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Placed on Calendar Senate (06/19/2007)

 
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1639 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 208
110th CONGRESS
  1st Session
                                S. 1639

To provide for comprehensive immigration reform and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2007

  Mr. Kennedy (for himself and Mr. Specter) introduced the following 
                  bill; which was read the first time

                             June 19, 2007

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
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. EFFECTIVE DATE TRIGGERS.

    (a) In General.--With the exception of the probationary benefits 
conferred by section 601(h) of this Act, the provisions of subtitle C 
of title IV, and the admission of aliens under section 
101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)), as amended by title IV, the programs established 
by title IV, and the programs established by title VI that grant legal 
status to any individual or that adjust the current status of any 
individual who is unlawfully present in the United States to that of an 
alien lawfully admitted for permanent residence, shall become effective 
on the date that the Secretary submits a written certification to the 
President and the Congress, based on analysis by and in consultation 
with the Comptroller General, that each of the following border 
security and other measures are established, funded, and operational:
            (1) Operational control of the international border with 
        Mexico.--The Secretary of Homeland Security has established and 
        demonstrated operational control of 100 percent of the 
        international land border between the United States and Mexico, 
        including the ability to monitor such border through available 
        methods and technology.
            (2) Staff enhancements for border patrol.--The United 
        States Customs and Border Protection Border Patrol has hired, 
        trained, and reporting for duty 20,000 full-time agents as of 
        the date of the certification under this subsection.
            (3) Strong border barriers.--There has been--
                    (A) installed along the international land border 
                between the United States and Mexico as of the date of 
                the certification under this subsection, at least--
                            (i) 300 miles of vehicle barriers;
                            (ii) 370 miles of fencing; and
                            (iii) 105 ground-based radar and camera 
                        towers; and
                    (B) deployed for use along the international land 
                border between the United States and Mexico, as of the 
                date of the certification under this subsection, 4 
                unmanned aerial vehicles, and the supporting systems 
                for such vehicles.
            (4) Catch and return.--The Secretary of Homeland Security 
        is detaining all removable aliens apprehended crossing the 
        international land border between the United States and Mexico 
        in violation of Federal or State law, except as specifically 
        mandated by Federal or State law or humanitarian circumstances, 
        and United States Immigration and Customs Enforcement has the 
        resources to maintain this practice, including the resources 
        necessary to detain up to 31,500 aliens per day on an annual 
        basis.
            (5) Workplace enforcement tools.--In compliance with the 
        requirements of title III of this Act, the Secretary of 
        Homeland Security has established, and is using, secure and 
        effective identification tools to prevent unauthorized workers 
        from obtaining employment in the United States. Such 
        identification tools shall include establishing--
                    (A) strict standards for identification documents 
                that are required to be presented by the alien to an 
                employer in the hiring process, including the use of 
                secure documentation that--
                            (i) contains--
                                    (I) a photograph of the alien; and
                                    (II) biometric data identifying the 
                                alien; or
                            (ii) complies with the requirements for 
                        such documentation under the REAL ID Act 
                        (Public Law 109-13; 119 Stat. 231); and
                    (B) an electronic employment eligibility 
                verification system that is capable of querying Federal 
                and State databases in order to restrict fraud, 
                identity theft, and use of false social security 
                numbers in the hiring of aliens by an employer by 
                electronically providing a digitized version of the 
                photograph on the alien's original Federal or State 
                issued document or documents for verification of that 
                alien's identity and work eligibility.
            (6) Processing applications of aliens.--The Secretary of 
        Homeland Security has received, and is processing and 
        adjudicating in a timely manner, applications for Z 
        nonimmigrant status under title VI of this Act, including 
        conducting all necessary background and security checks 
        required under that title.
    (b) Sense of Congress.--It is the sense of Congress that the border 
security and other measures described in subsection (a) shall be 
completed as soon as practicable, subject to the necessary 
appropriations.
    (c) Presidential Progress Report.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, and every 90 days thereafter until the 
        requirements under subsection (a) are met, the President shall 
        submit a report to Congress detailing the progress made in 
        funding, meeting, or otherwise satisfying each of the 
        requirements described under paragraphs (1) through (6) of 
        subsection (a), including detailing any contractual agreements 
        reached to carry out such measures.
            (2) Progress not sufficient.--If the President determines 
        that sufficient progress is not being made, the President shall 
        include in the report required under paragraph (1) specific 
        funding recommendations, authorization needed, or other actions 
        that are or should be undertaken by the Secretary of Homeland 
        Security.
    (d) GAO Report.--Not later than 30 days after the certification is 
submitted under subsection (a), the Comptroller General shall submit a 
report to Congress on the accuracy of such certification.

SEC. 2. IMMIGRATION SECURITY ACCOUNT.

    Section 286 of the Immigration and Nationality Act, as amended by 
section 623, is further amended by adding at the end the following:
    ``(z) Immigration Security Account.--
            (1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        ``Immigration Security Account''.
            (2) Source of funds.--Immediately upon enactment, 
        $4,400,000,000 shall be transferred from the general fund of 
        the Treasury to the Immigration Security Account.
            (3) Appropriations.--
                    (A) There are hereby appropriated such sums that 
                are provided under subsection 2 to remain available 
                until five years after enactment.
                    (B) These sums shall be available for the Secretary 
                of Homeland Security to meet the trigger requirements 
                set forth in title I, section 1, of this Act.
                    (C) To the extent funds are not exhausted pursuant 
                to (b), they shall be available to the Secretary of 
                Homeland Security for one or more of the following 
                activities:
                            (i) Fencing and Infrastructure;
                            (ii) Towers;
                            (iii) Detention beds;
                            (iv) Employment Eligibility Verification 
                        System, including funds for expenditures under 
                        section 306 of this Act, relating to the State 
                        Records Improvement Grant Program;
                            (v) Implementation of programs authorized 
                        in titles IV and VI; and
                            (vi) Other Federal border and interior 
                        enforcement requirements to ensure the 
                        integrity of programs authorized in titles IV 
                        and VI.
            (4) Transfers.--The Secretary of Homeland Security shall 
        have the authority to transfer amounts out of the Immigration 
        Security Account as appropriate to carry out subsections (3)(b) 
        and (3)( c) of this section.
            (5) Reporting.--The Secretary of Homeland Security shall 
        submit to the Committees on the Judiciary and Appropriations of 
        the Senate a plan for expenditure of the funds under subsection 
        2 within 60 days of enactment of this Act, and update the plan 
        annually, that--
                    (A) identifies one-time and on-going costs;
                    (B) identifies the level of funding for each 
                program, project, and activity, and if that funding 
                will supplement an appropriated program, project, or 
                activity;
                    (C) identifies the amount of funding to be 
                obligated in each fiscal year, by program, project, and 
                activity;
                    (D) includes milestones for completion of each 
                identified program, project, or activity; and
                    (E) demonstrates how activities will further the 
                goals and objectives of this Act.
            (6) Notifications.--The Secretary of Homeland Security 
        shall notify the Committees on Judiciary and Appropriations of 
        the Senate 15 days prior to reprogramming funds from the 
        original allocation or transferring funds out of the 
        Immigration Security Account.

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

    (a) Additional Personnel.--
            (1) U.S. customs and border protection officers.-- In each 
        of the fiscal years 2008 through 2012, the Secretary shall, 
        subject to the availability of appropriations, increase by not 
        less than 500 the number of positions for full-time active duty 
        CBP officers and provide appropriate training, equipment, and 
        support to such additional CBP officers.
            (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 2008 through 2012, the Secretary 
                shall, subject to the availability of appropriations, 
                increase by not less than 200 the number of positions 
                for personnel within the Department assigned to 
                investigate alien smuggling.
            (3) Deputy united states marshals.--In each of the fiscal 
        years 2008 through 2012, the Attorney General shall, subject to 
        the availability of appropriations, increase by not less than 
        50 the number of positions for full-time active duty Deputy 
        United States Marshals that assist in 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) U.S. customs and border protection officers.--There are 
        authorized to be appropriated to the Secretary such sums as may 
        be necessary for each of the fiscal years 2008 through 2012 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 2008 through 2012 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 not less than--
            ``(1) 2,000 in fiscal year 2007;
            ``(2) 2,400 in fiscal year 2008;
            ``(3) 2,400 in fiscal year 2009;
            ``(4) 2,400 in fiscal year 2010;
            ``(5) 2,400 in fiscal year 2011; and
            ``(6) 2,400 in fiscal year 2012.
    ``(b) Northern Border.--In each of the fiscal years 2008 through 
2012, in addition to the border patrol agents assigned along the 
northern border of the United States during the previous fiscal year, 
the Secretary shall assign a number of border patrol agents equal to 
not less than 20 percent of the net increase in border patrol agents 
during each such fiscal year.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2008 through 2012 to carry out this section.''.
    (c) Shadow Wolves Apprehension and Tracking.--
            (1) Purpose.--The purpose of this subsection is to 
        authorize the Secretary, acting through the Assistant Secretary 
        of Immigration and Customs Enforcement (referred to in this 
        subsection as the ``Secretary''), to establish new units of 
        Customs Patrol Officers (commonly known as ``Shadow Wolves'') 
        during the 5-year period beginning on the date of enactment of 
        this Act.
            (2) Establishment of new units.--
                    (A) In general.--During the 5-year period beginning 
                on the date of enactment of this Act, the Secretary is 
                authorized to establish within United States 
                Immigration and Customs Enforcement up to 5 additional 
                units of Customs Patrol Officers in accordance with 
                this subsection, as appropriate.
                    (B) Membership.--Each new unit established pursuant 
                to subparagraph (A) shall consist of up to 15 Customs 
                Patrol Officers.
            (3) Duties.--The additional Immigration and Customs 
        Enforcement units established pursuant to paragraph (2)(A) 
        shall operate on Indian reservations (as defined in section 3 
        of the Indian Financing Act of 1974 (25 U.S.C. 1452)) located 
        on or near (as determined by the Secretary) an international 
        border with Canada or Mexico, and such other Federal land as 
        the Secretary determines to be appropriate, by--
                    (A) investigating and preventing the entry of 
                terrorists, other unlawful aliens, instruments of 
                terrorism, narcotics, and other contraband into the 
                United States; and
                    (B) carrying out such other duties as the Secretary 
                determines to be necessary.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection such sums as 
        are necessary for each of fiscal years 2008 through 2013.

SEC. 102. TECHNOLOGICAL ASSETS.

    (a) Acquisition.--Subject to the availability of appropriations for 
such purpose, the Secretary shall procure additional unmanned aerial 
vehicles, cameras, poles, sensors, and other technologies necessary to 
achieve operational control of the borders of the United States.
    (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) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
the fiscal years 2008 through 2012 to carry out subsection (a).

SEC. 103. INFRASTRUCTURE.

        Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
            (1) in subsection (a), by striking ``Attorney General, in 
        consultation with the Commissioner of Immigration and 
        Naturalization,'' and inserting ``Secretary of Homeland 
        Security''; and
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1), (2), (3), and 
                (4) as paragraphs (2), (3), (4), and (5), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated, the following:
            ``(1) Fencing near san diego, california.--In carrying out 
        subsection (a), the Secretary shall provide for the 
        construction along the 14 miles of the international land 
        border of the United States, starting at the Pacific Ocean and 
        extending eastward, of second and third fences, in addition to 
        the existing reinforced fence, and for roads between the 
        fences.''.
                    (C) in paragraph (2), as redesignated--
                            (i) in the header, by striking ``Security 
                        features'' and inserting--``Additional fencing 
                        along southwest border''; and
                            (ii) by striking subparagraphs (A) through 
                        (C) and inserting the following:
                    ``(A) Reinforced fencing.--In carrying out 
                subsection (a), the Secretary of Homeland Security 
                shall construct reinforced fencing along not less than 
                700 miles of the southwest border where fencing would 
                be most practical and effective and provide for the 
                installation of additional physical barriers, roads, 
                lighting, cameras, and sensors to gain operational 
                control of the southwest border.
                    ``(B) Priority areas.--In carrying out this 
                section, the Secretary of Homeland Security shall--
                            ``(i) identify the 370 miles along the 
                        southwest border where fencing would be most 
                        practical and effective in deterring smugglers 
                        and aliens attempting to gain illegal entry 
                        into the United States; and
                            ``(ii) not later than December 31, 2008, 
                        complete construction of reinforced fencing 
                        along the 370 miles identified under clause 
                        (i).
                    ``(C) Consultation.--
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall consult with the Secretary of Interior, 
                        the Secretary of Agriculture, States, local 
                        governments, Indian tribes, and property owners 
                        in the United States to minimize the impact on 
                        the environment, culture, commerce, and quality 
                        of life for the communities and residents 
                        located near the sites at which such fencing is 
                        to be constructed.
                            ``(ii) Savings provision.--Nothing in this 
                        subparagraph may be construed to--
                                    ``(I) create any right of action 
                                for a State, local government, or other 
                                person or entity affected by this 
                                subsection; or
                                    ``(II) affect the eminent domain 
                                laws of the United States or of any 
                                State.
                    ``(D) Limitation on requirements.--Notwithstanding 
                subparagraph (A), nothing in this paragraph shall 
                require the Secretary of Homeland Security to install 
                fencing, physical barriers, roads, lighting, cameras, 
                and sensors in a particular location along an 
                international border of the United States, if the 
                Secretary determines that the use or placement of such 
                resources is not the most appropriate means to achieve 
                and maintain operational control over the international 
                border at such location.''; and
                    (D) in paragraph (5), as redesignated, by striking 
                ``to carry out this subsection not to exceed 
                $12,000,000'' and inserting ``such sums as may be 
                necessary to carry out this subsection''.

SEC. 104. PORTS OF ENTRY.

        Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, Division C of Public Law 104-208, is 
amended by the addition, at the end of that section, of the following 
new subsection:
    ``(e) Construction and Improvements.--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.''.

             Subtitle B--Other Border Security Initiatives

SEC. 111. BIOMETRIC ENTRY-EXIT SYSTEM.

    (a) Collection of Biometric Data From Aliens Entering and 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 is authorized to require aliens entering and 
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 subsections (a) and (b), immigration officers 
        are authorized to collect biometric data from--
                    ``(A) any applicant for admission or any alien who 
                is paroled under section 212(d)(5), seeking to or 
                permitted to land temporarily as an alien crewman, or 
                seeking to or permitted 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 
                fails or has failed to comply with a lawful request for 
                biometric data under section 215(c), 235(d), or 252(d) 
                is inadmissible.''; and
            (2) in subsection (d), by inserting after paragraph (1) the 
        following:
            ``(2) The Secretary may waive the application of subsection 
        (a)(7)(C) for an individual alien or class of aliens.''.
    (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 2008 and 2009 to implement 
        the automated biometric entry and exit data system at all land 
        border ports of entry.''.

SEC. 112. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS CONTROLS.

    (a) In General.--Section 758 of Title 18, United States Code, is 
amended to read as follows:
Sec. 758. Unlawful flight from immigration or customs controls
    ``(a) Evading a Checkpoint.--Any person who, while operating a 
motor vehicle or vessel, knowingly flees or evades a checkpoint 
operated by the Department of Homeland Security or any other Federal 
law enforcement agency, and then knowingly or recklessly disregards or 
disobeys the lawful command of any law enforcement agent, shall be 
fined under this title, imprisoned not more than five years, or both.
    ``(b) Failure To Stop.--Any person who, while operating a motor 
vehicle, aircraft, or vessel, knowingly or recklessly disregards or 
disobeys the lawful command of an officer of the Department of Homeland 
Security engaged in the enforcement of the immigration, customs, or 
maritime laws, or the lawful command of any law enforcement agent 
assisting such officer, shall be fined under this title, imprisoned not 
more than two years, or both.
    ``(c) Alternative Penalties.--Notwithstanding the penalties 
provided in subsection (a) or (b), any person who violates such 
subsection shall--
            ``(1) be fined under this title, imprisoned not more than 
        10 years, or both, if the violation involved the operation of a 
        motor vehicle, aircraft, or vessel--
                    ``(A) in excess of the applicable or posted speed 
                limit,
                    ``(B) in excess of the rated capacity of the motor 
                vehicle, aircraft, or vessel, or
                    ``(C) in an otherwise dangerous or reckless manner;
            ``(2) be fined under this title, imprisoned not more than 
        20 years, or both, if the violation created a substantial and 
        foreseeable risk of serious bodily injury or death to any 
        person;
            ``(3) be fined under this title, imprisoned not more than 
        30 years, or both, if the violation caused serious bodily 
        injury to any person; or
            ``(4) be fined under this title, imprisoned for any term of 
        years or life, or both, if the violation resulted in the death 
        of any person.
            ``(d) Attempt and Conspiracy.--Any person who attempts or 
        conspires to commit any offense under this section shall be 
        punished in the same manner as a person who completes the 
        offense.
    ``(e) Forfeiture.--Any property, real or personal, constituting or 
traceable to the gross proceeds of the offense and any property, real 
or personal, used or intended to be used to commit or facilitate the 
commission of the offense shall be subject to forfeiture.
    ``(f) Forfeiture Procedures.--Seizures and forfeitures under this 
section shall be governed by the provisions of chapter 46 of this 
title, relating to civil forfeitures, including section 981(d) of such 
title, except that such duties as are imposed upon the Secretary of the 
Treasury under the customs laws described in that section shall be 
performed by such officers, agents, and other persons as may be 
designated for that purpose by the Secretary of Homeland Security or 
the Attorney General. Nothing in this section shall limit the authority 
of the Secretary to seize and forfeit motor vehicles, aircraft, or 
vessels under the Customs laws or any other laws of the United States.
    ``(g) Definitions.--For purposes of this section--
            ``(1) The term `checkpoint' includes, but is not limited 
        to, any customs or immigration inspection at a port of entry.
            ``(2) The term `lawful command' includes, but is not 
        limited to, a command to stop, decrease speed, alter course, or 
        land, whether communicated orally, visually, by means of lights 
        or sirens, or by radio, telephone, or other wire communication.
            ``(3) The term `law enforcement agent' means any Federal, 
        State, local or tribal official authorized to enforce criminal 
        law, and, when conveying a command covered under subsection (b) 
        of this section, an air traffic controller.
            ``(4) The term `motor vehicle' means any motorized or self-
        propelled means of terrestrial transportation.
            ``(5) The term `serious bodily injury' has the meaning 
        given in section 2119(2) of this title.''.

SEC. 113. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

    Section 236(a)(2) (8 U.S.C. 1226(a)(2)) is amended--
            (1) by striking ``on'';
            (2) in subparagraph (A)--
                    (A) by inserting ``except as provided under 
                subparagraph (B), upon the giving of a'' before 
                ``bond''; and
                    (B) by striking ``or'' at the end;
            (3) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (4) by inserting after subparagraph (A) the following:
                    ``(B) upon the giving of a bond of not less than 
                $5,000 with security approved by, and containing 
                conditions prescribed by, the Secretary or the Attorney 
                General, if the alien--
                            ``(i) is a national of a noncontiguous 
                        country;
                            ``(ii) has not been admitted or paroled 
                        into the United States; and
                            ``(iii) was apprehended within 100 miles of 
                        the international border of the United States 
                        or presents a flight risk, as determined by the 
                        Secretary of Homeland Security; or''.

SEC. 114. SEIZURE OF CONVEYANCE WITH CONCEALED COMPARTMENT: EXPANDING 
              THE DEFINITION OF CONVEYANCES WITH HIDDEN COMPARTMENTS 
              SUBJECT TO FORFEITURE.

    (a) In General.--Section 1703 of title 19, United States Code is 
amended:
            (1) by amending the title of such section to read as 
        follows:
``Sec. 1703. Seizure and forfeiture of vessels, vehicles, other 
              conveyances and instruments of international traffic'';
            (2) by amending the title of subsection (a) to read as 
        follows:
            ``(a) Vessels, vehicles, other conveyances and instruments 
        of international traffic subject to seizure and forfeiture'';
            (3) by amending the title of subsection (b) to read as 
        follows:
    ``(b) Vessels, vehicles, other conveyances and instruments of 
international traffic defined'';
            (4) by inserting ``, vehicle, other conveyance or 
        instrument of international traffic'' after the word ``vessel'' 
        everywhere it appears in the text of subsections (a) and (b); 
        and
            (5) by amending subsection (c) to read as follows:
    ``(c) Acts constituting prima facie evidence of vessel, vehicle, or 
other conveyance or instrument of international traffic engaged in 
smuggling `For the purposes of this section, prima facie evidence that 
a conveyance is being, or has been, or is attempted to be employed in 
smuggling or to defraud the revenue of the United States shall be--
            `(1) in the case of a vessel, the fact that a vessel has 
        become subject to pursuit as provided in section 1581 of this 
        title, or is a hovering vessel, or that a vessel fails, at any 
        place within the customs waters of the United States or within 
        a customs-enforcement area, to display light as required by 
        law.
            `(2) in the case of a vehicle, other conveyance or 
        instrument of international traffic, the fact that a vehicle, 
        other conveyance or instrument of international traffic has any 
        compartment or equipment that is built or fitted out for 
        smuggling.'.''
    (b) Clerical Amendment.--The table of sections for Chapter 5 in 
title 19, United States Code, is amended by striking the items relating 
to section 1703 and inserting in lieu thereof the following:

``1703. Seizure and forfeiture of vessels, vehicles, other conveyances 
                            or instruments of international traffic.
    ``(a) Vessels, vehicles, other conveyances or instruments of 
international traffic subject to seizure and forfeiture.
    ``(b) Vessels, vehicles, other conveyances or instruments of 
international traffic defined.
    ``(c) Acts constituting prima facie evidence of vessel, vehicle, 
other conveyance or instrument of international traffic engaged in 
smuggling.''.

                       Subtitle C--Other Measures

SEC. 121. 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. 122. BORDER SECURITY ON CERTAIN FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Protected land.--The term ``protected land'' means land 
        under the jurisdiction of the Secretary concerned.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Secretary of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Secretary of the Interior, the Secretary of the 
                Interior.
    (b) Support for Border Security Needs.--
            (1) In general.--To gain operational control over the 
        international land borders of the United States and to prevent 
        the entry of terrorists, unlawful aliens, narcotics, and other 
        contraband into the United States, the Secretary, in 
        cooperation with the Secretary concerned, shall provide--
                    (A) increased U.S. Customs and Border Protection 
                personnel to secure protected land along the 
                international land borders of the United States;
                    (B) Federal land resource training for U.S. Customs 
                and Border Protection agents dedicated to protected 
                land; and
                    (C) Unmanned Aerial Vehicles, aerial assets, Remote 
                Video Surveillance camera systems, and sensors on 
                protected land that is directly adjacent to the 
                international land border of the United States.
            (2) Coordination.--In providing training for Customs and 
        Border Protection agents under paragraph (l)(B), the Secretary 
        shall coordinate with the Secretary concerned to ensure that 
        the training is appropriate to the mission of the National Park 
        Service, the United States Fish and Wildlife Service, the 
        Forest Service, or the relevant agency of the Department of the 
        Interior or the Department of Agriculture to minimize the 
        adverse impact on natural and cultural resources from border 
        protection activities.
    (c) Analysis of Damage to Protected Lands.--The Secretary and 
Secretaries concerned shall develop an analysis of damage to protected 
lands relating to illegal border activity, including the cost of 
equipment, training, recurring maintenance, construction of facilities, 
restoration of natural and cultural resources, recapitalization of 
facilities, and operations.
    (d) Recommendations.--The Secretary shall--
            (1) develop joint recommendations with the National Park 
        Service, the United States Fish and Wildlife Service, and the 
        Forest Service for an appropriate cost recovery mechanism 
        relating to items identified in subsection (c); and
            (2) not later than one year from the date of enactment, 
        submit to the appropriate congressional committees (as defined 
        in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
        101)), including the Subcommittee on National Parks of the 
        Senate and the Subcommittee on National Parks, Recreation and 
        Public Lands of the House of Representatives, the 
        recommendations developed under paragraph (1).
    (e) Border Protection Strategy.--The Secretary, the Secretary of 
the Interior, and the Secretary of Agriculture shall jointly develop a 
border protection strategy that supports the border security needs of 
the United States in the manner that best protects the homeland, 
including--
            (1) units of the National Park System;
            (2) National Forest System land;
            (3) land under the jurisdiction of the United States Fish 
        and Wildlife Service; and
            (4) other relevant land under the jurisdiction of the 
        Department of the Interior or the Department of Agriculture.

SEC. 123. 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; and
            (3) between all appropriate border security agencies of the 
        Department and State, local, and tribal law enforcement 
        agencies.

SEC. 124. UNMANNED AIRCRAFT SYSTEMS

    (a) Unmanned Aircraft and Associated Infrastructure.--The Secretary 
shall acquire and maintain unmanned aircraft systems for use on the 
border, including related equipment such as--
            (1) additional sensors;
            (2) critical spares;
            (3) satellite command and control; and
            (4) other necessary equipment for operational support.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out subsection (a)--
                    (A) $178,400,000 for fiscal year 2008; and
                    (B) $276,000,000 for fiscal year 2009.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) shall remain available until expended.

SEC. 125. SURVEILLANCE TECHNOLOGIES PROGRAMS.

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

SEC. 126. 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. 127. 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 136.
            (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. 128. 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. 129. BIOMETRIC DATA ENHANCEMENTS.

    Not later than October 1, 2008, 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. 130. 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. 131. DOCUMENT FRAUD DETECTION.

    (a) Training.--Subject to the availability of appropriations, the 
Secretary shall provide all U.S. 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 U.S. Immigration and Customs 
Enforcement.
    (b) Forensic Document Laboratory.--The Secretary shall provide all 
U.S. 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 2008 through 2012 to carry out this section.

SEC. 132. 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 2008 through 2012.
            (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 
        $100,000,000 for each of fiscal years 2008 through 2012 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. 133. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

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

SEC. 134. NATIONAL LAND BORDER SECURITY PLAN.

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

SEC. 135. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

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

SEC. 136. COMBATING HUMAN SMUGGLING.

    (a) Requirement for Plan.--The Secretary shall develop and 
implement a plan to improve coordination between the U.S. Immigration 
and Customs Enforcement and the U.S. 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. 137. 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. 138. UNITED STATES-MEXICO BORDER ENFORCEMENT REVIEW COMMISSION.

    (a) Establishment of Commission.--
            (1) In general.--There is established an independent 
        commission to be known as the United States-Mexico Border 
        Enforcement Review Commission (referred to in this section as 
        the ``Commission'').
            (2) Purposes.--The purposes of the Commission are--
                    (A) to study the overall enforcement strategies, 
                programs and policies of Federal agencies along the 
                United States-Mexico border; and
                    (B) to make recommendations to the President and 
                Congress with respect to such strategies, programs and 
                policies.
            (3) Membership.--The Commission shall be composed of 17 
        voting members, who shall be appointed as follows:
                    (A) The Governors of the States of California, New 
                Mexico, Arizona, and Texas shall each appoint 4 voting 
                members of whom--
                            (i) 1 shall be a local elected official 
                        from the State's border region;
                            (ii) 1 shall be a local law enforcement 
                        official from the State's border region; and
                            (iii) 2 shall be from the State's 
                        communities of academia, religious leaders, 
                        civic leaders or community leaders.
                    (B) 2 nonvoting members, of whom--
                            (i) 1 shall be appointed by the Secretary;
                            (ii) 1 shall be appointed by the Attorney 
                        General; and
                            (iii) 1 shall be appointed by the Secretary 
                        of State.
            (4) Qualifications.--
                    (A) In general.--Members of the Commission shall 
                be--
                            (i) individuals with expertise in 
                        migration, border enforcement and protection, 
                        civil and human rights, community relations, 
                        crossborder trade and commerce or other 
                        pertinent qualifications or experience; and
                            (ii) representative of a broad cross 
                        section of perspectives from the region along 
                        the international border between the United 
                        States and Mexico;
                    (B) Political affiliation.--Not more than 2 members 
                of the Commission appointed by each Governor under 
                paragraph (3)(A) may be members of the same political 
                party.
                    (C) Nongovernmental appointees.--An individual 
                appointed as a voting member to the Commission may not 
                be an officer or employee of the Federal Government.
            (5) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than 6 months after the 
        enactment of this Act. If any member of the Commission 
        described in paragraph (3)(A) is not appointed by such date, 
        the Commission shall carry out its duties under this section 
        without the participation of such member.
            (6) Term of service.--The term of office for members shall 
        be for life of the Commission.
            (7) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
            (8) Meetings.--
                    (A) Initial meeting.--The Commission shall meet and 
                begin the operations of the Commission as soon as 
                practicable.
                    (B) Subsequent meetings.--After its initial 
                meeting, the Commission shall meet upon the call of the 
                chairman or a majority of its members.
            (9) Quorum.--Nine members of the Commission shall 
        constitute a quorum.
            (10) Chair and vice chair.--The voting members of the 
        Commission shall elect a Chairman and Vice Chairman from among 
        its members. The term of office shall be for the life of the 
        Commission.
    (b) Duties.--The Commission shall review, examine, and make 
recommendations regarding border enforcement policies, strategies, and 
programs, including recommendations regarding--
            (1) the protection of human and civil rights of community 
        residents and migrants along the international border between 
        the United States and Mexico;
            (2) the adequacy and effectiveness of human and civil 
        rights training of enforcement personnel on such border;
            (3) the adequacy of the complaint process within the 
        agencies and programs of the Department that are employed when 
        an individual files a grievance;
            (4) the effect of the operations, technology, and 
        enforcement infrastructure along such border on the--
                    (A) environment;
                    (B) cross border traffic and commerce; and
                    (C) the quality of life of border communities;
            (5) local law enforcement involvement in the enforcement of 
        Federal immigration law; and
            (6) any other matters regarding border enforcement 
        policies, strategies, and programs the Commission determines 
        appropriate.
    (c) Information and Assistance From Federal Agencies.--
            (1) Information from federal agencies.--The Commission may 
        seek directly from any department or agency of the United 
        States such information, including suggestions, estimates, and 
        statistics, as allowed by law and as the Commission considers 
        necessary to carry out the provisions of this section. Upon 
        request of the Commission, the head of such department or 
        agency shall furnish such information to the Commission.
            (2) Assistance from federal agencies.--The Administrator of 
        General Services shall, on a reimbursable basis, provide the 
        Commission with administrative support and other services for 
        the performance of the Commission's functions. The departments 
        and agencies of the United States may provide the Commission 
        with such services, funds, facilities, staff, and other support 
        services as they determine advisable and as authorized by law.
    (d) Compensation.--
            (1) In general.--Members of the Commission shall serve 
        without pay.
            (2) Reimbursement of expenses.--All members of the 
        Commission shall be reimbursed for reasonable travel expenses 
        and subsistence, and other reasonable and necessary expenses 
        incurred by them in the performance of their duties.
    (e) Report.--Not later than 2 years after the date of the first 
meeting called pursuant to (a)(8)(A), the Commission shall submit a 
report to the President and Congress that contains--
            (1) findings with respect to the duties of the Commission;
            (2) recommendations regarding border enforcement policies, 
        strategies, and programs;
            (3) suggestions for the implementation of the Commission's 
        recommendations; and
            (4) a recommendation as to whether the Commission should 
        continue to exist after the date of termination described in 
        subsection (g), and if so, a description of the purposes and 
        duties recommended to be carried out by the Commission after 
        such date.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (g) Sunset.--Unless the Commission is reauthorized by Congress, the 
Commission shall terminate on the date that is 90 days after the date 
the Commission submits the report described in subsection (e).

SEC. 139. NORTHERN BORDER PROSECUTION REIMBURSEMENT.

    (a) Short Title.--This section may be cited as the ``Northern 
Border Prosecution Initiative Reimbursement Act''.
    (b) Northern Border Prosecution Initiative.--
            (1) Initiative required.--From amounts made available to 
        carry out this section, the Attorney General, acting through 
        the Director of the Bureau of Justice Assistance of the Office 
        of Justice Programs, shall carry out a program, to be known as 
        the Northern Border Prosecution Initiative, to provide funds to 
        reimburse eligible northern border entities for costs incurred 
        by those entities for handling case dispositions of criminal 
        cases that are federally initiated but federally declined-
        referred. This program shall be modeled after the Southwestern 
        Border Prosecution Initiative and shall serve as a partner 
        program to that initiative to reimburse local jurisdictions for 
        processing Federal cases.
            (2) Provision and allocation of funds.--Funds provided 
        under the program shall be provided in the form of direct 
        reimbursements and shall be allocated in a manner consistent 
        with the manner under which funds are allocated under the 
        Southwestern Border Prosecution Initiative.
            (3) Use of funds.--Funds provided to an eligible northern 
        border entity may be used by the entity for any lawful purpose, 
        including the following purposes:
                    (A) Prosecution and related costs.
                    (B) Court costs.
                    (C) Costs of courtroom technology.
                    (D) Costs of constructing holding spaces.
                    (E) Costs of administrative staff.
                    (F) Costs of defense counsel for indigent 
                defendants.
                    (G) Detention costs, including pre-trial and post-
                trial detention.
            (4) Definitions.--In this section:
                    (A) The term ``eligible northern border entity'' 
                means--
                            (i) any of the following States: Alaska, 
                        Idaho, Maine, Michigan, Minnesota, Montana, New 
                        Hampshire, New York, North Dakota, Ohio, 
                        Pennsylvania, Vermont, Washington, and 
                        Wisconsin; or
                            (ii) any unit of local government within a 
                        State referred to in clause (i).
                    (B) The term ``federally initiated'' means, with 
                respect to a criminal case, that the case results from 
                a criminal investigation or an arrest involving Federal 
                law enforcement authorities for a potential violation 
                of Federal criminal law, including investigations 
                resulting from multi-jurisdictional task forces.
                    (C) The term ``federally declined-referred'' means, 
                with respect to a criminal case, that a decision has 
                been made in that case by a United States Attorney or a 
                Federal law enforcement agency during a Federal 
                investigation to no longer pursue Federal criminal 
                charges against a defendant and to refer the 
                investigation to a State or local jurisdiction for 
                possible prosecution. The term includes a decision made 
                on an individualized case-by-case basis as well as a 
                decision made pursuant to a general policy or practice 
                or pursuant to prosecutorial discretion.
                    (D) The term ``case disposition'', for purposes of 
                the Northern Border Prosecution Initiative, refers to 
                the time between a suspect's arrest and the resolution 
                of the criminal charges through a county or State 
                judicial or prosecutorial process. Disposition does not 
                include incarceration time for sentenced offenders, or 
                time spent by prosecutors on judicial appeals.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $28,000,000 for fiscal year 2008 
and such sums as may be necessary for each succeeding fiscal year.

              Subtitle D--Asylum and Detention Safeguards

SEC. 140. SHORT TITLE.

    This subtitle may be cited as the ``Secure and Safe Detention and 
Asylum Act''.

SEC. 141. DEFINITIONS.

    In this subtitle:
            (1) Credible fear of persecution.--The term ``credible fear 
        of persecution'' has the meaning given that term in section 
        235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
        U.S.C. 1225(b)(1)(B)(v)).
            (2) Detainee.--The term ``detainee'' means an alien in the 
        custody of the Department of Homeland Security who is held in a 
        detention facility.
            (3) Detention facility.--The term ``detention facility'' 
        means any Federal facility in which an alien detained pending 
        the outcome of a removal proceeding, or an alien detained 
        pending the execution of a final order of removal, is detained 
        for more than 72 hours, or any other facility in which such 
        detention services are provided to the Federal Government by 
        contract, and does not include detention at any port of entry 
        in the United States.
            (4) Reasonable fear of persecution or torture.--The term 
        ``reasonable fear of persecution or torture'' has the meaning 
        given that term in section 208.31 of title 8, Code of Federal 
        Regulations.
            (5) Standard.--The term ``standard'' means any policy, 
        procedure, or other requirement.

SEC. 142. RECORDING EXPEDITED REMOVAL INTERVIEWS.

    (a) In General.--The Secretary shall establish quality assurance 
procedures and take steps to effectively ensure that questions by 
employees of the Department exercising expedited removal authority 
under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)) are asked in a standard manner, and that both these questions 
and the answers provided in response to them are recorded in a uniform 
fashion.
    (b) Factors Relating to Sworn Statements.--Where practicable, as 
determined by the Secretary in his discretion, any sworn or signed 
written statement taken of an alien as part of the record of a 
proceeding under section 235(b)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a 
recording of the interview which served as the basis for that sworn 
statement.
    (c) Exemption Authority.--
            (1) In general.--Subsection (b) sha1l not apply to 
        interviews that occur at facilities, locations, or areas 
        exempted by the Secretary pursuant to this subsection.
            (2) Exemption.--The Secretary or the Secretary's designee 
        may exempt any facility, location, or area from the 
        requirements of this section based on a determination by the 
        Secretary or the Secretary's designee that compliance with 
        subsection (b) at that facility would impair operations or 
        impose undue burdens or costs.
            (3) Report.--The Secretary or the Secretary's designee 
        shall report annually to Congress on the facilities that have 
        been exempted pursuant to this subsection.
    (d) Interpreters.--The Secretary shall ensure that a competent 
interpreter, not affiliated with the government of the country from 
which the alien may claim asylum, is used when the interviewing officer 
does not speak a language understood by the alien and there is no other 
Federal, State, or local government employee available who is able to 
interpret effectively, accurately, and impartially.
    (e) Recordings in Immigration Proceedings.--Recordings of 
interviews of aliens subject to expedited removal shall be included in 
the record of proceeding and may be considered as evidence in any 
further proceedings involving the alien.
    (f) No Private Right of Action.--Nothing in this section shall be 
construed to create any right, benefit, trust, or responsibility, 
whether substantive or procedural, enforceable in law or equity by a 
party against the United States, its departments, agencies, 
instrumentalities, entities, officers, employees, or agents, or any 
person, nor does this section create any right of review in any 
administrative, judicial, or other proceeding.

SEC. 143. OPTIONS REGARDING DETENTION DECISIONS.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) in the first sentence by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''; and
                            (ii) in the second sentence by striking 
                        ``Attorney General'' and inserting 
                        ``Secretary'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``Attorney 
                                General'' and inserting ``Secretary''; 
                                and
                                    (II) by striking ``or'' at the end;
                            (ii) in subparagraph (B), by striking 
                        ``but'' at the end; and
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) the alien's own recognizance; or
                    ``(D) a secure alternatives program as provided for 
                in this section; but'';
            (2) in subsection (b), by striking ``Attorney General'' and 
        inserting ``Secretary'';
            (3) in subsection (c)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary'' each place it appears; and
                    (B) in paragraph (2), by inserting ``or for 
                humanitarian reasons,'' after ``such an 
                investigation,''; and
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``Attorney 
                General'' and inserting ``Secretary'';
                    (B) in paragraph (1), in subparagraphs (A) and (B), 
                by striking ``Service'' each place it appears and 
                inserting ``Department of Homeland Security''; and
                    (C) in paragraph (3), by striking ``Service'' and 
                inserting ``Secretary of Homeland Security''.

SEC. 144. REPORT TO CONGRESS ON PAROLE PROCEDURES AND STANDARDIZATION 
              OF PAROLE PROCEDURES.

    (a) In General.--The Attorney General and the Secretary of Homeland 
Security shall jointly conduct a review and report to the appropriate 
Committees of the Senate and the House of Representatives within 180 
days of the date of enactment of this Act regarding the effectiveness 
of parole and custody determination procedures applicable to aliens who 
have established a credible fear of persecution and are awaiting a 
final determination regarding their asylum claim by the immigration 
courts. The report shall include the following:
            (1) An analysis of the rate at which release from detention 
        (including release on parole) is granted to aliens who have 
        established a credible fear of persecution and are awaiting a 
        final determination regarding their asylum claim by the 
        immigration courts throughout the United States, and any 
        disparity that exists between locations or geographical areas, 
        including explanation of the reasons for this disparity and 
        what actions are being taken to have consistent and uniform 
        application of the standards for granting parole.
            (2) An analysis of the effect of the procedures and 
        policies applied with respect to parole and custody 
        determinations both by the Attorney General and the Secretary 
        on the alien's pursuit of their asylum claim before an 
        immigration court.
            (3) An analysis of the effect of the procedures and 
        policies applied with respect to parole and custody 
        determinations both by the Attorney General and the Secretary 
        on the alien's physical and psychological well-being.
            (4) An analysis of the effectiveness of the procedures and 
        policies applied with respect to parole and custody 
        determinations both by the Attorney General and the Secretary 
        in securing the alien's presence at the immigration court 
        proceedings.
    (b) Recommendations.--The report shall include recommendations with 
respect to whether the existing parole and custody determination 
procedures applicable to aliens who have established a credible fear of 
persecution and are awaiting a final determination regarding their 
asylum claim by the immigration courts should be modified in order to 
ensure a more consistent application of these procedures in a way that 
both respects the interests of aliens pursuing valid claims of asylum 
and ensures the presence of the aliens at the immigration court 
proceedings.

SEC. 145. LEGAL ORIENTATION PROGRAM.

    (a) In General.--The Attorney General, in consultation with the 
Secretary of Homeland Security, shall ensure that all detained aliens 
in immigration and asylum proceedings receive legal orientation through 
a program administered and implemented by the Executive Office for 
Immigration Review of the Department of Justice.
    (b) Content of Program.--The legal orientation program developed 
pursuant to this section shall be based on the Legal Orientation 
Program carried out by the Executive Office for Immigration Review on 
the date of the enactment of this Act.
    (c) Expansion of Legal Assistance.--The Secretary shall ensure the 
expansion through the United States Citizenship and Immigration Service 
of public-private partnerships that facilitate pro bono counseling and 
legal assistance for aliens awaiting a credible fear of persecution 
interview or an interview related to a reasonable fear of persecution 
or torture determination under section 241(b)(3).

SEC. 146. CONDITIONS OF DETENTION.

    (a) In General.--The Secretary shall ensure that standards 
governing conditions and procedures at detention facilities are fully 
implemented and enforced, and that all detention facilities comply with 
the standards.
    (b) Procedures and Standards.--The Secretary shall promulgate new 
standards, or modify existing detention standards, to comply with the 
following policies and procedures:
            (1) Fair and humane treatment.--Procedures to prevent 
        detainees from being subject to degrading or inhumane treatment 
        such as physical abuse, sexual abuse or harassment, or 
        arbitrary punishment.
            (2) Limitations on solitary confinement.--Procedures 
        limiting the use of solitary confinement, shackling, and strip 
        searches of detainees to situations where the use of such 
        techniques is necessitated by security interests, the safety of 
        officers and other detainees, or other extraordinary 
        circumstances.
            (3) Investigation of grievances.--Procedures for the prompt 
        and effective investigation of grievances raised by detainees.
            (4) Access to telephones.--Procedures permitting detainees 
        sufficient access to telephones, and the ability to contact, 
        free of charge, legal representatives, the immigration courts, 
        the Board of Immigration Appeals, and the Federal courts 
        through confidential toll-free numbers.
            (5) Location of facilities.--Location of detention 
        facilities, to the extent practicable, near sources of free or 
        low-cost legal representation with expertise in asylum or 
        immigration law.
            (6) Procedures governing transfers of detainees.--
        Procedures governing the transfer of a detainee that take into 
        account--
                    (A) the detainee's access to legal representatives; 
                and
                    (B) the proximity of the facility to the venue of 
                the asylum or removal proceeding.
            (7) Quality of medical care.--
                    (A) In general.--Essential medical care provided 
                promptly at no cost to the detainee, including dental 
                care, eye care, mental health care, and where 
                appropriate, individual and group counseling, medical 
                dietary needs, and other medically necessary 
                specialized care. Medical facilities in all detention 
                facilities used by the Department maintain current 
                accreditation by the National Commission on 
                Correctional Health Care (NCCHC). Requirements that 
                each medical facility that is not accredited by the 
                Joint Commission on the Accreditation of Health Care 
                Organizations (JCAHO) will seek to obtain such 
                accreditation. Maintenance of complete medical records 
                for every detainee which shall be made available upon 
                request to a detainee, his legal representative, or 
                other authorized individuals.
                    (B) Exception.--A detention facility that is not 
                operated by the Department of Homeland Security or by a 
                private contractor on behalf of the Department of 
                Homeland Security shall not be required to maintain 
                current accreditation by the NCCHC or to seek 
                accreditation by the JCAHO.
            (8) Translation capabilities.--The employment of detention 
        facility staff that, to the extent practicable, are qualified 
        in the languages represented in the population of detainees at 
        a detention facility, and the provision of alternative 
        translation services when necessary.
            (9) Recreational programs and activities.--Frequent access 
        to indoor and outdoor recreational programs and activities.
    (c) Special Standards for Noncriminal Detainees.--The Secretary 
shall promulgate new standards, or modifications to existing standards, 
that--
            (1) recognize the distinctions between persons with 
        criminal convictions or a history of violent behavior and all 
        other detainees; and
            (2) ensure that procedures and conditions of detention are 
        appropriate for a noncriminal, nonviolent population.
    (d) Special Standards for Specific Populations.--The Secretary 
shall promulgate new standards, or modifications to existing standards, 
that--
            (1) recognize the unique needs of--
                    (A) victims of persecution, torture, trafficking, 
                and domestic violence;
                    (B) families with children;
                    (C) detainees who do not speak English; and
                    (D) detainees with special religious, cultural, or 
                spiritual considerations; and
            (2) ensure that procedures and conditions of detention are 
        appropriate for the populations described in paragraph (1).
    (e) Training of Personnel.--
            (1) In general.--The Secretary shall ensure that personnel 
        in detention facilities are given specialized training to 
        better understand and work with the population of detainees 
        held at the facilities where such personnel work. The training 
        should address the unique needs of--
                    (A) aliens who have established credible fear of 
                persecution;
                    (B) victims of torture or other trauma and victims 
                of persecution, trafficking, and domestic violence; and
                    (C) families with children, detainees who do not 
                speak English, and detainees with special religious, 
                cultural, or spiritual considerations.
            (2) Specialized training.--The training required by this 
        subsection shall be designed to better enable personnel to work 
        with detainees from different countries, and detainees who 
        cannot speak English. The training shall emphasize that many 
        detainees have no criminal records and are being held for civil 
        violations.
    (f) No Private Right of Action.--Nothing in this section shall be 
construed to create any right, benefit, trust, or responsibility, 
whether substantive or procedural, enforceable in law or equity by a 
party against the United States, its departments, agencies, 
instrumentalities, entities, officers, employees, or agents, or any 
person, nor does this section create any right of review in any 
administrative, judicial, or other proceeding.

SEC. 147. OFFICE OF DETENTION OVERSIGHT.

    (a) Establishment of the Office.--
            (1) In general.--There shall be established within the 
        Department an Office of Detention Oversight (in this section 
        referred to as the ``Office'').
            (2) Head of the office.--There shall be at the head of the 
        Office an Administrator. At the discretion of the Secretary, 
        the Administrator of the Office shall be appointed by, and 
        shall report to, either the Secretary or the Assistant 
        Secretary of Homeland Security for United States Immigration 
        and Customs Enforcement. The Office shall be independent of the 
        Office of Detention and Removal Operations, but shall be 
        subject to the supervision and direction of the Secretary or 
        Assistant Secretary.
            (3) Schedule.--The Office shall be established and the 
        Administrator of the Office appointed not later than 6 months 
        after the date of the enactment of this Act.
    (b) Responsibilities of the Office.--
            (1) Inspections of detention centers.--The Administrator of 
        the Office shall--
                    (A) undertake regular and, where appropriate, 
                unannounced inspections of all detention facilities;
                    (B) develop a procedure for any detainee or the 
                detainee's representative to file a confidential 
                written complaint directly with the Office; and
                    (C) report to the Secretary and to the Assistant 
                Secretary all findings of a detention facility's 
                noncompliance with detention standards.
            (2) Investigations.--The Administrator of the Office 
        shall--
                    (A) initiate investigations, as appropriate, into 
                allegations of systemic problems at detention 
                facilities or incidents that constitute serious 
                violations of detention standards;
                    (B) conduct any review or audit relating to 
                detention as directed by the Secretary or the Assistant 
                Secretary;
                    (C) report to the Secretary and the Assistant 
                Secretary the results of all investigations, reviews, 
                or audits; and
                    (D) refer matters, where appropriate, for further 
                action to--
                            (i) the Department of Justice;
                            (ii) the Office of the Inspector General of 
                        the Department;
                            (iii) the Office of Civil Rights and Civil 
                        Liberties of the Department; or
                            (iv) any other relevant office or agency.
            (3) Report to congress.--
                    (A) In general.--The Administrator of the Office 
                shall submit to the Secretary, the Assistant Secretary, 
                the Committee on the Judiciary and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate, and the Committee on the Judiciary and the 
                Committee on Homeland Security of the House of 
                Representatives an annual report on the Administrator's 
                findings on detention conditions and the results of the 
                completed investigations carried out by the 
                Administrator.
                    (B) Contents of report.--Each report required by 
                subparagraph (A) shall include--
                            (i) a description of--
                                    (I) each detention facility found 
                                to be in noncompliance with the 
                                standards for detention required by 
                                this subtitle; and
                                    (II) the actions taken by the 
                                Department to remedy any findings of 
                                noncompliance or other identified 
                                problems; and
                            (ii) information regarding whether such 
                        actions were successful and resulted in 
                        compliance with detention standards.
    (c) Cooperation With Other Offices and Agencies.--Whenever 
appropriate, the Administrator of the Office shall cooperate and 
coordinate its activities with--
            (1) the Office of the Inspector General of the Department;
            (2) the Office of Civil Rights and Civil Liberties of the 
        Department;
            (3) the Privacy Officer of the Department;
            (4) the Department of Justice; or
            (5) any other relevant office or agency.

SEC. 148. SECURE ALTERNATIVES PROGRAM.

    (a) Establishment of Program.--The Secretary shall establish a 
secure alternatives program under which an alien who has been detained 
may be released under enhanced supervision to prevent the alien from 
absconding and to ensure that the alien makes appearances related to 
such detention.
    (b) Program Requirements.--
            (1) Nationwide implementation.--The Secretary shall 
        facilitate the development of the secure alternatives program 
        on a nationwide basis, as a continuation of existing pilot 
        programs such as the Intensive Supervision Appearance Program 
        developed by the Department.
            (2) Utilization of alternatives.--In facilitating the 
        development of the secure alternatives program, the Secretary 
        shall have discretion to utilize a continuum of alternatives to 
        a supervision of the alien, including placement of the alien 
        with an individual or organizational sponsor, or in a 
        supervised group home.
            (3) Aliens eligible for secure alternatives program.--
                    (A) In general.--Aliens who would otherwise be 
                subject to detention based on a consideration of the 
                release criteria in section 236(b)(2), or who are 
                released pursuant to section 236(c)(2), shall be 
                considered for the secure alternatives program.
                    (B) Design of programs.--In developing the secure 
                alternatives program, the Secretary shall take into 
                account the extent to which the program includes only 
                those alternatives to detention that reasonably and 
                reliably ensure--
                            (i) the alien's continued presence at all 
                        future immigration proceedings;
                            (ii) the alien's compliance with any future 
                        order or removal; and
                            (iii) the public safety or national 
                        security.
                    (C) Continued evaluation.--The Secretary shall 
                evaluate regularly the effectiveness of the program, 
                including the effectiveness of the particular 
                alternatives to detention used under the program, and 
                make such modifications as the Secretary deems 
                necessary to improve the program's effectiveness or to 
                deter abuse.
            (4) Contracts and other considerations.--The Secretary may 
        enter into contracts with qualified nongovernmental entities to 
        implement the secure alternatives program and, in designing 
        such program, shall consult with relevant experts and consider 
        programs that have proven successful in the past.

SEC. 149. LESS RESTRICTIVE DETENTION FACILITIES.

    (a) Construction.--To the extent practicable, the Secretary shall 
facilitate the construction or use of secure but less restrictive 
detention facilities for the purpose of long-term detention where 
detainees are held longer than 72 hours.
    (b) Criteria.--In pursuing the development of detention facilities 
pursuant to this section, the Secretary shall--
            (1) consider the design, operation, and conditions of 
        existing secure but less restrictive detention facilities; and
            (2) to the extent practicable, construct or use detention 
        facilities where--
                    (A) movement within and between indoor and outdoor 
                areas of the facility is subject to minimal 
                restrictions;
                    (B) detainees have ready access to social, 
                psychological, and medical services;
                    (C) detainees with special needs, including those 
                who have experienced trauma or torture, have ready 
                access to services and treatment addressing their 
                needs;
                    (D) detainees have frequent access to programs and 
                recreation;
                    (E) detainees are permitted contact visits with 
                legal representatives and family members; and
                    (F) special facilities are provided to families 
                with children.
    (c) Facilities for Families With Children.--In any case in which 
release or secure alternatives programs are not a practicable option, 
the Secretary shall, to the extent practicable, ensure that special 
detention facilities for the purposes of long-term detention where 
detainees are held longer than 72 hours are specifically designed to 
house parents with their minor children, including ensuring that--
            (1) procedures and conditions of detention are appropriate 
        for families with minor children; and
            (2) living and sleeping quarters for children under 14 
        years of age are not physically separated from at least 1 of 
        the child's parents.
    (d) Placement in Nonpunitive Facilities.--Among the factors to be 
considered with respect to placing a detainee in a less restrictive 
facility is whether the detainee is--
            (1) part of a family with minor children;
            (2) a victim of persecution, torture, trafficking, or 
        domestic violence; or
            (3) a nonviolent, noncriminal detainee.
    (e) Procedures and Standards.--Where necessary, the Secretary shall 
promulgate new standards, or modify existing detention standards, to 
promote the development of less restrictive detention facilities.
    (f) No Private Right of Action.--Nothing in this section shall be 
construed to create any right, benefit, trust, or responsibility, 
whether substantive or procedural, enforceable in law or equity by a 
party against the United States, its departments, agencies, 
instrumentalities, entities, officers, employees, or agents, or any 
person, nor does this section create any right of review in any 
administrative, judicial, or other proceeding.

SEC. 150. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this subtitle.
    (b) Effective Date.--This subtitle and the amendments made by this 
subtitle shall take effect on the date that is 180 days after the date 
of the enactment of this Act.

                     TITLE II--INTERIOR ENFORCEMENT

SEC. 201. ADDITIONAL IMMIGRATION PERSONNEL.

    (a) Department of Homeland Security.--
            (1) Trial attorneys.--In each of the fiscal years 2008 
        through 2012, the Secretary, subject to the availability of 
        appropriations for such purpose, shall increase the number of 
        positions for attorneys in the Office of General Counsel of the 
        Department who represent the Department in immigration matters 
        by not less than 100 compared to the number of such positions 
        for which funds were made available during the preceding fiscal 
        year.
            (2) USCIS adjudicators.--In each of the fiscal years 2008 
        through 2012, the Secretary, subject to the availability of 
        appropriations for such purpose, shall increase the number of 
        positions for adjudicators in the United States Citizenship and 
        Immigration Service by not less than 100 compared to the number 
        of such positions for which funds were made available during 
        the preceding fiscal year.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary for each of the fiscal 
        years 2008 through 2012 such sums as may be necessary to carry 
        out paragraphs (1) and (2).
    (b) Department of Justice.--
            (1) Judicial clerks.--The Attorney General shall, subject 
        to the availability of appropriations for such purpose, appoint 
        necessary law clerks for immigration judges and Board of 
        Immigration Appeals members of no less than one per judge and 
        member. A law clerk appointed under this section shall be 
        exempt from the provisions of subchapter I of chapter 63 of 
        title 5 [5 USCS Sec. Sec. 6301 et seq.].
            (2) Litigation attorneys.--In each of the fiscal years 2008 
        through 2012, the Attorney General, subject to the availability 
        of appropriations for such purpose, shall increase the number 
        of positions for attorneys in the Office of Immigration 
        Litigation by not less than 50 compared to the number of such 
        positions for which funds were made available during the 
        preceding fiscal year.
            (3) United states attorneys.--In each of the fiscal years 
        2008 through 2012, the Attorney General, subject to the 
        availability of appropriations for such purpose, shall increase 
        the number of attorneys in the United States Attorneys' office 
        to litigate immigration cases in the Federal courts by not less 
        than 50 compared to the number of such positions for which 
        funds were made available during the preceding fiscal year.
            (4) Immigration judges.--In each of the fiscal years 2008 
        through 2012, the Attorney General, subject to the availability 
        of appropriations for such purpose, shall--
                    (A) increase by not less than 20 the number of 
                full-time immigration judges compared to the number of 
                such positions for which funds were made available 
                during the preceding fiscal year; and
                    (B) increase by not less than 80 the number of 
                positions for personnel to support the immigration 
                judges described in subparagraph (A) compared to the 
                number of such positions for which funds were made 
                available during the preceding fiscal year.
            (5) Board of immigration appeals members.--The Attorney 
        General shall, subject to the availability of appropriations, 
        increase by 10 the number members of the Board of Immigration 
        Appeals over the number of members serving on the date of 
        enactment of this Act.
            (6) Staff attorneys.--In each of the fiscal years 2008 
        through 2012, the Attorney General shall, subject to the 
        availability of appropriations for such purpose--
                    (A) increase the number of positions for full-time 
                staff attorneys in the Board of Immigration Appeals by 
                not less than 20 compared to the number of such 
                positions for which funds were made available during 
                the preceding fiscal year; and
                    (B) increase the number of positions for personnel 
                to support the staff attorneys described in 
                subparagraph (A) by not less than 10 compared to the 
                number of such positions for which funds were made 
                available during the preceding fiscal year.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to the Attorney General for each of the 
        fiscal years 2008 through 2012 such sums as may be necessary to 
        carry out this subsection, including the hiring of necessary 
        support staff.
    (c) Administrative Office of the United States Courts.--In each of 
the fiscal years 2008 through 2012, the Director of the Administrative 
Office of the United States Courts, subject to the availability of 
appropriations, shall increase the number of attorneys in the Federal 
Defenders Program who litigate criminal immigration cases in the 
Federal courts by not less than 50 compared to the number of such 
positions for which funds were made available during the preceding 
fiscal year.
    (d) Legal Orientation Program.--
            (1) Continued operation.--The Director of the Executive 
        Office for Immigration Review shall continue to operate a legal 
        orientation program to provide basic information about 
        immigration court procedures for immigration detainees and 
        shall expand the legal orientation program to provide such 
        information on a nationwide basis.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        such legal orientation program.

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, except for the first reference in 
                clause (a)(4)(B)(i), 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) Attorney general review.--If the Secretary 
                authorizes an extension of detention under subparagraph 
                (E), the alien may seek review of that determination 
                before the Attorney General. If the Attorney General 
                concludes that the alien should be released, then the 
                Secretary shall release the alien pursuant to 
                subparagraph (I). The Attorney General, in consultation 
                with the Secretary, shall promulgate regulations 
                governing review under this paragraph.
                    ``(G) 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)).
                    ``(H) 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 
                        (I). If the Secretary authorizes an extension 
                        of detention under paragraph (E), the alien may 
                        seek review of that determination before the 
                        Attorney General. If the Attorney General 
                        concludes that the alien should be released, 
                        then the Secretary shall release the alien 
                        pursuant to subparagraph (I).
                            ``(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) below the 
                        level of 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).
                    ``(I) 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).
                    ``(J) 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).
                    ``(K) 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.
                    ``(L) 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 (H).
                    ``(M) 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.--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, 
                        unless (a) that order was issued and the alien 
                        was subsequently released or paroled before the 
                        enactment of this Act and (b) the alien has 
                        complied with and remains in compliance with 
                        the terms and conditions of that release or 
                        parole; and
                            (ii) any act or condition occurring or 
                        existing before, on, or after the date of the 
                        enactment of this Act.

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, 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, 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''; and
            (4) 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 conviction 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. INADMISSIBILITY AND DEPORTABILITY OF GANG MEMBERS.

    (a) Definition of Criminal Gang.--Section 101(a) (8 U.S.C. 1101(a)) 
is amended by inserting after paragraph (51) the following:
            ``(52)(A) The term `criminal gang' means an ongoing group, 
        club, organization, or association of 5 or more persons--
                    ``(i) that has, as 1 of its primary purposes, the 
                commission of 1 or more of the criminal offenses 
                described in subparagraph (B); and
                    ``(ii) the members of which engage, or have engaged 
                within the past 5 years, in a continuing series of 
                offenses described in subparagraph (B).
            ``(B) Offenses described in this subparagraph, whether in 
        violation of Federal or State law or in violation of the law of 
        a foreign country, regardless of whether charged, and 
        regardless of whether the conduct occurred before, on, or after 
        the date of the enactment of this paragraph, are--
                    ``(i) a felony drug offense (as defined in section 
                102 of the Controlled Substances Act (21 U.S.C. 802));
                    ``(ii) a felony offense involving firearms or 
                explosives, including a violation of section 924(c), 
                924(h), or 931 of title 18 (relating to purchase, 
                ownership, or possession of body armor by violent 
                felons);
                    ``(iii) an offense under section 274 (relating to 
                bringing in and harboring certain aliens), section 277 
                (relating to aiding or assisting certain aliens to 
                enter the United States), or section 278 (relating to 
                the importation of an alien for immoral purpose);
                    ``(iv) a felony crime of violence as defined in 
                section 16 of title 18, United States Code, which is 
                punishable by a sentence of imprisonment of 5 years or 
                more, including first degree murder, arson, possession, 
                brandishment, or discharge of firearm in connection 
                with crime of violence or drug trafficking offense, use 
                of a short-barreled or semi-automatic weapons, use of a 
                machine gun, murder of individuals involved in aiding a 
                Federal investigation, kidnapping, bank robbery if 
                death results or a hostage is kidnapped, sexual 
                exploitation and other abuse of children, selling or 
                buying of children, activities relating to material 
                involving the sexual exploitation of a minor, 
                activities relating to material constituting or 
                containing child pornography, or illegal transportation 
                of a minor;
                    ``(v) a crime involving obstruction of justice; 
                tampering with or retaliating against a witness, 
                victim, or informant; or burglary;
                    ``(vi) any conduct punishable under sections 1028 
                and 1029 of title 18, United States Code (relating to 
                fraud and related activity in connection with 
                identification documents or access devices), sections 
                1581 through 1594 of such title (relating to peonage, 
                slavery and trafficking in persons), section 1952 of 
                such title (relating to interstate and foreign travel 
                or transportation in aid of racketeering enterprises), 
                section 1956 of such title (relating to the laundering 
                of monetary instruments), section 1957 of such title 
                (relating to engaging in monetary transactions in 
                property derived from specified unlawful activity), or 
                sections 2312 through 2315 of such title (relating to 
                interstate transportation of stolen motor vehicles or 
                stolen property); and
                    ``(vii) a conspiracy to commit an offense described 
                in clause (i) through (vi).''.
    (b) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is 
amended--
            (1) by redesignating subparagraph (F) as subparagraph (L); 
        and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) Aliens associated with criminal 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 participated in a 
                criminal gang, knowing or having reason to know that 
                such participation promoted, furthered, aided, or 
                supported the illegal activity of the gang, is 
                inadmissible.''.
    (c) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is 
amended by adding at the end the following:
                    ``(F) Aliens associated with criminal gangs.--Any 
                alien, in or admitted to the United States, who at any 
                time has participated in a criminal gang, knowing or 
                having reason to know that such participation promoted, 
                furthered, aided, or supported the illegal activity of 
                the gang is deportable. The Secretary of Homeland 
                Security or the Attorney General may waive the 
                application of this subparagraph.''.
    (d) Temporary Protected Status.--Section 244 (8 U.S.C. 1254a) is 
amended--
            (1) by striking ``, Attorney General'' each place it 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``or'' and inserting 
                a semicolon;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien participates in, or at 
                        any time after admission has participated in, 
                        knowing or having reason to know that such 
                        participation promoted, furthered, aided, or 
                        supported the illegal activity of the gang, the 
                        activities of a criminal gang.''; and
            (3) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) by striking ``Subject to paragraph (3), 
                        such'' and inserting ``Such''; and
                            (ii) by striking ``(under paragraph (3))'';
                    (B) by striking paragraph (3); and
                    (C) by redesignating paragraph (4) as paragraph 
                (3); and
                    (D) in paragraph (3), as redesignated, 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.''.
    (e) Increased Penalties Barring the Admission of Convicted Sex 
Offenders Failing to Register and Requiring Deportation of Sex 
Offenders Failing to Register.--
            (1) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C. 
        1182(a)(2)(A)(i)), as amended by section 209(a)(3), is further 
        amended--
                    (A) in subclause (II), by striking ``or'' at the 
                end;
                    (B) in subclause (III), by striking the comma at 
                the end and inserting a semicolon; and
                    (C) by inserting after subclause (III) the 
                following:
                                    ``(IV) a violation of section 2250 
                                of title 18, United States Code 
                                (relating to failure to register as a 
                                sex offender); or''.
            (2) Deportability.--Section 237(a)(2)(A)(i) (8 U.S.C. 
        1227(a)(2)(A)(i)) is amended--
                    (A) in subclause (I), by striking ``, and'' and 
                inserting a semicolon;
                    (B) in subclause (II), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                                    ``(III) a violation of section 2250 
                                of title 18, United States Code 
                                (relating to failure to register as a 
                                sex offender).''.
    (f) Precluding Admissibility of Aliens Convicted of Serious 
Criminal Offenses and Domestic Violence, Stalking, Child Abuse and 
Violation of Protection Orders.--
            (1) Inadmissibility on criminal and related grounds; 
        waivers.--Section 212 (8 U.S.C. 1182) is amended--
                    (A) in subsection (a)(2), by adding at the end the 
                following:
                    ``(J) Crimes of domestic violence, stalking, or 
                violation of protective orders; crimes against 
                children.--
                            ``(i) Domestic violence, stalking, and 
                        child abuse.--Any alien who has been convicted 
                        of a crime of domestic violence, a crime of 
                        stalking, or a crime of child abuse, child 
                        neglect, or child abandonment, provided the 
                        alien served at least 1 year's imprisonment for 
                        the crime or provided the alien was convicted 
                        of or admitted to acts constituting more than 1 
                        such crime, not arising out of a single scheme 
                        of criminal misconduct, is inadmissible. In 
                        this clause, the term `crime of domestic 
                        violence' means any crime of violence (as 
                        defined in section 16 of title 18, United 
                        States Code) against a person committed by a 
                        current or former spouse of the person, by an 
                        individual with whom the person shares a child 
                        in common, by an individual who is cohabiting 
                        with or has cohabited with the person as a 
                        spouse, by an individual similarly situated to 
                        a spouse of the person under the domestic or 
                        family violence laws of the jurisdiction where 
                        the offense occurs, or by any other individual 
                        against a person who is protected from that 
                        individual's acts under the domestic or family 
                        violence laws of the United States or any 
                        State, Indian tribal government, or unit of 
                        local or foreign government.
                            ``(ii) Violators of protection orders.--Any 
                        alien who at any time is enjoined under a 
                        protection order issued by a court and whom the 
                        court determines has engaged in conduct that 
                        constitutes criminal contempt of the portion of 
                        a protection order that involves protection 
                        against credible threats of violence, repeated 
                        harassment, or bodily injury to the person or 
                        persons for whom the protection order was 
                        issued, is inadmissible. In this clause, the 
                        term `protection order' means any injunction 
                        issued for the purpose of preventing violent or 
                        threatening acts of domestic violence, 
                        including temporary or final orders issued by 
                        civil or criminal courts (other than support or 
                        child custody orders or provisions) whether 
                        obtained by filing an independent action or as 
                        an independent order in another proceeding.
                            ``(iii) Applicability.--This subparagraph 
                        shall not apply to an alien who has been 
                        battered or subjected to extreme cruelty and 
                        who is not and was not the primary perpetrator 
                        of violence in the relationship, upon a 
                        determination by the Attorney General or the 
                        Secretary of Homeland Security that--
                                    ``(I) the alien was acting in self-
                                defense;
                                    ``(II) the alien was found to have 
                                violated a protection order intended to 
                                protect the alien; or
                                    ``(III) the alien committed, was 
                                arrested for, was convicted of, or pled 
                                guilty to committing a crime that did 
                                not result in serious bodily injury.''; 
                                and
                    (B) in subsection (h)--
                            (i) by striking ``The Attorney General may, 
                        in his discretion, waive the application of 
                        subparagraphs (A)(i)(I), (B), (D), and (E) of 
                        subsection (a)(2)'' and inserting ``The 
                        Attorney General or the Secretary of Homeland 
                        Security may waive the application of 
                        subparagraphs (A)(i)(I), (B), (D), (E), (F), 
                        (J), and (K) of subsection (a)(2)''; and
                            (ii) by inserting ``or Secretary of 
                        Homeland Security'' after ``the Attorney 
                        General'' each place it appears.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to any acts that occurred on or after the date of 
        the enactment of this Act.

SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO DRUNK DRIVING, 
              ILLEGAL ENTRY, PERJURY, AND FIREARMS OFFENSES.

    (a) Drunk Driving.--
            (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
        1182(a)(2)) is amended by inserting after subparagraph (J), as 
        added by section 204(f) the following:
                    ``(K) Drunk drivers.--Any alien who has been 
                convicted of 1 felony for driving under the influence 
                under Federal or State law, for which the alien was 
                sentenced to more than 1 year imprisonment, 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) Drunk drivers.--Unless the Secretary of 
                Homeland Security or the Attorney General waives the 
                application of this subparagraph, any alien who has 
                been convicted of 1 felony for driving under the 
                influence under Federal or State law, for which the 
                alien was sentenced to more than 1 year imprisonment, 
                is deportable.''.
            (3) Conforming amendment.--Section 212(h) (8 U.S.C. 
        1182(h)) is amended--
                    (A) in the subsection heading, by striking 
                ``Subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E)'' 
                and inserting ``Certain Provisions in Subsection 
                (a)(2)''; and
                    (B) in the matter preceding paragraph (1), by 
                striking ``and (E)'' and inserting ``(E), and (F)''.
            (4) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to convictions entered on or after such date.
    (b) Illegal Entry.--
            (1) 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.--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--
            ``(1) not less than $50 and not more than $250 for each 
        such entry, crossing, attempted entry, or attempted crossing; 
        or
            ``(2) twice the amount specified in paragraph (1) if the 
        alien had previously been subject to a civil penalty under this 
        subsection.''.
            (2) Clerical amendment.--The table of contents is amended 
        by striking the item relating to section 275 and inserting the 
        following:

``Sec.275.Illegal entry.''.
            (3) Effective date.--Section 275(a)(4) of the Immigration 
        and Nationality Act, as added by this Act, shall apply only to 
        violations of section 275(a)(1) committed on or after the date 
        of the enactment of this Act.
    (c) Perjury and False Statements.--Any person who willfully submits 
any materially false, fictitious, or fraudulent statement or 
representation (including any document, attestation, or sworn affidavit 
for that person or any person) relating to an application for any 
benefit under the immigration laws (including for Z non-immigrant 
status) will be subject to prosecution for perjury under section 1621 
of title 18, United States Code, or for making such a statement or 
representation under section 1001 of that title.
    (d) Increased Penalties Relating to Firearms Offenses.--
            (1) Penalties related to removal.--Section 243 (8 U.S.C. 
        1253) is amended--
                    (A) in subsection (a)(1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``212(a)'' or after 
                        ``section''; and
                            (ii) in the matter following subparagraph 
                        (D)--
                                    (I) by striking ``or imprisoned not 
                                more than four years'' and inserting 
                                ``and imprisoned for not more than 5 
                                years''; and
                                    (II) by striking ``, or both'';
                    (B) 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 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
            (2) 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--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting ``, 
                        alien smuggling crime,'' after ``any crime of 
                        violence'';
                            (ii) in subparagraph (A), by inserting ``, 
                        alien smuggling crime,'' after ``such crime of 
                        violence''; and
                            (iii) in subparagraph (D)(ii), by inserting 
                        ``, alien smuggling crime,'' after ``crime of 
                        violence''; and
                    (B) 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).''.
            (3) Inadmissibility for firearms offenses.--Section 
        212(a)(2)(A) (8 U.S.C. 1182(a)(2)(A)), as amended by sections 
        204(e) and 209(a)(3), is amended--
                    (A) in clause (i), by inserting after subclause 
                (IV) the following:
                    ``(V) a crime involving the purchasing, selling, 
                offering for sale, exchanging, using, owning, 
                possessing, or carrying, or of attempting or conspiring 
                to purchase, sell, offer for sale, exchange, use, own, 
                possess, or carry, any weapon, part, or accessory which 
                is a firearm or destructive device (as defined in 
                section 921(a) of title 18, United States Code), 
                provided the alien was sentenced to at least 1 year for 
                the offense,''; and
                    (B) in clause (ii), by striking ``Clause (i)(I)'' 
                and inserting ``Subclauses (I), (IV), and (V) of clause 
                (i)''.

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.--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--
            ``(1) not less than $50 or more than $250 for each such 
        entry, crossing, attempted entry, or attempted crossing; or
            ``(2) twice the amount specified in paragraph (1) if the 
        alien had previously been subject to a civil penalty under this 
        subsection.''.
    (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.''.
    (c) Effective Date.--Subsection (a)(4) of section 275 of the 
Immigration and Nationality Act, as created by this Act, shall apply 
only to violations of subsection (a)(1) of section 275 committed on or 
after the date of enactment of this Act.

SEC. 207. ILLEGAL REENTRY.

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

``SEC. 276. REENTRY OF REMOVED ALIEN.

    Strike subsections (a) through (c) of section 276 of the 
Immigration and Nationality Act, and insert the following:
    ``(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, 
and imprisoned not less than 60 days and not more than 2 years.
    ``(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, and imprisoned not less 
        than 1 year and 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, and imprisoned not less than 2 years 
        and 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, and imprisoned not less than 4 years 
        and 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, and 
        imprisoned not less than 4 years and not more than 20 years, or 
        both; or
            ``(5) was convicted, before such removal or departure, for 
        murder, rape, kidnapping, 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, and imprisoned not less than 5 years and 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, and imprisoned not 
less than 2 years and 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;
            ``(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; or
            ``(3) at the time of the prior exclusion, deportation, 
        removal, or denial of admission alleged in the violation, the 
        alien--
                    ``(A) was under the age of eighteen, and
                    ``(B) had not been convicted of a crime or 
                adjudicated a delinquent minor by a court of the United 
                States, or a court of a state or territory, for conduct 
                that would constitute a felony if committed by an 
                adult.
    ``(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) 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.
            ``(2) 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.
            ``(3) 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.
            ``(4) 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. Definitions.
``1553. Authorized law enforcement activities.''.

``SEC. 1541. TRAFFICKING IN PASSPORTS.

    ``(a) Multiple Passports.--Any person who, during any period of 3 
years or less, 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, 
        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, buys, sells, possesses, or uses any official 
material (or counterfeit of any official material) used to make a 
passport, including any distinctive paper, seal, hologram, image, text, 
symbol, stamp, engraving, or plate, shall be fined under this title, 
imprisoned not more than 20 years, or both.

``SEC. 1542. FALSE STATEMENT IN AN APPLICATION FOR A PASSPORT.

    ``(a) In General.--Any person who knowingly makes any false 
statement or representation in an application for a United States 
passport, or mails, prepares, presents, or signs an application for a 
United States passport knowing the application to contain any false 
statement or representation, shall be fined under this title, 
imprisoned not more than 15 years, or both.
    ``(b) Venue.--
            ``(1) An offense under subsection (a) may be prosecuted in 
        any district,
                    ``(A) in which the false statement or 
                representation was made or the application for a United 
                States passport was prepared or signed, or
                    ``(B) in which or to which the application was 
                mailed or presented.
            ``(2) An offense under subsection (a) involving an 
        application prepared and adjudicated outside the United States 
        may be prosecuted in the district in which the resultant 
        passport was or would have been produced.
    ``(c) Savings Clause.--Nothing in this section may be construed to 
limit the venue otherwise available under sections 3237 and 3238 of 
this title.

``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, knowing or in reckless 
        disregard of the fact that such person is not entitled to 
        receive a passport; or
            ``(3) transfers or furnishes a passport to any person for 
        use by any person other than 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.

    ``Any person who knowingly--
            ``(1) uses any passport issued or designed for the use of 
        another;
            ``(2) uses any passport in violation of the conditions or 
        restrictions therein contained, or in violation of the laws, 
        regulations, or rules governing the issuance and use of the 
        passport;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes any passport knowing it to be forged, 
        counterfeited, altered, falsely made, procured by fraud, or 
        produced or issued without lawful authority; or
            ``(4) 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.

``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, 
to--
            ``(1) defraud any person, or
            ``(2) obtain or receive money or anything else of value 
        from any person, by means of false or fraudulent pretenses, 
        representations, or promises,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Misrepresentation.--Any person who knowingly and falsely 
represents that such person is an attorney or accredited representative 
(as that term is defined in section 1292.1 of title 8, Code of Federal 
Regulations (or any successor regulation to such section)) 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, without lawful authority, an 
        immigration document to another person for use by a person 
        other than 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) Any person who, during any period of 3 years or less, 
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, buys, sells, or possesses any 
official material (or counterfeit of any official material) used to 
make an immigration document, including any distinctive paper, seal, 
hologram, image, text, symbol, stamp, engraving, or plate, shall be 
fined under this title, imprisoned not more than 20 years, or both.
    ``(d) Employment Documents.--Whoever uses--
            ``(1) an identification document, knowing (or having reason 
        to know) that the document was not issued lawfully for the use 
        of the possessor;
            ``(2) an identification document knowing (or having reason 
        to know) that the document is false; or
            ``(3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(b)), shall be fined 
under this title, imprisoned not more than 5 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 the 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.

    Notwithstanding any other provision of this title, the maximum term 
of imprisonment that may be imposed for an offense under this chapter--
            (1) if committed to facilitate a drug trafficking crime (as 
        defined in 929(a)) is 20 years; and
            (2) if committed to facilitate an act of international 
        terrorism (as defined in section 2331) is 25 years.

``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 passport or 
        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 or an 
        alien lawfully admitted for permanent residence in the United 
        States (as those terms are defined in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a))); or
            ``(6) the offender is a stateless person whose habitual 
        residence is in the United States.

``SEC. 1552. 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 `application for a United States passport' 
        includes any document, photograph, or other piece of evidence 
        attached to or submitted in support of the application.
            ``(3) The term `false statement or representation' includes 
        a personation or an omission.
            ``(4) The term `immigration document'--
                    ``(A) means any application, petition, affidavit, 
                declaration, attestation, form, visa, identification 
                card, alien registration document, employment 
                authorization document, border crossing card, 
                certificate, permit, order, license, stamp, 
                authorization, grant of authority, or other official 
                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 (A) and 
                (B).
            ``(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) 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
                    ``(B) any instrument purporting to be a document 
                described in subparagraph (A).
            ``(9) The term `to present' means to offer or submit for 
        official processing, examination, or adjudication. Any such 
        presentation continues until the official processing, 
        examination, or adjudication is complete.
            ``(10) 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.
            ``(11) The term `produce' means to make, prepare, assemble, 
        issue, print, authenticate, or alter.
            ``(12) The term `State' means a State of the United States, 
        the District of Columbia, or any commonwealth, territory, or 
        possession of the United States.
            ``(13) The `use' of a passport or an immigration document 
        referred to in section 1541(a), section 1543(b), section 1544, 
        section 1546(a), and section 1546(b) of this chapter includes 
        any officially authorized use; use to travel; use to 
        demonstrate identity, residence, nationality, citizenship, or 
        immigration status; use to seek or maintain employment; or use 
        in any matter within the jurisdiction of the Federal government 
        or of a State government.'

``SEC. 1553. AUTHORIZED LAW ENFORCEMENT ACTIVITIES.

    ``Nothing in this chapter shall prohibit any lawfully authorized 
investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a political 
subdivision of a State, or an intelligence agency of the United States, 
or any activity authorized under title V of the Organized Crime Control 
Act of 1970 (84 Stat. 933).
    (b) Protection for Legitimate Refugees and Asylum Seekers--
            (1) Prosecution guidelines.--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 obligations 
        of 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) No private right of action.--The guidelines required by 
        subparagraph (1), and any internal office procedures adopted 
        pursuant thereto, are intended solely for the guidance of 
        attorneys for the United States. This section, the guidelines 
        required by subsection (a), and the process for determining 
        such guidelines are not intended to, do not, and may not be 
        relied upon to create any right or benefit, substantive or 
        procedural, enforceable at law by any party in any 
        administrative, civil, or criminal matter.

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) 
                                section 1541, 1545, subsection (b) of 
                                section 1546, or subsection (b) of 
                                section 1547 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) a violation of (or a conspiracy or 
                        attempt to violate) section 1541, 1545, 1546, 
                        or subsection (b) of section 1547 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) 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.
    (c) 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).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary in each of the fiscal years 
2008 through 2012 to carry out the Program.

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.
            ``(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.--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--
                    ``(A) ineligible for the benefits of the agreement;
                    ``(B) subject to the penalties described in 
                subsection (d); and
                    ``(C) subject to an alternate order of removal if 
                voluntary departure was granted under subsection (a)(2) 
                or (b)'';
            (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 (8 U.S.C. 1324d) 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 reconsider 
        under section 240(c)(6) or a timely motion to reopen under 
        section 240(c)(7) is granted, 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)--in subparagraph (B), by striking 
        ``(y)(2)'' and all that follows and inserting ``(y), is in the 
        United States not as an alien lawfully admitted for permanent 
        residence'';
            (2) in subsection (g)(5)--in subparagraph (B), by striking 
        ``(y)(2)'' and all that follows and inserting ``(y), is in the 
        United States not as an alien lawfully admitted for permanent 
        residence''; and
            (3) in subsection (y)--
                    (A) in the header, by striking ``Admitted Under 
                Nonimmigrant Visas'' and inserting ``not Lawfully 
                Admitted for Permanent Residence'';
                    (B) in paragraph (1), by amending subparagraph (B) 
                to read as follows:
                    ``(B) the term ``lawfully admitted for permanent 
                residence'' has the same meaning as in section 
                101(a)(20) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(20)).'';
                    (C) in paragraph (2), by striking ``under a 
                nonimmigrant visa'' and inserting ``but not lawfully 
                admitted for permanent residence''; and
                    (D) in paragraph (3)(A), by striking ``admitted to 
                the United States under a nonimmigrant visa'' and 
                inserting ``lawfully admitted to the United States but 
                not as an alien lawfully admitted for permanent 
                residence''.

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

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

``SEC. 3291. IMMIGRATION, PASSPORT, AND NATURALIZATION 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 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, passport, and naturalization offenses.''.

SEC. 215. DIPLOMATIC SECURITY SERVICE.

    (a) 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 defined in 
                paragraph (9) of section 7 of title 18, United States 
                Code, except as that jurisdiction relates to the 
                premises of United States military missions and related 
                residences;''.
    (b) Construction.--Nothing in this section shall be construed to 
limit the investigative authority of any other Federal department or 
agency.

SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR 
              IMMIGRATION BENEFITS.

    (a) Information Sharing; Interagency Task Force.--Section 105 (8 
U.S.C. 1105) is amended by adding at the end the following:
    ``(e) Interagency Task Force.--
            ``(1) In general.--The Secretary of Homeland Security and 
        the Attorney General shall establish an interagency task force 
        to resolve cases in which an application or petition for an 
        immigration benefit conferred under this Act has been delayed 
        due to an outstanding background check investigation for more 
        than 2 years after the date on which such application or 
        petition was initially filed.
            ``(2) Membership.--The interagency task force established 
        under paragraph (1) shall include representatives from Federal 
        agencies with immigration, law enforcement, or national 
        security responsibilities under this Act.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the Federal Bureau of Investigation 
such sums as are necessary for each fiscal year, 2008 through 2012 for 
enhancements to existing systems for conducting background and security 
checks necessary to support immigration security and orderly processing 
of applications.
    (c) 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 Investigation 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 Investigation on 
        behalf of United States Citizenship and Immigration 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 that the Director of the Federal 
                Bureau of Investigation is taking to expedite 
                background and security checks that have been pending 
                for more than 180 days.

SEC. 217. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

    (a) Reimbursement for Costs Associated With Processing Criminal 
Illegal Aliens.--The Secretary may 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 2008 through 2013 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 
                2008;
                    ``(B) $750,000,000 for fiscal year 2009;
                    ``(C) $850,000,000 for fiscal year 2010; and
                    ``(D) $950,000,000 for each of the fiscal years 
                2011 through 2013.''.
    (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. 218. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED 
              BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.

    (a) In General.--The Secretary may 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 
2008 through 2012 to carry out this section.

SEC. 219. 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 
2008 through 2012 to carry out this section.

SEC. 220. 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. 221. 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. 222. 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), by amending clause (viii) to read 
        as follows:
                            ``(viii) 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
            (2) in subparagraph (B)(i), by amending subclause (II) to 
        read as follows:
                                    ``(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)(viii))'' after ``citizen of the 
United States'' each place that phrase appears.

SEC. 223. 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) 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.
    ``(b) Reimbursement.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        reimburse a State, or a political subdivision of a State, for 
        expenses, as verified by the Secretary, 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.
    ``(c) 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.
    ``(d) Requirement for Schedule.--In carrying out this section, the 
Secretary of Homeland Security shall establish a regular circuit and 
schedule for the prompt transportation of apprehended aliens from the 
custody of those States, and political subdivisions of States, which 
routinely submit requests described in subsection (c), into Federal 
custody.
    ``(e) Authority for Contracts.--
            ``(1) In general.--The Secretary of Homeland Security may 
        enter into contracts or cooperative agreements with appropriate 
        State and local law enforcement and detention agencies to 
        implement this section.
            ``(2) Determination by secretary.--Prior to entering into a 
        contract or cooperative agreement with a State or political 
        subdivision of a State under paragraph (1), the Secretary shall 
        determine whether the State, or 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 
2008 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. 224. 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. 225. 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. 226. 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.

SEC. 227. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to the authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall promulgate or amend the sentencing guidelines, policy statements, 
and official commentaries related to passport fraud offenses, including 
the offenses described in chapter 75 of title 18, United States Code, 
as amended by section 208 of this Act, to reflect the serious nature of 
such offenses.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the United States Sentencing Commission 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 implementation of this section.

SEC. 228. 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'';
                    (B) by inserting ``or otherwise violated any of the 
                terms of the nonimmigrant classification in which the 
                alien was admitted,'' before ``such visa''; and
                    (C) 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. 229. JUDICIAL REVIEW OF VISA REVOCATION.

    (a) In General.--Section 221(i) of the Immigration and Nationality 
Act (8 U.S.C. 1201(i)) is amended by striking ``There shall be no means 
of judicial review'' and all that follows and inserting the following: 
``Notwithstanding any other provision of law, including section 2241 of 
title 28, United States Code, any other habeas corpus provision, and 
sections 1361 and 1651 of such title, a revocation under this 
subsection may not be reviewed by any court, and no court shall have 
jurisdiction to hear any claim arising from, or any challenge to, such 
a revocation, provided that the revocation is executed by the 
Secretary.''.
    (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 all revocations made on or after such date.

                    TITLE III--WORKSITE ENFORCEMENT

Sec.301.Purposes.
Sec.302.Unlawful employment of aliens.
Sec.303.Effective date.
Sec.304.Disclosure of certain taxpayer information to assist in 
                            immigration enforcement.
Sec.305.Increasing security and integrity of Social Security cards.
Sec.306.Increasing security and integrity of identity documents.
Sec.307.Voluntary advanced verification program to combat identity 
                            theft.
Sec.308.Responsibilities of the Social Security Administration.
Sec.309.Immigration enforcement support by the Internal Revenue Service 
                            and the Social Security Administration.
Sec.310.Authorization of appropriations.

                    TITLE III--WORKSITE ENFORCEMENT

SEC. 301. PURPOSES.

    (a) To continue to prohibit the hiring, recruitment, or referral of 
unauthorized aliens.
    (b) To require that each employer take reasonable steps to verify 
the identity and work authorization status of all its employees, 
without regard to national origin and citizenship status.
    (c) To authorize the Secretary of Homeland Security to access 
records of other federal agencies for the purposes of confirming 
identity, authenticating lawful presence and preventing identity theft 
and fraud related to unlawful employment.
    (d) To ensure that the Commissioner of Social Security has the 
necessary authority to provide information to the Secretary of Homeland 
Security that would assist in the enforcement of the immigration laws.
    (e) To authorize the Secretary of Homeland Security to confirm 
issuance of state identity documents, including driver's licenses, and 
to obtain and transmit individual photographic images held by states 
for identity authentication purposes.
    (f) To collect information on employee hires.
    (g) To electronically secure a social security number in the 
Employment Eligibility Verification System (EEVS) at the request of an 
individual who has been confirmed to be the holder of that number, and 
to prevent fraudulent use of the number by others.
    (h) To provide for record retention of EEVS inquiries, to prevent 
identity fraud and employment authorization fraud.
    (i) To employ fast track regulatory and procurement procedures to 
expedite implementation of this Title and pertinent sections of the INA 
for a period of two years from enactment.
    (j) To establish the following:
            (1) a document verification process requiring employers to 
        inspect, copy, and retain identity and work authorization 
        documents;
            (2) an EEVS requiring employers to obtain confirmation of 
        an individual's identity and work authorization;
            (3) procedures for employers to register for the EEVS and 
        to confirm work eligibility through the EEVS;
            (4) a streamlined enforcement procedure to ensure efficient 
        adjudication of violations of this Title;
            (5) a system for the imposition of civil penalties and 
        their enforcement, remission or mitigation;
            (6) an enhancement of criminal and civil penalties;
            (7) increased coordination of information and enforcement 
        between the Internal Revenue Service and the Department of 
        Homeland Security regarding employers who have violations 
        related to the employment of unauthorized aliens;
            (8) increased penalties under the Internal Revenue Code for 
        employers who have violations relating to the employment of 
        unauthorized aliens.

SEC. 302. UNLAWFUL EMPLOYMENT OF ALIENS.

    (a) Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended to read as follows:
    ``(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 (as defined in subsection (b)(1)) 
                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 
                without complying with the requirements of subsections 
                (c) and (d).
            ``(2) Continuing employment.--It is unlawful for an 
        employer, after hiring an alien for employment, to continue to 
        employ the alien in the United States knowing or with reckless 
        disregard that the alien is (or has become) an unauthorized 
        alien with respect to such employment.
            ``(3) Use of labor through contract.--For purposes of this 
        section, an employer who uses a contract, subcontract, or 
        exchange to obtain the labor of an alien in the United States 
        knowing that the alien is an unauthorized alien (as defined in 
        subsection (b)(1)) with respect to performing such labor, shall 
        be considered to have hired the alien for employment in the 
        United States in violation of paragraph (1)(A).
                    ``(A) By regulation, the Secretary may require, for 
                purposes of ensuring compliance with the immigration 
                laws, that an employer include in a written contract, 
                subcontract, or exchange an effective and enforceable 
                requirement that the contractor or subcontractor adhere 
                to the immigration laws of the United States, including 
                use of EEVS.
                    ``(B) The Secretary may establish procedures by 
                which an employer may obtain confirmation from the 
                Secretary that the contractor or subcontractor has 
                registered with the EEVS and is utilizing the EEVS to 
                verify its employees.
                    ``(C) The Secretary may establish such other 
                requirements for employers using contractors or 
                subcontractors as the Secretary deems necessary to 
                prevent knowing violations of this paragraph.
            ``(4) Application to federal government.--For purposes of 
        this section, the term `employer' includes entities in any 
        branch of the Federal Government.
            ``(5) Defense.--An employer that establishes that it has 
        complied in good faith with the requirements of 
subsections (c)(1) through (c)(4), pertaining to document verification 
requirements, and subsection (d) has established an affirmative defense 
that the employer has not violated paragraph (1)(A) with respect to 
such hiring, recruiting, or referral, however:
                    ``(A) until such time as the Secretary has required 
                an employer to participate in the EEVS or such 
                participation is permitted on a voluntary basis 
                pursuant to subsection (d), a defense is established 
                without a showing of compliance with subsection (d); 
                and
                    ``(B) to establish a defense, the employer must 
                also be in compliance with any additional requirements 
                that the Secretary may promulgate by regulation 
                pursuant to subsections (c), (d), and (k).
            ``(6) An employer is presumed to have acted with knowledge 
        or reckless disregard if the employer fails to comply with 
        written standards, procedures or instructions issued by the 
        Secretary. Such standards, procedures or instructions shall be 
        objective and verifiable.
    ``(b) Definitions.--
            ``(1) Definition of unauthorized alien.--As used in this 
        section, 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.
            ``(2) Definition of employer.--For purposes of this 
        section, the term `employer' means any person or entity hiring, 
        recruiting, or referring an individual for employment in the 
        United States.
    ``(c) Document Verification Requirements.--Any employer hiring, 
recruiting, or referring an individual for employment in the United 
States shall take all reasonable steps to verify that the individual is 
authorized to work in the United States, including the requirements of 
subsection (d) and the following paragraphs:
            ``(1) Attestation after examination of documentation.
                    ``(A) In general.--The employer must attest, under 
                penalty of perjury and on a form prescribed by the 
                Secretary, that it has verified the identity and work 
                authorization status of the individual by examining--
                            ``(i) a document described in subparagraph 
                        (B); or
                            ``(ii) a document described in subparagraph 
                        (C) and a document described in subparagraph 
                        (D).
                Such attestation may be manifested by a handwritten or 
                electronic signature. An employer has complied with the 
                requirement of this paragraph with respect to 
                examination of documentation if the employer has 
                followed applicable regulations and any written 
                procedures or instructions provided by the Secretary 
                and if a reasonable person would conclude that the 
                documentation is genuine and establishes the employee's 
                identity and authorization to work, taking into account 
                any information provided to the employer by the 
                Secretary, including photographs.
                    ``(B) Documents establishing both employment 
                authorization and identity.--A document described in 
                this subparagraph is an individual's--
                            ``(i) United States passport, or passport 
                        card issued pursuant to the Secretary of 
                        State's authority under 22 U.S.C. 211a;
                            ``(ii) permanent resident card or other 
                        document issued by the Secretary or Secretary 
                        of State to aliens authorized to work in the 
                        United States, if the document--
                                    ``(I) contains a photograph of the 
                                individual, biometric data, such as 
                                fingerprints, or such other personal 
                                identifying information relating to the 
                                individual as the Secretary finds, by 
                                regulation, sufficient for the purposes 
                                of this subsection;
                                    ``(II) is evidence of authorization 
                                for employment in the United States; 
                                and
                                    ``(III) contains security features 
                                to make it resistant to tampering, 
                                counterfeiting, and fraudulent use; or
                            ``(iii) a temporary interim benefits card 
                        valid under section 218C(c) of the Immigration 
                        and Nationality Act, as amended by section 602 
                        of the Comprehensive Immigration Reform Act of 
                        2007, bearing a photograph and an expiration 
                        date, and issued by the Secretary to aliens 
                        applying for temporary worker status under the 
                        Z-visa.
                    ``(C) Documents establishing identity of 
                individual.--A document described in this subparagraph 
                includes--
                            ``(i) an individual's driver's license or 
                        identity card issued by a State, the 
                        Commonwealth of the Northern Mariana Islands, 
                        or an outlying possession of the United States, 
                        provided that the issuing State or entity has 
                        certified to the Secretary of Homeland Security 
                        that it is in compliance with the minimum 
                        standards required under section 202 of the 
                        REAL ID Act of 2005 (division B of Public Law 
                        109-13) (49 U.S.C. 30301 note) and implementing 
                        regulations issued by the Secretary of Homeland 
                        Security once those requirements become 
                        effective;
                            ``(ii) an individual's 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 
                        which is not compliant with section 202 of the 
                        REAL ID Act of 2005 if--
                                    ``(I) the driver's license or 
                                identity card contains the individual's 
                                photograph as well as the individual's 
                                name, date of birth, gender, height, 
                                eye color and address,
                                    ``(II) the card has been approved 
                                for this purpose in accordance with 
                                timetables and procedures established 
                                by the Secretary pursuant to subsection 
                                (c)(1)(F) of this section, and
                                    ``(III) the card is presented by 
                                the individual and examined by the 
                                employer in combination with a U.S. 
                                birth certificate, or a Certificate of 
                                Naturalization, or a Certificate of 
                                Citizenship, or such other documents as 
                                may be prescribed by the Secretary,
                            ``(iii) for individuals under 16 years of 
                        age who are unable to present a document listed 
                        in clause (i) or (ii), documentation of 
                        personal identity of such other type as the 
                        Secretary finds provides a reliable means of 
                        identification, provided it contains security 
                        features to make it resistant to tampering, 
                        counterfeiting, and fraudulent use; or
                            ``(iv) other documentation evidencing 
                        identity as identified by the Secretary in his 
                        discretion, with notice to the public provided 
                        in the Federal Register, to be acceptable for 
                        purposes of this section, provided that the 
                        document, including any electronic security 
                        measures linked to the document, contains 
                        security features that make the document as 
                        resistant to tampering, counterfeiting, and 
                        fraudulent use as the documents listed in 
                        (B)(i), B(ii), or (C)(i).
                    ``(D) Documents evidencing employment 
                authorization.--The following documents may be accepted 
                as evidence of employment authorization--
                            ``(i) a social security account number card 
                        issued by the Commissioner of Social Security 
                        (other than a card which specifies on its face 
                        that the card is not valid for employment in 
                        the United States). The Secretary, in 
                        consultation with the Commissioner of Social 
                        Security, may require by publication of a 
                        notice in the Federal Register that only a 
                        social security account number card described 
                        in Section 305 of this Title be accepted for 
                        this purpose; or
                            ``(ii) any other documentation evidencing 
                        authorization of employment in the United 
                        States which the Secretary declares, by 
                        publication in the Federal Register, to be 
                        acceptable for purposes of this section, 
                        provided that the document, including any 
                        electronic security measures linked to the 
                        document contains security features to make it 
                        resistant to tampering, counterfeiting, and 
                        fraudulent use.
                    ``(E) Authority to prohibit use of certain 
                documents.--If the Secretary finds that any document or 
                class of documents described in subparagraph (B), (C), 
                or (D) as establishing employment authorization or 
                identity does not reliably establish such authorization 
                or identity or is being used fraudulently to an 
                unacceptable degree, the Secretary shall, with notice 
                to the public provided in the Federal Register, 
                prohibit or restrict the use of that document or class 
                of documents for purposes of this subsection.
                    ``(F) After June 1, 2013, no driver's license or 
                state identity card may be accepted if it does not 
                comply with the REAL ID Act of 2005. This paragraph 
                (c)(1)(F) shall have no effect on paragraphs (c)(1)(B), 
                (c)(1)(C)(iii), (c)(1)(C)(iv), or (c)(1)(D).
            ``(2) Individual attestation of employment authorization.--
        The individual must attest, under penalty of perjury on the 
        form prescribed by the Secretary, that the individual is a 
        citizen or national of the United States, an alien lawfully 
        admitted for permanent residence, or an alien who is authorized 
        under this Act or by the Secretary to be hired, recruited, or 
        referred for such employment. Such attestation may be 
        manifested by either a hand-written or electronic signature.
            ``(3) Retention of verification form.--After completion of 
        such form in accordance with paragraphs (1) and (2), the 
        employer must retain a paper, microfiche, microfilm, or 
        electronic version of the form and make it available for 
        inspection by officers of the Department of Homeland Security 
        (or persons designated by the Secretary), the Special Counsel 
        for Immigration-Related Unfair Employment Practices, or the 
        Department of Labor during a period beginning on the date of 
the hiring, recruiting, or referral of the individual and ending--
                    ``(A) in the case of the recruiting or referral for 
                a fee (without hiring) of an individual, seven years 
                after the date of the recruiting or referral; and
                    ``(B) in the case of the hiring of an individual--
                            ``(i) seven years after the date of such 
                        hiring; or
                            ``(ii) two years after the date the 
                        individual's employment is terminated, 
                        whichever is earlier.
          ``(4) Copying of documentation and recordkeeping required.
                    ``(A) Notwithstanding any other provision of law, 
                the employer shall copy all documents presented by an 
                individual pursuant to this subsection and shall retain 
                a paper, microfiche, microfilm, or electronic copy as 
                prescribed in paragraph (3), but only (except as 
                otherwise permitted under law) for the purposes of 
                complying with the requirements of this subsection. 
                Such copies shall reflect the signatures of the 
                employer and the employee, as well as the date of 
                receipt.
                    ``(B) The employer shall also maintain records of 
                Social Security Administration correspondence regarding 
                name and number mismatches or no-matches and the steps 
                taken to resolve such issues.
                    ``(C) The employer shall maintain records of all 
                actions and copies of any correspondence or action 
                taken by the employer to clarify or resolve any issue 
                that raises reasonable doubt as to the validity of the 
                alien's identity or work authorization.
                    ``(D) The employer shall maintain such records as 
                prescribed in this subsection. The Secretary may 
                prescribe the manner of recordkeeping and may require 
                that additional records be kept or that additional 
                documents be copied and maintained. The Secretary may 
                require that these documents be transmitted 
                electronically, and may develop automated capabilities 
                to request such documents.
          ``(5) Penalties.-- An employer that fails to comply with any 
        requirement of this subsection shall be penalized under 
        subsection (e)(4)(B).
          ``(6) No authorization of national identification cards.-- 
        Nothing in this section shall be construed to authorize, 
        directly or indirectly, the issuance or use of national 
        identification cards or the establishment of a national 
        identification card.
          ``(7) The employer shall use the procedures for document 
        verification set forth in this paragraph for all employees 
        without regard to national origin or citizenship status.
    ``(d) Employment Eligibility Verification System.--
          ``(1) In general.--The Secretary, in cooperation and 
        consultation with the Secretary of State, the Commissioner of 
        Social Security, and the states, shall implement and specify 
        the procedures for EEVS. The participating employers shall 
        timely register with EEVS and shall use EEVS as described in 
        subsection (d)(5).
          ``(2) Implementation schedule.--
                    ``(A) As of the date of enactment of this section, 
                the Secretary in his discretion, with notice to the 
                public provided in the Federal Register, is authorized 
                to require any employer or industry which the Secretary 
                determines to be part of the critical infrastructure, a 
                federal contractor, or directly related to the national 
                security or homeland security of the United States to 
                participate in the EEVS. This requirement may be 
                applied to both newly hired and current employees. The 
                Secretary shall notify employers subject to this 
                subparagraph 30 days prior to EEVS.
                    ``(B) No later than 6 months after the date of 
                enactment of this section, the Secretary shall require 
                additional employers or industries to participate in 
                the EEVS. This requirement shall be applied to new 
                employees hired, and current employees subject to 
                reverification because of expiring work authorization 
                documentation or expiration of immigration status, on 
                or after the date on which the requirement takes 
                effect. The Secretary, by notice in the Federal 
                Register, shall designate these employers or 
                industries, in his discretion, based upon risks to 
                critical infrastructure, national security, immigration 
                enforcement, or homeland security needs.
                    ``(C) No later than 18 months after the date of 
                enactment of this section, the Secretary shall require 
                all employers to participate in the EEVS with respect 
                to newly hired employees and current employees subject 
                to reverification because of expiring work 
                authorization documentation or expiration of 
                immigration status.
                    ``(D) No later than three years after the date of 
                enactment of this section, all employers shall 
                participate in the EEVS with respect to new employees, 
                all employees whose identity and employment 
                authorization have not been previously verified through 
                EEVS, and all employees in Z status who have not 
                previously presented a secure document evidencing their 
                Z status. The Secretary may specify earlier dates for 
                participation in the EEVS in his discretion for some or 
                all classes of employer or employee.
                    ``(E) The Secretary shall create the necessary 
                systems and processes to monitor the functioning of the 
                EEVS, including the volume of the workflow, the speed 
                of processing of queries, and the speed and accuracy of 
                responses. These systems and processes shall be audited 
                by the Government Accountability Office 9 months after 
                the date of enactment of this section and 24 months 
                after the date of enactment of this section. The 
                Government Accountability Office shall report the 
                results of the audits to Congress.
          ``(3) Participation in EEVS.--The Secretary has the following 
        discretionary authority to require or to permit participation 
        in the EEVS--
                    ``(A) To permit any employer that is not required 
                to participate in the EEVS to do so on a voluntary 
                basis;
                    ``(B) To require any employer that is required to 
                participate in the EEVS with respect to its newly hired 
                employees also to do so with respect to its current 
                workforce if the Secretary has reasonable cause to 
                believe that the employer has engaged in any violation 
                of the immigration laws.
          ``(4) Consequence of failure to participate.--If an employer 
        is required under this subsection to participate in the EEVS 
        and fails to comply with the requirements of such program with 
        respect to an individual--
                    ``(A) such failure shall be treated as a violation 
                of subsection (a)(1)(B) of this section with respect to 
                that individual, and
                    ``(B) a rebuttable presumption is created that the 
                employer has violated subsection (a)(1)(A) or (a)(2) of 
                this section.
          ``Subparagraph (B) shall not apply in any prosecution under 
        subsection 274A(f)(1).
          ``(5) Procedures for participants in the EEVS.--
                    ``(A) In general.--An employer participating in the 
                EEVS must register in the EEVS and conform to the 
                following procedures in the event of hiring, 
                recruiting, or referring any individual for employment 
                in the United States:
                            ``(i) Registration of employers.--The 
                        Secretary, through notice in the Federal 
                        Register, shall prescribe procedures that 
                        employers must follow to register in the EEVS. 
                        In prescribing these procedures, the Secretary 
                        shall have authority to require employers to 
                        provide:
                                    ``(I) employer's name;
                                    ``(II) employer's Employment 
                                Identification Number (EIN);
                                    ``(III) company address;
                                    ``(IV) name, position and social 
                                security number of the employer's 
                                employees accessing the EEVS; and
                                    ``(V) such other information as the 
                                Secretary deems necessary to ensure 
                                proper use and security of the EEVS.
                          The Secretary shall require employers to 
                        undergo such training as the Secretary deems 
                        necessary to ensure proper use and security of 
                        the EEVS. To the extent practicable, such 
                        training shall be made available 
                        electronically.
                            ``(ii) Provision of additional 
                        information.--The employer shall obtain from 
                        the individual (and the individual shall 
                        provide) and shall record in such manner as the 
                        Secretary may specify--
                                    ``(I) an individual's social 
                                security account number,
                                    ``(II) if the individual does not 
                                attest to United States nationality 
                                under subsection (c)(2) of this 
                                section, such identification or 
                                authorization number established by the 
                                Department of Homeland Security as the 
                                Secretary of Homeland Security shall 
                                specify, and
                                    ``(III) such other information as 
                                the Secretary may require to determine 
                                the identity and work authorization of 
                                an employee.
                            ``(iii) Presentation of documentation.--The 
                        employer, and the individual whose identity and 
                        employment eligibility are being confirmed, 
                        shall fulfill the requirements of subsection 
                        (c) of this section.
                            ``(iv) Presentation of biometrics.--
                        Employers who are enrolled in the Voluntary 
                        Advanced Verification Program to Combat 
                        Identity Theft under section 307 of this Title 
                        shall, in addition to documentary evidence of 
                        identity and work eligibility, electronically 
                        provide the fingerprints of the individual to 
                        the Department of Homeland Security.''
                    ``(B) Seeking confirmation.--
                            ``(i) The employer shall use the EEVS to 
                        provide to the Secretary all required 
                        information in order to obtain confirmation of 
                        the identity and employment eligibility of any 
                        individual no earlier than the date of hire and 
                        no later than on the first day of employment 
                        (or recruitment or referral, as the case may 
                        be). An employer may not, however, make the 
                        starting date of an individual's employment 
                        contingent on the receipt of a confirmation of 
                        the identity and employment eligibility.
                            ``(ii) For reverification of an employee 
                        with a limited period of work authorization 
                        (including Z card holder), all required 
                        verification procedures must be complete on the 
                        date the employee's work authorization expires.
                            ``(iii) For initial verification of an 
                        employee hired before the employer is subject 
                        to the employment eligibility verification 
                        system, all required procedures must be 
                        complete on such date as the Secretary shall 
                        specify in accordance with subparagraph 
                        (d)(2)(D).
                            ``(iv) The Secretary shall provide, and the 
                        employer shall utilize, as part of EEVS, a 
                        method of communicating notices and requests 
                        for information or action on the part of the 
                        employer with respect to expiring work 
                        authorization or status and other matters. 
                        Additionally, the Secretary shall provide a 
                        method of notifying employers of a 
                        confirmation, nonconfirmation or a notice that 
                        further action is required (``further action 
                        notice''). The employer shall communicate to 
                        the individual that is the subject of the 
                        verification all information provided to the 
                        employer by the EEVS for communication to the 
                        individual.
                    ``(C) Confirmation or nonconfirmation.--
                            ``(i) Initial response.--The verification 
                        system shall provide a confirmation, a 
                        nonconfirmation, or a further action notice of 
                        an individual's identity and employment 
                        eligibility at the time of the inquiry, unless 
                        for technological reasons or due to unforeseen 
                        circumstances, the EEVS is unable to provide 
                        such confirmation or further action notice. In 
                        such situations, the system shall provide 
                        confirmation or further action notice within 3 
                        business days of the initial inquiry. If 
                        providing confirmation or further action 
                        notice, the EEVS shall provide an appropriate 
                        code indicating such confirmation or such 
                        further action notice.
                            ``(ii) Confirmation upon initial inquiry.--
                        When the employer receives an appropriate 
                        confirmation of an individual's identity and 
                        work eligibility under the EEVS, the employer 
                        shall record the confirmation in such manner as 
                        the Secretary may specify.
                            ``(iii) Further action notice upon initial 
                        inquiry and secondary verification.--
                                    ``(I) Further action notice.--If 
                                the employer receives a further action 
                                notice of an individual's identity or 
                                work eligibility under the EEVS, the 
                                employer shall inform the individual 
                                without delay for whom the confirmation 
                                is sought of the further action notice 
                                and any procedures specified by the 
                                Secretary for addressing the further 
                                action notice. The employee must 
                                acknowledge in writing the receipt of 
                                the further action notice from the 
                                employer.
                                    ``(II) Contest.--Within ten 
                                business days from the date of 
                                notification to the employee, the 
                                employee must contact the appropriate 
                                agency to contest the further action 
                                notice and, if the Secretary so 
                                requires, appear in person at the 
                                appropriate Federal or state agency for 
                                purposes of verifying the individual's 
                                identity and employment authorization. 
                                The Secretary, in consultation with the 
                                Commissioner of Social Security and 
                                other appropriate Federal and State 
                                agencies, shall specify an available 
                                secondary verification procedure to 
                                confirm the validity of information 
                                provided and to provide a final 
                                confirmation or nonconfirmation. An 
                                individual contesting a further action 
                                notice must attest under penalty of 
                                perjury to his identity and employment 
                                authorization.
                                    ``(III) No contest.--If the 
                                individual does not contest the further 
                                action notice within the period 
                                specified in subparagraph 
                                (5)(C)(iii)(II), a final 
                                nonconfirmation shall issue. The 
                                employer shall then record the 
                                nonconfirmation in such manner as the 
                                Secretary may specify.
                                    ``(IV) Finality.--The EEVS shall 
                                provide a final confirmation or 
                                nonconfirmation within 10 business days 
                                from the date of the employee's 
                                contesting of the further action 
                                notice. As long as the employee is 
                                taking the steps required by the 
                                Secretary and the agency that the 
                                employee has contacted to resolve a 
                                further action notice, the Secretary 
                                shall extend the period of 
                                investigation until the secondary 
                                verification procedure allows the 
                                Secretary to provide a final 
                                confirmation or nonconfirmation. If the 
                                employee fails to take the steps 
                                required by the Secretary and the 
                                appropriate agency, a final 
                                nonconfirmation may be issued to that 
                                employee.
                                    ``(V) Re-examination.--Nothing in 
                                this section shall prevent the 
                                Secretary from reexamining a case where 
                                a final confirmation has been provided 
                                if subsequently received information 
                                indicates that the individual may not 
                                be work authorized.
                        In no case shall an employer terminate 
                        employment of an individual solely because of a 
                        failure of the individual to have identity and 
                        work eligibility confirmed under this section 
                        until a nonconfirmation becomes final and the 
                        period to timely file an administrative appeal 
                        has passed, and in the case where an 
                        administrative appeal has been denied, the 
                        period to timely file a petition for judicial 
                        review has passed. When final confirmation or 
                        nonconfirmation is provided, the confirmation 
                        system shall provide an appropriate code 
                        indicating such confirmation or 
                        nonconfirmation. An individual's failure to 
                        contest a further action notice shall not be 
                        considered an admission of guilt with respect 
                        to any violation of this section or any 
                        provision of law.
                    ``(D) Consequences of nonconfirmation.--
                            ``(i) Termination of continued 
                        employment.--If the employer has received a 
                        final nonconfirmation regarding an individual, 
                        the employer shall terminate employment (or 
                        recruitment or referral) of the individual, 
                        unless the individual files an administrative 
                        appeal of a final nonconfirmation notice under 
                        paragraph (7) within the time period prescribed 
                        in that paragraph and the Secretary or the 
                        Commissioner stays the final nonconfirmation 
                        notice pending the resolution of the 
                        administrative appeal.
                            ``(ii) Continued employment after final 
                        nonconfirmation.--If the employer continues to 
                        employ (or to recruit or refer) an individual 
                        after receiving final nonconfirmation (unless 
                        the individual filed an administrative appeal 
                        of a final nonconfirmation notice under 
                        paragraph (7) within the time period prescribed 
                        in that paragraph and the Secretary of the 
                        Commissioner stayed the final nonconfirmation 
                        notice pending the resolution of the 
                        administrative appeal), a rebuttable 
                        presumption is created that the employer has 
                        violated subsections (a)(1)(A) and (a)(2) of 
                        this section. The previous sentence shall not 
                        apply in any prosecution under subsection 
                        (f)(1) of this section.
                    ``(E) Obligation to respond to queries and 
                additional information.--
                            ``(i) Employers are required to comply with 
                        requests from the Secretary through EEVS for 
                        information, including queries concerning 
                        current and former employees that relate to the 
                        functioning of the EEVS, the accuracy of the 
                        responses provided by the EEVS, and any 
                        suspected fraud or identity theft in the use of 
                        the EEVS. Failure to comply with such a request 
                        is a violation of section (a)(1)(B).
                            ``(ii) Individuals being verified through 
                        EEVS may be required to take further action to 
                        address irregularities identified in the 
                        documents relied upon for purposes of 
                        employment verification. The employer shall 
                        communicate to the individual any such 
                        requirement for further actions and shall 
                        record the date and manner of such 
                        communication. The individual must acknowledge 
                        in writing the receipt of this communication 
                        from the employer. Failure to communicate such 
                        a requirement is a violation of section 
                        (a)(1)(B).
                            ``(iii) The Secretary is authorized, with 
                        notice to the public provided in the Federal 
                        Register, to implement, clarify, and supplement 
                        the requirements of this paragraph in order to 
                        facilitate the functioning of the EEVS or to 
                        prevent fraud or identity theft in the use of 
                        the EEVS.
                    ``(F) Impermissible use of the EEVS.--
                            ``(i) An employer may not use the EEVS to 
                        verify an individual prior to extending to the 
                        individual an offer of employment.
                            ``(ii) An employer may not require an 
                        individual to verify the individual's own 
                        employment eligibility through the EEVS as a 
                        condition of extending to that individual an 
                        offer of employment. Nothing in this paragraph 
                        shall be construed to prevent an employer from 
                        encouraging an employee or a prospective 
                        employee from verifying the employee's or a 
                        prospective employee's own employment 
                        eligibility prior to obtaining employment 
                        pursuant to paragraph (5)(H).
                            ``(iii) An employer may not terminate an 
                        individual's employment solely because that 
                        individual has been issued a further action 
                        notice.
                            ``(iv) An employer may not take the 
                        following actions solely because an individual 
                        has been issued a further action notice:
                                    ``(I) reduce salary, bonuses or 
                                other compensation due to the employee;
                                    ``(II) suspend the employee without 
                                pay;
                                    ``(III) reduce the hours that the 
                                employee is required to work if such 
                                reduction is accompanied by a reduction 
                                in salary, bonuses or other 
                                compensation due to the employee, 
                                except that, with the agreement of the 
                                employee, an employer may provide an 
                                employee with reasonable time off 
                                without pay in order to contest and 
                                resolve the further action notice 
                                received by the employee;
                                    ``(IV) deny the employee the 
                                training necessary to perform the 
                                employment duties for which the 
                                employee has been hired.
                            ``(v) An employer may not, in the course of 
                        utilizing the procedures for document 
                        verification set forth in subsection (c), 
                        require that a prospective employee present 
                        additional documents or different documents 
                        than those prescribed under that subsection.
                            ``(vi) The Secretary of Homeland Security 
                        shall develop the necessary policies and 
                        procedures to monitor employers' use of the 
                        EEVS and their compliance with the requirements 
                        set forth in this section. Employers are 
                        required to comply with requests from the 
                        Secretary for information related to any 
                        monitoring, audit or investigation undertaken 
                        pursuant to this subparagraph.
                            ``(vii) The Secretary of Homeland Security, 
                        in consultation with the Secretary of Labor, 
                        shall establish and maintain a process by which 
                        any employee (or any prospective employee who 
                        would otherwise have been hired) who has reason 
                        to believe that an employer has violated 
                        subparagraphs (i)-(v) may file a complaint 
                        against the employer.
                            ``(viii) Any employer found to have 
                        violated subparagraphs (i)-(v) shall pay a 
                        civil penalty of up to $10,000 for each 
                        violation.
                            ``(ix) This paragraph is not intended to, 
                        and does not, create any right, benefit, trust, 
                        or responsibility, whether substantive or 
                        procedural, enforceable at law or equity by a 
                        party against the United States, its 
                        departments, agencies, instrumentalities, 
                        entities, officers, employees, or agents, or 
                        any person, nor does it create any right of 
                        review in a judicial proceeding.
                            ``(x) No later than 3 months after the date 
                        of enactment of this section, the Secretary of 
                        Homeland Security, in cooperation with the 
                        Secretary of Labor and the Administrator of the 
                        Small Business Administration, shall conduct a 
                        campaign to disseminate information respecting 
                        the rights and remedies prescribed under this 
                        section. Such campaign shall be aimed at 
                        increasing the knowledge of employers, 
                        employees, and the general public concerning 
                        employer and employee rights, responsibilities 
                        and remedies under this section.
                                    ``(I) In order to carry out the 
                                campaign under this paragraph, the 
                                Secretary of Homeland Security may, to 
                                the extent deemed appropriate and 
                                subject to the availability of 
                                appropriations, contract with public 
                                and private organizations for outreach 
                                activities under the campaign.
                                    ``(II) There are authorized to be 
                                appropriated to carry out this 
                                paragraph $40,000,000 for each fiscal 
                                year 2007 through 2009.
                    ``(G) Based on a regular review of the EEVS and the 
                document verification procedures to identify fraudulent 
                use and to assess the security of the documents being 
                used to establish identity or employment authorization, 
                the Secretary in consultation with the Commissioner of 
                Social Security may modify by Notice published in the 
                Federal Register the documents that must be presented 
                to the employer, the information that must be provided 
                to EEVS by the employer, and the procedures that must 
                be followed by employers with respect to any aspect of 
                the EEVS if the Secretary in his discretion concludes 
                that the modification is necessary to ensure that EEVS 
                accurately and reliably determines the work 
                authorization of employees while providing protection 
                against fraud and identity theft.
                    ``(H) Subject to appropriate safeguards to prevent 
                misuse of the system, the Secretary in consultation 
                with the Commissioner of Social Security, shall 
                establish secure procedures to permit an individual who 
                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 
                EEVS.
            ``(6) Protection from liability for actions taken on the 
        basis of information provided by the confirmation system.--No 
        employer participating in the EEVS shall be liable under any 
        law for any employment-related action taken with respect to the 
        employee in good faith reliance on information provided through 
        the confirmation system.
            ``(7) Administrative review.--
                    ``(A) In general.--An individual who receives a 
                final nonconfirmation notice may, not later than 15 
                days after the date that such notice is received, file 
                an administrative appeal of such final notice. An 
                individual who did not timely contest a further action 
                notice may not avail himself of this paragraph. Unless 
                the Secretary of Homeland Security, in consultation 
                with the Commissioner of Social Security, specifies 
                otherwise, all administrative appeals shall be filed as 
                follows:
                            ``(i) Nationals of the United States.--An 
                        individual claiming to be a national of the 
                        United States shall file the administrative 
                        appeal with the Commissioner.
                            ``(ii) Aliens.--An individual claiming to 
                        be an alien authorized to work in the United 
                        States shall file the administrative appeal 
                        with the Secretary.
                    ``(B) Review for error.--The Secretary and the 
                Commissioner shall each develop procedures for 
                resolving administrative appeals regarding final 
                nonconfirmations based upon the information that the 
                individual has provided, including any additional 
                evidence that was not previously considered. Appeals 
                shall be resolved within 30 days after the individual 
                has submitted all evidence relevant to the appeal. The 
                Secretary and the Commissioner may, on a case by case 
                basis for good cause, extend this period in order to 
                ensure accurate resolution of an appeal before him. 
                Administrative review under this paragraph (7) shall be 
                limited to whether the final nonconfirmation notice is 
                supported by the weight of the evidence.
                    ``(C) Administrative relief.--The relief available 
                under this paragraph (7) is limited to an 
                administrative order upholding, reversing, modifying, 
                amending, or setting aside the final nonconfirmation 
                notice. The Secretary or the Commissioner shall stay 
                the final nonconfirmation notice pending the resolution 
                of the administrative appeal unless the Secretary or 
                the Commissioner determines that the administrative 
                appeal is frivolous, unlikely to succeed on the merits, 
                or filed for purposes of delay and terminates the stay.
                    ``(D) Damages, fees and costs.--No money damages, 
                fees or costs may be awarded in the administrative 
                review process, and no court shall have jurisdiction to 
                award any damages, fees or costs relating to such 
                administrative review under the Equal Access to Justice 
                Act or any other law.
            ``(8) Judicial Review.--
                    ``(A) Exclusive procedure.--Notwithstanding any 
                other provision of law (statutory or nonstatutory) 
                including sections 1361 and 1651 of title 28, no court 
                shall have jurisdiction to consider any claim against 
                the United States, or any of its agencies, officers, or 
                employees, challenging or otherwise relating to a final 
                nonconfirmation notice or to the EEVS, except as 
                specifically provided by this paragraph. Judicial 
                review of a final nonconfirmation notice is governed 
                only by chapter 158 of title 28, except as provided 
                below.
                    ``(B) Requirements for review of a final 
                nonconfirmation notice.--With respect to review of a 
                final nonconfirmation notice under subsection (a), the 
                following requirements apply:
                            ``(i) Deadline.--The petition for review 
                        must be filed no later than 30 days after the 
                        date of the completion of the administrative 
                        appeal.
                            ``(ii) Venue and forms.--The petition for 
                        review shall be filed with the United States 
                        Court of Appeals for the judicial circuit 
                        wherein the petitioner resided when the final 
                        nonconfirmation notice was issued. The record 
                        and briefs do not have to be printed. The court 
                        of appeals shall review the proceeding on a 
                        typewritten record and on typewritten briefs.
                            ``(iii) Service.--The respondent is either 
                        the Secretary of Homeland Security or the 
                        Commissioner of Social Security, but not both, 
                        depending upon who issued (or affirmed) the 
                        final nonconfirmation notice. In addition to 
                        serving the respondent, the petitioner must 
                        also serve the Attorney General.
                            ``(iv) Petitioner's brief.--The petitioner 
                        shall serve and file a brief in connection with 
                        a petition for judicial review not later than 
                        40 days after the date on which the 
                        administrative record is available, and may 
                        serve and file a reply brief not later than 14 
                        days after service of the brief of the 
                        respondent, and the court may not extend these 
                        deadlines, except for good cause shown. If a 
                        petitioner fails to file a brief within the 
                        time provided in this paragraph, the court 
                        shall dismiss the appeal unless a manifest 
                        injustice would result. The court of appeals 
                        may set an expedited briefing schedule.
                            ``(v) Scope and standard for review.--The 
                        court of appeals shall decide the petition only 
                        on the administrative record on which the final 
                        nonconfirmation order is based. The burden 
                        shall be on the petitioner to show that the 
                        final nonconfirmation decision was arbitrary, 
                        capricious, not supported by substantial 
                        evidence, or otherwise not in accordance with 
                        law. Administrative findings of fact are 
                        conclusive unless any reasonable adjudicator 
                        would be compelled to conclude to the contrary.
                            ``(vi) Stay.--The court of appeals shall 
                        stay the final nonconfirmation notice pending 
                        its decision on the petition for review unless 
                        the court determines that the petition for 
                        review is frivolous, unlikely to succeed on the 
                        merits, or filed for purposes of delay.
                    ``(C) Exhaustion of administrative remedies.--A 
                court may review a final nonconfirmation order only 
                if--
                            ``(1) the petitioner has exhausted all 
                        administrative remedies available to the alien 
                        as of right, and
                            ``(2) another court has not decided the 
                        validity of the order, unless the reviewing 
                        court finds that the petition presents grounds 
                        that could not have been presented in the prior 
                        judicial proceeding or that the remedy provided 
                        by the prior proceeding was inadequate or 
                        ineffective to test the validity of the order.
                    ``(D) Limit on injunctive relief.--Regardless of 
                the nature of the action or claim or of the identity of 
                the party or parties bringing the action, no court 
                (other than the Supreme Court) shall have jurisdiction 
                or authority to enjoin or restrain the operation of the 
                provisions in this section, other than with respect to 
                the application of such provisions to an individual 
                petitioner.
            ``(9) Management of employment eligibility verification 
        system.--
                    ``(A) In general.--The Secretary is authorized to 
                establish, manage and modify an EEVS that shall--
                            ``(i) respond to inquiries made by 
                        participating employers at any time through the 
                        internet concerning an individual's identity 
                        and whether the individual is authorized to be 
                        employed;
                            ``(ii) maintain records of the inquiries 
                        that were made, of confirmations provided (or 
                        not provided), and of the codes provided to 
                        employers as evidence of their compliance with 
                        their obligations under the EEVS; and
                            ``(iii) provide information to, and request 
                        action by, employers and individuals using the 
                        system, including notifying employers of the 
                        expiration or other relevant change in an 
                        employee's employment authorization, and 
                        directing an employer to convey to the employee 
                        a request to contact the appropriate Federal or 
                        State agency.
                    ``(B) Design and operation of system.--The EEVS 
                shall be designed and operated--
                            ``(i) to maximize its reliability and ease 
                        of use by employers consistent with insulating 
                        and protecting the privacy and security of the 
                        underlying information;
                            ``(ii) to respond accurately to all 
                        inquiries made by employers on whether 
                        individuals are authorized to be employed and 
                        to register any times when the system is unable 
                        to receive inquiries;
                            ``(iii) to maintain appropriate 
                        administrative, technical, and physical 
                        safeguards to prevent unauthorized disclosure 
                        of personal information;
                            ``(iv) to allow for auditing use of the 
                        system to detect fraud and identify theft, and 
                        to preserve the security of the information in 
                        all of the system, including but not limited to 
                        the following:
                                    ``(I) to develop and use algorithms 
                                to detect potential identity theft, 
                                such as multiple uses of the same 
                                identifying information or documents;
                                    ``(II) to develop and use 
                                algorithms to detect misuse of the 
                                system by employers and employees;
                                    ``(III) to develop capabilities to 
                                detect anomalies in the use of the 
                                system that may indicate potential 
                                fraud or misuse of the system;
                                    ``(IV) to audit documents and 
                                information submitted by potential 
                                employees to employers, including 
                                authority to conduct interviews with 
                                employers and employees;
                            ``(v) to confirm identity and work 
                        authorization through verification of records 
                        maintained by the Secretary, other Federal 
                        departments, states, the Commonwealth of the 
                        Northern Mariana Islands, or an outlying 
                        possession of the United States, as determined 
                        necessary by the Secretary, including:
                                    ``(I) records maintained by the 
                                Social Security Administration as 
                                specified in (D);
                                    ``(II) Birth and death records 
                                maintained by vital statistics agencies 
                                of any state or other United States 
                                jurisdiction;
                                    ``(III) Passport and visa records 
                                (including photographs) maintained by 
                                the United States Department of State;
                                    ``(IV) State driver's license or 
                                identity card information (including 
                                photographs) maintained by State 
                                department of motor vehicles.
                            ``(vi) to confirm electronically the 
                        issuance of the employment authorization or 
                        identity document and to display the digital 
                        photograph that the issuer placed on the 
                        document so that the employer can compare the 
                        photograph displayed to the photograph on the 
                        document presented by the employee. If in 
                        exceptional cases a photograph is not available 
                        from the issuer, the Secretary shall specify a 
                        temporary alternative procedure for confirming 
                        the authenticity of the document.
                    ``(C) The Secretary is authorized, with notice to 
                the public provided in the Federal Register, to issue 
                regulations concerning operational and technical 
                aspects of the EEVS and the efficiency, accuracy, and 
                security of the EEVS.
                    ``(D) Access to information.--
                            ``(i) Notwithstanding any other provision 
                        of law, the Secretary of Homeland Security 
                        shall have access to relevant records described 
                        at paragraph (9)(B)(v), for the purposes of 
                        preventing identity theft and fraud in the use 
                        of the EEVS and enforcing the provisions of 
                        this section governing employment verification. 
                        A State or other non-Federal jurisdiction that 
                        does not provide such access shall not be 
                        eligible for any grant or other program of 
                        financial assistance administered by the 
                        Secretary.
                            ``(ii) The Secretary, in consultation with 
                        the Commissioner of Social Security and other 
                        appropriate Federal and State agencies, shall 
                        develop policies and procedures to ensure 
                        protection of the privacy and security of 
                        personally identifiable information and 
                        identifiers contained in the records accessed 
                        pursuant to this paragraph and subparagraph 
                        (d)(5)(E)(i). The Secretary, in consultation 
                        with the Commissioner and other appropriate 
                        Federal and State agencies, shall develop and 
                        deploy appropriate privacy and security 
                        training for the Federal and State employees 
                        accessing the records pursuant to this 
                        paragraph and subparagraph (d)(5)(E)(i).
                            ``(iii) The Chief Privacy Officer of the 
                        Department of Homeland Security shall conduct 
                        regular privacy audits of the policies and 
                        procedures established under subparagraph 
                        (9)(D)(ii), including any collection, use, 
                        dissemination, and maintenance of personally 
                        identifiable information and any associated 
                        information technology systems, as well as 
                        scope of requests for this information. The 
                        Chief Privacy Officer shall review the results 
                        of the audits and recommend to the Secretary 
                        and the Privacy and Civil Liberties Oversight 
                        Board any changes necessary to improve the 
                        privacy protections of the program.
                    ``(E) Responsibilities of the secretary of homeland 
                security.--
                            ``(i) As part of the EEVS, the Secretary 
                        shall establish a reliable, secure method, 
                        which, operating through the EEVS and within 
                        the time periods specified, compares the name, 
                        alien identification or authorization number, 
                        or other relevant information provided in an 
                        inquiry against such information maintained or 
                        accessed by the Secretary in order to confirm 
                        (or not confirm) the validity of the 
                        information provided, the correspondence of the 
                        name and number, whether the alien is 
                        authorized to be employed in the United States 
                        (or, to the extent that the Secretary 
                        determines to be feasible and appropriate, 
                        whether the Secretary's records verify United 
                        States citizenship), and such other information 
                        as the Secretary may prescribe.
                            ``(ii) As part of the EEVS, the Secretary 
                        shall establish a reliable, secure method, 
                        which, operating through the EEVS, displays the 
                        digital photograph described in paragraph 
                        (d)(9)(B)(vi).
                            ``(iii) The Secretary shall have authority 
                        to prescribe when a confirmation, 
                        nonconfirmation or further action notice shall 
                        be issued.
                            ``(iv) The Secretary shall perform regular 
                        audits under the EEVS, as described in 
                        paragraph (d)(9)(B)(iv) of this section and 
                        shall utilize the information obtained from 
                        such audits, as well as any information 
                        obtained from the Commissioner of Social 
                        Security pursuant to section 304 of the 
                        Comprehensive Immigration Act of 2007, for the 
                        purposes of this Title and of immigration 
                        enforcement in general.
                            ``(v) The Secretary shall make appropriate 
                        arrangements to allow employers who are 
                        otherwise unable to access the EEVS to use 
                        Federal Government facilities or public 
                        facilities in order to utilize the EEVS.
                    ``(F) Responsibilities of the secretary of state.--
                As part of the EEVS, the Secretary of State shall 
                provide to the Secretary access to passport and visa 
                information as needed to confirm that a passport or 
                passport card presented under section (c)(1)(B) belongs 
                to the subject of the EEVS check, or that a passport or 
                visa photograph matches an individual;
                    ``(G) Updating information.--The Commissioner of 
                Social Security and the Secretaries of Homeland 
                Security and State shall update their information in a 
                manner that promotes maximum accuracy and shall provide 
                a process for the prompt correction of erroneous 
                information.
            ``(10) Limitation on use of the employment eligibility 
        verification system.--Notwithstanding any other provision of 
        law, nothing in this subsection shall be construed to permit or 
        allow any department, bureau, or other agency of the United 
        States Government to utilize any information, database, or 
        other records assembled under this subsection for any purpose 
        other than for the enforcement and administration of the 
        immigration laws, anti-terrorism laws, or for enforcement of 
        Federal criminal law related to the functions of the EEVS, 
        including prohibitions on forgery, fraud and identity theft.
            ``(11) Unauthorized use or disclosure of information.--Any 
        employee of the Department of Homeland Security or another 
        Federal or State agency who knowingly uses or discloses the 
        information assembled under this subsection for a purpose other 
        than one authorized under this section shall pay a civil 
        penalty of $5,000-$50,000 for each violation.
            ``(12) Conforming amendment.--Public Law 104-208, div. C, 
        title IV, subtitle A, sections 401-05 are repealed, provided 
        that nothing in this subsection shall be construed to limit the 
        authority of the Secretary to allow or continue to allow the 
        participation of Basic Pilot employers in the EEVS established 
        by this subsection.
            ``(13) Funds.--In addition to any appropriated funds, the 
        Secretary is authorized to use funds provided in sections 
        286(m) and (n), for the maintenance and operation of the EEVS. 
        EEVS shall be considered an immigration adjudication service 
        for purposes of sections 286(m) and (n).''
            ``(14) The employer shall use the procedures for EEVS 
        specified in this section for all employees without regard to 
        national origin or citizenship status.
    ``(e) Compliance.--
            ``(1) Complaints and investigations.--The Secretary of 
        Homeland Security shall establish procedures--
                    ``(A) for individuals and entities to file 
                complaints respecting potential violations of 
                subsection (a) or (g)(1);
                    ``(B) for the investigation of those complaints 
                which the Secretary deems it appropriate to 
                investigate; and
                    ``(C) for the investigation of such other 
                violations of subsection (a) or (g)(1) as the Secretary 
                determines to be appropriate.
            ``(2) Authority in investigations.--In conducting 
        investigations and hearings under this subsection--
                    ``(A) immigration officers shall have reasonable 
                access to examine evidence of any employer being 
                investigated; and
                    ``(B) immigration officers 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. In case of contumacy or refusal to obey a 
                subpoena lawfully issued under this paragraph, 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 a contempt thereof. Failure to cooperate 
                with such subpoena shall be subject to further 
                penalties, including but not limited to further fines 
                and the voiding of any mitigation of penalties or 
                termination of proceedings under subsection (e)(3)(B).
            ``(3) Compliance procedures.--
                    ``(A) Pre-penalty notice.--If the Secretary has 
                reasonable cause to believe that there has been a civil 
                violation of this section or the requirements of this 
                section, including but not limited to subsections (b), 
                (c), (d) and (k), and determines that further 
                proceedings are warranted, the Secretary shall issue to 
                the employer concerned a written notice of the 
                Department's intention to issue a claim for a monetary 
                or other penalty. Such pre-penalty notice shall:
                            ``(i) describe the violation;
                            ``(ii) specify the laws and regulations 
                        allegedly violated;
                            ``(iii) disclose the material facts which 
                        establish the alleged violation; and
                            ``(iv) inform such employer that he or she 
                        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.--
                Whenever any employer receives written pre-penalty 
                notice of a fine or other penalty in accordance with 
                subparagraph (A), the employer may file, within 15 days 
                from receipt of such notice, with the Secretary a 
                petition for the remission or mitigation of such fine 
                or penalty, or a petition for termination of the 
                proceedings. The petition may include any relevant 
                evidence or proffer of evidence the employer wishes to 
                present, and shall be filed and considered in 
                accordance with procedures to be established by the 
                Secretary. If the Secretary finds that such fine, 
                penalty, or forfeiture was incurred erroneously, or 
                finds the existence of such mitigating circumstances as 
                to justify the remission or mitigation of such fine or 
                penalty, the Secretary may remit or mitigate the same 
                upon such terms and conditions as the Secretary deems 
                reasonable and just, or order termination of any 
                proceedings relating thereto. Such mitigating 
                circumstances may include, but need not be limited to, 
                good faith compliance and participation in, or 
                agreement to participate in, the EEVS, if not otherwise 
                required.
                ``This subparagraph shall not apply to an employer that 
                has or is engaged in a pattern or practice of 
                violations of subsection (a)(1)(A), (a)(1)(B), or 
                (a)(2) or of any other requirements of this section.
                    ``(C) Penalty claim.--After considering evidence 
                and representations, if any, offered by the employer 
                pursuant to subparagraph (B), the Secretary shall 
                determine whether there was a violation and promptly 
                issue a written final determination setting forth the 
                findings of fact and conclusions of law on which the 
                determination is based. If the Secretary determines 
                that there was a violation, the Secretary shall issue 
                the final determination with a written penalty claim. 
                The penalty claim shall specify all charges in the 
                information provided under clauses (i) through (iii) of 
                subparagraph (A) and any mitigation or remission of the 
                penalty that the Secretary deems appropriate.
            ``(4) Civil penalties.--
                    ``(A) Hiring or continuing to employ unauthorized 
                aliens. Any employer that violates any provision of 
                subsection (a)(1)(A) or (a)(2) shall:
                            ``(1) pay a civil penalty of $5,000 for 
                        each unauthorized alien with respect to which 
                        each violation of either subsection (a)(1)(A) 
                        or (a)(2) occurred;
                            ``(2) if an employer has previously been 
                        fined under subsection (e)(4)(A), pay a civil 
                        penalty of $10,000 for each unauthorized alien 
                        with respect to which a violation of either 
                        subsection (a)(1)(A) or (a)(2) occurred; and
                            ``(3) if an employer has previously been 
                        fined more than once under subsection (e)(4), 
                        pay a civil penalty of $25,000 for each 
                        unauthorized alien with respect to which a 
                        violation of either subsection has occurred. 
                        This penalty shall apply, in addition to any 
                        penalties previously assessed, to employers who 
                        fail to comply with a previously issued and 
                        final order under this section.
                            ``(4) if an employer has previously been 
                        fined more than twice under subsection 
                        (e)(4)(A), pay a civil penalty of $75,000 for 
                        each alien with respect to which a violation of 
                        either subsection (a)(1) or (a)(2) occurred;
                            ``(5) In addition to any penalties 
                        previously assessed, an employer who fails to 
                        comply with a previously issued and final order 
                        under this section shall be fined $75,000 for 
                        each violation.
                    ``(B) Recordkeeping or verification practices.--Any 
                employer that violates or fails to comply with any 
                requirement of subsection (b), (c), and (d), shall pay 
                a civil penalty as follows:
                            ``(1) pay a civil penalty of $1,000 for 
                        each violation;
                            ``(2) if an employer has previously been 
                        fined under subsection (e)(4)(B), pay a civil 
                        penalty of $2,000 for each violation; and
                            ``(3) if an employer has previously been 
                        fined more than once under subsection (e)(4), 
                        pay a civil penalty of $5,000 for each 
                        violation. This penalty shall apply, in 
                        addition to any penalties previously assessed, 
                        to employers who fail to comply with a 
                        previously issued and final order under this 
                        section.
                            ``(4) if an employer has previously been 
                        fined more than twice under subsection 
                        (e)(4)(B), pay a civil penalty of $15,000 for 
                        each violation.
                            ``(5) In addition to any penalties 
                        previously assessed, an employer who fails to 
                        comply with a previously issued and final order 
                        under this section shall be fined $15,000 for 
                        each violation.
                    ``(C) Other penalties.--The Secretary may impose 
                additional penalties for violations, including cease 
                and desist orders, specially designed compliance plans 
                to prevent further violations, suspended fines to take 
                effect in the event of a further violation, and in 
                appropriate cases, the remedy provided by paragraph 
                (g)(2). All penalties in this section may be adjusted 
                every four years to account for inflation as provided 
                by law.
                    ``(D) The Secretary is authorized to reduce or 
                mitigate penalties imposed upon employers, based upon 
                factors including, but not limited to, the employer's 
                hiring volume, compliance history, good-faith 
                implementation of a compliance program, participation 
                in a temporary worker program, and voluntary disclosure 
                of violations of this subsection to the Secretary.
            ``(5) Order of internal review and certification of 
        compliance.--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 it is in compliance with this section, or 
        has instituted a program to come into compliance. Within 60 
        days of receiving a notice from the Secretary requiring such a 
        certification, the employer's chief executive officer or 
        similar official with responsibility for, and authority to bind 
        the company on, all hiring and immigration compliance notices 
        shall certify under penalty of perjury that the employer is in 
        conformance with the requirements of subsections (c)(1) through 
        (c)(4), pertaining to document verification requirements, and 
        with subsection (d), pertaining to the EEVS (once that system 
        is implemented according to the requirements of (d)(1)), and 
        with any additional requirements that the Secretary may 
        promulgate by regulation pursuant to subsections (c), (d), and 
        (k), or that the employer has instituted a program to come into 
        compliance with these requirements. At the request of the 
        employer, the Secretary may extend the 60-day deadline for good 
        cause. The Secretary is authorized to publish in the Federal 
        Register standards or methods for such certification, require 
        specific recordkeeping practices with respect to such 
        certifications, and audit the records thereof at any time. This 
        authority shall not be construed to diminish or qualify any 
        other penalty provided by this section.
            ``(6) Judicial review.--
                    ``(A) Notwithstanding any other provision of law 
                (statutory or nonstatutory) including sections 1361 and 
                1651 of title 28, no court shall have jurisdiction to 
                consider a final determination or penalty claim issued 
                under subparagraph (3)(C), except as specifically 
                provided by this paragraph. Judicial review of a final 
                determination under paragraph (e)(4) is governed only 
                by chapter 158 of title 28, except as specifically 
                provided below. The filing of a petition as provided in 
                this paragraph shall stay the Secretary's determination 
                until entry of judgment by the court. The Secretary is 
                authorized to require that 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.
                    (B) Requirements for review of a final 
                determination.--With respect to judicial review of a 
                final determination or penalty claim issued under 
                subparagraph (3)(C), the following requirements apply:
                            (i) Deadline.--The petition for review must 
                        be filed no later than 30 days after the date 
                        of the final determination or penalty claim 
                        issued under subparagraph (3)(C).
                            (ii) Venue and forms.--The petition for 
                        review shall be filed with the court of appeals 
                        for the judicial circuit wherein the employer 
                        resided when the final determination or penalty 
                        claim was issued. The record and briefs do not 
                        have to be printed. The court of appeals shall 
                        review the proceeding on a typewritten record 
                        and on typewritten briefs.
                            (iii) Service.--The respondent is either 
                        the Secretary of Homeland Security or the 
                        Commissioner of Social Security, but not both, 
                        depending upon who issued (or affirmed) the 
                        final nonconfirmation notice. In addition to 
                        serving the respondent, the petitioner must 
                        also serve the Attorney General.
                            (iv) Petitioner's brief.--The petitioner 
                        shall serve and file a brief in connection with 
                        a petition for judicial review not later than 
                        40 days after the date on which the 
                        administrative record is available, and may 
                        serve and file a reply brief not later than 14 
                        days after service of the brief of the 
                        respondent, and the court may not extend these 
                        deadlines, except for good cause shown. If a 
                        petitioner fails to file a brief within the 
                        time provided in this paragraph, the court 
                        shall dismiss the appeal unless a manifest 
                        injustice would result.
                            (v) Scope and standard for review.--The 
                        court of appeals shall decide the petition only 
                        on the administrative record on which the final 
                        determination is based. The burden shall be on 
                        the petitioner to show that the final 
                        determination was arbitrary, capricious, not 
                        supported by substantial evidence, or otherwise 
                        not in accordance with law. Administrative 
                        findings of fact are conclusive unless any 
                        reasonable adjudicator would be compelled to 
                        conclude to the contrary.
                    ``(C) Exhaustion of administrative remedies.--A 
                court may review a final determination under 
                subparagraph (3)(C) only if--
                            (1) the petitioner has exhausted all 
                        administrative remedies available to the 
                        petitioner as of right, and
                            (2) another court has not decided the 
                        validity of the order, unless the reviewing 
                        court finds that the petition presents grounds 
                        that could not have been presented in the prior 
                        judicial proceeding or that the remedy provided 
                        by the prior proceeding was inadequate or 
                        ineffective to test the validity of the order.
                    ``(D) Limit on injunctive relief.--Regardless of 
                the nature of the action or claim or of the identity of 
                the party or parties bringing the action, no court 
                (other than the Supreme Court) shall have jurisdiction 
                or authority to enjoin or restrain the operation of the 
                provisions in this section, other than with respect to 
                the application of such provisions to an individual 
                petitioner.
            ``(7) 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 (6), the Attorney 
        General may file suit to enforce compliance with the final 
        determination in any appropriate district court of the United 
        States. In any such suit, the validity and appropriateness of 
        the final determination shall not be subject to review.
            ``(8) Liens.--
                    ``(A) Creation of lien.--If any employer liable for 
                a fee or penalty under this section neglects or refuses 
                to pay such liability and fails to file a petition for 
                review (if applicable) as provided in paragraph 6 of 
                this subsection, such liability is a lien in favor of 
                the United States on all property and rights to 
                property of such person as if the liability of such 
                person were a liability for a tax assessed under the 
                Internal Revenue Code of 1986. If a petition for review 
                is filed as provided in paragraph 6 of this subsection, 
                the lien (if any) shall arise upon the entry of a final 
                judgment by the court. The lien continues for 20 years 
                or until the liability is satisfied, remitted, set 
                aside, or is terminated.
                    ``(B) Effect of filing notice of lien.--Upon filing 
                of a notice of lien in the manner in which a notice of 
                tax lien would be filed under section 6323(f)(1) and 
                (2) of the Internal Revenue Code of 1986, the lien 
                shall be valid against any purchaser, holder of a 
                security interest, mechanic's lien or judgment lien 
                creditor, except with respect to properties or 
                transactions specified in subsection (b), (c), or (d) 
                of section 6323 of the Internal Revenue Code of 1986 
                for which a notice of tax lien properly filed on the 
                same date would not be valid. The notice of lien shall 
                be considered a notice of lien for taxes payable to the 
                United States for the purpose of any State or local law 
                providing for the filing of a notice of a tax lien. A 
                notice of lien that is registered, recorded, docketed, 
                or indexed in accordance with the rules and 
                requirements relating to judgments of the courts of the 
                State where the notice of lien is registered, recorded, 
                docketed, or indexed shall be considered for all 
                purposes as the filing prescribed by this section. The 
                provisions of section 3201(e) of chapter 176 of title 
                28 shall apply to liens filed as prescribed by this 
                section.
                    ``(C) Enforcement of a lien.--A lien obtained 
                through this process shall be considered a debt as 
                defined by 28 U.S.C. Sec. 3002 and enforceable pursuant 
                to the Federal Debt Collection Procedures Act.
    ``(f) Criminal Penalties and Injunctions for Pattern or Practice 
Violations.--
            ``(1) Criminal penalty.--Any employer which engages in a 
        pattern or practice of knowing violations of subsection 
        (a)(1)(A) or (a)(2) shall be fined not more than $75,000 for 
        each unauthorized alien with respect to whom such a violation 
        occurs, imprisoned for not more than six months for the entire 
        pattern or practice, or both.
            ``(2) Enjoining of pattern or practice violations.--
        Whenever the Secretary or the Attorney General has reasonable 
        cause to believe that an employer is engaged in a pattern or 
        practice of employment, recruitment, or referral in violation 
        of paragraph (1)(A) or (2) of subsection (a), the Attorney 
        General may bring a civil action in the appropriate district 
        court of the United States requesting such relief, including a 
        permanent or temporary injunction, restraining order, or other 
        order against the employer, as the Secretary deems necessary.
    ``(g) Prohibition of Indemnity Bonds.--
            ``(1) Prohibition.--It is unlawful for an employer, in the 
        hiring, recruiting, or referring for employment of any 
        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 
        general fund of the Treasury.
    ``(h) Government Contracts.--
            ``(1) Employers.--Whenever an employer who does not hold 
        Federal contracts, grants, or cooperative agreements 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 subject to debarment from the receipt of 
        Federal contracts, grants, or cooperative agreements for a 
        period of up to two years in accordance with the procedures and 
        standards prescribed by the Federal Acquisition Regulations. 
        The Secretary or the Attorney General shall advise the 
        Administrator of General Services of any such debarment, and 
        the Administrator of General Services shall list the employer 
        on the List of Parties Excluded from Federal Procurement and 
        Nonprocurement Programs for the period of the debarment. The 
        Administrator of General Services, in consultation with the 
        Secretary and Attorney General, may waive operation of this 
        subsection or may limit the duration or scope of the debarment.
            ``(2) Contractors and recipients.--Whenever an employer who 
        holds Federal contracts, grants, or cooperative agreements 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 subject to debarment from the receipt of 
        Federal contracts, grants, or cooperative agreements for a 
        period of up to two years in accordance with the procedures and 
        standards prescribed by the Federal Acquisition Regulations. 
        Prior to debarring the employer, the Secretary, in cooperation 
        with the Administrator of General Services, shall advise all 
        agencies holding contracts, grants, or cooperative agreements 
        with the employer of the proceedings to debar the employer from 
        the receipt of new Federal contracts, grants, or cooperative 
        agreements for a period of up to two years. After consideration 
        of the views of agencies holding contracts, grants or 
        cooperative agreements with the employer, the Secretary may, in 
        lieu of proceedings to debar the employer from the receipt of 
        new Federal contracts, grants, or cooperative agreements for a 
        period of up to two years, waive operation of this subsection, 
        limit the duration or scope of the proposed debarment, or may 
        refer to an appropriate lead agency the decision of whether to 
        seek debarment of 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.
            ``(3) 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.
            ``(4) Inadvertent violations of recordkeeping or 
        verification requirements, in the absence of any other 
        violations of this section, shall not be a basis for 
        determining that an employer is a repeat violator for purposes 
        of this subsection.
                            ``(i) Miscellaneous provisions.--
            ``(1) Documentation.--In providing documentation or 
        endorsement of authorization of aliens (other than aliens 
        lawfully admitted for permanent residence) authorized to be 
        employed in the United States, the Secretary shall provide that 
        any limitations with respect to the period or type of 
        employment or employer shall be conspicuously stated on the 
        documentation or endorsement.
            ``(2) Preemption.--The provisions of this section preempt 
        any State or local law that requires the use of the EEVS in a 
        fashion that conflicts with Federal policies, procedures or 
        timetables, or that imposes 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.
    ``(j) Deposit of Amounts Received.--Except as otherwise specified, 
civil penalties collected under this section shall be deposited by the 
Secretary into the general fund of the Treasury.
    ``(k) No Match Notice.--
            ``(1) For the purpose of this subsection, a no match notice 
        is written notice from the Social Security Administration (SSA) 
        to an employer reporting earnings on a Form W-2 that employees' 
        names or corresponding social security account numbers fail to 
        match SSA records. The Secretary, in consultation with the 
        Commissioner of the Social Security Administration, is 
        authorized to establish by regulation requirements for 
        verifying the identity and work authorization of employees who 
        are the subject of no-match notices. The Secretary shall 
        establish by regulation a reasonable period during which an 
        employer must allow an employee who is subject to a no-match 
        notice to resolve the no match notice with no adverse 
        employment consequences to the employee. The Secretary may also 
        establish penalties for noncompliance by regulation.
    ``(l) Challenges to Validity.--
            ``(1) In general.--Any right, benefit, or claim not 
        otherwise waived or limited pursuant to 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--
                    ``(A) whether this section, or any regulation 
                issued to implement this section, violates the 
                Constitution of the United States; or
                    ``(B) whether such a regulation issued by or under 
                the authority of the Secretary to implement this 
                section, is contrary to applicable provisions of this 
                section or was issued in violation of title 5, chapter 
                5, United States Code.
            ``(2) Deadlines for bringing actions.--Any action 
        instituted under this paragraph must be filed no later than 90 
        days after the date the challenged section or regulation 
        described in clause (i) or (ii) of subparagraph (A) is first 
        implemented.
            ``(3) Class actions.--The court may not certify a class 
        under Rule 23 of the Federal Rules of Civil Procedure in any 
        action under this section.
            ``(4) Rule of construction.--In determining whether the 
        Secretary's interpretation regarding any provision of this 
        section is contrary to law, a court shall accord to such 
        interpretation the maximum deference permissible under the 
        Constitution.
            ``(5) No attorneys' fees.--Notwithstanding any other 
        provision of law, the court shall not award fees or other 
        expenses to any person or entity based upon any action relating 
        to this Title brought pursuant to this section (l).''

SEC. 303. EFFECTIVE DATE.

    This title shall become effective on the date of enactment.

SEC. 304. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION TO ASSIST IN 
              IMMIGRATION ENFORCEMENT.

    (a) 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 or other information which has been 
                disclosed or otherwise made available to the Social 
                Security Administration and upon written request by the 
                Secretary of Homeland Security (in this paragraph 
                referred to as the `Secretary'), the Commissioner of 
                Social Security shall disclose directly to officers, 
                employees, and contractors of the Department of 
                Homeland Security--
                            ``(i) the taxpayer identity information of 
                        each person who has filed an information return 
                        required by reason of section 6051 after 
                        calendar year 2005 and before the date 
                        specified in subparagraph (D) which contains--
                                    ``(I) 1 (or any greater number the 
                                Secretary shall request) taxpayer 
                                identifying number, name, and address 
                                of any employee (within the meaning of 
                                such section) that did not match the 
                                records maintained by the Commissioner 
                                of Social Security, or
                                    ``(II) 2 (or any greater number the 
                                Secretary shall request) names, and 
                                addresses of employees (within the 
                                meaning of such section), with the same 
                                taxpayer identifying number,
                            ``and the taxpayer identity of each such 
                        employee, and
                            ``(ii) the taxpayer identity of each person 
                        who has filed an information return required by 
                        reason of section 6051 after calendar year 2005 
                        and before the date specified in subparagraph 
                        (D) which contains the taxpayer identifying 
                        number (assigned under section 6109) of an 
                        employee (within the meaning of section 6051)--
                    ``(I) who is under the age of 14 (or any lesser age 
                the Secretary shall request), according to the records 
                maintained by the Commissioner of Social Security,
                    ``(II) whose date of death, according to the 
                records so maintained, occurred in a calendar year 
                preceding the calendar year for which the information 
                return was filed,
                    ``(III) whose taxpayer identifying number is 
                contained in more than one (or any greater number the 
                Secretary shall request) information return filed in 
                such calendar year, or
                    ``(IV) who is not authorized to work in the United 
                States, according to the records maintained by the 
                Commissioner of Social Security,
                            ``and the taxpayer identity and date of 
                        birth of each such employee.
                    ``(B) Reimbursement.--The Secretary shall transfer 
                to the Commissioner the funds necessary to cover the 
                additional cost directly incurred by the Commissioner 
                in carrying out the searches or manipulations requested 
                by the Secretary.''
                    (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 3 years 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)''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as are 
necessary to carry out the amendments made by this section.
    (c) Repeal of Reporting Requirements.--
            (1) Report on earnings of aliens not authorized to work.--
        Subsection (c) of section 290 of the Immigration and 
        Nationality Act (8 U.S.C. 1360) is repealed.
            (2) 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.
    (d) Effective Dates.--
            (1) In general.--The amendments made by subsection (a) 
        shall apply to disclosures made after the date of the enactment 
        of this Act.
            (2) Certifications.--The first certification under section 
        6103(p)(9)(D) of the Internal Revenue Code of 1986, as added by 
        subsection (a)(2), shall be made with respect to calendar year 
        2007.
            (3) Repeals.--The repeals made by subsection (c) shall take 
        effect on the date of the enactment of this Act.

SEC. 305. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.

    (a) Fraud-Resistant, Tamper-Resistant and Wear-Resistant Social 
Security Cards.--
            (1) Issuance.--
                    (A) Preliminary work.--Not later than 180 days 
                after the date of enactment of this title, the 
                Commissioner of Social Security shall begin work to 
                administer and issue fraud-resistant, tamper-resistant 
                Social Security cards.
                    (B) Completion.--Not later than two years after the 
                date of enactment of this title, the Commissioner of 
                Social Security shall only issue fraud-resistant, 
                tamper-resistant and wear-resistant Social Security 
                cards.
            (2) Amendment.--Section 205(c)(2)(G) of the Social Security 
        Act (42 U.S.C. 405(c)(2)(G)) is amended to read--
                            ``(i) The Commissioner of Social Security 
                        shall issue a social security card to each 
                        individual at the time of the issuance of a 
                        social security account number to such 
                        individual. The social security card shall be 
                        fraud-resistant, tamper-resistant and wear-
                        resistant.''
            (3) 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.
            (4) Report on feasibility of including biometrics.--Within 
        180 days of enactment, the Commissioner of Social Security 
        shall provide to Congress a report on the utility, costs and 
        feasibility of including a photograph and other biometric 
        information on the Social Security card.
    (b) Multiple Cards.--Section 205(c)(2)(G) of the Social Security 
Act (42 U.S.C. 405(c)(2)(G)) is further amended by adding at the end 
the following:
                            ``(ii) The Commissioner of Social Security 
                        shall not issue a replacement Social Security 
                        card to any individual unless the Commissioner 
                        determines that the purpose for requiring the 
                        issuance of the replacement document is 
                        legitimate.''

SEC. 306. INCREASING SECURITY AND INTEGRITY OF IDENTITY DOCUMENTS.

    (a) Purpose.--The Secretary of Homeland Security, shall establish 
the State Records Improvement Grant Program (referred to in this 
section as the ``Program''), under which the Secretary may award grants 
to States for the purpose of advancing the purposes of this Act and of 
issuing or implementing plans to issue driver's license and identity 
cards that can be used for purposes of verifying identity under this 
Title and that comply with the state license requirements in section 
202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 
U.S.C. 30301 note).
    (b) States that do not certify their intent to comply with the REAL 
ID Act and implementing regulations or that do not submit a compliance 
plan acceptable to the Secretary are not eligible for grants under the 
Program. Driver's license or identification cards issued by States that 
do not comply with REAL ID may not be used to verify identity under 
this Title except under conditions approved by the Secretary.
    (c) Grants and Contracts Authorized.--
            (1) In general.--The Secretary is authorized to award 
        grants, subject to the availability of appropriations, to a 
        State to provide assistance to such State agency to meet the 
        deadlines for the issuance of 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).
            (2) Duration.--Grants may be awarded under this subsection 
        during fiscal years 2007 through 2011.
            (3) Competitive basis.--The Secretary shall give priority 
        to States whose REAL ID implementation plan is compatible with 
        the employment verification systems, processes, and 
        implementation schedules set forth in Section 302, as 
        determined by the Secretary. Minimum standards for 
        compatibility will include the ability of the State to promptly 
        verify the document and provide access to the digital 
        photograph displayed on the document.
            (4) Where the Secretary of Homeland Security determines 
        that compliance with REAL ID and with the requirements of the 
        employment verification system can best be met by awarding 
        grants or contracts to a State, a group of States, a government 
        agency, or a private entity, the Secretary may utilize Program 
        funds to award such a grant, grants, contract or contracts.
            (5) On an expedited basis, the Secretary shall award grants 
        or contracts for the purpose of improving the accuracy and 
        electronic availability of states' records of births, deaths, 
        driver's licenses, and of other records necessary for 
        implementation of EEVS and as otherwise necessary to advance 
        the purposes of this Act.
    (d) Use of Funds.--Grants or contracts awarded pursuant to the 
Program may be used to assist State compliance with the REAL ID 
requirements, including, but not limited to--
            (1) upgrade and maintain technology;
            (2) obtain equipment;
            (3) hire additional personnel;
            (4) cover operational costs, including overtime; and
            (5) such other resources as are available to assist that 
        agency.
    (e) Application.--
            (1) In general.--Each eligible state 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.
    (f) Conditions.--All grants under the Program shall be conditioned 
on the recipient providing REAL ID compliance certification and 
implementation plans acceptable to the Secretary which include--
            (1) adopting appropriate security measures to protect 
        against improper issuance of driver's licenses and identity 
        cards, tampering with electronic issuance systems, and identity 
        theft as the Secretary may prescribe;
            (2) ensuring introduction and maintenance of such security 
        features and other measures necessary to make the documents 
        issued by recipient resistant to tampering, counterfeiting, and 
        fraudulent use as the Secretary may prescribe; and
            (3) ensuring implementation and maintenance of such 
        safeguards for the security of the information contained on 
        these documents as the Secretary may prescribe.
All grants shall also be conditioned on the recipient agreeing to 
adhere to the timetables and procedures for issuing REAL ID driver's 
licenses and identification cards as specified in section 
274A(c)(1)(F). All grants shall further be conditioned on the recipient 
agreeing to implement the requirements of this Act and any implementing 
regulations to the satisfaction of the Secretary of Homeland Security.
    (g) Authorization of Appropriations.--In General.--There is 
authorized to be appropriated $300,000,000 for each of fiscal years 
2007 through 2011 to carry out the provisions of this section.
    (h) 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.
    (i) Additional Uses.--Amounts authorized under this section may 
also be used to assist in sharing of law enforcement information 
between States and the Department of Homeland Security for purposes of 
implementing Section 602(c), at the discretion of the Secretary.

SEC. 307. VOLUNTARY ADVANCED VERIFICATION PROGRAM TO COMBAT IDENTITY 
              THEFT.

    (a) Voluntary Advanced Verification Program.--The Secretary shall 
establish and make available a voluntary program allowing employers to 
submit and verify an employee's fingerprints for purposes of 
determining the identity and work authorization of the employee.
            (1) Implementation date.--No later than 18 months after the 
        date of enactment of this Act, the Secretary shall implement 
        the voluntary advanced verification program and make it 
        available to employers willing to volunteer in the program.
            (2) Voluntary participation.--The fingerprint verification 
        program is voluntary; employers are not required to participate 
        in it.
    (b) Limited Retention Period for Fingerprints.--
            (1) The Secretary shall only maintain fingerprint records 
        of a U.S. Citizen that were submitted by an employer through 
        the EEVS for 10 business days, upon which such records shall be 
        purged from any EEVS-related system unless the fingerprints 
        have been ordered to be retained for purposes of a fraud or 
        similar investigation by a government agency with criminal or 
        other investigative authority.
            (2) Exception: For purposes of preventing identity theft or 
        other harm, a U.S. Citizen employee may request in writing that 
        his fingerprint records be retained for employee verification 
        purposes by the Secretary. In such instances of written 
        consent, the Secretary may retain such fingerprint records 
        until notified in writing by the U.S. Citizen of his withdrawal 
        of consent, at which time the Secretary must purge such 
        fingerprint records within 10 business days unless the 
        fingerprints have been ordered to be retained for purposes of a 
        fraud or similar investigation by a government agency with an 
        independent criminal or other investigative authority.
    (d) Limited Use of Fingerprints Submitted for Program.--The 
Secretary and the employer may use any fingerprints taken from the 
employee and transmitted for querying the EEVS solely for the purposes 
of verifying identity and employment eligibility during the employee 
verification process. Such transmitted fingerprints may not be used for 
any other purpose. This provision does not alter any other provisions 
regarding the use of non-fingerprint information in the EEVS.
    (e) Safeguarding of Fingerprint Information.--The Secretary, 
subject to specifications and limitations set forth under this section 
and other relevant provisions of this Act, shall be responsible for 
safely and securely maintaining and storing all fingerprints submitted 
under this program.

SEC. 308. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.

    Section 205(c)(12) of the Social Security Act, 42 U.S.C. 405(c)(2), 
is amended by adding at the end the following new subparagraphs:
                    ``(I) Responsibilities of the commissioner of 
                social security.--
                            ``(i) As part of the verification system, 
                        the Commissioner of Social Security shall, 
                        subject to the provisions of section 274A(d) of 
                        the Immigration and Nationality Act, establish 
                        a reliable, secure method that, operating 
                        through the EEVS and within the time periods 
                        specified in section 274A(d) of the Immigration 
                        and Nationality Act:
                                    ``(I) compares the name, social 
                                security account number and available 
                                citizenship information provided in an 
                                inquiry against such information 
                                maintained by the Commissioner in order 
                                to confirm (or not confirm) the 
                                validity of the information provided 
                                regarding an individual whose identity 
                                and employment eligibility must be 
                                confirmed;
                                    ``(II) the correspondence of the 
                                name, number, and any other identifying 
                                information;
                                    ``(III) whether the name and number 
                                belong to an individual who is 
                                deceased;
                                    ``(IV) whether an individual is a 
                                national of the United States (when 
                                available); and
                                    ``(V) whether the individual has 
                                presented a social security account 
                                number that is not valid for 
                                employment.
                        The EEVS shall not disclose or release social 
                        security information to employers through the 
                        confirmation system (other than such 
                        confirmation or nonconfirmation).
                            ``(ii) Social security administration 
                        database improvements.--For purposes of 
                        preventing identity theft, protecting 
                        employees, and reducing burden on employers, 
                        and notwithstanding section 6103 of title 26, 
                        United States Code, the Commissioner of Social 
                        Security, in consultation with the Secretary, 
                        shall review the Social Security Administration 
                        databases and information technology to 
                        identify any deficiencies and discrepancies 
                        related to name, birth date, citizenship 
                        status, or death records of the social security 
                        accounts and social security account holders 
                        likely to contribute to fraudulent use of 
                        documents, or identity theft, or to affect the 
                        proper functioning of the EEVS and shall 
                        correct any identified errors. The Commissioner 
                        shall ensure that a system for identifying and 
                        correcting such deficiencies and discrepancies 
                        is adopted to ensure the accuracy of the Social 
                        Security Administration's databases.
                            ``(iii) Notification to `freeze' use of 
                        social security number.--The Commissioner of 
                        Social Security, in consultation with the 
                        Secretary of Homeland Security, shall establish 
                        a secure process whereby an individual can 
                        request that the Commissioner preclude any 
                        confirmation under the EEVS based on that 
                        individual's Social Security number until it is 
                        reactivated by that individual.''.

SEC. 309. IMMIGRATION ENFORCEMENT SUPPORT BY THE INTERNAL REVENUE 
              SERVICE AND THE SOCIAL SECURITY ADMINISTRATION.

    (a) Tightening Requirements for the Provision of Social Security 
Numbers on Form W-2 Wage and Tax Statements.--Section 6724 of the 
Internal Revenue Code of 1986 (relating to waiver; definitions and 
special rules) is amended by adding at the end the following new 
subsection:
    ``(f) Special rules with respect to social security numbers on 
withholding exemption certificates.
    ``(l) Reasonable cause waiver not to apply.
Subsection (a) shall not apply with respect to the social security 
account number of an employee furnished under section 6051(a)(2).
            ``(2) Exception.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), [paragraph (1)] shall not apply in 
                any case in which the employer--
                            ``(i) receives confirmation that the 
                        discrepancy described in section 205(c)(2)(I) 
                        of the Social Security Act has been resolved, 
                        or
                            ``(ii) corrects a clerical error made by 
                        the employer with respect to the social 
                        security account number of an employee within 
                        60 days after notification under section 
                        205(c)(2)(1) of the Social Security Act that 
                        the social security account number contained in 
                        wage records provided to the Social Security 
                        Administration by the employer with respect to 
                        the employee does not match the social security 
                        account number of the employee contained in 
                        relevant records otherwise maintained by the 
                        Social Security Administration.
                    ``(B) Exception not applicable to frequent 
                offenders. Subparagraph (A) shall not apply--
                            ``(i) in any case in which not less than 50 
                        of the statements required to be made by an 
                        employer pursuant to section 6051 either fail 
                        to include an employee's social security 
                        account number or include an incorrect social 
                        security account number, or
                            ``(ii) with respect to any employer who has 
                        received written notification under section 
                        205(c)(2)(1) of the Social Security Act during 
                        each of the 3 preceding taxable years that the 
                        social security account numbers in the wage 
                        records provided to the Social Security 
                        Administration by such employer with respect to 
                        10 more employees do not match relevant records 
                        otherwise maintained by the Social Security 
                        Administration.''
    (b) Enforcement.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of the Treasury, in 
        consultation with the Secretary of Homeland Security, shall 
        establish a unit within the Criminal Investigation office of 
        the Internal Revenue Service to investigate violations of the 
        Internal Revenue Code of 1986 related to the employment of 
        individuals who are not authorized to work in the United 
        States.
            (2) Special agents; support staff.--The Secretary of the 
        Treasury shall assign to the unit a minimum of 10 full-time 
        special agents and necessary support staff and is authorized to 
        employ up to 200 full time special agents for this unit based 
        on investigative requirements and work load.
            (3) Reports.--During each of the first 5 calendar years 
        beginning after the establishment of such unit and biennially 
        thereafter, the unit shall transmit to Congress a report that 
        describes its activities and includes the number of 
        investigations and cases referred for prosecution.
    (c) Increase in Penalty on Employer Failing To File Correct 
Information Returns.--Section 6721 of such Code (relating to failure to 
file correct information returns) is amended as follows--
            (1) in subsection (a)(1)--
                    (A) by striking ``$50'' and inserting ``$200'', and
                    (B) by striking ``$250,000'' and inserting 
                ``$1,000,000'',
            (2) in subsection (b)(1)(A), by striking ``$15 in lieu of 
        $50'' and inserting ``$60 in lieu of $200'',
            (3) in subsection (b)(1)(B), by striking ``$75,000'' and 
        inserting ``$300,000'',
            (4) in subsection (b)(2)(A), by striking ``$30 in lieu of 
        $50'' and inserting ``$120 in lieu of $200'',
            (5) in subsection (b)(2)(B), by striking ``$150,000'' and 
        inserting ``$600,000'',
            (6) in subsection (d)(A) in paragraph (1)--
                    (A) by striking ```$100,000' for `$250,000''' and 
                inserting ```$400,000' for `$1,000,000''' in 
                subparagraph (A),
                    (B) by striking ```$25,000' for `$75,000''' and 
                inserting ```$100,000' for `$300,000''' in subparagraph 
                (B), and
                  (C) by striking ```$50,000' for `$150,000''' and 
                inserting ```$200,000' for `$600,000''' in subparagraph 
                (C),
                    (D) in paragraph (2)(A), by striking ``$5,000,000'' 
                and inserting ``$2,000,000'', and
                    (E) in the heading, by striking ``$5,000,000'' and 
                inserting ``$2,000,000'',
            (7) in subsection (e)(2)--
                    (A) by striking ``$100'' and inserting ``$400'',
                    (B) by striking ``$25,000'' and inserting 
                ``$100,000'' in subparagraph (C)(i), and
                    (C) by striking ``$100,000'' and inserting 
                ``$400,000'' in subparagraph (C)(ii), and
            (8) in subsection (e)(3)(A), by striking ``$250,000'' and 
        inserting ``$1,000,000''.
    (d) Effective Date.--The amendments made by subsections (b) and (c) 
shall apply to failures occurring after December 31, 2006.

SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

    (a) There are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary to carry out the 
provisions of this Act, and the amendments made by this Act, including 
the following appropriations:
            (1) In each of the five years beginning on the date of the 
        enactment of this Act, the appropriations necessary to increase 
        to a level not less than 4500 the number of personnel of the 
        Department of Homeland Security assigned exclusively or 
        principally to an office or offices dedicated to monitoring and 
        enforcing compliance with sections 274A and 274C of the 
        Immigration and Nationality Act (8 U.S.C. 1324a and 1324c), 
        including compliance with the requirements of the EEVS. These 
        personnel shall perform the following compliance and monitoring 
        activities:
                    (A) Verify Employment Identification Numbers of 
                employers participating in the EEVS.
                    (B) Verify compliance of employers participating in 
                the EEVS with the requirements for participation that 
                are prescribed by the Secretary.
                    (C) Monitor the EEVS for multiple uses of Social 
                Security Numbers and any immigration identification 
                numbers for evidence that could indicate identity theft 
                or fraud.
                    (D) Monitor the EEVS to identify discriminatory 
                practices.
                    (E) Monitor the EEVS to identify employers who are 
                not using the system properly, including employers who 
                fail to make appropriate records with respect to their 
                queries and any notices of confirmation, 
                nonconfirmation, or further action.
                    (F) Identify instances where employees allege that 
                an employer violated their privacy rights.
                    (G) Analyze and audit the use of the EEVS and the 
                data obtained through the EEVS to identify fraud 
                trends, including fraud trends across industries, 
                geographical areas, or employer size.
                    (H) Analyze and audit the use of the EEVS and the 
                data obtained through the EEVS to develop compliance 
                tools as necessary to respond to changing patterns of 
                fraud.
                    (I) Provide employers with additional training and 
                other information on the proper use of the EEVS.
                    (J) Perform threshold evaluation of cases for 
                referral to the U.S. Immigration and Customs 
                Enforcement and to liaise with the U.S. Immigration and 
                Customs Enforcement with respect to these referrals.
                    (K) Any other compliance and monitoring activities 
                that, in the Secretary's judgment, are necessary to 
                ensure the functioning of the EEVS.
                    (L) Investigate identity theft and fraud detected 
                through the EEVS and undertake the necessary 
                enforcement actions.
                    (M) Investigate use of fraudulent documents or 
                access to fraudulent documents through local 
                facilitation and undertake the necessary enforcement 
                actions.
                    (N) Provide support to the U.S. Citizenship and 
                Immigration Services with respect to the evaluation of 
                cases for referral to the U.S. Immigration and Customs 
                Enforcement.
                    (O) Perform any other investigations that, in the 
                Secretary's judgment, are necessary to ensure the 
                functioning of the EEVS, and undertake any enforcement 
                actions necessary as a result of these investigations.
            (2) The appropriations necessary to acquire, install and 
        maintain technological equipment necessary to support the 
        functioning of the EEVS and the connectivity between U.S. 
        Citizenship and Immigration Services and the U.S. Immigration 
        and Customs Enforcement with respect to the sharing of 
        information to support the EEVS and related immigration 
        enforcement actions.
    (b) There are authorized to be appropriated to Commissioner of 
Social Security such sums as may be necessary to carry out the 
provisions of this Act, including Section 308 of this Act.

                 TITLE IV--NEW TEMPORARY WORKER PROGRAM

   Subtitle A--Seasonal Non-Agricultural and Year-Round Nonimmigrant 
                           Temporary Workers

SEC. 401. NONIMMIGRANT TEMPORARY WORKER.

    (a) In General.--Section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) in subparagraph (H)--
                    (A) by striking subclause (ii)(b);
                    (B) by striking ``or (iii)'' and inserting 
                ``(iii)''; and
                    (C) by striking ``; and the alien spouse'' and 
                inserting ``; or (iv) the alien spouse'';
            (2) by striking ``or'' at the end of subparagraph (U);
            (3) by striking the period at the end of subparagraph (V) 
        and inserting a semi-colon; and
            (4) by inserting at the end the following new 
        subparagraphs.--
                    ``(W) [Reserved];
                    ``(X) [Reserved]; or
                    ``(Y) subject to section 218A, an alien having a 
                residence in a foreign country which the alien has no 
                intention of abandoning and who is coming temporarily 
                to the United States--
                            ``(i) to perform temporary labor or 
                        services other than the labor or services 
                        described in clause (i)(b), (i)(b1), (i)(c), or 
                        (iii) of subparagraph (H), subparagraph (D), 
                        (E), (I), (L), (O), (P), or (R), or section 
                        214(e) (if United States workers who are able, 
                        willing, and qualified to perform such labor or 
                        services cannot be found in the United States);
                            ``(ii) to perform seasonal non-agricultural 
                        labor or services; or
                            ``(iii) as the spouse or child of an alien 
                        described in clause (i) or (ii) of this 
                        subparagraph.''.
    (b) References.--All references in the immigration laws as amended 
by this Title to section 101(a)(15)(H)(ii)(b) of the Immigration and 
Nationality Act shall be considered a reference to both that section of 
the Act and to section 101(a)(15)(Y)(ii) of the Act.
    (c) Effective Date.--The effective date of the amendment made by 
subparagraph (1)(A) of subsection (a) shall be the date on which the 
Secretary of Homeland Security makes the certification described in 
section 1(a) of this Act.
    (d) Sunset of Y-1 Visa Program.--
            (1) Sunset.--Notwithstanding any other provision of this 
        Act, or any amendment made by this Act, no alien may be issued 
        a new visa as a Y-1 nonimmigrant (as defined in section 218B of 
        the Immigration and Nationality Act, as added by section 403) 
        on the date that is 5 years after the date that the first such 
        visa is issued.
            (2) Construction.--Nothing in paragraph (1) may be 
        construed to affect issuance of visas to Y-2B nonimmigrants (as 
        defined in such section 218B), under the AgJOBS Act of 2007, as 
        added by subtitle C, under the H-2A visa program, or any visa 
        program other than the Y-1 visa program.

SEC. 402. ADMISSION OF NONIMMIGRANT WORKERS.

    (a) New Workers.--Chapter 2 of title II of the Act (8 U.S.C. 1181 
et seq.) is amended by striking section 218 and inserting the 
following:

``SEC. 218A. ADMISSION OF Y NONIMMIGRANTS.

    ``(a) Application Procedures.--
            ``(1) Labor certification.--The Secretary of Labor shall 
        prescribe by regulation the procedures for a United States 
        employer to obtain a labor certification of a job opportunity 
        under the terms set forth in section 218B.
            ``(2) Petition.--The Secretary of Homeland Security shall 
        prescribe by regulation the procedures for a United States 
        employer to petition to the Secretary of Homeland Security for 
        authorization to employ an alien as a Y nonimmigrant worker and 
        the evidence required to demonstrate eligibility for such 
        authorization under the terms set forth in subsection (c).
            ``(3) Y nonimmigrant visa.--The Secretary of State and the 
        Secretary of Homeland Security, as appropriate, shall prescribe 
        by regulation the procedures for an alien to apply for a Y 
        nonimmigrant visa and the evidence required to demonstrate 
        eligibility for such visa under the terms set forth in 
        subsection (e).
            ``(4) Regulations.--The regulations referenced in 
        paragraphs (1), (2), and (3) shall describe, at a minimum--
                    ``(A) the procedures for collection and 
                verification of biometric data from an alien seeking a 
                Y nonimmigrant visa or admission in Y nonimmigrant 
                status; and
                    ``(B) the procedure and standards for validating an 
                employment arrangement between a United States employer 
                and an alien seeking a visa or admission described in 
                (A).
    ``(b) Application for Certification of a Job Opportunity Offered to 
Y Nonimmigrant Workers.--An employer desiring to employ a Y 
nonimmigrant worker shall, with respect to a specific opening that the 
employer seeks to fill with such a Y nonimmigrant, submit an 
application for labor certification of the job opportunity filed in 
accordance with the procedures established by section 218B.
    ``(c) Petition To Employ Y Nonimmigrant Workers.--
            ``(1) In general.--An employer that seeks authorization to 
        employ a Y nonimmigrant worker must file a petition with the 
        Secretary of Homeland Security. The petition must be 
        accompanied by--
                    ``(A) evidence that the employer has obtained a 
                certification under section 218B from the Secretary of 
                Labor for the position sought to be filled by a Y 
                nonimmigrant worker and that such certification remains 
                valid;
                    ``(B) evidence that the job offer was and remains 
                valid;
                    ``(C) the name and other biographical information 
                of the alien beneficiary and any accompanying spouse or 
                child; and
                    ``(D) any biometrics from the beneficiary that the 
                Secretary of Homeland Security may require by 
                regulation.
            ``(2) Timing of filing.--
                    ``(A) In general.--A petition under this subsection 
                must be filed with the Secretary of Homeland Security 
                within 180 days of the date of certification under 
                section 218B by the Secretary of Labor of the job 
                opportunity.
                    ``(B) Expiration of certification.--If a labor 
                certification is not filed in support of a petition 
                under this subsection with the Secretary of Homeland 
                Security within 180 days of the date of certification 
                by the Secretary of Labor, then the certification 
                expires and may not support a Y nonimmigrant petition 
                or be the basis for Y nonimmigrant visa issuance.
            ``(3) Ability to request documentation.--The Secretary of 
        Homeland Security may request information to verify the 
        attestations the employer made during the labor certification 
        process, and any other fact relevant to the adjudication of the 
        petition.
            ``(4) Adjudication of petition.--
                    ``(A) Post-adjudication action.--After review of 
                the petition, if the Secretary--
                            ``(i) is satisfied that the petition meets 
                        all of the requirements of paragraph (1), and 
                        any other requirements the Secretary has 
                        prescribed in regulations, he may approve the 
                        petition and by fax, cable, electronic, or any 
                        other means assuring expedited delivery--
                                    ``(I) transmit a copy of the notice 
                                of action on the petition to the 
                                petitioner; and
                                    ``(II) in the case of approved 
                                petitions, transmit notice of the 
                                approval to the Secretary of State;
                            ``(ii) finds that the employer is not 
                        eligible or that the petition is otherwise not 
                        approvable, the Secretary may--
                                    ``(I) deny the petition without 
                                seeking additional evidence and inform 
                                the petitioner--
                                            ``(aa) that the petition 
                                        was denied and the reason for 
                                        the denial;
                                            ``(bb) of any available 
                                        process for administrative 
                                        appeal of the decision; and
                                            ``(cc) that the denial is 
                                        without prejudice to the filing 
                                        of any subsequent petitions, 
                                        except as provided in section 
                                        218B(e)(4);
                                    ``(II) issue a request for 
                                documentation of the attestations or 
                                any other information or evidence that 
                                is material to the petition; or
                                    ``(III) audit, investigate or 
                                otherwise review the petition in such 
                                manner as he may determine and refer 
                                evidence of fraud to appropriate law 
                                enforcement agencies based on the audit 
                                information.
                    ``(B) Validity of approved petition.--An approved 
                petition shall have the same period of validity as the 
                certification described in subsection (c)(1)(A) and 
                expire on the same date that the certification expires, 
                except that the Secretary of Homeland Security may 
                terminate in his discretion an approved petition--
                            ``(i) when he determines that any material 
                        fact, including, but not limited to the 
                        proffered wage rate, the geographic location of 
                        employment, or the duties of the position, has 
                        changed in a way that would invalidate the 
                        recruitment actions; or
                            ``(ii) when he or the Secretary of Labor 
                        makes a finding of fraud or misrepresentation 
                        concerning the facts on the petition or any 
                        other representation made by the employer 
                        before the Secretary of Labor or Secretary of 
                        Homeland Security.
                    ``(C) Administrative review.--The Secretary of 
                Homeland Security shall authorize a single level of 
                administrative review with the United States 
                Citizenship and Immigration Services Administrative 
                Appeals Office of a petition denial or termination.
    ``(d) Authorization To Grant Y Nonimmigrant Visa.--
            ``(1) In general.--A consular officer may grant a single-
        entry temporary visa to a Y 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), (i)(b1), 
        (i)(c), or (iii) of section 101(a)(15)(H), subparagraph (D), 
        (E), (I), (L), (O), (P), or (R) of section 101(a)(15), or 
        section 214(e) (if United States workers who are able, willing, 
        and qualified to perform such labor or services cannot be found 
        in the United States).
            ``(2) Applicants from canada.--Notwithstanding any waivers 
        of the visa requirement under section 212(a)(7)(B)(i)(II), a 
        national of Canada seeking admission as a Y nonimmigrant will 
        be inadmissible if not in possession of--
                    ``(I) a valid Y nonimmigrant visa; or
                    ``(II) documentation of Y nonimmigrant status, as 
                described in subsection (m).
    ``(e) Requirements for Admission.--An alien shall be eligible for Y 
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 described in section 
        101(a)(15)(Y)(i) or (Y)(ii).
            ``(2) Evidence of employment offer.--The alien's evidence 
        of employment shall be provided in accordance with the 
        requirements issued by the Secretary of State, in consultation 
        with the Secretary of Labor. In carrying out this paragraph, 
        the Secretary may consider evidence from employers, employer 
        associations, and labor representatives.
            ``(3) Fees.--
                    ``(A) Processing fees.--An alien making an 
                application for a Y nonimmigrant visa shall be required 
                to pay, in addition to any fees charged by the 
                Department of State for processing and adjudicating 
                such visa application, a processing fee in an amount 
                sufficient to recover the full cost to the Secretary of 
                Homeland Security of administrative and other expenses 
                associated with processing the alien's participation in 
                the Y nonimmigrant program, including the costs of 
                production of documentation of evidence under 
                subsection (m).
                    ``(B) State impact fee.--Aliens making an 
                application for a Y-1 nonimmigrant visa shall pay a 
                state impact fee of $500 and an additional $250 for 
                each dependent accompanying or following to join the 
                alien, not to exceed $1,500 per family.
                    ``(C) Deposit and spending of fees.--The processing 
                fees under subparagraph (A) shall be deposited and 
                remain available until expended as provided by sections 
                286 (m) and (n).
                    ``(D) Deposit and disposition of state impact 
                assistance funds.--The funds described in subparagraph 
                (B) shall be deposited and remain available as provided 
                by section 286(x).
                    ``(E) Construction.--Nothing in this paragraph 
                shall be construed to affect consular procedures for 
                collection of machine-readable visa fees or reciprocal 
                fees for the issuance of the visa.
            ``(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 of State a completed application, which 
                contains evidence that the requirements under 
                paragraphs (1) and (2) have been met.
                    ``(B) Content.--In addition to any other 
                information that the Secretary requires to determine an 
                alien's eligibility for Y nonimmigrant status, the 
                Secretary of State shall require an alien to provide 
                information concerning the alien's--
                            ``(i) physical and mental health;
                            ``(ii) criminal history, including all 
                        arrests and dispositions, 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.
            ``(6) Must not be ineligible.--The alien must not fall 
        within a class of aliens ineligible for Y nonimmigrant status 
        listed under subsection (h).
            ``(7) Must not be inadmissible.--The alien must not be 
        inadmissible as a nonimmigrant to the United States under 
        section 212, except as provided in subsection (f).
            ``(8) Spouse or child of y nonimmigrant.--An alien seeking 
        admission as a derivative Y-3 nonimmigrant must demonstrate, in 
        addition to satisfaction of the requirements of paragraphs (2) 
        through (6)--
                    ``(A) that the annual wage of the principal Y 
                nonimmigrant paid by the principal nonimmigrant's U.S. 
                employer, combined with the annual wage of the 
                principal Y nonimmigrant's spouse where the Y-3 
                nonimmigrant is a child and the Y nonimmigrant's spouse 
                is a member of the principal Y nonimmigrant's 
                household, is equal to or greater than 150 percent of 
                the U.S. poverty level for a household size equal in 
                size to that of the principal alien (including all 
                dependents, family members supported by the principal 
                alien, and the spouse or child seeking to accompany or 
                join the principal alien), as determined by the 
                Secretary of Health and Human Services for the fiscal 
                year in which the spouse or child's application for a 
                nonimmigrant visa is filed; and
                    ``(B) that the alien's cost of medical care is 
                covered by medical insurance, valid in the United 
                States, carried by the principal Y nonimmigrant alien, 
                the principal Y nonimmigrant's spouse (where the Y-3 
                nonimmigrant is a child), or the principal Y 
                nonimmigrant alien's employer.
    ``(f) Grounds of Inadmissibility.--
            ``(1) Waived grounds of inadmissibility.--In determining an 
        alien's admissibility as a Y nonimmigrant, such alien shall be 
        found to be inadmissible if the alien would be subject to the 
        grounds of inadmissibility under section 601(d)(2).
            ``(2) Waiver.--The Secretary may in his discretion waive 
        the application of any provision of section 212(a) of the Act 
        not listed in paragraph (2) on behalf of an individual alien 
        for humanitarian purposes, to ensure family unity, or if such 
        waiver is otherwise in the public interest.
            ``(3) Construction.--Nothing in this subsection shall be 
        construed as affecting the authority of the Secretary other 
        than under this paragraph to waive the provisions of section 
        212(a).
    ``(g) Background Checks.--The Secretary of Homeland Security shall 
not admit, and the Secretary of State shall not issue a visa to, an 
alien seeking Y nonimmigrant visa or status unless all appropriate 
background checks have been completed to the satisfaction of the 
Secretaries of State and Homeland Security.
    ``(h) Grounds of Ineligibility.--
            ``(1) In general.--An alien is ineligible for a Y 
        nonimmigrant visa or Y nonimmigrant status if the alien is 
        described in section 601(d)(1)(A), (D), (E), (F), or (G) of the 
        [insert title of Act].
            ``(2) Ineligibility of derivative y-3 nonimmigrants.--An 
        alien is ineligible for Y-3 nonimmigrant status if the 
        principal Y nonimmigrant is ineligible under paragraph (1).
            ``(3) Applicability to grounds of inadmissibility.--Nothing 
        in this subsection shall be construed to limit the 
        applicability of any ground of inadmissibility under section 
        212.
    ``(i) Period of Authorized Admission.--
            ``(1) In general.--Aliens admitted to the United States as 
        Y nonimmigrants shall be granted the following periods of 
        admission:
                    ``(A) Y-1 nonimmigrants.--Except as provided in 
                (2), aliens granted admission as Y-1 nonimmigrants 
                shall be granted an authorized period of admission of 
                two years. Subject to paragraph (4), such two-year 
                period of admission may be extended for two additional 
                two-year periods.
                    ``(B) Y-2b nonimmigrants.--Aliens granted admission 
                as Y-2B nonimmigrants shall be granted an authorized 
                period of admission of 10 months.
            ``(2) Y-1 nonimmigrants with y-3 dependents.--A Y-1 
        nonimmigrant who has accompanying or following-to-join 
        derivative family members in Y-3 nonimmigrant status shall be 
        limited to two two-year periods of admission. If the family 
        members accompany the Y-1 nonimmigrant during the alien's first 
        period of admission the family members may not accompany or 
        join the Y-1 nonimmigrant during the alien's second period of 
        admission. If the Y-1 nonimmigrant's family members accompany 
        or follow to join the Y-1 nonimmigrant during the alien's 
        second period of admission, but not his first period of 
        admission, then the Y-1 nonimmigrant shall not be granted any 
        additional periods of admission in Y nonimmigrant status. The 
        period of authorized admission of a Y-3 nonimmigrant shall 
        expire on the same date as the period of authorized admission 
        of the principal Y-1 nonimmigrant worker.
            ``(3) Supplementary periods.--Each period of authorized 
        admission described in paragraph (1) shall be 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 worksite 
        and, except where such period of authorized admission has been 
        terminated under subsection (j), 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 the maximum 
                applicable period of admission under paragraph (1).
            ``(4) Extensions of the period of admission.--
                    ``(A) In general.--The periods of authorized 
                admission described in paragraph (1) may not, except as 
                provided in subparagraph (C)(2) of paragraph (1), be 
                extended beyond the maximum period of admission set 
                forth in that paragraph.
                    ``(B) Extension of y-1 nonimmigrant status.--A Y-1 
                nonimmigrant described in paragraph (1)(A) who has 
                spent 24 months in the United States in Y-1 
                nonimmigrant status may not seek extension or be 
                readmitted to the United States as a Y-1 nonimmigrant 
                unless the alien has resided and been physically 
                present outside the United States for the immediate 
                prior 12 months.
            ``(5) Limitation on admission.--
                    ``(A) Y-1 nonimmigrants.--An alien who has been 
                admitted to the United States in Y-1 nonimmigrant 
                status for a period of two years under paragraph 
                (1)(B), or as the Y-3 nonimmigrant spouse or child of 
                such a Y-1 nonimmigrant, may not be readmitted to the 
                United States as a Y-1 or Y-3 nonimmigrant after 
                expiration of such period of authorized admission, 
                regardless of whether the alien was employed or present 
                in the United States for all or a part of such period.
                    ``(B) Y-2b nonimmigrants.--An alien who has been 
                admitted to the United States in Y-2B nonimmigrant 
                status may not, after expiration of the alien's period 
                of authorized admission, be readmitted to the United 
                States as a Y nonimmigrant after expiration of the 
                alien's period of authorized admission, regardless of 
                whether the alien was employed or present in the United 
                States for all or only a part of such period, unless 
                the alien has resided and been physically present 
                outside the United States for the immediately preceding 
                two months.
                    ``(C) Readmission with new employment.--Nothing in 
                this paragraph shall be construed to prevent a Y 
                nonimmigrant, whose period of authorized admission has 
                not yet expired or been terminated under subsection 
                (j), and who leaves the United States in a timely 
                fashion after completion of the employment described in 
                the petition of the Y nonimmigrant's most recent 
                employer, from reentering the United States as a Y 
                nonimmigrant to work for a new employer, if the alien 
                and the new employer have complied with all applicable 
                requirements of this section and section 218B.
            ``(6) International commuters.--An alien who maintains 
        actual residence and place of abode outside the United States 
        and commutes, on days the alien is working, into the United 
        States to work as a Y-1 nonimmigrant, shall be granted an 
        authorized period of admission of three years. The limitations 
        described in paragraphs (3) and (4) shall not apply to 
        commuters described in this paragraph.
    ``(j) Termination.--
            ``(1) In general.--The period of authorized admission of a 
        Y nonimmigrant shall terminate immediately if:
                    ``(A) the Secretary of Homeland Security determines 
                that the alien was not eligible for such Y nonimmigrant 
                status at the time of visa application or admission;
                    ``(B)(i) the alien commits an act that makes the 
                alien removable from the United States under section 
                237;
                    ``(ii) the alien becomes inadmissible under section 
                212 (except as provided in subsection (f)); or
                    ``(iii) the alien becomes ineligible under 
                subsection (h);
                    ``(C) the alien uses the documentation of his or 
                her Y nonimmigrant status issued under subsection (m) 
                for unlawful or fraudulent purposes;
                    ``(D) subject to paragraph (2), the alien is 
                unemployed within the United States for--
                            ``(i) 60 or more consecutive days;
                            ``(ii) in the case of a Y-1 nonimmigrant, 
                        an aggregate period of 120 days, provided that 
                        the alien's 14-day period to lawfully depart 
                        the United States shall not be considered to 
                        begin until the date that the alien has been 
                        provided notice of the termination; or
                            ``(iii) in the case of a Y-2B nonimmigrant, 
                        an aggregate period of 30 days, provided that 
                        the alien's 14-day period to lawfully depart 
                        the United States shall not be considered to 
                        begin until the date that the alien has been 
                        provided notice of the termination; or;
                    ``(E) the alien is a Y-3 nonimmigrant whose spouse 
                or parent in Y-1 nonimmigrant status is an alien 
                described in subparagraphs (A), (B), (C), or (D).
            ``(2) Exception.--The period of authorized admission of a Y 
        nonimmigrant shall not terminate for unemployment under 
        subparagraph (1)(D) if the alien submits documentation to the 
        Secretary of Homeland Security that establishes that such 
        unemployment was caused by--
                    ``(A) 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;
                    ``(B) a period of vacation, medical leave, 
                maternity leave, or similar leave from employment 
                authorized by employer policy, State law, or Federal 
                law; or
                    ``(C) any other period of temporary unemployment 
                that is the direct result of a force majeure event.
            ``(3) Return to foreign residence.--Any alien whose period 
        of authorized admission terminates under paragraph (1) shall be 
        required to leave the United States immediately and register 
        such departure at a designated port of departure in a manner to 
        be prescribed by the Secretary.
            ``(4) Invalidation of documentation.--Any documentation 
        that is issued by the Secretary of Homeland Security under 
        subsection (m) to any alien, whose period of authorized 
        admission terminates under paragraph (1), shall automatically 
        be rendered invalid for any purpose except departure.
    ``(k) Visits Outside the United States.--
            ``(A) In general.--Under regulations established by the 
        Secretary of Homeland Security, a Y nonimmigrant--
                    ``(i) may travel outside of the United States; and
                    ``(ii) may be readmitted for a period not more than 
                the remaining time left until the alien accrues the 
                maximum period of admission set forth in subsection 
                (i), and without having to obtain a new visa if:
                            ``(A) the period of authorized admission 
                        has not expired or been terminated;
                            ``(B) the alien is the bearer of valid 
                        documentary evidence of Y nonimmigrant status 
                        that satisfies the conditions set forth in 
                        subsection (m); and
                            ``(C) the alien is not subject to the bars 
                        on extension or admission described in 
                        subsection (l).
            ``(B) Effect on period of authorized admission.--Time spent 
        outside the United States under subparagraph (A) shall not 
        extend the most recent period of authorized admission in the 
        United States.
    ``(l) Bars to Extension or Admission.--An alien may not be granted 
Y nonimmigrant status if--
            ``(1) 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;
            ``(2) the alien is inadmissible as a nonimmigrant, except 
        for those grounds previously waived under subsection (f); or
            ``(3) the granting of such status would allow the alien to 
        exceed limitations on stay in the United States in Y status 
        described in subsection (i).
    ``(m) Evidence of Nonimmigrant Status.--Each Y nonimmigrant shall 
be issued documentary evidence of nonimmigrant status, which--
            ``(1) shall be machine-readable, tamper-resistant, and 
        shall contain a digitized photograph and other biometric 
        identifiers that can be authenticated;
            ``(2) shall, during the alien's authorized period of 
        admission under subsection (i), 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;
            ``(3) 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
            ``(4) shall be issued to the Y nonimmigrant by the 
        Secretary of Homeland Security promptly after such alien's 
        admission to the United States as a Y nonimmigrant and 
        reporting to the employer's worksite under subsection (q) or, 
        at the discretion of the Secretary of Homeland Security, may be 
        issued by the Secretary of State at a consulate instead of a 
        visa.
    ``(n) Permanent Bars for Overstays.--
            ``(1) In general.--Any Y nonimmigrant who remains beyond 
        his or her initial authorized period of admission is 
        permanently barred from any future benefits under the 
        immigration laws, except--
                    ``(A) asylum under section 208(a);
                    ``(B) withholding of removal under section 
                241(b)(3); or
                    ``(C) protection under the Convention Against 
                Torture and Other Cruel, Inhuman or Degrading Treatment 
                or Punishment, done at New York December 10, 1984.
            ``(2) Exception.--Overstay of the authorized period of 
        admission may be excused in the discretion of the Secretary 
        where it is demonstrated that:
                    ``(A) the period of overstay was due to 
                extraordinary circumstances beyond the control of the 
                applicant, and the Secretary finds the period 
                commensurate with the circumstances; and
                    ``(B) the alien has not otherwise violated his Y 
                nonimmigrant status.
    ``(o) Penalty for Illegal Entry or Overstay.--
            ``(1) Illegal entry.--Any alien who after the date of the 
        enactment of this section, unlawfully enters, attempts to 
        enter, or crosses the border, and is physically present in the 
        United States after such date in violation of the immigration 
        laws, is barred permanently from any future benefits under the 
        immigration laws, except as provided in paragraph (3) or (4).
            ``(2) Overstay.--Any alien, other than a Y nonimmigrant, 
        who, after the date of the enactment of this section remains 
        unlawfully in the United States beyond the period of authorized 
        admission, is barred for a period of ten years from any future 
        benefits under the immigration laws, except as provided in 
        paragraph (3) or (4).
            ``(3) Relief.--Notwithstanding the bar in paragraph (1) or 
        (2), an alien may apply for--
                    ``(A) asylum under section 208(a);
                    ``(B) withholding of removal under section 
                241(b)(3); or
                    ``(C) protection under the Convention Against 
                Torture and Other Cruel, Inhuman or Degrading Treatment 
                or Punishment, done at New York December 10, 1984.
            ``(4) Exception.--Overstay of the authorized period of 
        admission may be excused in the discretion of the Secretary 
        where it is demonstrated that:
                    ``(A) the period of overstay was due to 
                extraordinary circumstances beyond the control of the 
                applicant, and the Secretary finds the period 
                commensurate with the circumstances; and
                    ``(B) the alien has not otherwise violated his 
                nonimmigrant status.
    ``(p) Portability.--A Y nonimmigrant worker, who was previously 
issued a visa or otherwise provided Y nonimmigrant status, may accept a 
new offer of employment with a subsequent employer, if--
            ``(1) the position being offered the Y nonimmigrant has 
        been certified by the Secretary of Labor under section 218B and 
        the employer complies with all requirements of this section and 
        section 218B;
            ``(2) the alien, after lawful admission to the United 
        States, did not work without authorization; and
            ``(3) the subsequent employer has notified the Secretary of 
        Homeland Security under subsection (q) of the Y nonimmigrant's 
        change of employment.
    ``(q) Reporting of Start and Termination of Employment.--
            ``(1) Start of y worker employment.--A Y nonimmigrant shall 
        report in the manner prescribed by the Secretary of Homeland 
        Security to the employer whose job offer was the basis for 
        issuance of the alien's Y nonimmigrant visa within 7 days of 
        admission into the United States.
            ``(2) Employer notification requirement.--An employer shall 
        within three days make notification in the manner prescribed by 
        the Secretary of Homeland Security, of the following events:
                    ``(A) a Y nonimmigrant worker has reported for work 
                pursuant to paragraph (1) after admission in Y 
                nonimmigrant status;
                    ``(B) a Y nonimmigrant worker has changed jobs 
                under subsection (r) and started employment with the 
                employer;
                    ``(C) the employment of a Y nonimmigrant worker has 
                terminated; or
                    ``(D) a Y nonimmigrant worker on whose behalf the 
                employer has filed a petition under this subsection 
                that has been approved by the Secretary of Homeland 
                Security has failed to report for work within three 
                days of the employment start date agreed upon between 
                the employer and the Y nonimmigrant.
            ``(3) Verification.--An employer shall provide upon request 
        of the Secretary of Homeland Security verification that an 
        alien who has been granted admission as a Y nonimmigrant worker 
        was or continues to be employed by the employer.
            ``(4) Fine.--Any employer that fails to comply with the 
        notification requirements of this subsection shall pay to the 
        Secretary of Homeland Security a fine, in an amount and under 
        procedures established by the Secretary in regulation.
    ``(r) No Threatening of Employees.--It shall be a violation of this 
section for an employer who has filed a petition under this section to 
threaten the alien beneficiary of such petition with the withdrawal of 
such a petition in retaliation for the beneficiary's exercise of a 
right protected by section 218B.
    ``(s) Change of Status.--
            ``(1) In general.--
                    ``(A) A Y nonimmigrant may apply to change status 
                to another nonimmigrant status, subject to section 248 
                and if otherwise eligible.
                    ``(B) No alien admitted to the United States under 
                the immigration laws in a classification other than Y 
                nonimmigrant status may change status to Y nonimmigrant 
                status.
                    ``(C) An alien in Y nonimmigrant status may not 
                change status to any other Y nonimmigrant status.
            ``(2) Construction.--Nothing in this subsection shall be 
        construed to prevent an alien who is precluded from changing 
        status to a particular Y nonimmigrant classification under 
        subparagraphs (1)(B), (C), or (D) from leaving the United 
        States and applying at a U.S. consulate for the desired 
        nonimmigrant visa, subject to all applicable eligibility 
        requirements, in the appropriate Y classification.
    ``(t) Visitation of Y Nonimmigrant by Spouse or Child Without a Y-3 
Nonimmigrant Visa.--Nothing in this section shall be construed to 
prohibit the spouse or child of a Y nonimmigrant worker to be admitted 
to the United States under any other existing legal basis for which the 
spouse or child may qualify.
    ``(u) Change of Address.--A Y nonimmigrant shall comply with the 
change of address reporting requirements under section 265 through 
electronic or paper notification.''
    (b) Conforming Amendment Regarding Creation of Treasury Accounts.--
Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is 
amended by inserting at the end the following new subsections--
    ``(w) Temporary Worker Program Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Temporary Worker Program Account'. Notwithstanding any other 
        section of this Act, there shall be deposited into the account 
        all fines and civil penalties collected under sections 218A, 
        218B, or 218F and Title VI of [name of Act], except as 
        specifically provided otherwise in such sections.
            ``(2) Use of funds.--Amounts deposited into the Temporary 
        Worker Program Account shall remain available until expended as 
        follows:
                    ``(A) for the administration of the Standing 
                Commission on Immigration and Labor Markets, 
                established under section 409 of the [Insert title of 
                Act]; and
                    ``(B) after amounts needed by the Standing 
                Commission on Immigration and Labor Markets have been 
                expended, for the Secretaries of Labor and Homeland 
                Security, as follows:
                            ``(i) one-third to the Secretary of Labor 
                        to carry out the Secretary of Labor's functions 
                        and responsibilities, including enforcement of 
                        labor standards under sections 218A, 218B, and 
                        218F, and under applicable labor laws including 
                        the Fair Labor Standards Act of 1938 (29 U.S.C. 
                        201 et seq.) and the Occupational Safety and 
                        Health Act of 1970 (29 U.S.C. 651 et seq.). 
                        Such activities shall include random audits of 
                        employers that participate in the Y visa 
                        program; and
                            ``(ii) two-thirds to the Secretary of 
                        Homeland Security to improve immigration 
                        services and enforcement.
    ``(x) State Impact Assistance Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `State Impact Assistant 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 sections 218A(e)(3)(B) and 
        section 601(e)(6)(C) of the [Insert title of Act].
            ``(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 subsection 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.''.
    ``(c) Clerical Amendment.--The table of contents 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 Y nonimmigrants.''.

SEC. 403. GENERAL Y NONIMMIGRANT EMPLOYER OBLIGATIONS.

    (a) In General.--Title II (8 U.S.C. 1201 et seq.) is amended by 
inserting after section 218A of the Immigration and Nationality Act, as 
added by section 402, the following:

``SEC. 218B. GENERAL Y NONIMMIGRANT EMPLOYER OBLIGATIONS.

    ``(a) General Requirements.--Each employer who seeks to employ a Y 
nonimmigrant shall--
            ``(1) file in accordance with subsection (b) an application 
        for labor certification of the position that the employer seeks 
        to fill with a Y nonimmigrant that contains--
                    ``(A) the attestation described in subsection (c);
                    ``(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) include with the application filed under paragraph 
        (1) 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; and
            ``(3) be required to pay, with respect to an application to 
        employ a Y-1 worker--
                    ``(A) an application processing fee for each alien, 
                in an amount sufficient to recover the full cost to the 
                Secretary of Labor of administrative and other expenses 
                associated with adjudicating the application; and
                    ``(B) a secondary fee, to be deposited in the 
                Treasury in accordance with section 286(x), of--
                            ``(i) $500, in the case of an employer 
                        employing 25 employees or less;
                            ``(ii) $750, in the case of an employer 
                        employing between 26 and 150 employees;
                            ``(iii) $1,000, in the case of an employer 
                        employing between 151 and 500 employees; or
                            ``(iv) $1,250, in the case of an employer 
                        employing more than 500 employees;
                ``provided that an employer who provides a Y 
                nonimmigrant health insurance coverage shall not be 
                required to pay the impact fee.
    ``(b) Required Procedure.--Each employer of Y nonimmigrants shall 
comply with the following requirements:
            ``(1) Efforts to recruit united states workers.--The 
        employer involved shall recruit United States workers for the 
        position for which labor certification is sought under this 
        section, by--
                    ``(A) Not later than 90 days before the date on 
                which an application is filed under subsection (a)(1) 
                submitting 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 
                designated state agency and--
                            ``(i) authorizing the designated state 
                        agency to post the job opportunity on the 
                        Internet website established under section 414 
                        of [Title of bill], with local job banks, and 
                        with unemployment agencies and other labor 
                        referral and recruitment sources pertinent to 
                        the job involved; and
                            ``(ii) authorizing the designated state 
                        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;
                    ``(B) posting 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 for a period of time beginning not 
                later than 90 days before the date on which an 
                application is filed under subsection (a)(1) and ending 
                no earlier than 14 days before such filing date;
                    ``(C) advertising the availability of the job 
                opportunity for which the employer is seeking a worker 
                in one of the three highest circulation publications in 
                the labor market that is likely to be patronized by a 
                potential worker for not fewer than 10 consecutive days 
                during the period of time beginning not later than 90 
                days before the date on which an application is filed 
                under subsection (a)(1) and ending no earlier than 14 
                days before such filing date; and
                    ``(D) advertising the availability of the job 
                opportunity in professional, trade, or ethnic 
                publications that are likely to be patronized by a 
                potential worker, as recommended by the designated 
                state agency. The employer shall not be required to 
                advertise in more than three such recommended 
                publications.
            ``(2) Efforts to employ united states workers.--An employer 
        that seeks to employ a Y nonimmigrant shall first offer the job 
        with, at a minimum, the same wages, benefits, and working 
        conditions, to any eligible United States worker who applies, 
        is qualified for the job and is available at the time of need.
            ``(3) Definition.--For purposes of this subsection, 
        `designated state agency' shall mean the state agency 
        designated to perform the functions in this subsection in the 
        area of employment in the State in which the employer is 
        located.
    ``(c) Application.--An application under this section for labor 
certification of a position that an employer seeks to fill with a Y 
nonimmigrant shall be filed with the Secretary of Labor and shall 
include an attestation by the employer of the following:
            ``(1) with respect to an application for labor 
        certification of a position that an employer seeks to fill with 
        a Y-1 or Y-2B nonimmigrant--
                    ``(A) Protection of united states workers.--The 
                employment of a Y nonimmigrant--
                            ``(i) will not adversely affect the wages 
                        and working conditions of workers in the United 
                        States similarly employed; and
                            ``(ii) 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.
                    ``(B) Wages.--
                            ``(i) In general.--The Y nonimmigrant 
                        worker 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 competitive 
                                wage level for the occupational 
                                classification in the area of 
                                employment, taking into account 
                                experience and skill levels of 
                                employees.
                            ``(ii) 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.
                            ``(iii) Prevailing competitive wage 
                        level.--For purposes of subclause (i)(II), the 
                        prevailing competitive wage level shall be 
                        determined as follows:
                                    ``(I) If the job opportunity is 
                                covered by a collective bargaining 
                                agreement between a union and the 
                                employer, the prevailing competitive 
                                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 on a project 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 competitive wage 
                                level shall be the appropriate 
                                statutory wage.
                                    ``(III)(aa) If the job opportunity 
                                is not covered by such an agreement and 
                                it is not on a project 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 competitive 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 
                                competitive wage level on data from 
                                another wage survey approved by the 
                                state workforce agency under 
                                regulations promulgated by the 
                                Secretary of Labor.
                                    ``(bb) Such regulations shall 
                                require, among other things, that such 
                                surveys are statistically valid and 
                                recently conducted.
                    ``(D) 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 Y nonimmigrant will be employed. If such 
                strike, lockout, or work stoppage occurs following 
                submission of the application, the employer will 
                provide notification in accordance with regulations 
                promulgated by the Secretary of Labor.
                    ``(E) Provision of insurance.--If the position for 
                which the Y nonimmigrant is sought is not covered by 
                the State workers' compensation law, the employer will 
                provide, at no cost to the Y 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.
                    ``(F) Notice to employees.--
                            ``(i) In general.--The employer has 
                        provided notice of the filing of the 
                        application to the bargaining representative of 
                        the employer's employees in the occupational 
                        classification and area of employment for which 
                        the Y nonimmigrant is sought.
                            ``(ii) No bargaining representative.--If 
                        there is no such bargaining representative, the 
                        employer has--
                                    ``(I) posted a notice of the filing 
                                of the application in a conspicuous 
                                location at the place or places of 
                                employment for which the Y nonimmigrant 
                                is sought; or
                                    ``(II) electronically disseminated 
                                such a notice to the employer's 
                                employees in the occupational 
                                classification for which the Y 
                                nonimmigrant is sought.
                    ``(G) Recruitment.--That--
                            ``(i) 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 described in the 
                        application; and
                            ``(ii) 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 application was filed with 
                                the Department of Labor and ending on 
                                the date that is 14 days before such 
                                filing date; and
                                    ``(II) the wages that the employer 
                                would be required by law to provide for 
                                the Y nonimmigrant were used in 
                                conducting recruitment.
                    ``(H) Ineligibility.--The employer is not currently 
                ineligible from using the Y nonimmigrant program 
                described in this section.
                    ``(I) Bona fide offer of employment.--The job for 
                which the Y nonimmigrant is sought is a bona fide job--
                            ``(i) for which the employer needs labor or 
                        services;
                            ``(ii) which has been and is clearly open 
                        to any United States worker; and
                            ``(iii) for which the employer will be able 
                        to place the Y nonimmigrant on the payroll.
                    (J) Public availability and records retention.--A 
                copy of each application filed under this section and 
                documentation supporting each attestation, in 
                accordance with regulations promulgated by the 
                Secretary of Labor, will--
                            ``(i) be provided to every Y nonimmigrant 
                        employed under the petition;
                            ``(ii) be made available for public 
                        examination at the employer's place of business 
                        or work site;
                            ``(iii) be made available to the Secretary 
                        of Labor during any audit; and
                            ``(iv) remain available for examination for 
                        5 years after the date on which the application 
                        is filed.
                    ``(K) Notification upon separation from or transfer 
                of employment.--The employer will notify the Secretary 
                of Labor and the Secretary of Homeland Security of a Y 
                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 section 218A(q)(2).
                    ``(L) Actual need for labor or services.--The 
                application was filed not more than 60 days before the 
                date on which the employer needed labor or services for 
                which the Y nonimmigrant is sought.
    ``(d) Audit of Attestations.--
            ``(1) Referrals by secretary of homeland security.--The 
        Secretary of Homeland Security shall refer all petitions 
        approved under section 218A 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.--In addition to any other applicable 
        penalties under law, the Secretary of Labor and the Secretary 
        of Homeland Security shall not, for the period described in 
        paragraph (2), approve an employer's petition or application 
        for a labor certification 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 application required 
                under subsection (a), including 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;
                    ``(C) has been convicted of any of the offenses 
                codified in Chapter 77 of Title 18 of the United States 
                Code (slave labor) or any conspiracy to commit such 
                offenses, or any human trafficking offense under state 
                or territorial law;
                    ``(D) has, within three years prior to the date of 
                application:
                            ``(i) committed any hazardous occupation 
                        orders violation resulting in injury or death 
                        under the child labor provisions contained in 
                        section 12 of the Fair Labor Standards Act and 
                        any regulation thereunder;
                            ``(ii) been assessed a civil money penalty 
                        for any repeated or willful violation of the 
                        minimum wage provisions of section 6 of the 
                        Fair Labor Standards Act; or
                            ``(iii) been assessed a civil money penalty 
                        for any repeated or willful violation of the 
                        overtime provisions of section 7 of the Fair 
                        Labor Standards Act or any regulations 
                        thereunder, other than a repeated violation 
                        that is self-reported; or
                    ``(E) has, within three years prior to the date of 
                application, received a citation for:
                            ``(i) a willful violation; or
                            ``(ii) repeated serious violations 
                        involving injury or death of section 5 of the 
                        Occupational Safety and Health Act, or any 
                        standard, rule, or order promulgated pursuant 
                        to section 6 of the Occupational Safety and 
                        Health Act, or any regulations prescribed 
                        pursuant to that. This subsection shall also 
                        apply to equivalent violations of a plan 
                        approved under section 18 of the Occupational 
                        Safety and Health Act.
            ``(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. However, an employer who has been convicted of any of 
        the offenses codified in Chapter 77 of Title 18 of the United 
        States Code (slave labor) or any conspiracy to commit such 
        offenses, or any human trafficking offense under state or 
        territorial law shall be permanently ineligible to participate 
        in the labor certification programs.
            ``(3) Employers in high unemployment areas.--The Secretary 
        of Labor may not approve any employer's application under 
        subsection (b) if the work to be performed by the Y 
        nonimmigrant is not agriculture based and is located in a 
        county where the unemployment rate during the most recently 
        completed year is more than 7 percent. An employer in a high 
        unemployment area may petition the Secretary for a waiver of 
        this provision. The Secretary shall promulgate regulations for 
        the expeditious review of such waivers, which shall specify 
        that the employer must satisfy the requirements of section (b) 
        above and in addition must provide documentation of its 
        recruitment efforts, including proof that it has advertised the 
        position in one of the three publications that have the highest 
        circulation in the labor market that is likely to be patronized 
        by a potential worker for not fewer than 20 consecutive days 
        under the rules and conditions set forth in section (b). An 
        employer who has provided proof of advertising in accordance 
        with this section shall be deemed to be in compliance with the 
        requirements of subsection (b)(1)(D) of this section. The 
        Secretary shall provide for a process to promptly respond to 
        all waiver requests, and shall maintain on the Department of 
        Labor's website an annual list of counties to which this 
        subsection applies.
            ``(4) Ineligibility for petitions.--The Secretary of Labor 
        shall inform the Secretary of Homeland Security of a 
        determination under paragraph (1) with respect to a specific 
        employer. The Secretary of Homeland Security shall not, for the 
        period described in paragraph (2), approve the petitions or 
        applications of any such employer for any immigrant or 
        nonimmigrant program, regardless of whether such application or 
        petition requires a labor certification.
    ``(f) Prohibition of Independent Contractors.--
            ``(1) Coverage.--Notwithstanding any other provision of 
        law--
                    ``(A) a Y nonimmigrant is prohibited from being 
                treated as an independent contractor under any federal 
                or state law;
                    ``(B) no person, including an employer or labor 
                contractor and any persons who are affiliated with or 
                contract with an employer or labor contractor, may 
                treat a Y nonimmigrant as an independent contractor; 
                and
                    ``(C) this provision shall not be construed to 
                prevent employers who operate as independent 
                contractors from employing Y nonimmigrants as 
                employees.
            ``(2) Applicability of laws.--A Y 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 
        Y nonimmigrant, an employer shall comply with all applicable 
        Federal, State, and local tax and revenue laws.
    ``(g) Whistleblower Protection.--
            ``(1) Prohibited activities.--It shall be unlawful for an 
        employer or a labor contractor of a Y 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--
                    ``(A) discloses information to the employer or any 
                other person that the employee or former employee 
                reasonably believes demonstrates a violation of this 
                Act or [title of bill]; or
                    ``(B) cooperates or seeks to cooperate in an 
                investigation or other proceeding concerning compliance 
                with the requirements of this Act or [title of bill].
            ``(2) Rulemaking.--The Secretary of Labor shall promulgate 
        regulations that establish a process by which a nonimmigrant 
        alien described in section 101(a)(15)(Y) or 101(a)(15)(H) who 
        files a nonfrivolous complaint (as defined by the Federal Rules 
        of Civil Procedure) regarding a violation of this Act, [title 
        of bill] or any other Federal labor or employment law, or any 
        other rule or regulation pertaining to such laws and is 
        otherwise eligible to remain and work in the United States 
        prior to the expiration of the maximum period of stay 
        authorized for that nonimmigrant classification for a period of 
        120 consecutive days or such additional time period as the 
        Secretary shall determine through rulemaking is necessary to 
        collect information or take evidence from the nonimmigrant 
        alien regarding a complaint or agency investigation. This 
        period shall be allowed to exceed the maximum period of stay 
        authorized for that nonimmigrant classification if the 
        Secretary of Labor has designated the nonimmigrant alien as a 
        necessary witness.
    ``(h) Labor Recruiters.--With respect to the employment of Y 
nonimmigrant workers--
            ``(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 and of the Trafficking Victims Protection Act of 
                2000, P.L. 106-486, 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 materially 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 and reasonable, 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 related to the requirements of this section 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 year, 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 (j) and 
                (k). If a foreign labor contractor who is an agent of 
                an employer violates any provision of this subsection 
                when acting within the scope of its agency, the 
                employer shall be subject to remedies under subsections 
                (j) and (k). An employer shall not be subject to 
                remedies for violations committed by a foreign labor 
                contractor when such contractor is acting in direct 
                contravention of an express, written contractual 
                provision contained in the agreement between the 
                employer and the foreign labor contractor. An employer 
                that violates a provision of this subsection relating 
                to employer obligations shall be subject to remedies 
                under subsections (j) and (k).
                    ``(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) Waiver of Rights Prohibited.--A Y nonimmigrant may not be 
required to waive any rights or protections under this Act. Nothing 
under this subsection shall be construed to affect the interpretation 
of other laws.
    ``(j) Enforcement.--With respect to violations of the provisions of 
this section relating to the employment of Y nonimmigrant workers--
            ``(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 basis.--The Secretary of Labor shall 
        conduct an investigation under this subsection if there is 
        reasonable basis 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 
                basis under paragraph (3), 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 person or organization an 
                opportunity for a hearing under subparagraph (A), the 
                Secretary shall notify the aggrieved person or 
                organization of such determination and the aggrieved 
                person or organization may seek a hearing on the 
                complaint under procedures established by the Secretary 
                which comply with the requirements of 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) Attorney's fees.--A complainant who prevails in an 
        action under this section with respect to a claim related to 
        wages or compensation for employment, or a claim for a 
        violation of subsection (j), shall be entitled to an award of 
        reasonable attorney's 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 (k); 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.
    ``(k) Penalties.--With respect to violations of the provisions of 
this section relating to the employment of Y-1 or Y-2B nonimmigrants--
            ``(1) In general.--If, after notice and an opportunity for 
        a hearing, the Secretary of Labor finds a violation of this 
        section, 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 subsections (b) through 
                (g)--
                            ``(i) a fine in an amount not more than 
                        $2,000 per violation per affected worker and 
                        $4,000 per violation per affected worker for 
                        each subsequent violation;
                            ``(ii) if the violation was willful, a fine 
                        in an amount not more than $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 more 
                        than $25,000 per violation per affected worker; 
                        and
                    ``(B) for a violation of subsection (h)--
                            ``(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.
                    ``(C) for knowingly or recklessly failing to comply 
                with the terms of representations made in petitions, 
                applications, certifications, or attestations under any 
                immigrant or nonimmigrant program, or with 
                representations made in materials required by section 
                (h) (concerning labor recruiters)--
            ``(1) a fine in an amount not more than $4,000 per affected 
        worker; and
            ``(2) upon the occasion of a third offense of failure to 
        comply with representations, a fine in an amount not to exceed 
        $5,000 per affected worker and designation as an ineligible 
        employer, recruiter, or broker for purposes of any immigrant or 
        nonimmigrant program.
            ``(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.
    ``(l) Definitions.--Unless otherwise provided, in this section and 
section 218A:
            ``(1) Aggrieved person.--The 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 authorized by a worker 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 Y 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) Convention against torture.--The term `Convention 
        Against Torture' shall refer to the United Nations Convention 
        Against Torture and Other Cruel, Inhuman or Degrading Treatment 
        or Punishment, subject to any reservations, understandings, 
        declarations, and provisos contained in the United States 
        Senate resolution of ratification of the Convention, as 
        implemented by section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (Public Law 105-277, 112 Stat. 2681, 
        2681-821).
            ``(4) Derivative y nonimmigrant.--The term `derivative' Y 
        nonimmigrant means an alien described at paragraph (Y)(iii) of 
        subsection 101(a)(15).
            ``(5) Eligible; eligible individual.--The term `eligible', 
        when used with respect to an individual, or `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.
            ``(6) 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).
            ``(7) Felony.--The term `felony', with regard to a 
        conviction in a foreign jurisdiction, means a crime for which a 
        sentence of one year or longer in prison may be imposed.
            ``(8) Force majeure event.--The term `force majeure event' 
        shall mean an event that is beyond the control of either party, 
        including, without limitation, hurricanes, earthquakes, act of 
        terrorism, war, fire, civil disorder or other events of a 
        similar or different kind.
            ``(9) 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.
            ``(10) 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).
            ``(11) Full time.--The term `full time', with respect to a 
        job in agricultural labor or services, means any job in which 
        the individual is employed 5.75 or more hours per day; and for 
        any job, means in any period of authorized admission or portion 
        of such period, employment or study for at least 90 percent of 
        the total number of work-hours in such period, calculated at a 
        rate of 1,575 work-hours per year (1,438 work-hours per year 
        for agricultural employment). Each credit-hour of study shall 
        be counted as the equivalent of 50 work-hours.
            ``(12) Job opportunity.--The term `job opportunity' means a 
        job opening for temporary or seasonal full-time employment at a 
        place in the United States to which United States workers can 
        be referred.
                    ``(B) Statutory construction.--Nothing in this 
                paragraph is intended to limit an employee's rights 
                under a collective bargaining agreement or other 
                employment contract.
            ``(14) Misdemeanor.--The term `misdemeanor', with regard to 
        a conviction in a foreign jurisdiction, means a crime for which 
        a sentence of no more than 364 days in prison may be imposed.
            ``(15) Regulatory drought.--The term `regulatory drought' 
        means a decision subsequent to the filing of the application 
        under section 218B 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.
            ``(16) 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.
            ``(17) Secretary.--Except as otherwise provided, the term 
        `Secretary' means the Secretary of Homeland Security.
            ``(18) 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.
            ``(19) 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.'.
            ``(20) Y nonimmigrant; y nonimmigrant worker.--
                    ``(A) The term `Y nonimmigrant' means an alien 
                admitted to the United States under paragraph (Y)(i) or 
                (Y)(ii) of subsection 101(a)(15), or the spouse or 
                child of such nonimmigrant in derivative status under 
                (Y)(iii); and
                    ``(B) The term `Y nonimmigrant worker' means an 
                alien admitted to the United States under paragraph 
                (Y)(i) or (Y)(ii) of subsection 101(a)(15).
            ``(21) Y-1 nonimmigrant; y-1 worker.--The term `Y-1 
        nonimmigrant' or `Y-1 worker' means an alien admitted to the 
        United States under paragraph (i) of subsection 101(a)(15)(Y).
            ``(23) Y-2B nonimmigrant; y-2b worker.--The term `Y-2B 
        nonimmigrant' or `Y-2B worker' means an alien admitted to the 
        United States under paragraph (ii) of subsection 101(a)(15)(Y).
            ``(24) Y-3 nonimmigrant.--The term `Y-3 nonimmigrant' means 
        an alien admitted to the United States under paragraph (iii) of 
        subsection 101(a)(15)(Y).''.
    ``(b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 218A, as added by section 
402, the following:

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

    Subtitle B--Seasonal Agricultural Nonimmigrant Temporary Workers

SEC. 404. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

    (a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended inserting the following after section 
218B:

``SEC. 218C. 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 has applied for 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 for an H-2A worker 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 has 
                applied for an H-2A worker.
                    ``(E) Requirements for placement of the 
                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 worksites 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 workforce 
                                agency which serves the area of 
                                intended employment and authorize the 
                                posting of the job opportunity on its 
                                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 H-2A 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 H-2A 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.
                            ``(v) United states worker.--For purpose of 
                        this subparagraph, the term ``United States 
                        worker'' means an alien described in section 
                        218G(14) except an alien admitted or otherwise 
                        provided status under section 101(a)(15)(Z).
    ``(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, 218F, and 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 worksite, 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 subsection (a). 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.''

``SEC. 218D. 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 218C(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 218C(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.--If 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 set 
                        out in 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 in agricultural 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 
                worksite.--The employer shall provide transportation 
                between the worker's living quarters and the employer's 
                worksite 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 218C(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 2007 and continuing for 3 
                years thereafter, no adverse effect wage rate for a 
                State may be more than the adverse effect wage rate for 
                that State in effect on January 1, 2003, as established 
                by section 655.107 of title 20, Code of Federal 
                Regulations.
                    ``(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 \3/4\ 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, 2009, 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 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; 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) Four representatives of 
                                agricultural employers and 1 
                                representative of the Department of 
                                Agriculture, each appointed by the 
                                Secretary of Agriculture.
                                    ``(II) Four 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) The Commission may for the purpose 
                        of carrying out this section, hold such 
                        hearings, sit and act at such times and places, 
                        take such testimony, and receive such evidence 
                        as the Commission considers appropriate.
                            ``(v) Interim report.--The Commission shall 
                        issue an interim report, published in the 
                        Federal Register, with opportunity and comment, 
                        for a period of at least 90 days.
                            ``(vi) Final report.--After considering 
                        recommendations from interested persons 
                        (including an opportunity for comment from the 
                        public and affected States), the Commission 
                        shall submit a report to the Congress setting 
                        forth the findings of the study conducted under 
                        clause (iii) not later than December 31, 2009.
                            ``(vii) 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 \3/4\ 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 `\3/4\ 
                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 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 218C(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 218C, or section 218E 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.
    ``(f) Evidence of Nonimmigrant Status.--Each H-2A nonimmigrant 
shall be issued documentary evidence of nonimmigrant status, which--
            ``(1) shall be machine-readable, tamper-resistant, and 
        shall contain a digitized photograph and other biometric 
        identifiers that can be authenticated;
            ``(2) shall, during the alien's authorized period of 
        admission as an H-2A nonimmigrant, 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; or
                    ``(B) in conjunction with a valid passport, if the 
                alien is applying for admission at an air or sea port 
                of entry;
            ``(3) 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
            ``(4) shall be issued to the H-2A nonimmigrant by the 
        Secretary promptly after such alien's admission to the United 
        States as an H-2A nonimmigrant and reporting to the employer's 
        worksite under or, at the discretion of the Secretary, may be 
        issued by the Secretary of State at a consulate instead of a 
        visa.

``SEC. 218E. 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 218C(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 218C, and section 218D, 
        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 218C(e)(2)(B), not to 
        exceed 10 months except as specified in paragraph (2), 
        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 worksite 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 
                218C(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 the 
        alien's 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 to a date that is more than 10 months 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 an individual's stay in status.--
                    ``(A) Maximum period.--The maximum continuous 
                period of authorized status as an H-2A worker 
                (including any extensions), other than a worker 
                admitted pursuant to subsection (d)(2), is 10 months.
                    ``(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 Dairy Workers.--
Notwithstanding any provision of this Act, an alien admitted under 
section 101(a)(15)(H)(ii)(a) for employment as a dairy worker--
            ``(1) may be admitted for a period of up to 3 years;
            ``(2) may not be extended beyond 3 years; and
            ``(3) shall not be subject to the requirements of 
        subsection (h)(4).

``SEC. 218F. 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 218C(b), or an 
                employer's misrepresentation of material facts in an 
                application under section 218C(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 (G). 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 218C(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 
                218C(b), or a material misrepresentation of fact in an 
                application under section 218C(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 218C(b), a 
                willful misrepresentation of a material fact in an 
                application under section 218C(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 218C(b) or a willful 
                misrepresentation of a material fact in an application 
                under section 218C(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 218C(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 
                218C(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 218D(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 218D(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 218C or 218D.
    ``(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 218D(b)(1).
            ``(2) The reimbursement of transportation as required under 
        section 218D(b)(2).
            ``(3) The payment of wages required under section 
        218D(b)(3) when due.
            ``(4) The benefits and material terms and conditions of 
        employment expressly provided in the job offer described in 
        section 218C(a)(2), not including the assurance to comply with 
        other Federal, State, and local labor laws described in section 
        218D(c), compliance with which shall be governed by the 
        provisions of such laws.
            ``(5) The guarantee of employment required under section 
        218D(b)(4).
            ``(6) The motor vehicle safety requirements under section 
        218D(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 
                nonbinding 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 over 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.
                    ``(C) In determining the amount of damages to be 
                awarded under subparagraph (A), the court is authorized 
                to consider whether an attempt was made to resolve the 
                issues in dispute before the resort to litigation.
            ``(7) Workers' compensation benefits.--
                    ``(A) Exclusive remedy.--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) Relationship to other relief.--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.
                    ``(C) Considerations.--In determining the amount of 
                damages to be awarded under subparagraph (A), a court 
                may consider whether an attempt was made to resolve the 
                issues in dispute prior to resorting to litigation.
            ``(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 218C(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 218C or 218D or any rule or regulation 
        pertaining to section 218C or 218D, 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 218C or 218D 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 218C(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 
        218C and 218D, 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. 218G. DEFINITIONS.

    ``For purposes of this section and section 218C, 218D, 218E, and 
218F:
            ``(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 or the 
        performance of agricultural labor or services described in 
        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 or seasonal full-time employment at a 
        place in the United States to which United States workers can 
        be referred.
            ``(9) Laying off.--
                    ``(A) In general.--The term `laying 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 218D(b)(4)(D)), or 
                        temporary suspension of employment 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 
                        218C(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 218C 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.--
                    ``(A) In general.--The term `seasonal', with 
                respect to the performance of labor, means that the 
                labor--
                            ``(i) ordinarily pertains to or is of the 
                        kind exclusively performed at certain seasons 
                        or periods of the year; and
                            ``(ii) because of the nature of the labor, 
                        cannot be continuous or carried on throughout 
                        the year.
                    ``(B) Exception.--Labor performed on a dairy farm 
                shall be considered to be seasonal labor.
            ``(12) Secretary.--Except as otherwise provided, 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 national of the United 
        States, an alien lawfully admitted for permanent residence, 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 of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the 
item relating to section 218 and inserting the following:

``Sec.218C.H-2A employer applications.
``Sec.218D.H-2A employment requirements.
``Sec.218E.Procedure for admission and extension of stay of H-2A 
                            workers.
``Sec.218F.Worker protections and labor standards enforcement.
``Sec.218G.Definitions.''.
    (c) Conforming Amendment.--Section 101(a)(15)(H)(ii)(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is 
amended by inserting ``or work on a dairy farm,'' after ``seasonal 
nature,''.

SEC. 405. 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 
pursuant to the amendment made by section 404(a) of this Act and a 
collection process for such fees from employers. Such fees shall be the 
only fees chargeable to employers for services provided under such 
amendment.
    (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 218C of 
        the Immigration and Nationality Act, as amended by section 404 
        of this Act, and sufficient to provide for the direct costs of 
        providing services related to an employer's authorization to 
        employ aliens pursuant to the amendment made by section 404(a) 
        of this Act, 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 fees pursuant to the 
amendment made by section 404(a) of this Act 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 218C and 218E 
of the Immigration and Nationality Act, as amended and added, 
respectively, by section 404 of this Act, and the provisions of this 
Act.

SEC. 406. REGULATIONS.

    (a) Requirement for the Secretary To Consult.--The Secretary shall 
consult with the Secretary of Labor and the Secretary of Agriculture 
during the promulgation of all regulations to implement the duties of 
the Secretary under this Act and the amendments made by this Act.
    (b) Requirement for the Secretary of State To Consult.--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 Act and the amendments 
made by this Act.
    (c) Requirement for the Secretary of Labor To Consult.--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 Act and the amendments made by this Act.
    (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 218C, 218D, 218E, 218F, and 
218G of the Immigration and Nationality Act, as amended or added by 
section 404 of this Act, shall take effect on the effective date of 
section 404 and shall be issued not later than 1 year after the date of 
enactment of this Act, or the date such regulations are promulgated, 
whichever is sooner.

SEC. 407. REPORTS TO CONGRESS.

    (a) Annual Report.--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, disaggregated by State and by occupation;
            (2) the number of such aliens reported to have abandoned 
        employment pursuant to subsection 218E(e)(2) of such Act;
            (3) the number of such aliens who departed the United 
        States within the period specified in subsection 218E(d) of 
        such Act;
            (4) the number of aliens who applied for adjustment of 
        status pursuant to section 623;
            (5) the number of such aliens whose status was adjusted 
        under section 623;
            (6) the number of aliens who applied for permanent 
        residence pursuant to section 214A(j) of the Immigration and 
        Nationality Act, as amended by 623(b); and
            (7) the number of such aliens who were approved for 
        permanent residence pursuant to section 214A(j) of the 
        Immigration and Nationality Act, as amended by 623(b).
    (b) Implementation Report.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall prepare and submit to 
Congress a report that describes the measures being taken and the 
progress made in implementing this Act.

SEC. 408. EFFECTIVE DATE.

    Except as otherwise provided, sections 404 and 405 shall take 
effect 1 year after the date of the enactment of this Act, or the date 
such regulations are promulgated, whichever is sooner.

SEC. 409. NUMERICAL LIMITATIONS.

    Section 214(g) of the Act (8 U.S.C. 1184(g)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(beginning with fiscal year 
                1992)'';
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) under section 101(a)(15)(Y)(i), may not 
                exceed 200,000 for each fiscal year; or
                    ``(C) under section 101(a)(15)(Y)(iii), may not 
                exceed twenty percent of the annual limit on admissions 
                of aliens under section 101(a)(15)(Y)(i) for that 
                fiscal year; or
                    ``(D) under section 101(a)(15)(Y)(ii)(II), may not 
                exceed--
                            ``(i) 100,000 for the first fiscal year in 
                        which the program is implemented;
                            ``(ii) in any subsequent fiscal year, 
                        subject to clause (iii), the number for the 
                        previous fiscal year as adjusted in accordance 
                        with the method set forth in paragraph (2); and
                            ``(iii) 200,000 for any fiscal year.'';
            and
            (2) by renumbering paragraph (2) as paragraph (3), and 
        renumbering all subsequent paragraphs accordingly, and 
        inserting the following as paragraph (2):
            ``(2) Market-based adjustment.--With respect to the 
        numerical limitation set in subparagraph (A)(ii) or (D)(ii) of 
        paragraph (1)--
                    ``(A) if the total number of visas allocated for 
                that fiscal year are allotted within the first half of 
                that fiscal year, then an additional 15 percent of the 
                allocated number shall be made available immediately 
                and the allocated amount for the following fiscal year 
                shall increase by 15 percent of the original allocated 
                amount in the prior fiscal year;
                    ``(B) if the total number of visas allocated for 
                that fiscal year are allotted within the second half of 
                that fiscal year, then the allocated amount for the 
                following fiscal year shall increase by 10 percent of 
                the original allocated amount in the prior fiscal year; 
                and
                    ``(C) with the exception of the first subsequent 
                fiscal year to the fiscal year in which the program is 
                implemented, if fewer visas were allotted the previous 
                fiscal year than the number of visas allocated for that 
                year and the reason was not due to processing delays or 
                delays in promulgating regulations, then the allocated 
                amount for the following fiscal year shall decrease by 
                10 percent of the allocated amount in the prior fiscal 
                year.''
            (3) in paragraph (9)(A) by striking ``an alien who has 
        already been counted toward the numerical limitation of 
        paragraph (1)(B) during fiscal year 2004, 2005, or 2006 shall 
        not again be counted toward such limitation during fiscal year 
        2007.'' and inserting ``an alien who has been present in the 
        United States as an H-2B nonimmigrant during any 1 of 3 fiscal 
        years immediately preceding the fiscal year of the approved 
        start date of a petition for a nonimmigrant worker described in 
        section 101(a)(15)(H)(ii)(b) shall not be counted toward such 
        limitation for the fiscal year in which the petition is 
        approved. Such alien shall be considered a returning worker.''

SEC. 410. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

    (a) In General.--The Secretary of State, in cooperation with the 
Secretary and the Attorney General, may, as a condition of authorizing 
the grant of nonimmigrant visas for Y nonimmigrants who are citizens or 
nationals of any foreign country, negotiate with each such country to 
enter into a bilateral agreement with the United States that conforms 
to the requirements under subsection (b).
    (b) Requirements of Bilateral Agreements.--It is the sense of 
Congress that 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;
            (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; and
            (6) agree to such other terms as the Secretary of State 
        considers appropriate and necessary.

SEC. 411. COMPLIANCE INVESTIGATORS.

    (a) The Secretary of Labor, subject to the availability of 
appropriations for such purpose, shall increase, by not less than 200 
per year for each of the five fiscal years after the date of enactment 
of [name of bill], the number of positions for compliance investigators 
and attorneys dedicated to the enforcement of labor standards, 
including those contained in sections 218A, 218B, and 218C, the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) in 
geographic and occupational areas in which a high percentage of workers 
are Y nonimmigrants.

SEC. 412. STANDING COMMISSION ON IMMIGRATION AND LABOR MARKETS.

    (a) Establishment of Commission.--
            (1) In general.--There is established an independent 
        Federal agency within the Executive Branch to be known as the 
        Standing Commission on Immigration and Labor Markets (referred 
        to in this section as the ``Commission'').
            (2) Purposes.--The purposes of the Commission are--
                    (A) to study nonimmigrant programs and the 
                numerical limits imposed by law on admission of 
                nonimmigrants;
                    (B) to study the numerical limits imposed by law on 
                immigrant visas;
                    (C) to study the allocation of immigrant visas 
                through the merit-based system;
                    (D) to make recommendations to the President and 
                Congress with respect to such programs.
            (3) Membership.--The Commission shall be composed of--
                    (A) 6 voting members--
                            (i) who shall be appointed by the 
                        President, with the advice and consent of the 
                        Senate, not later than 6 months after the 
                        establishment of the Y Nonimmigrant Worker 
                        Program;
                            (ii) who shall serve for 3-year staggered 
                        terms, which can be extended for 1 additional 
                        3-year term;
                            (iii) who shall select a Chair from among 
                        the voting members to serve a 2-year term, 
                        which can be extended for 1 additional 2-year 
                        term;
                            (iv) who shall have expertise in economics, 
                        demography, labor, business, or immigration or 
                        other pertinent qualifications or experience;
                            (v) who may not be an employee of the 
                        Federal Government or of any State or local 
                        government; and
                            (vi) not more than 3 of whom may be members 
                        of the same political party.
                    (B) 7 ex-officio members, including--
                            (i) the Secretary;
                            (ii) the Secretary of State;
                            (iii) the Attorney General;
                            (iv) the Secretary of Labor;
                            (v) the Secretary of Commerce;
                            (vi) the Secretary of Health and Human 
                        Services; and
                            (vii) the Secretary of Agriculture.
            (4) Vacancies.--Any vacancy in the Commission shall be 
        filled in the same manner as the original appointment.
            (5) Meetings.--
                    (A) Initial meeting.--The Commission shall meet and 
                begin carrying out the duties described in subsection 
                (b) as soon as practicable.
                    (B) Subsequent meetings.--After its initial 
                meeting, the Commission shall meet at least once per 
                quarter upon the call of the Chair or a majority of its 
                members.
                    (C) Quorum.--Four voting members of the Commission 
                shall constitute a quorum.
    (b) Duties of the Commission.--The Commission shall--
            (1) examine and analyze--
                    (A) the development and implementation of the 
                programs;
                    (B) the criteria for the admission of nonimmigrant 
                workers;
                    (C) the formula for determining the annual 
                numerical limitations of nonimmigrant workers;
                    (D) the impact of nonimmigrant workers on 
                immigration;
                    (E) the impact of nonimmigrant workers on the 
                economy, unemployment rate, wages, workforce, and 
                businesses of the United States;
                    (F) the numerical limits imposed by law on 
                immigrant visas and its effect on the economy, 
                unemployment rate, wages, workforce, and businesses of 
                the United States;
                    (G) the allocation of immigrant visas through the 
                evaluation system established by title V of this Act; 
                and
                    (H) any other matters regarding the programs that 
                the Commission considers appropriate;
            (2) not later than 18 months after the date of enactment, 
        and every year thereafter, submit a report to the President and 
        Congress that--
                    (A) contains the findings of the analysis conducted 
                under paragraph (1);
                    (B) makes recommendations regarding the necessary 
                adjustments to the programs studied to meet the labor 
                market needs of the United States; and
                    (C) makes other recommendations regarding the 
                programs, including legislative or administrative 
                action, that the Commission determines to be in the 
                national interest.
    (c) Information and Assistance From Federal Agencies.--
            (1) Information.--The head of any Federal department or 
        agency that receives a request from the Commission for 
        information, including suggestions, estimates, and statistics, 
        as the Commission considers necessary to carry out the 
        provisions of this section, shall furnish such information to 
        the Commission, to the extent allowed by law.
            (2) Assistance.--
                    (A) General services administration.--The 
                Administrator of General Services shall, on a 
                reimbursable basis, provide the Commission with 
                administrative support and other services for the 
                performance of the Commission's functions.
                    (B) Other federal agencies.--The departments and 
                agencies of the United States may provide the 
                Commission with such services, funds, facilities, 
                staff, and other support services as the heads of such 
                departments and agencies determine advisable and 
                authorized by law.
    (d) Personnel Matters.--
            (1) Staff.--
                    (A) Appointment and compensation.--The Chair, in 
                accordance with rules agreed upon by the Commission, 
                may appoint and fix the compensation of a staff 
                director and such other personnel as may be necessary 
                to enable the Commission to carry out its functions.
                    (B) Federal employees.--
                            (i) In general.--Except as provided under 
                        clause (ii), the executive director and any 
                        personnel of the Commission who are employees 
                        shall be considered to be employees under 
                        section 2105 of title 5, United States Code, 
                        for purposes of chapters 63, 81, 83, 84, 85, 
                        87, 89, and 90 of such title.
                            (ii) Commission members.--Clause (i) shall 
                        not apply to members of the Commission.
            (2) Detailees.--Any employee of the Federal Government may 
        be detailed to the Commission without reimbursement from the 
        Commission. Such detailee shall retain the rights, status, and 
        privileges of his or her regular employment without 
        interruption.
            (3) Consultant services.--The Commission may procure the 
        services of experts and consultants in accordance with section 
        3109 of title 5, United States Code, at rates not to exceed the 
        daily rate paid a person occupying a position at level IV of 
        the Executive Schedule under section 5315 of such title 5.
    (e) Compensation and Travel Expenses.--
            (1) Compensation.--Each voting member of the Commission may 
        be compensated at a rate not to exceed the daily equivalent of 
        the annual rate of basic pay in effect for a position at level 
        IV of the Executive Schedule under section 5315 of title 5, 
        United States Code, for each day during which that member is 
        engaged in the actual performance of the duties of the 
        Commission.
            (2) Travel expenses.--Members of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, under section 5703(b) of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
    (f) Funding.--Fees and fines deposited into the Temporary Worker 
Program Account under section 286(w) of the Immigration and Nationality 
Act, as added by section 402 of [name of the Act], may be used by the 
Commission to carry out its duties under this section.

SEC. 412. AGENCY REPRESENTATION AND COORDINATION.

    Section 274A(e) (8 U.S.C. 1324a(e)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking the comma at 
                the end and inserting a semicolon;
                    (B) in subparagraph (B), by striking ``, and'' and 
                inserting a semicolon;
                    (C) in subparagraph (C), by striking ``paragraph 
                (2).'' and inserting ``paragraph (1); and''; and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) United States Immigration and Customs 
                Enforcement officials may not misrepresent to employees 
                or employers that they are a member of any agency or 
                organization that provides domestic violence services, 
                enforces health and safety law, provides health care 
                services, or any other services intended to protect 
                life and safety.''.

SEC. 413. BILATERAL EFFORTS WITH MEXICO TO REDUCE MIGRATION PRESSURES 
              AND COSTS.

    (a) Findings.--Congress makes the following findings:
            (1) Migration from Mexico to the United States is directly 
        linked to the degree of economic opportunity and the standard 
        of living in Mexico.
            (2) Mexico comprises a prime source of migration to the 
        United States.
            (3) Remittances from Mexican citizens working in the United 
        States reached a record high of nearly $17,000,000,000 in 2004.
            (4) Migration patterns may be reduced from Mexico to the 
        United States by addressing the degree of economic opportunity 
        available to Mexican citizens.
            (5) Many Mexican assets are held extra-legally and cannot 
        be readily used as collateral for loans.
            (6) A majority of Mexican businesses are small or medium 
        size with limited access to financial capital.
            (7) These factors constitute a major impediment to broad-
        based economic growth in Mexico.
            (8) Approximately 20 percent of Mexico's population works 
        in agriculture, with the majority of this population working on 
        small farms and few on large commercial enterprises.
            (9) The Partnership for Prosperity is a bilateral 
        initiative launched jointly by the President of the United 
        States and the President of Mexico in 2001, which aims to boost 
        the social and economic standards of Mexican citizens, 
        particularly in regions where economic growth has lagged and 
        emigration has increased.
            (10) The Presidents of Mexico and the United States and the 
        Prime Minister of Canada, at their trilateral summit on March 
        23, 2005, agreed to promote economic growth, competitiveness, 
        and quality of life in the agreement on Security and Prosperity 
        Partnership of North America.
    (b) Sense of Congress Regarding Partnership for Prosperity.--It is 
the sense of Congress that the United States and Mexico should 
accelerate the implementation of the Partnership for Prosperity to help 
generate economic growth and improve the standard of living in Mexico, 
which will lead to reduced migration, by--
            (1) increasing access for poor and under served populations 
        in Mexico to the financial services sector, including credit 
        unions;
            (2) assisting Mexican efforts to formalize its extra-legal 
        sector, including the issuance of formal land titles, to enable 
        Mexican citizens to use their assets to procure capital;
            (3) facilitating Mexican efforts to establish an effective 
        rural lending system for small- and medium-sized farmers that 
        will--
                    (A) provide long term credit to borrowers;
                    (B) develop a viable network of regional and local 
                intermediary lending institutions; and
                    (C) extend financing for alternative rural economic 
                activities beyond direct agricultural production;
            (4) expanding efforts to reduce the transaction costs of 
        remittance flows in order to increase the pool of savings 
        available to help finance domestic investment in Mexico;
            (5) encouraging Mexican corporations to adopt 
        internationally recognized corporate governance practices, 
        including anti-corruption and transparency principles;
            (6) enhancing Mexican efforts to strengthen governance at 
        all levels, including efforts to improve transparency and 
        accountability, and to eliminate corruption, which is the 
        single biggest obstacle to development;
            (7) assisting the Government of Mexico in implementing all 
        provisions of the Inter-American Convention Against Corruption 
        (ratified by Mexico on May 27, 1997) and urging the Government 
        of Mexico to participate fully in the Convention's formal 
        implementation monitoring mechanism;
            (8) helping the Government of Mexico to strengthen 
        education and training opportunities throughout the country, 
        with a particular emphasis on improving rural education; and
            (9) encouraging the Government of Mexico to create 
        incentives for persons who have migrated to the United States 
        to return to Mexico.
    (c) Sense of Congress Regarding Bilateral Partnership on Health 
Care.--It is the sense of Congress that the Government of the United 
States and the Government of Mexico should enter into a partnership to 
examine uncompensated and burdensome health care costs incurred by the 
United States due to legal and illegal immigration, including--
            (1) increasing health care access for poor and under served 
        populations in Mexico;
            (2) assisting Mexico in increasing its emergency and trauma 
        health care facilities along the border, with emphasis on 
        expanding prenatal care in the United States-Mexico border 
        region;
            (3) facilitating the return of stable, incapacitated 
        workers temporarily employed in the United States to Mexico in 
        order to receive extended, long-term care in their home 
        country; and
            (4) helping the Government of Mexico to establish a program 
        with the private sector to cover the health care needs of 
        Mexican nationals temporarily employed in the United States.

SEC. 414. WILLING WORKER-WILLING EMPLOYER ELECTRONIC DATABASE.

    (a) Electronic Job Registry Link.--
            (1) 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.
            (2) The Secretary of Labor shall promulgate regulations 
        regarding the maintenance of electronic job registry records by 
        the employer for the purpose of audit or investigations.
            (3) The Secretary of Labor shall ensure that job 
        opportunities advertised on a State workforce agency statewide 
        electronic job registry established under this section are 
        accessible--
                    (A) by the State workforce agencies, which may 
                further disseminate job opportunity information to 
                interested parties; and
                    (B) through the internet, for access by workers, 
                employers, labor organizations and other interested 
                parties.
            (4) The Secretary of Labor may work with private companies 
        and nonprofit organizations in the development and operation of 
        the job registry link and system under paragraph (1).
    (b) Electronic Registry of Certified Applications.--
            (1) The Secretary of Labor shall compile, on a current 
        basis, a registry (by employer and by occupational 
        classification) of the approved labor certification 
        applications filed under this program. Such registry shall 
        include the wage rate, number of workers sought, period of 
        intended employment, and date of need. The Secretary of Labor 
        shall make such registry publicly available through an Internet 
        website.
            (2) The Secretary of Labor may consult with the Secretary 
        of Homeland Security, and others as appropriate, in the 
        establishment of the registry described in paragraph (1) to 
        ensure its compatibility with any system designed to track Y 
        nonimmigrant employment that is operated and maintained by the 
        Secretary of Homeland Security.
            (3) The Secretary of Labor shall ensure that job 
        opportunities advertised on the electronic job registry 
        established under this subsection are accessible by the State 
        workforce agencies, which may further disseminate job 
        opportunity information to other interested parties.

SEC. 415. ENUMERATION OF SOCIAL SECURITY NUMBER.

    The Secretary of Homeland Security, in coordination with the 
Commissioner of the Social Security Administration, shall implement a 
system to allow for the prompt enumeration of a Social Security number 
after the Secretary of Homeland Security has granted an alien Y 
nonimmigrant status.

SEC. 416. CONTRACTING.

    Nothing in this section shall be construed to limit the authority 
of the Secretary of Homeland Security or Secretary of Labor to contract 
with or license United States entities, as provided for in regulation, 
to implement any provision of this title, either entirely or in part, 
to the extent that each Secretary in his discretion determines that 
such implementation is feasible, cost-effective, secure, and in the 
interest of the United States. However, nothing in this provision shall 
be construed to alter or amend any of the requirements of OMB Circular 
A-76 or any other current law governing federal contracting. Any 
inherently governmental work already performed by employees of the 
Department of Homeland Security or the Department of Labor, or any 
inherently governmental work generated by the requirements of this 
legislation, shall continue to be performed by Federal employees, and 
any current commercial work, or new commercial work generated by the 
requirements of this legislation, that is subject to public-private 
competition under OMB Circular A-76 or any other relevant law shall 
continue to be subject to public-private competition.

SEC. 417. FEDERAL RULEMAKING REQUIREMENTS.

    (a) The Secretaries of Labor and Homeland Security shall each issue 
an interim final rule within six months of the date of enactment of 
this subtitle to implement this title and the amendments made by this 
title. Each such interim final rule shall become effective immediately 
upon publication in the Federal Register. Each such interim final rule 
shall sunset two years after issuance unless the relevant Secretary 
issues a final rule within two years of the issuance of the interim 
final rule.
    (b) The exemption provided under subsection (a) shall sunset no 
later than two years after the date of enactment of this title, 
provided that, such sunset shall not be construed to impose any 
requirements on, or affect the validity of, any rule issued or other 
action taken by either Secretary under such exemption.

                  Subtitle C--Nonimmigrant Visa Reform

SEC. 418. STUDENT VISAS.

    (a) In General.--Section 101(a)(15)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended--
            (1) in clause (i)--
                    (A) by striking ``who is'' and inserting, ``who 
                is--
                                    ``(I)'';
                    (B) by striking ``consistent with section 214(l)'' 
                and inserting ``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 for an aggregate period of not 
                                more than 24 months and related to such 
                                alien's major area of study, where such 
                                alien has been lawfully enrolled on a 
                                full time basis as a nonimmigrant under 
                                clause (i) or (iv) at a college, 
                                university, conservatory, or seminary 
                                described in subclause (i)(I) for one 
                                full academic year and such employment 
                                occurs:
                                            ``(aa) during the student's 
                                        annual vacation and at other 
                                        times when school is not in 
                                        session, if the student is 
                                        currently enrolled, and is 
                                        eligible for registration and 
                                        intends to register for the 
                                        next term or session;
                                            ``(bb) while school is in 
                                        session, provided that 
                                        practical training does not 
                                        exceed 20 hours a week while 
                                        school is in session; or
                                            ``(cc) within a 26-month 
                                        period after completion of all 
                                        course requirements for the 
                                        degree (excluding thesis or 
                                        equivalent);''; and
                    (D) by striking ``Attorney General'' the two times 
                that phrase appears and inserting ``Secretary of 
                Homeland Security''.
            (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), 
                        except that the alien is not required to have a 
                        residence in a foreign country that the alien 
                        has no intention of abandoning, who has been 
                        accepted at and plans to attend an accredited 
                        graduate program in mathematics, engineering, 
                        information technology, or the natural 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) Off Campus Work Authorization for Foreign Students.--
            (1) In general.--An alien admitted as a nonimmigrant 
        student 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 workers 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, may be disqualified for a period of 
        no more than 5 years from employing an alien student under 
        paragraph (1).
            (3) Social security.--Any employment engaged in by a 
        student pursuant to paragraph (1) of this subsection shall, for 
        purposes of section 210 of the Social Security Act (42 USC 410) 
        and section 3121 of the Internal Revenue Code (26 USC 3121), 
        not be considered to be for a purpose related to section 
        101(a)(15)(F) of the Immigration and Nationality Act.
    (c) Clarifying the Immigrant Intent Provision.--Subsection (b) of 
section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b)) 
is amended--
            (1) by striking the parenthetical phrase ``(other than a 
        nonimmigrant described in subparagraph (L) or (V) of section 
        101(a)(15), and other than a nonimmigrant described in any 
        provision of section 101(a)(15)(H)(i) except subclause (b1) of 
        such section)'' in the first sentence; and
            (2) by striking ``under section 101(a)(15)'' and inserting 
        in its place ``under the immigration laws.''.
    (d) Granting Dual Intent to Certain Nonimmigrant Students.--
Subsection (h) of section 214 of the Immigration and Nationality Act (8 
U.S.C. 1184(h)) is amended--
            (1) by inserting ``(F)(iv),'' following ``(H)(i)(b) or 
        (c),''; and
            (2) by striking ``if the alien had obtained a change of 
        status'' and inserting in its place ``if the alien had been 
        admitted as, provided status as, or obtained a change of 
        status''.

SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION.

    (a) H-1B Amendments.--Section 214(g) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)) is amended--
            (1) in paragraph (1) by deleting clauses (i) through (vii) 
        of subparagraph (A) and inserting in their place--
                            ``(i) 115,000 in fiscal year 2008;
                            ``(ii) in any subsequent fiscal year, 
                        subject to clause (iii), the number for the 
                        previous fiscal year as adjusted in accordance 
                        with the method set forth in paragraph (2); and
                            ``(iii) 180,000 for any fiscal year; or''.
            (2) in paragraph (9), as renumbered by Section 405--
                    (A) by striking ``The annual numeric limitations 
                described in clause (i) shall not exceed'' from 
                subclause (ii) of subparagraph (B) and inserting the 
                following: ``Without respect to the annual numeric 
                limitation described in clause (i), the Secretary may 
                issue a visa or otherwise grant nonimmigrant status 
                pursuant to section 1101(a)(15)(H)(i)(b) in the 
                following quantities:'';
                    (B) by striking subparagraph (B)(iv); and
                    (C) by striking subparagraph (D).
    (b) Requiring a Degree.--Paragraph (2) of section 214(i) of the 
Immigration and Nationality Act (8 U.S.C. 1184(i)) is amended--
            (1) by deleting the comma at the end of subparagraph (A) 
        and inserting in its place ``; and''; and
            (2) by striking subparagraphs (B) and (C) and inserting the 
        following:
                    ``(B) attainment of a bachelor's or higher degree 
                in the specific specialty from an educational 
                institution in the United States accredited by a 
                nationally recognized accrediting agency or association 
                (or an equivalent degree from a foreign educational 
                institution that is equivalent to such an institution) 
                as a minimum for entry into the occupation in the 
                United States.''.
    (c) Provision of W-2 Forms.--Section 214(g)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1184(g)(5)), as renumbered by Section 
405, is amended to read as follows:
            ``(5) In the case of a nonimmigrant described in section 
        1101(a)(15)(H)(i)(b) of this title--
                    ``(A) The period of authorized admission as such a 
                nonimmigrant may not exceed six years; [Provided that, 
                this provision shall not apply to such a nonimmigrant 
                who has filed a petition for an immigrant visa under 
                section 203(b)(1), if 365 days or more have elapsed 
                since filing and it has not been denied, in which case 
                the Secretary of Homeland Security may extend the stay 
                of an alien in one-year increments until such time as a 
                final decision is made on the alien's lawful permanent 
                residence].
                    ``(B) If the alien is granted an initial period of 
                admission less than six years, any subsequent 
                application for an extension of stay for such alien 
                must include the Form W-2 Wage and Tax Statement filed 
                by the employer for such employee, and such other form 
                or information relating to such employment as the 
                Secretary of Homeland Security may in his discretion 
                specify, with respect to such nonimmigrant alien 
                employee for the period of admission granted to the 
                alien.
                    ``(C) Notwithstanding section 6103 of title 26, 
                United States Code, or any other law, the Commissioner 
                of Internal Revenue or the Commissioner of the Social 
                Security Administration shall upon request of the 
                Secretary confirm whether the Form W-2 Wage and Tax 
                Statement filed by the employer under clause (i) 
                matches a Form W-2 Wage and Tax Statement filed with 
                the Internal Revenue Service or the Social Security 
                Administration, as the case may be.''
    (d) Extension of H-1B Status for Merit-Based Adjustment 
Applicants.--
            (1) Section 214(g)(4) of the Immigration and Nationality 
        Act (8 U.S.C. 1184(g)(4)) is amended by inserting before the 
        period: ``; Provided that, this provision shall not apply to 
        such a nonimmigrant who has filed a petition for an immigrant 
        visa accompanied by a qualifying employer recommendation under 
        section 203(b)(1), if 365 days or more have elapsed since 
        filing and it has not been denied, in which case the Secretary 
        of Homeland Security may extend the stay of an alien in one-
        year increments until such time as a final decision is made on 
        the alien's lawful permanent residence.''
            (2) Sections 106(a) and 106(b) of the American 
        Competitiveness in the Twenty-First Century Act of 2000--
        Immigration Services and Infrastructure Improvements Act of 
        2000, Public Law 106-313, are hereby repealed.

SEC. 420. H-1B EMPLOYER REQUIREMENTS.

    (a) Application of Nondisplacement and Good Faith Recruitment 
Requirements to All H-1B Employers.--
            (1) Amendments.--Section 212(n) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(n)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E);
                                    (I) in clause (i), by striking 
                                ``(E)(i) In the case of an application 
                                described in clause (ii), the'' and 
                                inserting ``(E) The''; and
                                    (II) by striking clause (ii);
                            (ii) in subparagraph (F), by striking ``In 
                        the case of'' and all that follows through 
                        ``where--'' and inserting the following: ``The 
                        employer will not place the nonimmigrant with 
                        another employer if--''; and
                            (iii) in subparagraph (G), by striking ``In 
                        the case of an application described in 
                        subparagraph (E)(ii), subject'' and inserting 
                        ``Subject'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (E), by striking ``If 
                        an H-1B-dependent employer'' and inserting ``If 
                        an employer that employs H-1B nonimmigrants''; 
                        and
                            (ii) in subparagraph (F), by striking ``The 
                        preceding sentence shall apply to an employer 
                        regardless of whether or not the employer is an 
                        H-1B-dependent employer.''; and
                    (C) by striking paragraph (3).
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to applications filed on or after the date of the 
        enactment of this Act.
    (b) Nondisplacement Requirement.--
            (1) Extending time period for nondisplacement.--Section 
        212(n) of such Act, as amended by subsection (a), is further 
        amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E), by striking ``90 
                        days'' each place it appears and inserting 
                        ``180 days'';
                            (ii) in subparagraph (F)(ii), by striking 
                        ``90 days'' each place it appears and inserting 
                        ``180 days''; and
                    (B) in paragraph (2)(C)(iii), by striking ``90 
                days'' each place it appears and inserting ``180 
                days''.
            (2) Effective date.--The amendments made by paragraph (1)--
                    (A) shall apply to applications filed on or after 
                the date of the enactment of this Act; and
                    (B) shall not apply to displacements for periods 
                occurring more than 90 days before such date.
    (c) H-1B Nonimmigrants Not Admitted for Jobs Advertised or Offered 
Only to H-1B Nonimmigrants.--Section 212(n)(1) of such Act, as amended 
by this section, is further amended--
            (1) by inserting after subparagraph (G) the following:
                    ``(H)(i) The employer has not advertised the 
                available jobs specified in the application in an 
                advertisement that states or indicates that--
                            ``(I) the job or jobs are only available to 
                        persons who are or who may become H-1B 
                        nonimmigrants; or
                            ``(II) persons who are or who may become H-
                        1B nonimmigrants shall receive priority or a 
                        preference in the hiring process.
                    ``(ii) The employer has not only recruited persons 
                who are, or who may become, H-1B nonimmigrants to fill 
                the job or jobs.''; and
            (2) in the undesignated paragraph at the end, by striking 
        ``The employer'' and inserting the following:
                    ``(K) The employer''.
    (d) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of 
such Act, as amended by this section, is further amended by inserting 
after subparagraph (H), as added by subsection (d)(1), the following:
                    ``(I) If the employer employs not less than 50 
                employees in the United States, not more than 50 
                percent of such employees are H-1B nonimmigrants.''.

SEC. 421. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

    (a) Safeguards Against Fraud and Misrepresentation in Application 
Review Process.--Section 212(n)(1)(K) of the Immigration and 
Nationality Act, as redesignated by section 2(d)(2), is amended--
            (1) by inserting ``and through the Department of Labor's 
        website, without charge.'' after ``D.C.'';
            (2) by inserting ``, clear indicators of fraud, 
        misrepresentation of material fact,'' after ``completeness'';
            (3) by striking ``or obviously inaccurate'' and inserting 
        ``, presents clear indicators of fraud or misrepresentation of 
        material fact, or is obviously inaccurate'';
            (4) by striking ``within 7 days of'' and inserting ``not 
        later than 14 days after''; and
            (5) by adding at the end the following: ``If the 
        Secretary's review of an application identifies clear 
        indicators of fraud or misrepresentation of material fact, the 
        Secretary may conduct an investigation and hearing under 
        paragraph (2).''
    (b) Investigations by Department of Labor.--Section 212(n)(2) of 
such Act is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``12 months'' and inserting ``24 
                months''; and
                    (B) by striking ``The Secretary shall conduct'' and 
                all that follows and inserting ``Upon the receipt of 
                such a complaint, the Secretary may initiate an 
                investigation to determine if such a failure or 
                misrepresentation has occurred.'';
            (2) in subparagraph (C)(i)--
                    (A) by striking ``a condition of paragraph (1)(B), 
                (1)(E), or (1)(F)'' and inserting ``a condition under 
                subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of 
                paragraph (1)''; and
                    (B) by striking ``(1)(C)'' and inserting 
                ``(1)(C)(ii)'';
            (3) in subparagraph (G)--
                    (A) in clause (i), by striking ``if the Secretary'' 
                and all that follows and inserting ``with regard to the 
                employer's compliance with the requirements of this 
                subsection.'';
                    (B) in clause (ii), by striking ``and whose 
                identity'' and all that follows through ``failure or 
                failures.'' and inserting ``the Secretary of Labor may 
                conduct an investigation into the employer's compliance 
                with the requirements of this subsection.'';
                    (C) in clause (iii), by striking the last sentence;
                    (D) by striking clauses (iv) and (v);
                    (E) by redesignating clauses (vi), (vii), and 
                (viii) as clauses (iv), (v), and (vi), respectively;
                    (F) in clause (iv), as redesignated, by striking 
                ``meet a condition described in clause (ii), unless the 
                Secretary of Labor receives the information not later 
                than 12 months'' and inserting ``comply with the 
                requirements under this subsection, unless the 
                Secretary of Labor receives the information not later 
                than 24 months'';
                    (G) by amending clause (v), as redesignated, to 
                read as follows:
                            ``(v) The Secretary of Labor shall provide 
                        notice to an employer of the intent to conduct 
                        an investigation. The notice shall be provided 
                        in such a manner, and shall contain sufficient 
                        detail, to permit the employer to respond to 
                        the allegations before an investigation is 
                        commenced. The Secretary is not required to 
                        comply with this clause if the Secretary 
                        determines that such compliance would interfere 
                        with an effort by the Secretary to investigate 
                        or secure compliance by the employer with the 
                        requirements of this subsection. A 
                        determination by the Secretary under this 
                        clause shall not be subject to judicial 
                        review.''.
                    (H) in clause (vi), as redesignated, by striking 
                ``An investigation'' and all that follows through ``the 
                determination.'' and inserting ``If the Secretary of 
                Labor, after an investigation under clause (i) or (ii), 
                determines that a reasonable basis exists to make a 
                finding that the employer has failed to comply with the 
                requirements under this subsection, the Secretary shall 
                provide interested parties with notice of such 
                determination and an opportunity for a hearing in 
                accordance with section 556 of title 5, United States 
                Code, not later than 120 days after the date of such 
                determination.''; and
                    (I) by adding at the end the following:
                            ``(vii) If the Secretary of Labor, after a 
                        hearing, finds a reasonable basis to believe 
                        that the employer has violated the requirements 
                        under this subsection, the Secretary may impose 
                        a penalty under subparagraph (C).''; and
            (4) by striking subparagraph (H).
    (c) Information Sharing Between Department of Labor and Department 
of Homeland Security.--Section 212(n)(2) of such Act, as amended by 
this section, is further amended by inserting after subparagraph (G) 
the following:
                    ``(H) The Director of United States Citizenship and 
                Immigration Services shall provide the Secretary of 
                Labor with any information contained in the materials 
                submitted by H-1B employers as part of the adjudication 
                process that indicates that the employer is not 
                complying with H-1B visa program requirements. The 
                Secretary may initiate and conduct an investigation and 
                hearing under this paragraph after receiving 
                information of noncompliance under this 
                subparagraph.''.
    (d) Audits.--Section 212(n)(2)(A) of such Act, as amended by this 
section, is further amended by adding at the end the following: ``The 
Secretary may conduct surveys of the degree to which employers comply 
with the requirements under this subsection and may conduct annual 
compliance audits of employers that employ H-1B nonimmigrants. The 
Secretary shall conduct annual compliance audits of not less than 1 
percent of the employers that employ H-1B nonimmigrants during the 
applicable calendar year.''
    (e) Penalties.--Section 212(n)(2)(C) of such Act, as amended by 
this section, is further amended--
            (1) in clause (i)(I), by striking ``$1,000'' and inserting 
        ``$2,000'';
            (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
        ``$10,000''; and
            (3) in clause (vi)(III), by striking ``$1,000'' and 
        inserting ``$2,000''.
    (f) Information Provided to H-1B Nonimmigrants Upon Visa 
Issuance.--Section 212(n) of such Act, as amended by this section, is 
further amended by inserting after paragraph (2) the following:
            ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
        the United States, the issuing office shall provide the 
        applicant with--
                    ``(i) a brochure outlining the employer's 
                obligations and the employee's rights under Federal 
                law, including labor and wage protections; and
                    ``(ii) the contact information for Federal agencies 
                that can offer more information or assistance in 
                clarifying employer obligations and workers' rights.''.
            ``(B) Upon the issuance of an H-1B visa to an alien inside 
        the United States, the officer of the Department of Homeland 
        Security shall provide the applicant with--
                    ``(i) a brochure outlining the employer's 
                obligations and the employee's rights under Federal 
                law, including labor and wage protections; and
                    ``(ii) the contact information for Federal agencies 
                that can offer more information or assistance in 
                clarifying employer's obligations and workers' 
                rights.''.

SEC. 422. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

    (a) In General.--Section 214(c)(2) of the Immigration and 
Nationality Act (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 of an 
        alien spouse admitted under section 101(a)(15)(L), who'' and 
        inserting ``Except as provided in subparagraph (H), if an alien 
        spouse admitted under section 101(a)(15)(L)''; 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 up to 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 an application to the Secretary of 
                Homeland Security that contains--
                            ``(I) evidence that the importing employer 
                        meets the requirements of this subsection;
                            ``(II) evidence that the beneficiary meets 
                        the requirements under 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)(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 preceding 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 preceding 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;
                                    ``(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 petition 
                        subsequently filed 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.
                            ``(iv) For purposes of determining the 
                        eligibility of an alien for classification 
                        under section 101(a)(15)(L), the Secretary of 
                        Homeland Security shall work cooperatively with 
                        the Secretary of State to verify a company or 
                        facility's existence in the United States and 
                        abroad.''.
    (b) Investigations and Audits by Department of Homeland Security.--
            (1) Department of homeland security investigations.--
        Section 214(c)(2) of such Act, as amended by this section, is 
        further amended by adding at the end the following:
                    ``(I)(i) The Secretary of Homeland Security may 
                initiate an investigation of any employer that employs 
                nonimmigrants described in section 101(a)(15)(L) with 
                regard to the employer's compliance with the 
                requirements of this subsection.
                    ``(ii) If the Secretary of Homeland Security 
                receives specific credible information from a source 
                who is likely to have knowledge of an employer's 
                practices, employment conditions, or compliance with 
                the requirements under this subsection, the Secretary 
                may conduct an investigation into the employer's 
                compliance with the requirements of this subsection. 
                The Secretary may withhold the identity of the source 
                from the employer, and the source's identity shall not 
                be subject to disclosure under section 552 of title 5.
                    ``(iii) The Secretary of Homeland Security shall 
                establish a procedure for any person desiring to 
                provide to the Secretary of Homeland Security 
                information described in clause (ii) that may be used, 
                in whole or in part, as the basis for the commencement 
                of an investigation described in such clause, to 
                provide the information in writing on a form developed 
                and provided by the Secretary of Homeland Security and 
                completed by or on behalf of the person.
                    ``(iv) No investigation described in clause (ii) 
                (or hearing described in clause (vi) based on such 
                investigation) may be conducted with respect to 
                information about a failure to comply with the 
                requirements under this subsection, unless the 
                Secretary of Homeland Security receives the information 
                not later than 24 months after the date of the alleged 
                failure.
                    ``(v) Before commencing an investigation of an 
                employer under clause (i) or (ii), the Secretary of 
                Homeland Security shall provide notice to the employer 
                of the intent to conduct such investigation. The notice 
                shall be provided in such a manner, and shall contain 
                sufficient detail, to permit the employer to respond to 
                the allegations before an investigation is commenced. 
                The Secretary is not required to comply with this 
                clause if the Secretary determines that to do so would 
                interfere with an effort by the Secretary to 
                investigate or secure compliance by the employer with 
                the requirements of this subsection. There shall be no 
                judicial review of a determination by the Secretary 
                under this clause.
                    ``(vi) If the Secretary of Homeland Security, after 
                an investigation under clause (i) or (ii), determines 
                that a reasonable basis exists to make a finding that 
                the employer has failed to comply with the requirements 
                under this subsection, the Secretary shall provide 
                interested parties with notice of such determination 
                and an opportunity for a hearing in accordance with 
                section 556 of title 5, United States Code, not later 
                than 120 days after the date of such determination. If 
                such a hearing is requested, the Secretary shall make a 
                finding concerning the matter by not later than 120 
                days after the date of the hearing.
                    ``(vii) If the Secretary of Homeland Security, 
                after a hearing, finds a reasonable basis to believe 
                that the employer has violated the requirements under 
                this subsection, the Secretary may impose a penalty 
                under section 214(c)(2)(J).''.
            (2) Audits.--Section 214(c)(2)(I) of such Act, as added by 
        paragraph (1), is amended by adding at the end the following:
                            ``(viii) The Secretary of Homeland Security 
                        may conduct surveys of the degree to which 
                        employers comply with the requirements under 
                        this section and may conduct annual compliance 
                        audits of employers that employ H-1B 
                        nonimmigrants. The Secretary shall conduct 
                        annual compliance audits of not less than 1 
                        percent of the employers that employ 
                        nonimmigrants described in section 
                        101(a)(15)(L) during the applicable calendar 
                        year.''.
            (3) Reporting requirement.--Section 214(c)(8) of such Act 
        is amended by inserting ``(L),'' after ``(H),''.
    (c) Penalties.--Section 214(c)(2) of such Act, as amended by this 
section, is further amended by adding at the end the following:
                    ``(J)(i) If the Secretary of Homeland Security 
                finds, after notice and an opportunity for a hearing, a 
                failure by an employer to meet a condition under 
                subparagraph (F), (G), (H), (I), or (K) or a 
                misrepresentation of material fact in a petition to 
                employ 1 or more aliens as nonimmigrants described in 
                section 101(a)(15)(L)--
                            ``(I) the Secretary of Homeland Security 
                        may impose such other administrative remedies 
                        (including civil monetary penalties in an 
                        amount not to exceed $2,000 per violation) as 
                        the Secretary determines to be appropriate; and
                            ``(II) the Secretary of Homeland Security 
                        may not, during a period of at least 1 year, 
                        approve a petition for that employer to employ 
                        1 or more aliens as such nonimmigrants.
                    ``(ii) If the Secretary of Homeland Security finds, 
                after notice and an opportunity for a hearing, a 
                willful failure by an employer to meet a condition 
                under subparagraph (F), (G), (H), (I), or (K) or a 
                misrepresentation of material fact in a petition to 
                employ 1 or more aliens as nonimmigrants described in 
                section 101(a)(15)(L)--
                            ``(I) the Secretary of Homeland Security 
                        may impose such other administrative remedies 
                        (including civil monetary penalties in an 
                        amount not to exceed $10,000 per violation) as 
                        the Secretary determines to be appropriate; and
                            ``(II) the Secretary of Homeland Security 
                        may not, during a period of at least 2 years, 
                        approve a petition filed for that employer to 
                        employ 1 or more aliens as such nonimmigrants.
                    ``(iii) If the Secretary of Homeland Security 
                finds, after notice and an opportunity for a hearing, a 
                willful failure by an employer to meet a condition 
                under subparagraph (L)(i)--
                            ``(I) the Secretary of Homeland Security 
                        may impose such other administrative remedies 
                        (including civil monetary penalties in an 
                        amount not to exceed $10,000 per violation) as 
                        the Secretary determines to be appropriate; and
                            ``(II) the employer shall be liable to 
                        employees harmed for lost wages and 
                        benefits.''.

SEC. 423. WHISTLEBLOWER PROTECTIONS.

    (a) H-1B Whistleblower Protections.--Section 212(n)(2)(C)(iv) of 
the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is 
amended--
            (1) by inserting ``take, fail to take, or threaten to take 
        or fail to take, a personnel action, or'' before ``to 
        intimidate''; and
            (2) by adding at the end the following: ``An employer that 
        violates this clause shall be liable to the employees harmed by 
        such violation for lost compensation, including back pay.''.
    (b) L-1 Whistleblower Protections.--Section 214(c)(2) of such Act, 
as amended by section 4, is further amended by adding at the end the 
following:
                    ``(L)(i) It is a violation of this subparagraph for 
                an employer who has filed a petition to import 1 or 
                more aliens as nonimmigrants described in section 
                101(a)(15)(L) to take, fail to take, or threaten to 
                take or fail to take, a personnel action, or to 
                intimidate, threaten, restrain, coerce, blacklist, 
                discharge, or discriminate in any other manner against 
                an employee because the employee--
                            ``(I) has disclosed information that the 
                        employee reasonably believes evidences a 
                        violation of this subsection, or any rule or 
                        regulation pertaining to this subsection; or
                            ``(II) cooperates or seeks to cooperate 
                        with the requirements of this subsection, or 
                        any rule or regulation pertaining to this 
                        subsection.
                    ``(ii) An employer that violates this subparagraph 
                shall be liable to the employees harmed by such 
                violation for lost wages and benefits.
                    ``(iii) In this subparagraph, the term ``employee'' 
                includes--
                            ``(I) a current employee;
                            ``(II) a former employee; and
                            ``(III) an applicant for employment.''.

SEC. 424. LIMITATIONS ON APPROVAL OF L-1 PETITIONS FOR START-UP 
              COMPANIES.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)) is amended--
    (a) by striking ``Attorney General'' each place it appears and 
inserting ``Secretary of Homeland Security'';
    (b) in subparagraph (E), by striking ``In the case'' and inserting 
``Except as provided in subparagraph (H), in the case''; and
    (c) 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 be 
                employed in a new office, the petition may be approved 
                for a period not to exceed 12 months only if the alien 
                has not been the beneficiary of two or more petitions 
                under this subparagraph within the immediately 
                preceding two years and only if the employer operating 
                the new office has--
                            ``(I) an adequate 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 substantially 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 if requested by 
                        the Secretary;
                            ``(VI) evidence that the importing 
                        employer, from the date of petition approval 
                        under clause (i), has been doing business at 
                        the new office through regular, systematic, and 
                        continuous provision of goods or services;
                            ``(VII) a statement of the duties the 
                        beneficiary has performed at the new office 
                        during the approval period under clause (i) and 
                        the duties the beneficiary will perform at the 
                        new office during the extension period approved 
                        under this clause;
                            ``(VIII) a statement describing the 
                        staffing at the new office, 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 office; and
                                    ``(XI) any other evidence or data 
                                prescribed by the Secretary.
                            ``(iii) A new office employing the 
                        beneficiary of an L-1 petition approved under 
                        this subparagraph must do business through 
                        regular, systematic, and continuous provision 
                        of goods or services for the entire period of 
                        petition approval.
                            ``(iv) Notwithstanding clause (iii) or 
                        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 in his 
                        discretion approve a subsequently filed 
                        petition on behalf of the beneficiary to 
                        continue employment at the office described in 
                        this subsection for a period beyond the 
                        initially granted 12-month period if the 
                        importing employer has been doing business at 
                        the new office through regular, systematic, and 
                        continuous provision of goods or services for 
                        the 6 months immediately preceding the date of 
                        extension petition filing and demonstrates that 
                        the failure to satisfy any of the requirements 
                        described in those subclauses was directly 
                        caused by extraordinary circumstances, as 
                        determined by the Secretary in his discretion.
                    ``(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 12-
                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 
                        procedures with the Department of State to 
                        verify a company or office's existence in the 
                        United States and abroad.''

SEC. 425. MEDICAL SERVICES IN UNDERSERVED AREAS.

    (a) Permanent Authorization of the Conrad Program.--
            (1) In general.--Section 220(c) of the Immigration and 
        Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 
        note) (as amended by section 1(a) of Public Law 108-441 and 
        section 2 of Public Law 109-477) is amended by striking ``and 
        before June 1, 2008.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if enacted on June 1, 2007.
    (b) Pilot Program Requirements.--Section 214(l) of the Immigration 
and Nationality Act (8 U.S.C. 1184(l)) is amended--
            (1) by adding at the end the following:
            ``(4)(A) Notwithstanding paragraph (1)(B), the Secretary of 
        Homeland Security may grant up to a total of 50 waivers for a 
        State under section 212(e) in a fiscal year if, after the first 
        30 such waivers for the State are granted in that fiscal year--
                    ``(i) an interested State agency requests a waiver; 
                and
                    ``(ii) the requirements under subparagraph (B) are 
                met.
            ``(B) The requirements under this subparagraph are met if--
                    ``(i) fewer than 20 percent of the physician 
                vacancies in the health professional shortage areas of 
                the State, as designated by the Secretary of Health and 
                Human Services, were filled in the most recent fiscal 
                year;
                    ``(ii) all of the waivers allotted for the State 
                under paragraph (1)(B) were used in the most recent 
                fiscal year; and
                    ``(iii) all underserved highly rural States--
                            ``(I) used the minimum guaranteed number of 
                        waivers under section 212(e) in health 
                        professional shortage areas in the most recent 
                        fiscal year; or
                            ``(II) all agreed to waive the right to 
                        receive the minimum guaranteed number of such 
                        waivers.
            ``(C) In this paragraph:
                    ``(i) The term `health professional shortage area' 
                has the meaning given the term in section 332(a)(1) of 
                the Public Health Service Act (42 U.S.C. 254e(a)(1));
                    ``(ii) The term `underserved highly rural State' 
                means a State with at least 30 counties with a 
                population density of not more than 10 people per 
                square mile, based on the latest available decennial 
                census conducted by the Bureau of Census.
                    ``(iii) The term `minimum guaranteed number' 
                means--
                            ``(I) for the first fiscal year of the 
                        pilot program, 15;
                            ``(II) for each subsequent fiscal year, the 
                        sum of--
                                    ``(aa) the minimum guaranteed 
                                number for the second fiscal year; and
                                    ``(bb) 3, if any State received 
                                additional waivers under this paragraph 
                                in the first fiscal year.
                            ``(III) for the third fiscal year, the sum 
                        of--
                                    ``(aa) the minimum guaranteed 
                                number for the second fiscal year; and
                                    ``(bb) 3, if any State received 
                                additional waivers under this paragraph 
                                in the first fiscal year.''.
    (c) Termination Date.--The authority provided by the amendments 
made by subsection (b) shall expire on September 30, 2011.
    (d) Section 212(j) of the Immigration and Nationality Act (8 U.S.C. 
1182(j)) is amended by--
            (1) revising the preamble of paragraph (2) to read ``An 
        alien who has graduated from a medical school and who is coming 
        to the United States to practice primary care or specialty 
        medicine as a member of the medical profession may not be 
        admitted as a nonimmigrant under section 1101(a)(15)(H)(i)(b) 
        of this title unless--''
            (2) redesignating paragraph (2) as paragraph (3);
            (3) adding new paragraph (2) to read--
            ``(2)(A) An alien who is coming to the United States to 
        receive graduate medical education or training (or seeks to 
        acquire status as a nonimmigrant under section 1101(a)(15)(J) 
        to receive graduate medical education or training) may not 
        change status under section 1258 to a nonimmigrant under 
        section 1101(a)(15)(H)(i)(b) until the alien graduates from the 
        medical education or training program and meets the 
        requirements of paragraph (3)(B).
            ``(B) Any occupation that an alien described in paragraph 
        (2)(A) may be employed in while receiving graduate medical 
        education or training shall not be deemed a ``specialty 
        occupation'' within the meaning of section 1184(i) for purposes 
        of section 1101(a)(15)(H)(i)(b).''
    (e) Section 101(a)(15)(J) is amended by adding ``(except an alien 
coming to the United States to receive graduate medical education or 
training)'' after ``abandoning''.
    (f) Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 
1184(h)) is amended by inserting ``(E), (J) who is coming to the United 
States to receive graduate medical education or training,'' after 
``subparagraph'' where that term first appears.
    (g) Medical Residents Ineligible for H-1B Nonimmigrant Status.--
Section 214(i) of the Immigration and Nationality Act (8 U.S.C. 
1184(i)) is amended to read--
            ``(1) Except as provided in paragraph (3), for purposes of 
        section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and 
        paragraph (2), the term ``specialty occupation''--
                    ``(A) means an occupation that requires--
                            ``(i) theoretical and practical application 
                        of a body of highly specialized knowledge, and
                            ``(ii) attainment of a bachelor's or higher 
                        degree in the specific specialty (or its 
                        equivalent) as a minimum for entry into the 
                        occupation in the United States; and
                    ``(B) shall not include graduate medical education 
                or training.''
    (h) Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 
1184(l)) is amended--
            (1) in paragraph (1)(C)(i) by striking ``Attorney General'' 
        and inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1)(C) by striking subclause (ii) and 
        inserting the following:
                            ``(ii) the alien has accepted employment 
                        with the health facility or health care 
                        organization and agrees to continue to work for 
                        a total of not less than 3 years; and
                            ``(iii) the alien begins employment within 
                        90 days of:
                                    ``(I) receiving such waiver; or
                                    ``(II) receiving nonimmigrant 
                                status or employment authorization 
                                pursuant to an application filed under 
                                paragraph (2)(A) (if such application 
                                is filed with 90 days of eligibility of 
                                completing graduate medical education 
                                or training under a program approved 
                                pursuant to section 212(j)(1));
                            ``whichever is latest.''
            (3) by striking at the end ``.'', inserting ``; or'' and 
        adding new paragraph (1)(E) to read--
                    ``(E) in the case of a request by an interested 
                State agency, the alien agrees to practice primary care 
                or specialty medicine care, for a continuous period of 
                2 years, only at a federally qualified health facility, 
                health care organization or center, or in a rural 
                health clinic that is located in:
                            ``(i) a geographic area which is designated 
                        by the Secretary of Health and Human Services 
                        as having a shortage of health care 
                        professionals; and
                            ``(ii) a State that utilized less than 10 
                        of the total allotted waivers for the State 
                        under paragraph (1)(B) (excluding the number of 
                        waivers available pursuant to paragraph 
                        (1)(D)(ii)) in the most recent fiscal year.''
            (4) in paragraph (2), by amending subparagraph (A) to read 
        as follows:
                    ``(A) Notwithstanding section 248(a)(2), upon 
                submission of a request to an interested Federal agency 
                or an interested State agency for recommendation of a 
                waiver under this section by a physician who is 
                maintaining valid nonimmigrant status under section 
                101(a)(15)(J), the Secretary of Homeland Security may 
                accept as properly filed an application to change the 
                status of such physician to [any applicable 
                nonimmigrant status]. Upon favorable recommendation by 
                the Secretary of State of such request, and approval by 
                the Secretary of Homeland Security the waiver under 
                this section, the Secretary of Homeland Security may 
                change the status of such physician to that of [an 
                appropriate nonimmigrant status.]''
            (5) in paragraph (3)(A) amended by inserting ``requirement 
        of or'' before ``agreement entered into''.
    (i) Period of authorized admission for physicians on h-1b visas who 
work in medically underserved communities.--Section 214(g)(5), as 
renumbered by Section 405 and amended by Section 719(c), is further 
amended by adding at the end the following new subparagraph:
                    ``(D) The period of authorized admission under 
                subparagraph (A) shall not apply to an alien physician 
                who fulfills the requirements of section 214(l)(1)(E) 
                and who has practiced primary or specialty care in a 
                medically underserved community for a continuous period 
                of 5 years.''

SEC. 426. B-1 VISITOR VISA GUIDELINES AND DATA TRACKING SYSTEMS.

    (a) Guidelines.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act--
                    (A) the Secretary of State shall review existing 
                regulations or internal guidelines relating to the 
                decisionmaking process with respect to the issuance of 
                B-1 visas by consular officers and determine whether 
                modifications are necessary to ensure that such 
                officers make decisions with respect to the issuance of 
                B-1 visas as consistently as possible while ensuring 
                security and maintaining officer discretion over such 
                issuance determinations; and
                    (B) the Secretary of Homeland Security shall review 
                existing regulations or internal guidelines relating to 
                the decisionmaking process of Customs and Border 
                Protection officers concerning whether travelers 
                holding a B-1 visitor visa are admissible to the United 
                States and the appropriate length of stay and shall 
                determine whether modifications are necessary to ensure 
                that such officers make decisions with respect to 
                travelers admissibility and length of stay as 
                consistently as possible while ensuring security and 
                maintaining officer discretion over such 
                determinations.
            (2) Modification.--If after conducting the reviews under 
        paragraph (1), the Secretary of State or the Secretary of 
        Homeland Security determine that modifications to existing 
        regulations or internal guidelines, or the establishment of new 
        regulations or guidelines, are necessary, the relevant 
        Secretary shall make such modifications during the 6-month 
        period referred to in such paragraph.
            (3) Consultations.--In making determinations and preparing 
        guidelines under paragraph (1), the Secretary of State and the 
        Secretary of Homeland Security shall consult with appropriate 
        stakeholders, including consular officials and immigration 
        inspectors.
    (b) Data Tracking Systems.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act--
                    (A) the Secretary of State shall develop and 
                implement a system to track aggregate data relating to 
                the issuance of B-1 visitor visas in order to ensure 
                the consistent application of the guidelines 
                established under subsection (a)(1)(A); and
                    (B) the Secretary of Homeland Security shall 
                develop and implement a system to track aggregate data 
                relating to admissibility decision, and length of stays 
                under, B-1 visitor visas in order to ensure the 
                consistent application of the guidelines established 
                under subsection (a)(1)(B).
            (2) Limitation.--The systems implemented under paragraph 
        (1) shall not store or track personally identifiable 
        information, except that this paragraph shall not be construed 
        to limit the application of any other system that is being 
        implemented by the Department of State or the Department of 
        Homeland Security to track travelers or travel to the United 
        States.
    (c) Public Education.--The Secretary of State and the Secretary of 
Homeland Security shall carry out activities to provide guidance and 
education to the public and to visa applicants concerning the nature, 
purposes, and availability of the B-1 visa for business travelers.
    (d) Report.--Not later than 6 and 18 months after the date of 
enactment of this Act, the Secretary of State and the Secretary of 
Homeland Security shall submit to Congress, reports concerning the 
status of the implementation of this section.

SEC. 427. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title, and the amendments made by this 
title.

                     TITLE V--IMMIGRATION BENEFITS

SEC. 501. REBALANCING OF IMMIGRANT VISA ALLOCATION.

    (a) Family-Sponsored Immigrants.--Section 201(c) of the Immigration 
and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
            ``(1) For each fiscal year until visas needed for petitions 
        described in section 503(f)(2) of the [Insert title of Act] 
        become available, the worldwide level of family-sponsored 
        immigrants under this subsection is 567,000 for petitions for 
        classifications under 203(a), plus any immigrant visas not 
        required for the class specified in (d).
            ``(2) Except as provided in paragraph (1), the worldwide 
        level of family-sponsored immigrants under this subsection for 
        a fiscal year is 127,000, plus any immigrant visas not required 
        for the class specified in (d).''.
    (b) Merit-Based Immigrants.--Section 201(d) of the Immigration and 
Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:
    ``(d) Worldwide Level of Merit-Based, Special, and Employment 
Creation Immigrants.--
            ``(1) In general.--The worldwide level of merit-based, 
        special, and employment creation immigrants under this 
        subsection for a fiscal year--
                    ``(A) for the first five fiscal years shall be 
                equal to the number of immigrant visas made available 
                to aliens seeking immigrant visas under section 203(b) 
                of this Act for fiscal year 2005, plus any immigrant 
                visas not required for the class specified in (c), of 
                which:
                            ``(i) at least 10,000 will be for 
                        exceptional aliens in nonimmigrant status under 
                        section 101(a)(15)(Y); and
                            ``(ii) 90,000 will be for aliens who were 
                        the beneficiaries of an application that was 
                        pending or approved at the time of the 
                        effective date of this section, per Section 
                        502(d) of the [Insert title of Act].
                    ``(B) stating in the sixth fiscal year, shall be 
                equal to 140,000 for each fiscal year until aliens 
                described in section 101(a)(15)(Z) of this Act first 
                become eligible for an immigrant visa, plus any 
                immigrant visas not required for the class specified in 
                (c), of which:
                            ``(i) at least 10,000 will be for 
                        exceptional aliens in nonimmigrant status under 
                        section 101(a)(15)(Y); and
                            ``(ii) no more than 90,000 will be for 
                        aliens who were the beneficiaries of an 
                        application that was pending or approved at the 
                        time of the effective date of this section, per 
                        Section 502(d) of the [Insert title of Act].
                    ``(C)(i) 380,000, for each fiscal year starting in 
                the first fiscal year in which aliens described in 
                section 101(a)(15)(Z) of this Act become eligible for 
                an immigrant visa, of which at least 10,000 will be for 
                exceptional aliens in nonimmigrant status under section 
                101(a)(15)(Y), plus any immigrant visas not required 
                for the class specified in (c); plus
                    ``(ii) the temporary supplemental allocation of 
                additional visas described in paragraph (2) for 
                nonimmigrants described in section 101(a)(15)(Z).
            ``(2) Temporary supplemental allocation.--The temporary 
        supplemental allocation of visas described in this paragraph is 
        as follows:
                    ``(A) for the first five fiscal years in which 
                aliens described in section 101(a)(15)(Z) of this Act 
                are eligible for an immigrant visa, the number 
                calculated pursuant to section 503(f)(2) of the [Insert 
                title of Act];
                    ``(B) in the sixth fiscal year in which aliens 
                described in section 101(a)(15)(Z) of this Act are 
                eligible for an immigrant visa, the number calculated 
                pursuant to section 503(f)(3) of [Insert title of Act]; 
                and
                    ``(C) starting in the seventh fiscal year in which 
                aliens described in section 101(a)(15)(Z) of this Act 
                are eligible for an immigrant visa, the number equal to 
                the number of Z nonimmigrants who became aliens 
                admitted for permanent residence based on the merit-
                based evaluation system in the prior fiscal year until 
                no further Z nonimmigrants adjust status;
            ``(3) Termination of temporary supplemental allocation.--
        The temporary supplemental allocation of visas shall terminate 
        when the number of visas calculated pursuant to paragraph 
        (2)(C) is zero.
            ``(4) Limitation.--The temporary supplemental visas in 
        paragraph (2) shall not be awarded to any individual other than 
        an individual described in section 101(a)(15)(Z).
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the fiscal year subsequent to the fiscal 
year of enactment.

SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A MERIT-BASED 
              EVALUATION SYSTEM FOR IMMIGRANTS.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States benefits from a work force that has diverse skills, experience 
and training.
    (b) Creation of Merit-Based Evaluation System for Immigrants and 
Reallocation of Visas.--Section 203(b) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)) is amended by--
            (1) striking paragraphs (1), (2), and (3) and inserting the 
        following:
            ``(1) Merit-based immigrants.--Visas shall first be made 
        available in a number not to exceed 95 percent of such 
        worldwide level, plus any visas not required for the classes in 
        paragraphs (2) and (3), to qualified immigrants selected 
        through a merit-based evaluation system.
                    ``(A) The merit-based evaluation system shall 
                initially consist of the following criteria and 
                weights:

------------------------------------------------------------------------
         Category                 Description               Max pts
------------------------------------------------------------------------
Employment                 .........................                 47
  Occupation               U.S. employment in
                            Specialty Occupation
                            (DoL definition)--20 pts
                           U.S. employment in High
                            Demand Occupation (BLS
                            largest 10-yr job
                            growth, top 30)
  National interest/       16 pts
   critical
   infrastructure--
                           U.S. employment in STEM
                            or health occupation,
                            current for at least 1
                            year--8 pts
                            (extraordinary or
                            ordinary)
  Employer endorsement     A U.S. employer willing
                            to pay 50% of LPR
                            application fee either
                            1) offers a job, or 2)
                            attests for a current
                            employee--6 pts
  Experience               Years of work for U.S.
                            firm--2 pts/year (max 10
                            pts)
  Age of worker            Worker's age: 25-39--3
                            pts
Education                  M.D., M.B.A., Graduate                    28
                            degree, etc.--20 pts
  (terminal degree)        Bachelor's degree--16 pts
                           Associate's degree--10
                            pts
                           High School diploma or
                            GED--6 pts
                           Completed certified
                            Perkins Vocational
                            Education program--5 pts
                           Completed DoL Registered
                            Apprenticeship--8 pts
                           STEM, assoc & above--8
                            pts
English & civics           Native speaker of English                 15
                           or TOEFL score of 75 or
                            higher--15 pts
                           TOEFL score of 60-74--10
                            pts
                           Pass USCIS Citizenship
                            Tests in English &
                            Civics--6 pts
Extended family (Applied
 if threshold of 55 in
 above categories.)
                           Adult (21 or older) son                   10
                            or daughter of USC--8
                            pts
                           Adult (21 or older) son
                            or daughter of LPR--6
                            pts
                           Sibling of USC or LPR--4
                            pts
                           If had applied for a
                            family visa in any of
                            the above categories
                            after May 1, 2005--2 pts
                           .........................                100
Supplemental schedule for
 Zs
  Agriculture National     Worked in agriculture for                 25
   Interest                 3 years, 150 days per
                            year--21 pts
                           Worked in agriculture for
                            4 years (150 days for 3
                            years, 100 days for 1
                            year)--23 pts
                           Worked in agriculture for
                            5 years, 100 days per
                            year--25 pts
  U.S. employment exp.     Year of lawful                            15
                            employment--1 pt
  Home ownership           Own place of residence--1                  5
                            pt/year owned
  Medical Insurance        Current medical insurance                  5
                            for entire family
------------------------------------------------------------------------

                    ``(B) The Secretary of Homeland Security, after 
                consultation with the Secretaries of Commerce and 
                Labor, shall establish procedures to adjudicate 
                petitions filed pursuant to the merit-based evaluation 
                system. The Secretary may establish a time period in a 
                fiscal year in which such petitions must be submitted.
                    ``(C) The Standing Commission on Immigration and 
                Labor Markets established pursuant to Section 407 of 
                the [Insert title of Act] shall submit recommendations 
                to Congress concerning the establishment of procedures 
                for modifying the selection criteria and relative 
                weights accorded such criteria in order to ensure that 
                the merit-based evaluation system corresponds to the 
                current needs of the United States economy and the 
                national interest.
                    ``(D) No modifications to the selection criteria 
                and relative weights accorded such criteria that are 
                established by the [Insert title of Act] should take 
                effect earlier than the sixth fiscal year in which 
                aliens described in section 101(a)(15)(Z) of this Act 
                are eligible for an immigrant visa.
                    ``(E) The application of the selection criteria to 
                any particular visa petition or application pursuant to 
                the merit-based evaluation system shall be within the 
                Secretary's sole and unreviewable discretion.
                    ``(F) Any petition filed pursuant to this paragraph 
                that has not been found by the Secretary to have 
                qualified in the merit-based evaluation system shall be 
                deemed denied on the first day of the third fiscal year 
                following the date of such application. Such denial 
                shall not preclude the petitioner from filing a 
                successive petition pursuant to this paragraph. 
                Notwithstanding this paragraph, the Secretary may deny 
                a petition when denial is appropriate under other 
                provisions of law, including but not limited to 
                sections 204(c).''.
            (2) redesignating paragraph (4) as paragraph (2), by 
        striking ``7.1 percent'' and inserting ``4,200'', and striking 
        ``5,000'' and inserting ``2,500'';
            (3) redesignating paragraph (5) as paragraph (3), by 
        striking ``7.1 percent'' and inserting ``2,800'', and striking 
        ``3,000'' and inserting ``1,500'';
            (4) redesignating paragraph (6) as paragraph (4).
    (c) Procedure for Granting Immigrant Status.--Section 204(a)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended by 
striking subparagraphs (E) and (F).
    (d) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall take effect on the first day of the 
        fiscal year subsequent to the fiscal year of enactment, unless 
        such date is less than 270 days after the date of enactment, in 
        which case the amendments shall take effect on the first day of 
        the following fiscal year.
            (2) Pending and approved petitions and applications.--
        Petitions for an employment-based visa filed for classification 
        under section 203(b)(1), (2), or (3) of the Immigration and 
        Nationality Act (as such provisions existed prior to the 
        enactment of this section) that were filed prior to the date of 
        the introduction of the [Insert title of Act] and were pending 
        or approved at the time of the effective date of this section, 
        shall be treated as if such provision remained effective and an 
        approved petition may serve as the basis for issuance of an 
        immigrant visa. Aliens with applications for a labor 
        certification pursuant to section 212(a)(5)(A) of the 
        Immigration and Nationality Act shall preserve the immigrant 
        visa priority date accorded by the date of filing of such labor 
        certification application.
    (e) Conforming Amendments.--
            (1) Section 201 of the Immigration and Nationality Act (8 
        U.S.C. 1151) is amended by striking ``employment-based'' each 
        place it appears and inserting ``merit-based''.
            (2) Section 202 of the Immigration and Nationality Act (8 
        U.S.C. 1152) is amended by striking ``employment-based'' each 
        place it appears and inserting ``merit-based''.
            (3) Section 203(b) of the Immigration and Nationality Act 
        (8 U.S.C. 1153(b)) is amended by:
                    (A) striking the heading and first sentence and 
                inserting the following:
    ``(b) Preference allocation for merit-based, special and employment 
creation immigrants. Aliens subject to the worldwide level specified in 
section 201(d) for merit-based, special and employment creation 
immigrants in a fiscal year shall be allotted visas as follows:'';
                    (B) striking ``employment based'' and inserting 
                ``merit-based'' and striking ``paragraphs (1), (2), and 
                (3)'' and inserting ``paragraph (1)'' in subparagraph 
                (6)(B)(i); and
                    (C) striking ``employment based'' and inserting 
                ``merit-based'' and striking ``each of paragraphs (1) 
                through (3)'' and inserting ``paragraph (1)'' in 
                subparagraph (6)(B)(iii).
            (4) Section 212(a)(4) of the Immigration and Nationality 
        Act (8 U.S.C. 1182(a)(4)) is amended by striking subparagraph 
        (D).
            (5) Section 213A(f) of the Immigration and Nationality Act 
        (8 U.S.C. 1183a(f)) is amended by:
                    (A) striking subparagraph (4);
                    (B) striking subparagraph (5) and inserting the 
                following:
            ``(4) Non-petitioning cases.--Such term also includes an 
        individual who does not meet the requirement of paragraph 
        (1)(D) but who is a spouse, parent, mother in law, father in 
        law, sibling, child (if at least 18 years of age), son, 
        daughter, son in law, daughter in law, sister in law, brother 
        in law, grandparent, or grandchild of a sponsored alien or a 
        legal guardian of a sponsored alien, meets the requirements of 
        paragraph (1) (other than subparagraph (D)), and executes an 
        affidavit of support with respect to such alien in a case in 
        which--
                    ``(A) the individual petitioning under section 204 
                for the classification of such alien died after the 
                approval of such petition; and
                    ``(B) the Secretary of Homeland Security has 
                determined for humanitarian reasons that revocation of 
                such petition under section 205 would be 
                inappropriate.'';
                    (C) redesignating subparagraph (6) as subparagraph 
                (5); and
                    (D) striking ``(6)'' and inserting ``(5)'' in 
                subparagraph (1)(E).
            (6) Section 212(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(a)) is amended by striking paragraph (5).
            (7) Section 218(g)(3) of the Immigration and Nationality 
        Act (8 U.S.C. 1188) is amended by striking paragraph (3) and 
        redesignating paragraph (4) as paragraph (3).
            (8)(A) Section 207(c)(3) of the Immigration and Nationality 
        Act (8 U.S.C. 1157(c)(3)) is amended by striking ``(5),'' in 
        the first sentence.
            (B) Section 209(c) of the Immigration and Nationality Act 
        (8 U.S.C. 1159(c)) is amended by striking ``(5),'' in the 
        second sentence.
            (C) Section 210(c)(2)(A) of the Immigration and Nationality 
        Act (8 U.S.C. 1160(c)(2)(A)) is amended by striking 
        ``paragraphs (5) and,'' and inserting ``paragraph''.
            (D) Section 237(a)(1)(H)(i)(II) of the Immigration and 
        Nationality Act (8 U.S.C. 1227(a)(1)(H)(i)(II)) is amended by 
        striking ``paragraphs (5) and,'' and inserting ``paragraph''.
            (E) Section 245(h)(2)(A) of the Immigration and Nationality 
        Act (8 U.S.C. 1255(h)(2)(A)) is amended by striking 
        ``(5)(a),''.
            (F) Section 245A(d)(2)(A) of the Immigration and 
        Nationality Act (8 U.S.C. 1255a(d)(2)(A)) is amended by 
        striking ``paragraphs (5) and,'' and inserting ``paragraph''.
            (G) Section 286(s)(6) of the Immigration and Nationality 
        Act (8 U.S.C. 1356(s)(6) is amended by striking ``and section 
        212(a)(5)(A)''.
    (f) References to Secretary of Homeland Security.--
            (1) Section 203 of the Immigration and Nationality Act (8 
        U.S.C. 1153) is amended by striking ``Attorney General'' each 
        place it appears and inserting ``Secretary of Homeland 
        Security''.
            (2) Section 204 of the Immigration and Nationality Act (8 
        U.S.C. 1154) is amended by striking ``Attorney General'' each 
        place it appears, except for section 204(f)(4)(B), and 
        inserting ``Secretary of Homeland Security''.

SEC. 503. REDUCING CHAIN MIGRATION AND PERMITTING PETITIONS BY 
              NATIONALS.

    (a) Cap Exempt Categories.--Paragraph (1) of section 201(b) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)) is amended by adding 
the following two new subparagraphs at the end:
                    ``(F) 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.
                    ``(G) Aliens born to an alien lawfully admitted for 
                permanent residence during a temporary visit abroad.''.
    (b) Immediate Relatives.--
            (1) Immediate relative redefined.--Paragraph (2) of section 
        201(b) of the Immigration and Nationality Act (8 U.S.C. 
        1151(b)) is amended to read as follows:
            ``(2) Immediate relatives.--
                    ``(A) In general.--For purposes of this subsection, 
                the term `immediate relative' means a child or spouse 
                of a citizen of the United States (and each child of 
                such child or spouse who is accompanying or following 
                to join the alien).
                    ``(B) Spouse of a deceased u.s. citizen.--An alien 
                who was the spouse of a citizen of the United States 
                and not legally separated from the citizen at the time 
                of the citizen's death, who was married to the citizen 
                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, who 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 each child of such alien, 
                may 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.
                    ``(C) Battered spouse or child.--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.''.
            (2) Petition.--Section 204(a)(1)(A)(ii) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(A)(ii)) is amended by 
        striking ``in the second sentence of section 201(b)(2)(A)(i)'' 
        and inserting ``in section 201(b)(2)(B)''.
    (c) Preference Categories.--Section 203(a) of the Immigration and 
Nationality Act (8 U.S.C. 1153(a)) is amended:
            (1) By striking paragraph (1) and inserting the following:
            ``(1) Parents of a citizen of the United States if the 
        citizen is at least 21 years of age. Qualified immigrants who 
        are the parents of a citizen of the United States where the 
        citizen is at least 21 years of age shall be allocated visas in 
        a number not to exceed 40,000, plus any visas not required for 
        the classes specified in paragraph (3), or''.
            (2) By striking paragraph (2) and inserting the following:
            ``(2) Spouses or children of an alien lawfully admitted for 
        permanent residence or a national. Qualified immigrants who are 
        the spouses or children of an alien lawfully admitted for 
        permanent residence or a noncitizen national of the United 
        States as defined in section 101(a)(22)(B) of this Act who is 
        resident in the United States shall be allocated visas in a 
        number not to exceed 87,000, plus any visas not required for 
        the class specified in paragraph (1)''
            (3) By striking paragraph (3) and inserting the following:
            ``(3) Family-based visa petitions filed before january 1, 
        2007, for which visas will be available before january 1, 
        2027.--
                    ``(A) In general.--The allocation of immigrant 
                visas described in paragraph (4) shall apply to an 
                alien for whom--
                            ``(i) a family-based visa petition was 
                        filed on or before January 1, 2007; and
                            ``(ii) as of January 1, 2007, the Secretary 
                        of Homeland Security calculates under 
                        subparagraph (B) that a visa can reasonably be 
                        expected to become available before January 1, 
                        2027.
                    ``(B) Reasonable expectation of availablity of 
                visas.--In calculating the date on which a family-based 
                visa can reasonably be expected to become available for 
                an alien described in subparagraph (A), the Secretary 
                of Homeland Security shall take into account--
                            ``(i) the number of visas allocated 
                        annually for the family preference class under 
                        which the alien's petition was filed;
                            ``(ii) the effect of any per country 
                        ceilings applicable to the alien's petition;
                            ``(iii) the number of petitions filed 
                        before the alien's petition was filed that were 
                        filed under the same family preference class; 
                        and
                            ``(iv) the rate at which visas made 
                        available in the family preference class under 
                        which the alien's petition was filed were 
                        unclaimed in previous years.
            ``(4) Allocation of family-based immigrant visas.--
        Immigrant visas totaling 440,000 shall be allotted visas as 
        follows:
                    ``(A) Qualified immigrants who are the unmarried 
                sons or daughters of citizens of the United States 
                shall be allocated visas totaling 70,400 immigrant 
                visas, plus any visas not required for the class 
                specified in (D).
                    ``(B) Qualified immigrants who are the unmarried 
                sons or unmarried daughters of an alien lawfully 
                admitted for permanent residence, shall be allocated 
                visas totaling 110,000 immigrant visas, plus any visas 
                not required for the class specified in (A).
                    ``(C) Qualified immigrants who are the married sons 
                or married daughters of citizens of the United States 
                shall be allocated visas totaling 70,400 immigrant 
                visas, plus any visas not required for the class 
                specified in (A) and (B).
                    ``(D) Qualified immigrants who are the brothers or 
                sisters of citizens of the United States, if such 
                citizens are at least 21 years of age, shall be 
                allocated visas totaling 189,200 immigrant visas, plus 
                any visas not required for the class specified in (A), 
                (B), and (C).''.
            (4) By striking paragraph (4).
    (d) Petition.--Section 204(a)(1)(A)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) is amended by striking ``, 
(3), or (4)'' after ``paragraph (1)''.
    (e) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the first day of the fiscal year subsequent to 
        the fiscal year of enactment.
            (2) Pending and approved petitions.--Petitions for a 
        family-sponsored visa filed for classification under section 
        203(a)(1), (2)(B), (3), or (4) of the Immigration and 
        Nationality Act (as such provisions existed prior to the 
        enactment of this section) which were filed before May 1, 2005, 
        regardless of whether the petitions have been approved before 
        May 1, 2005, shall be treated as if such provision remained in 
        effect, and an approved petition may be the basis of an 
        immigrant visa pursuant to section 203(a)(3).
    (f) Determinations of Number of Intending Lawful Permanent 
Residents.--
            (1) Survey of pending and approved family-based 
        petitions.--The Secretary of Homeland Security may require a 
        submission from petitioners with approved or pending family-
        based petitions filed for classification under section 
        203(a)(1), (2)(B), (3), or (4) of the Immigration and 
        Nationality Act (as such provisions existed prior to the 
        enactment of this section) filed on or before May 1, 2005 to 
        determine that the petitioner and the beneficiary have a 
        continuing commitment to the petition for the alien relative 
        under the classification. In the event the Secretary requires a 
        submission pursuant to this section, the Secretary shall take 
        reasonable steps to provide notice of such a requirement. In 
        the event that the petitioner or beneficiary is no longer 
        committed to the beneficiary obtaining an immigrant visa under 
        this classification or if the petitioner does not respond to 
        the request for a submission, the Secretary of Homeland 
        Security may deny the petition if the petition has not been 
        adjudicated or revoke the petition without additional notice 
        pursuant to section 205 if it has been approved.
            (2) First survey of z nonimmigrants intending to adjust 
        status.--The Secretary shall establish procedures by which 
        nonimmigrants described in section 101(a)(15)(Z) who seek to 
        become aliens lawfully admitted for permanent residence under 
        the merit-based immigrant system shall establish their 
        eligibility, pay any applicable fees and penalties, and file 
        their petitions. No later than the conclusion of the eighth 
        fiscal year after the effective date of section 218D of the 
        Immigration and Nationality Act, the Secretary will determine 
        the total number of qualified applicants who have followed the 
        procedures set forth in this section. The number calculated 
        pursuant to this paragraph shall be 20 percent of the total 
        number of qualified applicants. The Secretary will calculate 
        the number of visas needed per year.
            (3) Second survey of z nonimmigrants intending to adjust 
        status.--No later than the conclusion of the thirteenth fiscal 
        year after the effective date of section 218D of the 
        Immigration and Nationality Act, the Secretary will determine 
        the total number of qualified applicants not described in 
        paragraph (2) who have followed the procedures set forth in 
        this section. The number calculated pursuant to this paragraph 
        shall be the lesser of:
                    (A) the number of qualified applicants, as 
                determined by the Secretary pursuant to this paragraph; 
                and
                    (B) the number calculated pursuant to paragraph 
                (2).
    (g) Conforming Amendments.--
            (1) Section 212(d)(12)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(12)(B)) is amended by 
        striking ``201(b)(2)(A)'' and inserting ``201(b)(2)'';
            (2) Section 101(a)(15)(K) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended by 
        striking ``201(b)(2)(A)(i)'' and inserting ``201(b)(2)'';
            (3) Section 204(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1154(a)) is amended by striking ``201(b)(2)(A)(i)'' 
        each place it appears and inserting ``201(b)(2)'';
            (4) Section 214(r)(3)(A) of the Immigration and Nationality 
        Act (8 U.S.C. 1184(r)(3)(A)) is amended by striking 
        ``201(b)(2)(A)(i)'' and inserting ``201(b)(2)''.

SEC. 504. CREATION OF PROCESS FOR IMMIGRATION OF FAMILY MEMBERS IN 
              HARDSHIP CASES.

    (a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by adding a new section 203A reading:

``SEC. 203A. IMMIGRANT VISAS FOR HARDSHIP CASES.

    ``(a) In General.--Immigrant visas under this section may not 
exceed 5,000 per fiscal year.
    ``(b) Determination of Eligibility.--The Secretary of Homeland 
Security may grant an immigrant visa to an applicant who satisfies the 
following qualifications:
            ``(1) Family relationship.--Visas under this section will 
        be given to aliens who are:
                    ``(A) the unmarried sons or daughters of citizens 
                of the United States;
                    ``(B) the unmarried sons or the unmarried daughters 
                of aliens lawfully admitted for permanent residence;
                    ``(C) the married sons or married daughters of 
                citizens of the United States; or
                    ``(D) the brothers or sisters of citizens of the 
                United States, if such citizens are at least 21 years 
                of age,
            ``(2) Necessary hardship.--The petitioner must demonstrate 
        to the satisfaction of the Secretary of Homeland Security that 
        the lack of an immigrant visa under this clause would result in 
        extreme hardship to the petitioner or the beneficiary that 
        cannot be relieved by temporary visits as a nonimmigrant.
            ``(3) Ineligibility to immigrate through other means.--The 
        alien described in clause (1) must be ineligible to immigrate 
        or adjust status through other means, including but not limited 
        to obtaining an immigrant visa filed for classification under 
        section 201(b)(2)(A) or section 203(a) or (b) of this Act, and 
        obtaining cancellation of removal under section 240A(b) of this 
        Act. A determination under this section that an alien is 
        eligible to immigrate through other means does not foreclose or 
        restrict any later determination on the question of eligibility 
        by the Secretary of Homeland Security or the Attorney General.
    ``(c) Processing of Applications.--
            ``(1) An alien selected for an immigrant visa pursuant to 
        this section shall remain eligible to receive such visa only if 
        the alien files an application for an immigrant visa or an 
        application for adjustment of status within the fiscal year in 
        which the visa becomes available, or at such reasonable time as 
        the Secretary may specify after the end of the fiscal year for 
        petitions approved in the last quarter of the fiscal year.
            ``(2) All petitions for an immigrant visa under this 
        section shall automatically terminate if not granted within the 
        fiscal year in which they were filed. The Secretary may in his 
        discretion establish such reasonable application period or 
        other procedures for filing petitions as he may deem necessary 
        in order to ensure their orderly processing within the fiscal 
        year of filing.
            ``(3) The secretary may reserve up to 2,500 of the 
        immigrant visas under this section for approval in the period 
        between March 31 and September 30 of a fiscal year.
    ``(d) Decisions whether an alien qualifies for an immigrant visa 
under this section are in the unreviewable discretion of the 
Secretary.''.

SEC. 505. ELIMINATION OF DIVERSITY VISA PROGRAM.

    (a) Section 201 of the Immigration and Nationality Act (8 U.S.C. 
1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Section 203 of the Immigration and Nationality Act (8 U.S.C. 
1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Section 204 of the Immigration and Nationality Act (8 U.S.C. 
1154) is amended--
            (1) by striking subsection (a)(1)(I);
            (2) by redesignating subparagraphs (J), (K), and (L) of 
        subsection (a)(1) as subparagraphs (I), (J), and (K), 
        respectively; and
            (3) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.
    (d) Repeal of Temporary Reduction in Visas for Other Workers.--
Section 203(e) of the Nicaraguan Adjustment and Central American Relief 
Act, as amended (Public Law 105-100; 8 U.S.C. 1153 note), is repealed.
    (e) Effective Date.--
            (1) The amendments made by this section shall take effect 
        on October 1, 2008;
            (2) No alien may receive lawful permanent resident status 
        based on the diversity visa program on or after the effective 
        date of this section.
    (g) Conforming Amendments.--Section 203 of the Immigration and 
Nationality Act (8 U.S.C. 1153(a)) is amended by redesignating 
paragraphs (d), (e), (f), (g), and (h) as paragraphs (c), (d), (e), 
(f), and (g), respectively.

SEC. 506. FAMILY VISITOR VISAS.

    (a) Section 101(a)(15)(B) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(B)) is amended to read as follows:
                    ``(B) an alien (other than one coming for the 
                purpose of study or of performing skilled or unskilled 
                labor or as a representative of foreign press, radio, 
                film, or other foreign information media coming to 
                engage in such vocation) having a residence in a 
                foreign country which he or she has no intention of 
                abandoning and who is visiting the United States 
                temporarily for business or temporarily for pleasure. 
                The requirement that the alien have a residence in a 
                foreign country which the alien has no intention of 
                abandoning shall not apply to an alien described in 
                section 214(s) who is seeking to enter as a temporary 
                visitor for pleasure;''.
    (b) Section 214 of the Immigration and Nationality Act (8 U.S.C. 
1184) is amended by adding at the end the following new subsection:
    ``(s) Parent Visitor Visas.--
            ``(1) In general.--The parent of a United States citizen at 
        least 21 years of age, or the spouse or child of an alien in 
        nonimmigrant status under 101(a)(15)(Y)(i), demonstrating 
        satisfaction of the requirements of this subsection may be 
        granted a nonimmigrant visa under section 101(a)(15)(B) as a 
        temporary visitor for pleasure.
            ``(2) Requirements.--An alien seeking a nonimmigrant visa 
        under this subsection must demonstrate through presentation of 
        such documentation as the Secretary may by regulations 
        prescribe, that--
                    ``(A) the alien's United States citizen son or 
                daughter who is at least 21 years of age or the alien's 
                spouse or parent in nonimmigrant status under 
                101(a)(15)(Y)(i), is sponsoring the alien's visit to 
                the United States;
                    ``(B) the sponsoring United States citizen, or 
                spouse or parent in nonimmigrant status under 
                101(a)(15)(Y)(i), has, according to such procedures as 
                the Secretary may by regulations prescribe, posted on 
                behalf of the alien a bond in the amount of $1,000, 
                which shall be forfeit if the alien overstays the 
                authorized period of admission (except as provided in 
                subparagraph (5)(B)) or otherwise violates the terms 
                and conditions of his or her nonimmigrant status; and
                    ``(C) the alien, the sponsoring United States 
                citizen son or daughter, or the spouse or parent in 
                nonimmigrant status under 101(a)(15)(Y)(i), possesses 
                the ability and financial means to return the alien to 
                his or her country of residence.
            ``(3) Terms and conditions.--An alien admitted as a visitor 
        for pleasure under the provisions of this subsection--
                    ``(A) may not stay in the United States for an 
                aggregate period in excess of 30 days within any 
                calendar year;
                    ``(B) must, according to such procedures as the 
                Secretary may by regulations prescribe, register with 
                the Secretary upon departure from the United States; 
                and
                    ``(C) may not be issued employment authorization by 
                the Secretary or be employed.
            ``(4) Certification.--
                    ``(A) Report.--No later than January 1 of each 
                year, the Secretary of Homeland Security shall submit a 
                written report to Congress estimating the percentage of 
                aliens admitted to the United States during the 
                preceding fiscal year as visitors for pleasure under 
                the terms and conditions of this subsection who have 
                remained in the United States beyond their authorized 
                period of admission (except as provided in subparagraph 
                (5)(B)). When preparing this report, the Secretary 
                shall determine which countries, if any, have a 
                disproportionately high rate of nationals overstaying 
                their period of authorized admission under this 
                subsection.
                    ``(B) Termination of eligibility of nationals of 
                certain countries.--Except as provided in subparagraph 
                (C), if the Secretary reports under subparagraph (A) 
                for two consecutive fiscal years that the percentage of 
                aliens overstaying their period of authorized admission 
                exceeds 7 percent, the Secretary may, in his 
                discretion, determine that no more visas under this 
                section may be issued for those countries whose 
                nationals have a disproportionately high rate of aliens 
                overstaying their period of authorized admission under 
                this subsection.
                    ``(C) Termination of the program.--Notwithstanding 
                subparagraph (B), if the Secretary reports under 
                subparagraph (A) for two consecutive fiscal years that 
                the percentage of aliens overstaying their period of 
                authorized admission under this subsection exceeds 7 
                percent and the percentage is not significantly 
                affected by countries whose nationals have a 
                disproportionately high rate of aliens overstaying 
                their period of authorized admission, the Secretary 
                may, in his discretion, determine that no more visas 
                may be issued under this subsection as of the date of 
                the second consecutive report described in subparagraph 
                (A) finding an overstay rate in excess of 7 percent.
                    ``(D) Effect on existing visas.--In the event the 
                Secretary determines to that no more visas shall be 
                issued under subparagraphs (B) or (C), all visas 
                previously issued under this subsection and still valid 
                on the date that the Secretary determines that no more 
                visas should be issued shall expire on the visa's date 
                of expiration or 12 months after the date of the 
                determination, whichever is soonest.
            ``(5) Permanent bars for overstays.--
                    ``(A) In general.--Any alien admitted as a visitor 
                for pleasure under the terms and conditions of this 
                subsection who remains in the United States beyond his 
                or her authorized period of admission is permanently 
                barred from any future immigration benefits under the 
                immigration laws, except--
                            ``(i) asylum under section 208(a);
                            ``(ii) withholding of removal under section 
                        241(b)(3); or
                            ``(iii) protection under the Convention 
                        Against Torture and Other Cruel, Inhuman or 
                        Degrading Treatment or Punishment, done at New 
                        York December 10, 1984.
                    ``(B) Exception.--Overstay of the authorized period 
                of admission granted to aliens admitted as visitors for 
                pleasure under the terms and conditions of this 
                subsection may be excused in the discretion of the 
                Secretary where it is demonstrated that--
                            ``(i) the period of overstay was due to 
                        extraordinary circumstances beyond the control 
                        of the applicant, and the Secretary finds the 
                        period commensurate with the circumstances; and
                            ``(ii) the alien has not otherwise violated 
                        his or her nonimmigrant status.
            ``(6) Bar on sponsor of overstay.--The United States 
        citizen or Y-1 nonimmigrant sponsor of an alien--
                    ``(A) admitted as a visitor for pleasure under the 
                terms and conditions of this subsection, and
                    ``(B) who remains in the United States beyond his 
                or her authorized period of admission,
        shall be permanently barred from sponsoring that alien or any 
        other alien for admission as a visitor for pleasure under the 
        terms and conditions of this subsection, and, in the case of a 
        Y-1 nonimmigrant sponsor, shall have his Y-1 nonimmigrant 
        status terminated.
            ``(7) Construction.--Nothing in this subsection shall be 
        construed, except as provided in this subsection, to make 
        inapplicable the requirements for admissibility and 
        eligibility, as well as the terms and conditions of admission, 
        as a nonimmigrant under section 101(a)(15)(B).''.

SEC. 507. PREVENTION OF VISA FRAUD.

    (a) Section 204 of the Immigration and Nationality Act (8 U.S.C. 
1154) is amended by adding a paragraph at the end:
    ``(h) Fraud Prevention.--The Secretary of Homeland Security may 
audit and evaluate the information furnished as part of the 
applications filed under subsection (a) and refer evidence of fraud to 
appropriate law enforcement agencies based on the audit information.''.
    (b) Sections 286(v)(2)(B) and (C) of the Immigration and 
Nationality Act (8 U.S.C. 1356(v)(2)(B), (C)) are amended to read as 
follows:
                    ``(B) Secretary of homeland security.--One-third of 
                the amounts deposited into the Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of Homeland Security until expended for 
                programs and activities to prevent and detect 
                immigration benefit fraud, including but not limited to 
                fraud with respect to petitions under paragraph (1) or 
                (2)(A) of section 214(c) to grant an alien nonimmigrant 
                status described in subparagraph (H)(i), (H)(ii), or 
                (L) of section 101(a)(15).
                    ``(C) Secretary of labor.--One third of the amounts 
                deposited into the Fraud Prevention and Detection 
                Account shall remain available to the Secretary of 
                Labor until expended for enforcement programs and 
                activities described in section 212(n), and for 
                enforcement programs, and fraud detection and 
                prevention activities not otherwise authorized under 
                212(n), to be conducted by the Secretary of Labor that 
                focus on industries likely to employ nonimmigrants.''.

SEC. 508. INCREASING PER-COUNTRY LIMITS FOR FAMILY-BASED AND 
              EMPLOYMENT-BASED IMMIGRANTS.

    (a) Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)) is amended by amending paragraph (2) to read as follows:
            ``(2) Per country levels for family-sponsored and merit-
        based immigrants.--Subject to paragraphs (3), (4), (5), (6), 
        and (7), the total number of immigrant visas made available to 
        natives of any single foreign state or dependent area under 
        subsections (a) and (b) of section 203 in any fiscal year may 
        not exceed 10 percent (in the case of a single foreign state) 
        or 3 percent (in the case of a dependent area) of the total 
        number of such visas made available under such subsections in 
        that fiscal year;''.
    (b) Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)) is amended by adding at the end the following:
            ``(6) Rules for certain family-based petition filed before 
        may 1, 2005.--In the event that the per country levels in 
        paragraph (2) prevent the use of otherwise available visas 
        described in section 201(c)(1)(B), then the per country level 
        will not apply for such visas.
            ``(7) Exception for z nonimmigrants.--Paragraph (2) shall 
        not apply to aliens who are nonimmigrants described in section 
        101(a)(15)(Z) of this Act who are eligible to seek lawful 
        permanent resident status based on a petition for 
        classification under section 203(b)(1) of this Act.''.

SEC. 509. EXEMPTION FROM IMMIGRANT VISA LIMIT.

    Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by inserting 
after subparagraph (G), as added by section 503 of this Act, the 
following:
                    ``(H) Aliens who are eligible for a visa under 
                paragraph (1) or (3) of section 203(a) and who have a 
                parent who was naturalized pursuant to section 405 of 
                the Immigration Act of 1990 (8 U.S.C. 1440 note).''.

  TITLE VI--NONIMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN UNLAWFUL 
                                 STATUS

    Sec. 601. (a) In General.--Notwithstanding any other provision of 
law, (including section 244(h) of the Immigration and Nationality Act 
(hereinafter ``the Act'') (8 U.S.C. 1254a(h)), the Secretary may permit 
an alien, or dependent of such alien, described in this section, to 
remain lawfully in the United States under the conditions set forth in 
this title.
    (b) Definition of Z Nonimmigrants.--Section 101(a)(15) of the Act 
(8 U.S.C. 1101(a)(15)) is amended by inserting at the end the following 
new subparagraph--
                    ``(Z) subject to Title VI of the [Insert title of 
                Act], an alien who--
                            ``(i) is physically present in the United 
                        States, has maintained continuous physical 
                        presence in the United States since January 1, 
                        2007, is employed, and seeks to continue 
                        performing labor, services or education; or
                            ``(ii) is physically present in the United 
                        States, has maintained continuous physical 
                        presence in the United States since January 1, 
                        2007, and--
                                    ``(I) is the spouse or parent (65 
                                years of age or older) of an alien 
                                described in (i); or
                                    ``(II) was, within two years of the 
                                date on which [Name of this Act] was 
                                introduced, the spouse of an alien who 
                                was subsequently classified as a Z 
                                nonimmigrant under this section, or is 
                                eligible for such classification, if--
                                            ``(aa) the termination of 
                                        the relationship with such 
                                        spouse was connected to 
                                        domestic violence; and
                                            ``(bb) the spouse has been 
                                        battered or subjected to 
                                        extreme cruelty by the spouse 
                                        or parent who is a Z 
                                        nonimmigrant.
                            ``(iii) is under 18 years of age at the 
                        time of application for nonimmigrant status 
                        under this subparagraph, is physically present 
                        in the United States, has maintained continuous 
                        physical presence in the United States since 
                        January 1, 2007, and was born to or legally 
                        adopted by at least one parent who is at the 
                        time of application described in (i) or (ii).''
    (c) Presence in the United States.--
            (1) In general.--The alien shall establish that the alien 
        was not present in lawful status in the United States on 
        January 1, 2007, under any classification described in section 
        101(a)(15) of the Act (8 U.S.C. 1101(a)(15)) or any other 
        immigration status made available under a treaty or other 
        multinational agreement that has been ratified by the Senate.
            (2) Continuous presence.--For purposes of this section, an 
        absence from the United States without authorization for a 
        continuous period of 90 days or more than 180 days in the 
        aggregate shall constitute a break in continuous physical 
        presence.
    (d) Other Criteria.--
            (1) Grounds of ineligibility.--An alien is ineligible for Z 
        nonimmigrant status if the Secretary determines that the 
        alien--
                    (A)(1) is inadmissible to the United States under 
                section 212(a) of the Act (8 U.S.C. 1182(a)), except as 
                provided in paragraph (2);
                    (2) Nothing in this paragraph shall require the 
                Secretary to commence removal proceedings against an 
                alien.
                    (B) is subject to the execution of an outstanding 
                administratively final order of removal, deportation, 
                or exclusion;
                    (C) is described in or is subject to section 
                241(a)(5) of the Act;
                    (D) has ordered, incited, assisted, or otherwise 
                participated in the persecution of any person on 
                account of race, religion, nationality, membership in a 
                particular social group, or political opinion;
                    (E) is an alien--
                            (i) for whom there are reasonable grounds 
                        for believing that the alien has committed a 
                        serious criminal offense as described in 
                        section 101(h) of the Act outside the United 
                        States before arriving in the United States; or
                            (ii) for whom there are reasonable grounds 
                        for regarding the alien as a danger to the 
                        security of the United States; or
                     (F) has been convicted of--
                            (i) a felony;
                            (ii) an aggravated felony as defined at 
                        section 101(a)(43) of the Act;
                            (iii) 3 or more misdemeanors under Federal 
                        or State law; or
                            (iv) a serious criminal offense as 
                        described in section 101(h) of the Act;
                    (G) has entered or attempted to enter the United 
                States illegally on or after January 1, 2007; and
                    (H) with respect to an applicant for Z-2 or Z-3 
                nonimmigrant status, a Z-2 nonimmigrant, or a Z-3 
                nonimmigrant who is under 18 years of age, the alien is 
                ineligible for Z nonimmigrant status if the principal 
                Z-1 nonimmigrant or Z-1 nonimmigrant status applicant 
                is ineligible.
                    (I) The Secretary may in his discretion waive 
                ineligibility under subparagraph (B) or (C) if the 
                alien has not been physically removed from the United 
                States and if the alien demonstrates that his departure 
                from the United States would result in extreme hardship 
                to the alien or the alien's spouse, parent or child.
            (2) Grounds of inadmissibility.--
                    (A) In general.--In determining an alien's 
                admissibility under paragraph (1)(A)--
                            (i) paragraphs (6)(A)(i) (with respect to 
                        an alien present in the United States without 
                        being admitted or paroled before the date of 
                        application, but not with respect to an alien 
                        who has arrived in the United States on or 
                        after January 1, 2007), (6)(B), (6)(C)(i), 
                        (6)(C)(ii), (6)(D), (6)(F), (6)(G), (7), 
                        (9)(B), (9)(C)(i)(I), and (10)(B) of section 
                        212(a) of the Act shall not apply, but only 
                        with respect to conduct occurring or arising 
                        before the date of application;
                            (ii) the Secretary may not waive--
                                    (I) subparagraph (A), (B), (C), 
                                (D)(ii), (E), (F), (G), (H), or (I) of 
                                section 212(a)(2) of the Act (relating 
                                to criminals);
                                    (II) section 212(a)(3) of the Act 
                                (relating to security and related 
                                grounds);
                                    (III) with respect to an 
                                application for Z nonimmigrant status, 
                                section 212(a)(6)(C)(i) of the Act;
                                    (IV) paragraph (6)(A)(i) of section 
                                212(a) of the Act (with respect to any 
                                entries occurring on or after January 
                                1, 2007);
                                    (V) section 212(a)(9)(C)(i)(II);
                                    (VI) subparagraph (A), (C), or (D) 
                                of section 212(a)(10) of the Act 
                                (relating to polygamists, child 
                                abductors, and unlawful voters);
                            (iii) the Secretary may in his discretion 
                        waive the application of any provision of 
                        section 212(a) of the Act not listed in 
                        subparagraph (B) on behalf of an individual 
                        alien for humanitarian purposes, to ensure 
                        family unity, or if such waiver is otherwise in 
                        the public interest; and
                    (B) Construction.--Nothing in this paragraph shall 
                be construed as affecting the authority of the 
                Secretary other than under this paragraph to waive the 
                provisions of section 212(a) of the Act.
    (e) Eligibility Requirements.--To be eligible for Z nonimmigrant 
status an alien shall meet the following and any other applicable 
requirements set forth in this section:
            (1) Eligibility.--The alien must not fall within a class of 
        aliens ineligible for Z nonimmigrant status listed under 
        subsection (d)(1).
            (2) Admissibility.--The alien must not be inadmissible as a 
        nonimmigrant to the United States under section 212, except as 
        provided in subsection (d)(2), regardless of whether the alien 
        has previously been admitted to the United States.
            (3) Presence.--To be eligible for Z-1 or Z-2 nonimmigrant 
        status, or for nonimmigrant status under section 
        101(a)(15)(Z)(iii)(I), the alien must--
                    (A) have been physically present in the United 
                States before January 1, 2007, and have maintained 
                continuous physical presence in the United States since 
                that date;
                    (B) be physically present in the United States on 
                the date of application for Z nonimmigrant status; and
                    (C) be on January 1, 2007, and on the date of 
                application for Z nonimmigrant status, not present in 
                lawful status in the United States under any 
                classification described in section 101(a)(15) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) 
                or any other immigration status made available under a 
                treaty or other multinational agreement that has been 
                ratified by the Senate.
            (4) Employment.--An alien seeking Z-1 nonimmigrant status 
        must be employed in the United States on the date of filing of 
        the application for Z-1 nonimmigrant status.
            (5) Fees and penalties.--
                    (A) Processing fees.--
                            (i) An alien making an initial application 
                        for Z nonimmigrant status shall be required to 
                        pay a processing fee in an amount sufficient to 
                        recover the full cost of adjudicating the 
                        application, but no more than $1,500 for a 
                        single Z nonimmigrant.
                            (ii) An alien applying for extension of his 
                        Z nonimmigrant status shall be required to pay 
                        a processing fee in an amount sufficient to 
                        cover administrative and other expenses 
                        associated with processing the extension 
                        application, but no more than $1,500 for a 
                        single Z nonimmigrant.
                    (B) Penalties.--
                            (i) An alien making an initial application 
                        for Z-1 nonimmigrant status shall be required 
                        to pay, in addition to the processing fee in 
                        subparagraph (A), a penalty of $1,000.
                            (ii) A Z-1 nonimmigrant making an initial 
                        application for Z-1 nonimmigrant status shall 
                        be required to pay a $500 penalty for each 
                        alien seeking Z-2 or Z-3 nonimmigrant status 
                        derivative to the Z-1 applicant.
                            (iii) An alien who is a Z-2 or Z-3 
                        nonimmigrant and who has not previously been a 
                        Z-1 nonimmigrant, and who changes status to 
                        that of a Z-1 nonimmigrant, shall in addition 
                        to processing fees be required to pay the 
                        initial application penalties applicable to Z-1 
                        nonimmigrants.
                    (C) State impact assistance fee.--In addition to 
                any other amounts required to be paid under this 
                subsection, a Z-1 nonimmigrant making an initial 
                application for Z-1 nonimmigrant status shall be 
                required to pay a State impact assistance fee equal to 
                $500.
                    (D) Deposit and spending of fees.--The processing 
                fees under subparagraph (A) shall be deposited and 
                remain available until expended as provided by sections 
                286(m) and (n).
                    (E) Deposit, allocation, and spending of 
                penalties.--
                            (i) Deposit of penalties.--The penalty 
                        under subparagraph (B) shall be deposited and 
                        remain available as provided by section 286(w).
                            (ii) Deposit of state impact assistance 
                        funds.--The funds under subparagraph (C) shall 
                        be deposited and remain available as provided 
                        by section 286(x).
            (6) Interview.--An applicant for Z nonimmigrant status must 
        appear to be interviewed.
            (7) 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.
    (f) Application Procedures.--
            (1) In general.--The Secretary of Homeland Security shall 
        prescribe by notice in the Federal Register, in accordance with 
        the procedures described in section 610 of the [NAME OF THIS 
        ACT], the procedures for an alien in the United States to apply 
        for Z nonimmigrant status and the evidence required to 
        demonstrate eligibility for such status.
            (2) Initial receipt of applications.--The Secretary of 
        Homeland Security, or such other entities as are authorized by 
        the Secretary to accept applications under the procedures 
        established under this subsection, shall accept applications 
        from aliens for Z nonimmigrant status for a period of one year 
        starting the first day of the first month beginning no more 
        than 180 days after the date of enactment of this section. If, 
        during the one-year initial period for the receipt of 
        applications for Z nonimmigrant status, the Secretary of 
        Homeland Security determines that additional time is required 
        to register applicants for Z nonimmigrant status, the Secretary 
        may in his discretion extend the period for accepting 
        applications by up to 12 months.
            (3) Biometric data.--Each alien applying for Z nonimmigrant 
        status must submit biometric data in accordance with procedures 
        established by the Secretary of Homeland Security.
    (g) Content of Application Filed by Alien.--
            (1) Application form.--The Secretary of Homeland Security 
        shall create an application form that an alien shall be 
        required to complete as a condition of obtaining Z nonimmigrant 
        status.
            (2) Application information.--
                    (A) In general.--The application form shall request 
                such information as the Secretary deems necessary and 
                appropriate, including but not limited to, information 
                concerning the alien's physical and mental health; 
                complete criminal history, including all arrests and 
                dispositions; gang membership, renunciation of gang 
                affiliation; immigration history; employment history; 
                and claims to United States citizenship.
            (3) Security and law enforcement background checks.--
                    (A) Submission of fingerprints.--The Secretary may 
                not accord Z nonimmigrant status unless the alien 
                submits fingerprints and other biometric data in 
                accordance with procedures established by the 
                Secretary.
                    (B) Background checks.--The Secretary shall utilize 
                fingerprints and other biometric data provided by the 
                alien to conduct appropriate background checks of such 
                alien to search for criminal, national security, or 
                other law enforcement actions that would render the 
                alien ineligible for classification under this section.
    (h) Treatment of Applicants.--
            (1) In general.--An alien who files an application for Z 
        nonimmigrant status shall, upon submission of any evidence 
        required under paragraphs (f) and (g) and after the Secretary 
        has conducted appropriate background checks, to include name 
        and fingerprint checks, that have not by the end of the next 
        business day produced information rendering the applicant 
        ineligible--
                    (A) be granted probationary benefits in the form of 
                employment authorization pending final adjudication of 
                the alien's application;
                    (B) may in the Secretary's discretion receive 
                advance permission to re-enter the United States 
                pursuant to existing regulations governing advance 
                parole;
                    (C) may not be detained for immigration purposes, 
                determined inadmissible or deportable, or removed 
                pending final adjudication of the alien's application, 
                unless the alien is determined to be ineligible for Z 
                nonimmigrant status; and
                    (D) may not be considered an unauthorized alien (as 
                defined in section 274A(h)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1324a(h)(3))) unless 
                employment authorization under subparagraph (A) is 
                denied.
            (2) Timing of probationary benefits.--No probationary 
        benefits shall be issued to an alien until the alien has passed 
        all appropriate background checks or the end of the next 
        business day, whichever is sooner.
            (3) Construction.--Nothing in this section shall be 
        construed to limit the Secretary's authority to conduct any 
        appropriate background and security checks subsequent to 
        issuance of evidence of probationary benefits under paragraph 
        (4).
            (4) Probationary authorization document.--The Secretary 
        shall provide each alien described in paragraph (1) with a 
        counterfeit-resistant document that reflects the benefits and 
        status set forth in paragraph (h)(1). The Secretary may by 
        regulation establish procedures for the issuance of documentary 
        evidence of probationary benefits and, except as provided 
        herein, the conditions under which such documentary evidence 
        expires, terminates, or is renewed. All documentary evidence of 
        probationary benefits shall expire no later than six months 
        after the date on which the Secretary begins to approve 
        applications for Z nonimmigrant status.
            (5) Before application period.--If an alien is apprehended 
        between the date of enactment and the date on which the period 
        for initial registration closes under subsection (f)(2), and 
        the alien can establish prima facie eligibility for Z 
        nonimmigrant status, the Secretary shall provide the alien with 
        a reasonable opportunity to file an application under this 
        section after such regulations are promulgated.
            (6) During certain proceedings.--Notwithstanding any 
        provision of the Act, if the Secretary determines that an alien 
        who is in removal proceedings is prima facie eligible for Z 
        nonimmigrant status, then the Secretary shall affirmatively 
        communicate such determination to the immigration judge. The 
        immigration judge shall then terminate or administratively 
        close such proceedings and permit the alien a reasonable 
        opportunity to apply for such classification.
    (i) Adjudication of Application Filed by Alien.--
            (1) In general.--The Secretary may approve the issuance of 
        documentation of status, as described in subsection (j), to an 
        applicant for a Z nonimmigrant visa who satisfies the 
        requirements of this section.
            (2) Evidence of continuous physical presence, employment, 
        or education.--
                    (A) Presumptive documents.--A Z nonimmigrant or an 
                applicant for Z nonimmigrant status may presumptively 
                establish satisfaction of each required period of 
                presence, employment, or study by submitting records to 
                the Secretary that demonstrate such presence, 
                employment, or study, and that the Secretary verifies 
                have been maintained by the Social Security 
                Administration, the Internal Revenue Service, or any 
                other Federal, State, or local government agency.
                    (B) Verification.--Each Federal agency, and each 
                State or local government agency, as a condition of 
                receipt of any funds under Section 286(x), shall within 
                90 days of enactment ensure that procedures are in 
                place under which such agency shall--
                            (i) consistent with all otherwise 
                        applicable laws, including but not limited to 
                        laws governing privacy, provide documentation 
                        to an alien upon request to satisfy the 
                        documentary requirements of this paragraph; or
                            (ii) notwithstanding any other provision of 
                        law, including section 6103 of title 26, United 
                        States Code, provide verification to the 
                        Secretary of documentation offered by an alien 
                        as evidence of--
                                    (I) presence or employment required 
                                under this section, or
                                    (II) a requirement for any other 
                                benefit under the immigration laws.
                    (C) Other documents.--A Z nonimmigrant or an 
                applicant for Z nonimmigrant status who is unable to 
                submit a document described in subparagraph (i) may 
                establish satisfaction of each required period of 
                presence, employment, or study 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) employer records;
                            (iv) records of a labor union or day labor 
                        center; and
                            (v) remittance records.
                    (D) Additional documents.--The Secretary may--
                            (i) designate additional documents to 
                        evidence the required period of presence, 
                        employment, or study; and
                            (ii) set such terms and conditions on the 
                        use of affidavits as is necessary to verify and 
                        confirm the identity of any affiant or 
                        otherwise prevent fraudulent submissions.
            (3) Payment of income taxes.--
                    (A) In general.--Not later than the date on which 
                status is adjusted under this section, the alien 
                establishes the payment of 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.
                    (B) 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.
                    (C) IRS cooperation.--The Secretary of the Treasury 
                shall establish rules and procedures under which the 
                Commissioner of Internal Revenue shall provide 
                documentation to an alien upon request to establish the 
                payment of all taxes required by this subparagraph.
                    (D) 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.
            (4) Burden of proof.--An alien who is applying for a Z 
        nonimmigrant visa under this section shall prove, by a 
        preponderance of the evidence, that the alien has satisfied the 
        requirements of this section.
            (5) Denial of application.--
                            (i) An alien who fails to satisfy the 
                        eligibility requirements for a Z nonimmigrant 
                        visa shall have his application denied and may 
                        not file additional applications.
                            (ii) An alien who fails to submit requested 
                        initial evidence, including requested biometric 
                        data, and requested additional evidence by the 
                        date required by the Secretary shall, except 
                        where the alien demonstrates to the 
                        satisfaction of the Secretary that such failure 
                        was reasonably excusable or was not willful, 
                        have his application considered abandoned. Such 
                        application shall be denied and the alien may 
                        not file additional applications.
    (j) Evidence of Nonimmigrant Status.--
            (1) In general.--Documentary evidence of nonimmigrant 
        status shall be issued to each Z nonimmigrant.
            (2) Features of documentation.--Documentary evidence of Z 
        nonimmigrant status:
                    (A) shall be machine-readable, tamper-resistant, 
                and shall contain a digitized photograph and other 
                biometric identifiers that can be authenticated;
                    (B) shall be designed in consultation with U.S. 
                Immigration and Customs Enforcement's Forensic Document 
                Laboratory;
                    (C) shall, during the alien's authorized period of 
                admission under subsection (k), serve as a valid travel 
                and entry document for the purpose of applying for 
                admission to the United States where the alien is 
                applying for admission at a Port of Entry.
                    (D) 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
                    (E) shall be issued to the Z nonimmigrant by the 
                Secretary of Homeland Security promptly after final 
                adjudication of such alien's application for Z 
                nonimmigrant status, except that an alien may not be 
                granted permanent Z nonimmigrant status until all 
                appropriate background checks on the alien are 
                completed to the satisfaction of the Secretary of 
                Homeland Security.
    (k) Period of Authorized Admission.--
            (1) Initial period.--The initial period of authorized 
        admission as a Z nonimmigrant shall be four years.
            (2) Extensions.--
                    (A) In general.--Z nonimmigrants may seek an 
                indefinite number of four-year extensions of the 
                initial period of authorized admission.
                    (B) Requirements.--In order to be eligible for an 
                extension of the initial or any subsequent period of 
                authorized admission under this paragraph, an alien 
                must satisfy the following requirements:
                            (i) Eligibility.--The alien must 
                        demonstrate continuing eligibility for Z 
                        nonimmigrant status;
                            (ii) English language and civics.--
                                    (I) Requirement at first renewal.--
                                At or before the time of application 
                                for the first extension of Z 
                                nonimmigrant status, an alien who is 18 
                                years of age or older must demonstrate 
                                an attempt to gain an understanding of 
                                the English language and knowledge of 
                                United States civics by taking the 
                                naturalization test described in 
                                sections 312(a)(1) and (2) by 
                                demonstrating enrollment in or 
                                placement on a waiting list for English 
                                classes.
                                    (II) Requirement at second 
                                renewal.--At or before the time of 
                                application for the second extension of 
                                Z nonimmigrant status, an alien who is 
                                18 years of age or older must pass the 
                                naturalization test described in 
                                sections 312(a)(1) and (2). The alien 
                                may make up to three attempts to 
                                demonstrate such understanding and 
                                knowledge but must satisfy this 
                                requirement prior to the expiration of 
                                the second extension of Z nonimmigrant 
                                status.
                                    (III) Exception.--The requirement 
                                of subclauses (I) and (II) shall not 
                                apply to any person who, on the date of 
                                the filing of the person's application 
                                for an extension of Z nonimmigrant 
                                status--
                                            (aa) is unable because of 
                                        physical or developmental 
                                        disability or mental impairment 
                                        to comply therewith;
                                            (bb) is over 50 years of 
                                        age and has been living in the 
                                        United States for periods 
                                        totaling at least 20 years; or
                                            (cc) is over 55 years of 
                                        age and has been living in the 
                                        United States for periods 
                                        totaling at least fifteen 
                                        years.
                                    (iii) Employment.--With respect to 
                                an extension of Z-1 or Z-3 nonimmigrant 
                                status an alien must demonstrate 
                                satisfaction of the employment or study 
                                requirements provided in subsection (m) 
                                during the alien's most recent 
                                authorized period of stay as of the 
                                date of application; and
                                    (iv) Fees.--The alien must pay a 
                                processing fee in an amount sufficient 
                                to recover the full cost of 
                                adjudicating the application, but no 
                                more than $1,500 for a single Z 
                                nonimmigrant.
                    (C) Security and law enforcement background 
                checks.--An alien applying for extension of Z 
                nonimmigrant status may be required to submit to a 
                renewed security and law enforcement background check 
                that must be completed to the satisfaction of the 
                Secretary of Homeland Security before such extension 
                may be granted.
                    (D) Timely filing and maintenance of status.--
                            (i) In general.--An extension of stay under 
                        this paragraph, or a change of status to 
                        another Z nonimmigrant status under subsection 
                        (l), may not be approved for an applicant who 
                        failed to maintain Z nonimmigrant status or 
                        where such status expired or terminated before 
                        the application was filed.
                            (ii) Exception.--Failure to file before the 
                        period of previously authorized status expired 
                        or terminated may be excused in the discretion 
                        of the Secretary and without separate 
                        application, with any extension granted from 
                        the date the previously authorized stay 
                        expired, where it is demonstrated at the time 
                        of filing that:
                                    (I) the delay was due to 
                                extraordinary circumstances beyond the 
                                control of the applicant, and the 
                                Secretary finds the delay commensurate 
                                with the circumstances; and
                                    (II) the alien has not otherwise 
                                violated his Z nonimmigrant status.
                            (iii) Exemptions from penalty and 
                        employment requirements.--An alien 
                        demonstrating extraordinary circumstances under 
                        clause (ii), including the spouse of a Z-1 
                        nonimmigrant who has been battered or has been 
                        the subject of extreme cruelty perpetrated by 
                        the Z-1 nonimmigrant, and who is changing to Z-
                        1 nonimmigrant status, may be exempted by the 
                        Secretary, in his discretion, from--
                                    (I) the requirements under 
                                subsection (m) for a period of up to 
                                180 days; and
                                    (II) the penalty provisions of 
                                section (e)(6)(B)(iii), except that the 
                                alien must pay the penalty under 
                                section (e)(6)(B) at the time of 
                                application for the alien's first 
                                subsequent extension of Z-1 
                                nonimmigrant status.
                    (E) Bars to extension.--Except as provided in 
                subparagraph (D), a Z nonimmigrant shall not be 
                eligible to extend such nonimmigrant status if:
                            (i) the alien has violated any term or 
                        condition of his or her Z nonimmigrant status, 
                        including but not limited to failing to comply 
                        with the change of address reporting 
                        requirements under section 265;
                            (ii) the period of authorized admission of 
                        the Z nonimmigrant has been terminated for any 
                        reason; or
                            (iii) with respect to a Z-2 or Z-3 
                        nonimmigrant, the principal alien's Z-1 
                        nonimmigrant status has been terminated.
    (l) Change of Status.--
            (1) Change from z nonimmigrant status.--
                    (A) In general.--A Z nonimmigrant may not change 
                status under section 248 to another nonimmigrant 
                status, except another Z nonimmigrant status or status 
                under subparagraph (U) of section 101(a)(15).
                    (B) Change from z-a status.--A Z-A nonimmigrant may 
                change status to Z nonimmigrant status at the time of 
                renewal referenced in section 214A(j)(1)(C) of the 
                Immigration and Nationality Act.
                    (C) Limit on changes.--A Z nonimmigrant may not 
                change status more than one time per 365-day period. 
                The Secretary may, in his discretion, waive the 
                application of this subparagraph to an alien if it is 
                established to the satisfaction of the Secretary that 
                application of this subparagraph would result in 
                extreme hardship to the alien.
            (2) No change to z nonimmigrant status.--A nonimmigrant 
        under the immigration laws may not change status under section 
        248 to Z nonimmigrant status.
    (m) Employment.--
            (1) Z-1 and z-3 nonimmigrants.--
                    (A) In general.--Z-1 and Z-3 nonimmigrants shall be 
                authorized to work in the United States.
                    (B) Continuous employment requirement.--All 
                requirements that an alien be employed or seeking 
                employment for purposes of this Title shall not apply 
                to an alien who is under 16 years or over 65 years of 
                age. A Z-1 or Z-3 nonimmigrant between 16 and 65 years 
                of age must remain continuously employed full time in 
                the United States as a condition of such nonimmigrant 
                status, except where--
                            (i) the alien is pursuing a full course of 
                        study at an established college, university, 
                        seminary, conservatory, trade school, academic 
                        high school, elementary school, or other 
                        academic institution or language training 
                        program;
                            (ii) the alien is employed while also 
                        engaged in study at an established college, 
                        university, seminary, conservatory, academic 
                        high school, elementary school, or other 
                        academic institution or language training 
                        program;
                            (iii) the alien cannot demonstrate 
                        employment because of a physical or mental 
                        disability (as defined under section 3(2) of 
                        the Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12102(2)) or as a result of pregnancy if 
                        such condition is evidenced by the submission 
                        of documentation prescribed by the Secretary; 
                        or
                            (iv) the alien's ability to work has been 
                        temporarily interrupted by an event that the 
                        Secretary has determined to be a force majeure 
                        interruption.
            (2) Z-2 nonimmigrants.--Z-2 nonimmigrants shall be 
        authorized to work in the United States.
            (3) Portability.--Nothing in this subsection shall be 
        construed to limit the ability of a Z nonimmigrant to change 
        employers during the alien's period of authorized admission.
    (n) Travel Outside the United States.--
            (1) In general.--A Z nonimmigrant--
                    (A) may travel outside of the United States; and
                    (B) may be readmitted (if otherwise admissible) 
                without having to obtain a visa if--
                            (i) the alien's most recent period of 
                        authorized admission has not expired;
                            (ii) the alien is the bearer of valid 
                        documentary evidence of Z nonimmigrant status 
                        that satisfies the conditions set forth in 
                        section (j); and
                            (iii) the alien is not subject to the bars 
                        on extension described in subsection (k)(2)(E).
            (2) Admissibility.--On seeking readmission to the United 
        States after travel outside the United States an alien granted 
        Z nonimmigrant status must establish that he or she is not 
        inadmissible, except as provided by subsection (d)(2).
            (3) Effect on period of authorized admission.--Time spent 
        outside the United States under paragraph (1) shall not extend 
        the most recent period of authorized admission in the United 
        States under subsection (k).
    (o) Termination of Benefits.--
            (1) In general.--Any benefit provided to a Z nonimmigrant 
        or an applicant for Z nonimmigrant status under this section 
        shall terminate if--
                    (A) the Secretary determines that the alien is 
                ineligible for such classification and all review 
                procedures under section 603 of the [Insert title of 
                Act] have been exhausted or waived by the alien;
                    (B)(i) the alien is found removable from the United 
                States under section 237 of the Immigration and 
                Nationality Act (8 U.S.C. 1227);
                    (ii) the alien becomes inadmissible under section 
                212 (except as provided in subsection (d)(2), or
                    (iii) the alien becomes ineligible under subsection 
                (d)(1);
                    (C) the alien has used documentation issued under 
                this section for unlawful or fraudulent purposes;
                    (D) in the case of the spouse or child of an alien 
                applying for a Z nonimmigrant visa or classified as a Z 
                nonimmigrant under this section, the benefits for the 
                principal alien are terminated;
                    (E) with respect to a Z-1 or Z-3 nonimmigrant, the 
                employment or study requirements under subsection (m) 
                have been violated; or
                    (F) with respect to probationary benefits, the 
                alien's application for Z nonimmigrant status is 
                denied.
            (2) Denial of immigrant visa or adjustment application.--
        Any application for an immigrant visa or adjustment of status 
        to lawful permanent resident status made under this section by 
        an alien whose Z nonimmigrant status is terminated under 
        paragraph (1) shall be denied.
            (3) Departure from the United States.--Any alien whose 
        period of authorized admission or probationary benefits is 
        terminated under paragraph (1), as well as the alien's Z-2 or 
        Z-3 nonimmigrant dependents, shall depart the United States 
        immediately.
            (4) Invalidation of documentation.--Any documentation that 
        is issued by the Secretary of Homeland Security under 
        subsection (j) or pursuant to subsection (h)(4) to any alien, 
        whose period of authorized admission terminates under paragraph 
        (1), shall automatically be rendered invalid for any purpose 
        except departure.
    (p) Revocation.--If, at any time after an alien has obtained status 
under section 601 of the [Insert title of Act] but not yet adjusted 
such status to that of an alien lawfully admitted for permanent 
residence under section 602, the Secretary may, for good and sufficient 
cause, if it appears that the alien was not in fact eligible for status 
under section 601, revoke the alien's status following appropriate 
notice to the alien.
    (q) Dissemination of Information on Z Program.--During the 2-year 
period immediately after the issuance of regulations implementing this 
title, the Secretary, in cooperation with entities approved by the 
Secretary, shall broadly disseminate information respecting Z 
classification under this section and the requirements to be satisfied 
to obtain such classification. The Secretary shall 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 
no fewer than the top five principal languages, as determined by the 
Secretary in his discretion, spoken by aliens who would qualify for 
classification under this section, including to television, radio, and 
print media to which such aliens would have access.
    (r) Definitions.--In this title and section 214A of the Immigration 
and Nationality Act:
            (1) Z nonimmigrant; z nonimmigrant worker.--The term ``Z 
        nonimmigrant worker'' means an alien admitted to the United 
        States under paragraph (Z) of subsection 101(a)(15). The term 
        does not include aliens granted probationary benefits under 
        subsection (h) and whose applications for nonimmigrant status 
        under section 101(a)(15)(Z) of the Act have not yet been 
        adjudicated.
            (2) Z-1 nonimmigrant; z-1 worker.--The term ``Z-1 
        nonimmigrant'' or ``Z-1 worker'' means an alien admitted to the 
        United States under paragraph (i)(I) of subsection 
        101(a)(15)(Z).
            (3) Z-A nonimmigrant; z-a worker.--The term ``Z-A 
        nonimmigrant'' or ``Z-A worker'' means an alien admitted to the 
        United States under paragraph (ii)(II) of subsection 
        101(a)(15)(Z).
            (4) Z-2 nonimmigrant.--The term ``Z-2 nonimmigrant'' means 
        an alien admitted to the United States under paragraph (ii) of 
        subsection 101(a)(15)(Z).
            (5) Z-3 nonimmigrant; z-3 worker.--The term ``Z-3 
        nonimmigrant'' or ``Z-3 worker'' means an alien admitted to the 
        United States under paragraph (iii) of subsection 
        101(a)(15)(Z).

SEC. 602. EARNED ADJUSTMENT FOR Z STATUS ALIENS.

    (a) Lawful Permanent Residence.--
            (1) Z-1 nonimmigrants.--
                    (A) Prohibition on immigrant visa.--A Z-1 
                nonimmigrant may not be issued an immigrant visa 
                pursuant to sections 221 and 222.
                    (B) Adjustment.--Notwithstanding sections 245 (a) 
                and (c), the status of any Z-1 nonimmigrant may be 
                adjusted by the Secretary of Homeland Security to that 
                of an alien lawfully admitted for permanent residence.
                    (C) Requirements.--A Z-1 nonimmigrant may adjust 
                status to that of an alien lawfully admitted for 
                permanent residence upon satisfying, in addition to all 
                other requirements imposed by law, including the merit 
                requirements set forth in section 203(b)(1)(A)[INSERT 
                CITE], the following requirements:
                            (i) Status.--The alien must be in valid Z-1 
                        nonimmigrant status.
                            (ii) Consular application.--
                                    (I) In general.--A Z-1 
                                nonimmigrant's application for 
                                adjustment of status to that of an 
                                alien lawfully admitted for permanent 
                                residence must be filed in person with 
                                a United States consulate abroad.
                                    (II) Place of application.--Unless 
                                otherwise directed by the Secretary of 
                                State, a Z-1 nonimmigrant applying for 
                                adjustment of status under this 
                                paragraph shall make an application at 
                                a consular office in the alien's 
                                country of origin. A consular office in 
                                a country that is not a Z-1 
                                nonimmigrant's country of origin may as 
                                a matter of discretion, or shall at the 
                                direction of the Secretary of State, 
                                accept an application for adjustment of 
                                status from such an alien.
                            (iii) Approved petition.--The alien must be 
                        the beneficiary of an approved petition under 
                        section 204 of the Act or have an approved 
                        petition that was filed pursuant to the 
                        evaluation system under section 203(b)(1)(A) of 
                        the Act.
                            (iv) Admissibility.--The alien must not be 
                        inadmissible under section 212(a), except for 
                        those grounds previously waived under 
                        subsection (d)(2).
                            (v) Fees and penalties.--In addition to the 
                        fees payable to the Secretary of Homeland 
                        Security and Secretary of State in connection 
                        with the filing of an immigrant petition and 
                        application for adjustment of status, a Z-1 
                        head of household must pay a $4,000 penalty at 
                        the time of submission of any immigrant 
                        petition on his behalf, regardless of whether 
                        the alien submits such petition on his own 
                        behalf or the alien is the beneficiary of an 
                        immigrant petition filed by another party.
                    (D) Exemptions.--Section 602(a)(1)(c)(ii) shall not 
                apply to an alien who, on the date on which the 
                application for adjustment of status is filed under 
                this section, is exempted from the employment 
                requirements under subsection (m)(1)(B)(iii).
                    (E) Failure to establish lawful admission to the 
                united states.--Unless exempted under subparagraph (D), 
                a Z immigrant who fails to depart and reenter the 
                United States in accordance with paragraph (1) may not 
                become a lawful permanent resident under this section.
            (2) Z-2 and z-3 nonimmigrants.--
                    (A) Restriction on visa issuance or adjustment.--An 
                application for an immigrant visa or for adjustment of 
                status to that of an alien lawfully admitted for 
                permanent residence of a Z-2 nonimmigrant or a Z-3 
                nonimmigrant under 18 years of age may not be approved 
                before the adjustment of status of the alien's 
                principal Z-1 nonimmigrant.
                    (B) Adjustment of status.--
                            (i) Adjustment.--Notwithstanding sections 
                        245 (a) and (c), the status of any Z-2 or Z-3 
                        nonimmigrant may be adjusted by the Secretary 
                        of Homeland Security to that of an alien 
                        lawfully admitted for permanent residence.
                            (ii) Requirements.--A Z-2 or Z-3 
                        nonimmigrant may adjust status to that of an 
                        alien lawfully admitted for permanent residence 
                        upon satisfying, in addition to all other 
                        requirements imposed by law, the following 
                        requirements:
                                    (I) Status.--The alien must be in 
                                valid Z-2 or Z-3 nonimmigrant status.
                                    (II) Approved petition.--The alien 
                                must be the beneficiary of an approved 
                                petition under section 204 of the Act 
                                or have an approved petition that was 
                                filed pursuant to the merit-based 
                                evaluation system under section 
                                203(b)(1)(A) of the Act.
                                    (III) Admissibility.--The alien 
                                must not be inadmissible under section 
                                212(a), except for those grounds 
                                previously waived under subsection 
                                (d)(2).
                                    (IV) Fees.--The alien must pay the 
                                fees payable to the Secretary of 
                                Homeland Security and Secretary of 
                                State in connection with the filing of 
                                an immigrant petition and application 
                                for an immigrant visa.
            (3) Maintenance of waivers of inadmissibility.--The grounds 
        of inadmissibility not applicable under section (d)(2) shall 
        also be considered inapplicable for purposes of admission as an 
        immigrant or adjustment pursuant to this subsection.
            (4) Application of other law.--In processing applications 
        under this subsection on behalf of aliens who have been 
        battered or subjected to extreme cruelty, the Secretary shall 
        apply--
                    (A) the provisions under section 204(a)(1)(J) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1154(a)(1)(J)); and
                    (B) the protections, prohibitions, and penalties 
                under section 384 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
            (5) Back of the line.--An alien may not adjust status to 
        that of a lawful permanent resident under this section until 30 
        days after an immigrant visa becomes available for approved 
        petitions filed under sections 201, 202, and 203 of the Act 
        that were filed before May 1, 2005.
            (6) 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 under this section 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.).
            (7) Medical examination.--An applicant for earned 
        adjustment shall undergo an appropriate medical examination 
        (including a determination of immunization status) that 
        conforms to generally accepted professional standards of 
        medical practice.
            (8) Payment of income taxes.--
                    (A) In general.--Not later than the date on which 
                status is adjusted under this section, the applicant 
                shall satisfy any applicable Federal tax liability 
                accrued during the period of Z status by establishing 
                that--
                            (i) no such tax liability exists;
                            (ii) all outstanding liabilities have been 
                        paid; or
                            (iii) the applicant has entered into, and 
                        is in compliance with, an agreement for payment 
                        of all outstanding liabilities with the 
                        Internal Revenue Service.
                    (B) IRS cooperation.--The Secretary of the Treasury 
                shall establish rules and procedures under which the 
                Commissioner of Internal Revenue shall provide 
                documentation to--
                            (i) the applicant, upon request, to 
                        establish the payment of all taxes required 
                        under this subsection; or
                            (ii) the Secretary, upon request, regarding 
                        the payment of Federal taxes by an alien 
                        applying for a benefit under this section.
            (9) Deposit of fees.--Fees collected under this paragraph 
        shall be deposited into the Immigration Examination Fee Account 
        and shall remain available as provided under subsections (m) 
        and (n) of section 286 of the Immigration and Nationality Act 
        (8 U.S.C. 1356).
            (10) Deposit of penalties.--Penalties collected under this 
        paragraph shall be deposited into the Temporary Worker Program 
        Account and shall remain available as provided under section 
        286(w) of the Immigration and Nationality Act.

SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND JUDICIAL 
              REVIEW FOR ALIENS WHO HAVE APPLIED FOR LEGAL STATUS.

    (a) Administrative Review for Aliens Who Have Applied for Status 
Under This Title.--
            (1) Exclusive review.--Administrative review of a 
        determination respecting nonimmigrant status under this title 
        shall be conducted solely in accordance with this subsection.
            (2) Administrative appellate review.--Except as provided in 
        subparagraph (b)(2), an alien whose status under this title has 
        been denied, terminated, or revoked may file not more than one 
        appeal of the denial, termination, or rescission with the 
        Secretary not later than 30 calendar days after the date of the 
        decision or mailing thereof, whichever occurs later in time. 
        The Secretary shall establish an appellate authority to provide 
        for a single level of administrative appellate review of a 
        denial, termination, or rescission of status under [this Act].
            (3) 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 newly discovered or previously 
        unavailable evidence as the administrative appellate review 
        authority may decide to consider at the time of the 
        determination.
            (4) Limitation on motions to reopen and reconsider.--During 
        the administrative appellate review process the alien may file 
        not more than one motion to reopen or to reconsider. The 
        Secretary's decision whether to consider any such motion is 
        committed to the Secretary's discretion.
    (b) Removal of Aliens Who Have Been Denied Status Under This 
Title.--
            (1) Self-initiated removal.--Any alien who receives a 
        denial under subsection (a) may request, not later than 30 
        calendar days after the date of the denial or the mailing 
        thereof, whichever occurs later in time, that the Secretary 
        place the alien in removal proceedings. The Secretary shall 
        place the alien in removal proceedings to which the alien would 
        otherwise be subject, unless the alien is subject to an 
        administratively final order of removal, provided that no court 
        shall have jurisdiction to review the timing of the Secretary's 
        initiation of such proceedings. If the alien is subject to an 
        administratively final order of removal, the alien may seek 
        review of the denial under this section pursuant to subsection 
        242(h) as though the order of removal had been entered on the 
        date of the denial, provided that the court shall not review 
        the order of removal except as otherwise provided by law.
            (2) Aliens who are determined to be ineligible due to 
        criminal convictions.--
                    (A) Aggravated felons.--Notwithstanding any other 
                provision of this Act, an alien whose application for 
                status under this title has been denied or whose status 
                has been terminated or revoked by the Secretary under 
                clause (1)(F)(ii) of subsection 601(d) of [this Act] 
                because the alien has been convicted of an aggravated 
                felony, as defined in paragraph 101(a)(43) of the INA, 
                may be placed forthwith in proceedings pursuant to 
                section 238(b) of the INA.
                    (B) Other criminals.--Notwithstanding any other 
                provision of this Act, any other alien whose 
                application for status under this title has been denied 
                or whose status has been terminated or revoked by the 
                Secretary under clauses (1)(F) (i), (iii), or (iv) of 
                subsection [CITE: 601(d)] of [this Act] may be placed 
                forthwith in removal proceedings under section 240 of 
                the INA.
                    (C) Final denial, termination or rescission.--The 
                Secretary's denial, termination, or rescission of the 
                status of any alien described in clauses (i) and (ii) 
                of this subparagraph shall be final for purposes of 
                subparagraph 242(h)(3)(C) of the INA and shall 
                represent the exhaustion of all review procedures for 
                purposes of subsections 601(h) (relating to treatment 
                of applicants) and 601(o) (relating to termination of 
                proceedings) of this Act, notwithstanding paragraph 
                (a)(2) of this section.
            (3) Limitation on motions to reopen and reconsider.--During 
        the removal process under this subsection the alien may file 
        not more than one motion to reopen or to reconsider. The 
        Secretary's or Attorney General's decision whether to consider 
        any such motion is committed to the Attorney General's 
        discretion.
    (c) Judicial Review.--Section 242 of the Immigration and 
Nationality Act is amended by adding at the end the following 
subsection (h):
    ``(h) Judicial Review of Eligibility Determinations Relating to 
Status Under Title VI of [this Act].--
            ``(1) Exclusive review.--Notwithstanding any other 
        provision of law (statutory or nonstatutory), including section 
        2241 of title 28, or any other habeas corpus provision, and 
        sections 1361 and 1651 of such title, and except as provided in 
        this subsection, no court shall have jurisdiction to review a 
        determination respecting an application for status under title 
        VI of [this Act], including, without limitation, a denial, 
        termination, or rescission of such status.
            ``(2) No review for late filings.--An alien may not file an 
        application for status under title VI of [this Act] beyond the 
        period for receipt of such applications established by 
        subsection 601(f) thereof. The denial of any application filed 
        beyond the expiration of the period established by that 
        subsection shall not be subject to judicial review or remedy.
            ``(3) Review of a denial, termination, or rescission of 
        status under title vi of [this Act].--A denial, termination, or 
        rescission of status under subsection 601 of [this Act] may be 
        reviewed only in conjunction with the judicial review of an 
        order of removal under this section, provided that:
                    ``(A) the venue provision set forth in (b)(2) shall 
                govern;
                    ``(B) the deadline for filing the petition for 
                review in (b)(1) shall control;
                    ``(C) the alien has exhausted all administrative 
                remedies available to the alien as of right, including 
                but not limited to the timely filing of an 
                administrative appeal pursuant to subsection 603(a) of 
                [this Act];
                    ``(D) the court shall decide a challenge to the 
                denial of status only on the administrative record on 
                which the Secretary's denial, termination, or 
                rescission was based;
                    ``(E) Limitation on review.--Notwithstanding any 
                other provision of law (statutory or nonstatutory), 
                including section 2241 of title 28, or any other habeas 
                corpus provision, and sections 1361 and 1651 of such 
                title, no court reviewing a denial, termination, or 
                rescission of status under Title VI of [this Act] may 
                review any discretionary decision or action of the 
                Secretary regarding any application for or termination 
                or rescission of such status; and
                    ``(F) Limitation on motions to reopen and 
                reconsider.--The alien may file not more than one 
                motion to reopen or to reconsider in proceedings 
                brought under this section.
            ``(4) Standard for judicial review.--Judicial review of the 
        Secretary's denial, termination, or rescission of status under 
        title VI of [this Act] relating to any alien shall be based 
        solely upon the administrative record before the Secretary when 
        he enters a final denial, termination, or rescission. The 
        administrative findings of fact are conclusive unless any 
        reasonable adjudicator would be compelled to conclude to the 
        contrary. The legal determinations are conclusive unless 
        manifestly contrary to law.
            ``(5) Challenges on validity of the system.--
                    ``(A) In general.--Any claim that title VI of [this 
                Act], or any regulation, written policy, or written 
                directive issued or unwritten policy or practice 
                initiated by or under the authority of the Secretary of 
                Homeland Security to implement that title, violates the 
                Constitution of the United States or is otherwise in 
                violation of law is available exclusively in an action 
                instituted in the United States District Court for the 
                District of Columbia in accordance with the procedures 
                prescribed in this paragraph. Nothing in this 
                subparagraph shall preclude an applicant for status 
                under title VI of [this Act] from asserting that an 
                action taken or decision made by the Secretary with 
                respect to his status under that title was contrary to 
                law in a proceeding under section 603 of [this Act] and 
                paragraph (b)(2) of this section.
                    ``(B) Deadlines for bringing actions.--Any action 
                instituted under this paragraph,
                            (i) must, if it asserts a claim that title 
                        VI of [this Act] or any regulation, written 
                        policy, or written directive issued by or under 
                        the authority of the Secretary to implement 
                        that title violates the Constitution or is 
                        otherwise unlawful, be filed no later than one 
                        year after the date of the publication or 
                        promulgation of the challenged regulation, 
                        policy or directive or, in cases challenging 
                        the validity of the Act, within one year of 
                        enactment; and
                            (ii) must, if it asserts a claim that an 
                        unwritten policy or practice initiated by or 
                        under the authority of the Secretary violates 
                        the Constitution or is otherwise unlawful, be 
                        filed no later than one year after the 
                        plaintiff knew or reasonably should have known 
                        of the unwritten policy or practice.
                    ``(C) Class actions.--Any claim described in 
                subparagraph (A) that is brought as a class action 
                shall be brought in conformity with Public Law 109-2 
                and the Federal Rules of Civil Procedure.''
                    ``(D) Preclusive effect.--The final disposition of 
                any claim brought under subparagraph (5)(A) shall be 
                preclusive of any such claim asserted in a subsequent 
                proceeding under this subsection or under subsection 
                603 [of this Act].
                    ``(E) Exhaustion and stay of proceedings.--No claim 
                brought under this paragraph shall require the 
                plaintiff to exhaust administrative remedies under 
                subsection 603 of [this Act], but nothing shall prevent 
                the court from staying proceedings under this paragraph 
                to permit the Secretary to evaluate an allegation of an 
                unwritten policy or practice or to take corrective 
                action. In issuing such a stay, the court shall take 
                into account any harm the stay may cause to the 
                claimant. The court shall have no authority to stay 
                proceedings initiated under any other section of the 
                INA.''

SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

    (a) In general.--Except as otherwise provided in this section, no 
Federal agency or bureau, or any officer or employee of such agency or 
bureau, may--
            (1) use the information furnished by the applicant pursuant 
        to an application filed under section 601 and 602, for any 
        purpose, other than to make a determination on the application;
            (2) make any publication through which the information 
        furnished by any particular applicant can be identified; or
            (3) permit anyone other than the sworn officers, employees 
        or contractors of such agency, bureau, or approved entity, as 
        approved by the Secretary of Homeland Security, to examine 
        individual applications that have been filed.
    (b) Required Disclosures.--The Secretary of Homeland Security and 
the Secretary of State shall provide the information furnished pursuant 
to an application filed under section 601 and 602, and any other 
information derived from such furnished information, to--
            (1) a law enforcement entity, intelligence agency, national 
        security agency, component of the Department of Homeland 
        Security, court, or grand jury 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 by such entity;
            (2) a law enforcement entity, intelligence agency, national 
        security agency, or component of the Department of Homeland 
        Security in connection with a duly authorized investigation of 
        a civil violation, in each instance about an individual suspect 
        or group of suspects, when such information is requested by 
        such entity; or
            (3) an official coroner for purposes of affirmatively 
        identifying a deceased individual, whether or not the death of 
        such individual resulted from a crime.
    (c) Inapplicability After Denial.--The limitations under subsection 
(a)--
            (1) shall apply only until an application filed under 
        section 601 and 602 is denied and all opportunities for 
        administrative appeal of the denial have been exhausted; and
            (2) shall not apply to the use of the information furnished 
        pursuant to such application in any removal proceeding or other 
        criminal or civil case or action relating to an alien whose 
        application has been granted that is based upon any violation 
        of law committed or discovered after such grant.
    (d) Criminal Convictions.--Notwithstanding any other provision of 
this section, information concerning whether the applicant has at any 
time been convicted of a crime may be used or released for immigration 
enforcement and law enforcement purposes.
    (e) Auditing and Evaluation of Information.--The Secretary may 
audit and evaluate information furnished as part of any application 
filed under sections 601 and 602, any application to extend such status 
under section 601(k), or any application to adjust status to that of an 
alien lawfully admitted for permanent residence under section 602, for 
purposes of identifying fraud or fraud schemes, and may use any 
evidence detected by means of audits and evaluations for purposes of 
investigating, prosecuting or referring for prosecution, denying, or 
terminating immigration benefits.
    (f) Use of Information in Petitions and Applications Subsequent to 
Adjustment of Status.--If the Secretary has adjusted an alien's status 
to that of an alien lawfully admitted for permanent residence pursuant 
to section 602, then at any time thereafter the Secretary may use the 
information furnished by the alien in the application for adjustment of 
status or in the applications for status pursuant to sections 601 or 
602 to make a determination on any petition or application.
    (g) Criminal Penalty.--Whoever knowingly uses, publishes, or 
permits information to be examined in violation of this section shall 
be fined not more than $10,000.
    (h) Construction.--Nothing in this section shall be construed to 
limit the use, or release, for immigration enforcement purposes of 
information contained in files or records of the Secretary or Attorney 
General pertaining to an application filed under sections 601 or 602, 
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.
    (i) References.--References in this section to section 601 or 602 
are references to sections 601 and 602 of this Act and the amendments 
made by those sections.

SEC. 605. EMPLOYER PROTECTIONS.

    (a) Copies of employment records or other evidence of employment 
provided by an alien or by an alien's employer in support of an alien's 
application for Z nonimmigrant status shall not be used in a 
prosecution or investigation (civil or criminal) of that employer under 
section 247A (8 U.S.C. 1324a) or the tax laws of the United States for 
the prior unlawful employment of that alien, regardless of the 
adjudication of such application or reconsideration by the Secretary of 
such alien's prima facie eligibility determination.
    (b) Applicability of Other Law.--Nothing in this section may be 
used to shield an employer from liability under section 274B of the 
Immigration and Nationality Act (8 U.S.C. 1324b) or any other labor or 
employment law.

SEC. 606. ENUMERATION OF SOCIAL SECURITY NUMBER.

    The Secretary of Homeland Security, in coordination with the 
Commissioner of the Social Security Administration, shall implement a 
system to allow for the prompt enumeration of a Social Security number 
after the Secretary of Homeland Security has granted an alien Z 
nonimmigrant status or any probationary benefits based upon application 
for such status.

SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS FOR PERIODS WITHOUT 
              WORK AUTHORIZATION.

    (a) Insured Status.--Section 214 of the Social Security Act (42 
U.S.C. 414) is amended by striking subsection (c) and inserting the 
following new subsections:
    ``(c)(1) Except as provided in paragraph (2), for purposes of 
subsections (a) and (b), no quarter of coverage shall be credited for 
any calendar year beginning on or after January 1, 2004, with respect 
to an individual who is not a natural-born United States citizen, 
unless the Commissioner of Social Security determines, on the basis of 
information provided to the Commissioner in accordance with an 
agreement entered into under subsection (d) or otherwise, that the 
individual was authorized to be employed in the United States during 
such quarter.
            ``(2) Paragraph (1) shall not apply to an individual who 
        was assigned a social security account number prior to January 
        1, 2004.
    ``(d) Not later than 180 days after the date of the enactment of 
this subsection, the Secretary of Homeland Security shall enter into an 
agreement with the Commissioner of Social Security to provide such 
information as the Commissioner determines necessary to carry out the 
limitation on crediting quarters of coverage under subsection (c).''.
    (b) Benefit Computation.--Section 215(e) of the Social Security Act 
(42 U.S.C. 415(e)) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) in computing the average indexed monthly earnings of 
        an individual, there shall not be counted any wages or self-
        employment income for any year for which no quarter of coverage 
        may be credited to such individual as a result of the 
        application of section 214(c).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to benefit applications filed on or after the date that is 180 
days after the date of the enactment of this Act based on the wages or 
self-employment income of an individual with respect to whom a primary 
insurance amount has not been determined under title II of the Social 
Security Act (42 U.S.C. 401 et seq.) before such date.

SEC. 608. PAYMENT OF PENALTIES AND USE OF PENALTIES COLLECTED.

    (a) The Secretary shall by regulation establish procedures allowing 
for the payment of 80 percent of the penalties described in Section 
601(e)(6)(B) and Section 602(a)(1)(C)(v) through an installment payment 
plan.
    (b) Any penalties received under this title with respect to an 
application for Z-1 nonimmigrant status shall be used in the following 
order of priority:
            (1) shall be credited as offsetting collections to 
        appropriations provided pursuant to section 611 for the fiscal 
        year in which this Act is enacted and the subsequent fiscal 
        year; and
            (2) shall be deposited and remain available as otherwise 
        provided under this title.

SEC. 609. LIMITATIONS ON ELIGIBILITY.

    (a) 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 title 18, United States Code, or any amendments made 
by the [NAME OF THIS ACT], during the period beginning on the date of 
the enactment of such Act and ending on the date on which the alien 
applies for any benefits under this title, except with respect to any 
forgery, fraud or misrepresentation on the application for Z 
nonimmigrant status filed by the alien.
    (b) Prosecution.--An alien who commits a violation of section 1543, 
1544, or 1546 of such title or any amendments made by the [NAME OF THIS 
ACT], during the period beginning on the date of the enactment of such 
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.

SEC. 610. RULEMAKING.

    (a) The Secretary shall issue an interim final rule within six 
months of the date of enactment of this subtitle to implement this 
title and the amendments made by this title. The interim final rule 
shall become effective immediately upon publication in the Federal 
Register. The interim final rule shall sunset two years after issuance 
unless the Secretary issues a final rule within two years of the 
issuance of the interim final rule.
    (b) The exemption provided under this section shall sunset no later 
than two years after the date of enactment of this subtitle, provided 
that, such sunset shall not be construed to impose any requirements on, 
or affect the validity of, any rule issued or other action taken by the 
Secretary under such exemptions.

SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

    (a) The first $4,400,000,000 of such penalties shall be deposited 
into the general fund of the Treasury as repayment of funds transferred 
into the Immigration Security Account under section 286(z)(1) of the 
Immigration and Nationality Act.
    (b) Penalties in excess of $4,400,000,000 shall be deposited and 
remain available as otherwise provided under this Act.
    (c) Sense of Congress.--It is the sense of the Congress that funds 
authorized to be appropriated under subsection (a) should be directly 
appropriated so as to facilitate the orderly and timely commencement of 
the processing of applications filed under sections 601 and 602.

                         Subtitle B--DREAM Act

SEC. 612. SHORT TITLE.

    This subtitle may be cited as the ``Development, Relief, and 
Education for Alien Minors Act of 2007'' or the ``DREAM Act of 2007''.

SEC. 613. 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. 614. 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 beginning on the date that is three years after 
        the date of enactment of this Act adjust to the status of an 
        alien lawfully admitted for permanent residence an alien who is 
        determined to be eligible for or has been issued a probationary 
        Z or Z nonimmigrant visa if the alien demonstrates that--
                    (A) the alien has been physically present in the 
                United States for a continuous period since January 1, 
                2007, is under 30 years of age on the date of 
                enactment, and had not yet reached the age of 16 years 
                at the time of initial entry;
                    (B) the alien has earned a high school diploma or 
                obtained a general education development certificate in 
                the United States;
                    (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--
                            (i) 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; or
                            (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; and
                    (F) The alien is in compliance with the eligibility 
                and admissibility criteria set forth in section 601(d).
    (b) Treatment of Period for Purposes of Naturalization.--Solely for 
purposes of title III of the Immigration and Nationality Act (8 U.S.C. 
1401 et seq.), an alien who has been granted probationary benefits 
under section 601(h) or Z nonimmigrant status and has satisfied the 
requirements of subparagraphs (a)(1)(A) through (F) shall beginning on 
the date that is eight years after the date of enactment be considered 
to have satisfied the requirements of Section 316(a)(1) of the Act (8 
U.S.C. 1427(a)(1)).
    (c) 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 adjustment of status.
    (d) 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.

SEC. 615. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this subtitle shall provide that no 
additional fee will be charged to an applicant for a Z nonimmigrant 
visa for applying for benefits under this subtitle.

SEC. 616. HIGHER EDUCATION ASSISTANCE.

    (a) Section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1623) shall have no force or 
effect with respect to an alien who is a probationary Z or Z 
nonimmigrant.
    (b) 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 title, or who is a probationary Z or Z nonimmigrant 
under this title and who meets the eligibility criteria set forth in 
section 614(a)(1)(A), (B), and (F), shall be eligible 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. 617. DELAY OF FINES AND FEES.

    (a) Payment of the penalties and fees specified in section 
601(e)(6) shall not be required with respect to an alien who meets the 
eligibility criteria set forth in section 614(a)(1)(A), (B), and (F) 
until the date that is six years and six months after the date of 
enactment of this Act or the alien reaches the age of 24, whichever is 
later. If the alien makes all of the demonstrations specified in 
section 614(a)(1) by such date, the penalties shall be waived. If the 
alien fails to make the demonstrations specified in section 614(a)(1) 
by such date, the alien's Z nonimmigrant status will be terminated 
unless the alien pays the penalties and fees specified in section 
601(e)(6) consistent with the procedures set forth in section 608 
within 90 days.
    (b) With respect to an alien who meets the eligibility criteria set 
forth in section 614(a)(1)(A) and (F), but not the eligibility criteria 
in section 614(a)(1)(B), the individual who pays the penalties 
specified in section 601(e)(6) shall be entitled to a refund when the 
alien makes all the demonstrations specified in section 614(a)(1).

SEC. 618. 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 adjustment 
        of status under section 623(a);
            (2) the number of aliens who applied for adjustment of 
        status under section 623(a); and
            (3) the number of aliens who were granted adjustment of 
        status under section 623(a).

SEC. 619. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF APPROPRIATIONS.

    (a) Regulations.--The Secretary shall issue regulations to carry 
out the amendments made by this subtitle not later than the first day 
of the seventh month that begins after the date of enactment of this 
Act.
    (b) Effective Date.--This subtitle shall take effect on the date 
that regulations required by subsection (a) are issued, regardless of 
whether such regulations are issued on an interim basis or on any other 
basis.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to 
implement this subtitle, including any sums needed for costs associated 
with the initiation of such implementation.

             PART II--CORRECTION OF SOCIAL SECURITY RECORDS

SEC. 620. CORRECTION OF SOCIAL SECURITY RECORDS.

    (a) In General.--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) who is granted nonimmigrant status pursuant 
                to section 101(a)(15)(Z-A) 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 before the date on which the alien 
        was granted such nonimmigrant 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.

                    Subtitle C--Agricultural Workers

SEC. 621. SHORT TITLE.

    This subtitle may be cited as the ``Agricultural Job Opportunities, 
Benefits, and Security Act of 2007'' or the ``AgJOBS Act of 2007''.

               PART I--ADMISSION OF AGRICULTURAL WORKERS

SEC. 622. ADMISSION OF AGRICULTURAL WORKERS.

    (a) Z-A Nonimmigrant Visa Category.--
            (1) Establishment.--Paragraph (15) of section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)), as amended 
        by section 601(b), is further amended by adding at the end the 
        following new subparagraph:
                    ``(Z-A)(i) an alien who is coming to the United 
                States to perform 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)), 
                agricultural labor under section 3121(g) of the 
                Internal Revenue Code of 1986, or the performance of 
                agricultural labor or services described in 
                subparagraph (H)(ii)(a), who meets the requirements of 
                section 214A of this Act; or
                            ``(ii) the spouse or minor child of an 
                        alien described in clause (i) who is residing 
                        in the United States.''.
    (b) Requirements for Issuance of Nonimmigrant Visa.--Chapter 2 of 
title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) 
is amended by inserting after section 214 the following new section:

``SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS.

    ``(a) Definitions.--In this section:
            ``(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 or the 
        performance of agricultural labor or services described in 
        section 101(a)(15)(H)(ii)(a).
            ``(2) Department.--The term `Department' means the 
        Department of Homeland Security.
            ``(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) Qualified designated entity.--The term `qualified 
        designated entity' means--
                    ``(A) a qualified farm labor organization or an 
                association of employers designated by the Secretary; 
                or
                    ``(B) any such other person designated by the 
                Secretary if that Secretary determines such person is 
                qualified and has substantial experience, demonstrated 
                competence, and has a history of long-term involvement 
                in the preparation and submission of applications for 
                adjustment of status under section 209, 210, or 245, 
                the Act entitled `An Act to adjust the status of Cuban 
                refugees to that of lawful permanent residents of the 
                United States, and for other purposes', approved 
                November 2, 1966 (Public Law 89-732; 8 U.S.C. 1255 
                note), Public Law 95-145 (8 U.S.C. 1255 note), or the 
                Immigration Reform and Control Act of 1986 (Public Law 
                99-603; 100 Stat. 3359) or any amendment made by that 
                Act.
            ``(5) Secretary.--Except as otherwise provided, the term 
        `Secretary' means the Secretary of Homeland Security.
            ``(6) Temporary.--A worker is employed on a `temporary' 
        basis when the employment is intended not to exceed 10 months.
            ``(7) Work day.--The term `work day' means any day in which 
        the individual is employed 5.75 or more hours in agricultural 
        employment.
            ``(8) Z-A dependent visa.--The term `Z-A dependent visa' 
        means a nonimmigrant visa issued pursuant to section 
        101(a)(15)(Z-A)(ii).
            ``(9) Z-A visa.--The term `Z-A visa' means a nonimmigrant 
        visa issued pursuant to section 101(a)(15)(Z-A)(i).
    ``(b) Authorization for Presence, Employment, and Travel in the 
United States.--
            ``(1) In general.--An alien issued a Z-A visa or a Z-A 
        dependent visa may remain in, and be employed in, the United 
        States during the period such visa is valid.
            ``(2) Authorized employment.--The Secretary shall provide 
        an alien who is granted a Z-A visa or a Z-A dependent visa an 
        employment authorized endorsement or other appropriate work 
        permit, in the same manner as an alien lawfully admitted for 
        permanent residence.
            ``(3) Authorized travel.--An alien who is granted a Z-A 
        visa or a Z-A dependent visa is authorized to travel outside 
        the United States (including commuting to the United States 
        from a residence in a foreign country) in the same manner as an 
        alien lawfully admitted for permanent residence.
    ``(c) Qualifications.--
            ``(1) Z-A visa.--Notwithstanding any other provision of 
        law, the Secretary shall, pursuant to the requirements of this 
        section, grant a Z-A visa to an alien 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, 2006;
                    (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;
                    (C) is admissible to the United States under 
                section 212, except as otherwise provided in paragraph 
                (4);
                    (D) has not been convicted of any felony or a 
                misdemeanor, an element of which involves bodily 
                injury, threat of serious bodily injury, or harm to 
                property in excess of $500; and
                    ``(E) meets the requirements of paragraph (3).
            ``(2) Z-A dependent visa.--Notwithstanding any other 
        provision of law, the Secretary shall grant a Z-A dependent 
        visa to an alien who is--
                    (A) described in section 101(a)(15)(Z-A)(ii);
                    (B) meets the requirements of paragraph (3); and
                    (C) is admissible to the United States under 
                section 212, except as otherwise provided in paragraph 
                (4).
            ``(3) Security and law enforcement background checks.--
                    (A) Fingerprints.--An alien seeking a Z-A visa or a 
                Z-A dependent visa shall submit fingerprints to the 
                Secretary at such time and in manner as the Secretary 
                may require.
                    (B) Background checks.--The Secretary shall utilize 
                fingerprints provided under subparagraph (A) and other 
                biometric data provided by an alien to