Text: S.2611 — 109th Congress (2005-2006)All Information (Except Text)

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Engrossed in Senate (05/25/2006)

 
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2611 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 2611

_______________________________________________________________________

                                 AN ACT


 
To provide for comprehensive immigration reform and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Immigration Reform Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
Sec. 4. Severability.
                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and vehicle 
                            barriers.
       Subtitle B--Border Security Plans, Strategies, and Reports

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North 
                            American security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.
Sec. 116. Deaths at United States-Mexico border.
Sec. 117. Cooperation with the Government of Mexico.
             Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure border initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between 
                            ports of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting, 
                            entry, or clearance requirements.
Sec. 133. Temporary National Guard support for securing the southern 
                            land border of the United States.
Sec. 134. Report on incentives to encourage certain members and former 
                            members of the Armed Forces to serve in the 
                            Bureau of Customs and Border Protection.
Sec. 135. Western Hemisphere Travel Initiative.
                Subtitle D--Border Tunnel Prevention Act

Sec. 141. Short title.
Sec. 142. Construction of border tunnel or passage.
Sec. 143. Directive to the United States Sentencing Commission.
             Subtitle E--Border Law Enforcement Relief Act

Sec. 151. Short title.
Sec. 152. Findings.
Sec. 153. Border relief grant program.
Sec. 154. Enforcement of Federal immigration law.
                  Subtitle F--Rapid Response Measures

Sec. 161. Deployment of Border Patrol agents.
Sec. 162. Border Patrol major assets.
Sec. 163. Electronic equipment.
Sec. 164. Personal equipment.
Sec. 165. Authorization of appropriations.
                     TITLE II--INTERIOR ENFORCEMENT

Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence, 
                            removal, and alien smuggling.
Sec. 206. Illegal entry.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration 
                            fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United 
                            States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of 
                            firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration, 
                            naturalization, and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Construction.
Sec. 218. State criminal alien assistance program.
Sec. 219. Transportation and processing of illegal aliens apprehended 
                            by State and local law enforcement 
                            officers.
Sec. 220. Reducing illegal immigration and alien smuggling on tribal 
                            lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local enforcement of Federal immigration laws.
Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political 
                            subdivisions and transfer to Federal 
                            custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of immigration violators in the National Crime 
                            Information Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. Increase of Federal detention space and the utilization of 
                            facilities identified for closures as a 
                            result of the Defense Base Closure 
                            Realignment Act of 1990.
Sec. 234. Determination of immigration status of individuals charged 
                            with Federal offenses.
Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.
                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 301. Unlawful employment of aliens.
Sec. 302. Employer Compliance Fund.
Sec. 303. Additional worksite enforcement and fraud detection agents.
Sec. 304. Clarification of ineligibility for misrepresentation.
Sec. 305. Antidiscrimination protections.
            TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

                  Subtitle A--Temporary Guest Workers

Sec. 401. Immigration impact study.
Sec. 402. Nonimmigrant temporary worker.
Sec. 403. Admission of nonimmigrant temporary guest workers.
Sec. 404. Employer obligations.
Sec. 405. Alien employment management system.
Sec. 406. Rulemaking; effective date.
Sec. 407. Recruitment of United States workers.
Sec. 408. Temporary guest worker visa program task force.
Sec. 409. Requirements for participating countries.
Sec. 410. S visas.
Sec. 411. L visa limitations.
Sec. 412. Compliance investigators.
Sec. 413. VISA waiver program expansion.
Sec. 414. Authorization of appropriations.
               Subtitle B--Immigration Injunction Reform

Sec. 421. Short title.
Sec. 422. Appropriate remedies for immigration legislation.
Sec. 423. Effective date.
                       TITLE V--BACKLOG REDUCTION

Sec. 501. Elimination of existing backlogs.
Sec. 502. Country limits.
Sec. 503. Allocation of immigrant visas.
Sec. 504. Relief for minor children and widows.
Sec. 505. Shortage occupations.
Sec. 506. Relief for widows and orphans.
Sec. 507. Student visas.
Sec. 508. Visas for individuals with advanced degrees.
Sec. 509. Children of Filipino World War II veterans.
Sec. 510. Expedited adjudication of employer petitions for aliens of 
                            extraordinary artistic ability.
Sec. 511. Powerline workers.
Sec. 512. Determinations with respect to children under the Haitian 
                            Refugee Immigration Fairness Act of 1998.
                          Subtitle B--SKIL Act

Sec. 521. Short title.
Sec. 522. H-1B visa holders.
Sec. 523. Market-based visa limits.
Sec. 524. United States educated immigrants.
Sec. 525. Student visa reform.
Sec. 526. L-1 visa holders subject to visa backlog.
Sec. 527. Retaining workers subject to green card backlog.
Sec. 528. Streamlining the adjudication process for established 
                            employers.
Sec. 529. Providing premium processing of employment-based visa 
                            petitions.
Sec. 530. Eliminating procedural delays in labor certification process.
Sec. 531. Completion of background and security checks.
Sec. 532. Visa revalidation.
Subtitle C--Preservation of Immigration Benefits for Hurricane Katrina 
                                Victims

Sec. 541. Short title.
Sec. 542. Definitions.
Sec. 543. Special immigrant status.
Sec. 544. Extension of filing or reentry deadlines.
Sec. 545. Humanitarian relief for certain surviving spouses and 
                            children.
Sec. 546. Recipient of public benefits.
Sec. 547. Age-out protection.
Sec. 548. Employment eligibility verification.
Sec. 549. Naturalization.
Sec. 550. Discretionary authority.
Sec. 551. Evidentiary standards and regulations.
Sec. 552. Identification documents.
Sec. 553. Waiver of regulations.
Sec. 554. Notices of change of address.
Sec. 555. Foreign students and exchange program participants.
     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.
   Subtitle B--Agricultural Job Opportunities, Benefits, and Security

Sec. 611. Short title.
Sec. 612. Definitions.
 Chapter 1--Pilot Program for Earned Status Adjustment of Agricultural 
                                Workers

Sec. 613. Agricultural workers.
Sec. 614. Correction of Social Security records.
                Chapter 2--Reform of H-2A Worker Program

Sec. 615. Amendment to the Immigration and Nationality Act.
                  Chapter 3--Miscellaneous Provisions

Sec. 616. Determination and use of user fees.
Sec. 617. Regulations.
Sec. 618. Report to Congress.
Sec. 619. Effective date.
                         Subtitle C--DREAM Act

Sec. 621. Short title.
Sec. 622. Definitions.
Sec. 623. Restoration of State option to determine residency for 
                            purposes of higher education benefits.
Sec. 624. Cancellation of removal and adjustment of status of certain 
                            long-term residents who entered the United 
                            States as children.
Sec. 625. Conditional permanent resident status.
Sec. 626. Retroactive benefits.
Sec. 627. Exclusive jurisdiction.
Sec. 628. Penalties for false statements in application.
Sec. 629. Confidentiality of information.
Sec. 630. Expedited processing of applications; prohibition on fees.
Sec. 631. Higher education assistance.
Sec. 632. GAO report.
          Subtitle D--Programs To Assist Nonimmigrant Workers

Sec. 641. Ineligibility and removal prior to application period.
Sec. 642. Grants to support public education and community training.
Sec. 643. Strengthening American citizenship.
Sec. 644. Supplemental immigration fee.
Sec. 645. Addressing poverty in Mexico.
                        TITLE VII--MISCELLANEOUS

              Subtitle A--Immigration Litigation Reduction

                     Chapter 1--Appeals and Review

Sec. 701. Additional immigration personnel.
                  Chapter 2--Immigration Review Reform

Sec. 702. Board of Immigration Appeals.
Sec. 703. Immigration judges.
Sec. 704. Removal and review of judges.
Sec. 705. Legal orientation program.
Sec. 706. Regulations.
Sec. 707. GAO study on the appellate process for immigration appeals.
Sec. 708. Senior judge participation in the selection of magistrates.
  Subtitle B--Citizenship Assistance for Members of the Armed Services

Sec. 711. Short title.
Sec. 712. Waiver of requirement for fingerprints for members of the 
                            Armed Forces.
Sec. 713. Provision of information on naturalization to members of the 
                            Armed Forces.
Sec. 714. Provision of information on naturalization to the public.
Sec. 715. Reports.
           Subtitle C--State Court Interpreter Grant Program

Sec. 721. Short title.
Sec. 722. Findings.
Sec. 723. State court interpreter program.
Sec. 724. Authorization of appropriations.
     Subtitle D--Border Infrastructure and Technology Modernization

Sec. 731. Short title.
Sec. 732. Definitions.
Sec. 733. Port of Entry Infrastructure Assessment Study.
Sec. 734. National Land Border Security Plan.
Sec. 735. Expansion of commerce security programs.
Sec. 736. Port of entry technology demonstration program.
Sec. 737. Authorization of appropriations.
                 Subtitle E--Family Humanitarian Relief

Sec. 741. Short title.
Sec. 742. Adjustment of status for certain nonimmigrant victims of 
                            terrorism.
Sec. 743. Cancellation of removal for certain immigrant victims of 
                            terrorism.
Sec. 744. Exceptions.
Sec. 745. Evidence of death.
Sec. 746. Definitions.
                       Subtitle F--Other Matters

Sec. 751. Noncitizen membership in the Armed Forces.
Sec. 752. Nonimmigrant alien status for certain athletes.
Sec. 753. Extension of returning worker exemption.
Sec. 754. Surveillance technologies programs.
Sec. 755. Comprehensive immigration efficiency review.
Sec. 756. Northern Border Prosecution Initiative.
Sec. 757. Southwest Border Prosecution Initiative.
Sec. 758. Grant program to assist eligible applicants.
Sec. 759. Screening of municipal solid waste.
Sec. 760. Access to immigration services in areas that are not 
                            accessible by road.
Sec. 761. Border security on certain Federal land.
Sec. 762. Unmanned aerial vehicles.
Sec. 763. Relief for widows and orphans.
Sec. 764. Terrorist activities.
Sec. 765. Family unity.
Sec. 766. Travel document plan.
Sec. 767. English as national language.
Sec. 768. Requirements for naturalization.
Sec. 769. Declaration of English.
Sec. 770. Preserving and enhancing the role of the English language.
Sec. 771. Exclusion of illegal aliens from congressional apportionment 
                            tabulations.
Sec. 772. Office of Internal Corruption Investigation.
Sec. 773. Adjustment of status for certain persecuted religious 
                            minorities.
Sec. 774. Eligibility of agricultural and forestry workers for certain 
                            legal assistance.
Sec. 775. Designation of program countries.
Sec. 776. Global healthcare cooperation.
Sec. 777. Attestation by healthcare workers.
Sec. 778. Public access to the Statue of Liberty.
Sec. 779. National security determination.
                TITLE VIII--INTERCOUNTRY ADOPTION REFORM

Sec. 801. Short title.
Sec. 802. Findings; purposes.
Sec. 803. Definitions.
          Subtitle A--Administration of Intercountry Adoptions

Sec. 811. Office of Intercountry Adoptions.
Sec. 812. Recognition of convention adoptions in the United States.
Sec. 813. Technical and conforming amendment.
Sec. 814. Transfer of functions.
Sec. 815. Transfer of resources.
Sec. 816. Incidental transfers.
Sec. 817. Savings provisions.
    Subtitle B--Reform of United States Laws Governing Intercountry 
                               Adoptions

Sec. 821. Automatic acquisition of citizenship for adopted children 
                            born outside the United States.
Sec. 822. Revised procedures.
Sec. 823. Nonimmigrant visas for children traveling to the United 
                            States to be adopted by a United States 
                            citizen.
Sec. 824. Definition of adoptable child.
Sec. 825. Approval to adopt.
Sec. 826. Adjudication of child status.
Sec. 827. Funds.
                        Subtitle C--Enforcement

Sec. 831. Civil penalties and enforcement.
Sec. 832. Criminal penalties.

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

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

SEC. 3. DEFINITIONS.

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

SEC. 4. SEVERABILITY.

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

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

    (a) Additional Personnel.--
            (1) Port of entry inspectors.--In each of the fiscal years 
        2007 through 2011, the Secretary shall, subject to the 
        availability of appropriations, increase by not less than 500 
        the number of positions for full-time active duty port of entry 
        inspectors and provide appropriate training, equipment, and 
        support to such additional inspectors.
            (2) Investigative personnel.--
                    (A) Immigration and customs enforcement 
                investigators.--Section 5203 of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (Public Law 108-
                458; 118 Stat. 3734) is amended by striking ``800'' and 
                inserting ``1000''.
                    (B) Additional personnel.--In addition to the 
                positions authorized under section 5203 of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004, as amended by subparagraph (A), during each of 
                the fiscal years 2007 through 2011, the Secretary 
                shall, subject to the availability of appropriations, 
                increase by not less than 200 the number of positions 
                for personnel within the Department assigned to 
                investigate alien smuggling.
            (3) Deputy united states marshals.--In each of the fiscal 
        years 2007 through 2011, the Attorney General shall, subject to 
        the availability of appropriations, increase by not less than 
        50 the number of positions for full-time active duty Deputy 
        United States Marshals that investigate criminal matters 
        related to immigration.
            (4) Recruitment of former military personnel.--
                    (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.
                    (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.
    (b) Authorization of Appropriations.--
            (1) Port of entry inspectors.--There are authorized to be 
        appropriated to the Secretary such sums as may be necessary for 
        each of the fiscal years 2007 through 2011 to carry out 
        paragraph (1) of subsection (a).
            (2) 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 2007 through 2011 to 
        carry out subsection (a)(3).
            (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:

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

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

SEC. 102. TECHNOLOGICAL ASSETS.

    (a) Acquisition.--Subject to the availability of appropriations, 
the Secretary shall procure additional unmanned aerial vehicles, 
cameras, poles, sensors, and other technologies necessary to achieve 
operational control of the international borders of the United States 
and to establish a security perimeter known as a ``virtual fence'' 
along such international borders to provide a barrier to illegal 
immigration.
    (b) Increased Availability of Equipment.--The Secretary and the 
Secretary of Defense shall develop and implement a plan to use 
authorities provided to the Secretary of Defense under chapter 18 of 
title 10, United States Code, to increase the availability and use of 
Department of Defense equipment, including unmanned aerial vehicles, 
tethered aerostat radars, and other surveillance equipment, to assist 
the Secretary in carrying out surveillance activities conducted at or 
near the international land borders of the United States to prevent 
illegal immigration.
    (c) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary and the Secretary of Defense shall submit to 
Congress a report that contains--
            (1) a description of the current use of Department of 
        Defense equipment to assist the Secretary in carrying out 
        surveillance of the international land borders of the United 
        States and assessment of the risks to citizens of the United 
        States and foreign policy interests associated with the use of 
        such equipment;
            (2) the plan developed under subsection (b) to increase the 
        use of Department of Defense equipment to assist such 
        surveillance activities; and
            (3) a description of the types of equipment and other 
        support to be provided by the Secretary of Defense under such 
        plan during the 1-year period beginning on the date of the 
        submission of the report.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
the fiscal years 2007 through 2011 to carry out subsection (a).
    (e) 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.
    (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.

SEC. 103. INFRASTRUCTURE.

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

SEC. 104. BORDER PATROL CHECKPOINTS.

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

SEC. 105. PORTS OF ENTRY.

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

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

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

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

SEC. 111. SURVEILLANCE PLAN.

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

SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

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

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

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

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

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

SEC. 115. COMBATING HUMAN SMUGGLING.

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

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--
            (1) the causes of the deaths; and
            (2) the total number of deaths.
    (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--
            (1) analyzes trends with respect to the statistics 
        collected under subsection (a) during the preceding year; and
            (2) recommends actions to reduce the deaths described in 
        subsection (a).

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--
            (1) improved border security along the international border 
        between the United States and Mexico;
            (2) the reduction of human trafficking and smuggling 
        between the United States and Mexico;
            (3) the reduction of drug trafficking and smuggling between 
        the United States and Mexico;
            (4) the reduction of gang membership in the United States 
        and Mexico;
            (5) the reduction of violence against women in the United 
        States and Mexico; and
            (6) the reduction of other violence and criminal activity.
    (b) Cooperation Regarding Education on Immigration Laws.--The 
Secretary of State, in cooperation with other appropriate Federal 
officials, shall work with the appropriate officials from the 
Government of Mexico to carry out activities to educate citizens and 
nationals of Mexico regarding eligibility for status as a nonimmigrant 
under Federal law to ensure that the citizens and nationals are not 
exploited while working in the United States.
    (c) Cooperation Regarding Circular Migration.--The Secretary of 
State, in cooperation with the Secretary of Labor and other appropriate 
Federal officials, shall work with the appropriate officials from the 
Government of Mexico to improve coordination between the United States 
and Mexico to encourage circular migration, including assisting in the 
development of economic opportunities and providing job training for 
citizens and nationals in Mexico.
    (d) 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--
            (1) solicit the views of affected communities;
            (2) lessen tensions; and
            (3) foster greater understanding and stronger cooperation 
        on this and other important security issues of mutual concern.
    (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.

             Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

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

SEC. 122. SECURE COMMUNICATION.

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

SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

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

SEC. 124. US-VISIT SYSTEM.

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

SEC. 125. DOCUMENT FRAUD DETECTION.

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

SEC. 126. IMPROVED DOCUMENT INTEGRITY.

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

SEC. 127. CANCELLATION OF VISAS.

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

SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

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

SEC. 129. BORDER STUDY.

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

SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

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

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

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

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

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 555. Evasion of inspection or during violation of arrival, 
              reporting, entry, or clearance requirements
    ``(a) Prohibition.--A person shall be punished as described in 
subsection (b) if such person attempts to elude or eludes customs, 
immigration, or agriculture inspection or fails to stop at the command 
of an officer or employee of the United States charged with enforcing 
the immigration, customs, or other laws of the United States at a port 
of entry or customs or immigration checkpoint.
    ``(b) Penalties.--A person who commits an offense described in 
subsection (a) shall be--
            ``(1) fined under this title;
            ``(2)(A) imprisoned for not more than 3 years, or both;
            ``(B) imprisoned for not more than 10 years, or both, if in 
        commission of this violation, attempts to inflict or inflicts 
        bodily injury (as defined in section 1365(g) of this title); or
            ``(C) imprisoned for any term of years or for life, or 
        both, if death results, and may be sentenced to death; or
            ``(3) both fined and imprisoned under this subsection.
    ``(c) Conspiracy.--If 2 or more persons conspire to commit an 
offense described in subsection (a), and 1 or more of such persons do 
any act to effect the object of the conspiracy, each shall be 
punishable as a principal, except that the sentence of death may not be 
imposed.
    ``(d) Prima Facie Evidence.--For the purposes of seizure and 
forfeiture under applicable law, in the case of use of a vehicle or 
other conveyance in the commission of this offense, or in the case of 
disregarding or disobeying the lawful authority or command of any 
officer or employee of the United States under section 111(b) of this 
title, such conduct shall constitute prima facie evidence of smuggling 
aliens or merchandise.''.
    (b) Conforming Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, is amended by inserting at the end:

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

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

    (a) Authority To Provide Assistance.--(1) 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.
    (2) 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).
    (b) Authorized Activities.--The activities authorized by this 
subsection are any of the following:
            (1) Ground reconnaissance activities;
            (2) Airborne reconnaissance activities;
            (3) Logistical support;
            (4) Provision of translation services and training;
            (5) Administrative support services;
            (6) Technical training services;
            (7) Emergency medical assistance and services;
            (8) Communications services;
            (9) Rescue of aliens in peril;
            (10) Construction of roadways, patrol roads, fences, 
        barriers, and other facilities to secure the southern land 
        border of the United States; and
            (11) Ground and air transportation.
    (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.
    (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.
    (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.
    (f) Definitions.--In this section:
            (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.
            (2) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, and the Virgin Islands.
            (3) The term ``State along the southern border of the 
        United States'' means each of the following:
                    (A) The State of Arizona.
                    (B) The State of California.
                    (C) The State of New Mexico.
                    (D) The State of Texas.
    (g) Duration of Authority.--The authority of this section shall 
expire on January 1, 2009.
    (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.

SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER 
              MEMBERS OF THE ARMED FORCES TO SERVE IN THE BUREAU OF 
              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.
    (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:
            (1) Members of the reserve components of the Armed Forces.
            (2) Former members of the Armed Forces within two years of 
        separation from service in the Armed Forces.
    (c) Requirements and Limitations.--
            (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.
            (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--
                    (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; and
                    (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.
            (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.
    (d) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of various monetary and non-monetary 
        incentives considered for purposes of the report.
            (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).
            (3) Any other matters that the Secretaries jointly consider 
        appropriate.
    (e) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committees on Armed Services, Homeland Security and 
        Governmental Affairs, and Appropriations of the Senate; and
            (2) the Committees on Armed Services, Homeland Security, 
        and Appropriations of the House of Representatives.

SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.

    (a) Findings.--Congress makes the following findings:
            (1) United States citizens make approximately 130,000,000 
        land border crossings each year between the United States and 
        Canada and the United States and Mexico, with approximately 
        23,000,000 individual United States citizens crossing the 
        border annually.
            (2) Approximately 27 percent of United States citizens 
        possess United States passports.
            (3) In fiscal year 2005, the Secretary of State issued an 
        estimated 10,100,000 passports, representing an increase of 15 
        percent from fiscal year 2004.
            (4) The Secretary of State estimates that 13,000,000 
        passports will be issued in fiscal year 2006, 16,000,000 
        passports will be issued in fiscal year 2007, and 17,000,000 
        passports will be issued in fiscal year 2008.
    (b) 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 2006.''.
    (c) Passport Cards.--
            (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.
            (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.
            (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.
            (4) Validity.--A Passport Card shall be valid for the same 
        period as a United States passport.
            (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--
                    (A) the United States and Canada;
                    (B) the United States and Mexico; and
                    (C) the United States and a country located in the 
                Caribbean or Bermuda.
            (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.
            (7) Technology.--
                    (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.
                    (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.
            (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.
            (9) Fee.--
                    (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.
                    (B) Limitation on fees.--
                            (i) In general.--The Secretary of State 
                        shall seek to make the application fee under 
                        this paragraph as low as possible.
                            (ii) Maximum fee without certification.--
                        Except as provided in clause (iii), the 
                        application fee may not exceed $24.
                            (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--
                                    (I) jointly certify to Congress 
                                that the cost to produce and issue a 
                                Passport Card significantly exceeds 
                                $24; and
                                    (II) provide a detailed cost 
                                analysis for such fee.
                    (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.
                    (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.
                    (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.
            (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.
            (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.
    (d) State Enrollment Demonstration Program.--
            (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:
                    (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).
                    (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.
                    (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.
                    (D) A State may not require an individual to 
                include the individual's citizenship status on a 
                driver's license.
                    (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.
            (2) Rule of construction.--Nothing in this subsection shall 
        have the effect of creating a national identity card.
            (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.
            (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--
                    (A) the cost of the production and issuance of 
                documents that meet the requirements of the program 
                compared with other travel documents;
                    (B) the impact of the program on the flow of cross-
                border traffic and the economic impact of the program; 
                and
                    (C) the security of travel documents that meet the 
                requirements of the program compared with other travel 
                documents.
            (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).
            (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.
    (e) Expedited Processing for Repeat Travelers.--
            (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.
            (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.
    (f) Process for Individuals Lacking Appropriate Documents.--
            (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)--
                    (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; or
                    (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.
            (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.
    (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.
    (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--
            (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;
            (2) provisions to seek consent to post such notifications 
        on commercial property, such as offices of State departments of 
        motor vehicles, gas stations, supermarkets, convenience stores, 
        hotels, and travel agencies;
            (3) the collection and analysis of data to measure the 
        success of the public promotion plan; and
            (4) additional measures as appropriate.
    (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--
            (1)(A) if the Secretary and the Secretary of State develop 
        and issue Passport Cards under this section--
                    (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;
                    (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; 
                and
                    (iii) a successful pilot has demonstrated the 
                effectiveness of the Passport Card; or
            (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;
            (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;
            (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; and
            (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.
    (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.

                Subtitle D--Border Tunnel Prevention Act

SEC. 141. SHORT TITLE.

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

SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

    (a) In General.--Chapter 27 of title 18, United States Code, as 
amended by section 132, is further amended by adding at the end the 
following:
``Sec. 556. Border tunnels and passages
    ``(a) Any person who knowingly constructs or finances the 
construction of a tunnel or subterranean passage that crosses the 
international border between the United States and another country, 
other than a lawfully authorized tunnel or passage known to the 
Secretary of Homeland Security and subject to inspection by the Bureau 
of Immigration and Customs Enforcement, shall be fined under this title 
and imprisoned for not more than 20 years.
    ``(b) Any person who knows or recklessly disregards the 
construction or use of a tunnel or passage described in subsection (a) 
on land that the person owns or controls shall be fined under this 
title and imprisoned for not more than 10 years.
    ``(c) Any person who uses a tunnel or passage described in 
subsection (a) to unlawfully smuggle an alien, goods (in violation of 
section 545), controlled substances, weapons of mass destruction 
(including biological weapons), or a member of a terrorist organization 
(as defined in section 212(a)(3)(B)(vi) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a 
maximum term of imprisonment that is twice the maximum term of 
imprisonment that would have otherwise been applicable had the unlawful 
activity not made use of such a tunnel or passage.''.
    (b) Clerical Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, as amended by section 132, is further 
amended by adding at the end the following:

``Sec. 556. Border tunnels and passages.''.
    (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United 
States Code, is amended by inserting ``556,'' before ``1425,''.

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

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall promulgate or amend 
sentencing guidelines to provide for increased penalties for persons 
convicted of offenses described in section 556 of title 18, United 
States Code, as added by section 142.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that the sentencing guidelines, policy 
        statements, and official commentary reflect the serious nature 
        of the offenses described in section 556 of title 18, United 
        States Code, and the need for aggressive and appropriate law 
        enforcement action to prevent such offenses;
            (2) provide adequate base offense levels for offenses under 
        such section;
            (3) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including--
                    (A) the use of a tunnel or passage described in 
                subsection (a) of such section to facilitate other 
                felonies; and
                    (B) the circumstances for which the sentencing 
                guidelines currently provide applicable sentencing 
                enhancements;
            (4) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines, and statutes;
            (5) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (6) ensure that the sentencing guidelines adequately meet 
        the purposes of sentencing set forth in section 3553(a)(2) of 
        title 18, United States Code.

             Subtitle E--Border Law Enforcement Relief Act

SEC. 151. SHORT TITLE.

    This subtitle may be cited as the ``Border Law Enforcement Relief 
Act of 2006''.

SEC. 152. FINDINGS.

    Congress finds the following:
            (1) It is the obligation of the Federal Government of the 
        United States to adequately secure the Nation's borders and 
        prevent the flow of undocumented persons and illegal drugs into 
        the United States.
            (2) Despite the fact that the United States Border Patrol 
        apprehends over 1,000,000 people each year trying to illegally 
        enter the United States, according to the Congressional 
        Research Service, the net growth in the number of unauthorized 
        aliens has increased by approximately 500,000 each year. The 
        Southwest border accounts for approximately 94 percent of all 
        migrant apprehensions each year. Currently, there are an 
        estimated 11,000,000 unauthorized aliens in the United States.
            (3) The border region is also a major corridor for the 
        shipment of drugs. According to the El Paso Intelligence 
        Center, 65 percent of the narcotics that are sold in the 
        markets of the United States enter the country through the 
        Southwest Border.
            (4) Border communities continue to incur significant costs 
        due to the lack of adequate border security. A 2001 study by 
        the United States-Mexico Border Counties Coalition found that 
        law enforcement and criminal justice expenses associated with 
        illegal immigration exceed $89,000,000 annually for the 
        Southwest border counties.
            (5) In August 2005, the States of New Mexico and Arizona 
        declared states of emergency in order to provide local law 
        enforcement immediate assistance in addressing criminal 
        activity along the Southwest border.
            (6) While the Federal Government provides States and 
        localities assistance in covering costs related to the 
        detention of certain criminal aliens and the prosecution of 
        Federal drug cases, local law enforcement along the border are 
        provided no assistance in covering such expenses and must use 
        their limited resources to combat drug trafficking, human 
        smuggling, kidnappings, the destruction of private property, 
        and other border-related crimes.
            (7) The United States shares 5,525 miles of border with 
        Canada and 1,989 miles with Mexico. Many of the local law 
        enforcement agencies located along the border are small, rural 
        departments charged with patrolling large areas of land. 
        Counties along the Southwest United States-Mexico border are 
        some of the poorest in the country and lack the financial 
        resources to cover the additional costs associated with illegal 
        immigration, drug trafficking, and other border-related crimes.
            (8) Federal assistance is required to help local law 
        enforcement operating along the border address the unique 
        challenges that arise as a result of their proximity to an 
        international border and the lack of overall border security in 
        the region

SEC. 153. BORDER RELIEF GRANT PROGRAM.

    (a) Grants Authorized.--
            (1) In general.--The Secretary is authorized to award 
        grants, subject to the availability of appropriations, to an 
        eligible law enforcement agency to provide assistance to such 
        agency to address--
                    (A) criminal activity that occurs in the 
                jurisdiction of such agency by virtue of such agency's 
                proximity to the United States border; and
                    (B) the impact of any lack of security along the 
                United States border.
            (2) Duration.--Grants may be awarded under this subsection 
        during fiscal years 2007 through 2011.
            (3) Competitive basis.--The Secretary shall award grants 
        under this subsection on a competitive basis, except that the 
        Secretary shall give priority to applications from any eligible 
        law enforcement agency serving a community--
                    (A) with a population of less than 50,000; and
                    (B) located no more than 100 miles from a United 
                States border with--
                            (i) Canada; or
                            (ii) Mexico.
    (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--
            (1) to obtain equipment;
            (2) to hire additional personnel;
            (3) to upgrade and maintain law enforcement technology;
            (4) to cover operational costs, including overtime and 
        transportation costs; and
            (5) such other resources as are available to assist that 
        agency.
    (c) Application.--
            (1) In general.--Each eligible law enforcement agency 
        seeking a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Secretary determines to be essential to ensure 
                compliance with the requirements of this section.
    (d) Definitions.--For the purposes of this section:
            (1) Eligible law enforcement agency.--The term ``eligible 
        law enforcement agency'' means a tribal, State, or local law 
        enforcement agency--
                    (A) located in a county no more than 100 miles from 
                a United States border with--
                            (i) Canada; or
                            (ii) Mexico; or
                    (B) located in a county more than 100 miles from 
                any such border, but where such county has been 
                certified by the Secretary as a High Impact Area.
            (2) High impact area.--The term ``High Impact Area'' means 
        any county designated by the Secretary as such, taking into 
        consideration--
                    (A) whether local law enforcement agencies in that 
                county have the resources to protect the lives, 
                property, safety, or welfare of the residents of that 
                county;
                    (B) the relationship between any lack of security 
                along the United States border and the rise, if any, of 
                criminal activity in that county; and
                    (C) any other unique challenges that local law 
                enforcement face due to a lack of security along the 
                United States border.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $50,000,000 for each of fiscal years 2007 through 2011 to carry 
        out the provisions of this section.
            (2) Division of authorized funds.--Of the amounts 
        authorized under paragraph (1)--
                    (A) \2/3\ shall be set aside for eligible law 
                enforcement agencies located in the 6 States with the 
                largest number of undocumented alien apprehensions; and
                    (B) \1/3\ shall be set aside for areas designated 
                as a High Impact Area under subsection (d).
    (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.

SEC. 154. 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.

                  Subtitle F--Rapid Response Measures

SEC. 161. DEPLOYMENT OF BORDER PATROL AGENTS.

    (a) Emergency Deployment of Border Patrol Agents.--
            (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.
            (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.
            (3) Collective bargaining.--Emergency deployments under 
        this subsection shall be made in accordance with all applicable 
        collective bargaining agreements and obligations.
    (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.
    (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''.

SEC. 162. 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.
    (b) Helicopters and Power Boats.--
            (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.
            (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.
            (3) Use and training.--The Secretary shall--
                    (A) establish an overall policy on how the 
                helicopters and power boats procured under this 
                subsection will be used; and
                    (B) implement training programs for the agents who 
                use such assets, including safe operating procedures 
                and rescue operations.
    (c) Motor Vehicles.--
            (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.
            (2) Features.--All motor vehicles purchased for the United 
        States Border Patrol shall--
                    (A) be appropriate for the mission of the United 
                States Border Patrol; and
                    (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.

SEC. 163. 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.
    (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.
    (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.
    (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.

SEC. 164. 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.
    (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.
    (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.

SEC. 165. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary for each of the fiscal years 2007 through 2011 to 
carry out this subtitle.

                     TITLE II--INTERIOR ENFORCEMENT

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

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

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

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

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

    (a) In General.--
            (1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is 
        amended--
                    (A) by striking ``Attorney General'' the first 
                place it appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) by striking ``Attorney General'' any other 
                place it appears and inserting ``Secretary'';
                    (C) in paragraph (1)--
                            (i) in subparagraph (B), by amending clause 
                        (ii) to read as follows:
                            ``(ii) If a court, the Board of Immigration 
                        Appeals, or an immigration judge orders a stay 
                        of the removal of the alien, the expiration 
                        date of the stay of removal.'';
                            (ii) by amending subparagraph (C) to read 
                        as follows:
                    ``(C) Extension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien fails or refuses to--
                            ``(i) make all reasonable efforts to comply 
                        with the removal order; or
                            ``(ii) fully cooperate with the Secretary's 
                        efforts to establish the alien's identity and 
                        carry out the removal order, including failing 
                        to make timely application in good faith for 
                        travel or other documents necessary to the 
                        alien's departure, or conspiring or acting to 
                        prevent the alien's removal.''; and
                            (iii) by adding at the end the following:
                    ``(D) Tolling of period.--If, at the time described 
                in subparagraph (B), the alien is not in the custody of 
                the Secretary under the authority of this Act, the 
                removal period shall not begin until the alien is taken 
                into such custody. If the Secretary lawfully transfers 
                custody of the alien during the removal period to 
                another Federal agency or to a State or local 
                government agency in connection with the official 
                duties of such agency, the removal period shall be 
                tolled, and shall recommence on the date on which the 
                alien is returned to the custody of the Secretary.'';
                    (D) in paragraph (2), by adding at the end the 
                following: ``If a court, the Board of Immigration 
                Appeals, or an immigration judge orders a stay of 
                removal of an alien who is subject to an administrative 
                final order of removal, the Secretary, in the exercise 
                of discretion, may detain the alien during the pendency 
                of such stay of removal.'';
                    (E) in paragraph (3), by amending subparagraph (D) 
                to read as follows:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities, or to perform 
                affirmative acts, that the Secretary prescribes for the 
                alien--
                            ``(i) to prevent the alien from absconding;
                            ``(ii) for the protection of the community; 
                        or
                            ``(iii) for other purposes related to the 
                        enforcement of the immigration laws.'';
                    (F) in paragraph (6), by striking ``removal period 
                and, if released,'' and inserting ``removal period, in 
                the discretion of the Secretary, without any 
                limitations other than those specified in this section, 
                until the alien is removed. If an alien is released, 
                the alien'';
                    (G) by redesignating paragraph (7) as paragraph 
                (10); and
                    (H) by inserting after paragraph (6) the following:
            ``(7) Parole.--If an alien detained pursuant to paragraph 
        (6) is an applicant for admission, the Secretary of Homeland 
        Security, in the Secretary's discretion, may parole the alien 
        under section 212(d)(5) and may provide, notwithstanding 
        section 212(d)(5), that the alien shall not be returned to 
        custody unless either the alien violates the conditions of the 
        alien's parole or the alien's removal becomes reasonably 
        foreseeable, provided that in no circumstance shall such alien 
        be considered admitted.
            ``(8) Additional rules for detention or release of 
        aliens.--The following procedures shall apply to an alien 
        detained under this section:
                    ``(A) Detention review process for aliens who have 
                effected an entry and fully cooperate with removal.--
                The Secretary of Homeland Security shall establish an 
                administrative review process to determine whether an 
                alien described in subparagraph (B) should be detained 
                or released after the removal period in accordance with 
                this paragraph.
                    ``(B) Alien described.--An alien is described in 
                this subparagraph if the alien--
                            ``(i) has effected an entry into the United 
                        States;
                            ``(ii) has made all reasonable efforts to 
                        comply with the alien's removal order;
                            ``(iii) has cooperated fully with the 
                        Secretary's efforts to establish the alien's 
                        identity and to carry out the removal order, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        for the alien's departure; and
                            ``(iv) has not conspired or acted to 
                        prevent removal.
                    ``(C) Evidence.--In making a determination under 
                subparagraph (A), the Secretary--
                            ``(i) shall consider any evidence submitted 
                        by the alien;
                            ``(ii) may consider any other evidence, 
                        including--
                                    ``(I) any information or assistance 
                                provided by the Department of State or 
                                other Federal agency; and
                                    ``(II) any other information 
                                available to the Secretary pertaining 
                                to the ability to remove the alien.
                    ``(D) Authority to detain for 90 days beyond 
                removal period.--The Secretary, in the exercise of the 
                Secretary's discretion and without any limitations 
                other than those specified in this section, may detain 
                an alien for 90 days beyond the removal period 
                (including any extension of the removal period under 
                paragraph (1)(C)).
                    ``(E) Authority to detain for additional period.--
                The Secretary, in the exercise of the Secretary's 
                discretion and without any limitations other than those 
                specified in this section, may detain an alien beyond 
                the 90-day period authorized under subparagraph (D) 
                until the alien is removed, if the Secretary--
                            ``(i) determines that there is a 
                        significant likelihood that the alien will be 
                        removed in the reasonably foreseeable future; 
                        or
                            ``(ii) certifies in writing--
                                    ``(I) in consultation with the 
                                Secretary of Health and Human Services, 
                                that the alien has a highly contagious 
                                disease that poses a threat to public 
                                safety;
                                    ``(II) after receipt of a written 
                                recommendation from the Secretary of 
                                State, that the release of the alien 
                                would likely have serious adverse 
                                foreign policy consequences for the 
                                United States;
                                    ``(III) based on information 
                                available to the Secretary (including 
                                classified, sensitive, or national 
                                security information, and regardless of 
                                the grounds upon which the alien was 
                                ordered removed), that there is reason 
                                to believe that the release of the 
                                alien would threaten the national 
                                security of the United States;
                                    ``(IV) that--
                                            ``(aa) the release of the 
                                        alien would threaten the safety 
                                        of the community or any person, 
                                        and conditions of release 
                                        cannot reasonably be expected 
                                        to ensure the safety of the 
                                        community or any person; and
                                            ``(bb) the alien--

                                                    ``(AA) has been 
                                                convicted of 1 or more 
                                                aggravated felonies (as 
                                                defined in section 
                                                101(a)(43)(A)), or of 1 
                                                or more attempts or 
                                                conspiracies to commit 
                                                any such aggravated 
                                                felonies for an 
                                                aggregate term of 
                                                imprisonment of at 
                                                least 5 years; or

                                                    ``(BB) has 
                                                committed a crime of 
                                                violence (as defined in 
                                                section 16 of title 18, 
                                                United States Code, but 
                                                not including a purely 
                                                political offense) and, 
                                                because of a mental 
                                                condition or 
                                                personality disorder 
                                                and behavior associated 
                                                with that condition or 
                                                disorder, is likely to 
                                                engage in acts of 
                                                violence in the future; 
                                                or

                                    ``(V) that--
                                            ``(aa) the release of the 
                                        alien would threaten the safety 
                                        of the community or any person, 
                                        notwithstanding conditions of 
                                        release designed to ensure the 
                                        safety of the community or any 
                                        person; and
                                            ``(bb) the alien has been 
                                        convicted of 1 or more 
                                        aggravated felonies (as defined 
                                        in section 101(a)(43)) for 
                                        which the alien was sentenced 
                                        to an aggregate term of 
                                        imprisonment of not less than 1 
                                        year.
                    ``(F) Administrative review process.--The 
                Secretary, without any limitations other than those 
                specified in this section, may detain an alien pending 
                a determination under subparagraph (E)(ii), if the 
                Secretary has initiated the administrative review 
                process identified in subparagraph (A) not later than 
                30 days after the expiration of the removal period 
                (including any extension of the removal period under 
                paragraph (1)(C)).
                    ``(G) Renewal and delegation of certification.--
                            ``(i) Renewal.--The Secretary may renew a 
                        certification under subparagraph (E)(ii) every 
                        6 months, without limitation, after providing 
                        the alien with an opportunity to request 
                        reconsideration of the certification and to 
                        submit documents or other evidence in support 
                        of that request. If the Secretary does not 
                        renew such certification, the Secretary shall 
                        release the alien, pursuant to subparagraph 
                        (H).
                            ``(ii) Delegation.--Notwithstanding any 
                        other provision of law, the Secretary may not 
                        delegate the authority to make or renew a 
                        certification described in subclause (II), 
                        (III), or (V) of subparagraph (E)(ii) to any 
                        employee reporting to the Assistant Secretary 
                        for Immigration and Customs Enforcement.
                            ``(iii) Hearing.--The Secretary may request 
                        that the Attorney General, or a designee of the 
                        Attorney General, provide for a hearing to make 
                        the determination described in subparagraph 
                        (E)(ii)(IV)(bb)(BB).
                    ``(H) Release on conditions.--If it is determined 
                that an alien should be released from detention, the 
                Secretary may, in the Secretary's discretion, impose 
                conditions on release in accordance with the 
                regulations prescribed pursuant to paragraph (3).
                    ``(I) Redetention.--The Secretary, without any 
                limitations other than those specified in this section, 
                may detain any alien subject to a final removal order 
                who has previously been released from custody if--
                            ``(i) the alien fails to comply with the 
                        conditions of release;
                            ``(ii) the alien fails to continue to 
                        satisfy the conditions described in 
                        subparagraph (B); or
                            ``(iii) upon reconsideration, the Secretary 
                        determines that the alien can be detained under 
                        subparagraph (E).
                    ``(J) Applicability.--This paragraph and paragraphs 
                (6) and (7) shall apply to any alien returned to 
                custody under subparagraph (I) as if the removal period 
                terminated on the day of the redetention.
                    ``(K) Detention review process for aliens who have 
                effected an entry and fail to cooperate with removal.--
                The Secretary shall detain an alien until the alien 
                makes all reasonable efforts to comply with a removal 
                order and to cooperate fully with the Secretary's 
                efforts, if the alien--
                            ``(i) has effected an entry into the United 
                        States; and
                            ``(ii)(I) and the alien faces a significant 
                        likelihood that the alien will be removed in 
                        the reasonably foreseeable future, or would 
                        have been removed if the alien had not--
                                    ``(aa) failed or refused to make 
                                all reasonable efforts to comply with a 
                                removal order;
                                    ``(bb) failed or refused to fully 
                                cooperate with the Secretary's efforts 
                                to establish the alien's identity and 
                                carry out the removal order, including 
                                the failure to make timely application 
                                in good faith for travel or other 
                                documents necessary to the alien's 
                                departure; or
                                    ``(cc) conspired or acted to 
                                prevent removal; or
                            ``(II) the Secretary makes a certification 
                        as specified in subparagraph (E), or the 
                        renewal of a certification specified in 
                        subparagraph (G).
                    ``(L) Detention review process for aliens who have 
                not effected an entry.--Except as otherwise provided in 
                this subparagraph, the Secretary shall follow the 
                guidelines established in section 241.4 of title 8, 
                Code of Federal Regulations, when detaining aliens who 
                have not effected an entry. The Secretary may decide to 
                apply the review process outlined in this paragraph.
            ``(9) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision made 
        pursuant to paragraph (6), (7), or (8) shall be available 
        exclusively in a habeas corpus proceeding brought in a United 
        States district court and only if the alien has exhausted all 
        administrative remedies (statutory and nonstatutory) available 
        to the alien as of right.''.
            (2) Effective date.--The amendments made by paragraph (1)--
                    (A) shall take effect on the date of the enactment 
                of this Act; and
                    (B) shall apply to--
                            (i) any alien subject to a final 
                        administrative removal, deportation, or 
                        exclusion order that was issued before, on, or 
                        after the date of the enactment of this Act; 
                        and
                            (ii) any act or condition occurring or 
                        existing before, on, or after the date of the 
                        enactment of this Act.
    (b) Criminal Detention of Aliens.--Section 3142 of title 18, United 
States Code, is amended--
            (1) in subsection (e)--
                    (A) by redesignating paragraphs (1), (2), and (3) 
                as subparagraphs (A), (B), and (C), respectively;
                    (B) by inserting ``(1)'' before ``If, after a 
                hearing'';
                    (C) in subparagraphs (B) and (C), as redesignated, 
                by striking ``paragraph (1)'' and inserting 
                ``subparagraph (A)''; and
                    (D) by adding after subparagraph (C), as 
                redesignated, the following:
    ``(2) Subject to rebuttal by the person, it shall be presumed that 
no condition or combination of conditions will reasonably assure the 
appearance of the person as required if the judicial officer finds that 
there is probable cause to believe that the person--
            ``(A) is an alien; and
            ``(B)(i) has no lawful immigration status in the United 
        States;
            ``(ii) is the subject of a final order of removal; or
            ``(iii) has committed a felony offense under section 911, 
        922(g)(5), 1015, 1028, 1425, or 1426 of this title, chapter 75 
        or 77 of this title, or section 243, 274, 275, 276, 277, or 278 
        of the Immigration and Nationality Act (8 U.S.C. 1253, 1324, 
        1325, 1326, 2327, and 1328).''; and
            (2) in subsection (g)(3)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(C) the person's immigration status; and''.

SEC. 203. AGGRAVATED FELONY.

    (a) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended--
            (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 
        2006), the term `aggravated felony' applies to an offense 
        described in this paragraph, whether in violation of Federal or 
        State law and to such an offense in violation of the law of a 
        foreign country, for which the term of imprisonment was 
        completed within the previous 15 years, even if the length of 
        the term of imprisonment is based on recidivist or other 
        enhancements and regardless of whether the conviction was 
        entered before, on, or after September 30, 1996, and means--'';
            (2) in subparagraph (A), by striking ``murder, rape, or 
        sexual abuse of a minor;'' and inserting ``murder, rape, or 
        sexual abuse of a minor, whether or not the minority of the 
        victim is established by evidence contained in the record of 
        conviction or by evidence extrinsic to the record of 
        conviction;'';
            (3) in subparagraph (N), by striking ``paragraph (1)(A) or 
        (2) of'';
            (4) in subparagraph (O), by striking ``section 275(a) or 
        276 committed by an alien who was previously deported on the 
        basis of a conviction for an offense described in another 
        subparagraph of this paragraph'' and inserting ``section 275 or 
        276 for which the term of imprisonment is at least 1 year'';
            (5) in subparagraph (U), by striking ``an attempt or 
        conspiracy to commit an offense described in this paragraph'' 
        and inserting ``aiding or abetting an offense described in this 
        paragraph, or soliciting, counseling, procuring, commanding, or 
        inducing another, attempting, or conspiring to commit such an 
        offense''; and
            (6) by striking the undesignated matter following 
        subparagraph (U).
    (b) Effective Date and Application.--
            (1) In general.--The amendments made by subsection (a) 
        shall--
                    (A) take effect on the date of the enactment of 
                this Act; and
                    (B) apply to any act that occurred on or after the 
                date of the enactment of this Act.
            (2) Application of iiraira amendments.--The amendments to 
        section 101(a)(43) of the Immigration and Nationality Act made 
        by section 321 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208; 
        110 Stat. 3009-627) shall continue to apply, whether the 
        conviction was entered before, on, or after September 30, 1996.

SEC. 204. TERRORIST BARS.

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

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

    (a) Criminal Street Gangs.--
            (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
        1182(a)(2)) is amended--
                    (A) by redesignating subparagraph (F) as 
                subparagraph (J); and
                    (B) by inserting after subparagraph (E) the 
                following:
                    ``(F) Members of criminal street gangs.--Unless the 
                Secretary of Homeland Security or the Attorney General 
                waives the application of this subparagraph, any alien 
                who a consular officer, the Attorney General, or the 
                Secretary of Homeland Security knows or has reason to 
                believe--
                            ``(i) is, or has been, a member of a 
                        criminal street gang (as defined in section 
                        521(a) of title 18, United States Code); or
                            ``(ii) has participated in the activities 
                        of a criminal street gang, knowing or having 
                        reason to know that such activities promoted, 
                        furthered, aided, or supported the illegal 
                        activity of the criminal gang,
                is inadmissible.''.
            (2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) 
        is amended by adding at the end the following:
                    ``(F) Members of criminal street gangs.--Unless the 
                Secretary of Homeland Security or the Attorney General 
                waives the application of this subparagraph, any alien 
                who the Secretary of Homeland Security or the Attorney 
                General knows or has reason to believe--
                            ``(i) is, or at any time after admission 
                        has been, a member of a criminal street gang 
                        (as defined in section 521(a) of title 18, 
                        United States Code); or
                            ``(ii) has participated in the activities 
                        of a criminal street gang, knowing or having 
                        reason to know that such activities promoted, 
                        furthered, aided, or supported the illegal 
                        activity of the criminal gang,
                is deportable.''.
            (3) Temporary protected status.--Section 244 (8 U.S.C. 
        1254a) is amended--
                    (A) by striking ``Attorney General'' each place it 
                appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) in subsection (b)(3)--
                            (i) in subparagraph (B), by striking the 
                        last sentence and inserting the following: 
                        ``Notwithstanding any other provision of this 
                        section, the Secretary of Homeland Security 
                        may, for any reason (including national 
                        security), terminate or modify any designation 
                        under this section. Such termination or 
                        modification is effective upon publication in 
                        the Federal Register, or after such time as the 
                        Secretary may designate in the Federal 
                        Register.'';
                            (ii) in subparagraph (C), by striking ``a 
                        period of 12 or 18 months'' and inserting ``any 
                        other period not to exceed 18 months'';
                    (C) in subsection (c)--
                            (i) in paragraph (1)(B), by striking ``The 
                        amount of any such fee shall not exceed $50.'';
                            (ii) in paragraph (2)(B)--
                                    (I) in clause (i), by striking ``, 
                                or'' at the end;
                                    (II) in clause (ii), by striking 
                                the period at the end and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) the alien is, or at any time after 
                        admission has been, a member of a criminal 
                        street gang (as defined in section 521(a) of 
                        title 18, United States Code).''; and
                    (D) in subsection (d)--
                            (i) by striking paragraph (3); and
                            (ii) in paragraph (4), by adding at the end 
                        the following: ``The Secretary of Homeland 
                        Security may detain an alien provided temporary 
                        protected status under this section whenever 
                        appropriate under any other provision of 
                        law.''.
    (b) Penalties Related to Removal.--Section 243 (8 U.S.C. 1253) is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``212(a) or'' after ``section''; and
                    (B) in the matter following subparagraph (D)--
                            (i) by striking ``or imprisoned not more 
                        than four years'' and inserting ``and 
                        imprisoned for not less than 6 months or more 
                        than 5 years''; and
                            (ii) by striking ``, or both'';
            (2) in subsection (b), by striking ``not more than $1000 or 
        imprisoned for not more than one year, or both'' and inserting 
        ``under title 18, United States Code, and imprisoned for not 
        less than 6 months or more than 5 years (or for not more than 
        10 years if the alien is a member of any of the classes 
        described in paragraphs (1)(E), (2), (3), and (4) of section 
        237(a)).''; and
            (3) by amending subsection (d) to read as follows:
    ``(d) Denying Visas to Nationals of Country Denying or Delaying 
Accepting Alien.--The Secretary of Homeland Security, after making a 
determination that the government of a foreign country has denied or 
unreasonably delayed accepting an alien who is a citizen, subject, 
national, or resident of that country after the alien has been ordered 
removed, and after consultation with the Secretary of State, may 
instruct the Secretary of State to deny a visa to any citizen, subject, 
national, or resident of that country until the country accepts the 
alien that was ordered removed.''.
    (c) Alien Smuggling and Related Offenses.--
            (1) In general.--Section 274 (8 U.S.C. 1324), is amended to 
        read as follows:

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

    ``(a) Criminal Offenses and Penalties.--
            ``(1) Prohibited activities.--Except as provided in 
        paragraph (3), a person shall be punished as provided under 
        paragraph (2), if the person--
                    ``(A) facilitates, encourages, directs, or induces 
                a person to come to or enter the United States, or to 
                cross the border to the United States, knowing or in 
                reckless disregard of the fact that such person is an 
                alien who lacks lawful authority to come to, enter, or 
                cross the border to the United States;
                    ``(B) facilitates, encourages, directs, or induces 
                a person to come to or enter the United States, or to 
                cross the border to the United States, at a place other 
                than a designated port of entry or place other than as 
                designated by the Secretary of Homeland Security, 
                knowing or in reckless disregard of the fact that such 
                person is an alien and regardless of whether such alien 
                has official permission or lawful authority to be in 
                the United States;
                    ``(C) transports, moves, harbors, conceals, or 
                shields from detection a person outside of the United 
                States knowing or in reckless disregard of the fact 
                that such person is an alien in unlawful transit from 1 
                country to another or on the high seas, under 
                circumstances in which the alien is seeking to enter 
                the United States without official permission or legal 
                authority;
                    ``(D) encourages or induces a person to reside in 
                the United States, knowing or in reckless disregard of 
                the fact that such person is an alien who lacks lawful 
                authority to reside in the United States;
                    ``(E) transports or moves a person in the United 
                States, knowing or in reckless disregard of the fact 
                that such person is an alien who lacks lawful authority 
                to enter or be in the United States, if the 
                transportation or movement will further the alien's 
                illegal entry into or illegal presence in the United 
                States;
                    ``(F) harbors, conceals, or shields from detection 
                a person in the United States, knowing or in reckless 
                disregard of the fact that such person is an alien who 
                lacks lawful authority to be in the United States; or
                    ``(G) conspires or attempts to commit any of the 
                acts described in subparagraphs (A) through (F).
            ``(2) Criminal penalties.--A person who violates any 
        provision under paragraph (1)--
                    ``(A) except as provided in subparagraphs (C) 
                through (G), if the offense was not committed for 
                commercial advantage, profit, or private financial 
                gain, shall be fined under title 18, United States 
                Code, imprisoned for not more than 5 years, or both;
                    ``(B) except as provided in subparagraphs (C) 
                through (G), if the offense was committed for 
                commercial advantage, profit, or private financial 
                gain--
                            ``(i) if the violation is the offender's 
                        first violation under this subparagraph, shall 
                        be fined under such title, imprisoned for not 
                        more than 20 years, or both; or
                            ``(ii) if the violation is the offender's 
                        second or subsequent violation of this 
                        subparagraph, shall be fined under such title, 
                        imprisoned for not less than 3 years or more 
                        than 20 years, or both;
                    ``(C) if the offense furthered or aided the 
                commission of any other offense against the United 
                States or any State that is punishable by imprisonment 
                for more than 1 year, shall be fined under such title, 
                imprisoned for not less than 5 years or more than 20 
                years, or both;
                    ``(D) shall be fined under such title, imprisoned 
                not less than 5 years or more than 20 years, or both, 
                if the offense created a substantial and foreseeable 
                risk of death, a substantial and foreseeable risk of 
                serious bodily injury (as defined in section 2119(2) of 
                title 18, United States Code), or inhumane conditions 
                to another person, including--
                            ``(i) transporting the person in an engine 
                        compartment, storage compartment, or other 
                        confined space;
                            ``(ii) transporting the person at an 
                        excessive speed or in excess of the rated 
                        capacity of the means of transportation; or
                            ``(iii) transporting the person in, 
                        harboring the person in, or otherwise 
                        subjecting the person to crowded or dangerous 
                        conditions;
                    ``(E) if the offense caused serious bodily injury 
                (as defined in section 2119(2) of title 18, United 
                States Code) to any person, shall be fined under such 
                title, imprisoned for not less than 7 years or more 
                than 30 years, or both;
                    ``(F) shall be fined under such title and 
                imprisoned for not less than 10 years or more than 30 
                years if the offense involved an alien who the offender 
                knew or had reason to believe was--
                            ``(i) engaged in terrorist activity (as 
                        defined in section 212(a)(3)(B)); or
                            ``(ii) intending to engage in terrorist 
                        activity;
                    ``(G) if the offense caused or resulted in the 
                death of any person, shall be punished by death or 
                imprisoned for a term of years not less than 10 years 
                and up to life, and fined under title 18, United States 
                Code.
            ``(3) Limitation.--It is not a violation of subparagraph 
        (D), (E), or (F) of paragraph (1)--
                    ``(A) for a religious denomination having a bona 
                fide nonprofit, religious organization in the United 
                States, or the agents or officers of such denomination 
                or organization, to encourage, invite, call, allow, or 
                enable an alien who is present in the United States to 
                perform the vocation of a minister or missionary for 
                the denomination or organization in the United States 
                as a volunteer who is not compensated as an employee, 
                notwithstanding the provision of room, board, travel, 
                medical assistance, and other basic living expenses, 
                provided the minister or missionary has been a member 
                of the denomination for at least 1 year; or
                    ``(B) for an individual or organization, not 
                previously convicted of a violation of this section, to 
                provide an alien who is present in the United States 
                with humanitarian assistance, including medical care, 
                housing, counseling, victim services, and food, or to 
                transport the alien to a location where such assistance 
                can be rendered.
            ``(4) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over the offenses 
        described in this subsection.
    ``(b) Employment of Unauthorized Aliens.--
            ``(1) Criminal offense and penalties.--Any person who, 
        during any 12-month period, knowingly employs 10 or more 
        individuals with actual knowledge or in reckless disregard of 
        the fact that the individuals are aliens described in paragraph 
        (2), shall be fined under title 18, United States Code, 
        imprisoned for not more than 10 years, or both.
            ``(2) Definition.--An alien described in this paragraph is 
        an alien who--
                    ``(A) is an unauthorized alien (as defined in 
                section 274A(i));
                    ``(B) is present in the United States without 
                lawful authority; and
                    ``(C) has been brought into the United States in 
                violation of this subsection.
    ``(c) Seizure and Forfeiture.--
            ``(1) In general.--Any real or personal property used to 
        commit or facilitate the commission of a violation of this 
        section, the gross proceeds of such violation, and any property 
        traceable to such property or proceeds, shall be subject to 
        forfeiture.
            ``(2) Applicable procedures.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46 of title 18, United States Code, relating to civil 
        forfeitures, except that such duties as are imposed upon the 
        Secretary of the Treasury under the customs laws described in 
        section 981(d) shall be performed by such officers, agents, and 
        other persons as may be designated for that purpose by the 
        Secretary of Homeland Security.
            ``(3) Prima facie evidence in determinations of 
        violations.--In determining whether a violation of subsection 
        (a) has occurred, prima facie evidence that an alien involved 
        in the alleged violation lacks lawful authority to come to, 
        enter, reside in, remain in, or be in the United States or that 
        such alien had come to, entered, resided in, remained in, or 
        been present in the United States in violation of law shall 
        include--
                    ``(A) any order, finding, or determination 
                concerning the alien's status or lack of status made by 
                a Federal judge or administrative adjudicator 
                (including an immigration judge or immigration officer) 
                during any judicial or administrative proceeding 
                authorized under Federal immigration law;
                    ``(B) official records of the Department of 
                Homeland Security, the Department of Justice, or the 
                Department of State concerning the alien's status or 
                lack of status; and
                    ``(C) testimony by an immigration officer having 
                personal knowledge of the facts concerning the alien's 
                status or lack of status.
    ``(d) Authority To Arrest.--No officer or person shall have 
authority to make any arrests for a violation of any provision of this 
section except--
            ``(1) officers and employees designated by the Secretary of 
        Homeland Security, either individually or as a member of a 
        class; and
            ``(2) other officers responsible for the enforcement of 
        Federal criminal laws.
    ``(e) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of Evidence, the 
videotaped or otherwise audiovisually preserved deposition of a witness 
to a violation of subsection (a) who has been deported or otherwise 
expelled from the United States, or is otherwise unavailable to 
testify, may be admitted into evidence in an action brought for that 
violation if--
            ``(1) the witness was available for cross examination at 
        the deposition by the party, if any, opposing admission of the 
        testimony; and
            ``(2) the deposition otherwise complies with the Federal 
        Rules of Evidence.
    ``(f) Outreach Program.--
            ``(1) In general.--The Secretary of Homeland Security, in 
        consultation with the Attorney General and the Secretary of 
        State, as appropriate, shall--
                    ``(A) develop and implement an outreach program to 
                educate people in and out of the United States about 
                the penalties for bringing in and harboring aliens in 
                violation of this section; and
                    ``(B) establish the American Local and Interior 
                Enforcement Needs (ALIEN) Task Force to identify and 
                respond to the use of Federal, State, and local 
                transportation infrastructure to further the 
                trafficking of unlawful aliens within the United 
                States.
            ``(2) Field offices.--The Secretary of Homeland Security, 
        after consulting with State and local government officials, 
        shall establish such field offices as may be necessary to carry 
        out this subsection.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums are necessary for the 
        fiscal years 2007 through 2011 to carry out this subsection.
    ``(g) Definitions.--In this section:
            ``(1) Crossed the border into the united states.--An alien 
        is deemed to have crossed the border into the United States 
        regardless of whether the alien is free from official 
        restraint.
            ``(2) Lawful authority.--The term `lawful authority' means 
        permission, authorization, or license that is expressly 
        provided for in the immigration laws of the United States or 
        accompanying regulations. The term does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law or authority sought, but not approved. No alien shall be 
        deemed to have lawful authority to come to, enter, reside in, 
        remain in, or be in the United States if such coming to, entry, 
        residence, remaining, or presence was, is, or would be in 
        violation of law.
            ``(3) Proceeds.--The term `proceeds' includes any property 
        or interest in property obtained or retained as a consequence 
        of an act or omission in violation of this section.
            ``(4) Unlawful transit.--The term `unlawful transit' means 
        travel, movement, or temporary presence that violates the laws 
        of any country in which the alien is present or any country 
        from which the alien is traveling or moving.''.
            (2) Clerical amendment.--The table of contents is amended 
        by striking the item relating to section 274 and inserting the 
        following:

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

SEC. 206. ILLEGAL ENTRY.

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

``SEC. 275. ILLEGAL ENTRY.

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

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

SEC. 207. ILLEGAL REENTRY.

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

``SEC. 276. REENTRY OF REMOVED ALIEN.

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

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

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

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

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``1555. Exception for refugees and asylees.
``Sec. 1541. Trafficking in passports
    ``(a) Multiple Passports.--Any person who, during any 3-year 
period, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 10 or more passports;
            ``(2) forges, counterfeits, alters, or falsely makes 10 or 
        more passports;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes 10 or more passports, knowing the passports to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 10 or more applications for a United States passport 
        (including any supporting documentation), knowing the 
        applications to contain any false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(b) Passport Materials.--Any person who knowingly and without 
lawful authority produces, counterfeits, secures, possesses, or uses 
any official paper, seal, hologram, image, text, symbol, stamp, 
engraving, plate, or other material used to make a passport shall be 
fined under this title, imprisoned not more than 20 years, or both.
``Sec. 1542. False statement in an application for a passport
    ``Any person who knowingly--
            ``(1) makes any false statement or representation in an 
        application for a United States passport (including any 
        supporting documentation);
            ``(2) completes, mails, prepares, presents, signs, or 
        submits an application for a United States passport (including 
        any supporting documentation) knowing the application to 
        contain any false statement or representation; or
            ``(3) causes or attempts to cause the production of a 
        passport by means of any fraud or false application for a 
        United States passport (including any supporting 
        documentation), if such production occurs or would occur at a 
        facility authorized by the Secretary of State for the 
        production of passports,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1543. Forgery and unlawful production of a passport
    ``(a) Forgery.--Any person who--
            ``(1) knowingly forges, counterfeits, alters, or falsely 
        makes any passport; or
            ``(2) knowingly transfers any passport knowing it to be 
        forged, counterfeited, altered, falsely made, stolen, or to 
        have been produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Unlawful Production.--Any person who knowingly and without 
lawful authority--
            ``(1) produces, issues, authorizes, or verifies a passport 
        in violation of the laws, regulations, or rules governing the 
        issuance of the passport;
            ``(2) produces, issues, authorizes, or verifies a United 
        States passport for or to any person not owing allegiance to 
        the United States; or
            ``(3) transfers or furnishes a passport to a person for use 
        when such person is not the person for whom the passport was 
        issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1544. Misuse of a passport
    ``(a) In General.--Any person who--
            ``(1) knowingly uses any passport issued or designed for 
        the use of another;
            ``(2) knowingly uses any passport in violation of the 
        conditions or restrictions therein contained, or in violation 
        of the laws, regulations, or rules governing the issuance and 
        use of the passport;
            ``(3) knowingly secures, possesses, uses, receives, buys, 
        sells, or distributes any passport knowing it to be forged, 
        counterfeited, altered, falsely made, procured by fraud, or 
        produced or issued without lawful authority; or
            ``(4) knowingly violates the terms and conditions of any 
        safe conduct duly obtained and issued under the authority of 
        the United States,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Entry; Fraud.--Any person who knowingly uses any passport, 
knowing the passport to be forged, counterfeited, altered, falsely 
made, procured by fraud, produced or issued without lawful authority, 
or issued or designed for the use of another--
            ``(1) to enter or to attempt to enter the United States; or
            ``(2) to defraud the United States, a State, or a political 
        subdivision of a State,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1545. Schemes to defraud aliens
    ``(a) In General.--Any person who knowingly executes a scheme or 
artifice, in connection with any matter that is authorized by or arises 
under Federal immigration laws, or any matter the offender claims or 
represents is authorized by or arises under Federal immigration laws--
            ``(1) to defraud any person, or
            ``(2) to obtain or receive from any person, by means of 
        false or fraudulent pretenses, representations, promises, money 
        or anything else of value,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Misrepresentation.--Any person who knowingly and falsely 
represents himself to be an attorney in any matter arising under 
Federal immigration laws shall be fined under this title, imprisoned 
not more than 15 years, or both.
``Sec. 1546. Immigration and visa fraud
    ``(a) In General.--Any person who knowingly--
            ``(1) uses any immigration document issued or designed for 
        the use of another;
            ``(2) forges, counterfeits, alters, or falsely makes any 
        immigration document;
            ``(3) completes, mails, prepares, presents, signs, or 
        submits any immigration document knowing it to contain any 
        materially false statement or representation;
            ``(4) secures, possesses, uses, transfers, receives, buys, 
        sells, or distributes any immigration document knowing it to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority;
            ``(5) adopts or uses a false or fictitious name to evade or 
        to attempt to evade the immigration laws; or
            ``(6) transfers or furnishes an immigration document to a 
        person without lawful authority for use if such person is not 
        the person for whom the immigration document was issued or 
        designed,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Multiple Violations.--Any person who, during any 3-year 
period, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 10 or more immigration documents;
            ``(2) forges, counterfeits, alters, or falsely makes 10 or 
        more immigration documents;
            ``(3) secures, possesses, uses, buys, sells, or distributes 
        10 or more immigration documents, knowing the immigration 
        documents to be forged, counterfeited, altered, stolen, falsely 
        made, procured by fraud, or produced or issued without lawful 
        authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 10 or more immigration documents knowing the documents 
        to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(c) Immigration Document Materials.--Any person who knowingly and 
without lawful authority produces, counterfeits, secures, possesses, or 
uses any official paper, seal, hologram, image, text, symbol, stamp, 
engraving, plate, or other material, used to make an immigration 
document shall be fined under this title, imprisoned not more than 20 
years, or both.
``Sec. 1547. Marriage fraud
    ``(a) Evasion or Misrepresentation.--Any person who--
            ``(1) knowingly enters into a marriage for the purpose of 
        evading any provision of the immigration laws; or
            ``(2) knowingly misrepresents the existence or 
        circumstances of a marriage--
                    ``(A) in an application or document authorized by 
                the immigration laws; or
                    ``(B) during any immigration proceeding conducted 
                by an administrative adjudicator (including an 
                immigration officer or examiner, a consular officer, an 
                immigration judge, or a member of the Board of 
                Immigration Appeals),
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(b) Multiple Marriages.--Any person who--
            ``(1) knowingly enters into 2 or more marriages for the 
        purpose of evading any immigration law; or
            ``(2) knowingly arranges, supports, or facilitates 2 or 
        more marriages designed or intended to evade any immigration 
        law,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(c) Commercial Enterprise.--Any person who knowingly establishes 
a commercial enterprise for the purpose of evading any provision of the 
immigration laws shall be fined under this title, imprisoned for not 
more than 10 years, or both.
    ``(d) Duration of Offense.--
            ``(1) In general.--An offense under subsection (a) or (b) 
        continues until the fraudulent nature of the marriage or 
        marriages is discovered by an immigration officer.
            ``(2) Commercial enterprise.--An offense under subsection 
        (c) continues until the fraudulent nature of commercial 
        enterprise is discovered by an immigration officer or other law 
        enforcement officer.
``Sec. 1548. Attempts and conspiracies
    ``Any person who attempts or conspires to violate any section of 
this chapter shall be punished in the same manner as a person who 
completed a violation of that section.
``Sec. 1549. Alternative penalties for certain offenses
    ``(a) Terrorism.--Any person who violates any section of this 
chapter--
            ``(1) knowing that such violation will facilitate an act of 
        international terrorism or domestic terrorism (as those terms 
        are defined in section 2331); or
            ``(2) with the intent to facilitate an act of international 
        terrorism or domestic terrorism,
shall be fined under this title, imprisoned not more than 25 years, or 
both.
    ``(b) Offense Against Government.--Any person who violates any 
section of this chapter--
            ``(1) knowing that such violation will facilitate the 
        commission of any offense against the United States (other than 
        an offense in this chapter) or against any State, which offense 
        is punishable by imprisonment for more than 1 year; or
            ``(2) with the intent to facilitate the commission of any 
        offense against the United States (other than an offense in 
        this chapter) or against any State, which offense is punishable 
        by imprisonment for more than 1 year,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
``Sec. 1550. Seizure and forfeiture
    ``(a) Forfeiture.--Any property, real or personal, used to commit 
or facilitate the commission of a violation of any section of this 
chapter, the gross proceeds of such violation, and any property 
traceable to such property or proceeds, shall be subject to forfeiture.
    ``(b) Applicable Law.--Seizures and forfeitures under this section 
shall be governed by the provisions of chapter 46 relating to civil 
forfeitures, except that such duties as are imposed upon the Secretary 
of the Treasury under the customs laws described in section 981(d) 
shall be performed by such officers, agents, and other persons as may 
be designated for that purpose by the Secretary of Homeland Security, 
the Secretary of State, or the Attorney General.
``Sec. 1551. Additional jurisdiction
    ``(a) In General.--Any person who commits an offense under this 
chapter within the special maritime and territorial jurisdiction of the 
United States shall be punished as provided under this chapter.
    ``(b) Extraterritorial Jurisdiction.--Any person who commits an 
offense under this chapter outside the United States shall be punished 
as provided under this chapter if--
            ``(1) the offense involves a United States immigration 
        document (or any document purporting to be such a document) or 
        any matter, right, or benefit arising under or authorized by 
        Federal immigration laws;
            ``(2) the offense is in or affects foreign commerce;
            ``(3) the offense affects, jeopardizes, or poses a 
        significant risk to the lawful administration of Federal 
        immigration laws, or the national security of the United 
        States;
            ``(4) the offense is committed to facilitate an act of 
        international terrorism (as defined in section 2331) or a drug 
        trafficking crime (as defined in section 929(a)(2)) that 
        affects or would affect the national security of the United 
        States;
            ``(5) the offender is a national of the United States (as 
        defined in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully 
        admitted for permanent residence in the United States (as 
        defined in section 101(a)(20) of such Act); or
            ``(6) the offender is a stateless person whose habitual 
        residence is in the United States.
``Sec. 1552. Additional venue
    ``(a) In General.--An offense under section 1542 may be prosecuted 
in--
            ``(1) any district in which the false statement or 
        representation was made;
            ``(2) any district in which the passport application was 
        prepared, submitted, mailed, received, processed, or 
        adjudicated; or
            ``(3) in the case of an application prepared and 
        adjudicated outside the United States, in the district in which 
        the resultant passport was produced.
    ``(b) Savings Clause.--Nothing in this section limits the venue 
otherwise available under sections 3237 and 3238.
``Sec. 1553. Definitions
    ``As used in this chapter:
            ``(1) The term `falsely make' means to prepare or complete 
        an immigration document with knowledge or in reckless disregard 
        of the fact that the document--
                    ``(A) contains a statement or representation that 
                is false, fictitious, or fraudulent;
                    ``(B) has no basis in fact or law; or
                    ``(C) otherwise fails to state a fact which is 
                material to the purpose for which the document was 
                created, designed, or submitted.
            ``(2) The term a `false statement or representation' 
        includes a personation or an omission.
            ``(3) The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(4) The term `immigration document'--
                    ``(A) means--
                            ``(i) any passport or visa; or
                            ``(ii) any application, petition, 
                        affidavit, declaration, attestation, form, 
                        identification card, alien registration 
                        document, employment authorization document, 
                        border crossing card, certificate, permit, 
                        order, license, stamp, authorization, grant of 
                        authority, or other evidentiary document, 
                        arising under or authorized by the immigration 
                        laws of the United States; and
                    ``(B) includes any document, photograph, or other 
                piece of evidence attached to or submitted in support 
                of an immigration document.
            ``(5) The term `immigration laws' includes--
                    ``(A) the laws described in section 101(a)(17) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(17));
                    ``(B) the laws relating to the issuance and use of 
                passports; and
                    ``(C) the regulations prescribed under the 
                authority of any law described in paragraphs (1) and 
                (2).
            ``(6) The term `immigration proceeding' includes an 
        adjudication, interview, hearing, or review.
            ``(7) A person does not exercise `lawful authority' if the 
        person abuses or improperly exercises lawful authority the 
        person otherwise holds.
            ``(8) The term `passport' means a travel document attesting 
        to the identity and nationality of the bearer that is issued 
        under the authority of the Secretary of State, a foreign 
        government, or an international organization; or any instrument 
        purporting to be the same.
            ``(9) The term `produce' means to make, prepare, assemble, 
        issue, print, authenticate, or alter.
            ``(10) The term `State' means a State of the United States, 
        the District of Columbia, or any commonwealth, territory, or 
        possession of the United States.
``Sec. 1554. Authorized law enforcement activities
    ``Nothing in this chapter shall prohibit any lawfully authorized 
investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a political 
subdivision of a State, or an intelligence agency of the United States, 
or any activity authorized under title V of the Organized Crime Control 
Act of 1970 (84 Stat. 933).
``Sec. 1555. Exception for refugees, asylees, and other vulnerable 
              persons
    ``(a) In General.--If a person believed to have violated section 
1542, 1544, 1546, or 1548 while attempting to enter the United States, 
without delay, indicates an intention to apply for asylum under section 
208 or 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158 
and 1231), or for relief under the Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment (in accordance with 
section 208.17 of title 8, Code of Federal Regulations), or under 
section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 
216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in effect prior to March 31, 
1997) of such Act, or a credible fear of persecution or torture--
            ``(1) the person shall be referred to an appropriate 
        Federal immigration official to review such claim and make a 
        determination if such claim is warranted;
            ``(2) if the Federal immigration official determines that 
        the person qualifies for the claimed relief, the person shall 
        not be considered to have violated any such section; and
            ``(3) if the Federal immigration official determines that 
        the person does not qualify for the claimed relief, the person 
        shall be referred to an appropriate Federal official for 
        prosecution under this chapter.
    ``(b) Savings Provision.--Nothing in this section shall be 
construed to diminish, increase, or alter the obligations of refugees 
or the United States under article 31(1) of the Convention Relating to 
the Status of Refugees, done at Geneva July 28, 1951 (as made 
applicable by the Protocol Relating to the Status of Refugees, done at 
New York January 31, 1967 (19 UST 6223)).''.
            (2) Clerical amendment.--The table of chapters in title 18, 
        United States Code, is amended by striking the item relating to 
        chapter 75 and inserting the following:

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

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

    (a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C. 
1182(a)(2)(A)(i)) is amended--
            (1) in subclause (I), by striking ``, or'' at the end and 
        inserting a semicolon;
            (2) in subclause (II), by striking the comma at the end and 
        inserting ``; or''; and
            (3) by inserting after subclause (II) the following:
                                    ``(III) a violation of (or a 
                                conspiracy or attempt to violate) any 
                                provision of chapter 75 of title 18, 
                                United States Code,''.
    (b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C. 
1227(a)(3)(B)(iii)) is amended to read as follows:
                            ``(iii) of a violation of any provision of 
                        chapter 75 of title 18, United States Code,''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to proceedings pending on or after the date of the 
enactment of this Act, with respect to conduct occurring on or after 
that date.

SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

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

SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

    (a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Instead of removal proceedings.--If an alien is not 
        described in paragraph (2)(A)(iii) or (4) of section 237(a), 
        the Secretary of Homeland Security may permit the alien to 
        voluntarily depart the United States at the alien's own expense 
        under this subsection instead of being subject to proceedings 
        under section 240.'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (2) as paragraph 
                (3);
                    (D) by adding after paragraph (1) the following:
            ``(2) Before the conclusion of removal proceedings.--If an 
        alien is not described in paragraph (2)(A)(iii) or (4) of 
        section 237(a), the Attorney General may permit the alien to 
        voluntarily depart the United States at the alien's own expense 
        under this subsection after the initiation of removal 
        proceedings under section 240 and before the conclusion of such 
        proceedings before an immigration judge.'';
                    (E) in paragraph (3), as redesignated--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) Instead of removal.--Subject to subparagraph 
                (C), permission to voluntarily depart under paragraph 
                (1) shall not be valid for any period in excess of 120 
                days. The Secretary may require an alien permitted to 
                voluntarily depart under paragraph (1) to post a 
                voluntary departure bond, to be surrendered upon proof 
                that the alien has departed the United States within 
                the time specified.'';
                            (ii) by redesignating subparagraphs (B), 
                        (C), and (D) as paragraphs (C), (D), and (E), 
                        respectively;
                            (iii) by adding after subparagraph (A) the 
                        following:
                    ``(B) Before the conclusion of removal 
                proceedings.--Permission to voluntarily depart under 
                paragraph (2) shall not be valid for any period in 
                excess of 60 days, and may be granted only after a 
                finding that the alien has the means to depart the 
                United States and intends to do so. An alien permitted 
                to voluntarily depart under paragraph (2) shall post a 
                voluntary departure bond, in an amount necessary to 
                ensure that the alien will depart, to be surrendered 
                upon proof that the alien has departed the United 
                States within the time specified. An immigration judge 
                may waive the requirement to post a voluntary departure 
                bond in individual cases upon a finding that the alien 
                has presented compelling evidence that the posting of a 
                bond will pose a serious financial hardship and the 
                alien has presented credible evidence that such a bond 
                is unnecessary to guarantee timely departure.'';
                            (iv) in subparagraph (C), as redesignated, 
                        by striking ``subparagraphs (C) and(D)(ii)'' 
                        and inserting ``subparagraphs (D) and 
                        (E)(ii)'';
                            (v) in subparagraph (D), as redesignated, 
                        by striking ``subparagraph (B)'' each place 
                        that term appears and inserting ``subparagraph 
                        (C)''; and
                            (vi) in subparagraph (E), as redesignated, 
                        by striking ``subparagraph (B)'' each place 
                        that term appears and inserting ``subparagraph 
                        (C)''; and
                    (F) in paragraph (4), by striking ``paragraph (1)'' 
                and inserting ``paragraphs (1) and (2)'';
            (2) in subsection (b)(2), by striking ``a period exceeding 
        60 days'' and inserting ``any period in excess of 45 days'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Conditions on Voluntary Departure.--
            ``(1) Voluntary departure agreement.--Voluntary departure 
        may only be granted as part of an affirmative agreement by the 
        alien. A voluntary departure agreement under subsection (b) 
        shall include a waiver of the right to any further motion, 
        appeal, application, petition, or petition for review relating 
        to removal or relief or protection from removal.
            ``(2) Concessions by the secretary.--In connection with the 
        alien's agreement to depart voluntarily under paragraph (1), 
        the Secretary of Homeland Security may agree to a reduction in 
        the period of inadmissibility under subparagraph (A) or (B)(i) 
        of section 212(a)(9).
            ``(3) Advisals.--Agreements relating to voluntary departure 
        granted during removal proceedings under section 240, or at the 
        conclusion of such proceedings, shall be presented on the 
        record before the immigration judge. The immigration judge 
        shall advise the alien of the consequences of a voluntary 
        departure agreement before accepting such agreement.
            ``(4) Failure to comply with agreement.--
                    ``(A) In general.--If an alien agrees to voluntary 
                departure under this section and fails to depart the 
                United States within the time allowed for voluntary 
                departure or fails to comply with any other terms of 
                the agreement (including failure to timely post any 
                required bond), the alien is--
                            ``(i) ineligible for the benefits of the 
                        agreement;
                            ``(ii) subject to the penalties described 
                        in subsection (d); and
                            ``(iii) subject to an alternate order of 
                        removal if voluntary departure was granted 
                        under subsection (a)(2) or (b).
                    ``(B) Effect of filing timely appeal.--If, after 
                agreeing to voluntary departure, the alien files a 
                timely appeal of the immigration judge's decision 
                granting voluntary departure, the alien may pursue the 
                appeal instead of the voluntary departure agreement. 
                Such appeal operates to void the alien's voluntary 
                departure agreement and the consequences of such 
                agreement, but precludes the alien from another grant 
                of voluntary departure while the alien remains in the 
                United States.
            ``(5) Voluntary departure period not affected.--Except as 
        expressly agreed to by the Secretary in writing in the exercise 
        of the Secretary's discretion before the expiration of the 
        period allowed for voluntary departure, no motion, appeal, 
        application, petition, or petition for review shall affect, 
        reinstate, enjoin, delay, stay, or toll the alien's obligation 
        to depart from the United States during the period agreed to by 
        the alien and the Secretary.'';
            (4) by amending subsection (d) to read as follows:
    ``(d) Penalties for Failure To Depart.--If an alien is permitted to 
voluntarily depart under this section and fails to voluntarily depart 
from the United States within the time period specified or otherwise 
violates the terms of a voluntary departure agreement, the alien will 
be subject to the following penalties:
            ``(1) Civil penalty.--The alien shall be liable for a civil 
        penalty of $3,000. The order allowing voluntary departure shall 
        specify the amount of the penalty, which shall be acknowledged 
        by the alien on the record. If the Secretary thereafter 
        establishes that the alien failed to depart voluntarily within 
        the time allowed, no further procedure will be necessary to 
        establish the amount of the penalty, and the Secretary may 
        collect the civil penalty at any time thereafter and by 
        whatever means provided by law. An alien will be ineligible for 
        any benefits under this chapter until this civil penalty is 
        paid.
            ``(2) Ineligibility for relief.--The alien shall be 
        ineligible during the time the alien remains in the United 
        States and for a period of 10 years after the alien's departure 
        for any further relief under this section and sections 240A, 
        245, 248, and 249. The order permitting the alien to depart 
        voluntarily shall inform the alien of the penalties under this 
        subsection.
            ``(3) Reopening.--The alien shall be ineligible to reopen 
        the final order of removal that took effect upon the alien's 
        failure to depart, or upon the alien's other violations of the 
        conditions for voluntary departure, during the period described 
        in paragraph (2). This paragraph does not preclude a motion to 
        reopen to seek withholding of removal under section 241(b)(3) 
        or protection against torture, if the motion--
                    ``(A) presents material evidence of changed country 
                conditions arising after the date of the order granting 
                voluntary departure in the country to which the alien 
                would be removed; and
                    ``(B) makes a sufficient showing to the 
                satisfaction of the Attorney General that the alien is 
                otherwise eligible for such protection.''; and
            (5) by amending subsection (e) to read as follows:
    ``(e) Eligibility.--
            ``(1) Prior grant of voluntary departure.--An alien shall 
        not be permitted to voluntarily depart under this section if 
        the Secretary of Homeland Security or the Attorney General 
        previously permitted the alien to depart voluntarily.
            ``(2) Rulemaking.--The Secretary may promulgate regulations 
        to limit eligibility or impose additional conditions for 
        voluntary departure under subsection (a)(1) for any class of 
        aliens. The Secretary or Attorney General may by regulation 
        limit eligibility or impose additional conditions for voluntary 
        departure under subsections (a)(2) or (b) of this section for 
        any class or classes of aliens.''; and
            (6) in subsection (f), by adding at the end the following: 
        ``Notwithstanding section 242(a)(2)(D) of this Act, sections 
        1361, 1651, and 2241 of title 28, United States Code, any other 
        habeas corpus provision, and any other provision of law 
        (statutory or nonstatutory), no court shall have jurisdiction 
        to affect, reinstate, enjoin, delay, stay, or toll the period 
        allowed for voluntary departure under this section.''.
    (b) Rulemaking.--The Secretary shall promulgate regulations to 
provide for the imposition and collection of penalties for failure to 
depart under section 240B(d) of the Immigration and Nationality Act (8 
U.S.C. 1229c(d)).
    (c) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to all 
        orders granting voluntary departure under section 240B of the 
        Immigration and Nationality Act (8 U.S.C. 1229c) made on or 
        after the date that is 180 days after the enactment of this 
        Act.
            (2) Exception.--The amendment made by subsection (a)(6) 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to any petition for review which is 
        filed on or after such date.

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

    (a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C. 
1182(a)(9)(A)) is amended--
            (1) in clause (i), by striking ``seeks admission within 5 
        years of the date of such removal (or within 20 years'' and 
        inserting ``seeks admission not later than 5 years after the 
        date of the alien's removal (or not later than 20 years after 
        the alien's removal''; and
            (2) in clause (ii), by striking ``seeks admission within 10 
        years of the date of such alien's departure or removal (or 
        within 20 years of'' and inserting ``seeks admission not later 
        than 10 years after the date of the alien's departure or 
        removal (or not later than 20 years after''.
    (b) Bar on Discretionary Relief.--Section 274D (9 U.S.C. 324d) is 
amended--
            (1) in subsection (a), by striking ``Commissioner'' and 
        inserting ``Secretary of Homeland Security''; and
            (2) by adding at the end the following:
    ``(c) Ineligibility for Relief.--
            ``(1) In general.--Unless a timely motion to reopen is 
        granted under section 240(c)(6), an alien described in 
        subsection (a) shall be ineligible for any discretionary relief 
        from removal (including cancellation of removal and adjustment 
        of status) during the time the alien remains in the United 
        States and for a period of 10 years after the alien's departure 
        from the United States.
            ``(2) Savings provision.--Nothing in paragraph (1) shall 
        preclude a motion to reopen to seek withholding of removal 
        under section 241(b)(3) or protection against torture, if the 
        motion--
                    ``(A) presents material evidence of changed country 
                conditions arising after the date of the final order of 
                removal in the country to which the alien would be 
                removed; and
                    ``(B) makes a sufficient showing to the 
                satisfaction of the Attorney General that the alien is 
                otherwise eligible for such protection.''.
    (c) Effective Dates.--The amendments made by this section shall 
take effect on the date of the enactment of this Act with respect to 
aliens who are subject to a final order of removal entered on or after 
such date.

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

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

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

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

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

SEC. 215. DIPLOMATIC SECURITY SERVICE.

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

SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

    (a) In General.--Section 103 (8 U.S.C. 1103) is amended--
            (1) by amending subsection (f) to read as follows:
    ``(f) Minimum Number of Agents in States.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        allocate to each State--
                    ``(A) not fewer than 40 full-time active duty 
                agents of the Bureau of Immigration and Customs 
                Enforcement to--
                            ``(i) investigate immigration violations; 
                        and
                            ``(ii) ensure the departure of all 
                        removable aliens; and
                    ``(B) not fewer than 15 full-time active duty 
                agents of the Bureau of Citizenship and Immigration 
                Services to carry out immigration and naturalization 
                adjudication functions.
            ``(2) Waiver.--The Secretary may waive the application of 
        paragraph (1) for any State with a population of less than 
        2,000,000, as most recently reported by the Bureau of the 
        Census''; and
            (2) by adding at the end the following:
    ``(i) Notwithstanding any other provision of law, appropriate 
background and security checks, as determined by the Secretary of 
Homeland Security, shall be completed and assessed and any suspected or 
alleged fraud relating to the granting of any status (including the 
granting of adjustment of status), relief, protection from removal, or 
other benefit under this Act shall be investigated and resolved before 
the Secretary or the Attorney General may--
            ``(1) grant or order the grant of adjustment of status of 
        an alien to that of an alien lawfully admitted for permanent 
        residence;
            ``(2) grant or order the grant of any other status, relief, 
        protection from removal, or other benefit under the immigration 
        laws; or
            ``(3) issue any documentation evidencing or related to such 
        grant by the Secretary, the Attorney General, or any court.''.
    (b) Effective Date.--The amendment made by subsection (a)(1) shall 
take effect on the date that is 90 days after the date of the enactment 
of this Act.
    (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 fiscal years 2007 through 2011 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.
    (d) Report on Background and Security Checks.--
            (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 Services
            (2) Content.--The report required under paragraph (1) shall 
        include--
                    (A) a description of the background and security 
                check program;
                    (B) a statistical breakdown of the background and 
                security check delays associated with different types 
                of immigration applications;
                    (C) a statistical breakdown of the background and 
                security check delays by applicant country of origin; 
                and
                    (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.

SEC. 217. CONSTRUCTION.

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

``SEC. 362. CONSTRUCTION.

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

``Sec. 362. Construction.''.

SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

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

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

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

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

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

SEC. 221. ALTERNATIVES TO DETENTION.

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

SEC. 222. CONFORMING AMENDMENT.

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

SEC. 223. REPORTING REQUIREMENTS.

    (a) Clarifying Address Reporting Requirements.--Section 265 (8 
U.S.C. 1305) is amended--
            (1) in subsection (a)--
                    (A) by striking ``notify the Attorney General in 
                writing'' and inserting ``submit written or electronic 
                notification to the Secretary of Homeland Security, in 
                a manner approved by the Secretary,'';
                    (B) by striking ``the Attorney General may require 
                by regulation'' and inserting ``the Secretary may 
                require''; and
                    (C) by adding at the end the following: ``If the 
                alien is involved in proceedings before an immigration 
                judge or in an administrative appeal of such 
                proceedings, the alien shall submit to the Attorney 
                General the alien's current address and a telephone 
                number, if any, at which the alien may be contacted.'';
            (2) in subsection (b), by striking ``Attorney General'' 
        each place such term appears and inserting ``Secretary of 
        Homeland Security'';
            (3) in subsection (c), by striking ``given to such parent'' 
        and inserting ``given by such parent''; and
            (4) by adding at the end the following:
    ``(d) Address To Be Provided.--
            ``(1) In general.--Except as otherwise provided by the 
        Secretary under paragraph (2), an address provided by an alien 
        under this section shall be the alien's current residential 
        mailing address, and shall not be a post office box or other 
        non-residential mailing address or the address of an attorney, 
        representative, labor organization, or employer.
            ``(2) Specific requirements.--The Secretary may provide 
        specific requirements with respect to--
                    ``(A) designated classes of aliens and special 
                circumstances, including aliens who are employed at a 
                remote location; and
                    ``(B) the reporting of address information by 
                aliens who are incarcerated in a Federal, State, or 
                local correctional facility.
            ``(3) Detention.--An alien who is being detained by the 
        Secretary under this Act is not required to report the alien's 
        current address under this section during the time the alien 
        remains in detention, but shall be required to notify the 
        Secretary of the alien's address under this section at the time 
        of the alien's release from detention.
    ``(e) Use of Most Recent Address Provided by the Alien.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may provide for the appropriate coordination 
        and cross referencing of address information provided by an 
        alien under this section with other information relating to the 
        alien's address under other Federal programs, including--
                    ``(A) any information pertaining to the alien, 
                which is submitted in any application, petition, or 
                motion filed under this Act with the Secretary of 
                Homeland Security, the Secretary of State, or the 
                Secretary of Labor;
                    ``(B) any information available to the Attorney 
                General with respect to an alien in a proceeding before 
                an immigration judge or an administrative appeal or 
                judicial review of such proceeding;
                    ``(C) any information collected with respect to 
                nonimmigrant foreign students or exchange program 
                participants under section 641 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1372); and
                    ``(D) any information collected from State or local 
                correctional agencies pursuant to the State Criminal 
                Alien Assistance Program.
            ``(2) Reliance.--The Secretary may rely on the most recent 
        address provided by the alien under this section or section 264 
        to send to the alien any notice, form, document, or other 
        matter pertaining to Federal immigration laws, including 
        service of a notice to appear. The Attorney General and the 
        Secretary may rely on the most recent address provided by the 
        alien under section 239(a)(1)(F) to contact the alien about 
        pending removal proceedings.
            ``(3) Obligation.--The alien's provision of an address for 
        any other purpose under the Federal immigration laws does not 
        excuse the alien's obligation to submit timely notice of the 
        alien's address to the Secretary under this section (or to the 
        Attorney General under section 239(a)(1)(F) with respect to an 
        alien in a proceeding before an immigration judge or an 
        administrative appeal of such proceeding).''.
    (b) Conforming Changes With Respect to Registration Requirements.--
Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--
            (1) in section 262(c), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'';
            (2) in section 263(a), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security''; and
            (3) in section 264--
                    (A) in subsections (a), (b), (c), and (d), by 
                striking ``Attorney General'' each place it appears and 
                inserting ``Secretary of Homeland Security''; and
                    (B) in subsection (f)--
                            (i) by striking ``Attorney General is 
                        authorized'' and inserting ``Secretary of 
                        Homeland Security and Attorney General are 
                        authorized''; and
                            (ii) by striking ``Attorney General or the 
                        Service'' and inserting ``Secretary or the 
                        Attorney General''.
    (c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Failure To Provide Notice of Alien's Current Address.--
            ``(1) Criminal penalties.--Any alien or any parent or legal 
        guardian in the United States of any minor alien who fails to 
        notify the Secretary of Homeland Security of the alien's 
        current address in accordance with section 265 shall be fined 
        under title 18, United States Code, imprisoned for not more 
        than 6 months, or both.
            ``(2) Effect on immigration status.--Any alien who violates 
        section 265 (regardless of whether the alien is punished under 
        paragraph (1)) and does not establish to the satisfaction of 
        the Secretary that such failure was reasonably excusable or was 
        not willful shall be taken into custody in connection with 
        removal of the alien. If the alien has not been inspected or 
        admitted, or if the alien has failed on more than 1 occasion to 
        submit notice of the alien's current address as required under 
        section 265, the alien may be presumed to be a flight risk. The 
        Secretary or the Attorney General, in considering any form of 
        relief from removal which may be granted in the discretion of 
        the Secretary or the Attorney General, may take into 
        consideration the alien's failure to comply with section 265 as 
        a separate negative factor. If the alien failed to comply with 
        the requirements of section 265 after becoming subject to a 
        final order of removal, deportation, or exclusion, the alien's 
        failure shall be considered as a strongly negative factor with 
        respect to any discretionary motion for reopening or 
        reconsideration filed by the alien.'';
            (2) in subsection (c), by inserting ``or a notice of 
        current address'' before ``containing statements''; and
            (3) in subsections (c) and (d), by striking ``Attorney 
        General'' each place it appears and inserting ``Secretary''.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to proceedings 
        initiated on or after the date of the enactment of this Act.
            (2) Conforming and technical amendments.--The amendments 
        made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection 
        (a) are effective as if enacted on March 1, 2003.

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

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

SEC. 225. REMOVAL OF DRUNK DRIVERS.

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

SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.

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

SEC. 227. EXPEDITED REMOVAL.

    (a) In General.--Section 238 (8 U.S.C. 1228) is amended--
            (1) by striking the section heading and inserting 
        ``expedited removal of criminal aliens'';
            (2) in subsection (a), by striking the subsection heading 
        and inserting: ``Expedited Removal From Correctional 
        Facilities.--'';
            (3) in subsection (b), by striking the subsection heading 
        and inserting: ``Removal of Criminal Aliens.--'';
            (4) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--The Secretary of Homeland Security may, 
        in the case of an alien described in paragraph (2), determine 
        the deportability of such alien and issue an order of removal 
        pursuant to the procedures set forth in this subsection or 
        section 240.
            ``(2) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    ``(A) has not been lawfully admitted to the United 
                States for permanent residence; and
                    ``(B) was convicted of any criminal offense 
                described in subparagraph (A)(iii), (C), or (D) of 
                section 237(a)(2).'';
            (5) in the subsection (c) that relates to presumption of 
        deportability, by striking ``convicted of an aggravated 
        felony'' and inserting ``described in subsection (b)(2)'';
            (6) by redesignating the subsection (c) that relates to 
        judicial removal as subsection (d); and
            (7) in subsection (d)(5) (as so redesignated), by striking 
        ``, who is deportable under this Act,''.
    (b) Application to Certain Aliens.--
            (1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C. 
        1225(b)(1)(A)(iii)) is amended--
                    (A) in subclause (I), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security'' each place it appears; and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(III) Exception.--Notwithstanding 
                                subclauses (I) and (II), the Secretary 
                                of Homeland Security shall apply 
                                clauses (i) and (ii) of this 
                                subparagraph to any alien (other than 
                                an alien described in subparagraph (F)) 
                                who is not a national of a country 
                                contiguous to the United States, who 
                                has not been admitted or paroled into 
                                the United States, and who is 
                                apprehended within 100 miles of an 
                                international land border of the United 
                                States and within 14 days of entry.''.
            (2) Exceptions.--Section 235(b)(1)(F) of the Immigration 
        and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--
                    (A) by striking ``and who arrives by aircraft at a 
                port of entry'' and inserting ``and--''; and
                    (B) by adding at the end the following:
                            ``(i) who arrives by aircraft at a port of 
                        entry; or
                            ``(ii) who is present in the United States 
                        and arrived in any manner at or between a port 
                        of entry.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens apprehended or convicted on or after such date.

SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

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

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

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

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

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

SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.

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

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

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

SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.

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

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

    (a) Construction or Acquisition of Detention Facilities.--
            (1) In general.--The Secretary shall construct or acquire, 
        in addition to existing facilities for the detention of aliens, 
        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.
    (b) Construction of or Acquisition of Detention Facilities.--
            (1) Requirement to construct or acquire.--The Secretary 
        shall construct or acquire additional detention facilities in 
        the United States to accommodate the detention beds required by 
        section 5204(a) of the Intelligence Reform and Terrorism 
        Protection Act of 2004, as amended by subsection (a), subject 
        to available appropriations.
            (2) Use of alternate detention facilities.--Subject to the 
        availability of appropriations, the Secretary shall fully 
        utilize all possible options to cost effectively increase 
        available detention capacities, and shall utilize detention 
        facilities that are owned and operated by the Federal 
        Government if the use of such facilities is cost effective.
            (3) Use of installations under base closure laws.--In 
        acquiring additional detention facilities under this 
        subsection, the Secretary shall consider the transfer of 
        appropriate portions of military installations approved for 
        closure or realignment under the Defense Base Closure and 
        Realignment Act of 1990 (part A of title XXIX of Public Law 
        101-510; 10 U.S.C. 2687 note) for use in accordance with 
        subsection (a).
            (4) Determination of location.--The location of any 
        detention facility constructed or acquired in accordance with 
        this subsection shall be determined, with the concurrence of 
        the Secretary, by the senior officer responsible for Detention 
        and Removal Operations in the Department. The detention 
        facilities shall be located so as to enable the officers and 
        employees of the Department to increase to the maximum extent 
        practicable the annual rate and level of removals of illegal 
        aliens from the United States.
    (c) 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.
    (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''.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

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

    (a) Responsibility of United States Attorneys.--Beginning not later 
than 2 years after the date of the enactment of this Act, the office of 
the United States Attorney that is prosecuting a criminal case in a 
Federal court--
            (1) shall determine, not later than 30 days after filing 
        the initial pleadings in the case, whether each defendant in 
        the case is lawfully present in the United States (subject to 
        subsequent legal proceedings to determine otherwise);
            (2)(A) if the defendant is determined to be an alien 
        lawfully present in the United States, shall notify the court 
        in writing of the determination and the current status of the 
        alien under the Immigration and Nationality Act (8 U.S.C. 1101 
        et seq.); and
            (B) if the defendant is determined not to be lawfully 
        present in the United States, shall notify the court in writing 
        of the determination, the defendant's alien status, and, to the 
        extent possible, the country of origin or legal residence of 
        the defendant; and
            (3) ensure that the information described in paragraph (2) 
        is included in the case file and the criminal records system of 
        the office of the United States attorney.
    (b) Guidelines.--A determination made under subsection (a)(1) shall 
be made in accordance with guidelines of the Executive Office for 
Immigration Review of the Department of Justice.
    (c) Responsibilities of Federal Courts.--
            (1) Modifications of records and case managements 
        systems.--Not later than 2 years after the date of the 
        enactment of this Act, all Federal courts that hear criminal 
        cases, or appeals of criminal cases, shall modify their 
        criminal records and case management systems, in accordance 
        with guidelines which the Director of the Administrative Office 
        of the United States Courts shall establish, so as to enable 
        accurate reporting of information described in subsection 
        (a)(2).
            (2) Data entries.--Beginning not later than 2 years after 
        the date of the enactment of this Act, each Federal court 
        described in paragraph (1) shall enter into its electronic 
        records the information contained in each notification to the 
        court under subsection (a)(2).
    (d) Construction.--Nothing in this section may be construed to 
provide a basis for admitting evidence to a jury or releasing 
information to the public regarding an alien's immigration status.
    (e) Annual Report to Congress.--The Director of the Administrative 
Office of the United States Courts shall include, in the annual report 
filed with Congress under section 604 of title 28, United States Code--
            (1) statistical information on criminal trials of aliens in 
        the courts and criminal convictions of aliens in the lower 
        courts and upheld on appeal, including the type of crime in 
        each case and including information on the legal status of the 
        aliens; and
            (2) recommendations on whether additional court resources 
        are needed to accommodate the volume of criminal cases brought 
        against aliens in the Federal courts.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2007 through 2011, such sums as 
may be necessary to carry out this Act. Funds appropriated pursuant to 
this subsection in any fiscal year shall remain available until 
expended.

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 (JPATS) so that such System provides 
additional services with respect to aliens who are illegally present in 
the United States. Such expansion should include--
            (1) increasing the daily operations of such System with 
        buses and air hubs in 3 geographic regions;
            (2) allocating a set number of seats for such aliens for 
        each metropolitan area;
            (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; and
            (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.

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

    ``(a) Making Employment of Unauthorized Aliens Unlawful.--
            ``(1) In general.--It is unlawful for an employer--
                    ``(A) to hire, or to recruit or refer for a fee, an 
                alien for employment in the United States knowing, or 
                with reckless disregard, that the alien is an 
                unauthorized alien with respect to such employment; or
                    ``(B) to hire, or to recruit or refer for a fee, 
                for employment in the United States an individual 
                unless such employer meets the requirements of 
                subsections (c) and (d).
            ``(2) Continuing employment.--It is unlawful for an 
        employer, after lawfully hiring an alien for employment, to 
        continue to employ the alien in the United States knowing that 
        the alien is (or has become) an unauthorized alien with respect 
        to such employment.
            ``(3) Use of labor through contract.--
                    ``(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--
                            ``(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); or
                            ``(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).
                    ``(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).
                    ``(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).
                    ``(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).
            ``(4) Defense.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                employer that establishes that the employer has 
                complied in good faith with the requirements of 
                subsections (c) and (d) has established an affirmative 
                defense that the employer has not violated paragraph 
                (1)(A) with respect to such hiring, recruiting, or 
                referral.
                    ``(B) Exception.--Until the date that an employer 
                is required to participate in the Electronic Employment 
                Verification System under subsection (d) or is 
                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).
    ``(b) Order of Internal Review and Certification of Compliance.--
            ``(1) Authority to require certification.--If the Secretary 
        has reasonable cause to believe that an employer has failed to 
        comply with this section, the Secretary is authorized, at any 
        time, to require that the employer certify that the employer is 
        in compliance with this section, or has instituted a program to 
        come into compliance.
            ``(2) Content of certification.--Not later than 60 days 
        after the date an employer receives a request for a 
        certification under paragraph (1) the employer shall certify 
        under penalty of perjury that--
                    ``(A) the employer is in compliance with the 
                requirements of subsections (c) and (d); or
                    ``(B) that the employer has instituted a program to 
                come into compliance with such requirements.
            ``(3) Extension.--The 60-day period referred to in 
        paragraph (2), may be extended by the Secretary for good cause, 
        at the request of the employer.
            ``(4) Publication.--The Secretary is authorized to publish 
        in the Federal Register standards or methods for certification 
        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.
    ``(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:
            ``(1) Attestation by employer.--
                    ``(A) Requirements.--
                            ``(i) In general.--The employer shall 
                        attest, under penalty of perjury and on a form 
                        prescribed by the Secretary, that the employer 
                        has verified the identity and eligibility for 
                        employment of the individual by examining a 
                        document described in subparagraph (B).
                            ``(ii) Signature requirements.--An 
                        attestation required by clause (i) may be 
                        manifested by a handwritten or electronic 
                        signature.
                            ``(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.
                    ``(B) Identification documents.--A document 
                described in this subparagraph is--
                            ``(i) in the case of an individual who is a 
                        national of the United States--
                                    ``(I) a United States passport; or
                                    ``(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);
                            ``(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;
                            ``(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--
                                    ``(I) contains a photograph of the 
                                individual or other identifying 
                                information, including name, date of 
                                birth, gender, and address; and
                                    ``(II) contains security features 
                                to make the document resistant to 
                                tampering, counterfeiting, and 
                                fraudulent use;
                            ``(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--
                                    ``(I) contains a photograph of the 
                                individual or other identifying 
                                information, including name, date of 
                                birth, gender, and address; and
                                    ``(II) contains security features 
                                to make the document resistant to 
                                tampering, counterfeiting, and 
                                fraudulent use; or
                            ``(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 2006, the Secretary 
                        had established by regulation were sufficient 
                        for purposes of this section.
                    ``(C) Authority to prohibit use of certain 
                documents.--
                            ``(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.
                            ``(ii) Requirement for publication.--The 
                        Secretary shall publish notice of any findings 
                        under clause (i) in the Federal Register.
            ``(2) Attestation of employee.--
                    ``(A) Requirements.--
                            ``(i) In general.--The individual shall 
                        attest, under penalty of perjury on the form 
                        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.
                            ``(ii) Signature for examination.--An 
                        attestation required by clause (i) may be 
                        manifested by a handwritten or electronic 
                        signature.
                    ``(B) Penalties.--An individual who falsely 
                represents that the individual is eligible for 
                employment in the United States in an attestation 
                required by subparagraph (A) shall, for each such 
                violation, be subject to a fine of not more than 
                $5,000, a term of imprisonment not to exceed 3 years, 
                or both.
            ``(3) Retention of attestation.--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--
                    ``(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; or
                    ``(B) in the case of the hiring of an individual 
                the later of--
                            ``(i) 5 years after the date of such 
                        hiring;
                            ``(ii) 1 year after the date the 
                        individual's employment is terminated; or
                            ``(iii) in the case of an employer or class 
                        of employers, a period that is less than the 
                        applicable period described in clause (i) or 
                        (ii) if the Secretary reduces such period for 
                        such employer or class of employers.
            ``(4) Document retention and recordkeeping requirements.--
                    ``(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:
                            ``(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.
                            ``(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.
                    ``(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.
            ``(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).
            ``(6) No authorization of national identification cards.--
        Nothing in this section may be construed to authorize, directly 
        or indirectly, the issuance, use, or establishment of a 
        national identification card.
    ``(d) Electronic Employment Verification System.--
            ``(1) Requirement for system.--The Secretary, in 
        cooperation with the Commissioner of Social Security, shall 
        implement an Electronic Employment Verification System 
        (referred to in this subsection as the `System') to determine 
        whether--
                    ``(A) the identifying information submitted by an 
                individual is consistent with the information 
                maintained by the Secretary or the Commissioner of 
                Social Security; and
                    ``(B) such individual is eligible for employment in 
                the United States.
            ``(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.
            ``(3) Other participation in system.--Notwithstanding 
        paragraph (2), the Secretary has the authority--
                    ``(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; and
                    ``(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 2006--
                            ``(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; or
                            ``(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).
            ``(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).
            ``(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.
            ``(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--
                    ``(A) the attestation requirement in subsection 
                (c); and
                    ``(B) the employment eligibility verification 
                requirements in this subsection.
            ``(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--
                    ``(A) such failure shall be treated as a violation 
                of subsection (a)(1)(B); and
                    ``(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).
            ``(8) Design and operation of system.--
                    ``(A) In general.--The Secretary shall, through the 
                System--
                            ``(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; and
                            ``(ii) maintain a record of each such 
                        inquiry and the information provided in 
                        response to such inquiry.
                    ``(B) Initial inquiry.--
                            ``(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)--
                                    ``(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;
                                    ``(II) the individual's social 
                                security account number;
                                    ``(III) the employment 
                                identification number of the 
                                individual's employer during any one of 
                                the 5 most recently completed calendar 
                                years; and
                                    ``(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.
                            ``(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--
                                    ``(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); or
                                    ``(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.
                            ``(iii) EIN requirements.--
                                    ``(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).
                                    ``(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.
                    ``(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--
                            ``(i) if the System is able to confirm the 
                        individual's identity and eligibility for 
                        employment in the United States, a confirmation 
                        notice, including the appropriate codes on such 
                        confirmation notice; or
                            ``(ii) if the System is unable to confirm 
                        the individual's identity or eligibility for 
                        employment in the United States, and after a 
                        secondary manual verification has been 
                        conducted, a tentative nonconfirmation notice, 
                        including the appropriate codes on such 
                        tentative nonconfirmation notice.
                    ``(D) Confirmation or nonconfirmation.--
                            ``(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.
                            ``(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).
                            ``(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.
                            ``(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.
                            ``(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--
                                    ``(I) a final confirmation notice 
                                or final nonconfirmation notice is 
                                issued through the System; or
                                    ``(II) 30 days after the individual 
                                contests a tentative nonconfirmation 
                                under clause (iv).
                            ``(vi) Automatic final notice.--
                                    ``(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.
                                    ``(II) Period prior to initial 
                                certification.--During the period 
                                beginning on the date of the enactment 
                                of the Comprehensive Immigration Reform 
                                Act of 2006 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.
                                    ``(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.
                                    ``(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.
                            ``(vii) Effective period of final notice.--
                        A final confirmation notice issued under this 
                        paragraph for an individual shall remain in 
                        effect--
                                    ``(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; or
                                    ``(II) in the case of an alien 
                                authorized to be employed in the United 
                                States for a temporary period, during 
                                such period.
                            ``(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.
                            ``(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.
                            ``(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).
                    ``(E) Responsibilities of the secretary.--
                            ``(i) In general.--The Secretary shall 
                        establish a reliable, secure method to provide 
                        through the System, within the time periods 
                        required by this subsection--
                                    ``(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; 
                                and
                                    ``(II) a determination of whether 
                                the individual is authorized to be 
                                employed in the United States.
                            ``(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--
                                    ``(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); and
                                    ``(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.
                            ``(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.
                            ``(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--
                                    ``(I) information about the reason 
                                for such notice;
                                    ``(II) the right to contest such 
                                notice;
                                    ``(III) contact information for the 
                                appropriate agency and instructions for 
                                initiating such contest; and
                                    ``(IV) a 24-hour toll-free 
                                telephone number to respond to 
                                inquiries related to such notice.
                            ``(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).
                    ``(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.
            ``(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.
            ``(10) Administrative review.--
                    ``(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.
                    ``(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.
                    ``(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--
                            ``(i) an error or negligence on the part of 
                        an employee or official operating or 
                        responsible for the System;
                            ``(ii) the decision rules, processes, or 
                        procedures utilized by the System; or
                            ``(iii) erroneous system information that 
                        was not the result of acts or omissions of the 
                        individual.
                    ``(D) Compensation for error.--
                            ``(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.
                            ``(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.
                    ``(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.
                    ``(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.
            ``(11) Judicial review.--
                    ``(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.
                    ``(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.
                    ``(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.
                    ``(D) Compensation for error.--
                            ``(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.
                            ``(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.
            ``(12) Limitation on collection and use of data.--
                    ``(A) Limitation on collection of data.--
                            ``(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--
                                    ``(I) information necessary to 
                                register employers under paragraph (5);
                                    ``(II) information necessary to 
                                initiate and respond to inquiries or 
                                contests under paragraph (8);
                                    ``(III) information necessary to 
                                establish and enforce compliance with 
                                paragraphs (5) and (8);
                                    ``(IV) information necessary to 
                                detect and prevent employment related 
                                identity fraud; and
                                    ``(V) such other information the 
                                Secretary determines is necessary, 
                                subject to a 180 day notice and comment 
                                period in the Federal Register.
                            ``(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.
                    ``(B) Limitation on use of data.--Whoever willfully 
                and knowingly accesses, discloses, or uses any 
                information obtained or maintained by the System--
                            ``(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;
                            ``(ii) for the purpose of unlawfully 
                        obtaining employment in the United States or 
                        unlawfully obtaining employment in the United 
                        States for any other person; or
                            ``(iii) for any purpose other than as 
                        provided for under any provision of law;
                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.
                    ``(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.
            ``(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.
            ``(14) Annual gao study and report.--
                    ``(A) Requirement.--The Comptroller General of the 
                United States shall conduct an annual study of the 
                System.
                    ``(B) Purpose.--The study shall evaluate the 
                accuracy, efficiency, integrity, and impact of the 
                System.
                    ``(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:
                            ``(i) An assessment of the annual report 
                        and certification described in paragraph 
                        (8)(E)(ii).
                            ``(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.
                            ``(iii) An assessment of the privacy and 
                        security of the System and its effects on 
                        identity fraud or the misuse of personal data.
                            ``(iv) An assessment of the effects of the 
                        System on the employment of unauthorized 
                        aliens.
                            ``(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.
                            ``(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.
    ``(e) Compliance.--
            ``(1) Complaints and investigations.--The Secretary shall 
        establish procedures--
                    ``(A) for individuals and entities to file 
                complaints regarding potential violations of subsection 
                (a);
                    ``(B) for the investigation of such complaints that 
                the Secretary determines are appropriate to 
                investigate; and
                    ``(C) for the investigation of other violations of 
                subsection (a) that the Secretary determines is 
                appropriate.
            ``(2) Authority in investigations.--
                    ``(A) In general.--In conducting investigations and 
                hearings under this subsection, officers and employees 
                of the Department of Homeland Security--
                            ``(i) shall have reasonable access to 
                        examine evidence regarding any employer being 
                        investigated; and
                            ``(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.
                    ``(B) Failure to cooperate.--In case of refusal to 
                obey a subpoena lawfully issued under subparagraph 
                (A)(ii), the Secretary may request that the Attorney 
                General apply in an appropriate district court of the 
                United States for an order requiring compliance with 
                such subpoena, and any failure to obey such order may 
                be punished by such court as contempt.
                    ``(C) Department of labor.--The Secretary of Labor 
                shall have the investigative authority provided under 
                section 11(a) of the Fair Labor Standards Act of 1938 
                (29 U.S.C. 211(a)) to ensure compliance with the 
                provisions of this section.
            ``(3) Compliance procedures.--
                    ``(A) Prepenalty notice.--If the Secretary has 
                reasonable cause to believe that there has been a 
                violation of a requirement of this section and 
                determines that further proceedings related to such 
                violation are warranted, the Secretary shall issue to 
                the employer concerned a written notice of the 
                Secretary's intention to issue a claim for a fine or 
                other penalty. Such notice shall--
                            ``(i) describe the violation;
                            ``(ii) specify the laws and regulations 
                        allegedly violated;
                            ``(iii) specify the amount of fines or 
                        other penalties to be imposed;
                            ``(iv) disclose the material facts which 
                        establish the alleged violation; and
                            ``(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.
                    ``(B) Remission or mitigation of penalties.--
                            ``(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.
                            ``(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.
                    ``(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.
            ``(4) Civil penalties.--
                    ``(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:
                            ``(i) Pay a civil penalty of not less than 
                        $500 and not more than $4,000 for each 
                        unauthorized alien with respect to each such 
                        violation.
                            ``(ii) If the employer has previously been 
                        fined 1 time during the 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.
                            ``(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.
                    ``(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:
                            ``(i) Pay a civil penalty of not less than 
                        $200 and not more than $2,000 for each such 
                        violation.
                            ``(ii) If the employer has previously been 
                        fined 1 time 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.
                            ``(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.
                    ``(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).
            ``(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.
            ``(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.
            ``(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.
    ``(f) Criminal Penalties and Injunctions for Pattern or Practice 
Violations.--
            ``(1) Criminal penalty.--An employer that engages in a 
        pattern or practice of knowing violations of subsection 
        (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for 
        each unauthorized alien with respect to whom such a violation 
        occurs, imprisoned for not more than 3 years for the entire 
        pattern or practice, or both.
            ``(2) Enjoining of pattern or practice violations.--If the 
        Secretary or the Attorney General has reasonable cause to 
        believe that an employer is engaged in a pattern or practice of 
        employment, recruitment, or referral in violation of paragraph 
        (1)(A) or (2) of subsection (a), the Attorney General may bring 
        a civil action in the appropriate district court of the United 
        States requesting a permanent or temporary injunction, 
        restraining order, or other order against the employer, as the 
        Secretary deems necessary.
    ``(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.
    ``(h) Prohibition of Indemnity Bonds.--
            ``(1) Prohibition.--It is unlawful for an employer, in the 
        hiring, recruiting, or referring for a fee, of an individual, 
        to require the individual to post a bond or security, to pay or 
        agree to pay an amount, or otherwise to provide a financial 
        guarantee or indemnity, against any potential liability arising 
        under this section relating to such hiring, recruiting, or 
        referring of the individual.
            ``(2) Civil penalty.--Any employer which is determined, 
        after notice and opportunity for mitigation of the monetary 
        penalty under subsection (e), to have violated paragraph (1) of 
        this subsection shall be subject to a civil penalty of $10,000 
        for each violation and to an administrative order requiring the 
        return of any amounts received in violation of such paragraph 
        to the employee or, if the employee cannot be located, to the 
        Employer Compliance Fund established under section 286(w).
    ``(i) Prohibition on Award of Government Contracts, Grants, and 
Agreements.--
            ``(1) Employers with no contracts, grants, or agreements.--
                    ``(A) In general.--If an employer who does not hold 
                a Federal contract, grant, or cooperative agreement is 
                determined by the Secretary to be a repeat violator of 
                this section or is convicted of a crime under this 
                section, the employer shall be debarred from the 
                receipt of a Federal contract, grant, or cooperative 
                agreement for a period of 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.
                    ``(B) Waiver.--The Administrator of General 
                Services, in consultation with the Secretary and the 
                Attorney General, may waive operation of this 
                subsection or may limit the duration or scope of the 
                debarment.
            ``(2) Employers with contracts, grants, or agreements.--
                    ``(A) In general.--An employer who holds a Federal 
                contract, grant, or cooperative agreement and is 
                determined by the Secretary 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.
                    ``(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.
                    ``(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.
            ``(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.
    ``(j) Miscellaneous Provisions.--
            ``(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).
            ``(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.
    ``(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).
    ``(l) Definitions.--In this section:
            ``(1) Employer.--The term `employer' means any person or 
        entity, including any entity of the Government of the United 
        States, hiring, recruiting, or referring an individual for 
        employment in the United States.
            ``(2) Secretary.--Except as otherwise provided, the term 
        `Secretary' means the Secretary of Homeland Security.
            ``(3) Unauthorized alien.--The term `unauthorized alien' 
        means, with respect to the employment of an alien at a 
        particular time, that the alien is not at that time either--
                    ``(A) an alien lawfully admitted for permanent 
                residence; or
                    ``(B) authorized to be so employed by this Act or 
                by the Secretary.''.
    (b) Conforming Amendments.--
            (1) Amendments.--
                    (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.
                    (B) Repeal of reporting requirements.--
                            (i) Report on earnings of aliens not 
                        authorized to work.--Subsection (c) of section 
                        290 (8 U.S.C. 1360) is repealed.
                            (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.
            (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).
    (c) Technical Amendments.--
            (1) Definition of unauthorized alien.--Sections 218(i)(1) 
        (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
        274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) (8 
        U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' and 
        inserting ``274A''.
            (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
        is amended--
                    (A) in subsections (a)(6) and (g)(2)(B), by 
                striking ``274A(b)'' and inserting ``274A(c) and (d)''; 
                and
                    (B) in subsection (g)(2)(B)(ii), by striking 
                ``274A(b)(5)'' and inserting ``274A(c)''.
    (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 new subparagraphs:
    ``(I)(i) The Commissioner of Social Security shall, subject to the 
provisions of section 301(f)(2) of the Comprehensive Immigration Reform 
Act of 2006, 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--
            ``(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;
            ``(II) a determination of the citizenship status associated 
        with such name and social security account number, according to 
        the records maintained by the Commissioner;
            ``(III) a determination of whether the name and number 
        belongs to an individual who is deceased, according to the 
        records maintained by the Commissioner;
            ``(IV) a determination of whether the name and number is 
        blocked in accordance with clause (ii); and
            ``(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.
    ``(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.
    ``(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.''.
    (e) Disclosure of Certain Taxpayer Identity Information.--
            (1) In general.--Section 6103(l) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        paragraph:
            ``(21) Disclosure of certain taxpayer identity information 
        by social security administration to department of homeland 
        security.--
                    ``(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:
                            ``(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--
                                    ``(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, or
                                    ``(II) more than 10 names of 
                                employees (within the meaning of such 
                                section) with the same taxpayer 
                                identifying number.
                            ``(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).
                            ``(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').
                            ``(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.
                            ``(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.
                            ``(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--
                                    ``(I) the date such person begins 
                                to participate in the System, or
                                    ``(II) the date of the request 
                                immediately preceding the most recent 
                                request under this clause,
                        ending with the date of the most recent request 
                        under this clause.
                    ``(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--
                            ``(i) establishing and enforcing employer 
                        participation in the System,
                            ``(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, and
                            ``(iii) the civil operation of the Alien 
                        Terrorist Removal Court.
                    ``(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.
                    ``(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.''.
            (2) Compliance by dhs contractors with confidentiality 
        safeguards.--
                    (A) In general.--Section 6103(p) of such Code is 
                amended by adding at the end the following new 
                paragraph:
            ``(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--
                    ``(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,
                    ``(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,
                    ``(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), and
                    ``(D) certifies to the Secretary for the most 
                recent annual period that such contractor is in 
                compliance with all such requirements.
        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.''.
            (3) Conforming amendments.--
                    (A) Section 6103(a)(3) of such Code is amended by 
                striking ``or (20)'' and inserting ``(20), or (21)''.
                    (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).''.
                    (C) Section 6103(p)(4) of such Code is amended--
                            (i) by striking ``or (17)'' both places it 
                        appears and inserting ``(17), or (21)'', and
                            (ii) by striking ``or (20)'' each place it 
                        appears and inserting ``(20), or (21)''.
                    (D) Section 6103(p)(8)(B) of such Code is amended 
                by inserting ``or paragraph (9)'' after ``subparagraph 
                (A)''.
                    (E) Section 7213(a)(2) of such Code is amended by 
                striking ``or (20)'' and inserting ``(20), or (21)''.
    (f) Authorization of Appropriations.--
            (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.
            (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.
    (g) Effective Dates.--
            (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.
            (2) Subsection (e).--
                    (A) In general.--The amendments made by subsection 
                (e) shall apply to disclosures made after the date of 
                the enactment of this Act.
                    (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.

SEC. 302. EMPLOYER COMPLIANCE FUND.

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

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

    (a) 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.
    (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).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2007 through 
2011 such sums as may be necessary to carry out this section.

SEC. 304. CLARIFICATION OF INELIGIBILITY FOR MISREPRESENTATION.

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

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''.
    (b) Classes of Aliens as Protected Individuals.--Section 
274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as follows:
                    ``(B) is an alien who is--
                            ``(i) lawfully admitted for permanent 
                        residence;
                            ``(ii) granted the status of an alien 
                        lawfully admitted for temporary residence under 
                        section 210(a) or 245(a)(1);
                            ``(iii) admitted as a refugee under section 
                        207;
                            ``(iv) granted asylum under section 208;
                            ``(v) granted the status of a nonimmigrant 
                        under section 101(a)(15)(H)(ii)(c);
                            ``(vi) granted temporary protected status 
                        under section 244; or
                            ``(vii) granted parole under section 
                        212(d)(5).''.
    (c) Requirements for Electronic Employment Verification.--Section 
274B(a) (8 U.S.C. 1324b(a)) is amended by adding at the end the 
following:
            ``(7) Antidiscrimination requirements of the electronic 
        employment verification system.--It is an unfair immigration-
        related employment practice for a person or other entity, in 
        the course of the electronic verification process described in 
        section 274A(d)--
                    ``(A) to terminate or undertake any adverse 
                employment action due to a tentative nonconfirmation;
                    ``(B) to use the verification system for screening 
                of an applicant prior to an offer of employment;
                    ``(C) except as described in section 274A(d)(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); or
                    ``(D) to require an individual to make an inquiry 
                under the self-verification procedures established in 
                section 274A(d)(8)(E)(iii).''.
    (d) Increase in Civil Money Penalties.--Section 274B(g)(2) (8 
U.S.C. 1324b(g)(2)) is amended--
            (1) in subparagraph (B)(iv)--
                    (A) in subclause (I), by striking ``$250 and not 
                more than $2,000'' and inserting ``$1,000 and not more 
                than $4,000'';
                    (B) in subclause (II), by striking ``$2,000 and not 
                more than $5,000'' and inserting ``$4,000 and not more 
                than $10,000'';
                    (C) in subclause (III), by striking ``$3,000 and 
                not more than $10,000'' and inserting ``$6,000 and not 
                more than $20,000''; and
                    (D) in subclause (IV), by striking ``$100 and not 
                more than $1,000'' and inserting ``$500 and not more 
                than $5,000''.
    (e) Increased Funding of Information Campaign.--Section 274B(l)(3) 
(8 U.S.C. 1324b(l)(3)) is amended by inserting ``and an additional 
$40,000,000 for each of fiscal years 2007 through 2009'' before the 
period at the end.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act and shall apply to violations occurring on or after such date.

            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).
    (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.
    (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:
            (1) An estimate of the total legal and illegal immigrant 
        populations of the United States, as they relate to the total 
        population.
            (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.
            (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.
            (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.
            (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.
            (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.
            (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.
            (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.
            (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.

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:
                    ``(H) an alien--
                            ``(i)(b) subject to section 212(j)(2)--
                                    ``(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;
                                    ``(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; and
                                    ``(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);
                            ``(b1)(aa) who is entitled to enter the 
                        United States under the provisions of an 
                        agreement listed in section 214(g)(8)(A);
                            ``(bb) who is engaged in a specialty 
                        occupation described in section 214(i)(3); and
                            ``(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); or
                            ``(c)(aa) who is coming temporarily to the 
                        United States to perform services as a 
                        registered nurse;
                            ``(bb) who meets the qualifications 
                        described in section 212(m)(1); and
                            ``(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; or
                            ``(ii)(a) who--
                                    ``(aa) has a residence in a foreign 
                                country which the alien has no 
                                intention of abandoning; and
                                    ``(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;
                            ``(b) who--
                                    ``(aa) has a residence in a foreign 
                                country which the alien has no 
                                intention of abandoning;
                                    ``(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; or
                            ``(c) who--
                                    ``(aa) has a residence in a foreign 
                                country which the alien has no 
                                intention of abandoning;
                                    ``(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); 
                                and
                                    ``(cc) meets the requirements of 
                                section 218A, including the filing of a 
                                petition under such section on behalf 
                                of the alien;
                            ``(iii) who--
                                    ``(a) has a residence in a foreign 
                                country which the alien has no 
                                intention of abandoning; and
                                    ``(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; or
                            ``(iv) who--
                                    ``(a) is the spouse or a minor 
                                child of an alien described in this 
                                subparagraph; and
                                    ``(b) is accompanying or following 
                                to join such alien.''.
    (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.

SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.

    (a) Temporary Guest Workers.--
            (1) In general.--Chapter 2 of title II (8 U.S.C. 1181 et 
        seq.) is amended by inserting after section 218 the following:

``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).
    ``(b) Requirements for Admission.--An alien shall be eligible for 
H-2C nonimmigrant status if the alien meets the following requirements:
            ``(1) Eligibility to work.--The alien shall establish that 
        the alien is capable of performing the labor or services 
        required for an occupation under section 101(a)(15)(H)(ii)(c).
            ``(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.
            ``(3) Fee.--The alien shall pay a $500 visa issuance fee in 
        addition to the cost of processing and adjudicating such 
        application. Nothing in this paragraph shall be construed to 
        affect consular procedures for charging reciprocal fees.
            ``(4) Medical examination.--The alien shall undergo a 
        medical examination (including a determination of immunization 
        status), at the alien's expense, that conforms to generally 
        accepted standards of medical practice.
            ``(5) Application content and waiver.--
                    ``(A) Application form.--The 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).
                    ``(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--
                            ``(i) physical and mental health;
                            ``(ii) criminal history and gang 
                        membership;
                            ``(iii) immigration history; and
                            ``(iv) involvement with groups or 
                        individuals that have engaged in terrorism, 
                        genocide, persecution, or who seek the 
                        overthrow of the United States Government.
                    ``(C) Knowledge.--The alien shall include with the 
                application submitted under this paragraph a signed 
                certification in which the alien certifies that--
                            ``(i) the alien has read and understands 
                        all of the questions and statements on the 
                        application form;
                            ``(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; 
                        and
                            ``(iii) the applicant authorizes the 
                        release of any information contained in the 
                        application and any attached evidence for law 
                        enforcement purposes.
    ``(c) Grounds of Inadmissibility.--
            ``(1) In general.--In determining an alien's admissibility 
        as an H-2C nonimmigrant--
                    ``(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 2006;
                    ``(B) the Secretary of Homeland Security may not 
                waive the application of--
                            ``(i) subparagraph (A), (B), (C), (E), (G), 
                        (H), or (I) of section 212(a)(2) (relating to 
                        criminals);
                            ``(ii) section 212(a)(3) (relating to 
                        security and related grounds); or
                            ``(iii) subparagraph (A), (C) or (D) of 
                        section 212(a)(10) (relating to polygamists and 
                        child abductors); and
                    ``(C) for conduct that occurred before the date of 
                the enactment of the Comprehensive Immigration Reform 
                Act of 2006, 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--
                            ``(i) for humanitarian purposes;
                            ``(ii) to ensure family unity; or
                            ``(iii) if such a waiver is otherwise in 
                        the public interest.
            ``(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).
    ``(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.
    ``(e) Ineligible To Change Nonimmigrant Classification.--An H-2C 
nonimmigrant may not change nonimmigrant classification under section 
248.
    ``(f) Period of Authorized Admission.--
            ``(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.
            ``(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).
            ``(3) Loss of employment.--
                    ``(A) In general.--
                            ``(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.
                            ``(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--
                                    ``(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;
                                    ``(II) a period of vacation, 
                                medical leave, maternity leave, or 
                                similar leave from employment 
                                authorized by employer policy, State 
                                law, or Federal law; or
                                    ``(III) any other period of 
                                temporary unemployment caused by 
                                circumstances beyond the control of the 
                                alien.
                    ``(B) Return to foreign residence.--Any alien whose 
                period of authorized admission terminates under 
                subparagraph (A) shall be required to leave the United 
                States.
                    ``(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.
            ``(4) Visits outside united states.--
                    ``(A) In general.--Under regulations established by 
                the Secretary of Homeland Security, an H-2C 
                nonimmigrant--
                            ``(i) may travel outside of the United 
                        States; and
                            ``(ii) may be readmitted without having to 
                        obtain a new visa if the period of authorized 
                        admission has not expired.
                    ``(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.
            ``(5) Bars to extension or admission.--An alien may not be 
        granted H-2C nonimmigrant status, or an extension of such 
        status, if--
                    ``(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;
                    ``(B) the alien is inadmissible as a nonimmigrant; 
                or
                    ``(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.
    ``(g) Evidence of Nonimmigrant Status.--Each H-2C nonimmigrant 
shall be issued documentary evidence of nonimmigrant status, which--
            ``(1) shall be machine-readable, tamper-resistant, and 
        allow for biometric authentication;
            ``(2) shall be designed in consultation with the Forensic 
        Document Laboratory of the Bureau of Immigration and Customs 
        Enforcement;
            ``(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--
                    ``(A) instead of a passport and visa if the alien--
                            ``(i) is a national of a foreign territory 
                        contiguous to the United States; and
                            ``(ii) is applying for admission at a land 
                        border port of entry; and
                    ``(B) in conjunction with a valid passport, if the 
                alien is applying for admission at an air or sea port 
                of entry;
            ``(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); and
            ``(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.
    ``(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.
    ``(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--
            ``(1) any relief under section 240A(a), 240A(b)(1), or 
        240B; or
            ``(2) nonimmigrant status under section 101(a)(15) (except 
        subparagraphs (T) and (U)).
    ``(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--
            ``(1) the employer complies with section 218B; and
            ``(2) the alien, after lawful admission to the United 
        States, did not work without authorization.
    ``(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.
    ``(l) Collection of Fees.--All fees collected under this section 
shall be deposited in the Treasury in accordance with section 286(c).
    ``(m) Issuance of H-4 Nonimmigrant Visas for Spouse and Children.--
            ``(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).
            ``(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:
                    ``(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).
                    ``(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.
                    ``(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.
    ``(n) Definitions.--In this section and sections 218B, 218C, and 
218D:
            ``(1) Aggrieved person.-- term `aggrieved person' means a 
        person adversely affected by an alleged violation of this 
        section, including--
                    ``(A) a worker whose job, wages, or working 
                conditions are adversely affected by the violation; and
                    ``(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.
            ``(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.
            ``(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.
            ``(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).
            ``(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.
            ``(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).
            ``(7) H-2C nonimmigrant.--The term `H-2C nonimmigrant' 
        means a nonimmigrant described in section 101(a)(15)(H)(ii)(c).
            ``(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.
            ``(9) United states worker.--The term `United States 
        worker' means an employee who is--
                    ``(A) a citizen or national of the United States; 
                or
                    ``(B) an alien who is--
                            ``(i) lawfully admitted for permanent 
                        residence;
                            ``(ii) admitted as a refugee under section 
                        207;
                            ``(iii) granted asylum under section 208; 
                        or
                            ``(iv) otherwise authorized, under this Act 
                        or by the Secretary of Homeland Security, to be 
                        employed in the United States.''.
            (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:

``Sec. 218A. Admission of temporary H-2C workers.''.

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:

``SEC. 218B. EMPLOYER OBLIGATIONS.

    ``(a) General Requirements.--Each employer who employs an H-2C 
nonimmigrant shall--
            ``(1) file a petition in accordance with subsection (b); 
        and
            ``(2) pay the appropriate fee, as determined by the 
        Secretary of Labor.
    ``(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--
            ``(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:
                    ``(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.
                    ``(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.
                    ``(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.
                    ``(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.
            ``(2) Efforts to employ united states workers.--An employer 
        that seeks to employ an H-2C nonimmigrant shall--
                    ``(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.
    ``(c) Petition.--A petition to hire an H-2C nonimmigrant under this 
section shall include an attestation by the employer of the following:
            ``(1) Protection of united states workers.--The employment 
        of an H-2C nonimmigrant--
                    ``(A) will not adversely affect the wages and 
                working conditions of workers in the United States 
                similarly employed; and
                    ``(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.
            ``(2) Wages.--
                    ``(A) In general.--The H-2C nonimmigrant will be 
                paid not less than the greater of--
                            ``(i) the actual wage level paid by the 
                        employer to all other individuals with similar 
                        experience and qualifications for the specific 
                        employment in question; or
                            ``(ii) the prevailing wage level for the 
                        occupational classification in the area of 
                        employment, taking into account experience and 
                        skill levels of employees.
                    ``(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.
                    ``(C) Prevailing wage level.--For purposes of 
                subparagraph (A)(ii), the prevailing wage level shall 
                be determined in accordance as follows:
                            ``(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.
                            ``(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.
                            ``(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.
                            ``(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.
            ``(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.
            ``(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.
            ``(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.
            ``(6) Notice to employees.--
                    ``(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.
                    ``(B) No bargaining representative.--If there is no 
                such bargaining representative, the employer has--
                            ``(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; or
                            ``(ii) electronically disseminated such a 
                        notice to the employer's employees in the 
                        occupational classification for which the H-2C 
                        nonimmigrant is sought.
            ``(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--
                    ``(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; and
                    ``(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--
                            ``(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; and
                            ``(ii) the actual wage paid by the employer 
                        for the occupation in the areas of intended 
                        employment was used in conducting recruitment.
            ``(8) Ineligibility.--The employer is not currently 
        ineligible from using the H-2C nonimmigrant program described 
        in this section.
            ``(9) Bonafide offer of employment.--The job for which the 
        H-2C nonimmigrant is sought is a bona fide job--
                    ``(A) for which the employer needs labor or 
                services;
                    ``(B) which has been and is clearly open to any 
                United States worker; and
                    ``(C) for which the employer will be able to place 
                the H-2C nonimmigrant on the payroll.
            ``(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--
                    ``(A) be provided to every H-2C nonimmigrant 
                employed under the petition;
                    ``(B) be made available for public examination at 
                the employer's place of business or work site;
                    ``(C) be made available to the Secretary of Labor 
                during any audit; and
                    ``(D) remain available for examination for 5 years 
                after the date on which the petition is filed.
            ``(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.
            ``(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.
    ``(d) Audit of Attestations.--
            ``(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.
            ``(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.
    ``(e) Ineligible Employers.--
            ``(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--
                    ``(A) has, with respect to the attestations 
                required under subsection (b)--
                            ``(i) misrepresented a material fact;
                            ``(ii) made a fraudulent statement; or
                            ``(iii) failed to comply with the terms of 
                        such attestations; or
                    ``(B) failed to cooperate in the audit process in 
                accordance with regulations promulgated by the 
                Secretary of Labor.
            ``(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.
            ``(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 2006, 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.
    ``(f) Regulation of Foreign Labor Contractors.--
            ``(1) Coverage.--Notwithstanding any other provision of 
        law, an H-2C nonimmigrant may not be treated as an independent 
        contractor.
            ``(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.
            ``(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.
    ``(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--
            ``(1) discloses information to the employer or any other 
        person that the employee or former employee reasonably believes 
        demonstrates a violation of this Act; or
            ``(2) cooperates or seeks to cooperate in an investigation 
        or other proceeding concerning compliance with the requirements 
        of this Act.
    ``(h) Labor Recruiters.--
            ``(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--
                    ``(A) the place of employment;
                    ``(B) the compensation for the employment;
                    ``(C) a description of employment activities;
                    ``(D) the period of employment;
                    ``(E) any other employee benefit to be provided and 
                any costs to be charged for each benefit;
                    ``(F) any travel or transportation expenses to be 
                assessed;
                    ``(G) the existence of any labor organizing effort, 
                strike, lockout, or other labor dispute at the place of 
                employment;
                    ``(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;
                    ``(I) the extent to which workers will be 
                compensated through workers' compensation, private 
                insurance, or otherwise for injuries or death, 
                including--
                            ``(i) work related injuries and death 
                        during the period of employment;
                            ``(ii) the name of the State workers' 
                        compensation insurance carrier or the name of 
                        the policyholder of the private insurance;
                            ``(iii) the name and the telephone number 
                        of each person who must be notified of an 
                        injury or death; and
                            ``(iv) the time period within which such 
                        notice must be given;
                    ``(J) any education or training to be provided or 
                required, including--
                            ``(i) the nature and cost of such training;
                            ``(ii) the entity that will pay such costs; 
                        and
                            ``(iii) whether the training is a condition 
                        of employment, continued employment, or future 
                        employment; and
                    ``(K) a statement, in a form specified by the 
                Secretary of Labor, describing the protections of this 
                Act for workers recruited abroad.
            ``(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).
            ``(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.
            ``(4) Fees.--A person conducting a foreign labor 
        contracting activity shall not assess any fee to a worker for 
        such foreign labor contracting activity.
            ``(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.
            ``(6) Travel costs.--If the foreign labor contractor or 
        employer charges the employee for transportation such 
        transportation costs shall be reasonable.
            ``(7) Other worker protections.--
                    ``(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.
                    ``(B) Registration of foreign labor contractors.--
                            ``(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.
                            ``(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--
                                    ``(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);
                                    ``(II) an expeditious means to 
                                update registrations and renew 
                                certificates; and
                                    ``(III) any other requirements that 
                                the Secretary may prescribe.
                            ``(iii) Term.--Unless suspended or revoked, 
                        a certificate under this subparagraph shall be 
                        valid for 2 years.
                            ``(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--
                                    ``(I) the application or holder of 
                                the certification has knowingly made a 
                                material misrepresentation in the 
                                application for such certificate;
                                    ``(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--
                                            ``(aa) is a person who has 
                                        been refused issuance or 
                                        renewal of a certificate;
                                            ``(bb) has had a 
                                        certificate suspended or 
                                        revoked; or
                                            ``(cc) does not qualify for 
                                        a certificate under this 
                                        paragraph; or
                                    ``(III) the applicant for or holder 
                                of the certification has failed to 
                                comply with this Act.
                    ``(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).
                    ``(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.
                    ``(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.
                    ``(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.
    ``(i) Enforcement.--
            ``(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.
            ``(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.
            ``(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.
            ``(4) Notice and hearing.--
                    ``(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.
                    ``(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.
                    ``(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).
            ``(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.
            ``(6) Power of the secretary.--The Secretary may bring an 
        action in any court of competent jurisdiction--
                    ``(A) to seek remedial action, including injunctive 
                relief;
                    ``(B) to recover the damages described in 
                subsection (i); or
                    ``(C) to ensure compliance with terms and 
                conditions described in subsection (g).
            ``(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.
            ``(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.
    ``(j) Penalties.--
            ``(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--
                    ``(A) back wages;
                    ``(B) benefits; and
                    ``(C) civil monetary penalties.
            ``(2) Civil penalties.--The Secretary of Labor may impose, 
        as a civil penalty--
                    ``(A) for a violation of subsection (e) or (f)--
                            ``(i) a fine in an amount not to exceed 
                        $2,000 per violation per affected worker;
                            ``(ii) if the violation was willful 
                        violation, a fine in an amount not to exceed 
                        $5,000 per violation per affected worker;
                            ``(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; and
                    ``(B) for a violation of subsection (g)--
                            ``(i) a fine in an amount not less than 
                        $500 and not more than $4,000 per violation per 
                        affected worker;
                            ``(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; 
                        and
                            ``(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.
            ``(3) Use of civil penalties.--All penalties collected 
        under this subsection shall be deposited in the Treasury in 
        accordance with section 286(w).
            ``(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.''.
    (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:

``Sec. 218B. Employer obligations.''.

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:

``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.
    ``(b) Requirements.--The alien employment management system shall--
            ``(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;
            ``(2) collect sufficient information from employers to 
        enable the Secretary of Homeland Security to determine--
                    ``(A) if the nonimmigrant is employed;
                    ``(B) which employers have hired an H-2C 
                nonimmigrant;
                    ``(C) the number of H-2C nonimmigrants that an 
                employer is authorized to hire and is currently 
                employing;
                    ``(D) the occupation, industry, and length of time 
                that an H-2C nonimmigrant has been employed in the 
                United States;
            ``(3) allow employers to request approval of multiple H-2C 
        nonimmigrant workers; and
            ``(4) permit employers to submit applications under this 
        section in an electronic form.''.
    (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:

``Sec. 218C. Alien employment management system.''.

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.
    (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.

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.
    (b) Recruitment of United States Workers.--
            (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).
            (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.
    (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.
    (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--
            (1) by the State workforce agencies, which may further 
        disseminate job opportunity information to other interested 
        parties; and
            (2) through the Internet, for access by workers, employers, 
        labor organizations, and other interested parties.

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'').
    (b) Purposes.--The purposes of the Task Force are--
            (1) to study the impact of the admission of aliens under 
        section 101(a)(15)(ii)(c) on the wages, working conditions, and 
        employment of United States workers; and
            (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)(ii)(c).
    (c) Membership.--
            (1) In general.--The Task Force shall be composed of 10 
        members, of whom--
                    (A) 1 shall be appointed by the President and shall 
                serve as chairman of the Task Force;
                    (B) 1 shall be appointed by the leader of the 
                minority party in the Senate, in consultation with the 
                leader of the minority party in the House of 
                Representatives, and shall serve as vice chairman of 
                the Task Force;
                    (C) 2 shall be appointed by the majority leader of 
                the Senate;
                    (D) 2 shall be appointed by the minority leader of 
                the Senate;
                    (E) 2 shall be appointed by the Speaker of the 
                House of Representatives; and
                    (F) 2 shall be appointed by the minority leader of 
                the House of Representatives.
            (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.
            (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.
            (4) Quorum.--Six members of the Task Force shall constitute 
        a quorum.
    (d) Qualifications.--
            (1) In general.--Members of the Task Force shall be--
                    (A) individuals with expertise in economics, 
                demography, labor, business, or immigration or other 
                pertinent qualifications or experience; and
                    (B) representative of a broad cross-section of 
                perspectives within the United States, including the 
                public and private sectors and academia.
            (2) Political affiliation.--Not more than 5 members of the 
        Task Force may be members of the same political party.
            (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.
    (e) Meetings.--
            (1) Initial meeting.--The Task Force shall meet and begin 
        the operations of the Task Force as soon as practicable.
            (2) Subsequent meetings.--After its initial meeting, the 
        Task Force shall meet upon the call of the chairman or a 
        majority of its members.
    (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--
            (1) findings with respect to the duties of the Task Force; 
        and
            (2) recommendations for imposing a numerical limit.
    (g) Numerical Limitations.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) 
is amended--
            (1) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (2) by adding at the end the following:
                    ``(C) under section 101(a)(15)(H)(ii)(c) may not 
                exceed 200,000.''.
    (h) Adjustment to Lawful Permanent Resident Status.--Section 245 (8 
U.S.C. 1255) is amended by adding at the end the following:
    ``(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--
            ``(A) by the alien's employer; or
            ``(B) by the alien, if--
                    ``(i) the alien has been employed in H-2C status 
                for a cumulative period of not less than 4 years;
                    ``(ii) an employer attests that the employer will 
                employ the alien in the offered job position;
                    ``(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; or
                    ``(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; and
                    ``(v) the alien submits at least 2 documents to 
                establish current employment, as follows:
                            ``(I) Records maintained by the Social 
                        Security Administration.
                            ``(II) Records maintained by the alien's 
                        employer, such as pay stubs, time sheets, or 
                        employment work verification.
                            ``(III) Records maintained by the Internal 
                        Revenue Service.
                            ``(IV) Records maintained by any other 
                        government agency, such as worker compensation 
                        records, disability records, or business 
                        licensing records.
    ``(2) An alien having nonimmigrant status described in section 
101(a)(15)(H)(ii)(c) may not apply for adjustment of status under this 
section unless the alien--
            ``(A) is physically present in the United States; and
            ``(B) establishes that the alien meets the requirements of 
        section 312.
    ``(3) An alien who demonstrates that the alien meets the 
requirements of section 312 may be considered to have satisfied the 
requirements of that section for purposes of becoming naturalized as a 
citizen of the United States under title III.
    ``(4) Filing a petition under paragraph (1) on behalf of an alien 
or otherwise seeking permanent residence in the United States for such 
alien shall not constitute evidence of the alien's ineligibility for 
nonimmigrant status under section 101(a)(15)(H)(ii)(c).
    ``(5) The Secretary of Homeland Security shall extend, in 1-year 
increments, the stay of an alien for whom a labor certification 
petition filed under section 203(b) or an immigrant visa petition filed 
under section 204(b) is pending until a final decision is made on the 
alien's lawful permanent residence.
    ``(6) Nothing in this subsection shall be construed to prevent an 
alien having nonimmigrant status described in section 
101(a)(15)(H)(ii)(c) from filing an application for adjustment of 
status under this section in accordance with any other provision of 
law.''.

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).
    (b) Requirements of Bilateral Agreements.--Each agreement 
negotiated under subsection (a) shall require the participating home 
country to--
            (1) accept the return of nationals who are ordered removed 
        from the United States within 3 days of such removal;
            (2) cooperate with the United States Government to--
                    (A) identify, track, and reduce gang membership, 
                violence, and human trafficking and smuggling; and
                    (B) control illegal immigration;
            (3) provide the United States Government with--
                    (A) passport information and criminal records of 
                aliens who are seeking admission to, or are present in, 
                the United States; and
                    (B) admission and entry data to facilitate United 
                States entry-exit data systems; and
            (4) educate nationals of the home country regarding United 
        States temporary worker programs to ensure that such nationals 
        are not exploited; and
            (5) evaluate means to provide housing incentives in the 
        alien's home country for returning workers.

SEC. 410. S VISAS.

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

SEC. 411. L VISA LIMITATIONS.

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

SEC. 412. 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.

SEC. 413. VISA WAIVER PROGRAM EXPANSION.

    Section 217(c) (8 U.S.C. 1187(c)) is amended by adding at the end 
the following:
            ``(8) Probationary admission.--
                    ``(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.
                    ``(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--
                            ``(i) the country is a member of the 
                        European Union;
                            ``(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; and
                            ``(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.
                    ``(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.
                    ``(D) Full compliance.--Not later than 2 years 
                after the date of a country's designation under 
                subparagraph (B), the country--
                            ``(i) shall be in full compliance with all 
                        applicable requirements for program country 
                        status under this section; or
                            ``(ii) shall have its program country 
                        designation terminated.
                    ``(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--
                            ``(i) is making significant progress 
                        towards coming into full compliance with all 
                        applicable requirements for program country 
                        status under this section;
                            ``(ii) is likely to achieve full compliance 
                        before the end of such 2-year period; and
                            ``(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.''.

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.

               Subtitle B--Immigration Injunction Reform

SEC. 421. SHORT TITLE.

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

SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

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

SEC. 423. EFFECTIVE DATE.

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

                       TITLE V--BACKLOG REDUCTION

SEC. 501. ELIMINATION OF EXISTING BACKLOGS.

    (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 1151(c)) 
is amended to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year is equal to the sum of--
            ``(1) 480,000;
            ``(2) the difference between the maximum number of visas 
        authorized to be issued under this subsection during the 
        previous fiscal year and the number of visas issued during the 
        previous fiscal year;
            ``(3) the difference between--
                    ``(A) the maximum number of visas authorized to be 
                issued under this subsection during fiscal years 2001 
                through 2005 minus the number of visas issued under 
                this subsection during those fiscal years; and
                    ``(B) the number of visas calculated under 
                subparagraph (A) that were issued after fiscal year 
                2005.''.
    (b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 1151(d)) 
is amended to read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--
            ``(1) In general.--Subject to paragraph (2), the worldwide 
        level of employment-based immigrants under this subsection for 
        a fiscal year is equal to the sum of--
                    ``(A)(i) 450,000, for each of the fiscal years 2007 
                through 2016; or
                    ``(ii) 290,000, for fiscal year 2017 and each 
                subsequent fiscal year;
                    ``(B) the difference between the maximum number of 
                visas authorized to be issued under this subsection 
                during the previous fiscal year and the number of visas 
                issued during the previous fiscal year; and
                    ``(C) the difference between--
                            ``(i) the maximum number of visas 
                        authorized to be issued under this subsection 
                        during fiscal years 2001 through 2005 and the 
                        number of visa numbers issued under this 
                        subsection during those fiscal years; and
                            ``(ii) the number of visas calculated under 
                        clause (i) that were issued after fiscal year 
                        2005.
            ``(2) Visas for spouses and children.--
                    ``(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).
                    ``(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.
                    ``(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.''.

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''.

SEC. 503. ALLOCATION OF IMMIGRANT VISAS.

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

SEC. 504. RELIEF FOR MINOR CHILDREN AND WIDOWS.

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

SEC. 505. SHORTAGE OCCUPATIONS.

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

SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

    (a) Short Title.--This section may be cited as the ``Widows and 
Orphans Act of 2006''.
    (b) New Special Immigrant Category.--
            (1) Certain children and women at risk of harm.--Section 
        101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
                    (A) in subparagraph (L), by inserting a semicolon 
                at the end;
                    (B) in subparagraph (M), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(N) subject to subsection (j), an immigrant who 
                is not present in the United States--
                            ``(i) who is--
                                    ``(I) referred to a consular, 
                                immigration, or other designated 
                                official by a United States Government 
                                agency, an international organization, 
                                or recognized nongovernmental entity 
                                designated by the Secretary of State 
                                for purposes of such referrals; and
                                    ``(II) determined by such official 
                                to be a minor under 18 years of age (as 
                                determined under subsection (j)(5))--
                                            ``(aa) for whom no parent 
                                        or legal guardian is able to 
                                        provide adequate care;
                                            ``(bb) who faces a credible 
                                        fear of harm related to his or 
                                        her age;
                                            ``(cc) who lacks adequate 
                                        protection from such harm; and
                                            ``(dd) for whom it has been 
                                        determined to be in his or her 
                                        best interests to be admitted 
                                        to the United States; or
                            ``(ii) who is--
                                    ``(I) referred to a consular or 
                                immigration official by a United States 
                                Government agency, an international 
                                organization or recognized 
                                nongovernmental entity designated by 
                                the Secretary of State for purposes of 
                                such referrals; and
                                    ``(II) determined by such official 
                                to be a female who has--
                                            ``(aa) a credible fear of 
                                        harm related to her sex; and
                                            ``(bb) a lack of adequate 
                                        protection from such harm.''.
            (2) Statutory construction.--Section 101 (8 U.S.C. 1101) is 
        amended by adding at the end the following:
    ``(j)(1) No natural parent or prior adoptive parent of any alien 
provided special immigrant status under subsection (a)(27)(N)(i) shall 
thereafter, by virtue of such parentage, be accorded any right, 
privilege, or status under this Act.
    ``(2)(A) No alien who qualifies for a special immigrant visa under 
subsection (a)(27)(N)(ii) may apply for derivative status or petition 
for any spouse who is represented by the alien as missing, deceased, or 
the source of harm at the time of the alien's application and 
admission. The Secretary of Homeland Security may waive this 
requirement for an alien who demonstrates that the alien's 
representations regarding the spouse were bona fide.
    ``(B) An alien who qualifies for a special immigrant visa under 
subsection (a)(27)(N) may apply for derivative status or petition for 
any sibling under the age of 18 years or children under the age of 18 
years of any such alien, if accompanying or following to join the 
alien. For purposes of this subparagraph, a determination of age shall 
be made using the age of the alien on the date the petition is filed 
with the Department of Homeland Security.
    ``(3) An alien who qualifies for a special immigrant visa under 
subsection (a)(27)(N) shall be treated in the same manner as a refugee 
solely for purposes of section 412.
    ``(4) The provisions of paragraphs (4), (5), and (7)(A) of section 
212(a) shall not be applicable to any alien seeking admission to the 
United States under subsection (a)(27)(N), and the Secretary of 
Homeland Security may waive any other provision of such section (other 
than paragraph 2(C) or subparagraph (A), (B), (C), or (E) of paragraph 
(3)) with respect to such an alien for humanitarian purposes, to assure 
family unity, or when it is otherwise in the public interest. Any such 
waiver by the Secretary of Homeland Security shall be in writing and 
shall be granted only on an individual basis following an 
investigation. The Secretary of Homeland Security shall provide for the 
annual reporting to Congress of the number of waivers granted under 
this paragraph in the previous fiscal year and a summary of the reasons 
for granting such waivers.
    ``(5) For purposes of subsection (a)(27)(N)(i)(II), a determination 
of age shall be made using the age of the alien on the date on which 
the alien was referred to the consular, immigration, or other 
designated official.
    ``(6) The Secretary of Homeland Security shall waive any 
application fee for a special immigrant visa for an alien described in 
section 101(a)(27)(N).''.
            (3) Expedited process.--Not later than 45 days after the 
        date of referral to a consular, immigration, or other 
        designated official (as described in section 101(a)(27)(N) of 
        the Immigration and Nationality Act, as added by paragraph 
        (1))--
                    (A) special immigrant status shall be adjudicated; 
                and
                    (B) if special immigrant status is granted, the 
                alien shall be paroled to the United States pursuant to 
                section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5)) and 
                allowed to apply for adjustment of status to permanent 
                residence under section 245 of that Act (8 U.S.C. 1255) 
                within 1 year after the alien's arrival in the United 
                States.
            (4) Report to congress.--Not later than 1 year after the 
        date of the enactment of this Act, the Secretary shall submit a 
        report to the Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of Representatives on 
        the progress of the implementation of this section and the 
        amendments made by this section, including--
                    (A) data related to the implementation of this 
                section and the amendments made by this section;
                    (B) data regarding the number of placements of 
                females and children who faces a credible fear of harm 
                as referred to in section 101(a)(27)(N) of the 
                Immigration and Nationality Act, as added by paragraph 
                (1); and
                    (C) any other information that the Secretary 
                considers appropriate.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection and the amendments made by this subsection.
    (c) Requirements for Aliens.--
            (1) Requirement prior to entry into the united states.--
                    (A) Database search.--An alien may not be admitted 
                to the United States unless the Secretary has ensured 
                that a search of each database maintained by an agency 
                or department of the United States has been conducted 
                to determine whether such alien is ineligible to be 
                admitted to the United States on criminal, security, or 
                related grounds.
                    (B) Cooperation and schedule.--The Secretary and 
                the head of each appropriate agency or department of 
                the United States shall work cooperatively to ensure 
                that each database search required by subparagraph (A) 
                is completed not later than 45 days after the date on 
                which an alien files a petition seeking a special 
                immigration visa under section 101(a)(27)(N) of the 
                Immigration and Nationality Act, as added by subsection 
                (b)(1).
            (2) Requirement after entry into the united states.--
                    (A) Requirement to submit fingerprints.--
                            (i) In general.--Not later than 30 days 
                        after the date that an alien enters the United 
                        States, the alien shall be fingerprinted and 
                        submit to the Secretary such fingerprints and 
                        any other personal biometric data required by 
                        the Secretary.
                            (ii) Other requirements.--The Secretary may 
                        prescribe regulations that permit fingerprints 
                        submitted by an alien under section 262 of the 
                        Immigration and Nationality Act (8 U.S.C. 1302) 
                        or any other provision of law to satisfy the 
                        requirement to submit fingerprints of clause 
                        (i).
                    (B) Database search.--The Secretary shall ensure 
                that a search of each database that contains 
                fingerprints that is maintained by an agency or 
                department of the United States be conducted to 
                determine whether such alien is ineligible for an 
                adjustment of status under any provision of the 
                Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
                on criminal, security, or related grounds.
                    (C) Cooperation and schedule.--The Secretary and 
                the head of each appropriate agency or department of 
                the United States shall work cooperatively to ensure 
                that each database search required by subparagraph (B) 
                is completed not later than 180 days after the date on 
                which the alien enters the United States.
                    (D) Administrative and judicial review.--
                            (i) In general.--There may be no review of 
                        a determination by the Secretary, after a 
                        search required by subparagraph (B), that an 
                        alien is ineligible for an adjustment of 
                        status, under any provision of the Immigration 
                        and Nationality Act (8 U.S.C. 1101 et seq.) on 
                        criminal, security, or related grounds except 
                        as provided in this subparagraph.
                            (ii) Administrative review.--An alien may 
                        appeal a determination described in clause (i) 
                        through the Administrative Appeals Office of 
                        the Bureau of Citizenship and Immigration 
                        Services. The Secretary shall ensure that a 
                        determination on such appeal is made not later 
                        than 60 days after the date that the appeal is 
                        filed.
                            (iii) Judicial review.--There may be no 
                        judicial review of a determination described in 
                        clause (i).

SEC. 507. STUDENT VISAS.

    (a) In General.--Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is 
amended--
            (1) in clause (i)--
                    (A) by striking ``he has no intention of 
                abandoning, who is'' and inserting the following: 
                ``except in the case of an alien described in clause 
                (iv), the alien has no intention of abandoning, who 
                is--
                    ``(I)'';
                    (B) by striking ``consistent with section 214(l)'' 
                and inserting ``(except for a graduate program 
                described in clause (iv)) consistent with section 
                214(m)'';
                    (C) by striking the comma at the end and inserting 
                the following: ``; or
                    ``(II) engaged in temporary employment for optional 
                practical training related to the alien's area of 
                study, which practical training shall be authorized for 
                a period or periods of up to 24 months;'';
            (2) in clause (ii)--
                    (A) by inserting ``or (iv)'' after ``clause (i)''; 
                and
                    (B) by striking ``, and'' and inserting a 
                semicolon; and
            (3) by adding at the end the following:
                            ``(iv) an alien described in clause (i) who 
                        has been accepted and plans to attend an 
                        accredited graduate program in mathematics, 
                        engineering, technology, or the sciences in the 
                        United States for the purpose of obtaining an 
                        advanced degree; and
                            ``(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.
    (b) Creation of J-STEM Visa Category.--Section 101(a)(15)(J) (8 
U.S.C. 1101(a)(15)(J)) is amended to read as follows:
                    ``(J) an alien with a residence in a foreign 
                country that (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--
                            ``(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; or
                            ``(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.
    (c) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 1184(b)) 
is amended by striking ``subparagraph (L) or (V)'' and inserting 
``subparagraph (F)(iv), (J)(ii), (L), or (V)''.
    (d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8 U.S.C. 
1184(m)) is amended--
            (1) by inserting before paragraph (1) the following:
    ``(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School 
Students.--''; and
            (2) by adding at the end the following:
    ``(3) A visa issued to an alien under subparagraph (F)(iv) or 
(J)(ii) of section 101(a)(15) shall be valid--
            ``(A) during the intended period of study in a graduate 
        program described in such section;
            ``(B) for an additional period, not to exceed 1 year after 
        the completion of the graduate program, if the alien is 
        actively pursuing an offer of employment related to the 
        knowledge and skills obtained through the graduate program; and
            ``(C) for the additional period necessary for the 
        adjudication of any application for labor certification, 
        employment-based immigrant petition, and application under 
        section 245(a)(2) to adjust such alien's status to that of an 
        alien lawfully admitted for permanent residence, if such 
        application for labor certification or employment-based 
        immigrant petition has been filed not later than 1 year after 
        the completion of the graduate program.
    (e) Waiver of Foreign Residence Requirement.--Section 212(e) (8 
U.S.C. 1182(e)) is amended--
            (1) by inserting ``(1)'' before ``No person'';
            (2) by striking ``admission (i) whose'' and inserting the 
        following: ``admission--
            ``(A) whose
            (3) by striking ``residence, (ii) who'' and inserting the 
        following: ``residence;
            ``(B) who
            (4) by striking ``engaged, or (iii) who'' and inserting the 
        following: ``engaged; or
            ``(C) who
            (5) by striking ``training, shall'' and inserting the 
        following: ``training,
``shall
            (6) by striking ``United States: Provided, That upon'' and 
        inserting the following: ``United States.
    ``(2) Upon'';
            (7) by striking ``section 214(l): And provided further, 
        That, except'' and inserting the following: ``section 214(l).
    ``(3) Except''; and
            (8) by adding at the end the following:
    ``(4) An alien who 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.
    (f) Off Campus Work Authorization for Foreign Students.--
            (1) In general.--Aliens admitted as nonimmigrant students 
        described in section 101(a)(15)(F) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an 
        off-campus position unrelated to the alien's field of study 
        if--
                    (A) the alien has enrolled full-time at the 
                educational institution and is maintaining good 
                academic standing;
                    (B) the employer provides the educational 
                institution and the Secretary of Labor with an 
                attestation that the employer--
                            (i) has spent at least 21 days recruiting 
                        United States citizens to fill the position; 
                        and
                            (ii) will pay the alien and other similarly 
                        situated workers at a rate equal to not less 
                        than the greater of--
                                    (I) the actual wage level for the 
                                occupation at the place of employment; 
                                or
                                    (II) the prevailing wage level for 
                                the occupation in the area of 
                                employment; and
                    (C) the alien will not be employed more than--
                            (i) 20 hours per week during the academic 
                        term; or
                            (ii) 40 hours per week during vacation 
                        periods and between academic terms.
            (2) Disqualification.--If the Secretary of Labor determines 
        that an employer has provided an attestation under paragraph 
        (1)(B) that is materially false or has failed to pay wages in 
        accordance with the attestation, the employer, after notice and 
        opportunity for a hearing, shall be disqualified from employing 
        an alien student under paragraph (1).
    (g) Adjustment of Status.--Section 245(a) (8 U.S.C. 1255(a)) is 
amended to read as follows:
    ``(a) Authorization.--
            ``(1) In general.--The status of an alien, who was 
        inspected and admitted or paroled into the United States, or 
        who has an approved petition for classification under 
        subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 
        204(a)(1), may be adjusted by the Secretary of Homeland 
        Security or the Attorney General, under such regulations as the 
        Secretary or the Attorney General may prescribe, to that of an 
        alien lawfully admitted for permanent residence if--
                    ``(A) the alien makes an application for such 
                adjustment;
                    ``(B) the alien is eligible to receive an immigrant 
                visa;
                    ``(C) the alien is admissible to the United States 
                for permanent residence; and
                    ``(D) an immigrant visa is immediately available to 
                the alien at the time the application is filed.
            ``(2) Student visas.--Notwithstanding the requirement under 
        paragraph (1)(D), an alien may file an application for 
        adjustment of status under this section if--
                    ``(A) the alien has been issued a visa or otherwise 
                provided nonimmigrant status under subparagraph (J)(ii) 
                or (F)(iv) of section 101(a)(15), or would have 
                qualified for such nonimmigrant status if subparagraph 
                (J)(ii) or (F)(iv) of section 101(a)(15) had been 
                enacted before the completion of such alien's graduate 
                studies;
                    ``(B) the alien has earned an advanced degree in 
                the sciences, technology, engineering, or mathematics;
                    ``(C) the alien is the beneficiary of a petition 
                filed under subparagraph (E) or (F) of section 
                204(a)(1); and
                    ``(D) a fee of $2,000 is remitted to the Secretary 
                on behalf of the alien.
            ``(3) Limitation.--An application for adjustment of status 
        filed under this section may not be approved until an immigrant 
        visa number becomes available.
            ``(4) Filing in cases of unavailable visa numbers.--Subject 
        to the limitation described in paragraph (3), if a supplemental 
        petition fee is paid for a petition under subparagraph (E) or 
        (F) of section 204(a)(1), an application under paragraph (1) on 
        behalf of an alien that is a beneficiary of the petition 
        (including a spouse or child who is accompanying or following 
        to join the beneficiary) may be filed without regard to the 
        requirement under paragraph (1)(D).
            ``(5) Pending applications.--Subject to the limitation 
        described in paragraph (3), if a petition under subparagraph 
        (E) or (F) of section 204(a)(1) is pending or approved as of 
        the date of enactment of this paragraph, on payment of the 
        supplemental petition fee under that section, the alien that is 
        the beneficiary of the petition may submit an application for 
        adjustment of status under this subsection without regard to 
        the requirement under paragraph (1)(D).
            ``(6) Employment authorizations and advanced parole travel 
        documentation.--The Attorney General shall--
                    ``(A) provide to any immigrant who has submitted an 
                application for adjustment of status under this 
                subsection not less than 3 increments, the duration of 
                each of which shall be not less than 3 years, for any 
                applicable employment authorization or advanced parole 
                travel document of the immigrant; and
                    ``(B) adjust each applicable fee payment schedule 
                in accordance with the increments provided under 
                subparagraph (A) so that 1 fee for each authorization 
                or document is required for each 3-year increment.''
    (h) Use of Fees.--
            (1) Job training; scholarships.--Section 286(s)(1) (8 
        U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent of 
        the fees collected under section 245(a)(2)(D)'' before the 
        period at the end.
            (2) Fraud prevention and detection.--Section 286(v)(1) (8 
        U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent of 
        the fees collected under section 245(a)(2)(D)'' before the 
        period at the end.

SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical 
Limitations on Employment Based Immigrants.--
            (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), 
        as amended by section 505, is amended by adding at the end the 
        following:
                    ``(G) Aliens who have earned an advanced degree in 
                science, technology, engineering, or math and have been 
                working in a related field in the United States under a 
                nonimmigrant visa during the 3-year period preceding 
                their application for an immigrant visa under section 
                203(b).
                    ``(H) Aliens described in subparagraph (A) or (B) 
                of section 203(b)(1)(A) or who have received a national 
                interest waiver under section 203(b)(2)(B).
                    ``(I) The spouse and minor children of an alien who 
                is admitted as an employment-based immigrant under 
                section 203(b).''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply to any visa application--
                    (A) pending on the date of the enactment of this 
                Act; or
                    (B) filed on or after such date of enactment.
    (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 U.S.C. 
1182(a)(5)(A)(ii)) is amended--
            (1) in subclause (I), by striking ``or'' at the end;
            (2) in subclause (II), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(III) has an advanced degree in 
                                the sciences, technology, engineering, 
                                or mathematics from an accredited 
                                university in the United States and is 
                                employed in a field related to such 
                                degree.''.
    (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``(beginning with fiscal year 
                1992)''; and
                    (B) in subparagraph (A)--
                            (i) in clause (vii), by striking ``each 
                        succeeding fiscal year; or'' and inserting 
                        ``each of fiscal years 2004, 2005, and 2006;''; 
                        and
                            (ii) by adding after clause (vii) the 
                        following:
                            ``(viii) 115,000 in the first fiscal year 
                        beginning after the date of the enactment of 
                        this clause; and
                            ``(ix) the number calculated under 
                        paragraph (9) in each fiscal year after the 
                        year described in clause (viii); or'';
            (2) in paragraph (5)--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(D) has earned an advanced degree in science, 
                technology, engineering, or math.'';
            (3) by redesignating paragraphs (9), (10), and (11) as 
        paragraphs (10), (11), and (12), respectively; and
            (4) by inserting after paragraph (8) the following:
            ``(9) If the numerical limitation in paragraph (1)(A)--
                    ``(A) is reached during a given fiscal year, the 
                numerical limitation under paragraph (1)(A)(ix) for the 
                subsequent fiscal year shall be equal to 120 percent of 
                the numerical limitation of the given fiscal year; or
                    ``(B) is not reached during a given fiscal year, 
                the numerical limitation under paragraph (1)(A)(ix) for 
                the subsequent fiscal year shall be equal to the 
                numerical limitation of the given fiscal year.''.
    (d) Applicability.--The amendment made by subsection (c)(2) shall 
apply to any visa application--
            (1) pending on the date of the enactment of this Act; or
            (2) filed on or after such date of enactment.
    (e) Worldwide Level of Immigrants With Advanced Degrees.--Section 
201 (8 U.S.C. 1151) is amended--
            (1) in subsection (a)(3), by inserting ``and immigrants 
        with advanced degrees'' after ``diversity immigrants''; and
            (2) by amending subsection (e) to read as follows:
    ``(e) Worldwide Level of Diversity Immigrants and Immigrants With 
Advanced Degrees.--
            ``(1) Diversity immigrants.--The worldwide level of 
        diversity immigrants described in section 203(c)(1) is equal to 
        18,333 for each fiscal year.
            ``(2) Immigrants with advanced degrees.--The worldwide 
        level of immigrants with advanced degrees described in section 
        203(c)(2) is equal to 36,667 for each fiscal year.''.
    (f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 
1153(c)) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``paragraph (2), 
                aliens subject to the worldwide level specified in 
                section 201(e)'' and inserting ``paragraphs (2) and 
                (3), aliens subject to the worldwide level specified in 
                section 201(e)(1)'';
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively;
                    (C) by inserting after paragraph (1) the following:
            ``(2) Aliens who hold an advanced degree in science, 
        mathematics, technology, or engineering.--
                    ``(A) In general.--Qualified immigrants who hold a 
                master's or doctorate degree in the life sciences, the 
                physical sciences, mathematics, technology, or 
                engineering 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).
                    ``(B) Economic considerations.--Beginning on the 
                date which is 1 year after the date of the enactment of 
                this paragraph, the Secretary of State, in consultation 
                with the Secretary of Commerce and the Secretary of 
                Labor, and after notice and public hearing, shall 
                determine which of the degrees described in 
                subparagraph (A) will provide immigrants with the 
                knowledge and skills that are most needed to meet 
                anticipated workforce needs and protect the economic 
                security of the United States.'';
                    (D) in paragraph (3), as redesignated, by striking 
                ``this subsection'' each place it appears and inserting 
                ``paragraph (1)''; and
                    (E) by amending paragraph (4), as redesignated, to 
                read as follows:
            ``(4) Maintenance of information.--
                    ``(A) Diversity immigrants.--The Secretary of State 
                shall maintain information on the age, occupation, 
                education level, and other relevant characteristics of 
                immigrants issued visas under paragraph (1).
                    ``(B) Immigrants with advanced degrees.--The 
                Secretary of State shall maintain information on the 
                age, degree (including field of study), occupation, 
                work experience, and other relevant characteristics of 
                immigrants issued visas under paragraph (2).''; and
            (2) in subsection (e)--
                    (A) in paragraph (2), by striking ``(c)'' and 
                inserting ``(c)(1)'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
    ``(3) Immigrant visas made available under subsection (c)(2) shall 
be issued as follows:
    ``(A) If the Secretary of State has not made a determination under 
subsection (c)(2)(B), immigrant visas shall be issued in a strictly 
random order established by the Secretary for the fiscal year involved.
    ``(B) If the Secretary of State has made a determination under 
subsection (c)(2)(B) and the number of eligible qualified immigrants 
who have a degree selected under such subsection and apply for an 
immigrant visa described in subsection (c)(2) is greater than the 
worldwide level specified in section 201(e)(2), the Secretary shall 
issue immigrant visas only to such immigrants and in a strictly random 
order established by the Secretary for the fiscal year involved.
    ``(C) If the Secretary of State has made a determination under 
subsection (c)(2)(B) and the number of eligible qualified immigrants 
who have degrees selected under such subsection and apply for an 
immigrant visa described in subsection (c)(2) is not greater than the 
worldwide level specified in section 201(e)(2), the Secretary shall--
    ``(i) issue immigrant visas to eligible qualified immigrants with 
degrees selected in subsection (c)(2)(B); and
    ``(ii) issue any immigrant visas remaining thereafter to other 
eligible qualified immigrants with degrees described in subsection 
(c)(2)(A) in a strictly random order established by the Secretary for 
the fiscal year involved.''.
    (g) Effective Date.--The amendments made by subsections (e) and (f) 
shall take effect on October 1, 2006.

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:
            ``(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).''.

SEC. 510. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF 
              EXTRAORDINARY ARTISTIC ABILITY.

    Section 214(c) (8 U.S.C. 1184(c)) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (6)(D)--
                    (A) by Striking ``Any person'' and inserting ``(i) 
                Except as provided in clause (ii), any person''; and
                    (B) adding at the end the following:
            ``(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--
                    ``(I) the date on which the petitioner submits the 
                petition with a written advisory opinion, letter of no 
                objection, or request for a waiver; or
                    ``(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.
            ``(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.''.

SEC. 511. POWERLINE WORKERS.

    Section 214(e) (8 U.S.C. 1184(e)) is amended by adding at the end 
the following new paragraph:
            ``(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).''.

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:
            ``(3) Determinations with respect to children.--
                    ``(A) Use of application filing date.--
                Determinations made under this subsection as to whether 
                an individual is a child of a parent shall be made 
                using the age and status of the individual on October 
                21, 1998.
                    ``(B) Application submission by parent.--
                Notwithstanding paragraph (1)(C), an application under 
                this subsection filed based on status as a child may be 
                filed 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.''.
    (b) New Applications and Motions To Reopen.--
            (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--
                    (A) 2 years after the date of the enactment of this 
                Act; or
                    (B) 1 year after the date on which final 
                regulations implementing this section, and the 
                amendment made by subsection (a), are promulgated.
            (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).
            (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.
    (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),''.

                          Subtitle B--SKIL Act

SEC. 521. SHORT TITLE.

    This subtitle may be cited as the ``Securing Knowledge, Innovation, 
and Leadership Act of 2006'' or the ``SKIL Act of 2006''

SEC. 522. H-1B VISA HOLDERS.

    (a) In General.--Section 214(g)(5) (8 U.S.C. 1184(g)(5)) is 
amended--
            (1) in subparagraph (B)--
                    (A) by striking ``nonprofit research'' and 
                inserting ``nonprofit'';
                    (B) by inserting ``Federal, State, or local'' 
                before ``governmental''; and
                    (C) by striking ``or'' at the end;
            (2) in subparagraph (C)--
                    (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,''; and
                    (B) by striking the period at the end and inserting 
                a semicolon;
            (3) by adding at the end, the following new subparagraphs:
            ``(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)));
            ``(E) has been awarded medical specialty certification 
        based on post-doctoral training and experience in the United 
        States; or''.
    (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.

SEC. 523. MARKET-BASED VISA LIMITS.

    Section 214(g) (8 U.S.C. 1184(g)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``(beginning with fiscal year 1992)''; and
                    (B) in subparagraph (A)--
                            (i) in clause (vi) by striking ``and'';
                            (ii) in clause (vii), by striking ``each 
                        succeeding fiscal year; or'' and inserting 
                        ``each of fiscal years 2004, 2005, and 2006;''; 
                        and
                            (iii) by adding after clause (vii) the 
                        following:
                            ``(viii) 115,000 in the first fiscal year 
                        beginning after the date of the enactment of 
                        the Securing Knowledge, Innovation, and 
                        Leadership Act of 2006; and
                            ``(ix) the number calculated under 
                        paragraph (9) in each fiscal year after the 
                        year described in clause (viii); or'';
            (2) in paragraph (8), by striking subparagraphs (B)(iv) and 
        (D);
            (3) by redesignating paragraphs (9), (10), and (11) as 
        paragraphs (10), (11), and (12), respectively; and
            (4) by inserting after paragraph (8) the following:
            ``(9) If the numerical limitation in paragraph (1)(A)--
                    ``(A) is reached during a given fiscal year, the 
                numerical limitation under paragraph (1)(A)(ix) for the 
                subsequent fiscal year shall be equal to 120 percent of 
                the numerical limitation of the given fiscal year; or
                    ``(B) is not reached during a given fiscal year, 
                the numerical limitation under paragraph (1)(A)(ix) for 
                the subsequent fiscal year shall be equal to the 
                numerical limitation of the given fiscal year.''.

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:
                    ``(F) Aliens who have earned a master's or higher 
                degree from an accredited United States university.
                    ``(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).
                    ``(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.
                    ``(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).
                    ``(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).
                    ``(K) The spouse and minor children of an alien who 
                is admitted as an employment-based immigrant under 
                section 203(b).''.
    (b) Labor Certifications.--Section 212(a)(5)(A)(ii) (8 U.S.C. 
1182(a)(5)(A)(ii)) is amended--
            (1) by striking ``or'' at the end of subclause (I);
            (2) by striking the period at the end of subclause (II) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(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.''.

SEC. 525. STUDENT VISA REFORM.

    (a) In General.--
            (1) Nonimmigrant classification.--Section 101(a)(15)(F) (8 
        U.S.C. 1101(a)(15)(F)) is amended to read as follows:
            ``(F) an alien--
                    ``(i) who--
                            ``(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; or
                            ``(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;
                    ``(ii) who--
                            ``(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; or
                            ``(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;
                    ``(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; or
                    ``(iv) who--
                            ``(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; or
                            ``(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;''.
            (2) Admission.--Section 214(b) (8 U.S.C. 1184(b)) is 
        amended by inserting ``(F)(i),'' before ``(L) or (V)''.
            (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)''.
    (b) Off Campus Work Authorization for Foreign Students.--
            (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--
                    (A) the alien has enrolled full-time at the 
                educational institution and is maintaining good 
                academic standing;
                    (B) the employer provides the educational 
                institution and the Secretary of Labor with an 
                attestation that the employer--
                            (i) has spent at least 21 days recruiting 
                        United States citizens to fill the position; 
                        and
                            (ii) will pay the alien and other similarly 
                        situated workers at a rate equal to not less 
                        than the greater of--
                                    (I) the actual wage level for the 
                                occupation at the place of employment; 
                                or
                                    (II) the prevailing wage level for 
                                the occupation in the area of 
                                employment; and
                    (C) the alien will not be employed more than--
                            (i) 20 hours per week during the academic 
                        term; or
                            (ii) 40 hours per week during vacation 
                        periods and between academic terms.
            (2) Disqualification.--If the Secretary of Labor determines 
        that an employer has provided an attestation under paragraph 
        (1)(B) that is materially false or has failed to pay wages in 
        accordance with the attestation, the employer, after notice and 
        opportunity for a hearing, shall be disqualified from employing 
        an alien student under paragraph (1).

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 new subparagraph:
    ``(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.''.

SEC. 527. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

    (a) Adjustment of Status.--
            (1) In general.--Section 245(a) (8 U.S.C. 1255(a)) is 
        amended to read as follows:
    ``(a) Eligibility.--
            ``(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--
                    ``(A) the alien makes an application for such 
                adjustment;
                    ``(B) the alien is eligible to receive an immigrant 
                visa and is admissible to the United States for 
                permanent residence; and
                    ``(C) an immigrant visa is immediately available to 
                the alien at the time the application is filed.
            ``(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.
            ``(3) Visa availability.--An application for adjustment 
        filed under this paragraph may not be approved until such time 
        as an immigrant visa become available.''.
    (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).''.

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 new paragraph:
    ``(1) Not later than 180 days after the date of the enactment of 
the Securing Knowledge, Innovation, and Leadership Act of 2006, 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.''.

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.
    (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.

SEC. 530. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.

    (a) Prevailing Wage Rate.--
            (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.
            (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.
            (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.
    (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).
    (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.
    (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.
    (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.
    (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.

SEC. 531. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

    Section 103 (8 U.S.C. 1103) is amended by adding at the end the 
following new subsection:
    ``(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--
            ``(1) grant or order the grant of adjustment of status of 
        an alien to that of an alien lawfully admitted for permanent 
        residence;
            ``(2) grant or order the grant of any other status, relief, 
        protection from removal, or other benefit under the immigration 
        laws; or
            ``(3) issue any documentation evidencing or related to such 
        grant by the Secretary, the Attorney General, or any court.
    ``(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--
            ``(1) grant or order the grant of adjustment of status of 
        an alien to that of an alien lawfully admitted for permanent 
        residence;
            ``(2) grant or order the grant of any other status, relief, 
        protection from removal, or other benefit under the immigration 
        laws; or
            ``(3) issue any documentation evidencing or related to such 
        grant by the Secretary, the Attorney General, or any court.
    ``(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.''.

SEC. 532. VISA REVALIDATION.

    (a) In General.--Section 222 (8 U.S.C. 1202) is amended by adding 
at the end the following:
    ``(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--
            ``(1) such visa expired during the 12-month period ending 
        on the date of such application;
            ``(2) the alien is seeking a nonimmigrant visa under the 
        same subparagraph under which the alien had previously received 
        a visa; and
            ``(3) the alien has complied with the immigration laws and 
        regulations of the United States.''.
    (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''.

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''.

SEC. 542. DEFINITIONS.

    In this subtitle:
            (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.
            (2) Direct result of a specified hurricane disaster.--The 
        term ``direct result of a specified hurricane disaster''--
                    (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); and
                    (B) does not include collateral or consequential 
                economic effects in or on the United States or global 
                economies.

SEC. 543. SPECIAL IMMIGRANT STATUS.

    (a) Provision of Status.--
            (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--
                    (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));
                    (B) is otherwise eligible to receive an immigrant 
                visa; and
                    (C) is otherwise admissible to the United States 
                for permanent residence.
            (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.
    (b) Aliens Described.--
            (1) Principal aliens.--An alien is described in this 
        subsection if--
                    (A) the alien was the beneficiary of--
                            (i) a petition that was filed with the 
                        Secretary on or before August 26, 2005--
                                    (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)); or
                                    (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)); or
                            (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; and
                    (B) such petition or application was revoked or 
                terminated (or otherwise rendered null), before or 
                after its approval, solely due to--
                            (i) the death or disability of the 
                        petitioner, applicant, or alien beneficiary as 
                        a direct result of a specified hurricane 
                        disaster; or
                            (ii) loss of employment as a direct result 
                        of a specified hurricane disaster.
            (2) Spouses and children.--
                    (A) In general.--An alien is described in this 
                subsection if--
                            (i) the alien, as of August 26, 2005, was 
                        the spouse or child of a principal alien 
                        described in paragraph (1); and
                            (ii) the alien--
                                    (I) is accompanying such principal 
                                alien; or
                                    (II) is following to join such 
                                principal alien not later than August 
                                26, 2007.
                    (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.
            (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.
    (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.
    (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)).

SEC. 544. EXTENSION OF FILING OR REENTRY DEADLINES.

    (a) Automatic Extension of Nonimmigrant Status.--
            (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--
                    (A) the date on which such lawful nonimmigrant 
                status would have otherwise terminated absent the 
                enactment of this subsection; or
                    (B) 1 year after the death or onset of disability 
                described in paragraph (2).
            (2) Aliens described.--
                    (A) Principal aliens.--An alien is described in 
                this paragraph if the alien was disabled as a direct 
                result of a specified hurricane disaster.
                    (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--
                            (i) a principal alien described in 
                        subparagraph (A); or
                            (ii) an alien who died as a direct result 
                        of a specified hurricane disaster.
            (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.
    (b) New Deadlines for Extension or Change of Nonimmigrant Status.--
            (1) Filing delays.--
                    (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.
                    (B) Circumstances preventing timely action.--For 
                purposes of subparagraph (A), circumstances preventing 
                an alien from timely acting are--
                            (i) office closures;
                            (ii) mail or courier service cessations or 
                        delays;
                            (iii) other closures, cessations, or delays 
                        affecting case processing or travel necessary 
                        to satisfy legal requirements;
                            (iv) mandatory evacuation and relocation; 
                        or
                            (v) other circumstances, including medical 
                        problems or financial hardship.
            (2) Departure delays.--
                    (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.
                    (B) Circumstances preventing timely action.--For 
                purposes of subparagraph (A), circumstances preventing 
                an alien from timely acting are--
                            (i) office closures;
                            (ii) transportation cessations or delays;
                            (iii) other closures, cessations, or delays 
                        affecting case processing or travel necessary 
                        to satisfy legal requirements;
                            (iv) mandatory evacuation and relocation; 
                        or
                            (v) other circumstances, including medical 
                        problems or financial hardship.
    (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:
    ``(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.''.
    (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.
    (e) Voluntary Departure.--
            (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.
            (2) Circumstances preventing departure.--For purposes of 
        this subsection, circumstances preventing an alien from 
        voluntarily departing the United States are--
                    (A) office closures;
                    (B) transportation cessations or delays;
                    (C) other closures, cessations, or delays affecting 
                case processing or travel necessary to satisfy legal 
                requirements;
                    (D) mandatory evacuation and removal; and
                    (E) other circumstances, including medical problems 
                or financial hardship.
    (f) Current Nonimmigrant Visa Holders.--
            (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.
            (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.
            (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)).

SEC. 545. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND 
              CHILDREN.

    (a) Treatment as Immediate Relatives.--
            (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.
            (2) Children.--
                    (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.
                    (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)).
    (b) Spouses, Children, Unmarried Sons and Daughters of Lawful 
Permanent Resident Aliens.--
            (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.
            (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.
            (3) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    (A) died as a direct result of a specified 
                hurricane disaster; and
                    (B) on the day of such death, was lawfully admitted 
                for permanent residence in the United States.
    (c) Applications for Adjustment of Status by Surviving Spouses and 
Children of Employment-Based Immigrants.--
            (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.
            (2) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    (A) died as a direct result of a specified 
                hurricane disaster; and
                    (B) on the day before such death, was--
                            (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)); or
                            (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.
    (d) Applications by Surviving Spouses and Children of Refugees and 
Asylees.--
            (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.
            (2) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    (A) died as a direct result of a specified 
                hurricane disaster; and
                    (B) on the day before such death, was--
                            (i) an alien admitted as a refugee under 
                        section 207 of the Immigration and Nationality 
                        Act (8 U.S.C. 1157); or
                            (ii) granted asylum under section 208 of 
                        such Act (8 U.S.C. 1158).
    (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.

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.

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.

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.
    (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--
            (1) the Committee on the Judiciary of the Senate; and
            (2) the Committee of the Judiciary of the House of 
        Representatives.
    (c) Sunset Date.--The authority under subsection (a) shall expire 
on August 26, 2008.

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.

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--
            (1) who was in lawful status on August 26, 2005; and
            (2) whose failure to comply with the immigration laws was a 
        direct result of a specified hurricane disaster.

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--
            (1) death;
            (2) disability; or
            (3) loss of employment due to physical damage to, or 
        destruction of, a business.

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, 
2006.
    (b) Issuance.--An agency may not issue identity documents under 
this section after January 1, 2006.
    (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.
    (d) No Proof of Citizenship.--Identity documents issued under this 
section shall not constitute proof of citizenship or immigration 
status.

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.

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.
    (b) Aliens Described.--An alien is described in this subsection if 
the alien--
            (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; and
            (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.

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.
    (b) Aliens Described.--An alien is described in this subsection if 
the alien--
            (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)); and
            (2) fails to satisfy a term or condition of such status as 
        a direct result of a specified hurricane disaster.

     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 2006''.
    (b) Adjustment of Status.--
            (1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et 
        seq.) is amended by inserting after section 245A the following:

``SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

    ``(a) Adjustment of Status.--
            ``(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:
                    ``(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.
                    ``(B) Continuous physical presence.--
                            ``(i) In general.--The alien shall 
                        establish that the alien--
                                    ``(I) was physically present in the 
                                United States on or before the date 
                                that is 5 years before April 5, 2006;
                                    ``(II) was not legally present in 
                                the United States on April 5, 2006, 
                                under any classification set forth in 
                                section 101(a)(15); and
                                    ``(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.
                            ``(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.
                    ``(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.
                    ``(D) Employment in united states.--
                            ``(i) In general.--The alien shall have 
                        been employed in the United States, in the 
                        aggregate, for--
                                    ``(I) at least 3 years during the 
                                5-year period ending on April 5, 2006; 
                                and
                                    ``(II) at least 6 years after the 
                                date of enactment of the Immigrant 
                                Accountability Act of 2006.
                            ``(ii) Exceptions.--
                                    ``(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 2006.
                                    ``(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.
                                    ``(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 2006 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.
                                    ``(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.
                                    ``(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 
                                2006.
                            ``(iii) Portability.--An alien shall not be 
                        required to complete the employment 
                        requirements in clause (i) with the same 
                        employer.
                            ``(iv) Evidence of employment.--
                                    ``(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:
                                            ``(aa) Records maintained 
                                        by the Social Security 
                                        Administration.
                                            ``(bb) Records maintained 
                                        by an employer, such as pay 
                                        stubs, time sheets, or 
                                        employment work verification.
                                            ``(cc) Records maintained 
                                        by the Internal Revenue 
                                        Service.
                                            ``(dd) Records maintained 
                                        by a union or day labor center.
                                            ``(ee) Records maintained 
                                        by any other government agency, 
                                        such as worker compensation 
                                        records, disability records, or 
                                        business licensing records.
                                    ``(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--
                                            ``(aa) bank records;
                                            ``(bb) business records;
                                            ``(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; or
                                            ``(dd) remittance records.
                            ``(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.
                    ``(E) Payment of income taxes.--
                            ``(i) In general.--Not later than the date 
                        on which status is adjusted under this section, 
                        the alien establishes the payment of any 
                        applicable Federal tax liability by 
                        establishing that--
                                    ``(I) no such tax liability exists;
                                    ``(II) all outstanding liabilities 
                                have been paid; or
                                    ``(III) the alien has entered into 
                                an agreement for payment of all 
                                outstanding liabilities with the 
                                Internal Revenue Service.
                            ``(ii) Applicable federal 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.
                            ``(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.
                ``(i) In general.--The alien may satisfy such 
                requirement by establishing that--
                        ``(I) no such tax liability exists;
                        ``(II) all outstanding liabilities have been 
                        met; or
                        ``(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.
                ``(ii) 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 prior to 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.
                    ``(F) Basic citizenship skills.--
                            ``(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).
                            ``(ii) Exceptions.--
                                    ``(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.
                                    ``(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.
                    ``(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.
                    ``(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.
                    ``(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 
                Comprehensive Immigration Reform Act of 2006.
            ``(2) Spouses and children.--
                    ``(A) In general.--
                            ``(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--
                                    ``(I) the spouse, or child who was 
                                under 21 years of age on the date of 
                                enactment of the Immigrant 
                                Accountability Act of 2006, of an alien 
                                who adjusts status or is eligible to 
                                adjust status to that of a permanent 
                                resident under paragraph (1); or
                                    ``(II) an alien who, within 5 years 
                                preceding the date of enactment of the 
                                Immigrant Accountability Act of 2006, 
                                was the spouse or child of an alien who 
                                adjusts status to that of a permanent 
                                resident under paragraph (1), if--
                                            ``(aa) the termination of 
                                        the qualifying relationship was 
                                        connected to domestic violence; 
                                        or
                                            ``(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).
                            ``(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).
                    ``(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.
                    ``(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.
            ``(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.
    ``(b) Grounds of Inadmissibility.--
            ``(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):
                    ``(A) Paragraph (1) (relating to health).
                    ``(B) Paragraph (2) (relating to criminals).
                    ``(C) Paragraph (3) (relating to security and 
                related grounds).
                    ``(D) Subparagraphs (A) and (C) of paragraph (10) 
                (relating to polygamists and child abductors).
            ``(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).
            ``(3) Waiver of other grounds.--
                    ``(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.
                    ``(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).
            ``(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.
            ``(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.
            ``(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).
            ``(6) Ineligibility.--
                    ``(A) In general.--An alien is ineligible for 
                adjustment to lawful permanent resident status under 
                this section if--
                            ``(i) the alien has been ordered removed 
                        from the United States--
                                    ``(I) for overstaying the period of 
                                authorized admission under section 217;
                                    ``(II) under section 235 or 238; or
                                    ``(III) pursuant to a final order 
                                of removal under section 240;
                            ``(ii) the alien failed to depart the 
                        United States during the period of a voluntary 
                        departure order issued under section 240B;
                            ``(iii) the alien is subject to section 
                        241(a)(5);
                            ``(iv) the Secretary of Homeland Security 
                        determines that--
                                    ``(I) the alien, having been 
                                convicted by a final judgment of a 
                                serious crime, constitutes a danger to 
                                the community of the United States;
                                    ``(II) there are reasonable grounds 
                                for believing that the alien has 
                                committed a serious crime outside the 
                                United States prior to the arrival of 
                                the alien in the United States; or
                                    ``(III) there are reasonable 
                                grounds for regarding the alien as a 
                                danger to the security of the United 
                                States; or
                            ``(v) the alien has been convicted of a 
                        felony or 3 or more misdemeanors.
                    ``(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--
                            ``(i) entry into the United States without 
                        inspection;
                            ``(ii) remaining in the United States 
                        beyond the period of authorized admission; or
                            ``(iii) failure to maintain legal status 
                        while in the United States.
                    ``(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--
                            ``(i) entered without inspection;
                            ``(ii) failed to maintain status; or
                            ``(iii) was ordered removed under 
                        212(a)(6)(C)(i) prior to April 7, 2006,
                ``and--
                            ``(i) demonstrates that the alien did not 
                        receive notice of removal proceedings in 
                        accordance with paragraph (1) or (2) of section 
                        239(a); or
                            ``(ii) establishes that the alien's failure 
                        to appear was due to exceptional circumstances 
                        beyond the control of the alien; or
                            ``(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.
    ``(c) Treatment of Applicants.--
            ``(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)--
                    ``(A) shall be granted employment authorization 
                pending final adjudication of the alien's application 
                for adjustment of status;
                    ``(B) shall be granted permission to travel abroad 
                pursuant to regulation pending final adjudication of 
                the alien's application for adjustment of status;
                    ``(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; and
                    ``(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.
            ``(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--
                    ``(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); and
                    ``(B) reflects the benefits and status set forth in 
                paragraph (1).
            ``(3) Security and law enforcement clearance.--Before an 
        alien is granted employment authorization or permission to 
        travel under paragraph (1), the alien shall be required to 
        undergo a name check against existing databases for information 
        relating to criminal, national security, or other law 
        enforcement actions. The 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.
            ``(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.
    ``(e) Confidentiality of Information.--
            ``(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--
                    ``(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;
                    ``(B) make any publication through which the 
                information furnished by any particular applicant can 
                be identified; or
                    ``(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.
            ``(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.
            ``(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.
    ``(f) Penalties for False Statements in Applications.--
            ``(1) Criminal penalty.--
                    ``(A) Violation.--It shall be unlawful for any 
                person to--
                            ``(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; or
                            ``(ii) create or supply a false writing or 
                        document for use in making such an application.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined in accordance with 
                title 18, United States Code, or imprisoned not more 
                than 5 years, or both.
            ``(2) Inadmissibility.--An alien who is convicted of a 
        crime under paragraph (1) shall be considered to be 
        inadmissible to the United States.
            ``(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.
    ``(g) 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.).
    ``(h) Relationships of Application to Certain Orders.--
            ``(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).
            ``(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.
    ``(i) 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.
    ``(j) Administrative and Judicial Review.--
            ``(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).
            ``(2) Administrative review.--
                    ``(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).
                    ``(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.
            ``(3) Judicial review.--
                    ``(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.
                    ``(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).
                    ``(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.
            ``(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.
    ``(k) 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.
    ``(l) Employer Protections.--
            ``(1) Immigration status of alien.--Employers of aliens 
        applying for adjustment of status under this section shall not 
        be subject to civil and criminal tax liability relating 
        directly to the employment of such alien.
            ``(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.
            ``(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.
    ``(m) Authorization of Funds; Fines.--
            ``(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.
            ``(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.
            ``(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.
            ``(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--
                    ``(A) 80 percent of such funds shall be available 
                to the Department of Homeland Security for border 
                security purposes;
                    ``(B) 10 percent of such funds shall be available 
                to the Department of Homeland Security for implementing 
                and processing applications under this section; and
                    ``(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.
            ``(5) State impact assistance fee.--
                    ``(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--
                            ``(i) $750 for the principal alien; and
                            ``(ii) $100 for the spouse and each child 
                        described in subsection (a)(2).
                    ``(B) Use of fee.--The fees collected under 
                subparagraph (A) shall be deposited in the State Impact 
                Assistance Account established under section 286(x).
    ``(n) 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.
    ``(o) Issuance of Regulations.--Not later than 120 days after the 
date of enactment of the Immigrant Accountability Act of 2006, the 
Secretary of Homeland Security shall issue regulations to implement 
this section.''.
            (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:

``245B. Access to Earned Adjustment.''.
    (c) Mandatory Departure and Reentry.--
            (1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et 
        seq.), as amended by subsection (b)(1), is further amended by 
        inserting after section 245B the following:

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

    ``(a) In General.--The Secretary of Homeland Security may grant 
Deferred Mandatory Departure status to aliens who are in the United 
States illegally to allow such aliens time to depart the United States 
and to seek admission as a nonimmigrant or immigrant alien.
    ``(b) Requirements.--Notwithstanding section 244(h), an alien 
desiring an adjustment of status under subsection (a) shall meet the 
following requirements:
            ``(1) Presence.--The alien shall establish that the alien--
                    ``(A) was physically present in the United States 
                on January 7, 2004;
                    ``(B) has been continuously in the United States 
                since such date, except for brief, casual, and innocent 
                departures; and
                    ``(C) was not legally present in the United States 
                on that date under any classification set forth in 
                section 101(a)(15).
            ``(2) Employment.--
                    ``(A) In general.--The alien shall establish that 
                the alien--
                            ``(i) was employed in the United States, 
                        whether full time, part time, seasonally, or 
                        self-employed, before January 7, 2004; and
                            ``(ii) has been continuously employed in 
                        the United States since that date, except for 
                        brief periods of unemployment lasting not 
                        longer than 60 days.
                    ``(B) Evidence of employment.--
                            ``(i) In general.--An alien may 
                        conclusively establish employment status in 
                        compliance with subparagraph (A) by submitting 
                        to the Secretary of Homeland Security records 
                        demonstrating such employment maintained by--
                                    ``(I) the Social Security 
                                Administration, Internal Revenue 
                                Service, or by any other Federal, 
                                State, or local government agency;
                                    ``(II) an employer; or
                                    ``(III) a labor union, day labor 
                                center, or an organization that assists 
                                workers in matters related to 
                                employment.
                            ``(ii) Other documents.--An alien who is 
                        unable to submit a document described in 
                        subclauses (I) through (III) of clause (i) may 
                        satisfy the requirement in subparagraph (A) by 
                        submitting to the Secretary at least 2 other 
                        types of reliable documents that provide 
                        evidence of employment, including--
                                    ``(I) bank records;
                                    ``(II) business records;
                                    ``(III) sworn affidavits from 
                                nonrelatives who have direct knowledge 
                                of the alien's work, 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; or
                                    ``(IV) remittance records.
                            ``(iii) Intent of congress.--It is the 
                        intent of Congress that the requirement in this 
                        subsection be interpreted and implemented in a 
                        manner that recognizes and takes into account 
                        the difficulties encountered by aliens in 
                        obtaining evidence of employment due to the 
                        undocumented status of the alien.
                            ``(iv) Burden of proof.--An alien who is 
                        applying for adjustment of status under this 
                        section has the burden of proving by a 
                        preponderance of the evidence that the alien 
                        has satisfied the requirements of this 
                        subsection. An alien may meet such burden of 
                        proof by producing sufficient evidence to 
                        demonstrate such employment as a matter of 
                        reasonable inference.
                    ``(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 2006.
            ``(3) Admissibility.--
                    ``(A) In general.--The alien shall establish that 
                such alien--
                            ``(i) is admissible to the United States, 
                        except as provided as in (B); and
                            ``(ii) has not assisted in the persecution 
                        of any person or persons on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion.
                    ``(B) Grounds not applicable.--The provisions of 
                paragraphs (5), (6)(A), (7), and (9)(B) of section 
                212(a) shall not apply.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                may waive any other provision of section 212(a), or a 
                ground of ineligibility under paragraph (4), in the 
                case of individual aliens for humanitarian purposes, to 
                assure family unity, or when it is otherwise in the 
                public interest.
            ``(4) Ineligibility.--
                    ``(A) In general.--The alien is ineligible for 
                Deferred Mandatory Departure status if the alien--
                            ``(i) has been ordered removed from the 
                        United States--
                                    ``(I) for overstaying the period of 
                                authorized admission under section 217;
                                    ``(II) under section 235 or 238; or
                                    ``(III) pursuant to a final order 
                                of removal under section 240;
                            ``(ii) the alien failed to depart the 
                        United States during the period of a voluntary 
                        departure order issued under section 240B;
                            ``(iii) the alien is subject to section 
                        241(a)(5);
                            ``(iv) the Secretary of Homeland Security 
                        determines that--
                                    ``(I) the alien, having been 
                                convicted by a final judgment of a 
                                serious crime, constitutes a danger to 
                                the community of the United States;
                                    ``(II) there are reasonable grounds 
                                for believing that the alien has 
                                committed a serious crime outside the 
                                United States prior to the arrival of 
                                the alien in the United States; or
                                    ``(III) there are reasonable 
                                grounds for regarding the alien as a 
                                danger to the security of the United 
                                States; or
                            ``(v) the alien has been convicted of a 
                        felony or 3 or more misdemeanors.
                    ``(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--
                            ``(i) entry into the United States without 
                        inspection;
                            ``(ii) remaining in the United States 
                        beyond the period of authorized admission; or
                            ``(iii) failure to maintain legal status 
                        while in the United States.
                    ``(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--
                            ``(i) entered without inspection;
                            ``(ii) failed to maintain status; or
                            ``(iii) was ordered removed under 
                        212(a)(6)(C)(i) prior to April 7, 2006,
                ``and--
                            ``(i) demonstrates that the alien did not 
                        receive notice of removal proceedings in 
                        accordance with paragraph (1) or (2) of section 
                        239(a); or
                            ``(ii) establishes that the alien's failure 
                        to appear was due to exceptional circumstances 
                        beyond the control of the alien; or
                            ``(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.
            ``(5) Medical examination.--The alien may be required, at 
        the alien's expense, to undergo such a medical examination 
        (including a determination of immunization status) as is 
        appropriate and conforms to generally accepted professional 
        standards of medical practice.
            ``(6) Termination.--The Secretary of Homeland Security may 
        terminate an alien's Deferred Mandatory Departure status if--
                    ``(A) the Secretary of Homeland Security determines 
                that the alien was not in fact eligible for such 
                status; or
                    ``(B) the alien commits an act that makes the alien 
                removable from the United States.
            ``(7) Application content and waiver.--
                    ``(A) Application form.--The Secretary of Homeland 
                Security shall create an application form that an alien 
                shall be required to complete as a condition of 
                obtaining Deferred Mandatory Departure status.
                    ``(B) Content.--In addition to any other 
                information that the Secretary requires to determine an 
                alien's eligibility for Deferred Mandatory Departure, 
                the Secretary shall require an alien to answer 
                questions concerning the alien's physical and mental 
                health, criminal history, gang membership, renunciation 
                of gang affiliation, immigration history, involvement 
                with groups or individuals that have engaged in 
                terrorism, genocide, persecution, or who seek the 
                overthrow of the United States Government, voter 
                registration history, claims to United States 
                citizenship, and tax history.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                shall require an alien to include with the application 
                a waiver of rights that explains to the alien that, in 
                exchange for the discretionary benefit of obtaining 
                Deferred Mandatory Departure status, the alien agrees 
                to waive any right to 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).
                    ``(D) Knowledge.--The Secretary of Homeland 
                Security shall require an alien to include with the 
                application a signed certification in which the alien 
                certifies that the alien has read and understood all of 
                the questions and statements on the application form, 
                and that the alien certifies under penalty of perjury 
                under the laws of the United States that the 
                application, and any evidence submitted with it, are 
                all true and correct, and that the applicant authorizes 
                the release of any information contained in the 
                application and any attached evidence for law 
                enforcement purposes.
    ``(c) Implementation and Application Time Periods.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        ensure that the application process is secure and incorporates 
        antifraud protection. The Secretary of Homeland Security shall 
        interview an alien to determine eligibility for Deferred 
        Mandatory Departure status and shall utilize biometric 
        authentication at time of document issuance.
            ``(2) Initial receipt of applications.--The Secretary of 
        Homeland Security shall begin accepting applications for 
        Deferred Mandatory Departure status not later than 3 months 
        after the date on which the application form is first made 
        available.
            ``(3) Application.--An alien must submit an initial 
        application for Deferred Mandatory Departure status not later 
        than 6 months after the date on which the application form is 
        first made available. An alien that fails to comply with this 
        requirement is ineligible for Deferred Mandatory Departure 
        status. The provisions under subsections (e) and (f) of section 
        245B shall apply to applications filed under this section.
            ``(4) Completion of processing.--The Secretary of Homeland 
        Security shall ensure that all applications for Deferred 
        Mandatory Departure status are processed not later than 12 
        months after the date on which the application form is first 
        made available.
    ``(d) Security and Law Enforcement Background Checks.--An alien may 
not be granted Deferred Mandatory Departure status unless the alien 
submits biometric data in accordance with procedures established by the 
Secretary of Homeland Security. The Secretary of Homeland Security may 
not grant Deferred Mandatory Departure status until all appropriate 
background checks are completed to the satisfaction of the Secretary of 
Homeland Security.
    ``(e) Acknowledgment.--
            ``(1) In general.--An alien who applies for Deferred 
        Mandatory Departure status shall submit to the Secretary of 
        Homeland Security--
                    ``(A) an acknowledgment made in writing and under 
                oath that the alien--
                            ``(i) is unlawfully present in the United 
                        States and subject to removal or deportation, 
                        as appropriate, under this Act; and
                            ``(ii) understands the terms of the terms 
                        of Deferred Mandatory Departure;
                    ``(B) any Social Security account number or card in 
                the possession of the alien or relied upon by the 
                alien;
                    ``(C) any false or fraudulent documents in the 
                alien's possession.
            ``(2) Use of information.--None of the documents or other 
        information provided in accordance with paragraph (1) may be 
        used in a criminal proceeding against the alien providing such 
        documents or information.
    ``(f) Mandatory Departure.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        grant Deferred Mandatory Departure status to an alien who meets 
        the requirements of this section for a period not to exceed 3 
        years.
            ``(2) Registration at time of departure.--An alien granted 
        Deferred Mandatory Departure shall--
                    ``(A) depart from the United States before the 
                expiration of the period of Deferred Mandatory 
                Departure status;
                    ``(B) register with the Secretary of Homeland 
                Security at the time of departure; and
                    ``(C) surrender any evidence of Deferred Mandatory 
                Departure status at the time of departure.
            ``(3) Application for readmission.--
                    ``(A) In general.--An alien under this section may 
                apply for admission to the United States as an 
                immigrant or nonimmigrant while in the United States or 
                from any location outside of the United States, but may 
                not be granted admission until the alien has departed 
                from the United States in accordance with paragraph 
                (2).
                    ``(B) Approval.--The Secretary may approve an 
                application under subparagraph (A) during the period in 
                which the alien is present in the United States under 
                Deferred Mandatory Departure status.
                    ``(C) US-VISIT.--An alien in Deferred Mandatory 
                Departure status who is seeking admission as a 
                nonimmigrant or immigrant alien may exit the United 
                States and immediately reenter the United States at any 
                land port of entry at which the US-VISIT exit and entry 
                system can process such alien for admission into the 
                United States.
                    ``(D) Interview requirements.--Notwithstanding any 
                other provision of law, any admission requirement 
                involving in-person interviews at a consulate of the 
                United States shall be waived for aliens granted 
                Deferred Mandatory Departure status under this section.
                    ``(E) Waiver of numerical limitations.--The 
                numerical limitations under section 214 shall not apply 
                to any alien who is admitted as a nonimmigrant under 
                this paragraph.
            ``(4) Effect of readmission on spouse or child.--The spouse 
        or child of an alien granted Deferred Mandatory Departure and 
        subsequently granted an immigrant or nonimmigrant visa before 
        departing the United States shall be--
                    ``(A) deemed to have departed under this section 
                upon the successful admission of the principal alien; 
                and
                    ``(B) eligible for the derivative benefits 
                associated with the immigrant or nonimmigrant visa 
                granted to the principal alien without regard to 
                numerical caps related to such visas.
            ``(5) Waivers.--The Secretary of Homeland Security may 
        waive the departure requirement under this subsection if the 
        alien--
                    ``(A) is granted an immigrant or nonimmigrant visa; 
                and
                    ``(B) can demonstrate that the departure of the 
                alien would create a substantial hardship on the alien 
                or an immediate family member of the alien.
            ``(6) Return in legal status.--An alien who complies with 
        the terms of Deferred Mandatory Departure status and who 
        departs before the expiration of such status--
                    ``(A) shall not be subject to section 212(a)(9)(B);
                    ``(B) if otherwise eligible, may immediately seek 
                admission as a nonimmigrant or immigrant; and
                    ``(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).
            ``(7) Failure to depart.--An alien who fails to depart the 
        United States prior to the expiration of Mandatory Deferred 
        Departure status is not eligible and may not apply for or 
        receive any immigration relief or benefit under this Act or any 
        other law for a period of 10 years, with the exception of 
        section 208 or 241(b)(3) or the Convention Against Torture and 
        Other Cruel, Inhuman or Degrading Treatment or Punishment, done 
        at New York December 10, 1984, in the case of an alien who 
        indicates either an intention to apply for asylum under section 
        208 or a fear of persecution or torture.
            ``(8) Penalties for delayed departure.--An alien who fails 
        to depart immediately shall be subject to--
                    ``(A) no fine if the alien departs not later than 1 
                year after the grant of Deferred Mandatory Departure;
                    ``(B) a fine of $2,000 if the alien does not depart 
                within 2 years after the grant of Deferred Mandatory 
                Departure; and
                    ``(C) a fine of $3,000 if the alien does not depart 
                within 3 years after the grant of Deferred Mandatory 
                Departure.
    ``(g) Evidence of Deferred Mandatory Departure Status.--Evidence of 
Deferred Mandatory Departure status shall be machine-readable and 
tamper-resistant, shall allow for biometric authentication, and shall 
comply with the requirements under section 403 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note). The Secretary of Homeland Security is authorized to 
incorporate integrated-circuit technology into the document. The 
Secretary of Homeland Security shall consult with the Forensic Document 
Laboratory in designing the document. The document may serve as a 
travel, entry, and work authorization document during the period of its 
validity. The document may be accepted by an employer as evidence of 
employment authorization and identity under section 274A(c).
    ``(h) Terms of Status.--
            ``(1) Reporting.--During the period of Deferred Mandatory 
        Departure, an alien shall comply with all registration 
        requirements under section 264.
            ``(2) Travel.--
                    ``(A) An alien granted Deferred Mandatory Departure 
                is not subject to section 212(a)(9) for any unlawful 
                presence that occurred prior to the Secretary of 
                Homeland Security granting the alien Deferred Mandatory 
                Departure status.
                    ``(B) Under regulations established by the 
                Secretary of Homeland Security, an alien granted 
                Deferred Mandatory Departure--
                            ``(i) may travel outside of the United 
                        States and may be readmitted if the period of 
                        Deferred Mandatory Departure status has not 
                        expired; and
                            ``(ii) must establish at the time of 
                        application for admission that the alien is 
                        admissible under section 212.
                    ``(C) Effect on period of authorized admission.--
                Time spent outside the United States under subparagraph 
                (B) shall not extend the period of Deferred Mandatory 
                Departure status.
            ``(3) Benefits.--During the period in which an alien is 
        granted Deferred Mandatory Departure under this section--
                    ``(A) the alien shall not be considered to be 
                permanently residing in the United States under the 
                color of law and shall be treated as a nonimmigrant 
                admitted under section 214; and
                    ``(B) the alien may be deemed ineligible for public 
                assistance by a State (as defined in section 
                101(a)(36)) or any political subdivision thereof which 
                furnishes such assistance.
    ``(i) Prohibition on Change of Status or Adjustment of Status.--
            ``(1) In general.--Before leaving the United States, an 
        alien granted Deferred Mandatory Departure status may not apply 
        to change status under section 248.
            ``(2) Adjustment of status.--An alien may not adjust to an 
        immigrant classification under this section until after the 
        earlier of--
                    ``(A) the consideration of all applications filed 
                under section 201, 202, or 203 before the date of 
                enactment of this section; or
                    ``(B) 8 years after the date of enactment of this 
                section.
    ``(j) Application Fee.--
            ``(1) In general.--An alien seeking a grant of Deferred 
        Mandatory Departure status shall submit, in addition to any 
        other fees authorized by law, an application fee of $1,000.
            ``(2) Use of fee.--The fees collected under paragraph (1) 
        shall be available for use by the Secretary of Homeland 
        Security for activities to identify, locate, or remove illegal 
        aliens.
            ``(3) State impact assistance fee.--
                    ``(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.
                    ``(B) Use of fee.--The fees collected under 
                subparagraph (A) shall be deposited in the State Impact 
                Assistance Account established under section 286(x).
    ``(k) Family Members.--
            ``(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.
            ``(2) Application fee.--
                    ``(A) In general.--The spouse or child of an alien 
                seeking Deferred Mandatory Departure status shall 
                submit, in addition to any other fee authorized by law, 
                an additional fee of $500.
                    ``(B) Use of fee.--The fees collected under 
                subparagraph (A) shall be available for use by the 
                Secretary of Homeland Security for activities to 
                identify, locate, or remove aliens who are removable 
                under section 237.
            ``(3) State impact assistance fee.--
                    ``(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.
                    ``(B) Use of fee.--The fees collected under 
                subparagraph (A) shall be deposited in the State Impact 
                Assistance Account established under section 286(x).
    ``(l) Employment.--
            ``(1) In general.--An alien who has applied for or has been 
        granted Deferred Mandatory Departure status may be employed in 
        the United States.
            ``(2) Continuous employment.--An alien granted Deferred 
        Mandatory Departure status must be employed while in the United 
        States. An alien who fails to be employed for 60 days is 
        ineligible for hire until the alien has departed the United 
        States and reentered. The Secretary of Homeland Security may 
        reauthorize an alien for employment without requiring the 
        alien's departure from the United States.
    ``(m) Enumeration of Social Security Number.--The Secretary of 
Homeland Security, in coordination with the Commissioner of the Social 
Security system, shall implement a system to allow for the enumeration 
of a Social Security number and production of a Social Security card at 
the time the Secretary of Homeland Security grants an alien Deferred 
Mandatory Departure status.
    ``(n) Penalties for False Statements in Application for Deferred 
Mandatory Departure.--
            ``(1) Criminal penalty.--
                    ``(A) Violation.--It shall be unlawful for any 
                person--
                            ``(i) to file or assist in filing an 
                        application for adjustment of status under this 
                        section and knowingly and willfully falsify, 
                        misrepresent, conceal, or cover up a material 
                        fact or make any false, fictitious, or 
                        fraudulent statements or representations, or 
                        make or use any false writing or document 
                        knowing the same to contain any false, 
                        fictitious, or fraudulent statement or entry; 
                        or
                            ``(ii) to create or supply a false writing 
                        or document for use in making such an 
                        application.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined in accordance with 
                title 18, United States Code, imprisoned not more than 
                5 years, or both.
            ``(2) Inadmissibility.--An alien who is convicted of a 
        crime under paragraph (1) shall be considered to be 
        inadmissible to the United States on the ground described in 
        section 212(a)(6)(C)(i).
    ``(o) Relation to Cancellation of Removal.--With respect to an 
alien granted Deferred Mandatory Departure status under this section, 
the period of such status shall not be counted as a period of physical 
presence in the United States for purposes of section 240A(a), unless 
the Secretary of Homeland Security determines that extreme hardship 
exists.
    ``(p) Waiver of Rights.--An alien is not eligible for Deferred 
Mandatory Departure status, unless the alien has waived any right 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.
    ``(q) Denial of Discretionary Relief.--The determination of whether 
an alien is eligible for a grant of Deferred Mandatory Departure status 
is solely within the discretion of the Secretary of Homeland Security. 
Notwithstanding any other provision of law, no court shall have 
jurisdiction to review--
            ``(1) any judgment regarding the granting of relief under 
        this section; or
            ``(2) any other decision or action of the Secretary of 
        Homeland Security the authority for which is specified under 
        this section to be in the discretion of the Secretary, other 
        than the granting of relief under section 208(a).
    ``(r) Judicial Review.--
            ``(1) Limitations on relief.--Without regard to the nature 
        of the action or claim and without regard to the identity of 
        the party or parties bringing the action, no court may--
                    ``(A) enter declaratory, injunctive, or other 
                equitable relief in any action pertaining to--
                            ``(i) an order or notice denying an alien a 
                        grant of Deferred Mandatory Departure status or 
                        any other benefit arising from such status; or
                            ``(ii) an order of removal, exclusion, or 
                        deportation entered against an alien after a 
                        grant of Deferred Mandatory Departure status; 
                        or
                    ``(B) certify a class under Rule 23 of the Federal 
                Rules of Civil Procedure in any action for which 
                judicial review is authorized under a subsequent 
                paragraph of this subsection.
            ``(2) Challenges to validity.--
                    ``(A) In general.--Any right or benefit not 
                otherwise waived or limited pursuant this section is 
                available in an action instituted in the United States 
                District Court for the District of Columbia, but shall 
                be limited to determinations of--
                            ``(i) whether such section, or any 
                        regulation issued to implement such section, 
                        violates the Constitution of the United States; 
                        or
                            ``(ii) whether such a regulation, or a 
                        written policy directive, written policy 
                        guideline, or written procedure issued by or 
                        under the authority of the Secretary of 
                        Homeland Security to implement such section, is 
                        not consistent with applicable provisions of 
                        this section or is otherwise in violation of 
                        law.''.
            (2) Table of contents.--The table of contents (8 U.S.C. 
        1101 et seq.), as amended by this subsection (b)(2), is further 
        amended by inserting after the item relating to section 245B 
        the following:

``245C. Mandatory Departure and Reentry.''.
            (3) Conforming amendment.--Section 237(a)(2)(A)(i)(II) (8 
        U.S.C. 1227(a)(2)(A)(i)(II)) is amended by inserting ``(or 6 
        months in the case of an alien granted Deferred Mandatory 
        Departure status under section 245C)'' after ``imposed''.
            (4) Statutory construction.--Nothing in this subsection, or 
        any amendment made by this subsection, shall be construed to 
        create any substantive or procedural right or benefit that is 
        legally enforceable by any party against the United States or 
        its agencies or officers or any other person.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated such amounts as may be necessary for 
        facilities, personnel (including consular officers), training, 
        technology, and processing necessary to carry out the 
        amendments made by this subsection.
    (d) Correction of Social Security Records.--Section 208(e)(1) of 
the Social Security Act (42 U.S.C. 408(e)(1)) is amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) whose status is adjusted to that of lawful 
                permanent resident under section 245B of the 
                Immigration and Nationality Act,''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred prior to the date on which the 
        alien became lawfully admitted for temporary residence.''.
    (e) State Impact Assistance Account.--Section 286 (8 U.S.C. 1356) 
is amended by inserting after subsection (w) the following:
    ``(x) State Impact Assistance Account.--
            ``(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'.
            ``(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.
            ``(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).
            ``(4) State impact assistance grant program.--
                    ``(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.
                    ``(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:
                            ``(i) Noncitizen population.--Eighty 
                        percent of such amounts shall be allocated so 
                        that each State receives the greater of--
                                    ``(I) $5,000,000; or
                                    ``(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.
                            ``(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--
                                    ``(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 by
                                    ``(II) the average growth rate in 
                                noncitizen resident population for the 
                                20 States during such 3-year period.
                            ``(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.
                    ``(C) Funding for local government.--
                            ``(i) Distribution criteria.--Grant funds 
                        received by States under this paragraph shall 
                        be distributed to units of local government 
                        based on need and function.
                            ``(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.
                            ``(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).
                            ``(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.
                    ``(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--
                            ``(i) health care providers;
                            ``(ii) local educational agencies; and
                            ``(iii) charitable and religious 
                        organizations.
                    ``(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.
                    ``(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).
                    ``(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.''.

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

SEC. 611. SHORT TITLE.

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

SEC. 612. DEFINITIONS.

    In this subtitle:
            (1) Agricultural employment.--The term ``agricultural 
        employment'' means any service or activity that is considered 
        to be agricultural under section 3(f) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor 
        under section 3121(g) of the Internal Revenue Code of 1986 (26 
        U.S.C. 3121(g)). For purposes of this paragraph, agricultural 
        employment includes employment under section 
        101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(H)(ii)(a)).
            (2) Blue card status.--The term ``blue card status'' means 
        the status of an alien who has been lawfully admitted into the 
        United States for temporary residence under section 613(a).
            (3) Employer.--The term ``employer'' means any person or 
        entity, including any farm labor contractor and any 
        agricultural association, that employs workers in agricultural 
        employment.
            (4) Job opportunity.--The term ``job opportunity'' means a 
        job opening for temporary full-time employment at a place in 
        the United States to which United States workers can be 
        referred.
            (5) Temporary.--A worker is employed on a ``temporary'' 
        basis where the employment is intended not to exceed 10 months.
            (6) United states worker.--The term ``United States 
        worker'' means any worker, whether a United States citizen or 
        national, a lawfully admitted permanent resident alien, or any 
        other alien, who is authorized to work in the job opportunity 
        within the United States, except an alien admitted or otherwise 
        provided status under section 101(a)(15)(H)(ii)(a) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(a)).
            (7) Work day.--The term ``work day'' means any day in which 
        the individual is employed 5.75 or more hours in agricultural 
        employment.

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

SEC. 613. AGRICULTURAL WORKERS.

    (a) Blue Card Program.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall confer blue card status upon an alien 
        who qualifies under this subsection if the Secretary determines 
        that the alien--
                    (A) has performed agricultural employment in the 
                United States for at least 863 hours or 150 work days 
                during the 24-month period ending on December 31, 2005;
                    (B) applied for such status during the 18-month 
                application period beginning on the first day of the 
                seventh month that begins after the date of enactment 
                of this Act; and
                    (C) is otherwise admissible to the United States 
                under section 212 of the Immigration and Nationality 
                Act (8 U.S.C. 1182), except as otherwise provided under 
                subsection (e)(2).
            (2) Authorized travel.--An alien in blue card status has 
        the right to travel abroad (including commutation from a 
        residence abroad) in the same manner as an alien lawfully 
        admitted for permanent residence.
            (3) Authorized employment.--An alien in blue card status 
        shall be provided an ``employment authorized'' endorsement or 
        other appropriate work permit, in the same manner as an alien 
        lawfully admitted for permanent residence.
            (4) Termination of blue card status.--
                    (A) In general.--The Secretary may terminate blue 
                card status granted under this subsection only upon a 
                determination under this subtitle that the alien is 
                deportable.
                    (B) Grounds for termination of blue card status.--
                Before any alien becomes eligible for adjustment of 
                status under subsection (c), the Secretary may deny 
                adjustment to permanent resident status and provide for 
                termination of the blue card status granted such alien 
                under paragraph (1) if--
                            (i) the Secretary finds, by a preponderance 
                        of the evidence, that the adjustment to blue 
                        card status was the result of fraud or willful 
                        misrepresentation (as described in section 
                        212(a)(6)(C)(i) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
                            (ii) the alien--
                                    (I) commits an act that makes the 
                                alien inadmissible to the United States 
                                as an immigrant, except as provided 
                                under subsection (e)(2);
                                    (II) is convicted of a felony or 3 
                                or more misdemeanors committed in the 
                                United States; or
                                    (III) is convicted of an offense, 
                                an element of which involves bodily 
                                injury, threat of serious bodily 
                                injury, or harm to property in excess 
                                of $500.
            (5) Record of employment.--
                    (A) In general.--Each employer of a worker granted 
                status under this subsection shall annually--
                            (i) provide a written record of employment 
                        to the alien; and
                            (ii) provide a copy of such record to the 
                        Secretary.
                    (B) Sunset.--The obligation under subparagraph (A) 
                shall terminate on the date that is 6 years after the 
                date of the enactment of this Act.
            (6) Required features of blue card.--The Secretary shall 
        provide each alien granted blue card status and the spouse and 
        children of each such alien residing in the United States with 
        a card that contains--
                    (A) an encrypted, machine-readable, electronic 
                identification strip that is unique to the alien to 
                whom the card is issued;
                    (B) biometric identifiers, including fingerprints 
                and a digital photograph; and
                    (C) physical security features designed to prevent 
                tampering, counterfeiting, or duplication of the card 
                for fraudulent purposes.
            (7) Fine.--An alien granted blue card status shall pay a 
        fine to the Secretary in an amount equal to $100.
            (8) Maximum number.--The Secretary may issue not more than 
        1,500,000 blue cards during the 5-year period beginning on the 
        date of the enactment of this Act.
    (b) Rights of Aliens Granted Blue Card Status.--
            (1) In general.--Except as otherwise provided under this 
        subsection, an alien in blue card status shall be considered to 
        be an alien lawfully admitted for permanent residence for 
        purposes of any law other than any provision of the Immigration 
        and Nationality Act (8 U.S.C. 1101 et seq.).
            (2) Delayed eligibility for certain federal public 
        benefits.--An alien in blue card status shall not be eligible, 
        by reason of such status, for any form of assistance or benefit 
        described in section 403(a) of the Personal Responsibility and 
        Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) 
        until 5 years after the date on which the Secretary confers 
        blue card status upon that alien.
            (3) Terms of employment respecting aliens admitted under 
        this section.--
                    (A) Prohibition.--No alien granted blue card status 
                may be terminated from employment by any employer 
                during the period of blue card status except for just 
                cause.
                    (B) Treatment of complaints.--
                            (i) Establishment of process.--The 
                        Secretary shall establish a process for the 
                        receipt, initial review, and disposition of 
                        complaints by aliens granted blue card status 
                        who allege that they have been terminated 
                        without just cause. No proceeding shall be 
                        conducted under this subparagraph with respect 
                        to a termination unless the Secretary 
                        determines that the complaint was filed not 
                        later than 6 months after the date of the 
                        termination.
                            (ii) Initiation of arbitration.--If the 
                        Secretary finds that a complaint has been filed 
                        in accordance with clause (i) and there is 
                        reasonable cause to believe that the 
                        complainant was terminated without just cause, 
                        the Secretary shall initiate binding 
                        arbitration proceedings by requesting the 
                        Federal Mediation and Conciliation Service to 
                        appoint a mutually agreeable arbitrator from 
                        the roster of arbitrators maintained by such 
                        Service for the geographical area in which the 
                        employer is located. The procedures and rules 
                        of such Service shall be applicable to the 
                        selection of such arbitrator and to such 
                        arbitration proceedings. The Secretary shall 
                        pay the fee and expenses of the arbitrator, 
                        subject to the availability of appropriations 
                        for such purpose.
                            (iii) Arbitration proceedings.--The 
                        arbitrator shall conduct the proceeding in 
                        accordance with the policies and procedures 
                        promulgated by the American Arbitration 
                        Association applicable to private arbitration 
                        of employment disputes. The arbitrator shall 
                        make findings respecting whether the 
                        termination was for just cause. The arbitrator 
                        may not find that the termination was for just 
                        cause unless the employer so demonstrates by a 
                        preponderance of the evidence. If the 
                        arbitrator finds that the termination was not 
                        for just cause, the arbitrator shall make a 
                        specific finding of the number of days or hours 
                        of work lost by the employee as a result of the 
                        termination. The arbitrator shall have no 
                        authority to order any other remedy, including, 
                        but not limited to, reinstatement, back pay, or 
                        front pay to the affected employee. Within 30 
                        days from the conclusion of the arbitration 
                        proceeding, the arbitrator shall transmit the 
                        findings in the form of a written opinion to 
                        the parties to the arbitration and the 
                        Secretary. Such findings shall be final and 
                        conclusive, and no official or court of the 
                        United States shall have the power or 
                        jurisdiction to review any such findings.
                            (iv) Effect of arbitration findings.--If 
                        the Secretary receives a finding of an 
                        arbitrator that an employer has terminated an 
                        alien granted blue card status without just 
                        cause, the Secretary shall credit the alien for 
                        the number of days or hours of work lost for 
                        purposes of the requirement of subsection 
                        (c)(1).
                            (v) Treatment of attorney's fees.--The 
                        parties shall bear the cost of their own 
                        attorney's fees involved in the litigation of 
                        the complaint.
                            (vi) Nonexclusive remedy.--The complaint 
                        process provided for in this subparagraph is in 
                        addition to any other rights an employee may 
                        have in accordance with applicable law.
                            (vii) Effect on other actions or 
                        proceedings.--Any finding of fact or law, 
                        judgment, conclusion, or final order made by an 
                        arbitrator in the proceeding before the 
                        Secretary shall not be conclusive or binding in 
                        any separate or subsequent action or proceeding 
                        between the employee and the employee's current 
                        or prior employer brought before an arbitrator, 
                        administrative agency, court, or judge of any 
                        State or the United States, regardless of 
                        whether the prior action was between the same 
                        or related parties or involved the same facts, 
                        except that the arbitrator's specific finding 
                        of the number of days or hours of work lost by 
                        the employee as a result of the employment 
                        termination may be referred to the Secretary 
                        pursuant to clause (iv).
                    (C) Civil penalties.--
                            (i) In general.--If the Secretary finds, 
                        after notice and opportunity for a hearing, 
                        that an employer of an alien granted blue card 
                        status has failed to provide the record of 
                        employment required under subsection (a)(5) or 
                        has provided a false statement of material fact 
                        in such a record, the employer shall be subject 
                        to a civil money penalty in an amount not to 
                        exceed $1,000 per violation.
                            (ii) Limitation.--The penalty applicable 
                        under clause (i) for failure to provide records 
                        shall not apply unless the alien has provided 
                        the employer with evidence of employment 
                        authorization granted under this section.
    (c) Adjustment to Permanent Residence.--
            (1) Agricultural workers.--
                    (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:
                            (i) Qualifying employment.--The alien has 
                        performed at least--
                                    (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; or
                                    (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.
                            (ii) Proof.--An alien may demonstrate 
                        compliance with the requirement under clause 
                        (i) by submitting--
                                    (I) the record of employment 
                                described in subsection (a)(5); or
                                    (II) such documentation as may be 
                                submitted under subsection (d)(3).
                            (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--
                                    (I) pregnancy, injury, or disease, 
                                if the alien can establish such 
                                pregnancy, disabling injury, or disease 
                                through medical records;
                                    (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; or
                                    (III) severe weather conditions 
                                that prevented the alien from engaging 
                                in agricultural employment for a 
                                significant period of time.
                            (iv) Application period.--The alien applies 
                        for adjustment of status not later than 7 years 
                        after the date of the enactment of this Act.
                            (v) Fine.--The alien pays a fine to the 
                        Secretary in an amount equal to $400.
                    (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--
                            (i) the Secretary finds by a preponderance 
                        of the evidence that the adjustment to blue 
                        card status was the result of fraud or willful 
                        misrepresentation, as described in section 
                        212(a)(6)(C)(i) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
                            (ii) the alien--
                                    (I) commits an act that makes the 
                                alien inadmissible to the United States 
                                under section 212 of the Immigration 
                                and Nationality Act (8 U.S.C. 1182), 
                                except as provided under subsection 
                                (e)(2);
                                    (II) is convicted of a felony or 3 
                                or more misdemeanors committed in the 
                                United States; or
                                    (III) is convicted of a single 
                                misdemeanor for which the actual 
                                sentence served is 6 months or longer.
                    (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).
                    (D) Payment of taxes.--
                            (i) In general.--Not later than the date on 
                        which an alien's status is adjusted under this 
                        subsection, the alien shall establish the 
                        payment of any applicable Federal tax liability 
                        by establishing that--
                                    (I) no such tax liability exists;
                                    (II) all outstanding liabilities 
                                have been paid; or
                                    (III) the alien has entered into an 
                                agreement for payment of all 
                                outstanding liabilities with the 
                                Internal Revenue Service.
                            (ii) Applicable federal 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.
                            (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.
            (2) Spouses and minor children.--
                    (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.
                    (B) Treatment of spouses and minor children before 
                adjustment of status.--
                            (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).
                            (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.
                            (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.
                    (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--
                            (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);
                            (ii) is convicted of a felony or 3 or more 
                        misdemeanors committed in the United States; or
                            (iii) is convicted of a single misdemeanor 
                        for which the actual sentence served is 6 
                        months or longer.
    (d) Applications.--
            (1) To whom may be made.--The Secretary shall provide 
        that--
                    (A) applications for blue card status may be 
                filed--
                            (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; 
                        or
                            (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; and
                    (B) applications for adjustment of status under 
                subsection (c) shall be filed directly with the 
                Secretary.
            (2) Designation of entities to receive applications.--
                    (A) In general.--For purposes of receiving 
                applications under subsection (a), the Secretary--
                            (i) shall designate qualified farm labor 
                        organizations and associations of employers; 
                        and
                            (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.
                    (B) References.--Organizations, associations, and 
                persons designated under subparagraph (A) are referred 
                to in this subtitle as ``qualified designated 
                entities''.
            (3) Proof of eligibility.--
                    (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.
                    (B) Documentation of work history.--
                            (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)).
                            (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.
                            (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.
            (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)(i)(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.
            (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).
            (6) Confidentiality of information.--
                    (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--
                            (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);
                            (ii) make any publication whereby the 
                        information furnished by any particular 
                        individual can be identified; or
                            (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.
                    (B) Required disclosures.--The Secretary shall 
                provide the information furnished under this section, 
                or any other information derived from such furnished 
                information, to--
                            (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; or
                            (ii) an official coroner, for purposes of 
                        affirmatively identifying a deceased 
                        individual, whether or not the death of such 
                        individual resulted from a crime.
                    (C) Construction.--
                            (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.
                            (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.
                    (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.
            (7) Penalties for false statements in applications.--
                    (A) Criminal penalty.--Any person who--
                            (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; 
                        or
                            (ii) creates or supplies a false writing or 
                        document for use in making such an application,
                shall be fined in accordance with title 18, United 
                States Code, imprisoned not more than 5 years, or both.
                    (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)).
            (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.
            (9) Application fees.--
                    (A) Fee schedule.--The Secretary shall provide for 
                a schedule of fees that--
                            (i) shall be charged for the filing of 
                        applications for status under subsections (a) 
                        and (c); and
                            (ii) may be charged by qualified designated 
                        entities to help defray the costs of services 
                        provided to such applicants.
                    (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.
                    (C) Disposition of fees.--
                            (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).
                            (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).
    (e) Waiver of Numerical Limitations and Certain Grounds for 
Inadmissibility.--
            (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.
            (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:
                    (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.
                    (B) Waiver of other grounds.--
                            (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.
                            (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).
                            (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).
                    (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.
    (f) Temporary Stay of Removal and Work Authorization for Certain 
Applicants.--
            (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--
                    (A) may not be removed; and
                    (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.
            (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--
                    (A) may not be removed; and
                    (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.
    (g) Administrative and Judicial Review.--
            (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.
            (2) Administrative review.--
                    (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.
                    (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.
            (3) Judicial review.--
                    (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).
                    (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.
    (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.
    (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.
    (j) Effective Date.--This section shall take effect on the date 
that regulations are issued implementing this section on an interim or 
other basis.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $40,000,000 for 
each of fiscal years 2007 through 2010.

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--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
            ``(D) who is granted blue card status under the 
        Agricultural Job Opportunity, Benefits, and Security Act of 
        2006,''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred before the date on which the alien 
        was granted blue card status.''.
    (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.

                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--
            (1) by striking section 218 and inserting the following:

``SEC. 218. H-2A EMPLOYER APPLICATIONS.

    ``(a) Applications to the Secretary of Labor.--
            ``(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--
                    ``(A) the assurances described in subsection (b);
                    ``(B) a description of the nature and location of 
                the work to be performed;
                    ``(C) the anticipated period (expected beginning 
                and ending dates) for which the workers will be needed; 
                and
                    ``(D) the number of job opportunities in which the 
                employer seeks to employ the workers.
            ``(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.
    ``(b) Assurances for Inclusion in Applications.--The assurances 
referred to in subsection (a)(1) are the following:
            ``(1) Job opportunities covered by collective bargaining 
        agreements.--With respect to a job opportunity that is covered 
        under a collective bargaining agreement:
                    ``(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.
                    ``(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.
                    ``(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.
                    ``(D) Temporary or seasonal job opportunities.--The 
                job opportunity is temporary or seasonal.
                    ``(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.
                    ``(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.
            ``(2) Job opportunities not covered by collective 
        bargaining agreements.--With respect to a job opportunity that 
        is not covered under a collective bargaining agreement:
                    ``(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.
                    ``(B) Temporary or seasonal job opportunities.--The 
                job opportunity is temporary or seasonal.
                    ``(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.
                    ``(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.
                    ``(E) Requirements for placement of nonimmigrant 
                with other employers.--The employer will not place the 
                nonimmigrant with another employer unless--
                            ``(i) the nonimmigrant performs duties in 
                        whole or in part at 1 or more work sites owned, 
                        operated, or controlled by such other employer;
                            ``(ii) there are indicia of an employment 
                        relationship between the nonimmigrant and such 
                        other employer; and
                            ``(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.
                    ``(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.
                    ``(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.
                    ``(H) Employment of united states workers.--
                            ``(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:
                                    ``(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.
                                    ``(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.
                                    ``(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.
                                    ``(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.
                            ``(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.
                            ``(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:
                                    ``(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.
                                    ``(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.
                                    ``(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.
                            ``(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.
    ``(c) Applications by Associations on Behalf of Employer Members.--
            ``(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.
            ``(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.
    ``(d) Withdrawal of Applications.--
            ``(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.
            ``(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.
            ``(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.
    ``(e) Review and Approval of Applications.--
            ``(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).
            ``(2) Responsibility of the secretary of labor.--
                    ``(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.
                    ``(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.''; and
            (2) by inserting after section 218D, as added by section 
        601 of this Act, the following:

``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.
    ``(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:
            ``(1) Requirement to provide housing or a housing 
        allowance.--
                    ``(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.
                    ``(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.
                    ``(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.
                    ``(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.
                    ``(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.
                    ``(F) Charges for housing.--
                            ``(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.
                            ``(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.
                    ``(G) Housing allowance as alternative.--
                            ``(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.
                            ``(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.
                            ``(iii) Amount of allowance.--
                                    ``(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.
                                    ``(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.
            ``(2) Reimbursement of transportation.--
                    ``(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.
                    ``(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.
                    ``(C) Limitation.--
                            ``(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--
                                    ``(I) the actual cost to the worker 
                                or alien of the transportation and 
                                subsistence involved; or
                                    ``(II) the most economical and 
                                reasonable common carrier 
                                transportation charges and subsistence 
                                costs for the distance involved.
                            ``(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).
                    ``(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).
                    ``(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.
            ``(3) Required wages.--
                    ``(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.
                    ``(B) Limitation.--Effective on the date of the 
                enactment of the Agricultural Job Opportunities, 
                Benefits, and Security Act of 2006 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.
                    ``(C) Required wages after 3-year freeze.--
                            ``(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--
                                    ``(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; and
                                    ``(II) 4 percent.
                            ``(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--
                                    ``(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; and
                                    ``(II) 4 percent.
                    ``(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.
                    ``(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.
                    ``(F) Hours and earnings statements.--The employer 
                shall furnish to the worker, on or before each payday, 
                in 1 or more written statements--
                            ``(i) the worker's total earnings for the 
                        pay period;
                            ``(ii) the worker's hourly rate of pay, 
                        piece rate of pay, or both;
                            ``(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);
                            ``(iv) the hours actually worked by the 
                        worker;
                            ``(v) an itemization of the deductions made 
                        from the worker's wages; and
                            ``(vi) if piece rates of pay are used, the 
                        units produced daily.
                    ``(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--
                            ``(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;
                            ``(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;
                            ``(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;
                            ``(iv) whether any changes are warranted in 
                        the current methodologies for calculating the 
                        adverse effect wage rate and the prevailing 
                        wage; and
                            ``(v) recommendations for future wage 
                        protection under this section.
                    ``(H) Commission on wage standards.--
                            ``(i) Establishment.--There is established 
                        the Commission on Agricultural Wage Standards 
                        under the H-2A program (in this subparagraph 
                        referred to as the `Commission').
                            ``(ii) Composition.--The Commission shall 
                        consist of 10 members as follows:
                                    ``(I) 4 representatives of 
                                agricultural employers and 1 
                                representative of the Department of 
                                Agriculture, each appointed by the 
                                Secretary of Agriculture.
                                    ``(II) 4 representatives of 
                                agricultural workers and 1 
                                representative of the Department of 
                                Labor, each appointed by the Secretary 
                                of Labor.
                            ``(iii) Functions.--The Commission shall 
                        conduct a study that shall address--
                                    ``(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;
                                    ``(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;
                                    ``(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;
                                    ``(IV) whether any changes are 
                                warranted in the current methodologies 
                                for calculating the adverse effect wage 
                                rate and the prevailing wage rate; and
                                    ``(V) recommendations for future 
                                wage protection under this section.
                            ``(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).
                            ``(v) Termination date.--The Commission 
                        shall terminate upon submitting its final 
                        report.
            ``(4) Guarantee of employment.--
                    ``(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.
                    ``(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.
                    ``(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).
                    ``(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).
            ``(5) Motor vehicle safety.--
                    ``(A) Mode of transportation subject to coverage.--
                            ``(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.
                            ``(ii) Defined term.--In this paragraph, 
                        the term `uses or causes to be used'--
                                    ``(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; and
                                    ``(II) does not apply to--
                                            ``(aa) transportation 
                                        provided, or transportation 
                                        arrangements made, by an H-2A 
                                        worker, unless the employer 
                                        specifically requested or 
                                        arranged such transportation; 
                                        or
                                            ``(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.
                            ``(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.
                            ``(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.
                            ``(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.
                    ``(B) Applicability of standards, licensing, and 
                insurance requirements.--
                            ``(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--
                                    ``(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;
                                    ``(II) ensure that each driver has 
                                a valid and appropriate license, as 
                                provided by State law, to operate the 
                                vehicle; and
                                    ``(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.
                            ``(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.
                            ``(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:
                                    ``(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.
                                    ``(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.
    ``(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.).
    ``(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.
    ``(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.

``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.
    ``(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.
    ``(c) Criteria for Admissibility.--
            ``(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).
            ``(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--
                    ``(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; or
                    ``(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.
            ``(3) Waiver of ineligibility for unlawful presence.--
                    ``(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.
                    ``(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).
    ``(d) Period of Admission.--
            ``(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--
                    ``(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; and
                    ``(B) the total period of employment, including 
                such 14-day period, may not exceed 10 months.
            ``(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.
    ``(e) Abandonment of Employment.--
            ``(1) In general.--An alien admitted or provided status 
        under section 101(a)(15)(H)(ii)(a) who abandons the employment 
        which was the basis for such admission or status 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).
            ``(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.
            ``(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.
            ``(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.
    ``(f) Replacement of Alien.--
            ``(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--
                    ``(A) who abandons or prematurely terminates 
                employment; or
                    ``(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.
            ``(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.
    ``(g) Identification Document.--
            ``(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.
            ``(2) Requirements.--No identification and employment 
        eligibility document may be issued which does not meet the 
        following requirements:
                    ``(A) The document shall be capable of reliably 
                determining whether--
                            ``(i) the individual with the 
                        identification and employment eligibility 
                        document whose eligibility is being verified is 
                        in fact eligible for employment;
                            ``(ii) the individual whose eligibility is 
                        being verified is claiming the identity of 
                        another person; and
                            ``(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.
                    ``(B) The document shall be in a form that is 
                resistant to counterfeiting and to tampering.
                    ``(C) The document shall--
                            ``(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; and
                            ``(ii) be compatible with law enforcement 
                        databases to determine if the alien has been 
                        convicted of criminal offenses.
    ``(h) Extension of Stay of H-2A Aliens in the United States.--
            ``(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.
            ``(2) Limitation on filing a petition for extension of 
        stay.--A petition may not be filed for an extension of an 
        alien's stay--
                    ``(A) for a period of more than 10 months; or
                    ``(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.
            ``(3) Work authorization upon filing a petition for 
        extension of stay.--
                    ``(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.
                    ``(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.
                    ``(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.
                    ``(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.
            ``(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.
            ``(5) Limitation on an individual's stay in status.--
                    ``(A) Maximum period.--The maximum continuous 
                period of authorized status as an H-2A worker 
                (including any extensions) is 3 years.
                    ``(B) Requirement to remain outside the united 
                states.--
                            ``(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).
                            ``(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.
    ``(i) Special Rules for Aliens Employed as Sheepherders, Goat 
Herders, or Dairy Workers.--Notwithstanding any provision of the 
Agricultural Job Opportunities, Benefits, and Security Act of 2006, an 
alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a 
sheepherder, goat herder, or dairy worker--
            ``(1) may be admitted for an initial period of 12 months;
            ``(2) subject to subsection (j)(5), may have such initial 
        period of admission extended for a period of up to 3 years; and
            ``(3) shall not be subject to the requirements of 
        subsection (h)(5) (relating to periods of absence from the 
        United States).
    ``(j) Adjustment to Lawful Permanent Resident Status for Aliens 
Employed as Sheepherders, Goat Herders, or Dairy Workers.--
            ``(1) Eligible alien.--For purposes of this subsection, the 
        term `eligible alien' means an alien--
                    ``(A) having nonimmigrant status under section 
                101(a)(15)(H)(ii)(a) based on employment as a 
                sheepherder, goat herder, or dairy worker;
                    ``(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); and
                    ``(C) who is seeking to receive an immigrant visa 
                under section 203(b)(3)(A)(iii).
            ``(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--
                    ``(A) the alien's employer on behalf of an eligible 
                alien; or
                    ``(B) the eligible alien.
            ``(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.
            ``(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).
            ``(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.
            ``(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.

``SEC. 218G. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.

    ``(a) Enforcement Authority.--
            ``(1) Investigation of complaints.--
                    ``(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.
                    ``(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.
                    ``(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)--
                            ``(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; and
                            ``(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.
                    ``(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)--
                            ``(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;
                            ``(ii) the Secretary of Labor may seek 
                        appropriate legal or equitable relief to 
                        effectuate the purposes of subsection (d)(1); 
                        and
                            ``(iii) the Secretary may disqualify the 
                        employer from the employment of H-2A workers 
                        for a period of 2 years.
                    ``(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--
                            ``(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; and
                            ``(ii) the Secretary may disqualify the 
                        employer from the employment of H-2A workers 
                        for a period of 3 years.
                    ``(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.
                    ``(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.
            ``(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.
    ``(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:
            ``(1) The providing of housing or a housing allowance as 
        required under section 218E(b)(1).
            ``(2) The reimbursement of transportation as required under 
        section 218E(b)(2).
            ``(3) The payment of wages required under section 
        218E(b)(3) when due.
            ``(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.
            ``(5) The guarantee of employment required under section 
        218E(b)(4).
            ``(6) The motor vehicle safety requirements under section 
        218E(b)(5).
            ``(7) The prohibition of discrimination under subsection 
        (d)(2).
    ``(c) Private Right of Action.--
            ``(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).
                    ``(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.
                    ``(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.
                    ``(C) Authorization.--
                            ``(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.
                            ``(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.
            ``(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.
            ``(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.
            ``(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.
            ``(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.
            ``(6) Award of damages or other equitable relief.--
                    ``(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.
                    ``(B) Any civil action brought under this section 
                shall be subject to appeal as provided in chapter 83 of 
                title 28, United States Code.
            ``(7) Workers' compensation benefits; exclusive remedy.--
                    ``(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.
                    ``(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--
                            ``(i) a recovery under a State workers' 
                        compensation law; or
                            ``(ii) rights conferred under a State 
                        workers' compensation law.
            ``(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.
            ``(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.
            ``(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.
    ``(d) Discrimination Prohibited.--
            ``(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.
            ``(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).
    ``(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.
    ``(f) Role of Associations.--
            ``(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.
            ``(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.

``SEC. 218H. DEFINITIONS.

    ``For purposes of this section, section 218, and sections 218E 
through 218G:
            ``(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).
            ``(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.
            ``(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.
            ``(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).
            ``(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.
            ``(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).
            ``(7) H-2A worker.--The term `H-2A worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(a).
            ``(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.
            ``(9) Lays off.--
                    ``(A) In general.--The term `lays off', with 
                respect to a worker--
                            ``(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; but
                            ``(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.
                    ``(B) Statutory construction.--Nothing in this 
                paragraph is intended to limit an employee's rights 
                under a collective bargaining agreement or other 
                employment contract.
            ``(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.
            ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
        if--
                    ``(A) ordinarily, it pertains to or is of the kind 
                exclusively performed at certain seasons or periods of 
                the year; and
                    ``(B) from its nature, it may not be continuous or 
                carried on throughout the year.
            ``(12) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(13) Temporary.--A worker is employed on a `temporary' 
        basis where the employment is intended not to exceed 10 months.
            ``(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).''.
    (b) Table of Contents.--The table of contents (8 U.S.C. 1101 et 
seq.) is amended--
            (1) by striking the item relating to section 218 and 
        inserting the following:

``Sec. 218. H-2A employer applications.''
        and
            (2) by inserting after the item relating to section 218D, 
        as added by section 601 of this Act, the following:

``Sec. 218E. H-2A employment requirements.
``Sec. 218F. Procedure for admission and extension of stay of H-2A 
                            workers.
``Sec. 218G. Worker protections and labor standards enforcement.
``Sec. 218H. Definitions.''.

                  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.
    (b) Determination of Schedule.--
            (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.
            (2) Procedure.--
                    (A) In general.--In establishing and adjusting such 
                a schedule, the Secretary shall comply with Federal 
                cost accounting and fee setting standards.
                    (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.
    (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.

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.
    (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.
    (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.
    (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.

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--
            (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;
            (2) the number of such aliens reported to have abandoned 
        employment pursuant to subsection 218F(e)(2) of such Act;
            (3) the number of such aliens who departed the United 
        States within the period specified in subsection 218F(d) of 
        such Act;
            (4) the number of aliens who applied for adjustment of 
        status pursuant to section 613(a);
            (5) the number of such aliens whose status was adjusted 
        under section 613(a);
            (6) the number of aliens who applied for permanent 
        residence pursuant to section 613(c); and
            (7) the number of such aliens who were approved for 
        permanent residence pursuant section 613(c).

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.
    (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.

                         Subtitle C--DREAM Act

SEC. 621. SHORT TITLE.

    This subtitle may be cited as the ``Development, Relief, and 
Education for Alien Minors Act of 2006'' or the ``DREAM Act of 2006''.

SEC. 622. DEFINITIONS.

    In this subtitle:
            (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).
            (2) Uniformed services.--The term ``uniformed services'' 
        has the meaning given that term in section 101(a) of title 10, 
        United States Code.

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.
    (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.

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.--
            (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--
                    (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;
                    (B) the alien has been a person of good moral 
                character since the time of application;
                    (C) the alien--
                            (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; and
                            (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;
                    (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; and
                    (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.
            (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.
            (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.
    (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)).
    (c) Treatment of Certain Breaks in Presence.--
            (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.
            (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.
    (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.
    (e) Regulations.--
            (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.
            (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.
    (f) Removal of Alien.--The Secretary may not remove any alien who 
has a pending application for conditional status under this subtitle.

SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.

    (a) In General.--
            (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).
            (2) Notice of requirements.--
                    (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.
                    (B) Effect of failure to provide notice.--The 
                failure of the Secretary to provide a notice under this 
                paragraph--
                            (i) shall not affect the enforcement of the 
                        provisions of this subtitle with respect to the 
                        alien; and
                            (ii) shall not give rise to any private 
                        right of action by the alien.
    (b) Termination of Status.--
            (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--
                    (A) ceases to meet the requirements of subparagraph 
                (B) or (C) of section 624(a)(1);
                    (B) has become a public charge; or
                    (C) has received a dishonorable or other than 
                honorable discharge from the uniformed services.
            (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.
    (c) Requirements of Timely Petition for Removal of Condition.--
            (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).
            (2) Adjudication of petition to remove condition.--
                    (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).
                    (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.
                    (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.
            (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.
    (d) Details of Petition.--
            (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:
                    (A) The alien has demonstrated good moral character 
                during the entire period the alien has been a 
                conditional permanent resident.
                    (B) The alien is in compliance with section 
                624(a)(1)(C).
                    (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.
                    (D) The alien has completed at least 1 of the 
                following:
                            (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.
                            (ii) The alien has served in the uniformed 
                        services for at least 2 years and, if 
                        discharged, has received an honorable 
                        discharge.
                    (E) The alien has provided a list of all of the 
                secondary educational institutions that the alien 
                attended in the United States.
            (2) Hardship exception.--
                    (A) In general.--The Secretary may, in the 
                Secretary's discretion, remove the conditional status 
                of an alien if the alien--
                            (i) satisfies the requirements of 
                        subparagraphs (A), (B), and (C) of paragraph 
                        (1);
                            (ii) demonstrates compelling circumstances 
                        for the inability to complete the requirements 
                        described in paragraph (1)(D); and
                            (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.
                    (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).
    (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.

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.

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.
    (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--
            (1) meets all the requirements of subparagraphs (A), (B), 
        (C), and (E) of section 624(a)(1);
            (2) is at least 12 years of age; and
            (3) is enrolled full time in a primary or secondary school.
    (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.
    (d) Lift of Stay.--The Attorney General shall lift the stay granted 
pursuant to subsection (b) if the alien--
            (1) is no longer enrolled in a primary or secondary school; 
        or
            (2) ceases to meet the requirements of subsection (b)(1).

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.

SEC. 629. CONFIDENTIALITY OF INFORMATION.

    (a) Prohibition.--No officer or employee of the United States may--
            (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;
            (2) make any publication whereby the information furnished 
        by any particular individual pursuant to an application under 
        this subtitle can be identified; or
            (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.
    (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--
            (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; or
            (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).
    (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.

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.

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:
            (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.
            (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.
            (3) Services under such title IV (20 U.S.C. 1070 et seq.), 
        subject to the requirements for such services.

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--
            (1) the number of aliens who were eligible for cancellation 
        of removal and adjustment of status under section 624(a);
            (2) the number of aliens who applied for adjustment of 
        status under section 624(a);
            (3) the number of aliens who were granted adjustment of 
        status under section 624(a); and
            (4) the number of aliens whose conditional permanent 
        resident status was removed under section 625.

          Subtitle D--Programs To Assist Nonimmigrant Workers

SEC. 641. INELIGIBILITY AND REMOVAL PRIOR TO APPLICATION PERIOD.

    (a) Limitations on Ineligibility.--
            (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.
            (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.
    (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.

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.
    (b) Use of Funds.--
            (1) In general.--Grants awarded under this section shall be 
        used--
                    (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; and
                    (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.
            (2) Education.--In addition to the purposes described in 
        paragraph (1), grants awarded under this section shall be used 
        to--
                    (A) educate immigrant communities and other 
                interested entities regarding--
                            (i) the individuals and organizations that 
                        can provide authorized legal representation in 
                        immigration matters under regulations 
                        prescribed by the Secretary; and
                            (ii) the dangers of securing legal advice 
                        and assistance from those who are not 
                        authorized to provide legal representation in 
                        immigration matters;
                    (B) educate interested entities regarding the 
                requirements for obtaining nonprofit recognition and 
                accreditation to represent immigrants under regulations 
                prescribed by the Secretary;
                    (C) provide nonprofit agencies with training and 
                technical assistance on the recognition and 
                accreditation process; and
                    (D) educate nonprofit community organizations, 
                immigrant communities, and other interested entities 
                regarding--
                            (i) the process for obtaining benefits 
                        under this Act or under an amendment made by 
                        this Act; and
                            (ii) the availability of authorized legal