4) DECISION- Not later than 30 days after the date of receipt of a response submitted under paragraph (3), the Secretary of State shall reach a final decision regarding the child's eligibility as an adoptable child. Notice of such decision must be in writing.CommentsClose CommentsPermalink





(5) RIGHT TO AN APPEAL- Unfavorable decisions on a certification may be appealed through the appropriate process of the Department of State and, after the exhaustion of such process, to a United States district court.CommentsClose CommentsPermalink

SEC. 827. FUNDS.

The Secretary of State shall provide the Ambassador at Large with such funds as may be necessary for--CommentsClose CommentsPermalink





(1) the hiring of staff for the Office;CommentsClose CommentsPermalink





(2) investigations conducted by such staff; andCommentsClose CommentsPermalink





(3) travel and other expenses necessary to carry out this title.CommentsClose CommentsPermalink

Subtitle C--Enforcement

SEC. 831. CIVIL PENALTIES AND ENFORCEMENT.

(a) Civil Penalties- A person shall be subject, in addition to any other penalty that may be prescribed by law, to a civil money penalty of not more than $50,000 for a first violation, and not more than $100,000 for each succeeding violation if such person--CommentsClose CommentsPermalink





(1) violates a provision of this title or an amendment made by this title;CommentsClose CommentsPermalink





(2) makes a false or fraudulent statement, or misrepresentation, with respect to a material fact, or offers, gives, solicits, or accepts inducement by way of compensation, intended to influence or affect in the United States or a foreign country--CommentsClose CommentsPermalink





(A) a decision for an approval under title II;CommentsClose CommentsPermalink





(B) the relinquishment of parental rights or the giving of parental consent relating to the adoption of a child; orCommentsClose CommentsPermalink





(C) a decision or action of any entity performing a central authority function; orCommentsClose CommentsPermalink





(3) engages another person as an agent, whether in the United States or in a foreign country, who in the course of that agency takes any of the actions described in paragraph (1) or (2).CommentsClose CommentsPermalink





(b) Civil Enforcement-CommentsClose CommentsPermalink





(1) AUTHORITY OF ATTORNEY GENERAL- The Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court.CommentsClose CommentsPermalink





(2) FACTORS TO BE CONSIDERED IN IMPOSING PENALTIES- In imposing penalties the court shall consider the gravity of the violation, the degree of culpability of the defendant, and any history of prior violations by the defendant.CommentsClose CommentsPermalink

SEC. 832. CRIMINAL PENALTIES.

Any person who knowingly and willfully commits a violation described in paragraph (1) or (2) of section 831(a) shall be subject to a fine of not more than $250,000, imprisonment for not more than 5 years, or both.CommentsClose CommentsPermalink

Calendar No. 144CommentsClose CommentsPermalink

110th CONGRESS 1st Session S. 1348 A BILL

To provide for comprehensive immigration reform and for other purposes.CommentsClose CommentsPermalink

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May 10, 2007

Read the second time and placed on the calendar