April 5, 2006 - Issue: Vol. 152, No. 42 — Daily Edition109th Congress (2005 - 2006) - 2nd Session
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TEXT OF AMENDMENTS; Congressional Record Vol. 152, No. 42
(Senate - April 05, 2006)
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[Pages S2922-S3156] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TEXT OF AMENDMENTS SA 3312. Mr. THUNE submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 252 of the amendment, between lines 2 and 3, insert the following: (13) Agreement to collect percentage of wages to offset cost of emergency health services furnished to uninsured h-2c nonimmigrants.--The employer shall collect an amount equal to 1.45 percent of the wages paid by the employer to any H-2C nonimmigrant and shall transmit such amount to the Secretary of the Treasury for deposit into the H-2C Nonimmigrant Health Services Trust Fund established under section 404(c) of the Comprehensive Immigration Reform Act of 2006 at such time and in such manner as the Secretary of the Treasury shall determine. On page 266, after line 22, add the following: (c) H-2C Nonimmigrant Health Services Trust Fund.-- (1) Creation of trust fund.--There is established in the Treasury of the United States a trust fund to be known as the ``H-2C Nonimmigrant Health Services Trust Fund'', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this subsection or under rules similar to the rules of section 9602 of the Internal Revenue Code of 1986. (2) Transfers to trust fund.--There are hereby appropriated to the H-2C Nonimmigrant Health Services Trust Fund amounts equivalent to the amounts received by the Secretary of the Treasury as a result of the provisions of section 218B(b)(13) of the Immigration and Nationality Act. (3) Expenditures from trust fund.--Amounts in the H-2C Nonimmigrant Health Services Trust Fund shall be available only for making payments by the Secretary of Health and Human Services out of the State allotments established in accordance with paragraph (4) directly to eligible providers for the provision of eligible services to H-2C nonimmigrants to the extent that the eligible provider was not otherwise reimbursed (through insurance or otherwise) for such services, as determined by such Secretary. Such payments shall be made under rules similar to the rules for making payments to eligible providers under section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (42 U.S.C. 1395dd). (4) State allotments.--Not later than January 1 of each year, the Secretary of Health and Human Services shall establish an allotment for each State equal to the product of-- (A) the total amount the Secretary of the Treasury notifies the Secretary of Health and Human Services was appropriated or credited to the H-2C Nonimmigrant Health Services Trust Fund during the preceding year; and (B) the number of H-2C nonimmigrants employed in the State during such preceding year (as determined by the Secretary of Labor). (5) Definitions.--In this subsection: (A) Eligible provider; eligible services.--The terms ``eligible provider'' and ``eligible services'' have the meanings given those terms in section 1011(e) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (42 U.S.C. 1395dd). (B) H-2C nonimmigrant.--The term ``H-2C nonimmigrant'' has the meaning given that term in section 218A(n)(7) of the Immigration and Nationality Act. ______ SA 3313. Mr. FRIST submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES. Section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) is amended-- (1) in subsection (b),, by striking ``subsection (a)'' and inserting ``subsection (a) and (d)''; and (2) by adding at the end the following: ``(d) Notwithstanding any other provision of law, except for provisions relating to revocation of citizenship under subsection (c), individuals who are not United States citizens shall not be denied the opportunity to apply for membership in the United States Armed Forces. Such individuals who become active duty members of the United States Armed Forces shall, consistent with subsections (a) through (e) and with the approval of their chain of command, be granted United States citizenship after performing at least 2 years of honorable and satisfactory service on active duty. Not later than 90 days after such requirements are met with respect to an individual, such individual shall be granted United States citizenship. ``(e) An alien described in subsection (d) shall be naturalized without regard to the requirements of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) and any other requirements, processes, or procedures of the Immigration and Naturalization Service, if the alien-- ``(1) filed an application for naturalization in accordance with such procedures to carry out this section as may be established by regulation by the Secretary of Homeland Security or the Secretary of Defense; ``(2) demonstrates to his or her military chain of command, proficiency in the English language, good moral character, and knowledge of the Federal Government and United States history, consistent with the requirements contained in the Immigration and Nationality Act; and ``(3) takes the oath required under section 337 of such Act (8 U.S.C. 1448 et seq.) and participates in an oath administration ceremony in accordance with such Act.''. ______ SA 3314. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 477, after line 23, add the following: Subtitle E--Farm Worker Transportation Safety SEC. 651. SHORT TITLE. This subtitle may be cited as the ``Farm Worker Transportation Safety Act''. SEC. 652. SEATS AND SEAT BELTS FOR MIGRANT AND SEASONAL AGRICULTURAL WORKERS. (a) Seats.--Except as provided in subsection (d), in promulgating vehicle safety standards under the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.) for the transportation of migrant and seasonal agricultural workers by farm labor contractors, agricultural employers or agricultural associations, the Secretary of Labor shall ensure that each occupant or rider in, or on, any vehicle subject to such standards is provided with a seat that is a designated seating position (as such term is defined for purposes of the Federal motor vehicle safety standards issued under chapter 301 of title 49, United States Code). (b) Seat Belts.--Each seating position required under subsection (a) shall be equipped with an operational seat belt, except that this subsection shall not apply with respect to seating positions in buses that would otherwise not be required to have seat belts under the Federal motor vehicle safety standards. (c) Performance Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Labor, shall issue minimum performance requirements for the strength of seats and the attachment of seats and seat belts in vehicles that are converted, after being sold for purposes other than resale, for the purpose of transporting migrant or seasonal agricultural workers. The requirements shall provide a level of safety that is as close as practicable to the level of safety provided for in a vehicle that is manufactured or altered for the purpose of transporting such workers before being sold for purposes other than resale. (2) Expiration.--Effective on the date that is 7 years after the date of enactment of this Act, any vehicle that is or has been converted for the purpose of transporting migrant or seasonal agricultural workers shall provide the same level of safety as a vehicle that is manufactured or altered for such purpose prior to being sold for purposes other than resale. (d) Rule of Construction.--Nothing in this section shall be construed to alter or modify the regulations contained in section 500.103, or the provision pertaining to transportation that is primarily on private roads in section 500.104(l), of title 29, Code of Federal Regulations, as in effect on the date of enactment of this Act. [[Page S2923]] (e) Definitions.--The definitions contained in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802) shall apply to this section. (f) Compliance Date.--Not later than 1 year after such date of enactment, all vehicles subject to this Act shall be in compliance with the requirements of this section. ______ SA 3315. Mr. COLEMAN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 34, between lines 8 and 9, insert the following: (c) Northern Border Training Facility.-- (1) In general.--The Secretary shall establish a northern border training facility at Rainy River Community College in International Falls, Minnesota, to carry out the training programs described in this subsection. (2) Use of training facility.--The training facility established under paragraph (1) shall be used to conduct various supplemental and periodic training programs for border security personnel stationed along the northern international border between the United States and Canada. (3) Training curriculum.--The Secretary shall design training curriculum to be offered at the training facility through multi-day training programs involving classroom and real-world applications, which shall include training in-- (A) a variety of disciplines relating to offensive and defensive skills for personnel and vehicle safety, including-- (i) firearms and weapons; (ii) self defense; (iii) search and seizure; (iv) defensive and high speed driving; (v) mobility training; (vi) the use of all-terrain vehicles, watercraft, aircraft and snowmobiles; and (vii) safety issues related to biological and chemical hazards; (B) technology upgrades and integration; and (C) matters relating directly to terrorist threats and issues, including-- (i) profiling; (ii) changing tactics; (iii) language; (iv) culture; and (v) communications. (4) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2007 through 2011 to carry out this subsection. ______ SA 3316. Mr. COLEMAN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 9, strike lines 2 through 9, and insert the following: (a) Acquisition.--Subject to the availability of appropriations, the Secretary shall-- (1) procure additional unmanned aerial vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a ``virtual fence'' along such international borders to provide a barrier to illegal immigration; and (2) acquire and utilize real time, high-resolution, multi- spectral, precisely-rectified digital aerial imagery to detect physical changes and patterns in the landscape along the northern or southern international border of the United States to identify uncommon passage ways used by aliens to illegally enter the United States. ______ SA 3317. Mr. FRIST submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. STUDIES AND REPORTS ON ILLEGAL IMMIGRATION FROM MEXICO. (a) Studies.--Not later than 1 year after the date of the enactment of this Act, and once every 5 years thereafter, the Secretary of State, in cooperation with the Secretary, shall conduct a study-- (1) to identify the geographic areas in Mexico from which-- (A) large numbers of residents are leaving to enter the United States in violation of Federal immigration law; and (B) large percentages of the population of such areas are leaving to enter the United States in violation of Federal immigration law; and (2) to analyze the social, political, and economic conditions in the geographic areas identified under paragraph (1) that contribute to illegal immigration into the United States. (b) Reports.--Not later than 16 months after the date of the enactment of this Act, and every 5 years thereafter, the Secretary of State shall submit to Congress a report that-- (1) describes the results of the study conducted under subsection (a); and (2) provides recommendations on how the Government of the United States can improve the conditions described in subsection (a)(2). (c) Immigration Impact Focus Areas.-- (1) Designation.--Based on the results of each study conducted under subsection (a) and subject to paragraph (2), the Administrator of the United States Agency for International Development, in consultation with the Secretary of State, the Secretary, and appropriate officials of the Government of Mexico, shall designate not more than 4 geographic areas within Mexico as Immigration Impact Focus Areas. (2) Population limits.--An area may not be designated as an Immigration Impact Focus Area under paragraph (1) unless the population of such area is-- (A) not less than 0.5 percent of the total population of Mexico; and (B) not more than 5.0 percent of the total population of Mexico. (d) Development Assistance Plan.--The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall develop a plan to concentrate, to the extent practicable, economic development and humanitarian assistance provided to Mexico in the Immigration Impact Focus Areas designated under subsection (c)(1). ______ SA 3318. Mr. LEVIN (for himself and Ms. Stabenow) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 51, between lines 18 and 19, insert the following: SEC. 13_. SCREENING OF MUNICIPAL SOLID WASTE. (a) Definitions.--In this section: (1) Bureau.--The term `` Bureau'' means the Bureau of Customs and Border Protection. (2) Commercial motor vehicle.--The term ``commercial motor vehicle'' has the meaning given the term in section 31101 of title 49, United States Code. (3) Commissioner.--The term ``Commissioner'' means the Commissioner of the Bureau. (4) Municipal solid waste.--The term ``municipal solid waste'' includes sludge (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)). (b) Reports to Congress.--Not later than 90 days after the date of enactment of this Act, the Commissioner shall submit to Congress a report that-- (1) indicates whether the methodologies and technologies used by the Bureau to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by the Bureau to screen for those materials in other items of commerce entering the United States through commercial motor vehicle transport; and (2) if the report indicates that the methodologies and technologies used to screen municipal solid waste are less effective than those used to screen other items of commerce, identifies the actions that the Bureau will take to achieve the same level of effectiveness in the screening of municipal solid waste, including actions necessary to meet the need for additional screening technologies. (c) Impact on Commercial Motor Vehicles.--If the Commissioner fails to fully implement an action identified under subsection (b)(2) before the earlier of the date that is 180 days after the date on which the report under subsection (b) is required to be submitted or the date that is 180 days after the date on which the report is submitted, the Secretary shall deny entry into the United States of any commercial motor vehicle carrying municipal solid waste until the Secretary certifies to Congress that the methodologies and technologies used by the Bureau to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by the Bureau to screen for those materials in other items of commerce entering into the United States through commercial motor vehicle transport. ______ SA 3319. Mr. LEVIN (for himself, Mr. Kennedy, and Ms. Stabenow) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 55, strike lines 5 through 7 and insert the following: (a) Denial or Termination of Asylum.--Section 208 (8 U.S.C. 1158) is amended-- (1) in subsection (b)-- (A) in paragraph (2)(A)(v), by striking ``or (VI)'' and inserting ``(V), (VI), (VII), or (VIII)''; and (B) by adding at the end the following: ``(4) Changed country conditions.--An alien seeking asylum based on persecution or a well-founded fear of persecution shall not be denied asylum based on changed country conditions unless fundamental and lasting changes have stabilized the country of the alien's nationality.''; and [[Page S2924]] (2) in subsection (c)(2)(A), by striking ``a fundamental change in circumstances'' and inserting ``fundamental and lasting changes that have stabilized the country of the alien's nationality''. ______ SA 3320. Mr. OBAMA submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: Strike title III and insert the following: TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. (a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read as follows: ``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. ``(a) Making Employment of Unauthorized Aliens Unlawful.-- ``(1) In general.--It is unlawful for an employer-- ``(A) to hire, or to recruit or refer for a fee, an alien for employment in the United States knowing that the alien is an unauthorized alien with respect to such employment; or ``(B) to hire, or to recruit or refer for a fee, for employment in the United States an individual unless such employer meets the requirements of subsections (c) and (d). ``(2) Continuing employment.--It is unlawful for an employer, after lawfully hiring an alien for employment, to continue to employ the alien in the United States knowing that the alien is (or has become) an unauthorized alien with respect to such employment. ``(3) Use of labor through contract.--In this section, an employer who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A). ``(4) Rebuttable presumption of unlawful hiring.--A rebuttable presumption is created for the purpose of a civil enforcement proceeding that an employer knowingly violated paragraph (1)(A) if the Secretary determines that-- ``(A) the employer hired 50 or more new employees during a calendar year and that at least 10 percent of new employees hired in the calendar year by the employer were unauthorized aliens; or ``(B) the employer hired less than 50 new employees during a calendar year and that 5 new employees hired by the employer in the calendar year were unauthorized aliens. ``(5) Defense.-- ``(A) In general.--Subject to subparagraph (B), an employer that establishes that the employer has complied in good faith with the requirements of subsections (c) and (d) has established an affirmative defense that the employer has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral. ``(B) Exception.--Until the date that an employer is required to participate in the Electronic Employment Verification System under subsection (d) or is permitted to participate in such System on a voluntary basis, the employer may establish an affirmative defense under subparagraph (A) without a showing of compliance with subsection (d). ``(b) Order of Internal Review and Certification of Compliance.-- ``(1) Authority to require certification.--If the Secretary has reasonable cause to believe that an employer has failed to comply with this section, the Secretary is authorized, at any time, to require that the employer certify that the employer is in compliance with this section, or has instituted a program to come into compliance. ``(2) Content of certification.--Not later than 60 days after the date an employer receives a request for a certification under paragraph (1) the chief executive officer or similar official of the employer shall certify under penalty of perjury that-- ``(A) the employer is in compliance with the requirements of subsections (c) and (d); or ``(B) that the employer has instituted a program to come into compliance with such requirements. ``(3) Extension.--The 60-day period referred to in paragraph (2), may be extended by the Secretary for good cause, at the request of the employer. ``(4) Publication.--The Secretary is authorized to publish in the Federal Register standards or methods for certification and for specific recordkeeping practices with respect to such certification, and procedures for the audit of any records related to such certification. ``(c) Document Verification Requirements.--An employer hiring, or recruiting or referring for a fee, an individual for employment in the United States shall take all reasonable steps to verify that the individual is eligible for such employment. Such steps shall include meeting the requirements of subsection (d) and the following paragraphs: ``(1) Attestation by employer.-- ``(A) Requirements.-- ``(i) In general.--The employer shall attest, under penalty of perjury and on a form prescribed by the Secretary, that the employer has verified the identity and eligibility for employment of the individual by examining-- ``(I) a document described in subparagraph (B); or ``(II) a document described in subparagraph (C) and a document described in subparagraph (D). ``(ii) Signature requirements.--An attestation required by clause (i) may be manifested by a handwritten or electronic signature. ``(iii) Standards for examination.--An employer has complied with the requirement of this paragraph with respect to examination of a document if the document examined reasonably appears on its face to be genuine. If an individual provides a document (or combination of documents) that reasonably appears on its face to be genuine and that is sufficient to meet the requirement of clause (i), nothing in this paragraph may be construed as requiring the employer to solicit the production of any other document or as requiring the individual to produce such another document. ``(iv) Requirements for employment eligibility system participants.--A participant in the Electronic Employment Verification System established under subsection (d), regardless of whether such participation is voluntary or mandatory, shall be permitted to utilize any technology that is consistent with this section and with any regulation or guidance from the Secretary to streamline the procedures to comply with the attestation requirement, and to comply with the employment eligibility verification requirements contained in this section. ``(B) Documents establishing both employment eligibility and identity.--A document described in this subparagraph is an individual's-- ``(i) United States passport; or ``(ii) permanent resident card or other document designated by the Secretary, if the document-- ``(I) contains a photograph of the individual and such other personal identifying information relating to the individual that the Secretary proscribes in regulations is sufficient for the purposes of this subparagraph; ``(II) is evidence of eligibility for employment in the United States; and ``(III) contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use. ``(C) Documents evidencing employment eligibility.--A document described in this subparagraph is an individual's-- ``(i) social security account number card issued by the Commissioner of Social Security (other than a card which specifies on its face that the issuance of the card does not authorize employment in the United States); or ``(ii) any other documents evidencing eligibility of employment in the United States, if-- ``(I) the Secretary has published a notice in the Federal Register stating that such document is acceptable for purposes of this subparagraph; and ``(II) contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use. ``(D) Documents establishing identity of individual.--A document described in this subparagraph is an individual's-- ``(i) driver's license or identity card issued by a State, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States provided that such a card or document-- ``(I) contains the individual's photograph or information, including the individual's name, date of birth, gender, eye color, and address; and ``(II) contains security features to make such license or card resistant to tampering, counterfeiting, or fraudulent use; ``(ii) identification card issued by a Federal agency or department, including a branch of the Armed Forces, or an agency, department, or entity of a State, or a Native American tribal document, provided that such card or document-- ``(I) contains the individual's photograph or information, including the individual's name, date of birth, gender, eye color, and address; and ``(II) contains security features to make the card resistant to tampering, counterfeiting, and fraudulent use; or ``(iii) in the case of an individual who is under 16 years of age who is unable to present a document described in clause (i) or (ii), a document of personal identity of such other type that-- ``(I) the Secretary determines is a reliable means of identification; and ``(II) contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use. ``(E) Authority to prohibit use of certain documents.-- ``(i) Authority.--If the Secretary finds that a document or class of documents described in subparagraph (B), (C), or (D) is not reliable to establish identity or eligibility for employment (as the case may be) or is being used fraudulently to an unacceptable degree, the Secretary is authorized to prohibit, or impose conditions, on the use of such document or class of documents for purposes of this subsection. ``(ii) Requirement for publication.--The Secretary shall publish notice of any findings under clause (i) in the Federal Register. ``(2) Attestation of employee.-- ``(A) Requirements.-- [[Page S2925]] ``(i) In general.--The individual shall attest, under penalty of perjury on the form prescribed by the Secretary, that the individual is a national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary to be hired, recruited, or referred for a fee, in the United States. ``(ii) Signature for examination.--An attestation required by clause (i) may be manifested by a handwritten or electronic signature. ``(B) Penalties.--An individual who falsely represents that the individual is eligible for employment in the United States in an attestation required by subparagraph (A) shall, for each such violation, be subject to a fine of not more than $5,000, a term of imprisonment not to exceed 3 years, or both. ``(3) Retention of attestation.--An employer shall retain a paper, microfiche, microfilm, or electronic version of an attestation submitted under paragraph (1) or (2) for an individual and make such attestations available for inspection by an officer of the Department of Homeland Security, any other person designated by the Secretary, the Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice, or the Secretary of Labor during a period beginning on the date of the hiring, or recruiting or referring for a fee, of the individual and ending-- ``(A) in the case of recruiting or referral for a fee of an individual, 3 years after the date of the recruiting or referral; or ``(B) in the case of the hiring of an individual the later of-- ``(i) 3 years after the date of such hiring; ``(ii) 1 year after the date of the individual's employment is terminated; or ``(iii) in the case of an employer or class of employers, a period that is less than the applicable period described in clause (i) or (ii) if the Secretary reduces such period for such employer or class of employers. ``(4) Document retention and recordkeeping requirements.-- ``(A) Retention of documents.--An employer shall retain, for the applicable period described in paragraph (3), the following documents: ``(i) In general.--Notwithstanding any other provision of law, the employer shall copy all documents presented by an individual pursuant to this subsection and shall retain paper, microfiche, microfilm, or electronic copies of such documents. Such copies shall reflect the signature of the employer and the individual and the date of receipt of such documents. ``(ii) Use of retained documents.--An employer shall use copies retained under clause (i) only for the purposes of complying with the requirements of this subsection, except as otherwise permitted under law. ``(B) Retention of clarification documents.--The employer shall maintain records of any actions and copies of any correspondence or action taken by the employer to clarify or resolve any issue that raises reasonable doubt as to the validity of the individual's identity or eligibility for employment in the United States. ``(C) Retention of other records.--The Secretary may require that an employer retain copies of additional records related to the individual for the purposes of this section. ``(5) Penalties.--An employer that fails to comply with the requirement of this subsection shall be subject to the penalties described in subsection (e)(4)(B). ``(6) No authorization of national identification cards.-- Nothing in this section may be construed to authorize, directly or indirectly, the issuance, use, or establishment of a national identification card. ``(d) Electronic Employment Verification System.-- ``(1) Requirement for system.--The Secretary, in cooperation with the Commissioner of Social Security, shall implement an Electronic Employment Verification System (referred to in this subsection as the `System') as described in this subsection. ``(2) Management of system.-- ``(A) In general.--The Secretary shall, through the System-- ``(i) provide a response to an inquiry made by an employer through the Internet or other electronic media or over a telephone line regarding an individual's identity and eligibility for employment in the United States; ``(ii) establish a set of codes to be provided through the System to verify such identity and authorization; and ``(iii) maintain a record of each such inquiry and the information and codes provided in response to such inquiry. ``(B) Initial response.-- ``(i) In general.--The Secretary shall, through the System, tentatively confirm or nonconfirm an individual's identity and eligibility for employment in the United States not later than 1 working day after an employer submits an inquiry regarding the individual. ``(ii) Manual verification.--If a tentative nonconfirmation is provided for an individual under clause (i), the Secretary, through the System, shall conduct a secondary manual verification not later than 9 working days after such tentative nonconfirmation is made. ``(iii) Notices.--Not later than 10 working days after an employer submits an inquiry to the System regarding an individual, the Secretary shall provide, through the System, to the employer-- ``(I) if the System is able to confirm, through a verification described in clause (i) or (ii), the individual's identity and eligibility for employment in the United States, an appropriate code indicating such confirmation; or ``(II) if the System is unable to confirm, through a verification described in clause (i) or (ii), the individual's identity or eligibility for employment in the United States, an appropriate code indicating such tentative nonconfirmation. ``(iv) Default confirmation in case of system failure.--If the Secretary, through the System, fails to provide a notice described in clause (iii) for an individual within the period described in such clause, an appropriate code indicating confirmation shall be provided to the employer. Such confirmation shall remain in effect for the individual until the Secretary, through the System, provides a notice that-- ``(I) the System is unable to confirm the individual's identity; or ``(II) the individual is ineligible for employment in the United States. ``(C) Verification process in case of a tentative nonconfirmation notice.-- ``(i) In general.--If a tentative nonconfirmation notice is issued under subparagraph (B)(iii)(II), not later than 10 working days after the date an individual submits information to contest such notice under paragraph (7)(C)(ii)(III), the Secretary, through the System, shall issue to the employer an appropriate code indicating final confirmation or final nonconfirmation. ``(ii) Default confirmation in case of system failure.--If the Secretary, through the System, fails to confirm or tentatively nonconfirm the individual's identity and eligibility for employment in the United States within the period described in clause (i), an appropriate code indicating confirmation shall be provided to the employer. Such confirmation shall remain in effect for the individual until the Secretary, through the System, provides a notice that-- ``(I) the System is unable to confirm the individual's identity; or ``(II) the individual is ineligible for employment in the United States. ``(iii) Development of process.--The Secretary shall consult with the Commissioner of Social Security to develop a verification process to be used to provide a final confirmation notice or a final nonconfirmation notice under clause (i). ``(D) Right to appeal final nonconfirmation.--The individual shall have the right to an administrative or judicial appeal of a notice of final nonconfirmation. The Secretary shall consult with the Commissioner of Social Security to develop a process for such appeals. ``(E) Design and operation of system.--The Secretary, in consultation with the Commissioner of Social Security, shall design and operate the System-- ``(i) to maximize reliability and ease of use by employers in a manner that protects and maintains the privacy and security of the information maintained in the System; ``(ii) to respond to each inquiry made by an employer; and ``(iii) to track and record any occurrence when the System is unable to receive such an inquiry; ``(iv) to include appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information during use, transmission, storage, or disposal of that information, including the use of encryption, carrying out periodic stress testing of the System to detect, prevent, and respond to vulnerabilities or other failures, and utilizing periodic security updates; ``(v) to allow for monitoring of the use of the System and provide an audit capability; ``(vi) to have reasonable safeguards, developed in consultation with the Attorney General, to prevent employers from engaging in unlawful discriminatory practices, based on national origin or citizenship status; and ``(vii) to permit individuals-- ``(I) to view their own records in order to ensure the accuracy of such records; and ``(II) to contact the appropriate agency to correct any errors through an expedited process established by the Secretary, in consultation and coordination with the Commissioner of Social Security. ``(F) Limitation on data elements stored.--The System and any databases created by the Commissioner of Social Security or the Secretary to achieve confirmation, tentative nonconfirmation, or final nonconfirmation under the System shall store only the minimum data about each individual for whom an inquiry was made to facilitate the successful operation of the System, and in no case shall the data stored be other than-- ``(i) the individual's full legal name; ``(ii) the individual's date of birth; ``(iii) the individual's social security account number, or employment authorization status identification number; ``(iv) the address of the employer making the inquiry and the dates of any prior inquiries concerning the identity and authorization of the employee by the employer or any other employer and the address of such employer; ``(v) a record of each prior confirmation, tentative nonconfirmation, or final nonconfirmation made by the System for such individual; and [[Page S2926]] ``(vi) in the case of the individual successfully contesting a prior tentative nonconfirmation, explanatory information concerning the successful resolution of any erroneous data or confusion regarding the identity or eligibility for employment of the individual, including the source of that error. ``(G) Responsibilities of the commissioner of social security.--The Commissioner of Social Security shall establish a reliable, secure method to provide through the System, within the time periods required by subparagraphs (B) and (C)-- ``(i) a determination of whether the name and social security account number provided in an inquiry by an employer match such information maintained by the Commissioner in order to confirm the validity of the information provided; ``(ii) determination of the citizenship status associated with such name and social security account number, according to the records maintained by the Commissioner; and ``(iii) a confirmation notice or a nonconfirmation notice under subparagraph (B) or (C), in a manner that ensures that other information maintained by the Commissioner is not disclosed or released to employers through the System. ``(H) Responsibilities of the secretary.--The Secretary shall establish a reliable, secure method to provide through the System, within the time periods required by subparagraphs (B) and (C)-- ``(i) a determination of whether the name and alien identification or authorization number provided in an inquiry by an employer match such information maintained by the Secretary in order to confirm the validity of the information provided; ``(ii) a determination of whether such number was issued to the named individual; ``(iii) a determination of whether the individual is authorized to be employed in the United States; and ``(iv) any other related information that the Secretary may require. ``(I) Office of electronic verification.-- ``(i) In general.--The Secretary shall establish the Office of Electronic Verification in the Bureau of Citizenship and Immigration Services. ``(ii) Responsibilities.--Subject to available appropriations, the Office of Electronic Verification shall work with the Commissioner of Social Security-- ``(I) to update the information maintained in the System in a manner that promotes maximum accuracy; ``(II) to provide a process for correcting erroneous information by registering not less than 97 percent of the new information and information changes submitted by employees within all relevant databases within 24 hours after submission and registering not less than 99 percent of such information within 10 working days after submission; ``(III) to ensure that at least 99 percent of the data received from field offices of the Bureau of Customs and Border Protection and from other points of contact between immigrants and the Department of Homeland Security is registered within all relevant databases within 24 hours after receipt; ``(IV) to ensure that at least 99 percent of the data received from field offices of the Social Security Administration and other points of contact between citizens and the Social Security Administration is registered within all relevant databases within 24 hours after receipt; ``(V) to employ a sufficient number of manual status verifiers to resolve 99 percent of the tentative nonconfirmations within 3 days; ``(VI) to establish and promote call-in help lines accessible to employers and employees on a 24-hour basis with questions about the functioning of the System or about the specific issues underlying a tentative nonconfirmation; ``(VII) to establish an outreach and education program to ensure that all new employers are fully informed of their responsibilities under the System; and ``(VIII) to conduct a random audit of a substantial percentage of workers' files in a database maintained by an agency or department of the United States each year to determine accuracy rates and require corrections of errors in a timely manner. ``(J) Right to review system information and appeal erroneous nonconfirmations.--Any individual who contests a tentative nonconfirmation or final nonconfirmation may review and challenge the accuracy of the data elements and information within the System upon, which such a nonconfirmation was based. Such a challenge may include the ability to submit additional information or appeal any final nonconfirmation to the Office of Electronic Verification. The Office of Electronic Verification shall review any such information submitted pursuant to such a challenge and issue a response and decision concerning the appeal within 7 days of the filing of such a challenge. The Office of Electronic Verification shall at least annually study and issue findings concerning the most common causes for erroneous nonconfirmations and issue recommendations concerning the resolution of such causes. ``(K) Privacy impact assessment.--The Commissioner of Social Security and the Secretary shall each complete a privacy impact assessment as described in section 208 of the E-Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 note) with regard to the System. ``(L) Training.--The Commissioner of Social Security and the Secretary shall provide appropriate training materials to participating employers to ensure such employers are able to utilize the System in compliance with the requirements of this section. ``(M) Hotline.--The Secretary shall establish a fully staffed 24-hour hotline to receive inquiries by employees concerning tentative nonconfirmations and final nonconfirmations and shall identify for employees, at the time of inquiry, the particular data that resulted on the issuance of a nonconfirmation notice under the System. ``(3) Requirements for participation.--Except as provided in paragraphs (4) and (5), the Secretary shall require employers to participate in the System as follows: ``(A) Critical employers.-- ``(i) Required participation.-- ``(I) Designation.--As of the date that is 180 days after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall designate, in the Secretary's sole and unrevieweable discretion, an employer or class of employers under this subclause if the Secretary determines such employer or class of employers is part of the critical infrastructure of the United States or directly related to the national security or homeland security of the United States. ``(II) Participation.--Not later than 180 days after the date an employer or class of employers is designated under subclause (I), the Secretary shall require such employer or class of employers to participate in the System, with respect to employees hired by the employer on or after the date of the enactment of the Comprehensive Immigration Reform Act of 2006. ``(ii) Discretionary participation.-- ``(I) Designation.--As of the date that is 180 days after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary may designate, in the Secretary's sole and unreviewable discretion, an employer or class of employers under this subclause if the Secretary determines such employer or class of employers as a critical employer based on immigration enforcement or homeland security needs. ``(II) Participation.--Not later than 180 days after the date an employer or class of employers is designated under subclause (I), the Secretary may require such employer or class of employers to participate in the System, with respect to employees hired on or after the date of the enactment of the Comprehensive Immigration Reform Act of 2006. ``(B) Large employers.--Not later than 2 years after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall require an employer with 5,000 or more employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. ``(C) Midsized employers.--Not later than 3 years after the date of enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall require an employer with 1,000 or more employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. ``(D) Small employers.--Not later than 4 years after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall require all employers with 250 or more employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. ``(E) Remaining employers.--Not later than 5 years after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall require all employers in the United States to participate in the System, with respect to all employees hired by an employer after the date the Secretary requires such participation. ``(F) Requirement to publish.--The Secretary shall publish in the Federal Register the requirements for participation in the System as described in subparagraphs (B), (C), (D), and (E) prior to the effective date of such requirements. ``(4) Other participation in system.--Notwithstanding paragraph (3), the Secretary has the authority, in the Secretary's sole and unreviewable discretion to permit any employer that is not required to participate in the System under paragraph (3) to participate in the System on a voluntary basis. ``(5) Waiver.-- ``(A) Authority to provide a waiver.--The Secretary is authorized to waive or delay the participation requirements of paragraph (3) with respect to any employer or class of employers if the Secretary provides notice to Congress of such waiver prior to the date such waiver is granted. ``(B) Requirement to provide a waiver.--The Secretary shall waive or delay the participation requirements of paragraph (3) with respect to any employer or class of employers until the date that the Comptroller General of the United States submits the initial certification described in paragraph (13)(E) and shall waive or delay such participation during a year if the Comptroller General fails to submit a certification of paragraph (13)(E) for such year. ``(6) Consequence of failure to participate.--If an employer is required to participate in the System and fails to comply with the requirements of the System with respect to an individual-- [[Page S2927]] ``(A) such failure shall be treated as a violation of subsection (a)(1)(B) of this section with respect to such individual; and ``(B) a rebuttable presumption is created that the employer has violated subsection (a)(1)(A) of this section, however such presumption may not apply to a prosecution under subsection (f)(1). ``(7) System requirements.-- ``(A) In general.--An employer that participates in the System, with respect to the hiring, or recruiting or referring for a fee, of any individual for employment in the United States, shall-- ``(i) notify employees of the employer and prospective employees to whom the employer has extended a job offer that the employer participates in the System and that the System may be used for immigration enforcement purposes; ``(ii) obtain from the individual and record on the form designated by the Secretary-- ``(I) the individual's social security account number; and ``(II) in the case of an individual who does not attest that the individual is a national of the United States under subsection (c)(2), such identification or authorization number that the Secretary shall require; ``(iii) retain such form in electronic format, paper, microfilm, or microfiche and make such a form available for inspection for the periods and in the manner described in subsection (c)(3); and ``(iv) safeguard any information collected for purposes of the System and protect any means of access to such information to ensure that such information is not used for any other purpose and to protect the confidentiality of such information, including ensuring that such information is not provided to any person other than a person that carries out the employer's responsibilities under this subsection. ``(B) Seeking verification.--The employer shall submit an inquiry through the System to seek confirmation of the individual's identity and eligibility for employment in the United States not later than 3 working days (or such other reasonable time as may be specified by the Secretary of Homeland Security) after the date of the hiring, or recruiting or referring for a fee, of the individual (as the case may be). ``(C) Confirmation or nonconfirmation.-- ``(i) Confirmation upon initial inquiry.--If an employer receives a confirmation notice under paragraph (2)(B)(i) for an individual, the employer shall record, on the form specified by the Secretary, the appropriate code provided in such notice. ``(ii) Nonconfirmation and verification.-- ``(I) Nonconfirmation.--If an employer receives a tentative nonconfirmation notice under paragraph (2)(B)(ii) for an individual, the employer shall inform such individual of the issuances of such notice in writing and shall provide the individual with information about the right to contest the tentative nonconfirmation and contact information for the appropriate agency to file such contest. ``(II) No contest.--If the individual does not contest the tentative nonconfirmation notice under subclause (I) within 10 days of receiving notice from the individual's employer, the notice shall become final and the employer shall record on the form specified by the Secretary, the appropriate code provided in the nonconfirmation notice. An individual's failure to contest a tentative nonconfirmation may not be the basis for determining that the individual acted in a knowing (as defined in section 274a.1 of title 8, Code of Federal Regulations, or any corresponding similar regulation) manner. ``(III) Contest.--If the individual contests the tentative nonconfirmation notice under subclause (I), the individual shall submit appropriate information to contest such notice to the System within 10 working days of receiving notice from the individual's employer and shall utilize the verification process developed under paragraph (2)(C)(ii). ``(IV) Effective period of tentative nonconfirmation.--A tentative nonconfirmation notice shall remain in effect until a final such notice becomes final under clause (II) or a final confirmation notice or final nonconfirmation notice is issued by the System. ``(V) Prohibition on termination.--An employer may not terminate the employment of an individual based on a tentative nonconfirmation notice until such notice becomes final under subclause (II) or a final nonconfirmation notice is issued for the individual by the System. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. ``(VI) Recording of conclusion on form.--If a final confirmation or nonconfirmation is provided by the System regarding an individual, the employer shall record on the form designated by the Secretary the appropriate code that is provided under the System to indicate a confirmation or nonconfirmation of the identity and employment eligibility of the individual. ``(D) Consequences of nonconfirmation.-- ``(i) Termination of continued employment.--If the employer has received a final nonconfirmation regarding an individual, the employer shall terminate the employment, recruitment, or referral of the individual. If the employer continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated subsections (a)(1)(A) and (a)(2). Such presumption may not apply to a prosecution under subsection (f)(1). ``(ii) Assistance in immigration enforcement.--If an employer has received a final nonconfirmation which is not the result of the individual's failure to contest a tentative nonconfirmation in subparagraph (C)(ii)(II), the employer shall provide to the Secretary any information relating to the nonconfirmed individual that the Secretary determines would assist the Secretary in enforcing or administering the immigration laws. ``(E) Unlawful use of system.--It shall be an unlawful immigration-related employment practice for an employer-- ``(i) to use the System prior to an offer of employment; ``(ii) to use the System selectively to exclude certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most applicants; ``(iii) to terminate or undertake any adverse employment action based on a tentative nonconfirmation described in paragraph (2)(B)(iii)(II); or ``(iv) to reverify the employment authorization of hire employees after the 3 days of the employee's hire and after the employee has satisfied the eligibility verification provisions of subsection (b)(1) or to reverify employees hired before the date that the person or entity is required to participate in the System. ``(F) Prohibition of unlawful accessing and obtaining of information.-- ``(i) Improper access.--It shall be unlawful for any individual, other than the government employees authorized in this subsection, to intentionally and knowingly access the System or the databases utilized to verify identity or employment authorization for the System for any purpose other than verifying identity or employment authorization or modifying the System pursuant to law or regulation. Any individual who unlawfully accesses the System or the databases or shall be fined no less than $1,000 for each individual whose file was compromised or sentenced to less than 6 months imprisonment for each individual whose file was compromised. ``(ii) Identity theft.--It shall be unlawful for any individual, other than the government employees authorized in this subsection, to intentionally and knowingly obtain the information concerning an individual stored in the System or the databases utilized to verify identity or employment authorization for the System for any purpose other than verifying identity or employment authorization or modifying the System pursuant to law or regulation. Any individual who unlawfully obtains such information and uses it to commit identity theft for financial gain or to evade security or to assist another in gaining financially or evading security, shall be fined no less than $10,000 for each individual whose information was obtained and misappropriated sentenced to not less than 1 year of imprisonment for each individual whose information was obtained and misappropriated. ``(8) Protection from liability.--No employer that participates in the System shall be liable under any law for any employment-related action taken with respect to an individual in good faith reliance on information provided by the System. ``(9) Limitation on use of the system.--Notwithstanding any other provision of law, nothing in this subsection shall be construed to permit or allow any department, bureau, or other agency of the United States to utilize any information, database, or other records used in the System for any purpose other than as provided for under this subsection. ``(10) Access to database.--No officer or employee of any agency or department of the United States, other than such an officer or employee who is responsible for the verification of employment eligibility or for the evaluation of an employment eligibility verification program at the Social Security Administration, the Department of Homeland Security, and the Department of Labor, may have access to any information, database, or other records utilized by the System. ``(11) Modification authority.--The Secretary, after notice is submitted to Congress and provided to the public in the Federal Register, is authorized to modify the requirements of this subsection, including requirements with respect to completion of forms, method of storage, attestations, copying of documents, signatures, methods of transmitting information, and other operational and technical aspects to improve the efficiency, accuracy, and security of the System. ``(12) Report.--Not later than 1 year after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall submit to Congress a report on the capacity, systems integrity, and accuracy of the System. ``(13) Annual study and report.-- ``(A) Requirement for study.--The Comptroller General of the United States shall conduct an annual study of the System as described in this paragraph. ``(B) Purpose of the study.--The Comptroller General shall, for each year, undertake a study to determine whether the System meets the following requirements: ``(i) Demonstrated accuracy of the databases.--New information and information changes submitted by employees to the System is updated in all of the relevant databases within 3 working days of submission in at least 99 percent of all cases. [[Page S2928]] ``(ii) Low error rates and delays in verification.-- ``(I) That, during a year, the System provides incorrect tentative nonconfirmation notices under paragraph (2)(B)(ii) for no more than 1 percent of all such notices sent during such year. ``(II) That, during a year, the System provides incorrect final nonconfirmation notices under paragraph (2)(C)(i) for no more than 3 percent of all such notices sent during such year. ``(III) That the number of incorrect tentative nonconfirmation notices under paragraph (2)(B)(ii) provided by the System during a year for individuals who are not citizens of the United States is not more than 300 percent more than the number of such incorrect notices sent to citizens of the United States during such year. ``(IV) That the number of final nonconfirmation notices under paragraph (2)(C)(i) provided by the System during a year for individuals who are not citizens of the United States is not more than 300 percent more than the number of such incorrect notices sent to citizens of the United States during such year. ``(iii) Limited implementation costs to employers.--No employer is required to spend more than $10 to verify the identity and employment eligibility of an individual through the system in any year, including the costs of all staff, training, materials, or other related costs of participation in the System. ``(iv) Measurable employer compliance with system requirements.-- ``(I) The System has not and will not result in increased discrimination or cause reasonable employers to conclude that employees of certain races or ethnicities are more likely to have difficulties when offered employment caused by the operation of the System. ``(II) The determination described in subclause (I) is based on an independent study commissioned by the Comptroller General in each phase of expansion of the System that includes the use of testers. ``(v) Protection of workers' private information.--At least 97 percent of employers who participate in the System are in full compliance with the privacy requirements described in this subsection. ``(vi) Adequate agency staffing and funding.--The Secretary and Commissioner of Social Security have sufficient funding to meet all of the deadlines and requirements of this subsection. ``(C) Consultation.--In conducting a study under this paragraph, the Comptroller General shall consult with representatives from business, labor, immigrant communities, State governments, privacy advocates, and appropriate executive branch agencies. ``(D) Requirement for reports.--Not later that 180 days after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, and annually thereafter, the Comptroller General shall submit to the Secretary and to Congress a report containing the findings of the study carried out under this paragraph. Each report shall include any certification made under subparagraph (E) and, at a minimum, the following: ``(i) An assessment of the impact of the System on the employment of unauthorized workers, including whether it has indirectly caused an increase in exploitation of unauthorized workers. ``(ii) An assessment of the accuracy of databases employed by the System and of the timeliness and accuracy of the System's responses to employers. ``(iii) An assessment of the privacy and confidentiality of the System and of its overall security with respect to cyber theft and theft or misuse of private data. ``(iv) An assessment of whether the System is being implemented in a nondiscriminatory and non-retaliatory manner. ``(v) Recommendations regarding whether or not the System should be modified prior to further expansion. ``(E) Certification.--If the Comptroller General determines that the System meets the requirements described in subparagraph (B) for a year, the Comptroller shall certify such determination and submit such certification to Congress with the report required by subparagraph (D). ``(14) Sunset provision.--Mandatory participation in the System shall be discontinued 6 years after the date of the enactment of the Comprehensive Immigration Reform Act of 2006 unless Congress reauthorizes such participation. ``(e) Compliance.-- ``(1) Complaints and investigations.--The Secretary shall establish procedures-- ``(A) for individuals and entities to file complaints regarding potential violations of subsection (a); ``(B) for the investigation of those complaints that the Secretary deems it appropriate to investigate; and ``(C) for the investigation of such other violations of subsection (a), as the Secretary determines are appropriate. ``(2) Authority in investigations.-- ``(A) In general.--In conducting investigations and hearings under this subsection, officers and employees of the Department of Homeland Security-- ``(i) shall have reasonable access to examine evidence of any employer being investigated; and ``(ii) if designated by the Secretary of Homeland Security, may compel by subpoena the attendance of witnesses and the production of evidence at any designated place in an investigation or case under this subsection. ``(B) Failure to cooperate.--In case of refusal to obey a subpoena lawfully issued under subparagraph (A)(ii), the Secretary may request that the Attorney General apply in an appropriate district court of the United States for an order requiring compliance with such subpoena, and any failure to obey such order may be punished by such court as contempt. ``(C) Department of labor.--The Secretary of Labor shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to ensure compliance with the provisions of this title, or any regulation or order issued under this title. ``(3) Compliance procedures.-- ``(A) Prepenalty notice.--If the Secretary has reasonable cause to believe that there has been a violation of a requirement of this section and determines that further proceedings related to such violation are warranted, the Secretary shall issue to the employer concerned a written notice of the Secretary's intention to issue a claim for a fine or other penalty. Such notice shall-- ``(i) describe the violation; ``(ii) specify the laws and regulations allegedly violated; ``(iii) disclose the material facts which establish the alleged violation; and ``(iv) inform such employer that the employer shall have a reasonable opportunity to make representations as to why a claim for a monetary or other penalty should not be imposed. ``(B) Remission or mitigation of penalties.-- ``(i) Petition by employer.--Whenever any employer receives written notice of a fine or other penalty in accordance with subparagraph (A), the employer may file within 30 days from receipt of such notice, with the Secretary a petition for the remission or mitigation of such fine or penalty, or a petition for termination of the proceedings. The petition may include any relevant evidence or proffer of evidence the employer wishes to present, and shall be filed and considered in accordance with procedures to be established by the Secretary. ``(ii) Review by secretary.--If the Secretary finds that such fine or other penalty was incurred erroneously, or finds the existence of such mitigating circumstances as to justify the remission or mitigation of such fine or penalty, the Secretary may remit or mitigate such fine or other penalty on the terms and conditions as the Secretary determines are reasonable and just, or order termination of any proceedings related to the notice. Such mitigating circumstances may include good faith compliance and participation in, or agreement to participate in, the System, if not otherwise required. ``(iii) Applicability.--This subparagraph may not apply to an employer that has or is engaged in a pattern or practice of violations of paragraph (1)(A), (1)(B), or (2) of subsection (a) or of any other requirements of this section. ``(C) Penalty claim.--After considering evidence and representations offered by the employer pursuant to subparagraph (B), the Secretary shall determine whether there was a violation and promptly issue a written final determination setting forth the findings of fact and conclusions of law on which the determination is based and the appropriate penalty. ``(4) Civil penalties.-- ``(A) Hiring or continuing to employ unauthorized aliens.-- Any employer that violates any provision of paragraph (1)(A) or (2) of subsection (a) shall pay civil penalties as follows: ``(i) Pay a civil penalty of not less than $500 and not more than $4,000 for each unauthorized alien with respect to each such violation. ``(ii) If the employer has previously been fined 1 time during the 2-year period preceding the violation under this subparagraph, pay a civil penalty of not less than $4,000 and not more than $10,000 for each unauthorized alien with respect to each such violation. ``(iii) If the employer has previously been fined more than 1 time during the 2-year period preceding the violation under this subparagraph or has failed to comply with a previously issued and final order related to any such provision, pay a civil penalty of not less than $6,000 and not more than $20,000 for each unauthorized alien with respect to each such violation. ``(B) Recordkeeping or verification practices.--Any employer that violates or fails to comply with the requirements of subsection (b), (c), or (d), shall pay a civil penalty as follows: ``(i) Pay a civil penalty of not less than $200 and not more than $2,000 for each such violation. ``(ii) If the employer has previously been fined 1 time during the 2-year period preceding the violation under this subparagraph, pay a civil penalty of not less than $400 and not more than $4,000 for each such violation. ``(iii) If the employer has previously been fined more than 1 time during the 2-year period preceding the violation under this subparagraph or has failed to comply with a previously issued and final order related to such requirements, pay a civil penalty of $6,000 for each such violation. ``(C) Other penalties.--Notwithstanding subparagraphs (A) and (B), the Secretary [[Page S2929]] may impose additional penalties for violations, including cease and desist orders, specially designed compliance plans to prevent further violations, suspended fines to take effect in the event of a further violation, and in appropriate cases, the civil penalty described in subsection (g)(2). ``(D) Reduction of penalties.--Notwithstanding subparagraphs (A), (B), and (C), the Secretary is authorized to reduce or mitigate penalties imposed upon employers, based upon factors including the employer's hiring volume, compliance history, good faith implementation of a compliance program, participation in a temporary worker program, and voluntary disclosure of violations of this subsection to the Secretary. ``(E) Adjustment for inflation.--All penalties in this section may be adjusted every 4 years to account for inflation, as provided by law. ``(5) Judicial review.--An employer adversely affected by a final determination may, within 45 days after the date the final determination is issued, file a petition in any appropriate district court of the United States for review of the order. The filing of a petition as provided in this paragraph shall stay the Secretary's determination until the appeal process is completed. The burden shall be on the employer to show that the final determination was not supported by a preponderance of the evidence. The Secretary is authorized to require that the petitioner provide, prior to filing for review, security for payment of fines and penalties through bond or other guarantee of payment acceptable to the Secretary. ``(6) Enforcement of orders.--If an employer fails to comply with a final determination issued against that employer under this subsection, and the final determination is not subject to review as provided in paragraph (5), the Attorney General may file suit to enforce compliance with the final determination, no earlier than 46 days, but no later than 90 days, after the date the final determination is issued, in any appropriate district court of the United States. The burden shall remain on the employer to show that the final determination was not supported by a preponderance of the evidence. ``(7) Recovery of costs and attorneys' fees.--In any appeal brought under paragraph (5) by an employer or suit brought under paragraph (6) against an employer, the employer shall be entitled to recover from the Department of Homeland Security reasonable costs and attorneys' fees if such employer substantially prevails on the merits of the case. An award of such attorneys' fees may not exceed $25,000. Any costs and attorneys' fees assessed against the Department of Homeland Security under this paragraph shall be charged against the operating expenses of the Department for the fiscal year in which the assessment is made, and shall not be reimbursed from any other source. ``(f) Criminal Penalties and Injunctions for Pattern or Practice Violations.-- ``(1) Criminal penalty.--An employer that engages in a pattern or practice of knowing violations of subsection (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than 6 months for the entire pattern or practice, or both. ``(2) Enjoining of pattern or practice violations.--If the Secretary or the Attorney General has reasonable cause to believe that an employer is engaged in a pattern or practice of employment, recruitment, or referral in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the employer, as the Secretary deems necessary. ``(g) Prohibition of Indemnity Bonds.-- ``(1) Prohibition.--It is unlawful for an employer, in the hiring, recruiting, or referring for a fee, of an individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any potential liability arising under this section relating to such hiring, recruiting, or referring of the individual. ``(2) Civil penalty.--Any employer which is determined, after notice and opportunity for mitigation of the monetary penalty under subsection (e), to have violated paragraph (1) of this subsection shall be subject to a civil penalty of $2,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if the employee cannot be located, the deposit of such amounts as miscellaneous receipts in the general fund. ``(h) Prohibition on Award of Government Contracts, Grants, and Agreements.-- ``(1) Employers with no contracts, grants, or agreements.-- ``(A) In general.--If an employer who does not hold a Federal contract, grant, or cooperative agreement is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, the employer may be debarred from the receipt of a Federal contract, grant, or cooperative agreement for a period of 2 years. The Secretary or the Attorney General shall advise the Administrator of General Services of such a debarment, and the Administrator of General Services shall list the employer on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs for a period of 2 years. ``(B) Waiver.--The Administrator of General Services, in consultation with the Secretary and the Attorney General, may waive operation of this subsection or may limit the duration or scope of the debarment. ``(2) Employers with contracts, grants, or agreements.-- ``(A) In general.--An employer who holds a Federal contract, grant, or cooperative agreement and is determined by the Secretary of Homeland Secretary to be a repeat violator of this section or is convicted of a crime under this section, may be debarred from the receipt of Federal contracts, grants, or cooperative agreements for a period of 2 years. ``(B) Notice to agencies.--Prior to debarring the employer under subparagraph (A), the Secretary, in cooperation with the Administrator of General Services, shall advise any agency or department holding a contract, grant, or cooperative agreement with the employer of the Government's intention to debar the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period of 2 years. ``(C) Waiver.--After consideration of the views of any agency or department that holds a contract, grant, or cooperative agreement with the employer, the Secretary may, in lieu of debarring the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period of 2 years, waive operation of this subsection, limit the duration or scope of the debarment, or may refer to an appropriate lead agency the decision of whether to debar the employer, for what duration, and under what scope in accordance with the procedures and standards prescribed by the Federal Acquisition Regulation. However, any proposed debarment predicated on an administrative determination of liability for civil penalty by the Secretary or the Attorney General shall not be reviewable in any debarment proceeding. The decision of whether to debar or take alternation shall not be judicially reviewed. ``(3) Suspension.--Indictments for violations of this section or adequate evidence of actions that could form the basis for debarment under this subsection shall be considered a cause for suspension under the procedures and standards for suspension prescribed by the Federal Acquisition Regulation. ``(i) Miscellaneous Provisions.-- ``(1) Documentation.--In providing documentation or endorsement of authorization of aliens (other than aliens lawfully admitted for permanent residence) eligible to be employed in the United States, the Secretary shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement. ``(2) Preemption.--The provisions of this section preempt any State or local law imposing civil or criminal sanctions upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens. ``(j) Definitions.--In this section: ``(1) Employer.--The term `employer' means any person or entity, including any entity of the Government of the United States, hiring, recruiting, or referring an individual for employment in the United States. ``(2) Secretary.--Except as otherwise provided, the term `Secretary' means the Secretary of Homeland Security. ``(3) Unauthorized alien.--The term `unauthorized alien' means, with respect to the employment of an alien at a particular time, that the alien is not at that time either-- ``(A) an alien lawfully admitted for permanent residence; or ``(B) authorized to be so employed by this Act or by the Secretary.''. (b) Conforming Amendments.-- (1) Amendments.--Sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a) are repealed. (2) Construction.--Nothing in this subsection or in subsection (d) of section 274A, as amended by subsection (a), may be construed to limit the authority of the Secretary to allow or continue to allow the participation of employers who participated in the basic pilot program under such sections 401, 402, 403, 404, and 405 in the Electronic Employment Verification System established pursuant to such subsection (d). (c) Technical Amendments.-- (1) Definition of unauthorized alien.--Sections 218(i)(1) (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) (8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' and inserting ``274A''. (2) Document requirements.--Section 274B (8 U.S.C. 1324b) is amended-- (A) in subsections (a)(6) and (g)(2)(B), by striking ``274A(b)'' and inserting ``274A(d)''; and (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' and inserting ``274A(d)''. (d) Authorization of Appropriations.-- (1) Commissioner of social security.--There are authorized to be appropriated to the Commissioner of Social Security for each of the fiscal years 2007 through 2011 such sums as may be necessary to carry out the responsibilities of the Commission under section 274A of the Immigration and Nationality Act, as amended by subsection (a). (2) Secretary of homeland security.--There are authorized to be appropriated to [[Page S2930]] the Secretary for each of the fiscal years 2007 through 2011 such sums as may be necessary to carry out section 274A of the Immigration and Nationality Act, as amended by section 301(a). (e) Effective Date.--The amendments made by subsections (a), (b), and (c) shall take effect on the date that is 180 days after the date of the enactment of this Act. SEC. 302. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS. (a) Worksite Enforcement.--The Secretary shall, subject to the availability of appropriations for such purpose, annually increase, by not less than 2,000, the number of positions for investigators dedicated to enforcing compliance with sections 274 and 274A of the Immigration and Nationality Act (8 U.S.C. 1324 and 1324a) during the 5-year period beginning on the date of the enactment of this Act. (b) Fraud Detection.--The Secretary shall, subject to the availability of appropriations for such purpose, increase by not less than 1,000 the number of positions for agents of the Bureau of Immigration and Customs Enforcement dedicated to immigration fraud detection during the 5-year period beginning on the date of the enactment of this Act. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for each of the fiscal years 2007 through 2011 such sums as may be necessary to carry out this section. SEC. 303. CLARIFICATION OF INELIGIBILITY FOR MISREPRESENTATION. Section 212(a)(6)(C)(ii)(I) (8 U.S.C. 1182(a)(6)(C)(ii)(I)), is amended by striking ``citizen'' and inserting ``national''. SEC. 304. ANTIDISCRIMINATION PROTECTIONS. (a) Application of Prohibition of Discrimination to Verification System.--Section 274B(a)(1) (8 U.S.C. 1324b(a)(1)) is amended by inserting ``, the verification of the individual's work authorization through the Electronic Employment Verification System described in section 274A(d),'' after ``the individual for employment''. (b) Classes of Aliens as Protected Individuals.--Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as follows: ``(B) is an alien who is-- ``(i) lawfully admitted for permanent residence; ``(ii) granted the status of an alien lawfully admitted for temporary residence under section 210(a) or 245(a)(1); ``(iii) admitted as a refugee under section 207; ``(iv) granted asylum under section 208; ``(v) granted the status of a nonimmigrant under section 101(a)(15)(H)(ii)(c); ``(vi) granted temporary protected status under section 244; or ``(vii) granted parole under section 212(d)(5).''. (c) Requirements for Electronic Employment Verification.-- Section 274B(a) (8 U.S.C. 1324b(a)) is amended by adding at the end the following: ``(7) Antidiscrimination requirements of the electronic employment verification system.--It is an unfair immigration- related employment practice for a person or other entity, in the course of the electronic verification process described in section 274A(d)-- ``(A) to terminate or undertake any adverse employment action due to a tentative nonconfirmation; ``(B) to use the verification system for screening of an applicant prior to an offer of employment; ``(C) except as described in section 274A(d)(4)(B), to use the verification system for a current employee after the first 3 days of employment, or for the reverification of an employee after the employee has satisfied the process described in section 274A(b).''. (d) Increase in Civil Money Penalties.--Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended-- (1) in subparagraph (B)(iv)-- (A) in subclause (I), by striking ``$250 and not more than $2,000'' and inserting ``$1,000 and not more than $4,000''; (B) in subclause (II), by striking ``$2,000 and not more than $5,000'' and inserting ``$4,000 and not more than $10,000''; (C) in subclause (III), by striking ``$3,000 and not more than $10,000'' and inserting ``$6,000 and not more than $20,000''; and (D) in subclause (IV), by striking ``$100 and not more than $1,000'' and inserting ``$500 and not more than $5,000''. (e) Increased Funding of Information Campaign.--Section 274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by inserting ``and an additional $40,000,000 for each of fiscal years 2007 through 2009'' before the period at the end. (f) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to violations occurring on or after such date. ______ SA 3321. Mr. OBAMA (for himself and Mrs. Feinstein) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: Strike title IV and insert the following: TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM Subtitle A--Temporary Guest Workers SEC. 401. IMMIGRATION IMPACT STUDY. (a) Effective Date.--Any regulation that would increase the number of aliens who are eligible for legal status may not take effect before 90 days after the date on which the Director of the Bureau of the Census submits a report to Congress under subsection (c). (b) Study.--The Director of the Bureau of the Census, jointly with the Secretary, the Secretary of Agriculture, the Secretary of Education, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of the Interior, the Secretary of Labor, the Secretary of Transportation, the Secretary of the Treasury, the Attorney General, and the Administrator of the Environmental Protection Agency, shall undertake a study examining the impacts of the current and proposed annual grants of legal status, including immigrant and nonimmigrant status, along with the current level of illegal immigration, on the infrastructure of and quality of life in the United States. (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Bureau of the Census shall submit to Congress a report on the findings of the study required by subsection (b), including the following information: (1) An estimate of the total legal and illegal immigrant populations of the United States, as they relate to the total population. (2) The projected impact of legal and illegal immigration on the size of the population of the United States over the next 50 years, which regions of the country are likely to experience the largest increases, which small towns and rural counties are likely to lose their character as a result of such growth, and how the proposed regulations would affect these projections. (3) The impact of the current and projected foreign-born populations on the natural environment, including the consumption of nonrenewable resources, waste production and disposal, the emission of pollutants, and the loss of habitat and productive farmland, an estimate of the public expenditures required to maintain current standards in each of these areas, the degree to which current standards will deteriorate if such expenditures are not forthcoming, and the additional effects the proposed regulations would have. (4) The impact of the current and projected foreign-born populations on employment and wage rates, particularly in industries such as agriculture and services in which the foreign born are concentrated, an estimate of the associated public costs, and the additional effects the proposed regulations would have. (5) The impact of the current and projected foreign-born populations on the need for additions and improvements to the transportation infrastructure of the United States, an estimate of the public expenditures required to meet this need, the impact on Americans' mobility if such expenditures are not forthcoming, and the additional effect the proposed regulations would have. (6) The impact of the current and projected foreign-born populations on enrollment, class size, teacher-student ratios, and the quality of education in public schools, an estimate of the public expenditures required to maintain current median standards, the degree to those standards will deteriorate if such expenditures are not forthcoming, and the additional effect the proposed regulations would have. (7) The impact of the current and projected foreign-born populations on home ownership rates, housing prices, and the demand for low-income and subsidized housing, the public expenditures required to maintain current median standards in these areas, the degree to which those standards will deteriorate if such expenditures are not forthcoming, and the additional effect the proposed regulations would have. (8) The impact of the current and projected foreign-born populations on access to quality health care and on the cost of health care and health insurance, an estimate of the public expenditures required to maintain current median standards, the degree to which those standards will deteriorate if such expenditures are not forthcoming, and the additional effect the proposed regulations would have. (9) The impact of the current and projected foreign-born populations on the criminal justice system in the United States, an estimate of the associated public costs, and the additional effect the proposed regulations would have. SEC. 402. NONIMMIGRANT TEMPORARY WORKER. (a) Temporary Worker Category.--Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is amended to read as follows: ``(H) an alien-- ``(i)(b) subject to section 212(j)(2)-- ``(aa) who is coming temporarily to the United States to perform services (other than services described in clause (ii)(a) or subparagraph (O) or (P)) in a specialty occupation described in section 214(i)(1) or as a fashion model; ``(bb) who meets the requirements for the occupation specified in section 214(i)(2) or, in the case of a fashion model, is of distinguished merit and ability; and ``(cc) with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security that the intending employer has filed an application with the Secretary in accordance with section 212(n)(1); [[Page S2931]] ``(b1)(aa) who is entitled to enter the United States under the provisions of an agreement listed in section 214(g)(8)(A); ``(bb) who is engaged in a specialty occupation described in section 214(i)(3); and ``(cc) with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed an attestation with the Secretary of Labor in accordance with section 212(t)(1); or ``(c)(aa) who is coming temporarily to the United States to perform services as a registered nurse; ``(bb) who meets the qualifications described in section 212(m)(1); and ``(cc) with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security that an unexpired attestation is on file and in effect under section 212(m)(2) for the facility (as defined in section 212(m)(6)) for which the alien will perform the services; or ``(ii)(a) who-- ``(aa) has a residence in a foreign country which the alien has no intention of abandoning; and ``(bb) is coming temporarily to the United States to perform agricultural labor or services (as defined by the Secretary of Labor), including agricultural labor (as defined in section 3121(g) of the Internal Revenue Code of 1986), agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f))), and the pressing of apples for cider on a farm, of a temporary or seasonal nature; ``(b) who-- ``(aa) has a residence in a foreign country which the alien has no intention of abandoning; ``(bb) is coming temporarily to the United States to perform nonagricultural work or services of a temporary or seasonal nature (if unemployed persons capable of performing such work or services cannot be found in the United States), excluding medical school graduates coming to the United States to perform services as members of the medical profession; or ``(c) who-- ``(aa) has a residence in a foreign country which the alien has no intention of abandoning; ``(bb) is coming temporarily to the United States to perform temporary labor or services other than the labor or services described in clause (i)(b), (i)(c), (ii)(a), or (iii), or subparagraph (L), (O), (P), or (R) (if unemployed persons capable of performing such labor or services cannot be found in the United States); and ``(cc) meets the requirements of section 218A, including the filing of a petition under such section on behalf of the alien; ``(iii) who-- ``(a) has a residence in a foreign country which the alien has no intention of abandoning; and ``(b) is coming temporarily to the United States as a trainee (other than to receive graduate medical education or training) in a training program that is not designed primarily to provide productive employment; or ``(iv) who-- ``(a) is the spouse or a minor child of an alien described in clause (iii); and ``(b) is accompanying or following to join such alien.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date which is 1 year after the date of the enactment of this Act and shall apply to aliens, who, on such effective date, are outside of the United States. SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS. (a) Temporary Guest Workers.-- (1) In general.--Chapter 2 of title II (8 U.S.C. 1181 et seq.) is amended by inserting after section 218 the following: ``SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS. ``(a) Authorization.--The Secretary of State may grant a temporary visa to an H-2C nonimmigrant who demonstrates an intent to perform labor or services in the United States (other than the labor or services described in clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or subparagraph (L), (O), (P), or (R)) of section 101(a)(15). ``(b) Requirements for Admission.--An alien shall be eligible for H-2C nonimmigrant status if the alien meets the following requirements: ``(1) Eligibility to work.--The alien shall establish that the alien is capable of performing the labor or services required for an occupation under section 101(a)(15)(H)(ii)(c). ``(2) Evidence of employment.--The alien shall establish that the alien has received a job offer from an employer who has complied with the requirements of 218B. ``(3) Fee.--The alien shall pay a $500 visa issuance fee in addition to the cost of processing and adjudicating such application. Nothing in this paragraph shall be construed to affect consular procedures for charging reciprocal fees. ``(4) Medical examination.--The alien shall undergo a medical examination (including a determination of immunization status), at the alien's expense, that conforms to generally accepted standards of medical practice. ``(5) Application content and waiver.-- ``(A) Application form.--The alien shall submit to the Secretary a completed application, on a form designed by the Secretary of Homeland Security, including proof of evidence of the requirements under paragraphs (1) and (2). ``(B) Content.--In addition to any other information that the Secretary requires to determine an alien's eligibility for H-2C nonimmigrant status, the Secretary shall require an alien to provide information concerning the alien's-- ``(i) physical and mental health; ``(ii) criminal history and gang membership; ``(iii) immigration history; and ``(iv) involvement with groups or individuals that have engaged in terrorism, genocide, persecution, or who seek the overthrow of the United States Government. ``(C) Knowledge.--The alien shall include with the application submitted under this paragraph a signed certification in which the alien certifies that-- ``(i) the alien has read and understands all of the questions and statements on the application form; ``(ii) the alien certifies under penalty of perjury under the laws of the United States that the application, and any evidence submitted with it, are all true and correct; and ``(iii) the applicant authorizes the release of any information contained in the application and any attached evidence for law enforcement purposes. ``(c) Grounds of Inadmissibility.-- ``(1) In general.--In determining an alien's admissibility as an H-2C nonimmigrant-- ``(A) paragraphs (5), (6)(A), (7), (9)(B), and (9)(C) of section 212(a) may be waived for conduct that occurred before the effective date of the Comprehensive Immigration Reform Act of 2006; ``(B) the Secretary of Homeland Security may not waive the application of-- ``(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of section 212(a)(2) (relating to criminals); ``(ii) section 212(a)(3) (relating to security and related grounds); or ``(iii) subparagraph (A), (C) or (D) of section 212(a)(10) (relating to polygamists and child abductors); and ``(C) for conduct that occurred before the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary of Homeland Security may waive the application of any provision of section 212(a) not listed in subparagraph (B) on behalf of an individual alien-- ``(i) for humanitarian purposes; ``(ii) to ensure family unity; or ``(iii) if such a waiver is otherwise in the public interest. ``(2) Renewal of authorized admission and subsequent admissions.--An alien seeking renewal of authorized admission or subsequent admission as an H-2C nonimmigrant shall establish that the alien is not inadmissible under section 212(a). ``(d) Background Checks.--The Secretary of Homeland Security shall not admit, and the Secretary of State shall not issue a visa to, an alien seeking H-2C nonimmigrant status unless all appropriate background checks have been completed. ``(e) Ineligible to Change Nonimmigrant Classification.--An H-2C nonimmigrant may not change nonimmigrant classification under section 248. ``(f) Period of Authorized Admission.-- ``(1) Authorized period and renewal.--The initial period of authorized admission as an H-2C nonimmigrant shall be 3 years, and the alien may seek 1 extension for an additional 3-year period. ``(2) International commuters.--An alien who resides outside the United States and commutes into the United States to work as an H-2C nonimmigrant, is not subject to the time limitations under paragraph (1). ``(3) Loss of employment.-- ``(A) In general.--Subject to subsection (c), the period of authorized admission of an H-2C nonimmigrant shall terminate if the alien is unemployed for 60 or more consecutive days. ``(B) Return to foreign residence.--Any alien whose period of authorized admission terminates under subparagraph (A) shall be required to leave the United States. ``(C) Period of visa validity.--Any alien, whose period of authorized admission terminates under subparagraph (A), who leaves the United States under subparagraph (B), may reenter the United States as an H-2C nonimmigrant to work for an employer, if the alien has complied with the requirements of subsections (b) and (f)(2). The Secretary may, in the Secretary's sole and unreviewable discretion, reauthorize such alien for admission as an H-2C nonimmigrant without requiring the alien's departure from the United States. ``(4) Visits outside united states.-- ``(A) In general.--Under regulations established by the Secretary of Homeland Security, an H-2C nonimmigrant-- ``(i) may travel outside of the United States; and ``(ii) may be readmitted without having to obtain a new visa if the period of authorized admission has not expired. ``(B) Effect on period of authorized admission.--Time spent outside the United States under subparagraph (A) shall not extend the period of authorized admission in the United States. ``(5) Bars to extension or admission.--An alien may not be granted H-2C nonimmigrant status, or an extension of such status, if-- [[Page S2932]] ``(A) the alien has violated any material term or condition of such status granted previously, including failure to comply with the change of address reporting requirements under section 265; ``(B) the alien is inadmissible as a nonimmigrant; or ``(C) the granting of such status or extension of such status would allow the alien to exceed 6 years as an H-2C nonimmigrant, unless the alien has resided and been physically present outside the United States for at least 1 year after the expiration of such H-2C nonimmigrant status. ``(g) Evidence of Nonimmigrant Status.--Each H-2C nonimmigrant shall be issued documentary evidence of nonimmigrant status, which-- ``(1) shall be machine-readable, tamper-resistant, and allow for biometric authentication; ``(2) shall be designed in consultation with the Forensic Document Laboratory of the Bureau of Immigration and Customs Enforcement; ``(3) shall, during the alien's authorized period of admission under subsection (f), serve as a valid entry document for the purpose of applying for admission to the United States-- ``(A) instead of a passport and visa if the alien-- ``(i) is a national of a foreign territory contiguous to the United States; and ``(ii) is applying for admission at a land border port of entry; and ``(B) in conjunction with a valid passport, if the alien is applying for admission at an air or sea port of entry; ``(4) may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); and ``(5) shall be issued to the H-2C nonimmigrant by the Secretary of Homeland Security promptly after the final adjudication of such alien's application for H-2C nonimmigrant status. ``(h) Penalty for Failure to Depart.--If an H-2C nonimmigrant fails to depart the United States before the date which is 10 days after the date that the alien's authorized period of admission as an H-2C nonimmigrant terminates, the H-2C nonimmigrant may not apply for or receive any immigration relief or benefit under this Act or any other law, except for relief under sections 208 and 241(b)(3) and relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, for an alien who indicates either an intention to apply for asylum under section 208 or a fear of persecution or torture. ``(i) Penalty for Illegal Entry or Overstay.--Any alien who enters, attempts to enter, or crosses the border after the date of the enactment of this section, and is physically present in the United States after such date in violation of this Act or of any other Federal law, may not receive, for a period of 10 years-- ``(1) any relief under sections 240A and 240B; or ``(2) nonimmigrant status under section 101(a)(15). ``(j) Portability.--A nonimmigrant alien described in this section, who was previously issued a visa or otherwise provided H-2C nonimmigrant status, may accept a new offer of employment with a subsequent employer, if-- ``(1) the employer complies with section 218B; and ``(2) the alien, after lawful admission to the United States, did not work without authorization. ``(k) Change of Address.--An H-2C nonimmigrant shall comply with the change of address reporting requirements under section 265 through either electronic or paper notification. ``(l) Collection of Fees.--All fees collected under this section shall be deposited in the Treasury in accordance with section 286(c). ``(m) Issuance of H-4 Nonimmigrant Visas for Spouse and Children.-- ``(1) In general.--The alien spouse and children of an H-2C nonimmigrant (referred to in this section as `dependent aliens') who are accompanying or following to join the H-2C nonimmigrant may be issued nonimmigrant visas under section 101(a)(15)(H)(iv). ``(2) Requirements for admission.--A dependent alien is eligible for nonimmigrant status under 101(a)(15)(H)(iv) if the dependant alien meets the following requirements: ``(A) Eligibility.--The dependent alien is admissible as a nonimmigrant and does not fall within a class of aliens ineligible for H-4A nonimmigrant status listed under subsection (c). ``(B) Medical examination.--Before a nonimmigrant visa is issued to a dependent alien under this subsection, the dependent alien may be required to submit to a medical examination (including a determination of immunization status) at the alien's expense, that conforms to generally accepted standards of medical practice. ``(C) Background checks.--Before a nonimmigrant visa is issued to a dependent alien under this section, the consular officer shall conduct such background checks as the Secretary of State, in consultation with the Secretary of Homeland Security, considers appropriate. ``(n) Definitions.--In this section and sections 218B, 218C, and 218D: ``(1) Aggrieved person.--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 for workers whose jobs, wages, or working conditions are adversely affected by the violation who brings a complaint on behalf of such worker. ``(2) Area of employment.--The terms `area of employment' and `area of intended employment' mean the area within normal commuting distance of the worksite or physical location at which the work of the temporary worker is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the area of employment. ``(3) Eligible individual.--The term `eligible individual' means, with respect to employment, an individual who is not an unauthorized alien (as defined in section 274A) with respect to that employment. ``(4) Employ; employee; employer.--The terms `employ', `employee', and `employer' have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). ``(5) Foreign labor contractor.--The term `foreign labor contractor' means any person who for any compensation or other valuable consideration paid or promised to be paid, performs any foreign labor contracting activity. ``(6) Foreign labor contracting activity.--The term `foreign labor contracting activity' means recruiting, soliciting, hiring, employing, or furnishing, an individual who resides outside of the United States for employment in the United States as a nonimmigrant alien described in section 101(a)(15)(H)(ii)(c). ``(7) H-2c nonimmigrant.--The term `H-2C nonimmigrant' means a nonimmigrant described in section 101(a)(15)(H)(ii)(c). ``(8) Separation from employment.--The term `separation from employment' means the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract. The term does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether the employee accepts the offer. Nothing in this paragraph shall limit an employee's rights under a collective bargaining agreement or other employment contract. ``(9) United states worker.--The term `United States worker' means an employee who is-- ``(A) a citizen or national of the United States; or ``(B) an alien who is-- ``(i) lawfully admitted for permanent residence; ``(ii) admitted as a refugee under section 207; ``(iii) granted asylum under section 208; or ``(iv) otherwise authorized, under this Act or by the Secretary of Homeland Security, to be employed in the United States.''. (2) Clerical amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 218 the following: ``Sec. 218A. Admission of temporary H-2C workers.''. (b) Creation of State Impact Assistance Account.--Section 286 (8 U.S.C. 1356) is amended by adding at the end the following: ``(x) State Impact Assistance Account.--There is established in the general fund of the Treasury a separate account, which shall be known as the `State Impact Aid Account'. Notwithstanding any other provision under this Act, there shall be deposited as offsetting receipts into the account all family supplemental visa and family supplemental extension of status fees collected under sections 218A and 218B.''. SEC. 404. EMPLOYER OBLIGATIONS. (a) In General.--Title II (8 U.S.C. 1201 et seq.) is amended by inserting after section 218A, as added by section 403, the following: ``SEC. 218B. EMPLOYER OBLIGATIONS. ``(a) General Requirements.--Each employer who employs an H-2C nonimmigrant shall-- ``(1) file a petition in accordance with subsection (b); and ``(2) pay the appropriate fee, as determined by the Secretary of Labor. ``(b) Petition.--A petition to hire an H-2C nonimmigrant under this section shall include an attestation by the employer of the following: ``(1) Protection of united states workers.--The employment of an H-2C nonimmigrant-- ``(A) will not adversely affect the wages and working conditions of workers in the United States similarly employed; and ``(B) did not and will not cause the separation from employment of a United States worker employed by the employer within the 180-day period beginning 90 days before the date on which the petition is filed. ``(2) Wages.-- ``(A) In general.--The H-2C nonimmigrant will be paid not less than the greater of-- ``(i) the actual wage level paid by the employer to all other individuals with similar [[Page S2933]] experience and qualifications for the specific employment in question; or ``(ii) the prevailing wage level for the occupational classification in the area of employment, taking into account experience and skill levels of employees. ``(B) Calculation.--The wage levels under subparagraph (A) shall be calculated based on the best information available at the time of the filing of the application. ``(C) Prevailing wage level.--For purposes of subparagraph (A)(ii), the prevailing wage level shall be determined in accordance as follows: ``(i) If the job opportunity is covered by a collective bargaining agreement between a union and the employer, the prevailing wage shall be the wage rate set forth in the collective bargaining agreement. ``(ii) If the job opportunity is not covered by such an agreement and it is in an occupation that is covered by a wage determination under a provision of subchapter IV of chapter 31 of title 40, United States Code, or the Service Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing wage level shall be the appropriate statutory wage. ``(iii)(I) If the job opportunity is not covered by such an agreement and it is in an occupation that is not covered by a wage determination under a provision of subchapter IV of chapter 31 of title 40, United States Code, or the Service Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing wage level shall be based on published wage data for the occupation from the Bureau of Labor Statistics, including the Occupational Employment Statistics survey, Current Employment Statistics data, National Compensation Survey, and Occupational Employment Projections program. If the Bureau of Labor Statistics does not have wage data applicable to such occupation, the employer may base the prevailing wage level on another wage survey approved by the Secretary of Labor. ``(II) The Secretary shall promulgate regulations applicable to approval of such other wage surveys that require, among other things, that the Bureau of Labor Statistics determine such surveys are statistically viable. ``(3) Working conditions.--All workers in the occupation at the place of employment at which the H-2C nonimmigrant will be employed will be provided the working conditions and benefits that are normal to workers similarly employed in the area of intended employment. ``(4) Labor dispute.--There is not a strike, lockout, or work stoppage in the course of a labor dispute in the occupation at the place of employment at which the H-2C nonimmigrant will be employed. If such strike, lockout, or work stoppage occurs following submission of the petition, the employer will provide notification in accordance with regulations promulgated by the Secretary of Labor. ``(5) Provision of insurance.--If the position for which the H-2C nonimmigrant is sought is not covered by the State workers' compensation law, the employer will provide, at no cost to the H-2C nonimmigrant, insurance covering injury and disease arising out of, and in the course of, the worker's employment, which will provide benefits at least equal to those provided under the State workers' compensation law for comparable employment. ``(6) Notice to employees.-- ``(A) In general.--The employer has provided notice of the filing of the petition to the bargaining representative of the employer's employees in the occupational classification and area of employment for which the H-2C nonimmigrant is sought. ``(B) No bargaining representative.--If there is no such bargaining representative, the employer has-- ``(i) posted a notice of the filing of the petition in a conspicuous location at the place or places of employment for which the H-2C nonimmigrant is sought; or ``(ii) electronically disseminated such a notice to the employer's employees in the occupational classification for which the H-2C nonimmigrant is sought. ``(7) Recruitment.--Except where the Secretary of Labor has determined that there is a shortage of United States workers in the occupation and area of intended employment for which the H-2C nonimmigrant is sought-- ``(A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition; and ``(B) good faith efforts have been taken to recruit United States workers, in accordance with regulations promulgated by the Secretary of Labor, which efforts included-- ``(i) the completion of recruitment during the period beginning on the date that is 90 days before the date on which the petition was filed with the Department of Homeland Security and ending on the date that is 14 days before such filing date; and ``(ii) the actual wage paid by the employer for the occupation in the areas of intended employment was used in conducting recruitment. ``(8) Ineligibility.--The employer is not currently ineligible from using the H-2C nonimmigrant program described in this section. ``(9) Bonafide offer of employment.--The job for which the H-2C nonimmigrant is sought is a bona fide job-- ``(A) for which the employer needs labor or services; ``(B) which has been and is clearly open to any United States worker; and ``(C) for which the employer will be able to place the H-2C nonimmigrant on the payroll. ``(10) Public availability and records retention.--A copy of each petition filed under this section and documentation supporting each attestation, in accordance with regulations promulgated by the Secretary of Labor, will-- ``(A) be provided to every H-2C nonimmigrant employed under the petition; ``(B) be made available for public examination at the employer's place of business or work site; ``(C) be made available to the Secretary of Labor during any audit; and ``(D) remain available for examination for 5 years after the date on which the petition is filed. ``(11) Notification upon separation from or transfer of employment.--The employer will notify the Secretary of Labor and the Secretary of Homeland Security of an H-2C nonimmigrant's separation from employment or transfer to another employer not more than 3 business days after the date of such separation or transfer, in accordance with regulations promulgated by the Secretary of Homeland Security. ``(12) Actual need for labor or services.--The petition was filed not more than 60 days before the date on which the employer needed labor or services for which the H-2C nonimmigrant is sought. ``(c) Audit of Attestations.-- ``(1) Referrals by secretary of homeland security.--The Secretary of Homeland Security shall refer all approved petitions for H-2C nonimmigrants to the Secretary of Labor for potential audit. ``(2) Audits authorized.--The Secretary of Labor may audit any approved petition referred pursuant to paragraph (1), in accordance with regulations promulgated by the Secretary of Labor. ``(d) Ineligible Employers.-- ``(1) In general.--The Secretary of Homeland Security shall not approve an employer's petitions, applications, certifications, or attestations under any immigrant or nonimmigrant program if the Secretary of Labor determines, after notice and an opportunity for a hearing, that the employer submitting such documents-- ``(A) has, with respect to the attestations required under subsection (b)-- ``(i) misrepresented a material fact; ``(ii) made a fraudulent statement; or ``(iii) failed to comply with the terms of such attestations; or ``(B) failed to cooperate in the audit process in accordance with regulations promulgated by the Secretary of Labor. ``(2) Length of ineligibility.--An employer described in paragraph (1) shall be ineligible to participate in the labor certification programs of the Secretary of Labor for not less than the time period determined by the Secretary, not to exceed 3 years. ``(3) Employers in high unemployment areas.--Beginning on the date that is 1 year after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary of Homeland Security may not approve any employer's petition under subsection (b) if the work to be performed by the H-2C nonimmigrant is located in a metropolitan or micropolitan statistical area (as defined by the Office of Management and Budget) in which the unemployment rate for unskilled and low-skilled workers during the most recently completed 6-month period averaged more than 9.0 percent. ``(e) Regulation of Foreign Labor Contractors.-- ``(1) Coverage.--Notwithstanding any other provision of law, an H-2C nonimmigrant may not be treated as an independent contractor. ``(2) Applicability of laws.--An H-2C nonimmigrant shall not be denied any right or any remedy under Federal, State, or local labor or employment law that would be applicable to a United States worker employed in a similar position with the employer because of the alien's status as a nonimmigrant worker. ``(3) Tax responsibilities.--With respect to each employed H-2C nonimmigrant, an employer shall comply with all applicable Federal, State, and local tax and revenue laws. ``(f) Whistleblower Protection.--It shall be unlawful for an employer or a labor contractor of an H-2C nonimmigrant to intimidate, threaten, restrain, coerce, retaliate, discharge, or in any other manner, discriminate against an employee or former employee because the employee or former employee-- ``(1) discloses information to the employer or any other person that the employee or former employee reasonably believes demonstrates a violation of this Act; or ``(2) cooperates or seeks to cooperate in an investigation or other proceeding concerning compliance with the requirements of this Act. ``(g) Labor Recruiters.-- ``(1) In general.--Each employer that engages in foreign labor contracting activity and each foreign labor contractor shall ascertain and disclose, to each such worker who is recruited for employment at the time of the worker's recruitment-- ``(A) the place of employment; ``(B) the compensation for the employment; ``(C) a description of employment activities; [[Page S2934]] ``(D) the period of employment; ``(E) any other employee benefit to be provided and any costs to be charged for each benefit; ``(F) any travel or transportation expenses to be assessed; ``(G) the existence of any labor organizing effort, strike, lockout, or other labor dispute at the place of employment; ``(H) the existence of any arrangement with any owner, employer, foreign contractor, or its agent where such person receives a commission from the provision of items or services to workers; ``(I) the extent to which workers will be compensated through workers' compensation, private insurance, or otherwise for injuries or death, including-- ``(i) work related injuries and death during the period of employment; ``(ii) the name of the State workers' compensation insurance carrier or the name of the policyholder of the private insurance; ``(iii) the name and the telephone number of each person who must be notified of an injury or death; and ``(iv) the time period within which such notice must be given; ``(J) any education or training to be provided or required, including-- ``(i) the nature and cost of such training; ``(ii) the entity that will pay such costs; and ``(iii) whether the training is a condition of employment, continued employment, or future employment; and ``(K) a statement, in a form specified by the Secretary of Labor, describing the protections of this Act for workers recruited abroad. ``(2) False or misleading information.--No foreign labor contractor or employer who engages in foreign labor contracting activity shall knowingly provide material false or misleading information to any worker concerning any matter required to be disclosed in paragraph (1). ``(3) Languages.--The information required to be disclosed under paragraph (1) shall be provided in writing in English or, as necessary and reasonable, in the language of the worker being recruited. The Secretary of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section. ``(4) Fees.--A person conducting a foreign labor contracting activity shall not assess any fee to a worker for such foreign labor contracting activity. ``(5) Terms.--No employer or foreign labor contractor shall, without justification, violate the terms of any agreement made by that contractor or employer regarding employment under this program. ``(6) Travel costs.--If the foreign labor contractor or employer charges the employee for transportation such transportation costs shall be reasonable. ``(7) Other worker protections.-- ``(A) Notification.--Not less frequently than once every 2 years, each employer shall notify the Secretary of Labor of the identity of any foreign labor contractor engaged by the employer in any foreign labor contractor activity for, or on behalf of, the employer. ``(B) Registration of foreign labor contractors.-- ``(i) In general.--No person shall engage in foreign labor recruiting activity unless such person has a certificate of registration from the Secretary of Labor specifying the activities that such person is authorized to perform. An employer who retains the services of a foreign labor contractor shall only use those foreign labor contractors who are registered under this subparagraph. ``(ii) Issuance.--The Secretary shall promulgate regulations to establish an efficient electronic process for the investigation and approval of an application for a certificate of registration of foreign labor contractors not later than 14 days after such application is filed, including-- ``(I) requirements under paragraphs (1), (4), and (5) of section 102 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1812); ``(II) an expeditious means to update registrations and renew certificates; and ``(III) any other requirements that the Secretary may prescribe. ``(iii) Term.--Unless suspended or revoked, a certificate under this subparagraph shall be valid for 2 years. ``(iv) Refusal to issue; revocation; suspension.--In accordance with regulations promulgated by the Secretary of Labor, the Secretary may refuse to issue or renew, or may suspend or revoke, a certificate of registration under this subparagraph if-- ``(I) the application or holder of the certification has knowingly made a material misrepresentation in the application for such certificate; ``(II) the applicant for, or holder of, the certification is not the real party in interest in the application or certificate of registration and the real party in interest-- ``(aa) is a person who has been refused issuance or renewal of a certificate; ``(bb) has had a certificate suspended or revoked; or ``(cc) does not qualify for a certificate under this paragraph; or ``(III) the applicant for or holder of the certification has failed to comply with this Act. ``(C) Remedy for violations.--An employer engaging in foreign labor contracting activity and a foreign labor contractor that violates the provisions of this subsection shall be subject to remedies for foreign labor contractor violations under subsections (h) and (i). If a foreign labor contractor acting as an agent of an employer violates any provision of this subsection, the employer shall also be subject to remedies under subsections (h) and (i). An employer that violates a provision of this subsection relating to employer obligations shall be subject to remedies under subsections (h) and (i). ``(D) Employer notification.--An employer shall notify the Secretary of Labor if the employer becomes aware of a violation of this subsection by a foreign labor recruiter. ``(E) Written agreements.--A foreign labor contractor may not violate the terms of any written agreements made with an employer relating to any contracting activity or worker protection under this subsection. ``(F) Bonding requirement.--The Secretary of Labor may require a foreign labor contractor to post a bond in an amount sufficient to ensure the protection of individuals recruited by the foreign labor contractor. The Secretary may consider the extent to which the foreign labor contractor has sufficient ties to the United States to adequately enforce this subsection. ``(h) Enforcement.-- ``(1) In general.--The Secretary of Labor shall promulgate regulations for the receipt, investigation, and disposition of complaints by an aggrieved person respecting a violation of this section. ``(2) Filing deadline.--No investigation or hearing shall be conducted on a complaint concerning a violation under this section unless the complaint was filed not later than 12 months after the date of such violation. ``(3) Reasonable cause.--The Secretary of Labor shall conduct an investigation under this subsection if there is reasonable cause to believe that a violation of this section has occurred. The process established under this subsection shall provide that, not later than 30 days after a complaint is filed, the Secretary shall determine if there is reasonable cause to find such a violation. ``(4) Notice and hearing.-- ``(A) In general.--Not later than 60 days after the Secretary of Labor makes a determination of reasonable cause under paragraph (4), the Secretary shall issue a notice to the interested parties and offer an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code. ``(B) Complaint.--If the Secretary of Labor, after receiving a complaint under this subsection, does not offer the aggrieved party or organization an opportunity for a hearing under subparagraph (A), the Secretary shall notify the aggrieved party or organization of such determination and the aggrieved party or organization may seek a hearing on the complaint in accordance with such section 556. ``(C) Hearing deadline.--Not later than 60 days after the date of a hearing under this paragraph, the Secretary of Labor shall make a finding on the matter in accordance with paragraph (5). ``(5) Attorneys' fees.--A complainant who prevails with respect to a claim under this subsection shall be entitled to an award of reasonable attorneys' fees and costs. ``(6) Power of the secretary.--The Secretary may bring an action in any court of competent jurisdiction-- ``(A) to seek remedial action, including injunctive relief; ``(B) to recover the damages described in subsection (i); or ``(C) to ensure compliance with terms and conditions described in subsection (g). ``(7) Solicitor of labor.--Except as provided in section 518(a) of title 28, United States Code, the Solicitor of Labor may appear for and represent the Secretary of Labor in any civil litigation brought under this subsection. All such litigation shall be subject to the direction and control of the Attorney General. ``(8) Procedures in addition to other rights of employees.--The rights and remedies provided to workers under this section are in addition to any other contractual or statutory rights and remedies of the workers, and are not intended to alter or affect such rights and remedies. ``(i) Penalties.-- ``(1) In general.--If, after notice and an opportunity for a hearing, the Secretary of Labor finds a violation of subsection (b), (e), (f), or (g), the Secretary may impose administrative remedies and penalties, including-- ``(A) back wages; ``(B) benefits; and ``(C) civil monetary penalties. ``(2) Civil penalties.--The Secretary of Labor may impose, as a civil penalty-- ``(A) for a violation of subsection (e) or (f)-- ``(i) a fine in an amount not to exceed $2,000 per violation per affected worker; ``(ii) if the violation was willful violation, a fine in an amount not to exceed $5,000 per violation per affected worker; ``(iii) if the violation was willful and if in the course of such violation a United States worker was harmed, a fine in an amount not to exceed $25,000 per violation per affected worker; and ``(B) for a violation of subsection (g)-- ``(i) a fine in an amount not less than $500 and not more than $4,000 per violation per affected worker; ``(ii) if the violation was willful, a fine in an amount not less than $2,000 and not more than $5,000 per violation per affected worker; and [[Page S2935]] ``(iii) if the violation was willful and if in the course of such violation a United States worker was harmed, a fine in an amount not less than $6,000 and not more than $35,000 per violation per affected worker. ``(3) Use of civil penalties.--All penalties collected under this subsection shall be deposited in the Treasury in accordance with section 286(w). ``(4) Criminal penalties.--If a willful and knowing violation of subsection (g) causes extreme physical or financial harm to an individual, the person in violation of such subsection may be imprisoned for not more than 6 months, fined in an amount not more than $35,000, or both.''. (b) Clerical Amendment.--The table of contents is amended by inserting after the item relating to section 218A, as added by section 403, the following: ``Sec. 218B. Employer obligations.''. SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. (a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by inserting after section 218B, as added by section 404, the following: ``SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. ``(a) Establishment.--The Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of State, and the Commission of Social Security, shall develop and implement a program (referred to in this section as the `alien employment management system') to manage and track the employment of aliens described in sections 218A and 218D. ``(b) Requirements.--The alien employment management system shall-- ``(1) provide employers who seek employees with an opportunity to recruit and advertise employment opportunities available to United States workers before hiring an H-2C nonimmigrant; ``(2) collect sufficient information from employers to enable the Secretary of Homeland Security to determine-- ``(A) if the nonimmigrant is employed; ``(B) which employers have hired an H-2C nonimmigrant; ``(C) the number of H-2C nonimmigrants that an employer is authorized to hire and is currently employing; ``(D) the occupation, industry, and length of time that an H-2C nonimmigrant has been employed in the United States; ``(3) allow employers to request approval of multiple H-2C nonimmigrant workers; and ``(4) permit employers to submit applications under this section in an electronic form.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 218B, as added by section 404, the following: ``Sec. 218C. Alien employment management system.''. SEC. 406. RULEMAKING; EFFECTIVE DATE. (a) Rulemaking.--Not later than 6 months after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations, in accordance with the notice and comment provisions of section 553 of title 5, United States Code, to carry out the provisions of sections 218A, 218B, and 218C, as added by this Act. (b) Effective Date.--The amendments made by sections 403, 404, and 405 shall take effect on the date that is 1 year after the date of the enactment of this Act with regard to aliens, who, on such effective date, are in the foreign country where they maintain residence. SEC. 407. RECRUITMENT OF UNITED STATES WORKERS. (a) Electronic Job Registry.--The Secretary of Labor shall establish a publicly accessible Web page on the Internet website of the Department of Labor that provides a single Internet link to each State workforce agency's statewide electronic registry of jobs available throughout the United States to United States workers. (b) Recruitment of United States Workers.-- (1) Posting.--An employer shall attest that the employer has posted an employment opportunity at a prevailing wage level, as described in section 218B(b)(2)(C) of the Immigration and Nationality Act, as added by section 404 of this Act. (2) Records.--An employer shall maintain records for not less than 1 year after the date on which an H-2C nonimmigrant is hired that describe the reasons for not hiring any of the United States workers who may have applied for such position. (c) Oversight and Maintenance of Records.--The Secretary of Labor shall promulgate regulations regarding the maintenance of electronic job registry records for the purpose of audit or investigation. (d) Access to Electronic Job Registry.--The Secretary of Labor shall ensure that job opportunities advertised on an electronic job registry established under this section are accessible-- (1) by the State workforce agencies, which may further disseminate job opportunity information to other interested parties; and (2) through the Internet, for access by workers, employers, labor organizations, and other interested parties. SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM TASK FORCE. (a) Establishment.--There is established a task force to be known as the ``Temporary Worker Task Force'' (referred to in this section as the ``Task Force''). (b) Purposes.--The purposes of the Task Force are-- (1) to study the impact of the admission of aliens under section 101(a)(15)(ii)(c) on the wages, working conditions, and employment of United States workers; and (2) to make recommendations to the Secretary of Labor regarding the need for an annual numerical limitation on the number of aliens that may be admitted in any fiscal year under section 101(a)(15)(ii)(c). (c) Membership.-- (1) In general.--The Task Force shall be composed of 10 members, of whom-- (A) 1 shall be appointed by the President and shall serve as chairman of the Task Force; (B) 1 shall be appointed by the leader of the minority party in the Senate, in consultation with the leader of the minority party in the House of Representatives, and shall serve as vice chairman of the Task Force; (C) 2 shall be appointed by the majority leader of the Senate; (D) 2 shall be appointed by the minority leader of the Senate; (E) 2 shall be appointed by the Speaker of the House of Representatives; and (F) 2 shall be appointed by the minority leader of the House of Representatives. (2) Deadline for appointment.--All members of the Task Force shall be appointed not later than 6 months after the date of the enactment of this Act. (3) Vacancies.--Any vacancy in the Task Force shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (4) Quorum.--Six members of the Task Force shall constitute a quorum. (d) Qualifications.-- (1) In general.--Members of the Task Force shall be-- (A) individuals with expertise in economics, demography, labor, business, or immigration or other pertinent qualifications or experience; and (B) representative of a broad cross-section of perspectives within the United States, including the public and private sectors and academia. (2) Political affiliation.--Not more than 5 members of the Task Force may be members of the same political party. (3) Nongovernmental appointees.--An individual appointed to the Task Force may not be an officer or employee of the Federal Government or of any State or local government. (e) Meetings.-- (1) Initial meeting.--The Task Force shall meet and begin the operations of the Task Force as soon as practicable. (2) Subsequent meetings.--After its initial meeting, the Task Force shall meet upon the call of the chairman or a majority of its members. (f) Report.--Not later than 18 months after the date of the enactment of this Act, the Task Force shall submit, to Congress, the Secretary of Labor, and the Secretary, a report that contains-- (1) findings with respect to the duties of the Task Force; and (2) recommendations for imposing a numerical limit. (g) Numerical Limitations.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended-- (1) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following: ``(C) under section 101(a)(15)(H)(ii)(c) may not exceed-- ``(i) 300,000 for the first fiscal year in which the program is implemented; ``(ii) in any subsequent fiscal year-- ``(I) if the total number of visas allocated for that fiscal year are allotted within the first quarter of that fiscal year, then an additional 20 percent of the allocated number shall be made available immediately and the allocated amount for the following fiscal year shall increase by 20 percent of the original allocated amount in the prior fiscal year; ``(II) if the total number of visas allocated for that fiscal year are allotted within the second quarter 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; ``(III) if the total number of visas allocated for that fiscal year are allotted within the third quarter of that fiscal year, then an additional 10 percent of the allocated number shall be made available immediately and the allocated amount for the following fiscal year shall increase by 10 percent of the original allocated amount in the prior fiscal year; ``(IV) if the total number of visas allocated for that fiscal year are allotted within the last quarter 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 ``(V) 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.''. (h) Adjustment to Lawful Permanent Resident Status.-- Section 245 (8 U.S.C. 1255) is amended by adding at the end the following: ``(n)(1) For purposes of adjustment of status under subsection (a), employment-based immigrant visas shall be made available to [[Page S2936]] an alien having nonimmigrant status described in section 101(a)(15)(H)(ii)(c) upon the filing of a petition for such a visa-- ``(A) by the alien's employer; or ``(B) by the alien, if the alien has maintained such nonimmigrant status in the United States for a cumulative total of 4 years. ``(2) An alien having nonimmigrant status described in section 101(a)(15)(H)(ii)(c) may not apply for adjustment of status under this section unless the alien-- ``(A) is physically present in the United States; and ``(B) the alien establishes that the alien-- ``(i) meets the requirements of section 312; or ``(ii) is satisfactorily pursuing a course of study to achieve such an understanding of English and knowledge and understanding of the history and government of the United States. ``(3) An alien who demonstrates that the alien meets the requirements of section 312 may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the United States under title III. ``(4) Filing a petition under paragraph (1) on behalf of an alien or otherwise seeking permanent residence in the United States for such alien shall not constitute evidence of the alien's ineligibility for nonimmigrant status under section 101(a)(15)(H)(ii)(c). ``(5) The Secretary of Homeland Security shall extend, in 1-year increments, the stay of an alien for whom a labor certification petition filed under section 203(b) or an immigrant visa petition filed under section 204(b) is pending until a final decision is made on the alien's lawful permanent residence. ``(6) Nothing in this subsection shall be construed to prevent an alien having nonimmigrant status described in section 101(a)(15)(H)(ii)(c) from filing an application for adjustment of status under this section in accordance with any other provision of law.''. SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES. (a) In General.--The Secretary of State, in cooperation with the Secretary and the Attorney General, shall negotiate with each home country of aliens described in section 101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act, as added by section 402, to enter into a bilateral agreement with the United States that conforms to the requirements under subsection (b). (b) Requirements of Bilateral Agreements.--Each agreement negotiated under subsection (a) shall require the participating home country to-- (1) accept the return of nationals who are ordered removed from the United States within 3 days of such removal; (2) cooperate with the United States Government to-- (A) identify, track, and reduce gang membership, violence, and human trafficking and smuggling; and (B) control illegal immigration; (3) provide the United States Government with-- (A) passport information and criminal records of aliens who are seeking admission to, or are present in, the United States; and (B) admission and entry data to facilitate United States entry-exit data systems; and (4) educate nationals of the home country regarding United States temporary worker programs to ensure that such nationals are not exploited; and (5) evaluate means to provide housing incentives in the alien's home country for returning workers. SEC. 410. S VISAS. (a) Expansion of S Visa Classification.--Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amended-- (1) in clause (i)-- (A) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; (B) in subclause (I), by inserting before the semicolon, `, including a criminal enterprise undertaken by a foreign government, its agents, representatives, or officials'; (C) in subclause (III), by inserting ``where the information concerns a criminal enterprise undertaken by an individual or organization that is not a foreign government, its agents, representatives, or officials,'' before ``whose''; and (D) by striking ``or'' at the end; and (2) in clause (ii)-- (A) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (B) by striking ``1956,'' and all that follows through ``the alien;'' and inserting the following: ``1956; or ``(iii) who the Secretary of Homeland Security and the Secretary of State, in consultation with the Director of Central Intelligence, jointly determine-- ``(I) is in possession of critical reliable information concerning the activities of governments or organizations, or their agents, representatives, or officials, with respect to weapons of mass destruction and related delivery systems, if such governments or organizations are at risk of developing, selling, or transferring such weapons or related delivery systems; and ``(II) is willing to supply or has supplied, fully and in good faith, information described in subclause (I) to appropriate persons within the United States Government; ``and, if the Secretary of Homeland Security (or with respect to clause (ii), the Secretary of State and the Secretary of Homeland Security jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (i), (ii), or (iii) if accompanying, or following to join, the alien;''. (b) Numerical Limitation.--Section 214(k)(1) (8 U.S.C. 1184(k)(1)) is amended by striking ``The number of aliens'' and all that follows through the period and inserting the following: ``The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S) in any fiscal year may not exceed 1,000.''. (c) Reports.-- (1) Content.--Paragraph (4) of section 214(k) (8 U.S.C. 1184(k)) is amended-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``The Attorney General'' and inserting ``The Secretary of Homeland Security''; and (ii) by striking ``concerning--'' and inserting ``that includes--''; (B) in subparagraph (D), by striking ``and''; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by inserting at the end the following: ``(F) in the event that the total number of such nonimmigrants admitted is fewer than 25 percent of the total number provided for under paragraph (1) of this subsection-- ``(i) the reasons why the number of such nonimmigrants admitted is fewer than 25 percent of that provided for by law; ``(ii) the efforts made by the Secretary of Homeland Security to admit such nonimmigrants; and ``(iii) any extenuating circumstances that contributed to the admission of a number of such nonimmigrants that is fewer than 25 percent of that provided for by law.''. (2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is amended by adding at the end the following new paragraph: ``(5) To the extent required by law and if it is in the interests of national security or the security of such nonimmigrants that are admitted, as determined by the Secretary of Homeland Security, the information contained in a report described in paragraph (4) may be classified, and the Secretary of Homeland Security shall, to the extent feasible, submit a non-classified version of the report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.''. SEC. 411. L VISA LIMITATIONS. Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended-- (1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; (2) in subparagraph (E), by striking ``In the case'' and inserting ``Except as provided in subparagraph (H), in the case''; and (3) by adding at the end the following: ``(G)(i) If the beneficiary of a petition under this subsection is coming to the United States to open, or be employed in, a new facility, the petition may be approved for a period not to exceed 12 months only if the employer operating the new facility has-- ``(I) a business plan; ``(II) sufficient physical premises to carry out the proposed business activities; and ``(III) the financial ability to commence doing business immediately upon the approval of the petition. ``(ii) An extension of the approval period under clause (i) may not be granted until the importing employer submits to the Secretary of Homeland Security-- ``(I) evidence that the importing employer meets the requirements of this subsection; ``(II) evidence that the beneficiary meets the requirements of section 101(a)(15)(L); ``(III) a statement summarizing the original petition; ``(IV) evidence that the importing employer has fully complied with the business plan submitted under clause (i); ``(V) evidence of the truthfulness of any representations made in connection with the filing of the original petition; ``(VI) evidence that the importing employer, during the previous 12 months, has been doing business at the new facility through regular, systematic, and continuous provision of goods or services, or has otherwise been taking commercially reasonable steps to establish the new facility as a commercial enterprise; ``(VII) a statement of the duties the beneficiary has performed at the new facility during the previous 12 months and the duties the beneficiary will perform at the new facility during the extension period approved under this clause; ``(VIII) a statement describing the staffing at the new facility, including the number of employees and the types of positions held by such employees; ``(IX) evidence of wages paid to employees if the beneficiary will be employed in a managerial or executive capacity; ``(X) evidence of the financial status of the new facility; and ``(XI) any other evidence or data prescribed by the Secretary. ``(iii) Notwithstanding subclauses (I) through (VI) of clause (ii) and subject to the maximum period of authorized admission set forth in subparagraph (D), the Secretary of Homeland Security may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the facility described in this subsection for a period [[Page S2937]] beyond the initially granted 12-month period if the importing employer demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances beyond the control of the importing employer. ``(H)(i) The Secretary of Homeland Security may not authorize the spouse of an alien described under section 101(a)(15)(L), who is a dependent of a beneficiary under subparagraph (G), to engage in employment in the United States during the initial 9-month period described in subparagraph (G)(i). ``(ii) A spouse described in clause (i) may be provided employment authorization upon the approval of an extension under subparagraph (G)(ii). ``(I) For purposes of determining the eligibility of an alien for classification under Section 101(a)(15)(L) of this Act, the Secretary of Homeland Security shall establish a program to work cooperatively with the Department of State to verify a company or facility's existence in the United States and abroad.''. SEC. 412. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subtitle and the amendments made by this subtitle for the first fiscal year beginning before the date of enactment of this Act and each of the subsequent fiscal years beginning not more than 7 years after the effective date of the regulations promulgated by the Secretary to implement this subtitle. Subtitle B--Immigration Injunction Reform SEC. 421. SHORT TITLE. This subtitle may be cited as the ``Fairness in Immigration Litigation Act of 2006''. SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION. (a) Requirements for an Order Granting Prospective Relief Against the Government.-- (1) In general.--If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court shall-- (A) limit the relief to the minimum necessary to correct the violation of law; (B) adopt the least intrusive means to correct the violation of law; (C) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety, and (D) provide for the expiration of the relief on a specific date, which is not later than the earliest date necessary for the Government to remedy the violation. (2) Written explanation.--The requirements described in subsection (1) shall be discussed and explained in writing in the order granting prospective relief and must be sufficiently detailed to allow review by another court. (3) Expiration of preliminary injunctive relief.-- Preliminary injunctive relief shall automatically expire on the date that is 90 days after the date on which such relief is entered, unless the court-- (A) makes the findings required under paragraph (1) for the entry of permanent prospective relief; and (B) makes the order final before expiration of such 90-day period. (4) Requirements for order denying motion.--This subsection shall apply to any order denying the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States. (b) Procedure for Motion Affecting Order Granting Prospective Relief Against the Government.-- (1) In general.--A court shall promptly rule on the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States. (2) Automatic stays.-- (A) In general.--The Government's motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief made in any civil action pertaining to the administration or enforcement of the immigration laws of the United States shall automatically, and without further order of the court, stay the order granting prospective relief on the date that is 15 days after the date on which such motion is filed unless the court previously has granted or denied the Government's motion. (B) Duration of automatic stay.--An automatic stay under subparagraph (A) shall continue until the court enters an order granting or denying the Government's motion. (C) Postponement.--The court, for good cause, may postpone an automatic stay under subparagraph (A) for not longer than 15 days. (D) Orders blocking automatic stays.--Any order staying, suspending, delaying, or otherwise barring the effective date of the automatic stay described in subparagraph (A), other than an order to postpone the effective date of the automatic stay for not longer than 15 days under subparagraph (C), shall be-- (i) treated as an order refusing to vacate, modify, dissolve or otherwise terminate an injunction; and (ii) immediately appealable under section 1292(a)(1) of title 28, United States Code. (c) Settlements.-- (1) Consent decrees.--In any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court may not enter, approve, or continue a consent decree that does not comply with subsection (a). (2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with subsection (a) if the terms of that agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled. (d) Definitions.--In this section: (1) Consent decree.--The term ``consent decree''-- (A) means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties; and (B) does not include private settlements. (2) Good cause.--The term ``good cause'' does not include discovery or congestion of the court's calendar. (3) Government.--The term ``Government'' means the United States, any Federal department or agency, or any Federal agent or official acting within the scope of official duties. (4) Permanent relief.--The term ``permanent relief'' means relief issued in connection with a final decision of a court. (5) Private settlement agreement.--The term ``private settlement agreement'' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil action that the agreement settled. (6) Prospective relief.--The term ``prospective relief'' means temporary, preliminary, or permanent relief other than compensatory monetary damages. (e) Expedited Proceedings.--It shall be the duty of every court to advance on the docket and to expedite the disposition of any civil action or motion considered under this section. SEC. 423. EFFECTIVE DATE. (a) In General.--This subtitle shall apply with respect to all orders granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, whether such relief was ordered before, on, or after the date of the enactment of this Act. (b) Pending Motions.--Every motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any such action, which motion is pending on the date of the enactment of this Act, shall be treated as if it had been filed on such date of enactment. (c) Automatic Stay for Pending Motions.-- (1) In general.--An automatic stay with respect to the prospective relief that is the subject of a motion described in subsection (b) shall take effect without further order of the court on the date which is 10 days after the date of the enactment of this Act if the motion-- (A) was pending for 45 days as of the date of the enactment of this Act; and (B) is still pending on the date which is 10 days after such date of enactment. (2) Duration of automatic stay.--An automatic stay that takes effect under paragraph (1) shall continue until the court enters an order granting or denying the Government's motion under section 422(b). There shall be no further postponement of the automatic stay with respect to any such pending motion under section 422(b)(2). Any order, staying, suspending, delaying or otherwise barring the effective date of this automatic stay with respect to pending motions described in subsection (b) shall be an order blocking an automatic stay subject to immediate appeal under section 422(b)(2)(D). ______ SA 3322. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 276, strike line 4 and all that follows through page 277, line 21, and insert the following: ``(n) An alien having nonimmigrant status described in section 101(a)(15)(H)(ii)(c) shall not be eligible for any adjustment of the status of the alien.''. ______ SA 3323. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 235, strike lines 12 through 16. On page 235, line 17, strike ``(3)'' and insert ``(2)''. On page 236, line 8, strike ``subsections (b) and (f)(2)'' and insert ``subsection (b)''. On page 236, line 13, strike ``(4)'' and insert ``(3)''. On page 237, line 3, strike ``(5)'' and insert ``(4)''. ______ SA 3324. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and [[Page S2938]] for other purposes; which was ordered to lie on the table; as follows: On page 343, strike lines 1 through 7 and insert the following: ``(i) has completed or will complete not less than 500 hours of community service; and ``(ii)(I) meets the requirements of section 312; or ``(II) is satisfactorily pursuing a course of study to achieve such an understanding of English and knowledge and understanding of the history and government of the United States. ______ SA 3325. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 325, strike line 1 and all that follows through page 382, line 7. ______ SA 3326. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 276, strike line 4 and all that follows through page 277, line 21, and insert the following: ``(n) An alien having nonimmigrant status described in section 101(a)(15)(H)(ii)(c) shall not be eligible for any adjustment of the status of the alien.''. Beginning on page 325, strike line 1 and all that follows through page 382, line 7. ______ SA 3327. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 268, strike line 22 and all that follows through page 269, line 2, and insert the following: (b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by sections 403, 404, and 405 shall take effect on the date that is 1 year after the date of the enactment of this Act with regard to aliens, who, on such effective date, are in the foreign country where they maintain residence. (2) Limitation.--Notwithstanding any other provision of this Act, or the amendments made by this Act, a visa may not be issued to a nonimmigrant alien described in clause (ii)(C) or (iv) of section 101(a)(15)(H) of the Immigration and Nationality Act, as added by section 402, until Congress appropriates sufficient funds to fully implement the border security and interior enforcement provisions of titles I and II of this Act. ______ SA 3328. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 348, line 7, strike ``There'' and insert ``Subject to subsection (c), there'' On page 348, strike lines 14 through 20 and insert the following: (c) Effective Date.--Funds may not be appropriated pursuant to the authorization under subsection (a) until Congress has appropriated sufficient funds to fully implement the border security and interior enforcement provisions of titles I and II of this Act. ______ SA 3329. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 477, after line 23, add the following: SEC. 644. SUNSET PROVISION. This title, titles IV and V, and the amendments made by such titles, are repealed on the date that is 6 years after the date of the enactment of this Act. ______ SA 3330. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. VISA ISSUANCE REPORT. Not later than March 31 of each year, the Secretary of State, in consultation with the Secretary and the Attorney General, shall submit to Congress a report that identifies, for the most recent calendar year, the number of visas issued in each visa category. ______ SA 3331. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. PROMISE ACT. (a) Short Title.--This section may be cited as the ``Parental Responsibility Obligations Met through Immigration System Enforcement Act'' or the ``PROMISE Act''. (b) Aliens Ineligible to Receive Visas and Excluded From Admission for Nonpayment of Child Support.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)) is amended by adding at the end the following: ``(F) Nonpayment of child support.-- ``(i) In general.--Except as provided in clause (ii), an alien who is legally obligated under a judgment, decree, or order to pay child support and whose failure to pay such child support has resulted in arrearages that exceed the amount specified in section 454(31) of the Social Security Act (42 U.S.C. 654(31)) is inadmissible. ``(ii) Exception.--An alien described in clause (i) may become admissible when-- ``(I) child support payments under the judgment, decree, or order are satisfied; or ``(II) the alien is in compliance with a payment agreement approved by the appropriate State enforcement agency or court. ``(iii) Federal parent locator service.--The Federal Parent Locator Service, established under section 453 of the Social Security Act (42 U.S.C. 653), shall be used to determine if an alien is inadmissible under clause (i). ``(iv) Request by foreign country.--For purposes of clause (i), any request for services by a foreign reciprocating country or a foreign country with which a State has an arrangement described in section 459A(d) of the Social Security Act (42 U.S.C. 659a(d)) shall be treated as a State request.''. (c) Authority to Parole Aliens Excluded From Admission for Nonpayment of Child Support.--Section 212(d)(5) (8 U.S.C. 1182(d)(5)) is amended by adding at the end the following: ``(C)(i) The Secretary of Homeland Security may, in the Secretary's discretion, parole into the United States, any alien who is inadmissible under subsection (a)(10)(F) if-- ``(I) the Secretary places such alien into removal proceedings; ``(II) the alien demonstrates to the satisfaction of the Secretary that such parole is essential to the compliance and fulfillment of child support obligations; ``(III) the alien demonstrates that the alien has employment in the United States and is authorized by law for employment in the United States; and ``(IV) the alien is not inadmissible under any other provision of law. ``(ii) The Secretary of State may permit an alien described in clause (i) to present himself or herself at a port of entry for the limited purpose of seeking parole pursuant to clause (i). ``(iii) The Secretary of Homeland Security and the Secretary of State shall exercise the discretionary authority described in this subparagraph in a manner consistent with the objective of facilitating collection of payment of child support arrearages. ``(iv) For purposes of this subparagraph, unless waived by the alien, the Attorney General shall not enter a final order of removal-- ``(I) during the 180-day period beginning on the date on which the Secretary of Homeland Security initially charges the alien as removable under subsection (a)(10)(F); or ``(II) during the pendency of State court proceedings involving the child support obligations of the alien.''. (d) Effect of Nonpayment of Child Support on Establishment of Good Moral Character.--Section 101(f) (8 U.S.C. 1101(f)) is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (9) the following: ``(10) one who is legally obligated under a judgment, decree, or order to pay child support (as defined in section 459(i) of the Social Security Act (42 U.S.C. 659(i))) and whose failure to pay such child support has resulted in arrearages that exceed the amount specified in section 454(31) of that Act (42 U.S.C. 654(31)), unless support payments under the judgment, decree, or order are satisfied or the alien is in compliance with an approved payment agreement.''. (e) Authorization to Serve Legal Process in Child Support Cases on Certain Visa Applicants and Arriving Aliens.-- Section 235(d) (8 U.S.C. 1225(d)), as amended by section 128, is further amended by adding at the end the following: ``(6) Authority to serve process in child support cases.-- ``(A) In general.--To the extent consistent with State law, immigration officers are authorized to serve, on any alien who is an applicant for admission to the United States, legal process with respect to-- ``(i) any action to enforce a legal obligation of an individual to pay child support (as defined in section 459(i) of the Social Security Act (42 U.S.C. 659(i)); or ``(ii) any action to establish paternity. ``(B) Legal process defined.--In this paragraph, the term `legal process' means any writ, order, summons, or other similar process that is issued by-- [[Page S2939]] ``(i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United States; or ``(ii) an authorized official pursuant to an order of such a court or agency or pursuant to State or local law.''. (f) Authorization to Obtain Information on Child Support Payments by Aliens.--Section 453(h) of the Social Security Act (42 U.S.C. 653(h)) is amended by adding at the end the following: ``(4) Provision of information on persons delinquent in child support payments.-- ``(A) In general.--Notwithstanding any other provision of law and in accordance with the requirements of subsection (b), upon the request of the Attorney General, Secretary of Homeland Security, or Secretary of State, the Secretary of Health and Human Services shall provide and transmit to authorized persons through the Federal Parent Locator Service, such information as the Secretary of Health and Human Services determines may aid the authorized person in establishing whether an alien is delinquent in the payment of child support. ``(B) Prohibition on disclosure of information.--In no case may an authorized person permit use by, or disclosure to, any person (other than a sworn officer or employee of the United States Government for legitimate law enforcement purposes) of any information obtained under this paragraph through the Federal Parent Locator Service. ``(C) Penalty.--Any person who willfully uses, publishes, or permits information to be disclosed in violation of this paragraph shall be subject to appropriate disciplinary action and subject to a civil monetary penalty of not more than $5,000 for each such violation. ``(D) Authorized person defined.--As used in this paragraph, the term `authorized person' means any administrative agency, immigration officer, or consular officer (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) having the authority to investigate or enforce the immigration and naturalization laws of the United States with respect to the legal entry and status of aliens.''. (g) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act and shall apply to aliens who apply for benefits under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on or after such effective date. ______ SA 3332. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 231, strike lines 14 through 18 and insert the following: ``(3) Fees.-- ``(A) Visa issuance fee.--The alien shall pay a $500 visa issuance fee in addition to the cost of processing and adjudicating such application. ``(B) Community responsibility and assistance fee.--In addition to the fee required under subparagraph (A), the alien shall pay a $100 community responsibility and assistance fee, which shall be made available, in its entirety, to the State Criminal Alien Assistance Program established under section 241(i). ``(C) Savings provision.--Nothing in this paragraph shall be construed to affect consular procedures for charging reciprocal fees. ______ SA 3333. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 8, strike lines 16 through 22. ______ SA 3334. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: Strike titles III, IV, V, and VI, and insert the following: TITLE III--NONPARTISAN COMMISSION ON IMMIGRATION REFORM SEC. 301. NONPARTISAN COMMISSION ON IMMIGRATION REFORM. (a) Establishment and Composition of Commission.-- (1) Establishment.--Not later than May 1, 2006, the President shall establish a commission to be known as the Nonpartisan Commission on Immigration Reform (in this section referred to as the ``Commission''). (2) Composition.--The Commission shall be composed of 9 members to be appointed as follows: (A) 1 member who shall serve as Chairman, to be appointed by the President. (B) 2 members to be appointed by the Speaker of the House of Representatives who shall select such members from a list of nominees provided by the chairman of the Committee on the Judiciary of the House of Representatives. (C) 2 members to be appointed by the minority leader of the House of Representatives who shall select such members from a list of nominees provided by the ranking minority member of the Committee on the Judiciary of the House of Representatives. (D) 2 members to be appointed by the majority leader of the Senate who shall select such members from a list of nominees provided by the chairman of the Committee on the Judiciary of the Senate. (E) 2 members to be appointed by the minority leader of the Senate who shall select such members from a list of nominees provided by the ranking minority member of the Committee on the Judiciary of the Senate. (3) Initial appointments.--Initial appointments to the Commission shall be made during the 45-day period beginning on May 1, 2006. (4) Vacancy.--A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (5) Term of appointment.--Members shall be appointed to serve for the life of the Commission, except that the term of the member described in paragraph (2)(A) shall expire at noon on January 20, 2008, and the President shall appoint an individual to serve for the remaining life, if any, of the Commission. (b) Functions of Commission.--The Commission shall-- (1) review and evaluate the impact of this Act and the amendments made by this Act, in accordance with subsection (c); (2) conduct a systematic and comprehensive review of this Nation's immigration laws, in accordance with subsection (c); and (3) transmit to the Congress-- (A) not later than April 15, 2008, a first report describing the progress made in carrying out paragraphs (1) and (2); and (B) not later than April 15, 2010, a final report setting forth the Commission's findings and recommendations, including such recommendations for additional comprehensive changes that should be made with respect to immigration laws in the United States as the Commission deems appropriate, including, when applicable, such model legislative language for the consideration of Congress. (c) Considerations.-- (1) General considerations.--The Commission may investigate and make recommendations upon any subject that it determines would substantially contribute to the development of an equitable, efficient, and sustainable immigration system that will facilitate border security specifically and national security generally. (2) Guest worker program.--The Commission shall analyze and make recommendations on the advisability of modifying the requirements for admission of nonimmigrants described in section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)), including increasing the number of such nonimmigrants admitted to the United States and adopting a national guest worker program, and if, in the opinion of this Commission, such a modification or program should be adopted, then the Commission shall-- (A) set forth minimum requirements for such modification or program, including-- (i) the numerical limitations, if any, on such a program; and (ii) the temporal limitations (in terms of participant duration), if any, on such a program; (B) assess the impact and advisability of allowing aliens admitted under such section or participating in such a program to adjust their status from nonimmigrant to immigrant classifications; and (C) determine whether and, if appropriate, to what degree, low-skilled enterprises should be included in a national guest worker program. (3) Project sunshine.--The Commission shall analyze and make recommendations on the disposition of the unlawful alien population present in the United States, and such report shall-- (A) examine the impact of earned adjustment, amnesty, or similar programs on future illegal immigration; (B) examine the ability, and advisability, of the United States Government to locate and deport individuals unlawfully present in the United States; (C) assess the impact, advisability, and ability of earned adjustment, amnesty, or similar programs to locate and register individuals unlawfully present in the United States; and (D) provide alternate solutions, if any, to the realm of options otherwise mentioned in this section. (4) Judicial review.--The Commission shall examine the operation of the relevant adjudicatory structures and mechanisms and make such recommendations as are necessary to ensure expediency of process consistent with applicable constitutional protections. (5) Interior enforcement.--The Commission shall analyze current interior enforcement efforts and make such recommendations as are necessary to ensure viable interior enforcement, including issues surrounding worksite enforcement and the impact of inadequate interior enforcement on rural communities. (d) Compensation of Members.-- (1) In general.--Each member of the Commission who is not an officer or employee of the Federal Government is entitled to receive, subject to such amounts as are provided in advance in appropriations Acts, pay at the daily equivalent of the minimum annual rate of basic pay in effect for grade GS-18 of the General Schedule. Each member of [[Page S2940]] the Commission who is such an officer or employee shall serve without additional pay. (2) Travel expense.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence. (e) Meetings, Staff, and Authority of Commission.--The provisions of subsections (e) through (g) of section 304 of the Immigration Reform and Control Act of 1986 (Public Law 99-603; 8 U.S.C. 1160 note) shall apply to the Commission in the same manner as they apply to the Commission established under such section, except that paragraph (2) of such subsection (e) shall not apply. (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section. (2) Limitation on authority.--Notwithstanding any other provision of this section, the authority to make payments, or to enter into contracts, under this section shall be effective only to such extent, or in such amounts, as are provided in advance in appropriations Acts. (g) Termination Date.--The Commission shall terminate on the date on which a final report is required to be transmitted under subsection (b)(3)(B), except that the Commission may continue to function until January 1, 2012, for the purpose of concluding its activities, including providing testimony to standing committees of Congress concerning its final report under this section and disseminating that report. ______ SA 3335. Mr. KERRY submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 63, strike line 12 and all that follows through ``(L)'' on page 70, line 9, and insert the following; (E) 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). (F) 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. (G) On page 75, lines 14 and 15, strike ``, including classified, sensitive, or national security information''. On page 76, line 3, strike ``; and'' and all that follows through line 14, and insert a period. On page 78, lines 7 and 8, strike ``, including classified, sensitive, or national security information,''. On page 80, strike line 5 and all that follows through ``(3)'' on page 81, line 20, and insert ``(1)''. On page 129, strike line 14 and all that follows through ``(2)'' on line 22, and insert ``(1)''. On page 130, line 3, strike ``(3)'' and insert ``(2)''. On page 130, strike lines 11 through 13 and insert the following: ``(3) Failure to comply with agreement.--If an alien agrees to On page 130, line 20, strike ``(i) ineligible'' and insert the following: ``(A) ineligible On page 130, line 22, strike ``(ii) subject'' and insert the following: ``(B) subject On page 131, line 1, strike ``(iii) subject'' and insert the following: ``(C) subject On page 131, line 3, strike the period at the end and all that follows through ``Secretary'' on line 23. On page 133, line 2, strike the period at the end and all that follows through ``protection'' on line 18. ______ SA 3336. Mr. KERRY submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: TITLE __--RECRUITMENT AND RETENTION OF ADDITIONAL IMMIGRATION LAW ENFORCEMENT PERSONNEL SEC. _01. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES BORDER PATROL AGENTS. Section 5379(b) of title 5, United States Code, is amended by adding at the end the following: ``(4) In the case of an employee (otherwise eligible for benefits under this section) who is serving as a full-time active-duty United States Border Patrol agent within the Department of Homeland Security-- ``(A) paragraph (2)(A) shall be applied by substituting `$20,000' for `$10,000'; and ``(B) paragraph (2)(B) shall be applied by substituting `$80,000' for `$60,000'.''. SEC. _02. RECRUITMENT AND RELOCATION BONUSES AND RETENTION ALLOWANCES FOR PERSONNEL OF THE DEPARTMENT OF HOMELAND SECURITY. The Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security. SEC. _03. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION OFFICERS AND OTHER EMPLOYEES. (a) Amendments.-- (1) Law enforcement officers.--Section 8401(17) of title 5, United States Code, is amended-- (A) in subparagraph (C)-- (i) by striking ``and'' at the end; and (ii) by striking ``subparagraph (A) and (B)'' and inserting ``subparagraph (A), (B), (E), or (F)''; and (B) by inserting after subparagraph (D) the following: ``(E) an employee (not otherwise covered by this paragraph)-- ``(i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and ``(ii) who is authorized to carry a firearm; and ``(F) an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns;''. (2) Civil service retirement system.--Section 8331(20) of title 5, United States Code, is amended in the matter preceding subparagraph (A) by inserting after ``position.'' the following: ``For the purpose of this paragraph, an employee described in the preceding sentence shall be considered to include an employee, not otherwise covered by this paragraph, who satisfies clauses (i) and (ii) of section 8401(17)(E) and an employee of the Internal Revenue Service the duties of whose position are as described in section 8401(17)(F).''. (3) Effective date.--Except as provided in subsection (b), the amendments made by this subsection shall-- (A) take effect on the date of enactment of this Act; and (B) apply only in the case of any individual first appointed (or seeking to be first appointed) as a law enforcement officer (as defined in the amendments) on or after that date. (b) Treatment of Service Performed by Incumbents.-- (1) Definitions.--In this subsection: (A) Incumbent.--The term ``incumbent'' means an individual who-- (i) is first appointed as a law enforcement officer before the date of enactment of this Act; and (ii) is serving as a law enforcement officer on that date. (B) Law enforcement officer.--The term ``law enforcement officer'' means an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code, as a result of the amendments made by subsection (a). (C) Prior service.--The term ``prior service'', with respect to an incumbent who retires from Government service, means any service performed before the date on which a written notice is to be submitted under paragraph (2)(B). (D) Service.--The term ``service'' means service performed as a law enforcement officer. (2) Treatment of service performed by incumbents.-- (A) In general.--For purposes other than purposes described in subparagraph (B), service that is performed by an incumbent on or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer, irrespective of the manner in which the service is treated under subparagraph (B). (B) Retirement.--For purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, service that is performed by an incumbent before, on, or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer if an appropriate written notice of the election of the incumbent to retire from Government service is submitted to the Office of Personnel Management by the earlier of-- (i) the date that is 5 years after the date of enactment of this Act; or (ii) the date of retirement of the incumbent. (3) Individual contributions for prior service.-- (A) Amount of contributions.--An incumbent who makes an election described in paragraph (2)(B) may, with respect to prior service performed by the incumbent, contribute to the Civil Service Retirement and Disability Fund an amount equal to the difference between-- (i) the individual contributions that were actually made for that service; and (ii) the individual contributions that would have been made for that service under the amendments made by subsection (a). (B) Effect of not contributing.--If no part of or less than the full amount required under subparagraph (A) is paid-- [[Page S2941]] (i) all prior service of the incumbent shall remain fully creditable as law enforcement officer service; but (ii) the resulting annuity shall be reduced in a manner similar to the manner described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid. (4) Government contributions for prior service.-- (A) In general.--If an incumbent makes an election under paragraph (2)(B), the agency in or under which the incumbent was serving at the time of any prior service shall remit to the Office of Personnel Management, for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, the amount required under subparagraph (B) with respect to that service. (B) Amount required.--The amount an agency is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (above those actually paid) that would have been required if the amendments made by subsection (a) had been in effect. (C) Contributions to be made ratably.--Government contributions under this paragraph on behalf of an incumbent shall be made by the agency ratably (on at least an annual basis) over the 10-year period beginning on the date on which a written notice is to be submitted under paragraph (2)(B). (5) Exemption from mandatory separation.--Nothing in section 8335(b) or 8425(b) of title 5, United States Code, shall cause the involuntary separation of a law enforcement officer before the end of the 3-year period beginning on the date of enactment of this Act. (6) Regulations.--The Office shall promulgate regulations to carry out this section, including-- (A) provisions in accordance with which interest on any amount under paragraph (3) or (4) shall be computed, based on section 8334(e) of title 5, United States Code; and (B) provisions for the application of this subsection in the case of-- (i) any individual who-- (I) is first appointed as a law enforcement officer before the date of enactment of this Act; and (II) serves as a law enforcement officer after the date of enactment of this Act; and (ii) any individual entitled to a survivor annuity (based on the service of an incumbent, or of an individual described in clause (i), who dies before making an election under paragraph (2)(B)), to the extent of any rights that would then be available to the decedent (if still living). (7) Rule of construction.--Nothing in this subsection applies in the case of a reemployed annuitant. ______ SA 3337. Mr. KERRY submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: TITLE __--RAPID RESPONSE MEASURES SEC. _01. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS. (a) In General.--If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional United States Border Patrol agents from the Secretary of Homeland Security, the Secretary is authorized, subject to subsections (b) and (c), to provide the State with up to 1,000 additional United States Border Patrol agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border and entering the United States at any location other than an authorized port of entry. (b) Consultation.--The Secretary of Homeland Security shall consult with the President upon receipt of a request under subsection (a), and shall grant it to the extent that providing the requested assistance will not significantly impair the Department of Homeland Security's ability to provide border security for any other State. (c) Collective Bargaining.--Emergency deployments under this section shall be made in conformance with all collective bargaining agreements and obligations. SEC. _02. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS. The Secretary of Homeland Security shall ensure that no United States Border Patrol agent is precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances where the temporary use of fixed deployment positions is necessary. SEC. _03. HELICOPTERS AND POWER BOATS. (a) In General.--The Secretary of Homeland Security shall increase by not less than 100 the number of United States Border Patrol helicopters, and shall increase by not less than 250 the number of United States Border Patrol power boats. The Secretary of Homeland Security shall ensure that appropriate types of helicopters are procured for the various missions being performed. The Secretary of Homeland Security also shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements. (b) Use and Training.--The Secretary of Homeland Security shall establish an overall policy on how the helicopters and power boats described in subsection (a) will be used and implement training programs for the agents who use them, including safe operating procedures and rescue operations. SEC. _04. CONTROL OF UNITED STATES UNITED STATES BORDER PATROL ASSETS. The United States Border Patrol shall have complete and exclusive administrative and operational control over all the assets utilized in carrying out its mission, including, aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets. SEC. _05. MOTOR VEHICLES. The Secretary of Homeland Security shall establish a fleet of motor vehicles appropriate for use by the United States Border Patrol that will permit a ratio of at least one police-type vehicle per every 3 United States Border Patrol agents. Additionally, the Secretary of Homeland Security shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the United States Border Patrol. All vehicles will be chosen on the basis of appropriateness for use by the United States Border Patrol, and each vehicle shall have a ``panic button'' and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of an agent in distress. The police-type vehicles shall be replaced at least every 3 years. SEC. _06. PORTABLE COMPUTERS. The Secretary of Homeland Security shall ensure that each police-type motor vehicle in the fleet of the United States Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the United States Border Patrol. SEC. _07. RADIO COMMUNICATIONS. The Secretary of Homeland Security shall augment the existing radio communications system so all law enforcement personnel working in every area where United States Border Patrol operations are conducted have clear and encrypted two- way radio communication capabilities at all times. Each portable communications device shall be equipped with a ``panic button'' and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of the agent in distress. SEC. _08. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES. The Secretary of Homeland Security shall ensure that each United States Border Patrol agent is issued a state-of-the- art hand-held global positioning system device for navigational purposes. SEC. _09. NIGHT VISION EQUIPMENT. The Secretary of Homeland Security shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each United States Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device. SEC. _10. BORDER ARMOR. The Secretary of Homeland Security shall ensure that every United States Border Patrol agent is issued high-quality body armor that is appropriate for the climate and risks faced by the individual officer. Each officer shall be allowed to select from among a variety of approved brands and styles. Officers shall be strongly encouraged, but not mandated, to wear such body armor whenever practicable. All body armor shall be replaced at least every 5 years. SEC. _11. WEAPONS. The Secretary of Homeland Security shall ensure that United States Border Patrol agents are equipped with weapons that are reliable and effective to protect themselves, their fellow officers, and innocent third parties from the threats posed by armed criminals. In addition, the Secretary shall ensure that the Department's policies allow all such officers to carry weapons that are suited to the potential threats that they face. SEC. _12. UNIFORMS. The Secretary of Homeland Security shall ensure that all United States Border Patrol agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as they become worn, unserviceable, or no longer fit properly. ______ SA 3338. Mr. BAUCUS submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 204, line 8, insert ``with 50 or more employees that is'' after ``employer''. ______ SA 3339. Mr. BAUCUS submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend [[Page S2942]] the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 10, line 17, strike ``(e)'' and insert the following: (e) Unmanned Aerial Vehicle Pilot Program.--During the 1- year period beginning on the date on which the report is submitted under subsection (c), the Secretary shall conduct a pilot program, based at the Northern Border airbase in Great Falls, Montana, to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States. (f) ______ SA 3340. Mrs. CLINTON submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA. Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended-- (1) by striking ``the date of the enactment of the Legal Immigration Family Equity Act'' and inserting ``January 1, 2011''; and (2) by striking ``3 years'' each place it appears and inserting ``180 days''. ______ SA 3341. Mr. BROWNBACK submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 295, strike line 12 and all that follows through page 296, line 8, and insert the following: ``(A) 290,000; and ``(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year. ``(2) Recapture of unused employment-based immigrant visas for fiscal years 2001 through 2005.-- ``(A) In general.--Beginning in fiscal year 2006, the number of employment-based visas made available for immigrants described in paragraph (1), (2), or (3) of section 203(b) during any fiscal year, as calculated under paragraph (1), shall be increased by the number described in subparagraph (B). ``(B) Additional number.-- ``(i) In general.--Subject to clause (ii), the number referred to in subparagraph (A) shall be equal to the sum of-- ``(I) the difference between-- ``(aa) the number of employment-based visas made available during the period of fiscal years 2001 through 2005; and ``(bb) the number of employment-based visas actually used during that period; and ``(II) the number of immigrant visas issued after September 30, 2004, to spouses and children of employment-based immigrants that were counted for purposes of paragraph (1)(B). ``(ii) Reduction.--For fiscal year 2007 and each fiscal year thereafter, the number described in clause (i) shall be reduced by the number of employment-based visas actually used under subparagraph (A) during the preceding fiscal year.''. On page 296, strike lines 9 through 18 and insert the following: SEC. 502. COUNTRY LIMITS. Section 202(a) (8 U.S.C. 1152(a)) is amended by striking ``7 percent (in the case of a single foreign state) or 2 percent'' and inserting ``10 percent (in the case of a single foreign state) or 5 percent''. On page 320, strike lines 17 through 20 and insert the following: ``(3) Limitation.--An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available. ``(4) Filing in cases of unavailable visa numbers.--Subject to the limitation described in paragraph (3), if a supplemental petition fee is paid for a petition under subparagraph (E) or (F) of section 204(a)(1), an application under paragraph (1) on behalf of an alien that is a beneficiary of the petition (including a spouse or child who is accompanying or following to join the beneficiary) may be filed without regard to the requirement under paragraph (1)(D). ``(5) Pending applications.--Subject to the limitation described in paragraph (3), if a petition under subparagraph (E) or (F) of section 204(a)(1) is pending or approved as of the date of enactment of this paragraph, on payment of the supplemental petition fee under that section, the alien that is the beneficiary of the petition may submit an application for adjustment of status under this subsection without regard to the requirement under paragraph (1)(D). ``(6) Employment authorizations and advanced parole travel documentation.--The Attorney General shall-- ``(A) provide to any immigrant who has submitted an application for adjustment of status under this subsection not less than 3 increments, the duration of each of which shall be not less than 3 years, for any applicable employment authorization or advanced parole travel document of the immigrant; and ``(B) adjust each applicable fee payment schedule in accordance with the increments provided under subparagraph (A) so that 1 fee for each authorization or document is required for each 3-year increment.''. On page 321, strike lines 14 through 20 and insert the following: ``(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and are employed in a related field. On page 324, after line 22, insert the following: (e) Temporary Worker Visa Duration.--Section 106 of the American Competitiveness in the Twenty-First Century Act of 2000 (Public Law 106-313; 114 Stat. 1254) is amended by striking subsection (b) and inserting the following: ``(b) Extension of H-1B Worker Status.--The Attorney General shall-- ``(1) extend the stay of an alien who qualifies for an exemption under subsection (a) in not less than 3 increments, the duration of each of which shall be not less than 3 years, until such time as a final decision is made with respect to the lawful permanent residence of the alien; and ``(2) adjust each applicable fee payment schedule in accordance with the increments provided under paragraph (1) so that 1 fee is required for each 3-year increment.''. ______ SA 3342. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and other purposes; which was ordered to lie on the table; as follows: On page 9, strike lines 2 through 20 and insert the following: (a) Acquisition.--Subject to the availability of appropriations, the Secretary shall procure additional unmanned aerial vehicles, autonomous unmanned ground vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a ``virtual fence'' along such international borders to provide a barrier to illegal immigration. (b) Increased Availability of Equipment.--The Secretary and the Secretary of Defense shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, autonomous unmanned ground vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration. ______ SA 3343. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 9, line 4, insert ``autonomous unmanned ground vehicles,'' after ``vehicles,''. On page 9, line 16, insert ``autonomous unmanned ground vehicles,'' after ``vehicles,''. ______ SA 3344. Mr. REID submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. BORDER SECURITY CERTIFICATION. (a) In General.--Notwithstanding any other provision of law, subject to subsection (b), beginning on the date of enactment of this Act, the Secretary may not implement a new conditional nonimmigrant work authorization program that grants legal status to any individual who illegally enters or entered the United States, or any similar or subsequent employment program that grants legal status to any individual who illegally enters or entered the United States, until the Secretary provides written certification to the President and Congress that the borders of the United States are reasonably sealed and secured. (b) Waiver and Implementation.--The President may waive the certification requirement under subsection (a) and direct the Secretary to implement a new conditional nonimmigrant work authorization program or any similar or subsequent program described in that subsection, if the President determines that implementation of the program would strengthen the national security of the United States. ______ SA 3345. Mr. REID (for himself and Mr. Leahy) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for [[Page S2943]] comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 331, between lines 6 and 7, insert the following: ``(6) Criminal and related grounds.--An alien is ineligible for conditional nonimmigrant work authorization and status under this section under any of the following circumstances: ``(A) Conviction of certain crimes.-- ``(i) In general.--Except as provided in clause (ii), the alien was convicted of, admits having committed, or admits having committed acts which constitute the essential elements of-- ``(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or ``(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). ``(ii) Exception.--Clause (i)(I) shall not apply to an alien who committed only 1 crime if-- ``(I) the crime was committed before the alien reached 18 years of age and the alien was released from any confinement to a prison or correctional institution imposed for the crime more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States; or ``(II) the maximum allowable penalty for the crime for which the alien was convicted, admits having committed, or admits having committed the acts constituting the essential elements of, is not longer than imprisonment for 1 year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment longer than 6 months (regardless of the extent to which the sentence was ultimately executed). ``(B) Multiple criminal convictions.--The alien has been convicted of 2 or more offenses (other than purely political offenses) for which the aggregate sentences to confinement were 5 years or more, regardless of whether-- ``(i) the conviction was in a single trial; ``(ii) the offenses arose from a single scheme of misconduct; or ``(iii) the offenses involved moral turpitude, . ``(C) Controlled substance traffickers.--The consular officer or the Attorney General knows, or has reason to believe, that the alien-- ``(i) is or has been-- ``(I) an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or ``(II) a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or ``(ii) is the spouse, son, or daughter of an alien ineligible under clause (i), and has-- ``(I) during the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien; and ``(II) knew or reasonably should have known that the financial or other benefit was the product of such illicit activity. ``(D) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution.--The alien-- ``(i) has committed a serious criminal offense (as defined in section 101(h)) in the United States; ``(ii) exercised immunity from criminal jurisdiction with respect to that offense; ``(iii) as a consequence of the offense and exercise of immunity, has departed from the United States; and ``(iv) has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense. ``(E) Foreign government officials who have committed particularly severe violations of religious freedom.--The alien, while serving as a foreign government official, was responsible for, or directly carried out, at any time, particularly severe violations of religious freedom (as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402)). ``(F) Significant traffickers in persons.-- ``(i) In general.--The alien is listed in a report submitted under section 111(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7108(b)) or the consular officer or the Attorney General knows or has reason to believe that the alien is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons (as defined in the section 103 of such Act (22 U.S.C. 7102)). ``(ii) Beneficiaries of trafficking.--Except as provided in clause (iii), the consular officer or the Attorney General knows or has reason to believe that the alien is the spouse, son, or daughter of an alien ineligible under clause (i), and the alien-- ``(I) within the previous 5 years, has obtained any financial or other benefit from the illicit activity of that alien; and ``(II) knew or reasonably should have known that the financial or other benefit was the product of such illicit activity. ``(iii) Exception for certain sons and daughters.--Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause. ``(G) Money laundering.--A consular officer or the Attorney General knows, or has reason to believe, that the alien-- ``(i) has engaged, is engaging, or seeks to enter the United States to engage, in an offense described in section 1956 or 1957 of title 18, United States Code (relating to laundering of monetary instruments); or ``(ii) is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense referred to in clause (i). ``(H) Criminal convictions.--The alien has been convicted of any felony or at least 3 misdemeanors. ______ SA 3346. Mr. REID (for himself and Mr. Leahy) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 331, between lines 6 and 7, insert the following: ``(6) Criminal and related grounds.--An alien is ineligible for conditional nonimmigrant work authorization and status under this section under any of the following circumstances: ``(A) Conviction of certain crimes.-- ``(i) In general.--Except as provided in clause (ii), the alien was convicted of, admits having committed, or admits having committed acts which constitute the essential elements of-- ``(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or ``(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). ``(ii) Exception.--Clause (i)(I) shall not apply to an alien who committed only 1 crime if-- ``(I) the crime was committed before the alien reached 18 years of age and the alien was released from any confinement to a prison or correctional institution imposed for the crime more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States; or ``(II) the maximum allowable penalty for the crime for which the alien was convicted, admits having committed, or admits having committed the acts constituting the essential elements of, is not longer than imprisonment for 1 year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment longer than 6 months (regardless of the extent to which the sentence was ultimately executed). ``(B) Multiple criminal convictions.--The alien has been convicted of 2 or more offenses (other than purely political offenses) for which the aggregate sentences to confinement were 5 years or more, regardless of whether-- ``(i) the conviction was in a single trial; ``(ii) the offenses arose from a single scheme of misconduct; or ``(iii) the offenses involved moral turpitude, . ``(C) Controlled substance traffickers.--The consular officer or the Attorney General knows, or has reason to believe, that the alien-- ``(i) is or has been-- ``(I) an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or ``(II) a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or ``(ii) is the spouse, son, or daughter of an alien ineligible under clause (i), and has-- ``(I) during the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien; and ``(II) knew or reasonably should have known that the financial or other benefit was the product of such illicit activity. ``(D) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution.--The alien-- ``(i) has committed a serious criminal offense (as defined in section 101(h)) in the United States; ``(ii) exercised immunity from criminal jurisdiction with respect to that offense; ``(iii) as a consequence of the offense and exercise of immunity, has departed from the United States; and ``(iv) has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense. ``(E) Foreign government officials who have committed particularly severe violations of religious freedom.--The alien, while serving as a foreign government official, was responsible for, or directly carried out, at any time, particularly severe violations of religious freedom (as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402)). ``(F) Significant traffickers in persons.-- [[Page S2944]] ``(i) In general.--The alien is listed in a report submitted under section 111(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7108(b)) or the consular officer or the Attorney General knows or has reason to believe that the alien is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons (as defined in the section 103 of such Act (22 U.S.C. 7102)). ``(ii) Beneficiaries of trafficking.--Except as provided in clause (iii), the consular officer or the Attorney General knows or has reason to believe that the alien is the spouse, son, or daughter of an alien ineligible under clause (i), and the alien-- ``(I) within the previous 5 years, has obtained any financial or other benefit from the illicit activity of that alien; and ``(II) knew or reasonably should have known that the financial or other benefit was the product of such illicit activity. ``(iii) Exception for certain sons and daughters.--Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause. ``(G) Money laundering.--A consular officer or the Attorney General knows, or has reason to believe, that the alien-- ``(i) has engaged, is engaging, or seeks to enter the United States to engage, in an offense described in section 1956 or 1957 of title 18, United States Code (relating to laundering of monetary instruments); or ``(ii) is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense referred to in clause (i). ______ SA 3347. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 374, strike lines 13 through 19 and insert the following: (8) Eligibility for legal services.--Section 504(a)(11) of Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be construed to prevent a recipient of funds under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing legal assistance-- (A) directly related to an application for adjustment of status under this section; or (B) to nonimmigrant workers admitted to, or permitted to remain in, the United States under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) for forestry labor or services, if the legal assistance is related to wages, housing, transportation, and other employment rights provided in the specific contract of the worker under which the worker was admitted. ______ SA 3348. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS FOR CERTAIN LEGAL ASSISTANCE. Section 305 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101 note; Public Law 99-603) is amended-- (1) by striking ``section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a))'' and inserting ``item (a) or (b) of section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii))''; and (2) by inserting ``or forestry'' after ``agricultural''. ______ SA 3349. Mr. BOND (for himself, Mr. Alexander, and Mr. Gregg) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 316, strike line 2 and all that follows through page 323, line 24, and insert the following: ``(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining a master's or doctorate degree or pursuing post-doctoral studies.''. (b) Creation of J-STEM Visa Category.--Section 101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as follows: ``(J) an alien with a residence in a foreign country that the alien has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, and who-- ``(i) is coming temporarily to the United States as a participant in a program (other than a graduate program described in clause (ii))designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if coming to the United States to participate in a program under which the alien will receive graduate medical education or training, also meets the requirements of section 212(j), and the alien spouse and minor children of any such alien if accompanying the alien or following to join the alien; or ``(ii) has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the physical or life sciences in the United States for the purpose of obtaining a master's or doctorate degree or pursuing post-doctoral studies.''. (c) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 1184(b)) is amended by striking ``subparagraph (L) or (V)'' and inserting ``subparagraph (F)(iv), (J)(ii), (L), or (V)''. (d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8 U.S.C. 1184(m)) is amended-- (1) by inserting before paragraph (1) the following: ``(m) Nonimmigrant Elementary, Secondary, and Post- Secondary School Students.--''; and (2) by adding at the end the following: ``(3) A visa issued to an alien under subparagraph (F)(iv) or (J)(ii) of section 101(a)(15) shall be valid-- ``(A) during the intended period of study in a graduate program described in such section; ``(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and ``(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.''. (e) Waiver of Foreign Residence Requirement.--Section 212(e) (8 U.S.C. 1182(e)) is amended-- (1) by inserting ``(1)'' before ``No person''; (2) by striking ``admission (i) whose'' and inserting the following: ``admission-- ``(A) whose''; (3) by striking ``residence, (ii) who'' and inserting the following: ``residence; ``(B) who''; (4) by striking ``engaged, or (iii) who'' and inserting the following: ``engaged; or ``(C) who''; (5) by striking ``training, shall'' and inserting the following: ``training, ``shall''; (6) by striking ``United States: Provided, That upon'' and inserting the following: ``United States. ``(2) Upon''; (7) by striking ``section 214(l): And provided further, That, except'' and inserting the following: ``section 214(l). ``(3) Except''; and (8) by adding at the end the following: ``(4) An alien who qualifies for adjustment of status under section 214(m)(3)(C) shall not be subject to the 2-year foreign residency requirement under this subsection.''. (f) Off Campus Work Authorization for Foreign Students.-- (1) In general.--Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if-- (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing; (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer-- (i) has spent at least 21 days recruiting United States citizens to fill the position; and (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of-- (I) the actual wage level for the occupation at the place of employment; or (II) the prevailing wage level for the occupation in the area of employment; and (C) the alien will not be employed more than-- (i) 20 hours per week during the academic term; or (ii) 40 hours per week during vacation periods and between academic terms. (2) Disqualification.--If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1). (g) Adjustment of Status.--Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows: ``(a) Authorization.-- ``(1) In general.--The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if-- ``(A) the alien makes an application for such adjustment; [[Page S2945]] ``(B) the alien is eligible to receive an immigrant visa; ``(C) the alien is admissible to the United States for permanent residence; and ``(D) an immigrant visa is immediately available to the alien at the time the application is filed. ``(2) Student visas.--Notwithstanding the requirement under paragraph (1)(D), an alien may file an application for adjustment of status under this section if-- ``(A) the alien has been issued a visa or otherwise provided nonimmigrant status under subparagraph (J)(ii) or (F)(iv) of section 101(a)(15), or would have qualified for such nonimmigrant status if subparagraph (J)(ii) or (F)(iv) of section 101(a)(15) had been enacted before such alien's graduation; ``(B) the alien has earned a master's or doctorate degree or completed post-doctoral studies in the sciences, technology, engineering, or mathematics; ``(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and ``(D) a fee of $2,000 is remitted to the Secretary on behalf of the alien. ``(3) Limitation.--An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.''. (h) Use of Fees.-- (1) Job training; scholarships.--Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent of the fees collected under section 245(a)(2)(D)'' before the period at the end. (2) Fraud prevention and detection.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent of the fees collected under section 245(a)(2)(D)'' before the period at the end. SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES. (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants.-- (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following: ``(G) Aliens who have earned a master's or doctorate degree, or completed post-doctoral studies, in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b). ``(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B). ``(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).''. (2) Applicability.--The amendment made by paragraph (1) shall apply to any visa application-- (A) pending on the date of the enactment of this Act; or (B) filed on or after such date of enactment. (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended-- (1) in subclause (I), by striking ``or'' at the end; (2) in subclause (II), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(III) has a master's or doctorate degree, or completed post-doctoral studies, in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.''. (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``(beginning with fiscal year 1992)''; and (B) in subparagraph (A)-- (i) in clause (vii), by striking ``each succeeding fiscal year; or'' and inserting ``each of fiscal years 2004, 2005, and 2006;''; and (ii) by adding after clause (vii) the following: ``(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and ``(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or''; (2) in paragraph (5)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(D) has earned a master's or doctorate degree, or completed post-doctoral studies, in science, technology, engineering, or math.''; ______ SA 3350. Mr. COBURN submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended-- (1) by striking ``Immigration and Naturalization Service'' and inserting ``Department of Homeland Security'' each place it appears; and (2) by adding at the end the following: ``(d) Enforcement.-- ``(1) Ineligibility for federal law enforcement aid.--Upon a determination that any person, or any Federal, State, or local government agency or entity, is in violation of subsection (a) or (b), the Attorney General shall not provide to that person, agency, or entity any grant amount pursuant to any law enforcement grant program carried out by any element of the Department of Justice, including the program under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 241(i)), and shall ensure that no such grant amounts are provided, directly or indirectly, to such person, agency, or entity. In the case of grant amounts that otherwise would be provided to such person, agency, or entity pursuant to a formula, such amounts shall be reallocated among eligible recipients. ``(2) Violations by government officials.--In any case in which a Federal , State, or local government official is in violation of subsection (a) or (b), the government agency or entity that employs (or, at the time of the violation, employed) the official shall be subject to the sanction under paragraph (1). ``(3) Duration.--The sanction under paragraph (1) shall remain in effect until the Attorney General determines that the person, agency, or entity has ceased violating subsections (a) and (b).''. (b) Effective Date.--The amendments made by subsection (a) shall apply to grant requests pending on or after the date of the enactment of this Act. ______ SA 3351. Mr. DOMENICI submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. COOPERATION WITH THE GOVERNMENT OF MEXICO. (a) Cooperation Regarding Border Security.--The Secretary of State, in cooperation with the Secretary and representatives of Federal, State, and local law enforcement agencies that are involved in border security and immigration enforcement efforts, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico regarding-- (1) improved border security along the international border between the United States and Mexico; (2) the reduction of human trafficking and smuggling between the United States and Mexico; (3) the reduction of drug trafficking and smuggling between the United States and Mexico; (4) the reduction of gang membership in the United States and Mexico; (5) the reduction of violence against women in the United States and Mexico; and (6) the reduction of other violence and criminal activity. (b) Cooperation Regarding Education on Immigration Laws.-- The Secretary of State, in cooperation with other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to carry out activities to educate citizens and nationals of Mexico regarding eligibility for status as a nonimmigrant under Federal law to ensure that the citizens and nationals are not exploited while working in the United States. (c) Cooperation Regarding Circular Migration.--The Secretary of State, in cooperation with the Secretary of Labor and other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico to encourage circular migration, including assisting in the development of economic opportunities and providing job training for citizens and nationals in Mexico. (d) Annual Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report on the actions taken by the United States and Mexico under this section. ______ SA 3352. Mr. VITTER submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 225, beginning on line 17, strike all that follows and insert the following: TITLE V--BACKLOG REDUCTION SEC. 501. ELIMINATION OF EXISTING BACKLOGS. (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: ``(c) Worldwide Level of Family-Sponsored Immigrants.--The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of-- [[Page S2946]] ``(1) 480,000; ``(2) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; ``(3) the difference between-- ``(A) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 minus the number of visas issued under this subsection during those fiscal years; and ``(B) the number of visas calculated under subparagraph (A) that were issued after fiscal year 2005.''. (b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: ``(d) Worldwide Level of Employment-Based Immigrants.-- ``(1) In general.--Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of-- ``(A) 290,000; ``(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and ``(C) the difference between-- ``(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and ``(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005. ``(2) Visas for spouses and children.--Immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).''. SEC. 502. COUNTRY LIMITS. Section 202(a) (8 U.S.C. 1152(a)) is amended-- (1) in paragraph (2)-- (A) by striking ``, (4), and (5)'' and inserting ``and (4)''; and (B) by striking ``7 percent (in the case of a single foreign state) or 2 percent'' and inserting ``10 percent (in the case of a single foreign state) or 5 percent''; and (2) by striking paragraph (5). SEC. 503. ALLOCATION OF IMMIGRANT VISAS. (a) Preference Allocation for Family-Sponsored Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to read as follows: ``(a) Preference Allocations for Family-Sponsored Immigrants.--Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allocated visas as follows: ``(1) Unmarried sons and daughters of citizens.--Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a quantity not to exceed the sum of-- ``(A) 10 percent of such worldwide level; and ``(B) any visas not required for the class specified in paragraph (4). ``(2) Spouses and unmarried sons and daughters of permanent resident aliens.-- ``(A) In general.--Visas in a quantity not to exceed 50 percent of such worldwide level plus any visas not required for the class specified in paragraph (1) shall be allocated to qualified immigrants who are-- ``(i) the spouses or children of an alien lawfully admitted for permanent residence; or ``(ii) the unmarried sons or daughters of an alien lawfully admitted for permanent residence. ``(B) Minimum percentage.--Visas allocated to individuals described in subparagraph (A)(i) shall constitute not less than 77 percent of the visas allocated under this paragraph. ``(3) Married sons and daughters of citizens.--Qualified immigrants who are the married sons and daughters of citizens of the United States shall be allocated visas in a quantity not to exceed the sum of-- ``(A) 10 percent of such worldwide level; and ``(B) any visas not required for the classes specified in paragraphs (1) and (2). ``(4) Brothers and sisters of citizens.--Qualified immigrants who are the brothers or sisters of a citizen of the United States who is at least 21 years of age shall be allocated visas in a quantity not to exceed 30 percent of the worldwide level.''. (b) Preference Allocation for Employment-Based Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended-- (1) in paragraph (1), by striking ``28.6 percent'' and inserting ``15 percent''; (2) in paragraph (2)(A), by striking ``28.6 percent'' and inserting ``15 percent''; (3) in paragraph (3)(A)-- (A) by striking ``28.6 percent'' and inserting ``35 percent''; and (B) by striking clause (iii); (4) by striking paragraph (4); (5) by redesignating paragraph (5) as paragraph (4); (6) in paragraph (4)(A), as redesignated, by striking ``7.1 percent'' and inserting ``5 percent''; (7) by inserting after paragraph (4), as redesignated, the following: ``(5) Other workers.--Visas shall be made available, in a number not to exceed 30 percent of such worldwide level, plus any visa numbers not required for the classes specified in paragraphs (1) through (4), to qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor that is not of a temporary or seasonal nature, for which qualified workers are determined to be unavailable in the United States.''; and (8) by striking paragraph (6). (c) Conforming Amendments.-- (1) Definition of special immigrant.--Section 101(a)(27)(M) (8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to the numerical limitations of section 203(b)(4),''. (2) Repeal of temporary reduction in workers' visas.-- Section 203(e) of the Nicaraguan Adjustment and Central American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is repealed. SEC. 504. RELIEF FOR MINOR CHILDREN. (a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended to read as follows: ``(2)(A)(i) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative. ``(ii) In this subparagraph, the term `immediate relative' means a child, spouse, or parent of a citizen of the United States (and each child of such child, spouse, or parent who is accompanying or following to join the child, spouse, or parent), except that, in the case of parents, such citizens shall be at least 21 years of age. ``(iii) An alien who was the spouse of a citizen of the United States for not less than 2 years at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, and each child of such alien, shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death if the spouse files a petition under section 204(a)(1)(A)(ii) before the earlier of-- ``(I) 2 years after such date; or ``(II) the date on which the spouse remarries. ``(iv) In this clause, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen spouse or parent loses United States citizenship on account of the abuse. ``(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.''. (b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C. 1154 (a)(1)(A)(ii)) is amended by striking ``in the second sentence of section 201(b)(2)(A)(i) also'' and inserting ``in section 201(b)(2)(A)(iii) or an alien child or alien parent described in the 201(b)(2)(A)(iv)''. SEC. 505. SHORTAGE OCCUPATIONS. (a) Exception to Direct Numerical Limitations.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following new subparagraph: ``(F)(i) During the period beginning on the date of the enactment the Comprehensive Immigration Reform Act of 2006 and ending on September 30, 2017, an alien-- ``(I) who is otherwise described in section 203(b); and ``(II) who is seeking admission to the United States to perform labor in shortage occupations designated by the Secretary of Labor for blanket certification under section 212(a)(5)(A) due to the lack of sufficient United States workers able, willing, qualified, and available for such occupations and for which the employment of aliens will not adversely affect the terms and conditions of similarly employed United States workers. ``(ii) During the period described in clause (i), the spouse or dependents of an alien described in clause (i), if accompanying or following to join such alien.''. (b) Exception to Nondiscrimination Requirements.--Section 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking ``201(b)(2)(A)(i)'' and inserting ``201(b)''. (c) Exception to Per Country Levels for Family-Sponsored and Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C. 1152(a)(2)), as amended by section 502(1), is further amended by inserting ``, except for aliens described in section 201(b),'' after ``any fiscal year''. (d) Increasing the Domestic Supply of Nurses and Physical Therapists.--Not later than January 1, 2007, the Secretary of Health and Human Services shall-- (1) submit to Congress a report on the source of newly licensed nurses and physical therapists in each State, which report shall-- (A) include the past 3 years for which data are available; (B) provide separate data for each occupation and for each State; (C) separately identify those receiving their initial license and those licensed by endorsement from another State; (D) within those receiving their initial license in each year, identify the number who received their professional education in the United States and those who received such education outside the United States; and (E) to the extent possible, identify, by State of residence and country of education, the number of nurses and physical therapists who were educated in any of the 5 countries (other than the United States) from which the most nurses and physical therapists arrived; (F) identify the barriers to increasing the supply of nursing faculty, domestically trained nurses, and domestically trained physical therapists; [[Page S2947]] (G) recommend strategies to be followed by Federal and State governments that would be effective in removing such barriers, including strategies that address barriers to advancement to become registered nurses for other health care workers, such as home health aides and nurses assistants; (H) recommend amendments to Federal legislation that would increase the supply of nursing faculty, domestically trained nurses, and domestically trained physical therapists; (I) recommend Federal grants, loans, and other incentives that would provide increases in nurse educators, nurse training facilities, and other steps to increase the domestic education of new nurses and physical therapists; (J) identify the effects of nurse emigration on the health care systems in their countries of origin; and (K) recommend amendments to Federal law that would minimize the effects of health care shortages in the countries of origin from which immigrant nurses arrived; (2) enter into a contract with the National Academy of Sciences Institute of Medicine to determine the level of Federal investment under titles VII and VIII of the Public Health Service Act necessary to eliminate the domestic nursing and physical therapist shortage not later than 7 years from the date on which the report is published; and (3) collaborate with other agencies, as appropriate, in working with ministers of health or other appropriate officials of the 5 countries from which the most nurses and physical therapists arrived, to-- (A) address health worker shortages caused by emigration; (B) ensure that there is sufficient human resource planning or other technical assistance needed to reduce further health worker shortages in such countries. SEC. 506. RELIEF FOR WIDOWS AND ORPHANS. (a) Short Title.--This section may be cited as the ``Widows and Orphans Act of 2006''. (b) New Special Immigrant Category.-- (1) Certain children and women at risk of harm.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended-- (A) in subparagraph (L), by inserting a semicolon at the end; (B) in subparagraph (M), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(N) subject to subsection (j), an immigrant who is not present in the United States-- ``(i) who is-- ``(I) referred to a consular, immigration, or other designated official by a United States Government agency, an international organization, or recognized nongovernmental entity designated by the Secretary of State for purposes of such referrals; and ``(II) determined by such official to be a minor under 18 years of age (as determined under subsection (j)(5))-- ``(aa) for whom no parent or legal guardian is able to provide adequate care; ``(bb) who faces a credible fear of harm related to his or her age; ``(cc) who lacks adequate protection from such harm; and ``(dd) for whom it has been determined to be in his or her best interests to be admitted to the United States; or ``(ii) who is-- ``(I) referred to a consular or immigration official by a United States Government agency, an international organization or recognized nongovernmental entity designated by the Secretary of State for purposes of such referrals; and ``(II) determined by such official to be a female who has-- ``(aa) a credible fear of harm related to her sex; and ``(bb) a lack of adequate protection from such harm.''. (2) Statutory construction.--Section 101 (8 U.S.C. 1101) is amended by adding at the end the following: ``(j)(1) No natural parent or prior adoptive parent of any alien provided special immigrant status under subsection (a)(27)(N)(i) shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act. ``(2)(A) No alien who qualifies for a special immigrant visa under subsection (a)(27)(N)(ii) may apply for derivative status or petition for any spouse who is represented by the alien as missing, deceased, or the source of harm at the time of the alien's application and admission. The Secretary of Homeland Security may waive this requirement for an alien who demonstrates that the alien's representations regarding the spouse were bona fide. ``(B) An alien who qualifies for a special immigrant visa under subsection (a)(27)(N) may apply for derivative status or petition for any sibling under the age of 18 years or children under the age of 18 years of any such alien, if accompanying or following to join the alien. For purposes of this subparagraph, a determination of age shall be made using the age of the alien on the date the petition is filed with the Department of Homeland Security. ``(3) An alien who qualifies for a special immigrant visa under subsection (a)(27)(N) shall be treated in the same manner as a refugee solely for purposes of section 412. ``(4) The provisions of paragraphs (4), (5), and (7)(A) of section 212(a) shall not be applicable to any alien seeking admission to the United States under subsection (a)(27)(N), and the Secretary of Homeland Security may waive any other provision of such section (other than paragraph 2(C) or subparagraph (A), (B), (C), or (E) of paragraph (3) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Secretary of Homeland Security shall be in writing and shall be granted only on an individual basis following an investigation. The Secretary of Homeland Security shall provide for the annual reporting to Congress of the number of waivers granted under this paragraph in the previous fiscal year and a summary of the reasons for granting such waivers. ``(5) For purposes of subsection (a)(27)(N)(i)(II), a determination of age shall be made using the age of the alien on the date on which the alien was referred to the consular, immigration, or other designated official. ``(6) The Secretary of Homeland Security shall waive any application fee for a special immigrant visa for an alien described in section 101(a)(27)(N).''. (3) Expedited process.--Not later than 45 days after the date of referral to a consular, immigration, or other designated official (as described in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by paragraph (1))-- (A) special immigrant status shall be adjudicated; and (B) if special immigrant status is granted, the alien shall be paroled to the United States pursuant to section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for adjustment of status to permanent residence under section 245 of that Act (8 U.S.C. 1255) within 1 year after the alien's arrival in the United States. (4) Report to congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the progress of the implementation of this section and the amendments made by this section, including-- (A) data related to the implementation of this section and the amendments made by this section; (B) data regarding the number of placements of females and children who faces a credible fear of harm as referred to in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by paragraph (1); and (C) any other information that the Secretary considers appropriate. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection and the amendments made by this subsection. (c) Requirements for Aliens.-- (1) Requirement prior to entry into the untied states.-- (A) Database search.--An alien may not be admitted to the United States unless the Secretary has ensured that a search of each database maintained by an agency or department of the United States has been conducted to determine whether such alien is ineligible to be admitted to the Untied States on criminal, security, or related grounds. (B) Cooperation and schedule.--The Secretary and the head of each appropriate agency or department of the United States shall work cooperatively to ensure that each database search required by subparagraph (A) is completed not later than 45 days after the date on which an alien files a petition seeking a special immigration visa under section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (b)(1). (2) Requirement after entry into the united states.-- (A) Requirement to submit fingerprints.-- (i) In general.--Not later than 30 days after the date that an alien enters the United States, the alien shall be fingerprinted and submit to the Secretary such fingerprints and any other personal biometric data required by the Secretary. (ii) Other requirements.--The Secretary may prescribe regulations that permit fingerprints submitted by an alien under section 262 of the Immigration and Nationality Act (8 U.S.C. 1302) or any other provision of law to satisfy the requirement to submit fingerprints of clause (i). (B) Database search.--The Secretary shall ensure that a search of each database that contains fingerprints that is maintained by an agency or department of the United States be conducted to determine whether such alien is ineligible for an adjustment of status under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on criminal, security, or related grounds. (C) Cooperation and schedule.--The Secretary and the head of each appropriate agency or department of the United States shall work cooperatively to ensure that each database search required by subparagraph (B) is completed not later than 180 days after the date on which the alien enters the United States. (D) Administrative and judicial review.-- (i) In general.--There may be no review of a determination by the Secretary, after a search required by subparagraph (B), that an alien is ineligible for an adjustment of status, under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on criminal, security, or related grounds except as provided in this subparagraph. [[Page S2948]] (ii) Administrative review.--An alien may appeal a determination described in clause (i) through the Administrative Appeals Office of the Bureau of Citizenship and Immigration Services. The Secretary shall ensure that a determination on such appeal is made not later than 60 days after the date that the appeal is filed. (iii) Judicial review.--There may be no judicial review of a determination described in clause (i). SEC. 507. STUDENT VISAS. (a) In General.--Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended-- (1) in clause (i)-- (A) by striking ``he has no intention of abandoning, who is'' and inserting the following: ``except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is-- ``(I)''; (B) by striking ``consistent with section 214(l)'' and inserting ``(except for a graduate program described in clause (iv)) consistent with section 214(m)''; (C) by striking the comma at the end and inserting the following: ``; or ``(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;''; (2) in clause (ii)-- (A) by inserting ``or (iv)'' after ``clause (i)''; and (B) by striking ``, and'' and inserting a semicolon; (3) in clause (iii), by adding ``and'' at the end; and (4) by adding at the end the following: ``(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.''. (b) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 1184(b)) is amended by striking ``subparagraph (L) or (V)'' and inserting ``subparagraph (F)(iv), (L), or (V)''. (c) Requirements for F-4 Visa.--Section 214(m) (8 U.S.C. 1184(m)) is amended-- (1) by inserting before paragraph (1) the following: ``(m) Nonimmigrant Elementary, Secondary, and Post- Secondary School Students.--''; and (2) by adding at the end the following: ``(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid-- ``(A) during the intended period of study in a graduate program described in such section; ``(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and ``(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.''. (d) Off Campus Work Authorization for Foreign Students.-- (1) In general.--Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if-- (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing; (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer-- (i) has spent at least 21 days recruiting United States citizens to fill the position; and (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of-- (I) the actual wage level for the occupation at the place of employment; or (II) the prevailing wage level for the occupation in the area of employment; and (C) the alien will not be employed more than-- (i) 20 hours per week during the academic term; or (ii) 40 hours per week during vacation periods and between academic terms. (2) Disqualification.--If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1). (e) Adjustment of Status.--Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows: ``(a) Authorization.-- ``(1) In general.--The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if-- ``(A) the alien makes an application for such adjustment; ``(B) the alien is eligible to receive an immigrant visa; ``(C) the alien is admissible to the United States for permanent residence; and ``(D) an immigrant visa is immediately available to the alien at the time the application is filed. ``(2) Student visas.--Notwithstanding the requirement under paragraph (1)(D), an alien may file an application for adjustment of status under this section if-- ``(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation; ``(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics; ``(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and ``(D) a fee of $2,000 is remitted to the Secretary on behalf of the alien. ``(3) Limitation.--An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.''. (f) Use of Fees.-- (1) Job training; scholarships.--Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent of the fees collected under section 245(a)(2)(D)'' before the period at the end. (2) Fraud prevention and detection.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent of the fees collected under section 245(a)(2)(D)'' before the period at the end. SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES. (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants.-- (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following: ``(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b). ``(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B). ``(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).''. (2) Applicability.--The amendment made by paragraph (1) shall apply to any visa application-- (A) pending on the date of the enactment of this Act; or (B) filed on or after such date of enactment. (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended-- (1) in subclause (I), by striking ``or'' at the end; (2) in subclause (II), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.''. (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``(beginning with fiscal year 1992)''; and (B) in subparagraph (A)-- (i) in clause (vii), by striking ``each succeeding fiscal year; or'' and inserting ``each of fiscal years 2004, 2005, and 2006;''; and (ii) by adding after clause (vii) the following: ``(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and ``(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or''; (2) in paragraph (5)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(D) has earned an advanced degree in science, technology, engineering, or math.''; (3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (4) by inserting after paragraph (8) the following: ``(9) If the numerical limitation in paragraph (1)(A)-- ``(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or ``(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.''. (d) Applicability.--The amendment made by subsection (c)(2) shall apply to any visa application-- [[Page S2949]] (1) pending on the date of the enactment of this Act; or (2) filed on or after such date of enactment. ______ SA 3353. Mr. VITTER submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 225, beginning on line 17, strike all that follows, and insert the following: (d) Other Studies and Reports.-- (1) Study by labor.--The Secretary of Labor shall conduct a study on a sector-by-sector basis on the need for guest workers and the impact that any proposed temporary worker or guest worker program would have on wages and employment opportunities of American workers. (2) Study by gao.--The Comptroller General of the United States shall conduct a study regarding establishing minimum criteria for effectively implementing any proposed temporary worker program and determining whether the Department has the capability to effectively enforce the program. If the Comptroller General determines that the Department does not have the capability to effectively enforce any proposed temporary worker program, the Comptroller General shall determine what additional manpower and resources would be required to ensure effective implementation. (3) Study by the department.--The Secretary shall conduct a study to determine if the border security and interior enforcement measures contained in this Act are being properly implemented and whether they are effective in securing United States borders and curbing illegal immigration. (4) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall, in cooperation with the Secretary of Labor and the Comptroller General of the United States, submit a report to Congress regarding the studies conducted pursuant to paragraphs (1), (2), and (3). TITLE V--BACKLOG REDUCTION SEC. 501. ELIMINATION OF EXISTING BACKLOGS. (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: ``(c) Worldwide Level of Family-Sponsored Immigrants.--The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of-- ``(1) 480,000; ``(2) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; ``(3) the difference between-- ``(A) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 minus the number of visas issued under this subsection during those fiscal years; and ``(B) the number of visas calculated under subparagraph (A) that were issued after fiscal year 2005.''. (b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: ``(d) Worldwide Level of Employment-Based Immigrants.-- ``(1) In general.--Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of-- ``(A) 290,000; ``(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and ``(C) the difference between-- ``(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and ``(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005. ``(2) Visas for spouses and children.--Immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).''. SEC. 502. COUNTRY LIMITS. Section 202(a) (8 U.S.C. 1152(a)) is amended-- (1) in paragraph (2)-- (A) by striking ``, (4), and (5)'' and inserting ``and (4)''; and (B) by striking ``7 percent (in the case of a single foreign state) or 2 percent'' and inserting ``10 percent (in the case of a single foreign state) or 5 percent''; and (2) by striking paragraph (5). SEC. 503. ALLOCATION OF IMMIGRANT VISAS. (a) Preference Allocation for Family-Sponsored Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to read as follows: ``(a) Preference Allocations for Family-Sponsored Immigrants.--Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allocated visas as follows: ``(1) Unmarried sons and daughters of citizens.--Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a quantity not to exceed the sum of-- ``(A) 10 percent of such worldwide level; and ``(B) any visas not required for the class specified in paragraph (4). ``(2) Spouses and unmarried sons and daughters of permanent resident aliens.-- ``(A) In general.--Visas in a quantity not to exceed 50 percent of such worldwide level plus any visas not required for the class specified in paragraph (1) shall be allocated to qualified immigrants who are-- ``(i) the spouses or children of an alien lawfully admitted for permanent residence; or ``(ii) the unmarried sons or daughters of an alien lawfully admitted for permanent residence. ``(B) Minimum percentage.--Visas allocated to individuals described in subparagraph (A)(i) shall constitute not less than 77 percent of the visas allocated under this paragraph. ``(3) Married sons and daughters of citizens.--Qualified immigrants who are the married sons and daughters of citizens of the United States shall be allocated visas in a quantity not to exceed the sum of-- ``(A) 10 percent of such worldwide level; and ``(B) any visas not required for the classes specified in paragraphs (1) and (2). ``(4) Brothers and sisters of citizens.--Qualified immigrants who are the brothers or sisters of a citizen of the United States who is at least 21 years of age shall be allocated visas in a quantity not to exceed 30 percent of the worldwide level.''. (b) Preference Allocation for Employment-Based Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended-- (1) in paragraph (1), by striking ``28.6 percent'' and inserting ``15 percent''; (2) in paragraph (2)(A), by striking ``28.6 percent'' and inserting ``15 percent''; (3) in paragraph (3)(A)-- (A) by striking ``28.6 percent'' and inserting ``35 percent''; and (B) by striking clause (iii); (4) by striking paragraph (4); (5) by redesignating paragraph (5) as paragraph (4); (6) in paragraph (4)(A), as redesignated, by striking ``7.1 percent'' and inserting ``5 percent''; (7) by inserting after paragraph (4), as redesignated, the following: ``(5) Other workers.--Visas shall be made available, in a number not to exceed 30 percent of such worldwide level, plus any visa numbers not required for the classes specified in paragraphs (1) through (4), to qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor that is not of a temporary or seasonal nature, for which qualified workers are determined to be unavailable in the United States.''; and (8) by striking paragraph (6). (c) Conforming Amendments.-- (1) Definition of special immigrant.--Section 101(a)(27)(M) (8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to the numerical limitations of section 203(b)(4),''. (2) Repeal of temporary reduction in workers' visas.-- Section 203(e) of the Nicaraguan Adjustment and Central American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is repealed. SEC. 504. RELIEF FOR MINOR CHILDREN. (a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended to read as follows: ``(2)(A)(i) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative. ``(ii) In this subparagraph, the term `immediate relative' means a child, spouse, or parent of a citizen of the United States (and each child of such child, spouse, or parent who is accompanying or following to join the child, spouse, or parent), except that, in the case of parents, such citizens shall be at least 21 years of age. ``(iii) An alien who was the spouse of a citizen of the United States for not less than 2 years at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, and each child of such alien, shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death if the spouse files a petition under section 204(a)(1)(A)(ii) before the earlier of-- ``(I) 2 years after such date; or ``(II) the date on which the spouse remarries. ``(iv) In this clause, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen spouse or parent loses United States citizenship on account of the abuse. ``(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.''. (b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C. 1154 (a)(1)(A)(ii)) is amended by striking ``in the second sentence of section 201(b)(2)(A)(i) also'' and inserting ``in section 201(b)(2)(A)(iii) or an alien child or alien parent described in the 201(b)(2)(A)(iv)''. SEC. 505. SHORTAGE OCCUPATIONS. (a) Exception to Direct Numerical Limitations.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following new subparagraph: [[Page S2950]] ``(F)(i) During the period beginning on the date of the enactment the Comprehensive Immigration Reform Act of 2006 and ending on September 30, 2017, an alien-- ``(I) who is otherwise described in section 203(b); and ``(II) who is seeking admission to the United States to perform labor in shortage occupations designated by the Secretary of Labor for blanket certification under section 212(a)(5)(A) due to the lack of sufficient United States workers able, willing, qualified, and available for such occupations and for which the employment of aliens will not adversely affect the terms and conditions of similarly employed United States workers. ``(ii) During the period described in clause (i), the spouse or dependents of an alien described in clause (i), if accompanying or following to join such alien.''. (b) Exception to Nondiscrimination Requirements.--Section 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking ``201(b)(2)(A)(i)'' and inserting ``201(b)''. (c) Exception to Per Country Levels for Family-Sponsored and Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C. 1152(a)(2)), as amended by section 502(1), is further amended by inserting ``, except for aliens described in section 201(b),'' after ``any fiscal year''. (d) Increasing the Domestic Supply of Nurses and Physical Therapists.--Not later than January 1, 2007, the Secretary of Health and Human Services shall-- (1) submit to Congress a report on the source of newly licensed nurses and physical therapists in each State, which report shall-- (A) include the past 3 years for which data are available; (B) provide separate data for each occupation and for each State; (C) separately identify those receiving their initial license and those licensed by endorsement from another State; (D) within those receiving their initial license in each year, identify the number who received their professional education in the United States and those who received such education outside the United States; and (E) to the extent possible, identify, by State of residence and country of education, the number of nurses and physical therapists who were educated in any of the 5 countries (other than the United States) from which the most nurses and physical therapists arrived; (F) identify the barriers to increasing the supply of nursing faculty, domestically trained nurses, and domestically trained physical therapists; (G) recommend strategies to be followed by Federal and State governments that would be effective in removing such barriers, including strategies that address barriers to advancement to become registered nurses for other health care workers, such as home health aides and nurses assistants; (H) recommend amendments to Federal legislation that would increase the supply of nursing faculty, domestically trained nurses, and domestically trained physical therapists; (I) recommend Federal grants, loans, and other incentives that would provide increases in nurse educators, nurse training facilities, and other steps to increase the domestic education of new nurses and physical therapists; (J) identify the effects of nurse emigration on the health care systems in their countries of origin; and (K) recommend amendments to Federal law that would minimize the effects of health care shortages in the countries of origin from which immigrant nurses arrived; (2) enter into a contract with the National Academy of Sciences Institute of Medicine to determine the level of Federal investment under titles VII and VIII of the Public Health Service Act necessary to eliminate the domestic nursing and physical therapist shortage not later than 7 years from the date on which the report is published; and (3) collaborate with other agencies, as appropriate, in working with ministers of health or other appropriate officials of the 5 countries from which the most nurses and physical therapists arrived, to-- (A) address health worker shortages caused by emigration; (B) ensure that there is sufficient human resource planning or other technical assistance needed to reduce further health worker shortages in such countries. SEC. 506. RELIEF FOR WIDOWS AND ORPHANS. (a) Short Title.--This section may be cited as the ``Widows and Orphans Act of 2006''. (b) New Special Immigrant Category.-- (1) Certain children and women at risk of harm.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended-- (A) in subparagraph (L), by inserting a semicolon at the end; (B) in subparagraph (M), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(N) subject to subsection (j), an immigrant who is not present in the United States-- ``(i) who is-- ``(I) referred to a consular, immigration, or other designated official by a United States Government agency, an international organization, or recognized nongovernmental entity designated by the Secretary of State for purposes of such referrals; and ``(II) determined by such official to be a minor under 18 years of age (as determined under subsection (j)(5))-- ``(aa) for whom no parent or legal guardian is able to provide adequate care; ``(bb) who faces a credible fear of harm related to his or her age; ``(cc) who lacks adequate protection from such harm; and ``(dd) for whom it has been determined to be in his or her best interests to be admitted to the United States; or ``(ii) who is-- ``(I) referred to a consular or immigration official by a United States Government agency, an international organization or recognized nongovernmental entity designated by the Secretary of State for purposes of such referrals; and ``(II) determined by such official to be a female who has-- ``(aa) a credible fear of harm related to her sex; and ``(bb) a lack of adequate protection from such harm.''. (2) Statutory construction.--Section 101 (8 U.S.C. 1101) is amended by adding at the end the following: ``(j)(1) No natural parent or prior adoptive parent of any alien provided special immigrant status under subsection (a)(27)(N)(i) shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act. ``(2)(A) No alien who qualifies for a special immigrant visa under subsection (a)(27)(N)(ii) may apply for derivative status or petition for any spouse who is represented by the alien as missing, deceased, or the source of harm at the time of the alien's application and admission. The Secretary of Homeland Security may waive this requirement for an alien who demonstrates that the alien's representations regarding the spouse were bona fide. ``(B) An alien who qualifies for a special immigrant visa under subsection (a)(27)(N) may apply for derivative status or petition for any sibling under the age of 18 years or children under the age of 18 years of any such alien, if accompanying or following to join the alien. For purposes of this subparagraph, a determination of age shall be made using the age of the alien on the date the petition is filed with the Department of Homeland Security. ``(3) An alien who qualifies for a special immigrant visa under subsection (a)(27)(N) shall be treated in the same manner as a refugee solely for purposes of section 412. ``(4) The provisions of paragraphs (4), (5), and (7)(A) of section 212(a) shall not be applicable to any alien seeking admission to the United States under subsection (a)(27)(N), and the Secretary of Homeland Security may waive any other provision of such section (other than paragraph 2(C) or subparagraph (A), (B), (C), or (E) of paragraph (3) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Secretary of Homeland Security shall be in writing and shall be granted only on an individual basis following an investigation. The Secretary of Homeland Security shall provide for the annual reporting to Congress of the number of waivers granted under this paragraph in the previous fiscal year and a summary of the reasons for granting such waivers. ``(5) For purposes of subsection (a)(27)(N)(i)(II), a determination of age shall be made using the age of the alien on the date on which the alien was referred to the consular, immigration, or other designated official. ``(6) The Secretary of Homeland Security shall waive any application fee for a special immigrant visa for an alien described in section 101(a)(27)(N).''. (3) Expedited process.--Not later than 45 days after the date of referral to a consular, immigration, or other designated official (as described in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by paragraph (1))-- (A) special immigrant status shall be adjudicated; and (B) if special immigrant status is granted, the alien shall be paroled to the United States pursuant to section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for adjustment of status to permanent residence under section 245 of that Act (8 U.S.C. 1255) within 1 year after the alien's arrival in the United States. (4) Report to congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the progress of the implementation of this section and the amendments made by this section, including-- (A) data related to the implementation of this section and the amendments made by this section; (B) data regarding the number of placements of females and children who faces a credible fear of harm as referred to in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by paragraph (1); and (C) any other information that the Secretary considers appropriate. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection and the amendments made by this subsection. (c) Requirements for Aliens.-- (1) Requirement prior to entry into the untied states.-- [[Page S2951]] (A) Database search.--An alien may not be admitted to the United States unless the Secretary has ensured that a search of each database maintained by an agency or department of the United States has been conducted to determine whether such alien is ineligible to be admitted to the Untied States on criminal, security, or related grounds. (B) Cooperation and schedule.--The Secretary and the head of each appropriate agency or department of the United States shall work cooperatively to ensure that each database search required by subparagraph (A) is completed not later than 45 days after the date on which an alien files a petition seeking a special immigration visa under section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (b)(1). (2) Requirement after entry into the united states.-- (A) Requirement to submit fingerprints.-- (i) In general.--Not later than 30 days after the date that an alien enters the United States, the alien shall be fingerprinted and submit to the Secretary such fingerprints and any other personal biometric data required by the Secretary. (ii) Other requirements.--The Secretary may prescribe regulations that permit fingerprints submitted by an alien under section 262 of the Immigration and Nationality Act (8 U.S.C. 1302) or any other provision of law to satisfy the requirement to submit fingerprints of clause (i). (B) Database search.--The Secretary shall ensure that a search of each database that contains fingerprints that is maintained by an agency or department of the United States be conducted to determine whether such alien is ineligible for an adjustment of status under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on criminal, security, or related grounds. (C) Cooperation and schedule.--The Secretary and the head of each appropriate agency or department of the United States shall work cooperatively to ensure that each database search required by subparagraph (B) is completed not later than 180 days after the date on which the alien enters the United States. (D) Administrative and judicial review.-- (i) In general.--There may be no review of a determination by the Secretary, after a search required by subparagraph (B), that an alien is ineligible for an adjustment of status, under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on criminal, security, or related grounds except as provided in this subparagraph. (ii) Administrative review.--An alien may appeal a determination described in clause (i) through the Administrative Appeals Office of the Bureau of Citizenship and Immigration Services. The Secretary shall ensure that a determination on such appeal is made not later than 60 days after the date that the appeal is filed. (iii) Judicial review.--There may be no judicial review of a determination described in clause (i). SEC. 507. STUDENT VISAS. (a) In General.--Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended-- (1) in clause (i)-- (A) by striking ``he has no intention of abandoning, who is'' and inserting the following: ``except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is-- ``(I)''; (B) by striking ``consistent with section 214(l)'' and inserting ``(except for a graduate program described in clause (iv)) consistent with section 214(m)''; (C) by striking the comma at the end and inserting the following: ``; or ``(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;''; (2) in clause (ii)-- (A) by inserting ``or (iv)'' after ``clause (i)''; and (B) by striking ``, and'' and inserting a semicolon; (3) in clause (iii), by adding ``and'' at the end; and (4) by adding at the end the following: ``(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.''. (b) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 1184(b)) is amended by striking ``subparagraph (L) or (V)'' and inserting ``subparagraph (F)(iv), (L), or (V)''. (c) Requirements for F-4 Visa.--Section 214(m) (8 U.S.C. 1184(m)) is amended-- (1) by inserting before paragraph (1) the following: ``(m) Nonimmigrant Elementary, Secondary, and Post- Secondary School Students.--''; and (2) by adding at the end the following: ``(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid-- ``(A) during the intended period of study in a graduate program described in such section; ``(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and ``(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.''. (d) Off Campus Work Authorization for Foreign Students.-- (1) In general.--Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if-- (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing; (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer-- (i) has spent at least 21 days recruiting United States citizens to fill the position; and (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of-- (I) the actual wage level for the occupation at the place of employment; or (II) the prevailing wage level for the occupation in the area of employment; and (C) the alien will not be employed more than-- (i) 20 hours per week during the academic term; or (ii) 40 hours per week during vacation periods and between academic terms. (2) Disqualification.--If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1). (e) Adjustment of Status.--Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows: ``(a) Authorization.-- ``(1) In general.--The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if-- ``(A) the alien makes an application for such adjustment; ``(B) the alien is eligible to receive an immigrant visa; ``(C) the alien is admissible to the United States for permanent residence; and ``(D) an immigrant visa is immediately available to the alien at the time the application is filed. ``(2) Student visas.--Notwithstanding the requirement under paragraph (1)(D), an alien may file an application for adjustment of status under this section if-- ``(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation; ``(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics; ``(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and ``(D) a fee of $2,000 is remitted to the Secretary on behalf of the alien. ``(3) Limitation.--An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.''. (f) Use of Fees.-- (1) Job training; scholarships.--Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent of the fees collected under section 245(a)(2)(D)'' before the period at the end. (2) Fraud prevention and detection.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent of the fees collected under section 245(a)(2)(D)'' before the period at the end. SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES. (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants.-- (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following: ``(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b). ``(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B). ``(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).''. (2) Applicability.--The amendment made by paragraph (1) shall apply to any visa application-- [[Page S2952]] (A) pending on the date of the enactment of this Act; or (B) filed on or after such date of enactment. (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended-- (1) in subclause (I), by striking ``or'' at the end; (2) in subclause (II), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.''. (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``(beginning with fiscal year 1992)''; and (B) in subparagraph (A)-- (i) in clause (vii), by striking ``each succeeding fiscal year; or'' and inserting ``each of fiscal years 2004, 2005, and 2006;''; and (ii) by adding after clause (vii) the following: ``(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and ``(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or''; (2) in paragraph (5)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(D) has earned an advanced degree in science, technology, engineering, or math.''; (3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (4) by inserting after paragraph (8) the following: ``(9) If the numerical limitation in paragraph (1)(A)-- ``(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or ``(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.''. (d) Applicability.--The amendment made by subsection (c)(2) shall apply to any visa application-- (1) pending on the date of the enactment of this Act; or (2) filed on or after such date of enactment. ______ SA 3354. Mr. ALEXANDER (for himself and Mr. Bingaman) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 321, strike lines 14 through 20 and insert the following: ``(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and are employed in a field relating to science, technology, engineering, or math in the United States under a nonimmigrant visa during the 3-year period preceding the application of the alien for an immigrant visa under section 203(b). ______ SA 3355. Mr. ALEXANDER (for himself and Mr. Bingaman) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 320, strike lines 17 through 20 and insert the following: ``(3) Limitation.--An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available. ``(4) Filing in cases of unavailable visa numbers.--Subject to the limitation described in paragraph (3), if a supplemental petition fee is paid for a petition under subparagraph (E) or (F) of section 204(a)(1), an application under paragraph (1) on behalf of an alien that is a beneficiary of the petition (including a spouse or child who is accompanying or following to join the beneficiary) may be filed without regard to the requirement under paragraph (1)(D). ``(5) Pending applications.--Subject to the limitation described in paragraph (3), if a petition under subparagraph (E) or (F) of section 204(a)(1) is pending or approved as of the date of enactment of this paragraph, on payment of the supplemental petition fee under that section, the alien that is the beneficiary of the petition may submit an application for adjustment of status under this subsection without regard to the requirement under paragraph (1)(D). ``(6) Employment authorizations and advanced parole travel documentation.--The Attorney General shall-- ``(A) provide to any immigrant who has submitted an application for adjustment of status under this subsection not less than 3 increments, the duration of each of which shall be not less than 3 years, for any applicable employment authorization or advanced parole travel document of the immigrant; and ``(B) adjust each applicable fee payment schedule in accordance with the increments provided under subparagraph (A) so that 1 fee for each authorization or document is required for each 3-year increment.''. On page 324, after line 22, insert the following: (e) Temporary Worker Visa Duration.--Section 106 of the American Competitiveness in the Twenty-First Century Act of 2000 (Public Law 106-313; 114 Stat. 1254) is amended by striking subsection (b) and inserting the following: ``(b) Extension of H-1B Worker Status.--The Attorney General shall-- ``(1) extend the stay of an alien who qualifies for an exemption under subsection (a) in not less than 3 increments, the duration of each of which shall be not less than 3 years, until such time as a final decision is made with respect to the lawful permanent residence of the alien; and ``(2) adjust each applicable fee payment schedule in accordance with the increments provided under paragraph (1) so that 1 fee is required for each 3-year increment.''. ______ SA 3356. Mr. SESSIONS submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 11, strike line 13 through page 13, line 21, and insert the following: SEC. 105. PORTS OF ENTRY. To facilitate the flow of trade, commerce, tourism, and legal immigration, the Secretary shall-- (1) at locations to be determined by the Secretary, increase by at least 25 percent, the number of ports of entry along the southwestern international border of the United States; (2) increase the ports of entry along the northern international land border as needed; and (3) make necessary improvements to the ports of entry in existence on the date of the enactment of this Act. SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE BARRIERS. (a) Tucson Sector.--The Secretary shall-- (1) replace all aged, deteriorating, or damaged primary fencing in the Tucson Sector located proximate to population centers in Douglas, Nogales, Naco, and Lukeville, Arizona with double- or triple-fencing running parallel to the international border between the United States and Mexico; (2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas, except that the double- or triple-layered fence shall extend west of Naco, Arizona, for a distance of 10 miles; and (3) construct not less than 150 miles of vehicle barriers and all-weather roads in the Tucson Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross-border traffic. (b) Yuma Sector.--The Secretary shall-- (1) replace all aged, deteriorating, or damaged primary fencing in the Yuma Sector located proximate to population centers in Yuma, Somerton, and San Luis, Arizona with double- or triple-fencing running parallel to the international border between the United States and Mexico; (2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas in the Yuma Sector. (3) construct not less than 50 miles of vehicle barriers and all-weather roads in the Yuma Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross- border traffic. (c) Other Sectors.-- (1) Reinforced fencing--The Secretary shall construct a double- or triple-layered fence (A) extending from 10 miles west of the Tecate, California, port of entry to 10 miles east of the Tecate, California, port of entry; (B) extending from 10 miles west of the Calexico, California, port of entry to 5 miles east of the Douglas, Arizona, port of entry; (C) extending from 5 miles west of the Columbus, New Mexico, port of entry to 10 miles east of El Paso, Texas; (D) extending from 5 miles northwest of the Del Rio, Texas, port of entry to 5 miles southeast of the Eagle Pass, Texas, port of entry; and (E) extending 15 miles northwest of the Laredo, Texas, port of entry to the Brownsville, Texas, port of entry. (d) Construction Deadline.--The Secretary shall immediately commence construction of the fencing, barriers, and roads described in subsections (a), (b) and (c), and shall complete such construction not later than 2 years after the date of the enactment of this Act. (e) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes the progress that has been made in constructing [[Page S2953]] the fencing, barriers, and roads described in subsections (a), (b) and (c). (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ______ SA 3357. Mr. SESSIONS submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 11, strike line 13 through page 13, line 21, and insert the following: ``SEC. 105. PORTS OF ENTRY. To facilitate the flow of trade, commerce, tourism, and legal immigration, the Secretary shall-- (1) at locations to be determined by the Secretary, increase by at least 25 percent, the number of ports of entry along the southwestern international border of the United States; (2) increase the ports of entry along the northern international land border as needed; and (3) make necessary improvements to the ports of entry in existence on the date of the enactment of this Act. SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE BARRIERS. (a) Tucson Sector.--The Secretary shall-- (1) replace all aged, deteriorating, or damaged primary fencing in the Tucson Sector located proximate to population centers in Douglas, Nogales, Naco, and Lukeville, Arizona with double- or triple-fencing running parallel to the international border between the United States and Mexico; (2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas, except that the double- or triple-layered fence shall extend west of Naco, Arizona, for a distance of 10 miles; and (3) construct not less than 150 miles of vehicle barriers and all-weather roads in the Tucson Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross-border traffic. (b) Yuma Sector.--The Secretary shall-- (1) replace all aged, deteriorating, or damaged primary fencing in the Yuma Sector located proximate to population centers in Yuma, Somerton, and San Luis, Arizona with double- or triple-fencing running parallel to the international border between the United States and Mexico; (2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas in the Yuma Sector. (3) construct not less than 50 miles of vehicle barriers and all-weather roads in the Yuma Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross- border traffic. (c) Other Sectors.-- (1) Reinforced fencing--The Secretary shall construct not less than 700 additional miles or double- or triple-layered fencing at strategic locations along the southwest international border to be determined by the Secretary. (2) Priority Areas.--In determining strategic locations under paragraph (c)(1), the Secretary shall prioritize, to the maximum extent practicable-- (A) areas with the highest illegal alien apprehension rates; and (B) areas with the highest human and drug trafficking rates, in the determination of the Secretary. (d) Construction Deadline.--The Secretary shall immediately commence construction of the fencing, barriers, and roads described in subsections (a) (b) and (c), and shall complete such construction not later than 2 years after the date of the enactment of this Act. (e) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes the progress that has been made in constructing the fencing, barriers, and roads described in subsections (a) (b) and (c). (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.'' ______ SA 3358. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: TITLE VII--IMMIGRATION LITIGATION REDUCTION SEC. 701. CONSOLIDATION OF IMMIGRATION APPEALS. (a) Reapportionment of Circuit Court Judges.--The table in section 44(a) of title 28, United States Code, is amended in the item relating to the Federal Circuit by striking ``12'' and inserting ``15''. (b) Review of Orders of Removal.--Section 242(b) (8 U.S.C. 1252(b)) is amended-- (1) in paragraph (2), by striking the first sentence and inserting ``The petition for review shall be filed with the United States Court of Appeals for the Federal Circuit.''; (2) in paragraph (5)(B), by adding at the end the following: ``Any appeal of a decision by the district court under this paragraph shall be filed with the United States Court of Appeals for the Federal Circuit.''; and (3) in paragraph (7), by amending subparagraph (C) to read as follows: ``(C) Consequence of invalidation and venue of appeals.-- ``(i) Invalidation.--If the district court rules that the removal order is invalid, the court shall dismiss the indictment for violation of section 243(a). ``(ii) Appeals.--The United States Government may appeal a dismissal under clause (i) to the United States Court of Appeals for the Federal Circuit within 30 days after the date of the dismissal. If the district court rules that the removal order is valid, the defendant may appeal the district court decision to the United States Court of Appeals for the Federal Circuit within 30 days after the date of completion of the criminal proceeding.''. (c) Review of Orders Regarding Inadmissable Aliens.-- Section 242(e) (8 U.S.C. 1252(e)) is amended by adding at the end the following new paragraph: ``(6) Venue.--The petition to appeal any decision by the district court pursuant to this subsection shall be filed with the United States Court of Appeals for the Federal Circuit.''. (d) Exclusive Jurisdiction.--Section 242(g) (8 U.S.C. 1252(g)) is amended-- (1) by striking ``Except''; and inserting the following: ``(1) In general.--Except''; and (2) by adding at the end the following: ``(2) Appeals.--Notwithstanding any other provision of law, the United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction to review a district court order arising from any action taken, or proceeding brought, to remove or exclude an alien from the United States, including a district court order granting or denying a petition for writ of habeas corpus.''. (e) Jurisdiction of the United States Court of Appeals for the Federal Circuit.-- (1) Exclusive jurisdiction.--Section 1295(a) of title 28, United States Code, is amended by adding at the end the following new paragraph: ``(15) of an appeal to review a final administrative order or a district court decision arising from any action taken, or proceeding brought, to remove or exclude an alien from the United States.''. (2) Conforming amendments.--Such section 1295(a) is further amended-- (A) in paragraph (13), by striking ``and''; and (B) in paragraph (14), by striking the period at the end and inserting a semicolon and ``and''. (f) Authorization of Appropriations.--There are authorized to be appropriated to the United States Court of Appeals for the Federal Circuit for each of the fiscal years 2007 through 2011 such sums as may be necessary to carry out this subsection, including the hiring of additional attorneys for the such Court. (g) Effective Date.--The amendments made by this section shall take effect upon the date of enactment of this Act and shall apply to any final agency order or district court decision entered on or after the date of enactment of this Act. SEC. 702. CERTIFICATE OF REVIEWABILITY. (a) Briefs.--Section 242(b)(3)(C) (8 U.S.C. 1252(b)(3)(C)) is amended to read as follows: ``(C) Briefs.-- ``(i) Alien's brief.--The alien shall serve and file a brief in connection with a petition for judicial review not later than 40 days after the date on which the administrative record is available. The court may not extend this deadline except upon motion for good cause shown. If an alien fails to file a brief within the time provided in this subparagraph, the court shall dismiss the appeal unless a manifest injustice would result. ``(ii) United states brief.--The United States shall not be afforded an opportunity to file a brief in response to the alien's brief until a judge issues a certificate of reviewability as provided in subparagraph (D), unless the court requests the United States to file a reply brief prior to issuing such certification.''. (b) Certificate of Reviewability.--Section 242(b)(3) (8 U.S.C. 1252 (b)(3)) is amended by adding at the end the following new subparagraphs: ``(D) Certificate of reviewability.-- ``(i) After the alien has filed a brief, the petition for review shall be assigned to one judge on the Federal Circuit Court of Appeals. ``(ii) Unless such judge issues a certificate of reviewability, the petition for review shall be denied and the United States may not file a brief. ``(iii) Such judge may not issue a certificate of reviewability under clause (ii) unless the petitioner establishes a prima facie case that the petition for review should be granted. ``(iv) Such judge shall complete all action on such certificate, including rendering judgment, not later than 60 days after the date on which the judge is assigned the petition for review, unless an extension is granted under clause (v). ``(v) Such judge may grant, on the judge's own motion or on the motion of a party, an extension of the 60-day period described in clause (iv) if-- [[Page S2954]] ``(I) all parties to the proceeding agree to such extension; or ``(II) such extension is for good cause shown or in the interests of justice, and the judge states the grounds for the extension with specificity. ``(vi) If no certificate of reviewability is issued before the end of the period described in clause (iv), including any extension under clause (v), the petition for review shall be denied, any stay or injunction on petitioner's removal shall be dissolved without further action by the court or the Government, and the alien may be removed. ``(vii) If such judge issues a certificate of reviewability under clause (ii), the Government shall be afforded an opportunity to file a brief in response to the alien's brief. The alien may serve and file a reply brief not later than 14 days after service of the Government brief, and the court may not extend this deadline except upon motion for good cause shown. ``(E) No further review of decision not to issue a certificate of reviewability.--The decision of a judge on the Federal Circuit Court of Appeals not to issue a certificate of reviewability or to deny a petition for review, shall be the final decision for the Federal Circuit Court of Appeals and may not be reconsidered, reviewed, or reversed by the such Court through any mechanism or procedure.''. ______ SA 3359. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 11, strike lines 13 through 20 and insert the following: SEC. 105. PORTS OF ENTRY. To facilitate the flow of trade, commerce, tourism, and legal immigration, the Secretary shall-- (1) at locations to be determined by the Secretary, increase by at least 25 percent the number of ports of entry along the southwestern border of the United States; (2) increase the ports of entry along the northern international land border as needed; and (3) make necessary improvements to the ports of entry in existence on the date of the enactment of this Act. On page 13, between lines 5 and 6 insert the following: (c) Other Sectors.-- (1) Reinforced fencing.--The Secretary shall construct not less than 700 additional miles of double- or triple-layered fencing at strategic locations along the southwest border to be determined by the Secretary. (2) Priority areas.--In determining strategic locations under paragraph (1), the Secretary shall prioritize, to the maximum extent practicable-- (A) areas with the highest illegal alien apprehension rates; and (B) areas with the highest human and drug trafficking rates, in the determination of the Secretary. On page 13, line 6, strike ``(c)'' and insert ``(d)''. On page 13, line 11, strike ``(d)'' and insert ``(e)''. On page 13, line 18, strike ``(e)'' and insert ``(f)''. ______ SA 3360. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 248, line 11, insert ``AND WIDOWS'' after ``CHILDREN''. On page 249, line 3, insert ``or, if married for less than 2 years at the time of the citizen's death, proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit,'' after ``death''. On page 249, after line 25, add the following: (c) Transition Period.-- (1) In general.--In applying clause (iii) of section 201(b)(2)(A) of the Immigration and Nationality Act, as added by subsection (a), to an alien whose citizen relative died before the date of the enactment of this Act, the alien relative may (notwithstanding the deadlines specified in such clause) file the classification petition under section 204(a)(1)(A)(ii) of such Act not later than 2 years after the date of the enactment of this Act. (2) Eligibility for parole.--If an alien was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act based solely upon the alien's lack of classification as an immediate relative (as defined by 201(b)(2)(A)(ii) of the Immigration and Nationality Act) due to the citizen's death-- (A) such alien shall be eligible for parole into the United States pursuant to the Attorney General's discretionary authority under section 212(d)(5) of such Act; and (B) such alien's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act. (d) Adjustment of Status.--Section 245 (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) Application for Adjustment of Status by Surviving Spouses, Parents, and Children.-- ``(1) In general.--Any alien described in paragraph (2) who applies for adjustment of status before the death of the qualifying relative, may have such application adjudicated as if such death had not occurred. ``(2) Alien described.--An alien is described in this paragraph is an alien who-- ``(A) is an immediate relative (as described in section 201(b)(2)(A)); ``(B) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); ``(C) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or ``(D) is a derivative beneficiary of a diversity immigrant (as described in section 203(c)).''. (e) Transition Period.-- (1) In general.--Notwithstanding a denial of an application for adjustment of status for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee, if such motion is filed not later than 2 years after such date of enactment. (2) Eligibility for parole.--If an alien was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act-- (A) such alien shall be eligible for parole into the United States pursuant to the Attorney General's discretionary authority under section 212(d)(5) of the Immigration and Nationality Act; and (B) such alien's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act. (f) Processing of Immigrant Visas.--Section 204(b) (8 U.S.C. 1154) is amended-- (1) by striking ``After an investigation'' and inserting the following: ``(1) In general.--After an investigation''; and (2) by adding at the end the following: ``(2) Death of qualifying relative.-- ``(A) In general.--Any alien described in paragraph (2) whose qualifying relative died before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. An immigrant visa issued before the death of the qualifying relative shall remain valid after such death. ``(B) Alien described.--An alien is described in this paragraph is an alien who-- ``(i) is an immediate relative (as described in section 201(b)(2)(A)); ``(ii) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); ``(iii) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or ``(iv) is a derivative beneficiary of a diversity immigrant (as described in section 203(c)).''. (g) Naturalization.--Section 319(a) (8 U.S.C. 1429(a)) is amended by inserting ``(or, if the spouse is deceased, the spouse was a citizen of the United States)'' after ``citizen of the United States''. ______ SA 3361. Mr. GRASSLEY (for himself and Mr. Kyl) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: Strike title III and insert the following: TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. (a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read as follows: ``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. ``(a) Making Employment of Unauthorized Aliens Unlawful.-- ``(1) In general.--It is unlawful for an employer-- ``(A) to hire, or to recruit or refer for a fee, an alien for employment in the United States knowing, or with reckless disregard, that the alien is an unauthorized alien with respect to such employment; or ``(B) to hire, or to recruit or refer for a fee, for employment in the United States an individual unless such employer meets the requirements of subsections (c) and (d). ``(2) Continuing employment.--It is unlawful for an employer, after lawfully hiring an alien for employment, to continue to employ the alien in the United States knowing that the alien is (or has become) an unauthorized alien with respect to such employment. ``(3) Use of labor through contract.--Any 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 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). Any employer who uses a contract, subcontract, or exchange to obtain the labor of a person in the United States shall be in violation of paragraph (1)(B) unless-- ``(A) the employer includes in the contract or subcontract or other binding agreement a requirement that the person hiring the alien shall comply with this section and keep records necessary to demonstrate compliance with this section; and [[Page S2955]] ``(B) the employer exercises reasonable diligence to ensure that person complies with this section. ``(4) Defense.-- ``(A) In general.--Subject to subparagraph (B), an employer that establishes that the employer has complied in good faith with the requirements of subsections (c) and (d) has established an affirmative defense that the employer has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral. ``(B) Exception.--Until the date that an employer is required to participate in the Electronic Employment Verification System under subsection (d) or is permitted to participate in such System on a voluntary basis, the employer may establish an affirmative defense under subparagraph (A) by complying with the requirements of subsection (c). ``(b) Order of Internal Review and Certification of Compliance.-- ``(1) Authority to require certification.--If the Secretary has reasonable cause to believe that an employer has failed to comply with this section, the Secretary is authorized, at any time, to require that the employer certify that the employer is in compliance with this section, or has instituted a program to come into compliance. ``(2) Content of certification.--Not later than 60 days after the date an employer receives a request for a certification under paragraph (1) the chief executive officer or similar official of the employer shall certify under penalty of perjury that-- ``(A) the employer is in compliance with the requirements of subsections (c) and (d); or ``(B) that the employer has instituted a program to come into compliance with such requirements. ``(3) Extension.--The 60-day period referred to in paragraph (2), may be extended by the Secretary for good cause, at the request of the employer. ``(4) Publication.--The Secretary is authorized to publish in the Federal Register standards or methods for certification and for specific record keeping practices with respect to such certification, and procedures for the audit of any records related to such certification. ``(c) Document Verification Requirements.--An employer hiring, or recruiting or referring for a fee, an individual for employment in the United States shall verify that the individual is eligible for such employment by meeting the requirements of subsection (d) and the following paragraphs: ``(1) Attestation by employer.-- ``(A) Requirements.-- ``(i) In general.--The employer shall attest, under penalty of perjury and on a form prescribed by the Secretary, that the employer has verified the identity and eligibility for employment of the individual by examining-- ``(I) a document described in subparagraph (B); or ``(II) a document described in subparagraph (C) and a document described in subparagraph (D). ``(ii) Signature requirements.--An attestation required by clause (i) may be manifested by a handwritten or electronic signature. ``(iii) Standards for examination.--An employer has complied with the requirement of this paragraph with respect to examination of documentation if, based on the totality of the circumstances, a reasonable person would conclude that the document examined is genuine and establishes the individual's identity and eligibility for employment in the United States. ``(iv) Registration of employers.--An employer shall register the employer's participation in the System in the manner prescribed by the Secretary prior to the date the employer is required or permitted to submit information with respect to an employee under paragraph (3) or (4) of subsection (d). ``(v) Requirements for employment eligibility system participants.--A participant in the Electronic Employment Verification System established under subsection (d), regardless of whether such participation is voluntary or mandatory, shall be permitted to utilize any technology that is consistent with this section and with any regulation or guidance from the Secretary to streamline the procedures to comply with the attestation requirement, and to comply with the employment eligibility verification requirements contained in this section. ``(B) Documents establishing both employment eligibility and identity.--A document described in this subparagraph is an individual's-- ``(i) United States passport; or ``(ii) permanent resident card or other document designated by the Secretary, if the document-- ``(I) contains a photograph of the individual and such other personal identifying information relating to the individual that the Secretary proscribes in regulations is sufficient for the purposes of this subparagraph; ``(II) is evidence of eligibility for employment in the United States; and ``(III) contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use. ``(C) Documents evidencing employment eligibility.--A document described in this subparagraph is an individual's social security account number card issued by the Commissioner of Social Security (other than a card which bears the legend `not valid for employment' or `valid for work only with DHS authorization'). ``(D) Documents establishing identity of individual.--A document described in this subparagraph is an individual's-- ``(i) driver's license or identity card issued by a State, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States that satisfies the requirements of the REAL ID Act of 2005 (division B of Public Law 109-13; 119 Stat. 302); ``(ii) employee identification card issued by a Federal agency or department, including a branch of the Armed Forces, or an agency or department of a State, or a Native American tribal document, provided that such card or document-- ``(I) contains the individual's photograph or information including the individual's name, date of birth, gender, eye color, and address; and ``(II) contains security features to make the card resistant to tampering, counterfeiting, and fraudulent use; or ``(iii) in the case of an individual who is unable to obtain a document described in clause (i) or (ii), a document of personal identity of such other type that-- ``(I) the Secretary determines is a reliable means of identification; ``(II) contains the individual's photograph or information including the individual's name, date of birth, gender, and address; and ``(III) contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use. ``(E) Authority to prohibit use of certain documents.-- ``(i) Authority.--If the Secretary finds that a document or class of documents described in subparagraph (B), (C), or (D) is not reliable to establish identity or eligibility for employment (as the case may be) or is being used fraudulently to an unacceptable degree, the Secretary is authorized to prohibit, or impose conditions, on the use of such document or class of documents for purposes of this subsection. ``(ii) Requirement for publication.--The Secretary shall publish notice of any findings under clause (i) in the Federal Register. ``(2) Attestation of employee.-- ``(A) Requirements.-- ``(i) In general.--The individual shall attest, under penalty of perjury on the form prescribed by the Secretary, that the individual is a national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary to be hired, or to be recruited or referred for a fee, in the United States. ``(ii) Signature for examination.--An attestation required by clause (i) may be manifested by a handwritten or electronic signature. ``(B) Penalties.--An individual who falsely represents that the individual is eligible for employment in the United States in an attestation required by subparagraph (A) shall, for each such violation, be subject to a fine of not more than $5,000, a term of imprisonment not to exceed 3 years, or both. ``(3) Retention of attestation.--An employer shall retain a paper, microfiche, microfilm, or electronic version of an attestation submitted under paragraph (1) or (2) for an individual and make such attestations available for inspection by an officer of the Department of Homeland Security, any other person designated by the Secretary, the Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice, or the Secretary of Labor during a period beginning on the date of the hiring, or recruiting or referring for a fee, of the individual and ending-- ``(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, 7 years after the date of the recruiting or referral; or ``(B) in the case of the hiring of an individual the later of-- ``(i) 7 years after the date of such hiring; ``(ii) 1 year after the date the individual's employment is terminated; or ``(iii) in the case of an employer or class of employers, a period that is less than the applicable period described in clause (i) or (ii) if the Secretary reduces such period for such employer or class of employers. ``(4) Document retention and recordkeeping requirements.-- ``(A) Retention of documents.--An employer shall retain, for the applicable period described in paragraph (3), the following documents: ``(i) In general.--Notwithstanding any other provision of law, the employer shall copy all documents presented by an individual pursuant to this subsection and shall retain paper, microfiche, microfilm, or electronic copies of such documents. Such copies shall be designated as copied documents and reflect the signature of the employer and the individual and the date of receipt of such documents. ``(ii) Use of retained documents.--An employer shall use copies retained under clause (i) only for the purposes of complying with the requirements of this subsection, except as otherwise permitted under law. ``(B) Retention of clarification documents.--The employer shall maintain records of any actions and copies of any correspondence or action taken by the employer to clarify or resolve any issue that raises reasonable doubt as to the validity of the individual's identity or eligibility for employment in the United States. [[Page S2956]] ``(5) Penalties.--An employer that fails to comply with the requirement of this subsection shall be subject to the penalties described in subsection (e)(4)(B). ``(6) No authorization of national identification cards.-- Nothing in this section may be construed to authorize, directly or indirectly, the issuance, use, or establishment of a national identification card. ``(d) Electronic Employment Verification System.-- ``(1) Requirement for system.--The Secretary, in cooperation with the Commissioner of Social Security, shall implement an Electronic Employment Verification System (referred to in this subsection as the `System') as described in this subsection. ``(2) Management of system.-- ``(A) In general.--The Secretary shall, through the System-- ``(i) provide a response to an inquiry made by an employer through the Internet or other electronic media or over a telephone line regarding an individual's identity and eligibility for employment in the United States; ``(ii) establish a set of codes to be provided through the System to verify such identity and authorization; and ``(iii) maintain a record of each such inquiry and the information and codes provided in response to such inquiry. ``(B) Initial response.--Not later than 3 days after an employer submits an inquiry to the System regarding an individual, the Secretary shall provide, through the System, to the employer-- ``(i) if the System is able to confirm the individual's identity and eligibility for employment in the United States, a confirmation notice, including the appropriate codes on such confirmation notice; or ``(ii) if the System is unable to confirm the individual's identity or eligibility for employment in the United States, a tentative nonconfirmation notice, including the appropriate codes for such nonconfirmation notice. ``(C) Verification process in case of a tentative nonconfirmation notice.-- ``(i) In general.--If a tentative nonconfirmation notice is issued under subparagraph (B)(ii), not later than 10 business days after the date an individual submits information to contest such notice under paragraph (7)(C)(ii)(III), the Secretary, through the System, shall issue a final confirmation notice or a final nonconfirmation notice to the employer, including the appropriate codes for such notice. ``(ii) Extension of time.--The Secretary, in consultation with the Commissioner of Social Security, may extend the 10- day period described in clause (i) for no more than 180 days if the information needed to resolve an initial negative response cannot be obtained by or submitted to the Secretary or the Commissioner and verified or entered into the System within such 10-day period. ``(iii) Automatic extension.--If the most recent previous report submitted by the Comptroller General of the United States under paragraph (12) includes an assessment that the System is not able to issue, during a period that averages 10 days or less, a final notice in at least 99 percent of the cases in which the notice relates to an individual who is eligible for employment in the United States, the Secretary shall automatically extend the 10-day period referred to in clause (i) to a period of not less than 180 days. ``(iv) Development of process.--The Secretary shall consult with the Commissioner of Social Security to develop a verification process to be used to provide a final confirmation notice or a final nonconfirmation notice under clause (i). ``(D) Design and operation of system.--The Secretary, in consultation with the Commissioner of Social Security, shall design and operate the System-- ``(i) to maximize reliability and ease of use by employers in a manner that protects and maintains the privacy and security of the information maintained in the System; ``(ii) to respond to each inquiry made by an employer; ``(iii) to track and record any occurrence when the System is inoperable; ``(iv) to include appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; ``(v) to allow for monitoring of the use of the System and provide an audit capability; ``(vi) to have reasonable safeguards, developed in consultation with the Attorney General, to prevent employers from using the System to engage in unlawful discriminatory practices, based on national origin or citizenship status; and ``(vii) to establish a process to allow an individual to verify the individual's employment eligibility prior to obtaining or changing employment to facilitate the updating and correction of information used by the System. ``(E) Responsibilities of the commissioner of social security.--The responsibilities of the Commissioner of Social Security with respect to the System are set out in section 205(c)(2) of the Social Security Act. ``(F) Responsibilities of the secretary.--The Secretary shall establish a reliable, secure method to provide through the System, within the time periods required by subparagraphs (B) and (C)-- ``(i) a determination of whether the name and alien identification or authorization number provided in an inquiry by an employer is consistent with such information maintained by the Secretary in order to confirm the validity of the information provided; ``(ii) a determination of whether such number was issued to the named individual; ``(iii) a determination of whether the individual is authorized to be employed in the United States; and ``(iv) any other related information that the Secretary may require. ``(G) Updating information.--The Secretary shall update the information maintained in the System in a manner that promotes maximum accuracy and shall provide a process for the prompt correction of erroneous information. ``(3) Requirements for participation.--Except as provided in paragraph (4), the Secretary shall require employers to participate in the System as follows: ``(A) Critical employers.--As of the date that is 180 days after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary may require any employer or class of employers to participate in the System with respect to employees hired prior to, on, or after such date of enactment if the Secretary designates such employer or class of employers, in the Secretary's sole and unreviewable discretion, as a critical employer based on critical infrastructure, national security, or homeland security needs. ``(B) Remaining employers.--The Secretary shall require all employers in the United States to participate in the System, with respect to all employees hired by the employer on or after the date that is 18 months after the date that funds are appropriated and made available to the Secretary to implement this subsection. ``(4) Other participation in system.--Notwithstanding paragraph (3), the Secretary has the authority, in the Secretary's sole and unreviewable discretion-- ``(A) to permit any employer that is not required to participate in the System under paragraph (3) to participate in the System on a voluntary basis; and ``(B) to require any employer that is required to participate in the System under paragraph (3) with respect to newly hired employees to participate in the System with respect to all employees hired by the employer prior to, on, or after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, if the Secretary has reasonable causes to believe that the employer has engaged in violations of the immigration laws. ``(5) Requirement to publish.--The Secretary shall publish in the Federal Register the requirements for participation in the System as described in paragraphs (3) and (4) prior to the effective date of such requirements. ``(6) Consequence of failure to participate.--If an employer is required to participate in the System and fails to comply with the requirements of the System with respect to an individual-- ``(A) such failure shall be treated as a violation of subsection (a)(1)(B) of this section with respect to such individual; and ``(B) a rebuttable presumption is created that the employer has violated subsection (a)(1)(A) of this section, however such presumption may not apply to a prosecution under subsection (f)(1). ``(7) System requirements.-- ``(A) In general.--An employer that participates in the System shall, with respect to the hiring, or recruiting or referring for a fee, any individual for employment in the United States, shall-- ``(i) obtain from the individual and record on the form designated by the Secretary-- ``(I) the individual's name and date of birth; ``(II) the individual's social security account number; and ``(III) in the case of an individual who does not attest that the individual is a national of the United States under subsection (c)(2), such alien identification or authorization number that the Secretary shall require; ``(ii) retain the original of such form and make such form available for inspection for the periods and in the manner described in subsection (c)(3). ``(B) Initial inquiry.--The employer shall submit an inquiry through the System to seek confirmation of the individual's identity and eligibility for employment in the United States-- ``(i) not later than 3 working days (or such other reasonable time as may be specified by the Secretary of Homeland Security) after the date of the hiring, or recruiting or referring for a fee, of the individual (as the case may be); or ``(ii) in the case of an employee hired prior to the date of enactment of the Comprehensive Immigration Reform Act of 2006, at such time as the Secretary shall specify. ``(C) Confirmation or nonconfirmation.-- ``(i) Confirmation upon initial inquiry.--If an employer receives a confirmation notice under paragraph (2)(B)(i) for an individual, the employer shall record, on the form specified by the Secretary, the appropriate code provided in such notice. ``(ii) Nonconfirmation and verification.-- ``(I) Nonconfirmation.--If an employer receives a tentative nonconfirmation notice under paragraph (2)(B)(ii) for an individual, the employer shall inform such individual of the issuances of such notice in writing and shall provide the individual with detailed information about the right to contest the tentative nonconfirmation and the procedures [[Page S2957]] established by the Secretary and the Commissioner of Social Security for contesting such nonconfirmation. ``(II) No contest.--If the individual does not contest the tentative nonconfirmation notice under subclause (I) within 10 business days of receiving notice from the individual's employer, the notice shall become final and the employer shall record on the form specified by the Secretary, the appropriate code provided in the nonconfirmation notice. ``(III) Contest.--If the individual contests the tentative nonconfirmation notice under subclause (I), the individual shall submit appropriate information to contest such notice under procedures prescribed by the Secretary, in consultation with the Commissioners of Social Security, not later than 10 business days after receiving the notice from the individual's employer and shall utilize the verification process developed under paragraph (2)(C)(iii). ``(IV) Effective period of tentative nonconfirmation.--A tentative nonconfirmation notice shall remain in effect until such notice becomes final under clause (II) or a final confirmation notice or final nonconfirmation notice is issued by the System. ``(V) Prohibition on termination.--An employer may not terminate the employment of an individual based on a tentative nonconfirmation notice until such notice becomes final under clause (II) or a final nonconfirmation notice is issued for the individual by the System. Nothing in this clause shall apply to a termination of employment for any reason other than such tentative nonconfirmation. ``(VI) Recording of conclusion on form.--If a final confirmation or nonconfirmation is provided by the System regarding an individual, the employer shall record on the form designated by the Secretary the appropriate code that is provided under the System to indicate a confirmation or nonconfirmation of the identity and employment eligibility of the individual. ``(D) Consequences of nonconfirmation.--If the employer has received a final nonconfirmation regarding an individual, the employer shall terminate the employment, recruitment, or referral of the individual. Such employer shall provide to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering the immigration laws. If the employer continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated subsections (a)(1)(A) and (a)(2). Such presumption may not apply to a prosecution under subsection (f)(1). ``(8) Construction.--Nothing in this section shall be construed to limit the right of an individual who claims to be a national of the United States to pursue that claim as provided for in section 360(a). ``(9) Protection from liability.--No employer that participates in the System shall be liable under any law for any employment-related action taken with respect to an individual in good faith reliance on information provided by the System. ``(10) Limitation on use of the system.--Notwithstanding any other provision of law, nothing in this subsection shall be construed to permit or allow any department, bureau, or other agency of the United States to utilize any information, database, or other records used in the System for any purpose other than as provided for under any provision of law. ``(11) Modification authority.--The Secretary, after notice is submitted to Congress and provided to the public in the Federal Register, is authorized to modify the requirements of this subsection with respect to completion of forms, method of storage, attestations, copying of documents, signatures, methods of transmitting information, and other operational and technical aspects to improve the efficiency, accuracy, and security of the System. ``(12) Annual gao study and report.-- ``(A) Requirement.--The Comptroller General of the United States shall conduct an annual study of the System. ``(B) Purpose.--The study shall evaluate the accuracy, integrity, and impact of the System. ``(C) Report.--Not later than 12 months after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, and annually thereafter, the Comptroller General shall submit to Congress a report containing the findings of the study carried out under this paragraph. Such report shall include, at a minimum, the following: ``(i) An assessment of System performance with respect to the rate at which individuals who are eligible for employment in the United States are correctly approved within 10 days, including the assessment described in paragraph (2)(C)(iii). ``(ii) An assessment of the privacy and security of the System and its impact on identity fraud or the misuse of personal data. ``(iii) An assessment of the impact of the System on the employment of unauthorized aliens and employment discrimination based on national origin or citizenship. ``(e) Compliance.-- ``(1) Complaints and investigations.--The Secretary shall establish procedures-- ``(A) for individuals and entities to file complaints regarding potential violations of subsection (a); ``(B) for the investigation of such complaints that the Secretary determines are appropriate to investigate; and ``(C) for the investigation of other violations of subsection (a) that the Secretary determines are appropriate. ``(2) Authority in investigations.-- ``(A) In general.--In conducting investigations and hearings under this subsection, officers and employees of the Department of Homeland Security-- ``(i) shall have reasonable access to examine evidence of any employer being investigated; and ``(ii) if designated by the Secretary, may compel by subpoena the attendance of witnesses and the production of evidence at any designated place in an investigation or case under this subsection. ``(B) Failure to cooperate.--In case of refusal to obey a subpoena lawfully issued under subparagraph (A)(ii), the Secretary may request that the Attorney General apply in an appropriate district court of the United States for an order requiring compliance with such subpoena, and any failure to obey such order may be punished by such court as contempt. ``(C) Department of labor.--The Secretary of Labor shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to ensure compliance with the provisions of this section. ``(3) Compliance procedures.-- ``(A) Prepenalty notice.--If the Secretary has reasonable cause to believe that there has been a violation of a requirement of this section and determines that further proceedings related to such violation are warranted, the Secretary shall issue to the employer concerned a written notice of the Secretary's intention to issue a claim for a fine or other penalty. Such notice shall-- ``(i) describe the violation; ``(ii) specify the laws and regulations allegedly violated; ``(iii) disclose the material facts which establish the alleged violation; and ``(iv) inform such employer that the employer shall have a reasonable opportunity to make representations as to why a claim for a monetary or other penalty should not be imposed. ``(B) Remission or mitigation of penalties.-- ``(i) Petition by employer.--Whenever any employer receives written notice of a fine or other penalty in accordance with subparagraph (A), the employer may file within 30 days from receipt of such notice, with the Secretary a petition for the remission or mitigation of such fine or penalty, or a petition for termination of the proceedings. The petition may include any relevant evidence or proffer of evidence the employer wishes to present, and shall be filed and considered in accordance with procedures to be established by the Secretary. ``(ii) Review by secretary.--If the Secretary finds that such fine or other penalty was incurred erroneously, or finds the existence of such mitigating circumstances as to justify the remission or mitigation of such fine or penalty, the Secretary may remit or mitigate such fine or other penalty on the terms and conditions as the Secretary determines are reasonable and just, or order termination of any proceedings related to the notice. Such mitigating circumstances may include good faith compliance and participation in, or agreement to participate in, the System, if not otherwise required. ``(iii) Applicability.--This subparagraph may not apply to an employer that has or is engaged in a pattern or practice of violations of paragraph (1)(A), (1)(B), or (2) of subsection (a) or of any other requirements of this section. ``(C) Penalty claim.--After considering evidence and representations offered by the employer pursuant to subparagraph (B), the Secretary shall determine whether there was a violation and promptly issue a written final determination setting forth the findings of fact and conclusions of law on which the determination is based and the appropriate penalty. ``(4) Civil penalties.-- ``(A) Hiring or continuing to employ unauthorized aliens.-- Any employer that violates any provision of paragraph (1)(A) or (2) of subsection (a) shall pay civil penalties as follows: ``(i) Pay a civil penalty of not less than $500 and not more than $4,000 for each unauthorized alien with respect to each such violation. ``(ii) If the employer has previously been fined 1 time under this subparagraph, pay a civil penalty of not less than $4,000 and not more than $10,000 for each unauthorized alien with respect to each such violation. ``(iii) If the employer has previously been fined more than 1 time under this subparagraph or has failed to comply with a previously issued and final order related to any such provision, pay a civil penalty of not less than $6,000 and not more than $20,000 for each unauthorized alien with respect to each such violation. ``(B) Recordkeeping or verification practices.--Any employer that violates or fails to comply with the requirements of subsections (c) and (d), shall pay a civil penalty as follows: ``(i) Pay a civil penalty of not less than $200 and not more than $2,000 for each such violation. ``(ii) If the employer has previously been fined 1 time under this subparagraph, pay a civil penalty of not less than $400 and not more than $4,000 for each such violation. [[Page S2958]] ``(iii) If the employer has previously been fined more than 1 time under this subparagraph or has failed to comply with a previously issued and final order related to such requirements, pay a civil penalty of $6,000 for each such violation. ``(C) Other penalties.--Notwithstanding subparagraphs (A) and (B), the Secretary may impose additional penalties for violations, including cease and desist orders, specially designed compliance plans to prevent further violations, suspended fines to take effect in the event of a further violation, and in appropriate cases, the civil penalty described in subsection (g)(2). ``(D) Reduction of penalties.--Notwithstanding subparagraphs (A), (B), and (C), the Secretary is authorized to reduce or mitigate penalties imposed upon employers, based upon factors including the employer's hiring volume, compliance history, good faith implementation of a compliance program, participation in a temporary worker program, and voluntary disclosure of violations of this subsection to the Secretary. ``(E) Adjustment for inflation.--All penalties in this section may be adjusted every 4 years to account for inflation, as provided by law. ``(5) Judicial review.--An employer adversely affected by a final determination may, within 45 days after the date the final determination is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order. The filing of a petition as provided in this paragraph shall stay the Secretary's determination until entry of judgment by the court. The burden shall be on the employer to show that the final determination was not supported by substantial evidence. The Secretary is authorized to require that the petitioner provide, prior to filing for review, security for payment of fines and penalties through bond or other guarantee of payment acceptable to the Secretary. ``(6) Enforcement of orders.--If an employer fails to comply with a final determination issued against that employer under this subsection, and the final determination is not subject to review as provided in paragraph (5), the Attorney General may file suit to enforce compliance with the final determination in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final determination shall not be subject to review. ``(f) Criminal Penalties and Injunctions for Pattern or Practice Violations.-- ``(1) Criminal penalty.--An employer that engages in a pattern or practice of knowing violations of subsection (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than 6 months for the entire pattern or practice, or both. ``(2) Enjoining of pattern or practice violations.--If the Secretary or the Attorney General has reasonable cause to believe that an employer is engaged in a pattern or practice of employment, recruitment, or referral in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the employer, as the Secretary deems necessary. ``(g) Prohibition of Indemnity Bonds.-- ``(1) Prohibition.--It is unlawful for an employer, in the hiring, recruiting, or referring for a fee, of an individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any potential liability arising under this section relating to such hiring, recruiting, or referring of the individual. ``(2) Civil penalty.--Any employer which is determined, after notice and opportunity for mitigation of the monetary penalty under subsection (e), to have violated paragraph (1) of this subsection shall be subject to a civil penalty of $10,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if the employee cannot be located, to the Employer Compliance Fund established under section 286(w). ``(h) Prohibition on Award of Government Contracts, Grants, and Agreements.-- ``(1) Employers with no contracts, grants, or agreements.-- ``(A) In general.--If an employer who does not hold a Federal contract, grant, or cooperative agreement is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, the employer shall be debarred from the receipt of a Federal contract, grant, or cooperative agreement for a period of 2 years. The Secretary or the Attorney General shall advise the Administrator of General Services of such a debarment, and the Administrator of General Services shall list the employer on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs for a period of 2 years. ``(B) Waiver.--The Administrator of General Services, in consultation with the Secretary and the Attorney General, may waive operation of this subsection or may limit the duration or scope of the debarment. ``(2) Employers with contracts, grants, or agreements.-- ``(A) In general.--An employer who holds a Federal contract, grant, or cooperative agreement and is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, shall be debarred from the receipt of Federal contracts, grants, or cooperative agreements for a period of 2 years. ``(B) Notice to agencies.--Prior to debarring the employer under subparagraph (A), the Secretary, in cooperation with the Administrator of General Services, shall advise any agency or department holding a contract, grant, or cooperative agreement with the employer of the Government's intention to debar the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period of 2 years. ``(C) Waiver.--After consideration of the views of any agency or department that holds a contract, grant, or cooperative agreement with the employer, the Secretary may, in lieu of debarring the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period of 2 years, waive operation of this subsection, limit the duration or scope of the debarment, or may refer to an appropriate lead agency the decision of whether to debar the employer, for what duration, and under what scope in accordance with the procedures and standards prescribed by the Federal Acquisition Regulation. However, any proposed debarment predicated on an administrative determination of liability for civil penalty by the Secretary or the Attorney General shall not be reviewable in any debarment proceeding. The decision of whether to debar or take alternate action under this subparagraph shall not be judicially reviewed. ``(3) Suspension.--Indictments for violations of this section or adequate evidence of actions that could form the basis for debarment under this subsection shall be considered a cause for suspension under the procedures and standards for suspension prescribed by the Federal Acquisition Regulation. ``(i) Miscellaneous Provisions.-- ``(1) Documentation.--In providing documentation or endorsement of authorization of aliens (other than aliens lawfully admitted for permanent residence) eligible to be employed in the United States, the Secretary shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement. ``(2) Preemption.--The provisions of this section preempt any State or local law-- ``(A) imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens; or ``(B) requiring as a condition of conducting, continuing, or expanding a business that a business entity-- ``(i) provide, build, fund, or maintain a shelter, structure, or designated area for use by day laborers at or near its place of business; or ``(ii) take other steps that facilitate the employment of day laborers by others. ``(j) Deposit of Amounts Received.--Except as otherwise specified, civil penalties collected under this section shall be deposited by the Secretary into the Employer Compliance Fund established under section 286(w). ``(k) Definitions.--In this section: ``(1) Employer.--The term `employer' means any person or entity, including any entity of the Government of the United States, hiring, recruiting, or referring an individual for employment in the United States. ``(2) Secretary.--Except as otherwise provided, the term `Secretary' means the Secretary of Homeland Security. ``(3) Unauthorized alien.--The term `unauthorized alien' means, with respect to the employment of an alien at a particular time, that the alien is not at that time either-- ``(A) an alien lawfully admitted for permanent residence; or ``(B) authorized to be so employed by this Act or by the Secretary.''. (b) Conforming Amendments.-- (1) Amendments.-- (A) Repeal of basic pilot.--Sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) are repealed. (B) Repeal of reporting requirements.-- (i) Report on earnings of aliens not authorized to work.-- Subsection (c) of section 290 (8 U.S.C. 1360) is repealed. (ii) Report on fraudulent use of social security account numbers.--Subsection (b) of section 414 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1360 note) is repealed. (2) Construction.--Nothing in this subsection or in subsection (d) of section 274A, as amended by subsection (a), may be construed to limit the authority of the Secretary to allow or continue to allow the participation of employers who participated in the basic pilot program under sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) in the Electronic Employment Verification System established pursuant to such subsection (d). (c) Technical Amendments.-- (1) Definition of unauthorized alien.--Sections 218(i)(1) (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) (8 U.S.C. [[Page S2959]] 1324b(a)(1)) are amended by striking ``274A(h)(3)'' and inserting ``274A''. (2) Document requirements.--Section 274B (8 U.S.C. 1324b) is amended-- (A) in subsections (a)(6) and (g)(2)(B), by striking ``274A(b)'' and inserting ``274A(d)''; and (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' and inserting ``274A(d)''. (d) Amendments to the Social Security Act.--Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following new subparagraphs: ``(I)(i) The Commissioner of Social Security shall establish a reliable, secure method to provide through the Electronic Employment Verification System established pursuant to subsection (d) of section 274A of the Immigration and Nationality Act (referred to in this subparagraph as the `System'), within the time periods required by paragraphs (2)(B) and (2)(C) of such subsection-- ``(I) a determination of whether the name and social security account number of an individual provided in an inquiry made to the System by an employer is consistent with such information maintained by the Commissioner in order to confirm the validity of the information provided; ``(II) a determination of whether such social security account number was issued to such individual; ``(III) determination of the citizenship status associated with such name and social security account number, according to the records maintained by the Commissioner; ``(IV) a determination of whether the name and number belongs to an individual who is deceased, according to the records maintained by the Commissioner; ``(V) a determination of whether the name and number is blocked in accordance with clause (ii); and ``(VI) a confirmation notice or a nonconfirmation notice described in such paragraph (2)(B) or (2)(C), in a manner that ensures that other information maintained by the Commissioner is not disclosed or released to employers through the System. ``(ii) The Commissioner of Social Security shall prevent the fraudulent or other misuse of a social security account number by establishing procedures under which an individual who has been assigned a social security account number may block the use of such number under the System and remove such block. ``(J) In assigning social security account numbers to aliens who are authorized to work in the United States under section 218A of the Immigration and Nationality Act, the Commissioner of Social Security shall, to the maximum extent practicable, assign such numbers by employing the enumeration procedure administered jointly by the Commissioner, the Secretary of State, and the Secretary.''. (e) Disclosure of Certain Taxpayer Identity Information.-- (1) In general.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(21) Disclosure of certain taxpayer identity information by social security administration to department of homeland security.-- ``(A) In general.--From taxpayer identity information which has been disclosed to the Social Security Administration and upon written request by the Secretary of Homeland Security, the Commissioner of Social Security shall disclose directly to officers, employees, and contractors of the Department of Homeland Security the following information: ``(i) Disclosure of employer no match notices.--Taxpayer identity information of each person who has filed an information return required by reason of section 6051 who has received written notice from the Commissioner of Social Security during calendar year 2005, 2006, or 2007 that such person reported remuneration on such a return-- ``(I) with more than 100 names and taxpayer identifying numbers of employees (within the meaning of such section) that did not match the records maintained by the Commissioner of Social Security, or ``(II) with more than 10 names of employees (within the meaning of such section) with the same taxpayer identifying number. ``(ii) Disclosure of information regarding use of duplicate employee taxpayer identifying information.--Taxpayer identity information of each person who has filed an information return required by reason of section 6051 which the Commissioner of Social Security has reason to believe is the result of identity fraud due to the use by multiple persons filing such returns of the same taxpayer identifying number (assigned under section 6109) of an employee (within the meaning of section 6051). ``(iii) Disclosure of information regarding nonparticipating employers.--Taxpayer identity information of each person who has filed an information return required by reason of section 6051 and for which the Commissioner of Social Security has reason to believe is not recorded as participating in the Electronic Employment Verification System authorized under section 274A(d) of the Immigration and Nationality Act (hereafter in this paragraph referred to as the `System'). ``(iv) Disclosure of information regarding new employees of nonparticipating employers.--Upon certification by the Secretary of Homeland Security that each person identified by such request based on the records of the Department of Homeland Security is not recorded as participating in the System, taxpayer identity information of all employees (within the meaning of section 6051) of such person hired after the date which such person is required to participate in the System under section 274A(d)(3)(B) of the Immigration and Nationality Act. ``(v) Disclosure of information regarding employees of certain designated employers.--Upon certification by the Secretary of Homeland Security that each person identified by such request based on the records of the Department of Homeland Security is designated by the Secretary of Homeland Security under section 274A(d)(3)(A) of the Immigration and Nationality Act or is required by the Secretary of Homeland Security to participate in the System under section 274A(d)(4)(B) of such Act, taxpayer identity information of all employees (within the meaning of section 6051) of such person. ``(vi) Disclosure of new hire taxpayer identity information.--Taxpayer identity information of each person participating in the System and taxpayer identity information of all employees (within the meaning of section 6051) of such person hired during the period beginning with the later of-- ``(I) the earlier of the date such person volunteers to participate in the System or the date such person is required to participate in the System, or ``(II) the date of the request immediately preceding the most recent request under this clause. ``(B) Restriction on disclosure.--The Commissioner of Social Security shall disclose taxpayer identity information under subparagraph (A) only for purposes of, and to the extent necessary in-- ``(i) establishing and enforcing employer participation in the System, ``(ii) carrying out, including through civil administrative and civil judicial proceedings, of sections 212, 217, 235, 237, 238, 274A, and 274C of the Immigration and Nationality Act, and ``(iii) the civil operation of the Alien Terrorist Removal Court. ``(C) Reimbursement.--The Commissioner of Social Security shall prescribe a reasonable fee schedule for furnishing taxpayer identity information under this paragraph and collect such fees in advance from the Secretary of Homeland Security. ``(D) Termination.--This paragraph shall not apply to any request made after the date which is 3 years after the date of the enactment of this paragraph.''. (2) Compliance by dhs contractors with confidentiality safeguards.-- (A) In general.--Section 6103(p) of such Code is amended by adding at the end the following new paragraph: ``(9) Disclosure to dhs contractors.--Notwithstanding any other provision of this section, no return or return information shall be disclosed to any contractor of the Department of Homeland Security unless such Department, to the satisfaction of the Secretary-- ``(A) has requirements in effect which require each such contractor which would have access to returns or return information to provide safeguards (within the meaning of paragraph (4)) to protect the confidentiality of such returns or return information, ``(B) agrees to conduct an on-site review every 3 years (mid-point review in the case of contracts or agreements of less than 1 year in duration) of each contractor to determine compliance with such requirements, ``(C) submits the findings of the most recent review conducted under subparagraph (B) to the Secretary as part of the report required by paragraph (4)(E), and ``(D) certifies to the Secretary for the most recent annual period that such contractor is in compliance with all such requirements. The certification required by subparagraph (D) shall include the name and address of each contractor, a description of the contract or agreement with such contractor, and the duration of such contract or agreement.''. (3) Conforming amendments.-- (A) Section 6103(a)(3) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. (B) Section 6103(p)(3) of such Code is amended by striking ``or (18)'' and inserting ``(18), or (21)''. (C) Section 6103(p)(4) of such Code is amended-- (i) by striking ``or (17)'' both places it appears and inserting ``(17), or (21)'', and (ii) by striking ``or (20)'' each place it appears and inserting ``(20), or (21)''. (D) Section 6103(p)(8)(B) of such Code is amended by inserting ``or paragraph (9)'' after ``subparagraph (A)''. (E) Section 7213(a)(2) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out the amendments made by this section. (2) Limitation on verification responsibilities of commissioner of social security.--The Commissioner of Social Security is authorized to perform activities with respect to carrying out the Commissioner's responsibilities in this title or the amendments made by this title, but only to the extent the Secretary of Homeland Security has provided, in advance, funds to cover the Commissioner's full costs in carrying out such responsibilities. In no case shall funds [[Page S2960]] from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund be used to carry out such responsibilities. (g) Effective Dates.-- (1) In general.--The amendments made by subsections (a), (b), (c), and (d) shall take effect on the date that is 180 days after the date of the enactment of this Act. (4) Subsection (e).-- (A) In general.--The amendments made by subsection (e) shall apply to disclosures made after the date of the enactment of this Act. (B) Certifications.--The first certification under section 6103(p)(9)(D) of the Internal Revenue Code of 1986, as added by subsection (e)(2), shall be made with respect to calendar year 2007. SEC. 302. EMPLOYER COMPLIANCE FUND. Section 286 (8 U.S.C. 1356) is amended by adding at the end the following new subsection: ``(w) Employer Compliance Fund.-- ``(1) In general.--There is established in the general fund of the Treasury, a separate account, which shall be known as the `Employer Compliance Fund' (referred to in this subsection as the `Fund'). ``(2) Deposits.--There shall be deposited as offsetting receipts into the Fund all civil monetary penalties collected by the Secretary of Homeland Security under section 274A. ``(3) Purpose.--Amounts refunded to the Secretary from the Fund shall be used for the purposes of enhancing and enforcing employer compliance with section 274A. ``(4) Availability of funds.--Amounts deposited into the Fund shall remain available until expended and shall be refunded out of the Fund by the Secretary of the Treasury, at least on a quarterly basis, to the Secretary of Homeland Security.''. SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS. (a) Worksite Enforcement.-- (1) Increase in number of investigators.--The Secretary shall, subject to the availability of appropriations for such purpose, annually increase, by not less than 2,000, the number of positions for investigators dedicated to enforcing compliance with sections 274 and 274A of the Immigration and Nationality Act (8 U.S.C. 1324, and 1324a) during the 5-year period beginning on the date of the enactment of this Act. (2) Use of enforcement personnel.--The Secretary shall ensure that not less than 20 percent of all the hours expended by personnel of the Bureau of Immigration and Customs Enforcement of the Department to enforce the immigration and customs laws shall be used to enforce compliance with section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a), as amended by section 301(a). (b) Fraud Detection.--The Secretary shall, subject to the availability of appropriations for such purpose, increase by not less than 1,000 the number of positions for agents of the Bureau of Immigration and Customs Enforcement dedicated to immigration fraud detection during the 5-year period beginning on the date of the enactment of this Act. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for each of the fiscal years 2007 through 2011 such sums as may be necessary to carry out this section. SEC. 304. CLARIFICATION OF INELIGIBILITY FOR MISREPRESENTATION. Section 212(a)(6)(C)(ii)(I) (8 U.S.C. 1182(a)(6)(C)(ii)(I)), is amended by striking ``citizen'' and inserting ``national''. ______ SA 3362. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: TITLE VII--IMMIGRATION LITIGATION REDUCTION Subtitle A--Appeals and Review SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL. (a) Department of Homeland Security.-- (1) Trial attorneys.--In each of fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations for such purpose, increase the number of positions for attorneys in the Office of General Counsel of the Department who represent the Department in immigration matters by not less than 100 above the number of such positions for which funds were made available during each preceding fiscal year. (2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary for each of fiscal years 2007 through 2011 such sums as may be necessary to carry out this subsection. (b) Department of Justice.-- (1) Litigation attorneys.--In each of fiscal years 2007 through 2011, the Attorney General shall, subject to the availability of appropriations for such purpose, increase by not less than 50 the number of positions for attorneys in the Office of Immigration Litigation of the Department of Justice. (2) United states attorneys.--In each of fiscal years 2007 through 2011, the Attorney General shall, subject to the availability of appropriations for such purpose, increase by not less than 50 the number of attorneys in the United States Attorneys' office to litigate immigration cases in the Federal courts. (3) Immigration judges.--In each of fiscal years 2007 through 2011, the Attorney General shall, subject to the availability of appropriations for such purpose-- (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. (4) Staff attorneys.--In each of fiscal years 2007 through 2011, the Attorney General shall, subject to the availability of appropriations for such purpose-- (A) increase by not less than 10 the number of positions for full-time staff attorneys in the Board of Immigration Appeals compared to the number of such positions for which funds were made available during the preceding fiscal year; and (B) increase by not less than 10 the number of positions for personnel to support the staff attorneys described in subparagraph (A) compared to the number of such positions for which funds were made available during the preceding fiscal year (5) Authorization of appropriations.--There are authorized to be appropriated to the Attorney General for each of the fiscal years 2007 through 2011 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 2007 through 2011, the Director of the Administrative Office of the United States Courts shall, subject to the availability of appropriations, increase by not less than 50 the number of attorneys in the Federal Defenders Program who litigate criminal immigration cases in the Federal courts. Subtitle B--Immigration Review Reform SEC. 711. DIRECTOR OF THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW. Notwithstanding any other provision of law or regulation, the Director of the Executive Office for Immigration Review of the Department of Justice described in section 1003.0 of title 8, Code of Federal Regulations (or any corresponding similar regulation) shall be appointed by the President with the advice and consent of the Senate. SEC. 712. BOARD OF IMMIGRATION APPEALS. (a) Composition and Appointment.--Notwithstanding any other provision of law or regulation, the Board of Immigration Appeals of the Department of Justice described in section 1003.1 of title 8, Code of Federal Regulations (or any corresponding similar regulation) (referred to in this section as the ``Board''), shall be composed of a Chair and 22 other immigration appeals judges, appointed by the Director of the Executive Office for Immigration Review, in consultation with the Attorney General. (b) Term of Appointment.--The term of appointment of each member of the Board shall be 6 years from the date upon which such person was appointed and qualified. Upon the expiration of a term of office, a Board member may continue to act until a successor has been appointed and qualified. (c) Current Members.--Each individual who is serving as a member of the Board on the date of the enactment of this Act shall be appointed to the Board utilizing a system of staggered terms of appointment based on seniority. (d) Qualifications.--Each member of the Board, including the Chair, shall-- (1) be an attorney in good standing of a bar of a State or the District of Columbia; (2) have at least-- (A) 7 years of professional, legal expertise; or (B) 5 years of professional, legal expertise in immigration and nationality law; and (3) meet the minimum qualification requirements of an administrative law judge under title 5, United States Code. (e) Duties of the Chair.--The Chair of the Board, subject to the supervision of the Director, shall-- (1) be responsible, on behalf of the Board, for the administrative operations of the Board and shall have the power to appoint such administrative assistants, attorneys, clerks, and other personnel as may be needed for that purpose; (2) direct, supervise, and establish internal operating procedures and policies of the Board; (3) designate a member of the Board to act as Chair if the Chair is absent or unavailable; (4) adjudicate cases as a member of the Board; (5) form 3-member panels as provided by subsection (i); (6) direct that a case be heard en banc as provided by subsection (j); and (7) exercise such other authorities as the Director may provide. (f) Board Members Duties.--In deciding a case before the Board, the Board-- (1) shall exercise independent judgment and discretion; and (2) may take any action that is appropriate and necessary for the disposition of such case that is consistent with the authority provided in this section and any regulations established in accordance with this section. (g) Jurisdiction.-- [[Page S2961]] (1) In general.--The Board shall have jurisdiction to hear appeals described in section 1003.1(b) of title 8, Code of Federal Regulations (or any corresponding similar regulation). (2) Limitation.--The Board shall not have jurisdiction to hear an appeal of a decision of an immigration judge for an order of removal entered in absentia. (h) Scope of Review.-- (1) Findings or fact.--The Board shall-- (A) accept findings of fact determined by an immigration judge, including findings as to the credibility of testimony, unless the findings are clearly erroneous; and (B) give due deference to an immigration judge's application of the law to the facts. (2) Questions of law.--The Board shall review de novo questions of law, discretion, and judgment, and all other issues in appeals from decisions of immigration judges. (3) Appeals from officers' decisions.--The Board shall review de novo all questions arising in appeals from decisions issued by officers of the Department. (4)(A) Prohibition on fact finding.--Except for taking administrative notice of commonly known facts such as current events or the contents of official documents, the Board may not engage in fact-finding in the course of deciding appeals. (B) Remand.--A party asserting that the Board cannot properly resolve an appeal without further fact-finding shall file a motion for remand. If further fact-finding is needed in a case, the Board shall remand the proceeding to the immigration judge or, as appropriate, to the Secretary. (i) Panels.-- (1) In general.--Except as provided in paragraph (5) all cases shall be subject to review by a 3-member panel. The Chair shall divide the Board into 3-member panels and designate a presiding member. (2) Authority.--Each panel may exercise the appropriate authority of the Board that is necessary for the adjudication of cases before it. (3) Quorum.--Two members appointed to a panel shall constitute a quorum for such panel. (4) Changes in composition.--The Chair may from time to time make changes in the composition of a panel and of the presiding member of a panel. (5) Presiding member decisions.--The presiding member of a panel may act alone on any motion as provided in paragraphs (3) and (4) of subsection (k) and may not otherwise dismiss or determine an appeal as a single Board member. (j) En Banc Process.-- (1) In general.--The Board may on its own motion, by a majority vote of the Board members, or by direction of the Chair-- (A) consider any case as the full Board en banc; or (B) reconsider as the full Board en banc any case that has been considered or decided by a 3-member panel or by a limited en banc panel. (2) Quorum.--A majority of the Board members shall constitute a quorum of the Board sitting en banc. (k) Decisions of the Board.-- (1) Binding decisions.-- (A) In general.--A precedent decision of the Board shall be binding on the Secretary and the immigration judges unless such decision is modified or reversed by the Court of Appeals for the Federal Circuit or by the United States Supreme Court. (B) Appeal by the secretary.--The Secretary, with the concurrence of the Attorney General, may appeal a decision of the Board under this section to the Court of Appeals for the Federal Circuit. (2) Affirmance without opinion.--Upon individualized review of a case, the Board may affirm the decision of an immigration judge without opinion only if-- (A) the decision of the immigration judge resolved all issues in the case; (B) the issue on appeal is squarely controlled by existing Board or Federal court precedent and does not involve the application of precedent to a novel fact situation; (C) the factual and legal questions raised on appeal are so insubstantial that the case does not warrant the issuance of a written opinion in the case; and (D) the Board approves both the result reached in the decision below and all of the reasoning of that decision. (3) Summary dismissal of appeals.--The 3-member panel or the presiding member acting alone may summarily dismiss any appeal or portion of any appeal in any case which-- (A) the party seeking the appeal fails to specify the reasons for the appeal; (B) the only reason for the appeal specified by such party involves a finding of fact or a conclusion of law that was conceded by that party at a prior proceeding; (C) the appeal is from an order that granted such party the relief that had been requested; (D) the appeal is determined to be filed for an improper purpose, such as to cause unnecessary delay; or (E) the appeal lacks an arguable basis in fact or in law and is not supported by a good faith argument for extension, modification, or reversal of existing law. (4) Unopposed dispositions.--The 3-member panel or the presiding member acting alone may-- (A) grant an unopposed motion or a motion to withdraw an appeal pending before the Board; or (B) adjudicate a motion to remand any appeal-- (i) from the decision of an officer of the Department if the appropriate official of the Department requests that the matter be remanded back for further consideration; (ii) if remand is required because of a defective or missing transcript; or (iii) if remand is required for any other procedural or ministerial issue. (5) Notice of right to appeal.--The decision by the Board shall include notice to the alien of the alien's right to file a petition for review in the United States Court of Appeals for the Federal Circuit within 30 days of the date of the decision. SEC. 713. IMMIGRATION JUDGES. (a) Appointment of Chief Immigration Judge.-- Notwithstanding any other provision of law or regulation, the Chief Immigration Judge described in section 1003.9 of title 8, Code of Federal Regulations (or any corresponding similar regulation) shall be appointed by the Director of the Executive Officer for Immigration Review, in consultation with the Attorney General. (b) Appointment of Immigration Judges.-- (1) In general.--Immigration judges shall be appointed by the Director of the Executive Office for Immigration Review, in consultation with the Chief Immigration Judge and the Chair of the Board of Immigration Appeals. (2) Term of appointment.--The term of appointment of each immigration judge shall be 7 years from the date upon which such person was appointed and qualified. Upon the expiration of a term of office, the immigration judge may continue to act until a successor has been appointed and qualified. (3) Current members.--Each individual who is serving as an immigration judge on the date of the enactment of this Act shall be appointed as an immigration judge utilizing a system of staggered terms of appointment based on seniority. (4) Qualifications.--Each immigration judge, including the Chief Immigration Judge, shall be an attorney in good standing of a bar of a State or the District of Columbia and shall have at least 5 years of professional, legal expertise or at least 3 years professional or legal expertise in immigration and nationality law. (c) Jurisdiction.--An Immigration judge shall have the authority to hear matters related to any removal proceeding pursuant to section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) described in section 1240.1(a) of title 8, Code of Federal Regulations (or any corresponding similar regulation). (d) Duties of Immigration Judges.--In deciding a case, an immigration judge-- (1) shall exercise independent judgment and discretion; and (2) may take any action that is appropriate and necessary for the disposition of such case that is consistent with their authorities under this section and regulations established in accordance with this section. (e) Review.--Decisions of immigration judges are subject to review by the Board of Immigration Appeals in any case in which the Board has jurisdiction. SEC. 714. REMOVAL AND REVIEW OF JUDGES. (a) In General.--Immigration judges and members of the Board of Immigration Appeals may be removed from office, subject to review by the Merit Systems Protection Board, only for good cause-- (1) by the Director of the Executive Office for Immigration Review, in consultation with the Chair of the Board, in the case of the removal of a member of the Board; or (2) by the Director, in consultation with the Chief Immigration Judge, in the case of the removal of an immigration judge. (b) Independent Judgment.--No immigration judge or member of the Board may be removed or otherwise subject to disciplinary or adverse action for their exercise of independent judgment and discretion as prescribed by this subtitle. SEC. 715. LEGAL ORIENTATION PROGRAM. (a) Continued Operation.--The Director of the Executive Office for Immigration Review shall continue to operate a legal orientation program to provide basic information about immigration court procedures for immigration detainees and shall expand the legal orientation program to provide such information on a nationwide basis. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out such legal orientation program. SEC. 716. REGULATIONS. Not later than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations to implement this subtitle. ______ SA 3363. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. NUMERICAL LIMITATIONS ON H-2A VISAS. Section 214(g)(1) (8 U.S.C. 1184(g)(1)), as amended by sections 408(g) and 508(c)(1), is further amended-- (1) in subparagraph (A)(ix), by striking ``or'' at the end; [[Page S2962]] (2) in subparagraph (B), by striking ``and'' at the end; (3) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(D) under section 101(a)(15)(H)(ii)(a) may not exceed 90,000.''. ______ SA 3364. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. GRANTS FOR LOCAL PROGRAMS RELATING TO UNDOCUMENTED IMMIGRANTS. (a) Grants Authorized.--The Secretary is authorized to award competitive grants to units of local government for innovative programs that address the increased expenses incurred in responding to the needs of undocumented immigrants. (b) Maximum Amount.--The Secretary may not award a grant under this section to a unit of local government in an amount which exceeds $5,000,000. (c) Use of Grant Funds.--Grants awarded under this section may be used for activities relating to the undocumented immigrant population residing in the locality, including-- (1) law enforcement activities; (2) uncompensated health care; (3) public housing; (4) inmate transportation; and (5) reduction in jail overcrowding. (d) Application.--Each unit of local government desiring 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. (e) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 for each of the fiscal years 2007 through 2011 to carry out this section. ______ SA 3365. Mrs. BOXER submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. SENSE OF THE SENATE REGARDING REIMBURSING STATES FOR THE COSTS OF UNDOCUMENTED IMMIGRANTS. (a) Findings.--The Senate finds the following: (1) It is the obligation of the Federal Government to adequately secure the borders of the United States and prevent the flow of undocumented immigrants into the United States. (2) Despite the fact that, according to the Congressional Research Service, Border Patrol agents apprehend more than 1,000,000 individuals each year trying to illegally enter the United States, the net growth in the number of unauthorized immigrants entering the United States has increased by approximately 500,000 each year. (3) The costs associated with incarcerating undocumented criminal immigrants and providing education and healthcare to undocumented immigrants place a tremendous financial burden on States and local governments. (4) In 2003, States received compensation from the Federal Government, through the State criminal alien assistance program under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)), for incarcerating approximately 74,000 undocumented criminal immigrants. (5) In 2003, 700 local governments received compensation from the Federal Government, through the State criminal alien assistance program, for incarcerating approximately 138,000 undocumented criminal immigrants. (6) It is estimated that Federal Government payments through the State criminal alien assistance program reimburse States and local governments for 25 percent or less of the actual costs of incarcerating the undocumented criminal immigrants. (7) It is estimated that providing kindergarten through grade 12 education to undocumented immigrants costs States more than $8,000,000,000 annually. (8) It is further estimated that more than $1,000,000,000 is spent on healthcare for undocumented immigrants each year. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) States should be fully reimbursed by the Federal Government for the costs associated with providing education and healthcare to undocumented immigrants; and (2) the program authorized under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) should be fully funded, for each of the fiscal years 2007 through 2012, at the levels authorized for such program under section 241(i)(5) of such Act (as amended by section 218(b)(2) of this Act). ______ SA 3366. Mr. REED submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 327, beginning on line 21, strike all through page 328, line 16, and insert the following: ``(c) Spouses and Children and Certain Other Individuals.-- Notwithstanding any other provision of law, the Secretary of Homeland Security shall-- ``(1) adjust the status to that of a conditional nonimmigrant under this section for, or provide a nonimmigrant visa to, the spouse or child of an alien who is provided nonimmigrant status under this section; ``(2) adjust the status to that of a conditional nonimmigrant under this section for an alien who, before January 7, 2004, was the spouse or child of an alien who is provided conditional nonimmigrant status under this section, or is eligible for such status, if-- ``(A) the termination of the qualifying relationship was connected to domestic violence; and ``(B) the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent alien who is provided conditional nonimmigrant status under this section; or ``(3) adjust the status to that of a conditional immigrant under this section for an individual who was present in the United States on January 7, 2004, and is the national of a country designated at that time for protective status pursuant to section 244. ______ SA 3367. Mr. LEVIN (for himself and Ms. Collins) submitted an amendment intended to be proposed to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 32, line 7, before ``The Secretary'' insert the following: ``(a) In General.--''. On page 32, between lines 20 and 21, insert the following: (b) Communication System Grants.-- (1) Definitions.--In this subsection-- (A) the term ``demonstration project'' means the demonstration project established under paragraph (2)(A); and (B) the term ``emergency response provider'' has the meaning given that term in section 2(6) the Homeland Security Act of 2002 (6 U.S.C. 101(6)). (2) In general.-- (A) Establishment.--There is established in the Department an ``International Border Community Interoperable Communications Demonstration Project''. (B) Minimum number of communities.--The Secretary shall select not fewer than 6 communities to participate in a demonstration project. (C) Location of communities.--Not fewer than 3 of the communities selected under subparagraph (B) shall be located on the northern border of the United States and not fewer than 3 of the communities selected under subparagraph (B) shall be located on the southern border of the United States. (3) Project requirements.--The demonstration projects shall-- (A) address the interoperable communications needs of border patrol agents and other Federal officials involved in border security activities, police officers, National Guard personnel, and emergency response providers; (B) foster interoperable communications-- (i) among Federal, State, local, and tribal government agencies in the United States involved in security and response activities along the international land borders of the United States; and (ii) with similar agencies in Canada and Mexico; (C) identify common international cross-border frequencies for communications equipment, including radio or computer messaging equipment; (D) foster the standardization of interoperable communications equipment; (E) identify solutions that will facilitate communications interoperability across national borders expeditiously; (F) ensure that border patrol agents and other Federal officials involved in border security activities, police officers, National Guard personnel, and emergency response providers can communicate with each another and the public at disaster sites or in the event of a terrorist attack or other catastrophic event; (G) provide training and equipment to enable border patrol agents and other Federal officials involved in border security activities, police officers, National Guard personnel, and emergency response providers to deal with threats and contingencies in a variety of environments; and (H) identify and secure appropriate joint-use equipment to ensure communications access. (4) Distribution of funds.-- (A) In general.--The Secretary shall distribute funds under this subsection to each community participating in a demonstration project through the State, or States, in which each community is located. (B) Other participants.--Not later than 60 days after receiving funds under subparagraph (A), a State receiving funds under this subsection shall make the funds available to [[Page S2963]] the local governments and emergency response providers participating in a demonstration project selected by the Secretary. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary in each of fiscal years 2006, 2007, and 2008, to carry out this subsection. (6) Reporting.--Not later than December 31, 2006, and each year thereafter in which funds are appropriated for a demonstration project, the Secretary shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the demonstration projects under this subsection. ______ SA 3368. Mr. COLEMAN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. 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, in consultation with the Secretary of the Department of Homeland Security, shall issue a directive to expand the Justice Prisoner and Alien Transfer System (JPATS) so that such System provides regular daily services with respect to aliens who are illegally present in the United States. Such expansion should include-- (1) increasing and standardizing the daily operations of such System with buses and air hubs in 3 geographic regions; (2) allocating a set number of seats each day 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. ______ SA 3369. Mr. COLEMAN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 332, strike lines 6 through 18, and insert the following: ``(1) Period of authorized stay.--The period of authorized stay for a conditional nonimmigrant described in this section shall be 2 years. The Secretary may extend such period for an unlimited number of 2-year periods if the alien remains eligible for conditional nonimmigrant classification and status under this section. On page 335, between lines 11 and 12, insert the following: ``(h) Prohibition on Adjustment of Status.--An alien granted conditional nonimmigrant work authorization and status under this section and the spouse of such alien are ineligible for any additional adjustment of status. The child of such an alien may be granted a change of status under subtitle C of title VI of the Comprehensive Immigration Reform Act of 2006. Strike section 602. ______ SA 3370. Mr. COLEMAN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. SENSE OF THE SENATE REGARDING THE SECURITY OF THE LAND AND SEA BORDERS OF THE UNITED STATES. It is the sense of the Senate that-- (1) the net growth of 500,000 unauthorized aliens entering the United States each year, and the potential for terrorists to take advantage of the porous borders of the United States, represent a clear and present danger to the national security of the United States; (2) the inability to secure the international borders of the United States has given rise to an immigration crisis that has profound social, legal, and political ramifications; (3) while assessing the identity and location of the estimated 11,000,000 unauthorized aliens currently in the United States, the Federal Government must simultaneously act to secure the borders and prevent further illegal entry; (4) the President of the United States should demonstrate the highest level of commitment to securing the land and sea borders of the United States by using all the resources at the disposal of the President, including-- (A) declaring that a state of emergency exists in States that share an international border with Mexico and Canada until such time as the President determines that-- (i) the additional resources and manpower provided under this Act are deployed; and (ii) there is a significant reduction in the number of illegal aliens entering the United States; (B) immediately deploying the Armed Forces, including the National Guard, to secure those international borders; (C) requiring each Cabinet Secretary to detail the resources and capabilities that their respective Federal agencies have available for use in securing the land and sea borders of the United States; and (D) facilitating the development of a program to enable all willing citizens of the United States to contribute to securing the land and sea borders of the United States; and (5) the President of Mexico should be encouraged to use all authority within the power of the President of Mexico to secure the international border between the United States and Mexico from illegal crossings. ______ SA 3371. Mr. COLEMAN (for himself and Ms. Collins) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the end of title II, add the following: SEC. ___. NORTH AMERICAN TRAVEL CARDS. (a) Findings.--Congress makes the following findings: (1) United States citizens make approximately 130,000,000 land border crossings each year between the United States and Canada and the United States and Mexico, with approximately 23,000,000 individual United States citizens crossing the border annually. (2) Approximately 27 percent of United States citizens possess United States passports. (3) In fiscal year 2005, the Secretary of State issued an estimated 10,100,000 passports, representing an increase of 15 percent from fiscal year 2004. (4) The Secretary of State estimates that 13,000,000 passports will be issued in fiscal year 2006, 16,000,000 passports will be issued in fiscal year 2007, and 17,000,000 passports will be issued in fiscal year 2008. (b) North American Travel Cards.-- (1) Issuance.--In accordance with the Western Hemisphere Travel Initiative carried out pursuant to section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of State, in consultation with the Secretary, shall, not later than December 31, 2007, issue to a citizen of the United States who submits an application in accordance with paragraph (4) a travel document that will serve as a North American travel card. (2) Applicability.--A North American travel card shall be deemed to be a United States passport for the purpose of United States laws and regulations relating to United States passports. (3) Limitation on use.--A North American travel card may only be used for the purpose of international travel by United States citizens through land border ports of entry, including ferries, between the United States and Canada and the United States and Mexico. (4) Application for issuance.--To be issued a North American travel card, a United States citizen shall submit an application to the Secretary of State. The Secretary of State shall require that such application shall contain the same information as is required to determine citizenship, identity, and eligibility for issuance of a United States passport. (5) Technology.-- (A) Expedited traveler programs.--To the maximum extent practicable, a North American travel card shall be designed and produced to provide a platform on which the expedited traveler programs carried out by the Secretary, such as NEXUS, NEXUS AIR, SENTRI, FAST, and Register Traveler may be added. The Secretary of State and the Secretary shall notify Congress not later than July 1, 2007, if the technology to add expedited travel features to the North American travel card is not developed by that date. (B) Technology.--The Secretary of Homeland Security and the Secretary of State shall establish a technology implementation plan that accommodates desired technology requirements of the Department of State and the Department of Homeland Security, allows for future technological innovations, and ensures maximum facilitation at the northern and southern border. (6) Specifications for card.--A North American travel card shall be easily portable and durable. The Secretary of State and the Secretary of Homeland Security shall consult regarding the other technical specifications of the card, including whether the security features of the card could be combined with other existing identity documentation. (7) Fee.--Except as in provided in paragraph (8), an applicant for a North American travel card shall submit an application under paragraph (4) together with a nonrefundable fee in an amount to be determined by the Secretary of State. Fees for a North American travel card shall be deposited as an offsetting collection to the appropriate Department of State appropriation, to remain available until expended. The fee for the North American travel card shall not exceed [[Page S2964]] $20, of which not more than $2 shall be allocated to the United States Postal Service for postage and other application processing functions. Such fee shall be waived for children under 16 years of age. (c) Foreign Cooperation.--In order to maintain and encourage cross-border travel and trade, the Secretary of State and the Secretary of Homeland Security shall use all possible means to coordinate with the appropriate representatives of foreign governments to encourage their citizens and nationals to possess, not later than the date at which the certification required by subsection (j) is made, appropriate documentation to allow such citizens and nationals to cross into the United States. (d) Public Promotion.--The Secretary of State, in consultation with the Secretary of Homeland Security, shall develop and implement an outreach plan to inform United States citizens about the Western Hemisphere Travel Initiative and the North American travel card and to facilitate the acquisition of a passport or North American travel card. Such outreach plan should include-- (1) written notifications posted at or near public facilities, including border crossings, schools, libraries, and United States Post Offices located within 50 miles of the international border between the United States and Canada or the international border between the United States and Mexico; (2) provisions to seek consent to post such notifications on commercial property, such as offices of State departments of motor vehicles, gas stations, supermarkets, convenience stores, hotels, and travel agencies; (3) the establishment of at least 200 new passport acceptance facilities, with emphasis on facilities located near international borders; (4) the collection and analysis of data to measure the success of the public promotion plan; and (5) additional measures as appropriate. (e) Accessibility.--In order to make the North American travel card easily obtainable, an application for a North American travel card shall be accepted in the same manner and at the same locations as an application for a passport. (f) Expedited Travel Programs.--To the maximum extent practicable, the Secretary of Homeland Security shall expand expedited traveler programs carried out by the Secretary to all ports of entry and should encourage citizens of the United States to participate in the preenrollment programs, as such programs assist border control officers of the United States in the fight against terrorism by increasing the number of known travelers crossing the border. The identities of such expedited travelers should be entered into a database of known travelers who have been subjected to in-depth background and watch-list checks to permit border control officers to focus more attention on unknown travelers, potential criminals, and terrorists. (g) Alternative Options.-- (1) In general.--In order to give United States citizens as many secure, low-cost options as possible for travel within the Western Hemisphere, the Secretary of Homeland Security shall continue to pursue additional alternative options, such as NEXUS, to a passport that meet the requirements of section 7209 of the Intelligence Reform and Terrorism Prevent Act (Public Law 108-458; 8 U.S.C. 1185 note). (2) Feasibility study.--Not later than 120 days after the date of enactment of this Act, the Congressional Budget Office shall submit to the Committee on Homeland Security and Government Affairs and the Committee on Foreign Relations of the Senate and the Committee on Homeland Security and the Committee on International Relations of the House of Representatives, a study on the feasibility of incorporating into a driver's license, on a voluntary basis, information about citizenship, in a manner that enables a driver's license which meets the requirements of the REAL ID Act of 2005 (division B of Public Law 109-13) to serve as an acceptable alternative document to meet the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act. Such study shall include a description of how such a program could be implemented, and shall consider any cost advantage of such an approach. (h) Identification Process .--The Secretary of Homeland Security shall have appropriate authority to develop a process to ascertain the identity of and make admissibility determinations for individuals who arrive at the border without proper documentation. (i) Rule of Construction.--Nothing in this section shall be construed as limiting, altering, modifying, or otherwise affecting the validity of a United States passport. A United States citizen may possess a United States passport and a North American travel card. (j) Certification.--Notwithstanding any other provision of law, the Secretary may not implement the plan described in section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) until the date that is 3 months after the Secretary of State and the Secretary of Homeland Security certify to Congress that-- (1) North American travel cards have been distributed to at least 90 percent of the eligible United States citizens who applied for such cards during the 6-month period beginning not earlier than the date the Secretary of State began accepting applications for such cards and ending not earlier than 10 days prior to the date of certification; (2) North American travel cards are provided to applicants, on average, within 4 weeks of application; (3) officers of the Bureau of Customs and Border Protection have received training and been provided the infrastructure necessary to accept North American travel cards at all United States border crossings; (4) the outreach plan described in subsection (d) has been implemented and deemed to have been successful according to collected data; and (5) a successful pilot has demonstrated the effectiveness of the North American travel card program. (k) Reports.-- (1) Reports on the issuance of north american travel cards.--The Secretary of State shall, on a quarterly basis during the first year of issuance of North American travel cards, submit to Congress a report containing information relating to the number of North American travel cards issued during the immediately preceding quarter or year, as appropriate, and the number of United States citizens in each State applying for such cards. (2) Report on private collaboration.--Not later than 6 months after the date of the enactment of this Act, the Secretary of State and the Secretary shall report to Congress on their efforts to solicit policy suggestions and the incorporation of such suggestions into the implementation strategy from the private sector on the implementation of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note). The report should include the private sector's recommendations concerning how air, sea, and land travel between countries in the Western Hemisphere can be improved in a manner that establishes the proper balance between national security, economic well being, and the particular needs of border communities. (l) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out this section. ______ SA 3372. Mrs. CLINTON (for herself, Mr. Obama, and Mrs. Boxer) submitted an amendment intended to be proposed by her to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 245, strike line 4 and insert the following: ``(x) State Impact Assistance Account.-- ``(1) Establishment.--There On page 245, strike line 11 and insert the following: ``218A and 218B. ``(2) Use of fees for grant program.--Amounts deposited in the State Impact Assistance Account under paragraph (1) shall remain available to the Secretary until expended for use for the State Impact Assistance Grant Program established under paragraph (3)(A). ``(3) State impact assistance grant program.-- ``(A) Establishment.--Not later than January 1 of each year beginning after the date of enactment of this subsection, the Secretary, in cooperation with the Secretary of Health and Human Services (referred to in this paragraph as the `Secretary'), shall establish a State Impact Assistance Grant Program, under which the Secretary shall make grants to States for use in accordance with subparagraph (D). ``(B) Available funds.--For each fiscal year beginning after the date of enactment of this subsection, the Secretary shall use \1/2\ of the amounts deposited into the State Impact Assistance Account under paragraph (1) during the preceding fiscal year to provide grants under this paragraph. ``(C) Allocation.--The Secretary shall allocate grants under this paragraph as follows: ``(i) Noncitizen population.-- ``(I) In general.--Subject to subclause (II), 80 percent shall be allocated to States on a pro-rata basis according to the ratio that, based on the most recent year for which data of the Bureau of the Census exists-- ``(aa) the noncitizen population of the State; bears to ``(bb) the noncitizen population of all States. ``(II) Minimum amount.--Notwithstanding the formula under subclause (I), no State shall receive less than $5,000,000 under this clause. ``(ii) High growth rates.--20 percent shall be allocated on a pro-rata basis among the 20 States with the largest growth rate in noncitizen population, as determined by the Secretary, according to the ratio that, based on the most recent year for which data of the Bureau of the Census exists-- ``(I) the growth rate in the noncitizen population of the State during the most recent 3-year period for which data is available; bears to ``(II) the combined growth rate in noncitizen population of the 20 States during the 3-year period described in subclause (I). ``(D) Use of funds.--A State shall use a grant received under this paragraph to return to local governments, organizations, and entities moneys for the costs of providing health services, educational services, and public safety services to noncitizen communities. [[Page S2965]] ``(E) Administration.--A local government, organization, or entity may provide services described in subparagraph (D) directly or pursuant to contracts with the State or another entity, including-- ``(i) a unit of local government; ``(ii) a public health provider, such as a hospital, community health center, or other appropriate entity; ``(iii) a local education agency; and ``(iv) a charitable organization. ``(F) Refusal.-- ``(i) In general.--A State may elect to refuse any grant under this paragraph. ``(ii) Action by secretary.--On receipt of notice of a State of an election under clause (i), the Secretary shall deposit the amount of the grant that would have been provided to the State into the State Impact Assistance Account. ``(G) Reports.-- ``(i) In general.--Not later than March 1 of each year, each State that received a grant under this paragraph during the preceding fiscal year shall submit to the Secretary a report in such manner and containing such information as the Secretary may require, in accordance with clause (ii). ``(ii) Inclusions.--A report under clause (i) shall include a description of-- ``(I) the services provided in the State using the grant; ``(II) the amount of grant funds used to provide each service and the total amount available during the applicable fiscal year from all sources to provide each service; and ``(III) the method by which the services provided using the grant addressed the needs of communities with significant and growing noncitizen populations in the State. ``(H) Collaboration.--In promulgating regulations and issuing guidelines to carry out this paragraph, the Secretary shall collaborate with representatives of State and local governments. ``(I) Effect of paragraph.-- ``(i) Enforcement of federal immigration law.--Nothing in this paragraph authorizes any State or local law enforcement agency or officer to exercise Federal immigration law enforcement authority. ``(ii) State appropriations.--Funds received by a State under this paragraph shall be subject to appropriation by the legislature of the State, in accordance with the terms and conditions described in this paragraph.''. On page 245, line 22, insert ``, to be deposited in the Treasury in accordance with section 286(w)'' after ``Labor''. On page 333, strike lines 9 through 12 and insert the following: ``(4) Collection of fines and fees.--Of the fines and fees collected under this section-- ``(A) 50 percent shall be deposited in the Treasury in accordance with section 286(w); and ``(B) 50 percent shall be deposited in the Treasury in accordance with section 286(x). On page 341, line 17, insert ``, to be deposited in the Treasury in accordance with section 286(w)'' before the period. ______ SA 3373. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 231, strike lines 14 through 18 and insert the following: ``(3) Fee.-- ``(A) In general.--The alien shall pay a $500 visa issuance fee in addition to the cost of processing and adjudicating such application. ``(B) Health and education fee.--Each alien seeking H-2C nonimmigrant status under this section shall submit, in addition to any fees otherwise authorized for processing an application under this section, a health and education fee in the amount of $500, for the alien, and $100 for the spouse and each child accompanying such alien. Notwithstanding subsection (l), the fee collected under this subparagraph shall be deposited in the State Impact Assistance Account established under section 286(x). ``(C) Savings provision.--Nothing in this paragraph shall be construed to affect consular procedures for charging reciprocal fees. On page 245, strike lines 4 through 11 and insert the following: ``(x) State Impact Assistance Account.-- ``(1) Establishment.--There is established in the general fund of the Treasury a separate account, which shall be known as the `State Impact Assistance Account'. ``(2) Source of funds.--Notwithstanding any other provision under this Act, there shall be deposited as offsetting receipts into the account-- ``(A) all family supplemental visa and family supplemental extension of status fees collected under sections 218A and 218B; and ``(B) all supplemental application fees collected under subsections (c)(1)(F)(ii) and (g)(2) of section 218D. ``(3) Use of funds.--Amounts deposited into the State Impact Assistance Account under paragraph (2)(B) shall remain available to the Secretary of Health and Human Services, in consultation with the Secretary of Education, to provide financial assistance to health care providers for health and educational services to aliens granted conditional nonimmigrant status under section 218A. ``(4) State allocations.--The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Secretary of Homeland Security, shall allocate funds among States in proportion to the number of aliens granted conditional nonimmigrant status residing in each State.''. On page 279, line 3, strike ``and'' and all that follows through ``(5)'' and insert the following: (5) provide a minimum level of health care, as determined by the Secretary of Health and Human Services, to nationals of the home country who are participating in a temporary worker program in the United States; and (6) On page 332, strike lines 19 through 24 and insert the following: ``(2) Application fee.-- ``(A) In general.--The Secretary of Homeland Security shall impose a fee for filing an application for a grant of status under this section. Such fee shall be sufficient to cover the administrative and other expenses incurred in connection with the review of such applications. ``(B) Health and education fee.--Each alien seeking conditional nonimmigrant worker authorization and status under this section shall submit, in addition to the fee imposed under subparagraph (A), a health and education fee in the amount of $500, for the alien, and $100, for the spouse and each child accompanying such alien. Notwithstanding paragraph (4), the fee collected under this subparagraph shall be deposited in the State Impact Assistance Account established under section 286(x). ______ SA 3374. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 231, strike lines 14 through 18 and insert the following: ``(3) Fee.-- ``(A) In general.--The alien shall pay a $500 visa issuance fee in addition to the cost of processing and adjudicating such application. ``(B) Health and education fee.--Each alien seeking H-2C nonimmigrant status under this section shall submit, in addition to any fees otherwise authorized for processing an application under this section, a health and education fee in the amount of $500, for the alien, and $100 for the spouse and each child accompanying such alien. Notwithstanding subsection (l), the fee collected under this subparagraph shall be deposited in the State Impact Assistance Account established under section 286(x). ``(C) Savings provision.--Nothing in this paragraph shall be construed to affect consular procedures for charging reciprocal fees. On page 245, strike lines 4 through 11 and insert the following: ``(x) State Impact Assistance Account.-- ``(1) Establishment.--There is established in the general fund of the Treasury a separate account, which shall be known as the `State Impact Assistance Account'. ``(2) Source of funds.--Notwithstanding any other provision under this Act, there shall be deposited as offsetting receipts into the account-- ``(A) all family supplemental visa and family supplemental extension of status fees collected under sections 218A and 218B; and ``(B) all supplemental application fees collected under subsections (c)(1)(F)(ii) and (g)(2) of section 218D. ``(3) Use of funds.--Amounts deposited into the State Impact Assistance Account under paragraph (2)(B) shall remain available to the Secretary of Health and Human Services, in consultation with the Secretary of Education, to provide financial assistance to health care providers for health and educational services to aliens granted conditional nonimmigrant status under section 218A. ``(4) State allocations.--The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Secretary of Homeland Security, shall allocate funds among States in proportion to the number of aliens granted conditional nonimmigrant status residing in each State.''. (6) On page 332, strike lines 19 through 24 and insert the following: ``(2) Application fee.-- ``(A) In general.--The Secretary of Homeland Security shall impose a fee for filing an application for a grant of status under this section. Such fee shall be sufficient to cover the administrative and other expenses incurred in connection with the review of such applications. ``(B) Health and education fee.--Each alien seeking conditional nonimmigrant worker authorization and status under this section shall submit, in addition to the fee imposed under subparagraph (A), a health and education fee in the amount of $500, for the alien, and $100, for the spouse and each child accompanying such alien. Notwithstanding paragraph (4), the fee collected under this subparagraph shall be deposited in the State Impact Assistance Account established under section 286(x). ______ SA 3375. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and [[Page S2966]] for other purposes; which was ordered to lie on the table; as follows: On page 332, strike lines 19 through 24 and insert the following: ``(2) Application fee.-- ``(A) In general.--The Secretary of Homeland Security shall impose a fee for filing an application for a grant of status under this section. Such fee shall be sufficient to cover the administrative and other expenses incurred in connection with the review of such applications. ``(B) Health and education fee.--Each alien seeking conditional nonimmigrant worker authorization and status under this section shall submit, in addition to the fee imposed under subparagraph (A), a health and education fee in the amount of $500, for the alien, and $100, for the spouse and each child accompanying such alien. Notwithstanding paragraph (4), the fee collected under this subparagraph shall be deposited in the State Impact Assistance Account established under section 286(x). ______ SA 3376. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 231, strike lines 14 through 18 and insert the following: ``(3) Fee.-- ``(A) In general.--The alien shall pay a $500 visa issuance fee in addition to the cost of processing and adjudicating such application. ``(B) Health and education fee.--Each alien seeking H-2C nonimmigrant status under this section shall submit, in addition to any fees otherwise authorized for processing an application under this section, a health and education fee in the amount of $500, for the alien, and $100 for the spouse and each child accompanying such alien. Notwithstanding subsection (l), the fee collected under this subparagraph shall be deposited in the State Impact Assistance Account established under section 286(x). ``(C) Savings provision.--Nothing in this paragraph shall be construed to affect consular procedures for charging reciprocal fees. ______ SA 3377. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 245, strike lines 4 through 11 and insert the following: ``(x) State Impact Assistance Account.-- ``(1) Establishment.--There is established in the general fund of the Treasury a separate account, which shall be known as the `State Impact Assistance Account'. ``(2) Source of funds.--Notwithstanding any other provision under this Act, there shall be deposited as offsetting receipts into the account-- ``(A) all family supplemental visa and family supplemental extension of status fees collected under sections 218A and 218B; and ``(B) all supplemental application fees collected under subsections (c)(1)(F)(ii) and (g)(2) of section 218D. ``(3) Use of funds.--Amounts deposited into the State Impact Assistance Account under paragraph (2)(B) shall remain available to the Secretary of Health and Human Services, in consultation with the Secretary of Education, to provide financial assistance to health care providers for health and educational services to aliens granted conditional nonimmigrant status under section 218A. ``(4) State allocations.--The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Secretary of Homeland Security, shall allocate funds among States in proportion to the number of aliens granted conditional nonimmigrant status residing in each State.''. ______ SA 3378. Mr. SANTORUM submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the end of title V, insert the following: SEC. 509. ENGLISH FLUENCY REQUIREMENTS FOR CERTAIN EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION. Section 214(g)(5)(A) (8 U.S.C. 1184(g)(5)(A)) is amended by striking ``entity;'' and inserting ``entity, and has demonstrated a high proficiency in the spoken English language;''. ______ SA 3379. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 279, line 3, strike ``and'' and all that follows through ``(5)'' and insert the following: (5) provide a minimum level of health care, as determined by the Secretary of Health and Human Services, to nationals of the home country who are participating in a temporary worker program in the United States; and (6) ______ SA 3380. Mr. KYL submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 276, between lines 15 and 16, insert the following: ``(A)(i) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; and ``(ii)(I) is 65 years of age or older; ``(II) establishes that the alien's departure from the United States upon the expiration of conditional nonimmigrant status would result in significant hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or ``(III) establishes that the alien's employer has designated the alien as a vital worker because the alien is vital to the operation of an existing and functioning business on the date of such application and-- ``(aa) possesses the ability to operate a highly customized machine used in an inextricable part of the business operation; or ``(bb) possesses a very high degree of skill in manufacturing or agriculture, or creating products for a specific industry, and is recognized as such by well- established trade associations. On page 276, line 5, insert after the word ``visas,'' (when allocations provided for under 203(b)(4))'' ______ SA 3381. Mr. KYL (for himself and Mr. Cornyn) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 276, strike line and all that follows through page 277, line 21. ______ SA 3382. Mr. STEVENS (for himself, Mr. Shelby, Mr. Inouye, and Mrs. Hutchison) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: TITLE__--IMPROVED PUBLIC TRANSPORTATION, RAIL, AND MARITIME SECURITY Subtitle A--Public Transportation Security SEC. _101. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This subtitle may be cited as the ``Public Transportation Terrorism Prevention Act of 2006''. (b) Table of Contents.--The table of contents for this subtitle is as follows: Sec.--101. Short title; table of contents. Sec.--102. Findings and purpose. Sec.--103. Security assessments. Sec.--104. Security assistance grants. Sec.--105. Intelligence sharing. Sec.--106. Research, development, and demonstration grants. Sec.--107. Reporting requirements. Sec.--108. Authorization of appropriations. Sec.--109. Sunset provision. SEC. _102. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) public transportation systems throughout the world have been a primary target of terrorist attacks, causing countless death and injuries; (2) 5,800 public transportation agencies operate in the United States; (3) 14,000,000 people in the United States ride public transportation each work day; (4) safe and secure public transportation systems are essential for the Nation's economy and for significant national and international public events; (5) the Federal Transit Administration has invested $74,900,000,000 since 1992 for construction and improvements to the Nation's public transportation systems; (6) the Federal Government appropriately invested $18,100,000,000 in fiscal years 2002 through 2005 to protect our Nation's aviation system and its 1,800,000 daily passengers; (7) the Federal Government has allocated $250,000,000 in fiscal years 2003 through 2005 to protect public transportation systems in the United States; (8) the Federal Government has invested $7.38 in aviation security improvements per passenger, but only $0.007 in public transportation security improvements per passenger; (9) the Government Accountability Office, the Mineta Institute for Surface Transportation Policy Studies, the American Public Transportation Association, and many transportation experts have reported an urgent need for significant investment in public transportation security improvements; and (10) the Federal Government has a duty to deter and mitigate, to the greatest extent practicable, threats against the Nation's public transportation systems. SEC. _103. SECURITY ASSESSMENTS. (a) Public Transportation Security Assessments.-- (1) Submission.--Not later than 30 days after the date of enactment of this Act, the [[Page S2967]] Federal Transit Administration of the Department of Transportation shall submit all public transportation security assessments and all other relevant information to the Secretary of Homeland Security. (2) Review.--Not later than July 31, 2006, the Secretary of Homeland Security shall review and augment the security assessments received under paragraph (1). (3) Allocations.--The Secretary of Homeland Security shall use the security assessments received under paragraph (1) as the basis for allocating grant funds under section --104, unless the Secretary notifies the Committee on Banking, Housing, and Urban Affairs of the Senate that the Secretary has determined that an adjustment is necessary to respond to an urgent threat or other significant factors. (4) Security improvement priorities.--Not later than September 30, 2006, the Secretary of Homeland Security, after consultation with the management and employee representatives of each public transportation system for which a security assessment has been received under paragraph (1), shall establish security improvement priorities that will be used by public transportation agencies for any funding provided under section --104. (5) Updates.--Not later than July 31, 2007, and annually thereafter, the Secretary of Homeland Security shall-- (A) update the security assessments referred to in this subsection; and (B) conduct security assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack. (b) Use of Security Assessment Information.--The Secretary of Homeland Security shall use the information collected under subsection (a)-- (1) to establish the process for developing security guidelines for public transportation security; and (2) to design a security improvement strategy that-- (A) minimizes terrorist threats to public transportation systems; and (B) maximizes the efforts of public transportation systems to mitigate damage from terrorist attacks. (c) Bus and Rural Public Transportation Systems.--Not later than July 31, 2006, the Secretary of Homeland Security shall conduct security assessments, appropriate to the size and nature of each system, to determine the specific needs of-- (1) local bus-only public transportation systems; and (2) selected public transportation systems that receive funds under section 5311 of title 49, United States Code. SEC. _104. SECURITY ASSISTANCE GRANTS. (a) Capital Security Assistance Program.-- (1) In general.--The Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable capital security improvements based on the priorities established under section --103(a)(4). (2) Allowable use of funds.--Grants awarded under paragraph (1) may be used for-- (A) tunnel protection systems; (B) perimeter protection systems; (C) redundant critical operations control systems; (D) chemical, biological, radiological, or explosive detection systems; (E) surveillance equipment; (F) communications equipment; (G) emergency response equipment; (H) fire suppression and decontamination equipment; (I) global positioning or automated vehicle locator type system equipment; (J) evacuation improvements; and (K) other capital security improvements. (b) Operational Security Assistance Program.-- (1) In general.--The Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable operational security improvements based on the priorities established under section --103(a)(4). (2) Allowable use of funds.--Grants awarded under paragraph (1) may be used for-- (A) security training for public transportation employees, including bus and rail operators, mechanics, customer service, maintenance employees, transit police, and security personnel; (B) live or simulated drills; (C) public awareness campaigns for enhanced public transportation security; (D) canine patrols for chemical, biological, or explosives detection; (E) overtime reimbursement for enhanced security personnel during significant national and international public events, consistent with the priorities established under section -- 103(a)(4); and (F) other appropriate security improvements identified under section--103(a)(4), excluding routine, ongoing personnel costs. (c) Congressional Notification.--Not later than 3 days before the award of any grant under this section, the Secretary of Homeland Security shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate of the intent to award such grant. (d) Public Transportation Agency Responsibilities.--Each public transportation agency that receives a grant under this section shall-- (1) identify a security coordinator to coordinate security improvements; (2) develop a comprehensive plan that demonstrates the agency's capacity for operating and maintaining the equipment purchased under this section; and (3) report annually to the Department of Homeland Security on the use of grant funds received under this section. (e) Return of Misspent Grant Funds.--If the Secretary of Homeland Security determines that a grantee used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States. SEC. _105. INTELLIGENCE SHARING. (a) Intelligence Sharing.--The Secretary of Homeland Security shall ensure that the Department of Transportation receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States. (b) Information Sharing Analysis Center.-- (1) Establishment.--The Secretary of Homeland Security shall provide sufficient financial assistance for the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (referred to in this subsection as the ``ISAC'') established pursuant to Presidential Directive 63, to protect critical infrastructure. (2) Public transportation agency participation.--The Secretary of Homeland Security-- (A) shall require those public transportation agencies that the Secretary determines to be at significant risk of terrorist attack to participate in the ISAC; (B) shall encourage all other public transportation agencies to participate in the ISAC; and (C) shall not charge a fee to any public transportation agency for participating in the ISAC. SEC. _106. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS. (a) Grants Authorized.--The Secretary of Homeland Security, in consultation with the Federal Transit Administration, shall award grants to public or private entities to conduct research into, and demonstrate, technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems. (b) Use of Funds.--Grants awarded under subsection (a) may be used to-- (1) research chemical, biological, radiological, or explosive detection systems that do not significantly impede passenger access; (2) research imaging technologies; (3) conduct product evaluations and testing; and (4) research other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks. (c) Reporting Requirement.--Each entity that receives a grant under this section shall report annually to the Department of Homeland Security on the use of grant funds received under this section. (d) Return of Misspent Grant Funds.--If the Secretary of Homeland Security determines that a grantee used any portion of the grant funds received under this section for a purpose other than the allowable uses specified under subsection (b), the grantee shall return any amount so used to the Treasury of the United States. SEC. _107. REPORTING REQUIREMENTS. (a) Semi-Annual Report to Congress.-- (1) In general.--Not later than March 31 and September 30 of each year, the Secretary of Homeland Security shall submit a report, containing the information described in paragraph (2), to-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Appropriations of the Senate. (2) Contents.--The report submitted under paragraph (1) shall include-- (A) a description of the implementation of the provisions of sections -- 103 through 106; (B) the amount of funds appropriated to carry out the provisions of each of sections -- 103 through 106 that have not been expended or obligated; and (C) the state of public transportation security in the United States. (b) Annual Report to Governors.-- (1) In general.--Not later than March 31 of each year, the Secretary of Homeland Security shall submit a report to the Governor of each State with a public transportation agency that has received a grant under this subtitle. (2) Contents.--The report submitted under paragraph (1) shall specify-- (A) the amount of grant funds distributed to each such public transportation agency; and (B) the use of such grant funds. SEC. _108. AUTHORIZATION OF APPROPRIATIONS. (a) Capital Security Assistance Program.--There are authorized to be appropriated $2,370,000,000 for fiscal year 2007 to carry out the provisions of section --104(a), which shall remain available until expended. (b) Operational Security Assistance Program.--There are authorized to be appropriated to carry out the provisions of section --104(b)-- (1) $534,000,000 for fiscal year 2007; (2) $333,000,000 for fiscal year 2008; and (3) $133,000,000 for fiscal year 2009. [[Page S2968]] (c) Intelligence.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of section --105. (d) Research.--There are authorized to be appropriated $130,000,000 for fiscal year 2007 to carry out the provisions of section --106, which shall remain available until expended. SEC. _109. SUNSET PROVISION. The authority to make grants under this subtitle shall expire on October 1, 2009. Subtitle B--Improved Rail Security SEC. _201. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This subtitle may be cited as the ``Rail Security Act of 2006''. (b) Table of Contents.--The table of contents for this subtitle is as follows: Sec.--201. Short title; table of contents. Sec.--202. Rail transportation security risk assessment. Sec.--203. Systemwide AMTRAK security upgrades. Sec.--204. Fire and life-safety improvements. Sec.--205. Freight and passenger rail security upgrades. Sec.--206. Rail security research and development. Sec.--207. Oversight and grant procedures. Sec.--208. AMTRAK plan to assist families of passengers involved in rail passenger accidents. Sec.--209. Northern border rail passenger report. Sec.--210. Rail worker security training program. Sec.--211. Whistleblower protection program. Sec.--212. High hazard material security threat mitigation plans. Sec.--213. Memorandum of agreement. Sec.--214. Rail security enhancements. Sec.--215. Public awareness. Sec.--216. Railroad high hazard material tracking. Sec.--217. Authorization of appropriations. SEC. _202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT. (a) In General.-- (1) Vulnerability and risk assessment.--The Secretary of Homeland Security shall establish a task force, including the Transportation Security Administration, the Department of Transportation, and other appropriate agencies, to complete a vulnerability and risk assessment of freight and passenger rail transportation (encompassing railroads, as that term is defined in section 20102(1) of title 49, United States Code). The assessment shall include-- (A) a methodology for conducting the risk assessment, including timelines, that addresses how the Department of Homeland Security will work with the entities describe in subsection (b) and make use of existing Federal expertise within the Department of Homeland Security, the Department of Transportation, and other appropriate agencies; (B) identification and evaluation of critical assets and infrastructures; (C) identification of vulnerabilities and risks to those assets and infrastructures; (D) identification of vulnerabilities and risks that are specific to the transportation of hazardous materials via railroad; (E) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment; and (F) an account of actions taken or planned by both public and private entities to address identified rail security issues and assess the effective integration of such actions. (2) Recommendations.--Based on the assessment conducted under paragraph (1), the Secretary, in consultation with the Secretary of Transportation, shall develop prioritized recommendations for improving rail security, including any recommendations the Secretary has for-- (A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Secretary as posing significant rail- related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (C) training appropriate railroad or railroad shipper employees in terrorism prevention, passenger evacuation, and response activities; (D) conducting public outreach campaigns on passenger railroads; (E) deploying surveillance equipment; and (F) identifying the immediate and long-term costs of measures that may be required to address those risks. (3) Plans.--The report required by subsection (c) shall include-- (A) a plan, developed in consultation with the freight and intercity passenger railroads, and State and local governments, for the Federal government to provide increased security support at high or severe threat levels of alert; (B) a plan for coordinating existing and planned rail security initiatives undertaken by the public and private sectors; and (C) a contingency plan, developed in conjunction with freight and intercity and commuter passenger railroads, to ensure the continued movement of freight and passengers in the event of an attack affecting the railroad system, which shall contemplate-- (i) the possibility of rerouting traffic due to the loss of critical infrastructure, such as a bridge, tunnel, yard, or station; and (ii) methods of continuing railroad service in the Northeast Corridor in the event of a commercial power loss, or catastrophe affecting a critical bridge, tunnel, yard, or station. (b) Consultation; Use of Existing Resources.--In carrying out the assessment and developing the recommendations and plans required by subsection (a), the Secretary of Homeland Security shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, first responders, shippers of hazardous materials, public safety officials, and other relevant parties. (c) Report.-- (1) Contents.--Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security a report containing the assessment, prioritized recommendations, and plans required by subsection (a) and an estimate of the cost to implement such recommendations. (2) Format.--The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary. (d) Annual Updates.--The Secretary, in consultation with the Secretary of Transportation, shall update the assessment and recommendations each year and transmit a report, which may be submitted in both classified and redacted formats, to the Committees named in subsection (c)(1), containing the updated assessment and recommendations. (e) Funding.--Out of funds appropriated pursuant to section 114(u) of title 49, United States Code, there shall be made available to the Secretary of Homeland Security to carry out this section $5,000,000 for fiscal year 2007. SEC. _203. SYSTEMWIDE AMTRAK SECURITY UPGRADES. (a) In General.--Subject to subsection (c) the Secretary of Homeland Security, in consultation with the Assistant Secretary of Homeland Security (Transportation Security Administration), is authorized to make grants to Amtrak-- (1) to secure major tunnel access points and ensure tunnel integrity in New York, Baltimore, and Washington, DC; (2) to secure Amtrak trains; (3) to secure Amtrak stations; (4) to obtain a watch list identification system approved by the Secretary; (5) to obtain train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (6) to hire additional police and security officers, including canine units; (7) to expand emergency preparedness efforts; and (8) for employee security training. (b) Conditions.--The Secretary of Transportation shall disburse funds to Amtrak provided under subsection (a) for projects contained in a systemwide security plan approved by the Secretary of Homeland Security. The plan shall include appropriate measures to address security awareness, emergency response, and passenger evacuation training. (c) Equitable Geographic Allocation.--The Secretary shall ensure that, subject to meeting the highest security needs on Amtrak's entire system and consistent with the risk assessment required under section --202, stations and facilities located outside of the Northeast Corridor receive an equitable share of the security funds authorized by this section. (d) Availability of Funds.--Out of funds appropriated pursuant to section 114(u) of title 49, United States Code, there shall be made available to the Secretary of Homeland Security and the Assistant Secretary of Homeland Security (Transportation Security Administration) to carry out this section-- (1) $63,500,000 for fiscal year 2007; (2) $30,000,000 for fiscal year 2008; and (3) $30,000,000 for fiscal year 2009. Amounts appropriated pursuant to this subsection shall remain available until expended. SEC. _204. FIRE AND LIFE-SAFETY IMPROVEMENTS. (a) Life-Safety Needs.--The Secretary of Transportation, in consultation with the Secretary of Homeland Security, is authorized to make grants to Amtrak for the purpose of making fire and life-safety improvements to Amtrak tunnels on the Northeast Corridor in New York, NY, Baltimore, MD, and Washington, DC. (b) Authorization of Appropriations.--Out of funds appropriated pursuant to section --217(b) of this subtitle, there shall be made available to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers-- (A) $190,000,000 for fiscal year 2007; (B) $190,000,000 for fiscal year 2008; and (C) $190,000,000 for fiscal year 2009. [[Page S2969]] (2) For the Baltimore & Potomac tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades-- (A) $19,000,000 for fiscal year 2007; (B) $19,000,000 for fiscal year 2008; and (C) $19,000,000 for fiscal year 2009. (3) For the Washington, DC, Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades-- (A) $13,333,000 for fiscal year 2007; (B) $13,333,000 for fiscal year 2008; and (C) $13,333,000 for fiscal year 2009. (c) Infrastructure Upgrades.--Out of funds appropriated pursuant to section --217(b) of this subtitle, there shall be made available to the Secretary of Transportation for fiscal year 2007 $3,000,000 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels. (d) Availability of Appropriated Funds.--Amounts made available pursuant to this section shall remain available until expended. (e) Plans Required.--The Secretary of Transportation may not make amounts available to Amtrak for obligation or expenditure under subsection (a)-- (1) until Amtrak has submitted to the Secretary, and the Secretary has approved, an engineering and financial plan for such projects; and (2) unless, for each project funded pursuant to this section, the Secretary has approved a project management plan prepared by Amtrak addressing appropriate project budget, construction schedule, recipient staff organization, document control and record keeping, change order procedure, quality control and assurance, periodic plan updates, and periodic status reports. (f) Review of Plans.--The Secretary of Transportation shall complete the review of the plans required by paragraphs (1) and (2) of subsection (e) and approve or disapprove the plans within 45 days after the date on which each such plan is submitted by Amtrak. If the Secretary determines that a plan is incomplete or deficient, the Secretary shall notify Amtrak of the incomplete items or deficiencies and Amtrak shall, within 30 days after receiving the Secretary's notification, submit a modified plan for the Secretary's review. Within 15 days after receiving additional information on items previously included in the plan, and within 45 days after receiving items newly included in a modified plan, the Secretary shall either approve the modified plan, or, if the Secretary finds the plan is still incomplete or deficient, the Secretary shall identify in writing to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security the portions of the plan the Secretary finds incomplete or deficient, approve all other portions of the plan, obligate the funds associated with those other portions, and execute an agreement with Amtrak within 15 days thereafter on a process for resolving the remaining portions of the plan. (g) Financial Contribution From Other Tunnel Users.--The Secretary shall, taking into account the need for the timely completion of all portions of the tunnel projects described in subsection (a)-- (1) consider the extent to which rail carriers other than Amtrak use or plan to use the tunnels; (2) consider the feasibility of seeking a financial contribution from those other rail carriers toward the costs of the projects; and (3) obtain financial contributions or commitments from such other rail carriers at levels reflecting the extent of their use or planned use of the tunnels, if feasible. SEC. _205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES. (a) Security Improvement Grants.--The Secretary of Homeland Security, through the Assistant Secretary of Homeland Security (Transportation Security Administration) and other appropriate agencies, is authorized to make grants to freight railroads, the Alaska Railroad, hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges and research centers, State and local governments (for rail passenger facilities and infrastructure not owned by Amtrak), and, through the Secretary of Transportation, to Amtrak, for full or partial reimbursement of costs incurred in the conduct of activities to prevent or respond to acts of terrorism, sabotage, or other intercity passenger rail and freight rail security vulnerabilities and risks identified under section--202, including-- (1) security and redundancy for critical communications, computer, and train control systems essential for secure rail operations; (2) accommodation of rail cargo or passenger screening equipment at the United States-Mexico border, the United States-Canada border, or other ports of entry; (3) the security of hazardous material transportation by rail; (4) secure intercity passenger rail stations, trains, and infrastructure; (5) structural modification or replacement of rail cars transporting high hazard materials to improve their resistance to acts of terrorism; (6) employee security awareness, preparedness, passenger evacuation, and emergency response training; (7) public security awareness campaigns for passenger train operations; (8) the sharing of intelligence and information about security threats; (9) to obtain train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (10) to hire additional police and security officers, including canine units; and (11) other improvements recommended by the report required by section--202, including infrastructure, facilities, and equipment upgrades. (b) Accountability.--The Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this subtitle and the priorities and other criteria developed by the Secretary. (c) Allocation.--The Secretary shall distribute the funds authorized by this section based on risk and vulnerability as determined under section--202, and shall encourage non- Federal financial participation in awarding grants. With respect to grants for intercity passenger rail security, the Secretary shall also take into account passenger volume and whether a station is used by commuter rail passengers as well as intercity rail passengers. (d) Conditions.--The Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless Amtrak meets the conditions set forth in section--203(b) of this subtitle. (e) Allocation Between Railroads and Others.--Unless as a result of the assessment required by section--202 the Secretary of Homeland Security determines that critical rail transportation security needs require reimbursement in greater amounts to any eligible entity, no grants under this section may be made-- (1) in excess of $45,000,000 to Amtrak; or (2) in excess of $80,000,000 for the purposes described in paragraphs (3) and (5) of subsection (a). (f) Authorization of Appropriations.--Out of funds appropriated pursuant to section 114(u) of title 49, United States Code, there shall be made available to the Secretary of Homeland Security to carry out this section-- (1) $100,000,000 for fiscal year 2007; (2) $100,000,000 for fiscal year 2008; and (3) $100,000,000 for fiscal year 2009. Amounts made available pursuant to this subsection shall remain available until expended. (g) High Hazard Materials Defined.--In this section, the term ``high hazard materials'' means quantities of poison inhalation hazard materials, Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia that the Secretary, in consultation with the Secretary of Transportation, determines pose a security risk. SEC. _206. RAIL SECURITY RESEARCH AND DEVELOPMENT. (a) Establishment of Research and Development Program.--The Secretary of Homeland Security, through the Under Secretary for Science and Technology and the Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with the Secretary of Transportation shall carry out a research and development program for the purpose of improving freight and intercity passenger rail security that may include research and development projects to-- (1) reduce the vulnerability of passenger trains, stations, and equipment to explosives and hazardous chemical, biological, and radioactive substances; (2) test new emergency response techniques and technologies; (3) develop improved freight technologies, including-- (A) technologies for sealing rail cars; (B) automatic inspection of rail cars; (C) communication-based train controls; and (D) emergency response training; (4) test wayside detectors that can detect tampering with railroad equipment; (5) support enhanced security for the transportation of hazardous materials by rail, including-- (A) technologies to detect a breach in a tank car or other rail car used to transport hazardous materials and transmit information about the integrity of cars to the train crew or dispatcher; (B) research to improve tank car integrity, with a focus on tank cars that carry high hazard materials (as defined in section --205(g) of this subtitle; and (C) techniques to transfer hazardous materials from rail cars that are damaged or otherwise represent an unreasonable risk to human life or public safety; and (6) other projects that address vulnerabilities and risks identified under section--202. (b) Coordination With Other Research Initiatives.--The Secretary of Homeland Security shall ensure that the research and development program authorized by this section is coordinated with other research and development initiatives at the Department of Homeland Security and the Department of Transportation. The Secretary shall carry out any research and development project authorized by this section through a reimbursable agreement with the Secretary of Transportation, if the Secretary of Transportation-- (1) is already sponsoring a research and development project in a similar area; or (2) has a unique facility or capability that would be useful in carrying out the project. [[Page S2970]] (c) Grants and Accountability.--To carry out the research and development program, the Secretary may award grants to the entities described in section--205(a) and shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this subtitle and the priorities and other criteria developed by the Secretary. (d) Authorization of Appropriations.--Out of funds appropriated pursuant to section 114(u) of title 49, United States Code, there shall be made available to the Secretary of Homeland Security to carry out this section-- (1) $35,000,000 for fiscal year 2007; (2) $35,000,000 for fiscal year 2008; and (3) $35,000,000 for fiscal year 2009. Amounts made available pursuant to this subsection shall remain available until expended. SEC. _207. OVERSIGHT AND GRANT PROCEDURES. (a) Secretarial Oversight.--The Secretary of Homeland Security may use up to 0.5 percent of amounts made available for capital projects under the Rail Security Act of 2006 to enter into contracts for the review of proposed capital projects and related program management plans and to oversee construction of such projects. (b) Use of Funds.--The Secretary may use amounts available under subsection (a) of this subsection to make contracts to audit and review the safety, procurement, management, and financial compliance of a recipient of amounts under this subtitle. (c) Procedures for Grant Award.--The Secretary shall, within 90 days after the date of enactment of this Act, prescribe procedures and schedules for the awarding of grants under this subtitle, including application and qualification procedures (including a requirement that the applicant have a security plan), and a record of decision on applicant eligibility. The procedures shall include the execution of a grant agreement between the grant recipient and the Secretary and shall be consistent, to the extent practicable, with the grant procedures established under section 70107 of title 46, United States Code. SEC. _208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. (a) In General.--Chapter 243 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 24316. Plans to address needs of families of passengers involved in rail passenger accidents ``(a) Submission of Plan.--Not later than 6 months after the date of the enactment of the Rail Security Act of 2006, Amtrak shall submit to the Chairman of the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving an Amtrak intercity train and resulting in a loss of life. ``(b) Contents of Plans.--The plan to be submitted by Amtrak under subsection (a) shall include, at a minimum, the following: ``(1) A process by which Amtrak will maintain and provide to the National Transportation Safety Board and the Secretary of Transportation, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for Amtrak to use reasonable efforts to ascertain the number and names of passengers aboard a train involved in an accident. ``(2) A plan for creating and publicizing a reliable, toll- free telephone number within 4 hours after such an accident occurs, and for providing staff, to handle calls from the families of the passengers. ``(3) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, by suitably trained individuals. ``(4) A process for providing the notice described in paragraph (2) to the family of a passenger as soon as Amtrak has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified). ``(5) A process by which the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within Amtrak's control; that any possession of the passenger within Amtrak's control will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation; and that any unclaimed possession of a passenger within Amtrak's control will be retained by the rail passenger carrier for at least 18 months. ``(6) A process by which the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. ``(7) An assurance that Amtrak will provide adequate training to its employees and agents to meet the needs of survivors and family members following an accident. ``(c) Use of Information.--The National Transportation Safety Board, the Secretary of Transportation, and Amtrak may not release any personal information on a list obtained under subsection (b)(1) but may provide information on the list about a passenger to the family of the passenger to the extent that the Board or Amtrak considers appropriate. ``(d) Limitation on Liability.--Amtrak shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of Amtrak in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by Amtrak under subsection (b), unless such liability was caused by Amtrak's conduct. ``(e) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that Amtrak may take, or the obligations that Amtrak may have, in providing assistance to the families of passengers involved in a rail passenger accident. ``(f) Funding.--Out of funds appropriated pursuant to section --217(b) of the Rail Security Act of 2006, there shall be made available to the Secretary of Transportation for the use of Amtrak $500,000 for fiscal year 2007 to carry out this section. Amounts made available pursuant to this subsection shall remain available until expended.''. (b) Conforming Amendment.--The chapter analysis for chapter 243 of title 49, United States Code, is amended by adding at the end the following: ``24316. Plan to assist families of passengers involved in rail passenger accidents.''. SEC. _209. NORTHERN BORDER RAIL PASSENGER REPORT. Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Assistant Secretary of Homeland Security (Transportation Security Administration), the Secretary of Transportation, heads of other appropriate Federal departments, and agencies and the National Railroad Passenger Corporation, shall transmit a report to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security that contains-- (1) a description of the current system for screening passengers and baggage on passenger rail service between the United States and Canada; (2) an assessment of the current program to provide preclearance of airline passengers between the United States and Canada as outlined in ``The Agreement on Air Transport Preclearance between the Government of Canada and the Government of the United States of America'', dated January 18, 2001; (3) an assessment of the current program to provide preclearance of freight railroad traffic between the United States and Canada as outlined in the ``Declaration of Principle for the Improved Security of Rail Shipments by Canadian National Railway and Canadian Pacific Railway from Canada to the United States'', dated April 2, 2003; (4) information on progress by the Department of Homeland Security and other Federal agencies towards finalizing a bilateral protocol with Canada that would provide for preclearance of passengers on trains operating between the United States and Canada; (5) a description of legislative, regulatory, budgetary, or policy barriers within the United States Government to providing pre-screened passenger lists for rail passengers traveling between the United States and Canada to the Department of Homeland Security; (6) a description of the position of the Government of Canada and relevant Canadian agencies with respect to preclearance of such passengers; (7) a draft of any changes in existing Federal law necessary to provide for pre-screening of such passengers and providing pre-screened passenger lists to the Department of Homeland Security; and (8) an analysis of the feasibility of reinstating in- transit inspections onboard international Amtrak trains. SEC. _210. RAIL WORKER SECURITY TRAINING PROGRAM. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Transportation, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. The guidance shall take into consideration any current security training requirements or best practices. (b) Program Elements.--The guidance developed under subsection (a) shall include elements, as appropriate to passenger and freight rail service, that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew communication and coordination. (3) Appropriate responses to defend or protect oneself. (4) Use of protective devices. (5) Evacuation procedures. (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Situational training exercises regarding various threat conditions. (8) Any other subject the Secretary considers appropriate. [[Page S2971]] (c) Railroad Carrier Programs.--Not later than 90 days after the Secretary of Homeland Security issues guidance under subsection (a) in final form, each railroad carrier shall develop a rail worker security training program in accordance with that guidance and submit it to the Secretary for review. Not later than 30 days after receiving a railroad carrier's program under this subsection, the Secretary shall review the program and transmit comments to the railroad carrier concerning any revisions the Secretary considers necessary for the program to meet the guidance requirements. A railroad carrier shall respond to the Secretary's comments within 30 days after receiving them. (d) Training.--Not later than 1 year after the Secretary reviews the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all front-line workers in accordance with that program. The Secretary shall review implementation of the training program of a representative sample of railroad carriers and report to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security on the number of reviews conducted and the results. The Secretary may submit the report in both classified and redacted formats as necessary. (e) Updates.--The Secretary shall update the training guidance issued under subsection (a) as appropriate to reflect new or different security threats. Railroad carriers shall revise their programs accordingly and provide additional training to their front-line workers within a reasonable time after the guidance is updated. (f) Front-Line Workers Defined.--In this section, the term ``front-line workers'' means security personnel, dispatchers, train operators, other onboard employees, maintenance and maintenance support personnel, bridge tenders, as well as other appropriate employees of railroad carriers, as defined by the Secretary. (g) Other Employees.--The Secretary of Homeland Security shall issue guidance and best practices for a rail shipper employee security program containing the elements listed under subsection (b) as appropriate. SEC. _211. WHISTLEBLOWER PROTECTION PROGRAM. (a) In General.--Subchapter A of chapter 201 of title 49, United States Code, is amended by inserting after section 20117 the following: ``Sec. 20118. Whistleblower protection for rail security matters ``(a) Discrimination Against Employee.--No rail carrier engaged in interstate or foreign commerce may discharge a railroad employee or otherwise discriminate against a railroad employee because the employee (or any person acting pursuant to a request of the employee)-- ``(1) provided, caused to be provided, or is about to provide or cause to be provided, to the employer or the Federal Government information relating to a reasonably perceived threat, in good faith, to security; or ``(2) provided, caused to be provided, or is about to provide or cause to be provided, testimony before Congress or at any Federal or State proceeding regarding a reasonably perceived threat, in good faith, to security; or ``(3) refused to violate or assist in the violation of any law, rule or regulation related to rail security. ``(b) Dispute Resolution.--A dispute, grievance, or claim arising under this section is subject to resolution under section 3 of the Railway Labor Act (45 U.S.C. 153). In a proceeding by the National Railroad Adjustment Board, a division or delegate of the Board, or another board of adjustment established under section 3 to resolve the dispute, grievance, or claim the proceeding shall be expedited and the dispute, grievance, or claim shall be resolved not later than 180 days after it is filed. If the violation is a form of discrimination that does not involve discharge, suspension, or another action affecting pay, and no other remedy is available under this subsection, the Board, division, delegate, or other board of adjustment may award the employee reasonable damages, including punitive damages, of not more than $20,000. ``(c) Procedural Requirements.--Except as provided in subsection (b), the procedure set forth in section 42121(b)(2)(B) of this title, including the burdens of proof, applies to any complaint brought under this section. ``(d) Election of Remedies.--An employee of a railroad carrier may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the carrier. ``(e) Disclosure of Identity.-- ``(1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation may not disclose the name of an employee of a railroad carrier who has provided information about an alleged violation of this section. ``(2) The Secretary shall disclose to the Attorney General the name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for enforcement.''. (b) Conforming Amendment.--The chapter analysis for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20117 the following: ``20118. Whistleblower protection for rail security matters.''. SEC. _212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION PLANS. (a) In General.--The Secretary of Homeland Security, in consultation with the Assistant Secretary of Homeland Security (Transportation Security Administration) and the Secretary of Transportation, shall require rail carriers transporting a high hazard material, as defined in section -- 205(g) of this subtitle and of a quantity equal or exceeding the quantities of such material listed in subpart 172.800, title 49, Federal Code of Regulations, to develop a high hazard material security threat mitigation plan containing appropriate measures, including alternative routing and temporary shipment suspension options, to address assessed risks to high consequence targets. The plan, and any information submitted to the Secretary under this section shall be protected as sensitive security information under the regulations prescribed under section 114(s) of title 49, United States Code. (b) Implementation.--A high hazard material security threat mitigation plan shall be put into effect by a rail carrier for the shipment of high hazardous materials by rail on the rail carrier's right-of-way when the threat levels of the Homeland Security Advisory System are high or severe and specific intelligence of probable or imminent threat exists towards-- (1) a high-consequence target that is within the catastrophic impact zone of a railroad right-of-way used to transport high hazardous material; or (2) rail infrastructure or operations within the immediate vicinity of a high-consequence target. (c) Completion and Review of Plans.-- (1) Plans required.--Each rail carrier shall-- (A) submit a list of routes used to transport high hazard materials to the Secretary of Homeland Security within 60 days after the date of enactment of this Act; (B) develop and submit a high hazard material security threat mitigation plan to the Secretary within 180 days after it receives the notice of high consequence targets on such routes by the Secretary; and (C) submit any subsequent revisions to the plan to the Secretary within 30 days after making the revisions. (2) Review and updates.--The Secretary, with assistance of the Secretary of Transportation, shall review the plans and transmit comments to the railroad carrier concerning any revisions the Secretary considers necessary. A railroad carrier shall respond to the Secretary's comments within 30 days after receiving them. Each rail carrier shall update and resubmit its plan for review not less than every 2 years. (d) Definitions.--In this section: (1) The term ``high-consequence target'' means a building, buildings, infrastructure, public space, or natural resource designated by the Secretary of Homeland Security that is viable terrorist target of national significance, the attack of which could result in-- (A) catastrophic loss of life; and (B) significantly damaged national security and defense capabilities; or (C) national economic harm. (2) The term ``catastrophic impact zone'' means the area immediately adjacent to, under, or above an active railroad right-of-way used to ship high hazard materials in which the potential release or explosion of the high hazard material being transported would likely cause-- (A) loss of life; or (B) significant damage to property or structures. (3) The term ``rail carrier'' has the meaning given that term by section 10102(5) of title 49, United States Code. SEC. _213. MEMORANDUM OF AGREEMENT. (a) Memorandum of Agreement.--Similar to the public transportation security annex between the two departments signed on September 8, 2005, within 1 year after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall execute and develop an annex to the memorandum of agreement between the two departments signed on September 28, 2004, governing the specific roles, delineations of responsibilities, resources and commitments of the Department of Transportation and the Department of Homeland Security, respectively, in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort. (b) Rail Safety Regulations.--Section 20103(a) of title 49, United States Code, is amended by striking ``safety'' the first place it appears, and inserting ``safety, including security,''. SEC. _214. RAIL SECURITY ENHANCEMENTS. (a) Rail Police Officers.--Section 28101 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``Under''; and (2) by striking ``the rail carrier'' each place it appears and inserting ``any rail carrier''. (b) Review of Rail Regulations.--Within 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security and the Assistant Secretary of Homeland Security (Transportation Security Administration), shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail security. [[Page S2972]] SEC. _215. PUBLIC AWARENESS. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad system security. Such plan shall also provide outreach to railroad carriers and their employees to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve railroad security. Not later than 9 months after the date of enactment of this Act, the Secretary of Homeland Security shall implement the plan developed under this section. SEC. _216. RAILROAD HIGH HAZARD MATERIAL TRACKING. (a) Wireless Communications.-- (1) In general.--In conjunction with the research and development program established under section--206 and consistent with the results of research relating to wireless tracking technologies, the Secretary of Homeland Security, in consultation with the Assistant Secretary of Homeland Security (Transportation Security Administration), shall develop a program that will encourage the equipping of rail cars transporting high hazard materials (as defined in section --205(g) of this subtitle) in quantities equal to or greater than the quantities specified in subpart 171.800 of title 49, Code of Federal Regulations, with wireless terrestrial or satellite communications technology that provides-- (A) car position location and tracking capabilities; (B) notification of rail car depressurization, breach, or unsafe temperature; and (C) notification of hazardous material release. (2) Coordination.--In developing the program required by paragraph (1), the Secretary shall-- (A) consult with the Secretary of Transportation to coordinate the program with any ongoing or planned efforts for rail car tracking at the Department of Transportation; and (B) ensure that the program is consistent with recommendations and findings of the Department of Homeland Security's hazardous material tank rail car tracking pilot programs. (b) Funding.--Out of funds appropriated pursuant to section 114(u) of title 49, United States Code, there shall be made available to the Secretary of Homeland Security to carry out this section $3,000,000 for each of fiscal years 2007, 2008, and 2009. SEC. _217. AUTHORIZATION OF APPROPRIATIONS. (a) Transportation Security Administration Authorization.-- Section 114 of title 49, United States Code, is amended by adding at the end thereof the following: ``(u) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security, (Transportation Security Administration) for rail security-- ``(1) $206,500,000 for fiscal year 2007; ``(2) $168,000,000 for fiscal year 2008; and ``(3) $168,000,000 for fiscal year 2009.''. (b) Department of Transportation.--There are authorized to be appropriated to the Secretary of Transportation to carry out this subtitle and sections 20118 and 24316 of title 49, United States Code, as added by this subtitle-- (1) $225,000,000 for fiscal year 2007; (2) $223,000,000 for fiscal year 2008; and (3) $223,000,000 for fiscal year 2009. Subtitle C--Improved Maritime Security SEC. _301. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This subtitle may be cited as the ``Maritime Security Act of 2006''. (b) Table of Contents.--The table of contents for this subtitle is as follows: Sec.--301. Short title; table of contents. Sec.--302. Establishment of additional interagency operational centers for port security. Sec.--303. Area maritime transportation security plan to include salvage response plan. Sec.--304. Post-incident resumption of trade. Sec.--305. Assistance for foreign ports. Sec.--306. Improved data for targeted cargo searches. Sec.--307. Technical requirements for non-intrusive inspection equipment. Sec.--308. Random inspection of containers. Sec.--309. Cargo security. Sec.--310. Secure systems of international intermodal transportation. Sec.--311. Port security user fee study. Sec.--312. Deadline for transportation security cards. Sec.--313. Port security grants. Sec.--314. Customs-trade partnership against terrorism security validation program. Sec.--315. Work stoppages and employee-employer disputes. Sec.--316. Appeal of denial of waiver for transportation security card. Sec.--317. Inspection of car ferries entering from Canada. SEC. _302. ESTABLISHMENT OF ADDITIONAL INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY. (a) In General.--In order to improve interagency cooperation, unity of command, and the sharing of intelligence information in a common mission to provide greater protection for port and intermodal transportation systems against acts of terrorism, the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, shall establish interagency operational centers for port security at all high priority ports. (b) Characteristics.--The interagency operational centers shall-- (1) be based on the most appropriate compositional and operational characteristics of the pilot project interagency operational centers for port security in Miami, Florida, Norfolk/Hampton Roads, Virginia, Charleston, South Carolina, and San Diego, California; (2) be adapted to meet the security needs, requirements, and resources of the individual port area at which each is operating; (3) provide for participation by representatives of the United States Customs and Border Protection, the Transportation Security Administration, the Department of Defense, and other Federal agencies, as determined to be appropriate by the Secretary of Homeland Security, and State and local law enforcement or port security agencies and personnel; and (4) be incorporated in the implementation of-- (A) maritime transportation security plans developed under section 70103 of title 46, United States Code; (B) maritime intelligence activities under section 70113 of that title; (C) short and long range vessel tracking under sections 70114 and 70115 of that title; (D) secure transportation systems under section 70116 of that title; (E) the United States Customs and Border Protection's screening and high-risk cargo inspection programs; and (F) the transportation security incident response plans required by section 70104 of that title. (c) 2005 Act Report Requirement.--Nothing in this section relieves the Commandant of the Coast Guard from compliance with the requirements of section 807 of the Coast Guard and Maritime Transportation Act of 2004. The Commandant shall utilize the information developed in making the report required by that section in carrying out the requirements of this section. (d) Budget and Cost-Sharing Analysis.--Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security a proposed budget analysis for implementing subsection (a), including cost-sharing arrangements with other Federal departments and agencies involved in the interagency operation of the centers. SEC. _303. AREA MARITIME TRANSPORTATION SECURITY PLAN TO INCLUDE SALVAGE RESPONSE PLAN. Section 70103(b)(2) of title 46, United States Code, is amended-- (1) by striking ``and'' after the semicolon in subparagraph (E); (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: ``(F) include a salvage response plan-- ``(i) to identify salvage equipment capable of restoring operational trade capacity; and ``(ii) to ensure that the flow of cargo through United States ports is re-established as efficiently and quickly as possible after a transportation security incident.''. SEC. _304. POST-INCIDENT RESUMPTION OF TRADE. Section 70103(a)(2)(J) of title 46, United States Code, is amended by inserting after ``incident.'' the following: ``The plan shall provide, to the extent practicable, preference in the reestablishment of the flow of cargo through United States ports after a transportation security incident to-- ``(i) vessels that have a vessel security plan approved under subsection (c); ``(ii) vessels manned by individuals who are described in section 70105(b)(2)(B) and who have undergone a background records check under section 70105(d) or who hold transportation security cards issued under section 70105; and ``(iii) vessels on which all the cargo has undergone screening and inspection under standards and procedures established under section 70116(b)(2) of this title.''. SEC. _305. ASSISTANCE FOR FOREIGN PORTS. (a) In General.--Section 70109 of title 46, United States Code, is amended-- (1) by striking the section heading and inserting the following: ``Sec. 70109. International cooperation and coordination'' ; and (2) by adding at the end the following: ``(c) Foreign Assistance Programs.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Transportation, the Secretary of State, the Secretary of Energy, and the Commandant of the United States Coast Guard, shall identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries. The Secretary shall establish a program to utilize those programs that are capable of implementing port security antiterrorism measures at ports in foreign countries that the Secretary finds, under section 70108, to lack effective antiterrorism measures. ``(2) Caribbean basin.--The Secretary, in coordination with the Secretary of State and in consultation with the Organization of [[Page S2973]] American States and the Commandant of the United States Coast Guard, shall place particular emphasis on utilizing programs to facilitate the implementation of port security antiterrorism measures at the ports located in the Caribbean Basin, as such ports pose unique security and safety threats to the United States due to-- ``(A) the strategic location of such ports between South America and United States; ``(B) the relative openness of such ports; and ``(C) the significant number of shipments of narcotics to the United States that are moved through such ports. ``(d) International Cargo Security Standards.--The Secretary of State, in consultation with the Secretary acting through the Commissioner of Customs and Border Protection, shall enter into negotiations with foreign governments and international organizations, including the International Maritime Organization, the World Customs Organization, the International Labor Organization, and the International Standards Organization, as appropriate-- ``(1) to promote standards for the security of containers and other cargo moving within the international supply chain; ``(2) to encourage compliance with minimum technical requirements for the capabilities of nonintrusive inspection equipment, including imaging and radiation detection devices, established under section --306 of the Maritime Security Act of 2006; ``(3) to implement the requirements of the container security initiative under section 70121; and ``(4) to implement standards and procedures established under section 70116.''. (b) Report on Security at Ports in the Caribbean Basin.-- Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security a report on the security of ports in the Caribbean Basin. The report-- (1) shall include-- (A) an assessment of the effectiveness of the measures employed to improve security at ports in the Caribbean Basin and recommendations for any additional measures to improve such security; (B) an estimate of the number of ports in the Caribbean Basin that will not be secured by January 1, 2007, and an estimate of the financial impact in the United States of any action taken pursuant to section 70110 of title 46, United States Code, that affects trade between such ports and the United States; and (C) an assessment of the additional resources and program changes that are necessary to maximize security at ports in the Caribbean Basin; and (2) may be submitted in both classified and redacted formats. (c) Conforming Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the item relating to section 70901 and inserting the following: ``70901. International cooperation and coordination''. SEC. _306. IMPROVED DATA FOR TARGETED CARGO SEARCHES. (a) In General.--In order to provide the best possible data for the automated targeting system developed and operated by United States Customs and Border Protection under section 70116(b)(1) of title 46, United States Code, that identifies high-risk cargo for inspection before it is loaded in a foreign port for shipment to the United States, the Secretary of Homeland Security, acting through the Commissioner of Customs and Border Protection, shall require importers shipping goods to the United States via cargo container to supply entry data not later than 24 hours before loading a container under the advance notification requirements under section 484(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)). (b) Deadline.--The requirement imposed under subsection (a) shall apply to goods entered after July 1, 2006. (c) Authorization of Appropriations.-- (1) There are authorized to be appropriated to the Secretary of Homeland Security to carry out the automated targeting system program to identify high-risk oceanborne container cargo for inspection-- (A) $30,700,000 for fiscal year 2007; (B) $33,200,000 for fiscal year 2008; and (C) $35,700,000 for fiscal year 2009. (2) The amounts authorized by this subsection shall be in addition to any other amounts authorized to be appropriated to carry out that program. SEC. _307. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE INSPECTION EQUIPMENT. Within 2 years after the date of enactment of this Act, the Commissioner of Customs and Border Protection, in consultation with the National Institute of Science and Technology, shall initiate a rulemaking to establish minimum technical requirements for the capabilities of nonintrusive inspection equipment, including imaging and radiation detection devices, that help ensure that all equipment used can detect risks and threats as determined appropriate by the Secretary, while considering the need not to endorse specific companies or to create sovereignty conflicts with participating countries. SEC. _308. RANDOM INSPECTION OF CONTAINERS. Within 1 year after the date of enactment of this Act, the Commissioner of Customs and Border Protection shall develop and implement a plan, utilizing best practices for empirical scientific research design and random sampling standards for random physical inspection of shipping containers in addition to any targeted or pre-shipment inspection of such containers required by law or regulation or conducted under any other program conducted by the Commissioner. Nothing in this section shall be construed to mean that implementation of the random sampling plan would preclude the additional physical inspection of shipping containers not inspected pursuant to the plan. SEC. _309. CARGO SECURITY. (a) In General.--Chapter 701 of title 46, United States Code, is amended-- (1) by redesignating the second section 70118 (relating to withholding of clearance), as added by section 802(a)(2) of the Coast Guard and Maritime Transportation Act of 2004, as section 70119; (2) by redesignating the first section 70119 (relating to enforcement by State and local officers), as added by section 801(a) of the Coast Guard and Maritime Transportation Act of 2004, as section 70120; (3) by redesignating the second section 70119 (relating to civil penalty), as redesignated by section 802(a)(1) of the Coast Guard and Maritime Transportation Act of 2004, as section 70122; and (4) by inserting after section 70120, as redesignated by paragraph (2), the following: ``Sec. 70121. Container security initiative ``(a) In General.--Pursuant to the standards established under subsection (b)(1) of section 70116-- ``(1) the Secretary, through the Commissioner of Customs and Border Protection, shall issue regulations to-- ``(A) evaluate and screen cargo documents prior to loading in a foreign port for shipment to the United States, either directly or via a foreign port; and ``(B) inspect high-risk cargo in a foreign port intended for shipment to the United States by physical examination or nonintrusive examination by technological means; and ``(2) the Commissioner of Customs and Border Protection shall execute inspection and screening protocols with authorities in foreign ports to ensure that the standards and procedures promulgated under paragraph (1) are implemented in an effective manner. ``(b) Extension of Container Security Initiative to Other Ports.--The Secretary, through the Commissioner of Customs and Border Protection, may designate foreign seaports under this section if, with respect to any such seaport, the Secretary determines that-- ``(1) the seaport-- ``(A) presents a significant level of risk; ``(B) is a significant port or origin or transshipment, in terms of volume or value, for cargo being imported to the United States; and ``(C) is potentially capable of validating a secure system of transportation pursuant to section 70116; and ``(2) the Department of State and representatives of the country with jurisdiction over the port have completed negotiations to ensure compliance with the requirements of the container security initiative. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section-- ``(1) $142,000,000 for fiscal year 2007; ``(2) $144,000,000 for fiscal year 2008; and ``(3) $146,000,000 for fiscal year 2009.''. (b) Conforming Amendments.-- (1) The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the items following the item relating to section 70116 and inserting the following: ``70117. In rem liability for civil penalties and certain costs ``70118. Firearms, arrests, and seizure of property ``70119. Withholding of clearance ``70120. Enforcement by State and local officers ``70121. Container security initiative ``70122. Civil penalty''. (2) Section 70117(a) of title 46, United States Code, is amended by striking ``section 70120'' and inserting ``section 70122''. (3) Section 70119(a) of such title, as redesignated by subsection (a)(1) of this section, is amended-- (A) by striking ``under section 70119,'' and inserting ``under section 70122,''; and (B) by striking ``under section 70120,'' and inserting ``under that section,''. (4) Section 111 of the Maritime Transportation Security Act of 2002 is repealed. SEC. _310. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION. Section 70116 of title 46, United States Code, is amended-- (1) by striking ``transportation.'' in subsection (a) and inserting ``transportation-- ``(1) to ensure the security and integrity of shipments of goods to the United States from the point at which such goods are initially packed or loaded into a cargo container for international shipment until they reach their ultimate destination; and ``(2) to facilitate the movement of such goods through the entire supply chain through an expedited security and clearance program.''; and (2) by striking subsection (b) and inserting the following: [[Page S2974]] ``(b) Program Elements.--In establishing and conducting the program under subsection (a) the Secretary, acting through the Commissioner of Customs and Border Protection, shall-- ``(1) establish standards and procedures for verifying, at the point at which goods are placed in a cargo container for shipping, that the container is free of unauthorized hazardous chemical, biological, or nuclear material and for securely sealing such containers after the contents are so verified; ``(2) establish standards and procedures for screening and evaluating cargo prior to loading in a foreign port for shipment to the United States either directly or via a foreign port; ``(3) establish standards and procedures for securing cargo and monitoring that security while in transit; ``(4) develop performance standards to enhance the physical security of shipping containers, including performance standards for seals and locks; ``(5) establish standards and procedures for allowing the United States Government to ensure and validate compliance with this program; and ``(6) incorporate any other measures the Secretary considers necessary to ensure the security and integrity of international intermodal transport movements. ``(c) Benefits from Participation.--The Commissioner of Customs and Border Protection may provide expedited clearance of cargo to an entity that-- ``(1) meets or exceeds the standards established under subsection (b); and ``(2) certifies the security of its supply chain not less often than once every 2 years to the Secretary.''. SEC. _311. PORT SECURITY USER FEE STUDY. The Secretary of Homeland Security shall conduct a study of the need for, and feasibility of, establishing a system of oceanborne and port-related intermodal transportation user fees that could be imposed and collected as a dedicated revenue source, on a temporary or continuing basis, to provide necessary funding for the improvement and maintenance of enhanced port security. Within 1 year after date of enactment of this Act, the Secretary shall submit a report to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security that-- (1) contains the Secretary's findings, conclusions, and recommendations (including legislative recommendations if appropriate); and (2) includes an assessment of the annual amount of customs fees and duties collected through oceanborne and port-related transportation and the amount and percentage of such fees and duties that are dedicated to improve and maintain security. SEC. _312. DEADLINE FOR TRANSPORTATION SECURITY CARDS. The Secretary shall issue a final rule under section 70105 of title 46, United States Code, no later than January 1, 2007. SEC. _313. PORT SECURITY GRANTS. (a) Basis for Grants.--Section 70107(a) of title 46, United States Code, is amended by striking ``for making a fair and equitable allocation of funds'' and inserting ``based on risk and vulnerability''. (b) Eligible Costs.--Section 70107(b) of title 46, United States Code, is amended by striking paragraph (1) and redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. (c) Letters of Intent.--Section 70107(e) of title 46, United States Code, is amended by adding at the end the following: ``(5) Letters of intent.--The Secretary may execute letters of intent to commit funding to port sponsors from the Fund.''. SEC. _314. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM SECURITY VALIDATION PROGRAM. (a) In General.--Chapter 701 of title 46, United States Code, as amended by section --309 of this subtitle, is further amended-- (1) by redesignating section 70122 (as redesignated by section --309(a)(3) of this subtitle) as section 70123; and (2) by inserting after section 70121 the following: ``Sec. 70122. Customs-Trade Partnership Against Terrorism validation program. ``(a) Validation; Records Management.--The Secretary of Homeland Security, through the Commissioner of Customs and Border Protection, shall issue regulations-- ``(1) to strengthen the validation process to verify that security programs of members of the Customs-Trade Partnership Against Terrorism have been implemented and that the program benefits should continue by providing appropriate guidance to specialists conducting such validations, including establishing what level of review is adequate to determine whether member security practices are reliable, accurate, and effective; and ``(2) to implement a records management system that documents key decisions and significant operational events accurately and in a timely manner, including a reliable system for-- ``(A) documenting and maintaining records of all decisions in the application through validation processes, including documentation of the objectives, scope, methodologies, and limitations of validations; and ``(B) tracking member status. ``(b) Human Capital Plan.--Within 6 months after the date of enactment of the Maritime Security Act of 2006, the Secretary shall complete a human capital plan, that clearly describes how the Customs-Trade Partnership Against Terrorism program will recruit, train, and retain sufficient staff to conduct the work of the program successfully, including reviewing security profiles, vetting, and conducting validations to mitigate program risk.''. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security to carry out section 70122 of title 49, United States Code, not to exceed-- (1) $60,000,000 for fiscal year 2007; (2) $65,000,000 for fiscal year 2008; and (3) $72,000,000 for fiscal year 2009. (c) Conforming Amendments.-- (1) The chapter analysis for chapter 701 of title 46, United States Code, as amended by section--309(b) of this subtitle, is further amended by striking the item relating to section 70122 and inserting the following: ``70122. Customs-Trade Partnership Against Terrorism validation program ``70123. Civil penalty''. (2) Section 70117(a) and 70119(a) of title 46, United States Code, as amended by section --309(b)(2) and (3), respectively, of this Act, are each amended by striking ``section 70122,'' and inserting ``section 70123,''. SEC. _315. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES. Section 70101(6) is amended by inserting after ``area.'' the following: ``In this paragraph, the term `economic disruption' does not include a work stoppage or other nonviolent employee-related action resulting from an employee-employer dispute.''. SEC. _316. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION SECURITY CARD. Section 70105(c)(3) of title 46, United States Code, is amended by inserting ``or a waiver under paragraph (2)'' after ``card''. SEC. _317. INSPECTION OF CAR FERRIES ENTERING FROM CANADA. Within 120 days after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of Customs and Border Protection, in coordination with the Secretary of State, and their Canadian counterparts, shall develop a plan for the inspection of passengers and vehicles before such passengers board, or such vehicles are loaded onto, a ferry bound for a United States port. ______ SA 3383. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC . . 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 amending the last sentence to read as follows: `Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and 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.'. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to visa revocations effected before, on, or after such date. ______ SA 3384. Mr. GRASSLEY (for himself, Mr. Chambliss, Mr. Harkin, and Mr. Reid) submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. . ADDRESSING POVERTY IN MEXICO. (a) Findings.-- Whereas there is a strong correlation between economic freedom and economic prosperity; Whereas trade policy, fiscal burden of government, government intervention in the economy, monetary policy, capital flows and foreign investment, banking and finance, wages and prices, property rights, regulation, and informal market activity are key factors in economic freedom; Whereas poverty in Mexico, including rural poverty, can be mitigated through strengthened economic freedom within Mexico; Whereas strengthened economic freedom in Mexico can be a major influence in mitigating illegal immigration; Whereas advancing economic freedom within Mexico is an important part of any comprehensive plan to understanding the sources of poverty and the path to economic prosperity; (b) In General.--The Secretary of State may award a grant to a land grant university in the United States to establish one national program for a broad-based university Mexican rural poverty program. (c) Functions.--The national program shall: (1) Pair a U.S. land grant university with the lead Mexican public university in each of [[Page S2975]] Mexico's 31 states to provide state-level coordination of rural poverty programs. (2) Establish and coordinate relationships and programmatic ties between U.S. universities and Mexican universities to address the issue of Mexican rural poverty. (3) Establish and coordinate ties with key leaders in Mexico and the United States to explore how rural poverty drives illegal immigration of Mexicans into the United States; and (4) Address immigration and border security concerns through a university-based, bi-national approach for long- term institutional change. (d) Use of Funds.-- 1. In general.--Grants awarded under this section shall be used-- (A) for education, training, technical assistance, and all related costs (including personnel and equipment) incurred by the grantee in implementing a program under this Act; (B) to establish a program administrative structure in the United States. (C) No funds can be used for the activities, responsibilities, or related costs incurred by entities in Mexico. (e) Authorization of Funds.-- 1. Such funds as deemed necessary by the Secretary shall by used for the execution of this program. ______ SA 3385. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. RESIDENCY REQUIREMENTS FOR CERTAIN ALIEN SPOUSES. Notwithstanding any other provision of law, for purposes of determining eligibility for naturalization under section 319 of the Immigration and Nationality Act with respect to an alien spouse who is married to a citizen spouse who was stationed abroad on orders from the United States Government for a period of not less than 1 year and reassigned to the United States thereafter, the following rules shall apply: (1) The citizen spouse shall be treated as regularly scheduled abroad without regard to whether the citizen spouse is reassigned to duty in the United States. (2) Any period of time during which the alien spouse is living abroad with his or her citizen spouse shall be treated as residency within the United States for purposes of meeting the residency requirements under section 319 of the Immigration and Nationality Act, even if the citizen spouse is reassigned to duty in the United States at the time the alien spouse files an application for naturalization. ______ SA 3386. Mr. KYL submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows: On page 6, beginning on line 9, strike all through page 294, line 4, and insert the following: TITLE I--BORDER ENFORCEMENT Subtitle A--Assets for Controlling United States Borders SEC. 101. ENFORCEMENT PERSONNEL. (a) Additional Personnel.-- (1) Port of entry inspectors.--In each of the fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations, increase by not less than 500 the number of positions for full-time active duty port of entry inspectors and provide appropriate training, equipment, and support to such additional inspectors. (2) Investigative personnel.-- (A) Immigration and customs enforcement investigators.-- Section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended by striking ``800'' and inserting ``1000''. (B) Additional personnel.--In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by subparagraph (A), during each of the fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations, increase by not less than 200 the number of positions for personnel within the Department assigned to investigate alien smuggling. (b) Authorization of Appropriations.-- (1) Port of entry inspectors.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2007 through 2011 to carry out paragraph (1) of subsection (a). (2) Border patrol agents.--Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read as follows: ``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS. ``(a) Annual Increases.--The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty border patrol agents within the Department of Homeland Security (above the number of such positions for which funds were appropriated for the preceding fiscal year), by-- ``(1) 2,000 in fiscal year 2006; ``(2) 2,400 in fiscal year 2007; ``(3) 2,400 in fiscal year 2008; ``(4) 2,400 in fiscal year 2009; ``(5) 2,400 in fiscal year 2010; and ``(6) 2,400 in fiscal year 2011; ``(b) Northern Border.--In each of the fiscal years 2006 through 2011, in addition to the border patrol agents assigned along the northern border of the United States during the previous fiscal year, the Secretary shall assign a number of border patrol agents equal to not less than 20 percent of the net increase in border patrol agents during each such fiscal year. ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 through 2011 to carry out this section.''. SEC. 102. TECHNOLOGICAL ASSETS. (a) Acquisition.--Subject to the availability of appropriations, the Secretary shall procure additional unmanned aerial vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a ``virtual fence'' along such international borders to provide a barrier to illegal immigration. (b) Increased Availability of Equipment.--The Secretary and the Secretary of Defense shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration. (c) Report.--Not later than 6 months after the date of enactment of this Act, the Secretary and the Secretary of Defense shall submit to Congress a report that contains-- (1) a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the risks to citizens of the United States and foreign policy interests associated with the use of such equipment; (2) the plan developed under subsection (b) to increase the use of Department of Defense equipment to assist such surveillance activities; and (3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2007 through 2011 to carry out subsection (a). (e) Construction.--Nothing in this section may be construed as altering or amending the prohibition on the use of any part of the Army or the Air Force as a posse comitatus under section 1385 of title 18, United States Code. SEC. 103. INFRASTRUCTURE. (a) Construction of Border Control Facilities.--Subject to the availability of appropriations, the Secretary shall construct all-weather roads and acquire additional vehicle barriers and facilities necessary to achieve operational control of the international borders of the United States. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2007 through 2011 to carry out subsection (a). SEC. 104. BORDER PATROL CHECKPOINTS. The Secretary may maintain temporary or permanent checkpoints on roadways in border patrol sectors that are located in proximity to the international border between the United States and Mexico. SEC. 105. PORTS OF ENTRY. The Secretary is authorized to-- (1) construct additional ports of entry along the international land borders of the United States, at locations to be determined by the Secretary; and (2) make necessary improvements to the ports of entry in existence on the date of the enactment of this Act. SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE BARRIERS. (a) Tucson Sector.--The Secretary shall-- (1) replace all aged, deteriorating, or damaged primary fencing in the Tucson Sector located proximate to population centers in Douglas, Nogales, Naco, and Lukeville, Arizona with double- or triple-layered fencing running parallel to the international border between the United States and Mexico; (2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas, except that the double- or triple-layered fence shall extend west of Naco, Arizona, for a distance of 10 miles; and (3) construct not less than 150 miles of vehicle barriers and all-weather roads in the Tucson Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross-border traffic. (b) Yuma Sector.--The Secretary shall-- (1) replace all aged, deteriorating, or damaged primary fencing in the Yuma Sector located proximate to population centers in [[Page S2976]] Yuma, Somerton, and San Luis, Arizona with double- or triple- layered fencing running parallel to the international border between the United States and Mexico; (2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas in the Yuma Sector. (3) construct not less than 50 miles of vehicle barriers and all-weather roads in the Yuma Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross- border traffic. (c) Construction Deadline.--The Secretary shall immediately commence construction of the fencing, barriers, and roads described in subsections (a) and (b), and shall complete such construction not later than 2 years after the date of the enactment of this Act. (d) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes the progress that has been made in constructing the fencing, barriers, and roads described in subsections (a) and (b). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. Subtitle B--Border Security Plans, Strategies, and Reports SEC. 111. SURVEILLANCE PLAN. (a) Requirement for Plan.--The Secretary shall develop a comprehensive plan for the systematic surveillance of the international land and maritime borders of the United States. (b) Content.--The plan required by subsection (a) shall include the following: (1) An assessment of existing technologies employed on the international land and maritime borders of the United States. (2) A description of the compatibility of new surveillance technologies with surveillance technologies in use by the Secretary on the date of the enactment of this Act. (3) A description of how the Commissioner of the United States Customs and Border Protection of the Department is working, or is expected to work, with the Under Secretary for Science and Technology of the Department to identify and test surveillance technology. (4) A description of the specific surveillance technology to be deployed. (5) Identification of any obstacles that may impede such deployment. (6) A detailed estimate of all costs associated with such deployment and with continued maintenance of such technologies. (7) A description of how the Secretary is working with the Administrator of the Federal Aviation Administration on safety and airspace control issues associated with the use of unmanned aerial vehicles. (c) Submission to Congress.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress the plan required by this section. SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY. (a) Requirement for Strategy.--The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a National Strategy for Border Security that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States. (b) Content.--The National Strategy for Border Security shall include the following: (1) The implementation schedule for the comprehensive plan for systematic surveillance described in section 111. (2) An assessment of the threat posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States. (3) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken-- (A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and (B) to protect critical infrastructure at or near such ports of entry or borders. (4) An assessment of the legal requirements that prevent achieving and maintaining operational control over the entire international land and maritime borders of the United States. (5) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities. (6) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies. (7) A description of the border security roles and missions of Federal, State, regional, local, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner. (8) An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, personal property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, and other vulnerable populations. (9) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States. (10) A description of ways to ensure that the free flow of travel and commerce is not diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States. (11) An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States. (12) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such Strategy. (13) A schedule for the implementation of the security measures described in such Strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated. (c) Consultation.--In developing the National Strategy for Border Security, the Secretary shall consult with representatives of-- (1) State, local, and tribal authorities with responsibility for locations along the international land and maritime borders of the United States; and (2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security. (d) Coordination.--The National Strategy for Border Security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004. (e) Submission to Congress.-- (1) Strategy.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress the National Strategy for Border Security. (2) Updates.--The Secretary shall submit to Congress any update of such Strategy that the Secretary determines is necessary, not later than 30 days after such update is developed. (f) Immediate Action.--Nothing in this section or section 111 may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States. SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN SECURITY. (a) Requirement for Reports.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary and the heads of other appropriate Federal agencies, shall submit to Congress a report on improving the exchange of information related to the security of North America. (b) Contents.--Each report submitted under subsection (a) shall contain a description of the following: (1) Security clearances and document integrity.--The progress made toward the development of common enrollment, security, technical, and biometric standards for the issuance, authentication, validation, and repudiation of secure documents, including-- (A) technical and biometric standards based on best practices and consistent with international standards for the issuance, authentication, validation, and repudiation of travel documents, including-- (i) passports; (ii) visas; and (iii) permanent resident cards; (B) working with Canada and Mexico to encourage foreign governments to enact laws to combat alien smuggling and trafficking, and laws to forbid the use and manufacture of fraudulent travel documents and to promote information sharing; (C) applying the necessary pressures and support to ensure that other countries meet proper travel document standards and are committed to travel document verification before the citizens of such countries travel internationally, including travel by such citizens to the United States; and (D) providing technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with visa and travel documents. (2) Immigration and visa management.--The progress of efforts to share information regarding high-risk individuals who may attempt to enter Canada, Mexico, or the United States, including the progress made-- (A) in implementing the Statement of Mutual Understanding on Information Sharing, signed by Canada and the United States in February 2003; and (B) in identifying trends related to immigration fraud, including asylum and document fraud, and to analyze such trends. [[Page S2977]] (3) Visa policy coordination and immigration security.--The progress made by Canada, Mexico, and the United States to enhance the security of North America by cooperating on visa policy and identifying best practices regarding immigration security, including the progress made-- (A) in enhancing consultation among officials who issue visas at the consulates or embassies of Canada, Mexico, or the United States throughout the world to share information, trends, and best practices on visa flows; (B) in comparing the procedures and policies of Canada and the United States related to visitor visa processing, including-- (i) application process; (ii) interview policy; (iii) general screening procedures; (iv) visa validity; (v) quality control measures; and (vi) access to appeal or review; (C) in exploring methods for Canada, Mexico, and the United States to waive visa requirements for nationals and citizens of the same foreign countries; (D) in providing technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with immigration violators; (E) in developing and implementing an immigration security strategy for North America that works toward the development of a common security perimeter by enhancing technical assistance for programs and systems to support advance automated reporting and risk targeting of international passengers; (F) in sharing information on lost and stolen passports on a real-time basis among immigration or law enforcement officials of Canada, Mexico, and the United States; and (G) in collecting 10 fingerprints from each individual who applies for a visa. (4) North american visitor overstay program.--The progress made by Canada and the United States in implementing parallel entry-exit tracking systems that, while respecting the privacy laws of both countries, share information regarding third country nationals who have overstayed their period of authorized admission in either Canada or the United States. (5) Terrorist watch lists.--The progress made in enhancing the capacity of the United States to combat terrorism through the coordination of counterterrorism efforts, including the progress made-- (A) in developing and implementing bilateral agreements between Canada and the United States and between Mexico and the United States to govern the sharing of terrorist watch list data and to comprehensively enumerate the uses of such data by the governments of each country; (B) in establishing appropriate linkages among Canada, Mexico, and the United States Terrorist Screening Center; and (C) in exploring with foreign governments the establishment of a multilateral watch list mechanism that would facilitate direct coordination between the country that identifies an individual as an individual included on a watch list, and the country that owns such list, including procedures that satisfy the security concerns and are consistent with the privacy and other laws of each participating country. (6) Money laundering, currency smuggling, and alien smuggling.--The progress made in improving information sharing and law enforcement cooperation in combating organized crime, including the progress made-- (A) in combating currency smuggling, money laundering, alien smuggling, and trafficking in alcohol, firearms, and explosives; (B) in implementing the agreement between Canada and the United States known as the Firearms Trafficking Action Plan; (C) in determining the feasibility of formulating a firearms trafficking action plan between Mexico and the United States; (D) in developing a joint threat assessment on organized crime between Canada and the United States; (E) in determining the feasibility of formulating a joint threat assessment on organized crime between Mexico and the United States; (F) in developing mechanisms to exchange information on findings, seizures, and capture of individuals transporting undeclared currency; and (G) in developing and implementing a plan to combat the transnational threat of illegal drug trafficking. (7) Law enforcement cooperation.--The progress made in enhancing law enforcement cooperation among Canada, Mexico, and the United States through enhanced technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with known and suspected criminals or terrorists, including exploring the formation of law enforcement teams that include personnel from the United States and Mexico, and appropriate procedures for such teams. SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER. (a) Technical Assistance.--The Secretary of State, in coordination with the Secretary, shall work to cooperate with the head of Foreign Affairs Canada and the appropriate officials of the Government of Mexico to establish a program-- (1) to assess the specific needs of Guatemala and Belize in maintaining the security of the international borders of such countries; (2) to use the assessment made under paragraph (1) to determine the financial and technical support needed by Guatemala and Belize from Canada, Mexico, and the United States to meet such needs; (3) to provide technical assistance to Guatemala and Belize to promote issuance of secure passports and travel documents by such countries; and (4) to encourage Guatemala and Belize-- (A) to control alien smuggling and trafficking; (B) to prevent the use and manufacture of fraudulent travel documents; and (C) to share relevant information with Mexico, Canada, and the United States. (b) Border Security for Belize, Guatemala, and Mexico.--The Secretary, in consultation with the Secretary of State, shall work to cooperate-- (1) with the appropriate officials of the Government of Guatemala and the Government of Belize to provide law enforcement assistance to Guatemala and Belize that specifically addresses immigration issues to increase the ability of the Government of Guatemala to dismantle human smuggling organizations and gain additional control over the international border between Guatemala and Belize; and (2) with the appropriate officials of the Government of Belize, the Government of Guatemala, the Government of Mexico, and the governments of neighboring contiguous countries to establish a program to provide needed equipment, technical assistance, and vehicles to manage, regulate, and patrol the international borders between Mexico and Guatemala and between Mexico and Belize. (c) Tracking Central American Gangs.--The Secretary of State, in coordination with the Secretary and the Director of the Federal Bureau of Investigation, shall work to cooperate with the appropriate officials of the Government of Mexico, the Government of Guatemala, the Government of Belize, and the governments of other Central American countries-- (1) to assess the direct and indirect impact on the United States and Central America of deporting violent criminal aliens; (2) to establish a program and database to track individuals involved in Central American gang activities; (3) to develop a mechanism that is acceptable to the governments of Belize, Guatemala, Mexico, the United States, and other appropriate countries to notify such a government if an individual suspected of gang activity will be deported to that country prior to the deportation and to provide support for the reintegration of such deportees into that country; and (4) to develop an agreement to share all relevant information related to individuals connected with Central American gangs. (d) Limitations on Assistance.--Any funds made available to carry out this section shall be subject to the limitations contained in section 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2006 (Public Law 109-102; 119 Stat. 2218). SEC. 115. COMBATING HUMAN SMUGGLING. (a) Requirement for Plan.--The Secretary shall develop and implement a plan to improve coordination between the Bureau of Immigration and Customs Enforcement and the Bureau of Customs and Border Protection of the Department and any other Federal, State, local, or tribal authorities, as determined appropriate by the Secretary, to improve coordination efforts to combat human smuggling. (b) Content.--In developing the plan required by subsection (a), the Secretary shall consider-- (1) the interoperability of databases utilized to prevent human smuggling; (2) adequate and effective personnel training; (3) methods and programs to effectively target networks that engage in such smuggling; (4) effective utilization of-- (A) visas for victims of trafficking and other crimes; and (B) investigatory techniques, equipment, and procedures that prevent, detect, and prosecute international money laundering and other operations that are utilized in smuggling; (5) joint measures, with the Secretary of State, to enhance intelligence sharing and cooperation with foreign governments whose citizens are preyed on by human smugglers; and (6) other measures that the Secretary considers appropriate to combating human smuggling. (c) Report.--Not later than 1 year after implementing the plan described in subsection (a), the Secretary shall submit to Congress a report on such plan, including any recommendations for legislative action to improve efforts to combating human smuggling. (d) Savings Provision.--Nothing in this section may be construed to provide additional authority to any State or local entity to enforce Federal immigration laws. Subtitle C--Other Border Security Initiatives SEC. 121. BIOMETRIC DATA ENHANCEMENTS. Not later than October 1, 2007, the Secretary shall-- (1) in consultation with the Attorney General, enhance connectivity between the Automated Biometric Fingerprint Identification System (IDENT) of the Department and the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation to ensure more expeditious data searches; and [[Page S2978]] (2) in consultation with the Secretary of State, collect all fingerprints from each alien required to provide fingerprints during the alien's initial enrollment in the integrated entry and exit data system described in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a). SEC. 122. SECURE COMMUNICATION. The Secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities-- (1) among all Border Patrol agents conducting operations between ports of entry; (2) between Border Patrol agents and their respective Border Patrol stations; (3) between Border Patrol agents and residents in remote areas along the international land borders of the United States; and (4) between all appropriate border security agencies of the Department and State, local, and tribal law enforcement agencies. SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW. (a) In General.--The Comptroller General of the United States shall conduct a review of the basic training provided to Border Patrol agents by the Secretary to ensure that such training is provided as efficiently and cost-effectively as possible. (b) Components of Review.--The review under subsection (a) shall include the following components: (1) An evaluation of the length and content of the basic training curriculum provided to new Border Patrol agents by the Federal Law Enforcement Training Center, including a description of how such curriculum has changed since September 11, 2001, and an evaluation of language and cultural diversity training programs provided within such curriculum. (2) A review and a detailed breakdown of the costs incurred by the Bureau of Customs and Border Protection and the Federal Law Enforcement Training Center to train 1 new Border Patrol agent. (3) A comparison, based on the review and breakdown under paragraph (2), of the costs, effectiveness, scope, and quality, including geographic characteristics, with other similar training programs provided by State and local agencies, nonprofit organizations, universities, and the private sector. (4) An evaluation of whether utilizing comparable non- Federal training programs, proficiency testing, and long- distance learning programs may affect-- (A) the cost-effectiveness of increasing the number of Border Patrol agents trained per year; (B) the per agent costs of basic training; and (C) the scope and quality of basic training needed to fulfill the mission and duties of a Border Patrol agent. SEC. 124. US-VISIT SYSTEM. Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the heads of other appropriate Federal agencies, shall submit to Congress a schedule for-- (1) equipping all land border ports of entry of the United States with the U.S.-Visitor and Immigrant Status Indicator Technology (US-VISIT) system implemented under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a); (2) developing and deploying at such ports of entry the exit component of the US-VISIT system; and (3) making interoperable all immigration screening systems operated by the Secretary. SEC. 125. DOCUMENT FRAUD DETECTION. (a) Training.--Subject to the availability of appropriations, the Secretary shall provide all Customs and Border Protection officers with training in identifying and detecting fraudulent travel documents. Such training shall be developed in consultation with the head of the Forensic Document Laboratory of the Bureau of Immigration and Customs Enforcement. (b) Forensic Document Laboratory.--The Secretary shall provide all Customs and Border Protection officers with access to the Forensic Document Laboratory. (c) Assessment.-- (1) Requirement for assessment.--The Inspector General of the Department shall conduct an independent assessment of the accuracy and reliability of the Forensic Document Laboratory. (2) Report to congress.--Not later than 6 months after the date of the enactment of this Act, the Inspector General shall submit to Congress the findings of the assessment required by paragraph (1). (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2007 through 2011 to carry out this section. SEC. 126. IMPROVED DOCUMENT INTEGRITY. (a) In General.--Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is amended-- (1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; (2) in the heading, by striking ``entry and exit documents'' and inserting ``travel and entry documents and evidence of status''; (3) in subsection (b)(1)-- (A) by striking ``Not later than October 26, 2004, the'' and inserting ``The''; and (B) by striking ``visas and'' both places it appears and inserting ``visas, evidence of status, and''; (4) by redesignating subsection (d) as subsection (e); and (5) by inserting after subsection (c) the following: ``(d) Other Documents.--Not later than October 26, 2007, every document, other than an interim document, issued by the Secretary of Homeland Security, which may be used as evidence of an alien's status as an immigrant, nonimmigrant, parolee, asylee, or refugee, shall be machine-readable and tamper- resistant, and shall incorporate a biometric identifier to allow the Secretary of Homeland Security to verify electronically the identity and status of the alien.''. SEC. 127. CANCELLATION OF VISAS. Section 222(g) (8 U.S.C. 1202(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (B) by inserting ``and any other nonimmigrant visa issued by the United States that is in the possession of the alien'' after ``such visa''; and (2) in paragraph (2)(A), by striking ``(other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality'' and inserting ``(other than a visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality or foreign residence''. SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM. (a) Collection of Biometric Data From Aliens Departing the United States.--Section 215 (8 U.S.C. 1185) is amended-- (1) by redesignating subsection (c) as subsection (g); (2) by moving subsection (g), as redesignated by paragraph (1), to the end; and (3) by inserting after subsection (b) the following: ``(c) The Secretary of Homeland Security is authorized to require aliens departing the United States to provide biometric data and other information relating to their immigration status.''. (b) Inspection of Applicants for Admission.--Section 235(d) (8 U.S.C. 1225(d)) is amended by adding at the end the following: ``(5) Authority to collect biometric data.--In conducting inspections under subsection (b), immigration officers are authorized to collect biometric data from-- ``(A) any applicant for admission or alien seeking to transit through the United States; or ``(B) any lawful permanent resident who is entering the United States and who is not regarded as seeking admission pursuant to section 101(a)(13)(C).''. (c) Collection of Biometric Data From Alien Crewmen.-- Section 252 (8 U.S.C. 1282) is amended by adding at the end the following: ``(d) An immigration officer is authorized to collect biometric data from an alien crewman seeking permission to land temporarily in the United States.''. (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is amended-- (1) in subsection (a)(7), by adding at the end the following: ``(C) Withholders of biometric data.--Any alien who knowingly fails to comply with a lawful request for biometric data under section 215(c) or 235(d) is inadmissible.''; and (2) in subsection (d), by inserting after paragraph (1) the following: ``(2) The Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to an alien described in subparagraph (C) of subsection (a)(7) and may waive the application of such subparagraph for an individual alien or a class of aliens, at the discretion of the Secretary.''. (e) Implementation.--Section 7208 of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1365b) is amended-- (1) in subsection (c), by adding at the end the following: ``(3) Implementation.--In fully implementing the automated biometric entry and exit data system under this section, the Secretary is not required to comply with the requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) or any other law relating to rulemaking, information collection, or publication in the Federal Register.''; and (2) in subsection (l)-- (A) by striking ``There are authorized'' and inserting the following: ``(1) In general.--There are authorized''; and (B) by adding at the end the following: ``(2) Implementation at all land border ports of entry.-- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 and 2008 to implement the automated biometric entry and exit data system at all land border ports of entry.''. SEC. 129. BORDER STUDY. (a) Southern Border Study.--The Secretary, in consultation with the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, shall conduct a study on the construction of a system of physical barriers along the southern international land and maritime border of the United States. The study shall include-- [[Page S2979]] (1) an assessment of the necessity of constructing such a system, including the identification of areas of high priority for the construction of such a system determined after consideration of factors including the amount of narcotics trafficking and the number of illegal immigrants apprehended in such areas; (2) an assessment of the feasibility of constructing such a system; (3) an assessment of the international, national, and regional environmental impact of such a system, including the impact on zoning, global climate change, ozone depletion, biodiversity loss, and transboundary pollution; (4) an assessment of the necessity for ports of entry along such a system; (5) an assessment of the impact such a system would have on international trade, commerce, and tourism; (6) an assessment of the effect of such a system on private property rights including issues of eminent domain and riparian rights; (7) an estimate of the costs associated with building a barrier system, including costs associated with excavation, construction, and maintenance; (8) an assessment of the effect of such a system on Indian reservations and units of the National Park System; and (9) an assessment of the necessity of constructing such a system after the implementation of provisions of this Act relating to guest workers, visa reform, and interior and worksite enforcement, and the likely effect of such provisions on undocumented immigration and the flow of illegal immigrants across the international border of the United States; (10) an assessment of the impact of such a system on diplomatic relations between the United States and Mexico, Central America, and South America, including the likely impact of such a system on existing and potential areas of bilateral and multilateral cooperative enforcement efforts; (11) an assessment of the impact of such a system on the quality of life within border communities in the United States and Mexico, including its impact on noise and light pollution, housing, transportation, security, and environmental health; (12) an assessment of the likelihood that such a system would lead to increased violations of the human rights, health, safety, or civil rights of individuals in the region near the southern international border of the United States, regardless of the immigration status of such individuals; (13) an assessment of the effect such a system would have on violence near the southern international border of the United States; and (14) an assessment of the effect of such a system on the vulnerability of the United States to infiltration by terrorists or other agents intending to inflict direct harm on the United States. (b) Report.--Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study described in subsection (a). SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY. (a) In General.--The Inspector General of the Department shall review each contract action relating to the Secure Border Initiative having a value of more than $20,000,000, to determine whether each such action fully complies with applicable cost requirements, performance objectives, program milestones, inclusion of small, minority, and women-owned business, and time lines. The Inspector General shall complete a review under this subsection with respect to each contract action-- (1) not later than 60 days after the date of the initiation of the action; and (2) upon the conclusion of the performance of the contract. (b) Inspector General.-- (1) Action.--If the Inspector General becomes aware of any improper conduct or wrongdoing in the course of conducting a contract review under subsection (a), the Inspector General shall, as expeditiously as practicable, refer information relating to such improper conduct or wrongdoing to the Secretary, or to another appropriate official of the Department, who shall determine whether to temporarily suspend the contractor from further participation in the Secure Border Initiative. (2) Report.--Upon the completion of each review described in subsection (a), the Inspector General shall submit to the Secretary a report containing the findings of the review, including findings regarding-- (A) cost overruns; (B) significant delays in contract execution; (C) lack of rigorous departmental contract management; (D) insufficient departmental financial oversight; (E) bundling that limits the ability of small businesses to compete; or (F) other high risk business practices. (c) Reports by the Secretary.-- (1) In general.--Not later than 30 days after the receipt of each report required under subsection (b)(2), the Secretary shall submit a report, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, that describes-- (A) the findings of the report received from the Inspector General; and (B) the steps the Secretary has taken, or plans to take, to address the problems identified in such report. (2) Contracts with foreign companies.--Not later than 60 days after the initiation of each contract action with a company whose headquarters is not based in the United States, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, regarding the Secure Border Initiative. (d) Reports on United States Ports.--Not later that 30 days after receiving information regarding a proposed purchase of a contract to manage the operations of a United States port by a foreign entity, the Committee on Foreign Investment in the United States shall submit a report to Congress that describes-- (1) the proposed purchase; (2) any security concerns related to the proposed purchase; and (3) the manner in which such security concerns have been addressed. (e) Authorization of Appropriations.--In addition to amounts that are otherwise authorized to be appropriated to the Office of the Inspector General of the Department, there are authorized to be appropriated to the Office, to enable the Office to carry out this section-- (1) for fiscal year 2007, not less than 5 percent of the overall budget of the Office for such fiscal year; (2) for fiscal year 2008, not less than 6 percent of the overall budget of the Office for such fiscal year; and (3) for fiscal year 2009, not less than 7 percent of the overall budget of the Office for such fiscal year. SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN PORTS OF ENTRY. (a) In General.--Beginning on October 1, 2007, an alien (other than a national of Mexico) who is attempting to illegally enter the United States and who is apprehended at a United States port of entry or along the international land and maritime border of the United States shall be detained until removed or a final decision granting admission has been determined, unless the alien-- (1) is permitted to withdraw an application for admission under section 235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)) and immediately departs from the United States pursuant to such section; or (2) is paroled into the United States by the Secretary for urgent humanitarian reasons or significant public benefit in accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). (b) Requirements During Interim Period.--Beginning 60 days after the date of the enactment of this Act and before October 1, 2007, an alien described in subsection (a) may be released with a notice to appear only if-- (1) the Secretary determines, after conducting all appropriate background and security checks on the alien, that the alien does not pose a national security risk; and (2) the alien provides a bond of not less than $5,000. (c) Rules of Construction.-- (1) Asylum and removal.--Nothing in this section shall be construed as limiting the right of an alien to apply for asylum or for relief or deferral of removal based on a fear of persecution. (2) Treatment of certain aliens.--The mandatory detention requirement in subsection (a) does not apply to any alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations. (3) Discretion.--Nothing in this section shall be construed as limiting the authority of the Secretary, in the Secretary's sole unreviewable discretion, to determine whether an alien described in clause (ii) of section 235(b)(1)(B) of the Immigration and Nationality Act shall be detained or released after a finding of a credible fear of persecution (as defined in clause (v) of such section). SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS. (a) In General.--Chapter 27 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 554. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements ``(a) Prohibition.--A person shall be punished as described in subsection (b) if such person attempts to elude or eludes customs, immigration, or agriculture inspection or fails to stop at the command of an officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States at a port of entry or customs or immigration checkpoint; ``(b) Penalties.--A person who commits an offense described in subsection (a) shall be-- ``(1) fined under this title; ``(2)(A) imprisoned for not more than 3 years, or both; ``(B) imprisoned for not more than 10 years, or both, if in commission of this violation, attempts to inflict or inflicts bodily injury (as defined in section 1365(g) of this title); or ``(C) imprisoned for any term of years or for life, or both, if death results, and may be sentenced to death; or ``(3) both fined and imprisoned under this subsection. [[Page S2980]] ``(c) Conspiracy.--If 2 or more persons conspire to commit an offense described in subsection (a), and 1 or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the sentence of death may not be imposed. ``(d) Prima Facie Evidence.--For the purposes of seizure and forfeiture under applicable law, in the case of use of a vehicle or other conveyance in the commission of this offense, or in the case of disregarding or disobeying the lawful authority or command of any officer or employee of the United States under section 111(b) of this title, such conduct shall constitute prima facie evidence of smuggling aliens or merchandise.''. (b) Conforming Amendment.--The table of sections for chapter 27 of title 18, United States Code, is amended by inserting at the end: ``554. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements.''. (c) Failure to Obey Border Enforcement Officers.--Section 111 of title 18, United States Code, is amended by inserting after subsection (b) the following: ``(c) Failure to Obey Lawful Orders of Border Enforcement Officers.--Whoever willfully disregards or disobeys the lawful authority or commend of any officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States while engaged in, or on account of, the performance of official duties shall be fined under this title or imprisoned for not more than 5 years, or both.''. Subtitle D--Border Tunnel Prevention Act SEC. 141. SHORT TITLE. This subtitle may be cited as the ``Border Tunnel Prevention Act''. SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE. (a) In General.--Chapter 27 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 554. Border tunnels and passages ``(a) Any person who knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by the Bureau of Immigration and Customs Enforcement, shall be fined under this title and imprisoned for not more than 20 years. ``(b) Any person who knows or recklessly disregards the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be fined under this title and imprisoned for not more than 10 years. ``(c) Any person who uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of section 545), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization (as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a maximum term of imprisonment that is twice the maximum term of imprisonment that would have otherwise been applicable had the unlawful activity not made use of such a tunnel or passage.''. (b) Clerical Amendment.--The table of sections for chapter 27 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 554. Border tunnels and passages.''. (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United States Code, is amended by inserting ``554,'' before ``1425,''. SEC. 143. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of offenses described in section 554 of title 18, United States Code, as added by section 132. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that the sentencing guidelines, policy statements, and official commentary reflect the serious nature of the offenses described in section 554 of title 18, United States Code, and the need for aggressive and appropriate law enforcement action to prevent such offenses; (2) provide adequate base offense levels for offenses under such section; (3) account for any aggravating or mitigating circumstances that might justify exceptions, including-- (A) the use of a tunnel or passage described in subsection (a) of such section to facilitate other felonies; and (B) the circumstances for which the sentencing guidelines currently provide applicable sentencing enhancements; (4) ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutes; (5) make any necessary and conforming changes to the sentencing guidelines and policy statements; and (6) ensure that the sentencing guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. TITLE II--INTERIOR ENFORCEMENT SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS. (a) Asylum.--Section 208(b)(2)(A)(v) (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking ``or (VI)'' and inserting ``(V), (VI), (VII), or (VIII)''. (b) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is amended-- (1) by striking ``inadmissible under'' and inserting ``described in''; and (2) by striking ``deportable under'' and inserting ``described in''. (c) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C. 1229c(b)(1)(C)) is amended by striking ``deportable under section 237(a)(2)(A)(iii) or section 237(a)(4)'' and inserting ``described in paragraph (2)(A)(iii) or (4) of section 237(a)''. (d) Restriction on Removal.--Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended-- (1) in clause (iii), by striking ``or'' at the end; (2) in clause (iv) by striking the period at the end and inserting ``; or''; (3) by inserting after clause (iv) the following: ``(v) the alien is described in section 237(a)(4)(B) (other than an alien described in section 212(a)(3)(B)(i)(IV) if the Secretary of Homeland Security determines that there are not reasonable grounds for regarding the alien as a danger to the security of the United States).''; and (4) in the undesignated paragraph, by striking ``For purposes of clause (iv), an alien who is described in section 237(a)(4)(B) shall be considered to be an alien with respect to whom there are reasonable grounds for regarding as a danger to the security of the United States.''. (e) Record of Admission.--Section 249 (8 U.S.C. 1259) is amended to read as follows: ``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO JANUARY 1, 1972. ``A record of lawful admission for permanent residence may be made, in the discretion of the Secretary of Homeland Security and under such regulations as the Secretary may prescribe, for any alien, as of the date of the approval of the alien's application or, if entry occurred before July 1, 1924, as of the date of such entry if no such record is otherwise available, if the alien establishes that the alien-- ``(1) is not described in section 212(a)(3)(E) or in section 212(a) (insofar as it relates to criminals, procurers, other immoral persons, subversives, violators of the narcotics laws, or smugglers of aliens); ``(2) entered the United States before January 1, 1972; ``(3) has resided in the United States continuously since such entry; ``(4) is a person of good moral character; ``(5) is not ineligible for citizenship; and ``(6) is not described in section 237(a)(4)(B).''. (f) Effective Date and Application.--The amendments made by this section shall-- (1) take effect on the date of the enactment of this Act; and (2) apply to any act or condition constituting a ground for inadmissibility, excludability, or removal occurring or existing on or after the date of the enactment of this Act. SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED. (a) In General.-- (1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is amended-- (A) by striking ``Attorney General'' the first place it appears and inserting ``Secretary of Homeland Security''; (B) by striking ``Attorney General'' any other place it appears and inserting ``Secretary''; (C) in paragraph (1)-- (i) in subparagraph (B), by amending clause (ii) to read as follows: ``(ii) If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of the removal of the alien, the expiration date of the stay of removal.''. (ii) by amending subparagraph (C) to read as follows: ``(C) Extension of period.--The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to-- ``(i) make all reasonable efforts to comply with the removal order; or ``(ii) fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order, including failing to make timely application in good faith for travel or other documents necessary to the alien's departure, or conspiring or acting to prevent the alien's removal.''; and (iii) by adding at the end the following: ``(D) Tolling of period.--If, at the time described in subparagraph (B), the alien is not in the custody of the Secretary under the authority of this Act, the removal period shall not begin until the alien is taken into such custody. If the Secretary lawfully transfers custody of the alien during the removal period to another Federal agency or to a State or local government agency in connection with the official duties of such agency, the removal period shall be tolled, and shall recommence on the date on which the alien is returned to the custody of the Secretary.''; (D) in paragraph (2), by adding at the end the following: ``If a court, the Board of Immigration Appeals, or an immigration judge [[Page S2981]] orders a stay of removal of an alien who is subject to an administrative final order of removal, the Secretary, in the exercise of discretion, may detain the alien during the pendency of such stay of removal.''; (E) in paragraph (3), by amending subparagraph (D) to read as follows: ``(D) to obey reasonable restrictions on the alien's conduct or activities, or to perform affirmative acts, that the Secretary prescribes for the alien-- ``(i) to prevent the alien from absconding; ``(ii) for the protection of the community; or ``(iii) for other purposes related to the enforcement of the immigration laws.''; (F) in paragraph (6), by striking ``removal period and, if released,'' and inserting ``removal period, in the discretion of the Secretary, without any limitations other than those specified in this section, until the alien is removed. If an alien is released, the alien''; (G) by redesignating paragraph (7) as paragraph (10); and (H) by inserting after paragraph (6) the following: ``(7) Parole.--If an alien detained pursuant to paragraph (6) is an applicant for admission, the Secretary of Homeland Security, in the Secretary's discretion, may parole the alien under section 212(d)(5) and may provide, notwithstanding section 212(d)(5), that the alien shall not be returned to custody unless either the alien violates the conditions of the alien's parole or the alien's removal becomes reasonably foreseeable, provided that in no circumstance shall such alien be considered admitted. ``(8) Additional rules for detention or release of aliens.--The following procedures shall apply to an alien detained under this section: ``(A) Detention review process for aliens who have effected an entry and fully cooperate with removal.--The Secretary of Homeland Security shall establish an administrative review process to determine whether an alien described in subparagraph (B) should be detained or released after the removal period in accordance with this paragraph. ``(B) Alien described.--An alien is described in this subparagraph if the alien-- ``(i) has effected an entry into the United States; ``(ii) has made all reasonable efforts to comply with the alien's removal order; ``(iii) has cooperated fully with the Secretary's efforts to establish the alien's identity and to carry out the removal order, including making timely application in good faith for travel or other documents necessary for the alien's departure; and ``(iv) has not conspired or acted to prevent removal. ``(C) Evidence.--In making a determination under subparagraph (A), the Secretary-- ``(i) shall consider any evidence submitted by the alien; ``(ii) may consider any other evidence, including-- ``(I) any information or assistance provided by the Department of State or other Federal agency; and ``(II) any other information available to the Secretary pertaining to the ability to remove the alien. ``(D) Authority to detain for 90 days beyond removal period.--The Secretary, in the exercise of the Secretary's discretion and without any limitations other than those specified in this section, may detain an alien for 90 days beyond the removal period (including any extension of the removal period under paragraph (1)(C)). ``(E) Authority to detain for additional period.--The Secretary, in the exercise of the Secretary's discretion and without any limitations other than those specified in this section, may detain an alien beyond the 90-day period authorized under subparagraph (D) until the alien is removed, if the Secretary-- ``(i) determines that there is a significant likelihood that the alien will be removed in the reasonably foreseeable future; or ``(ii) certifies in writing-- ``(I) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety; ``(II) after receipt of a written recommendation from the Secretary of State, that the release of the alien would likely have serious adverse foreign policy consequences for the United States; ``(III) based on information available to the Secretary (including classified, sensitive, or national security information, and regardless of the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; ``(IV) that-- ``(aa) the release of the alien would threaten the safety of the community or any person, and conditions of release cannot reasonably be expected to ensure the safety of the community or any person; and ``(bb) the alien-- ``(AA) has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)(A)), or of 1 or more attempts or conspiracies to commit any such aggravated felonies for an aggregate term of imprisonment of at least 5 years; or ``(BB) has committed a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) and, because of a mental condition or personality disorder and behavior associated with that condition or disorder, is likely to engage in acts of violence in the future; or ``(V) that-- ``(aa) the release of the alien would threaten the safety of the community or any person, notwithstanding conditions of release designed to ensure the safety of the community or any person; and ``(bb) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)) for which the alien was sentenced to an aggregate term of imprisonment of not less than 1 year. ``(F) Administrative review process.--The Secretary, without any limitations other than those specified in this section, may detain an alien pending a determination under subparagraph (E)(ii), if the Secretary has initiated the administrative review process identified in subparagraph (A) not later than 30 days after the expiration of the removal period (including any extension of the removal period under paragraph (1)(C)). ``(G) Renewal and delegation of certification.-- ``(i) Renewal.--The Secretary may renew a certification under subparagraph (E)(ii) every 6 months, without limitation, after providing the alien with an opportunity to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew such certification, the Secretary shall release the alien, pursuant to subparagraph (H). ``(ii) Delegation.--Notwithstanding any other provision of law, the Secretary may not delegate the authority to make or renew a certification described in subclause (II), (III), or (V) of subparagraph (E)(ii) to any employee reporting to the Assistant Secretary for Immigration and Customs Enforcement. ``(iii) Hearing.--The Secretary may request that the Attorney General, or a designee of the Attorney General, provide for a hearing to make the determination described in subparagraph (E)(ii)(IV)(bb)(BB). ``(H) Release on conditions.--If it is determined that an alien should be released from detention, the Secretary may, in the Secretary's discretion, impose conditions on release in accordance with the regulations prescribed pursuant to paragraph (3). ``(I) Redetention.--The Secretary, without any limitations other than those specified in this section, may detain any alien subject to a final removal order who has previously been released from custody if-- ``(i) the alien fails to comply with the conditions of release; ``(ii) the alien fails to continue to satisfy the conditions described in subparagraph (B); or ``(iii) upon reconsideration, the Secretary determines that the alien can be detained under subparagraph (E). ``(J) Applicability.--This paragraph and paragraphs (6) and (7) shall apply to any alien returned to custody under subparagraph (I) as if the removal period terminated on the day of the redetention. ``(K) Detention review process for aliens who have effected an entry and fail to cooperate with removal.--The Secretary shall detain an alien until the alien makes all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary's efforts, if the alien-- ``(i) has effected an entry into the United States; and ``(ii)(I) and the alien faces a significant likelihood that the alien will be removed in the reasonably foreseeable future, or would have been removed if the alien had not-- ``(aa) failed or refused to make all reasonable efforts to comply with a removal order; ``(bb) failed or refused to fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order, including the failure to make timely application in good faith for travel or other documents necessary to the alien's departure; or ``(cc) conspired or acted to prevent removal; or ``(II) the Secretary makes a certification as specified in subparagraph (E), or the renewal of a certification specified in subparagraph (G). ``(L) Detention review process for aliens who have not effected an entry.--Except as otherwise provided in this subparagraph, the Secretary shall follow the guidelines established in section 241.4 of title 8, Code of Federal Regulations, when detaining aliens who have not effected an entry. The Secretary may decide to apply the review process outlined in this paragraph. ``(9) Judicial review.--Without regard to the place of confinement, judicial review of any action or decision made pursuant to paragraph (6), (7), or (8) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia and only if the alien has exhausted all administrative remedies (statutory and nonstatutory) available to the alien as of right.''. (2) Effective date.--The amendments made by paragraph (1)-- (A) shall take effect on the date of the enactment of this Act; and (B) shall apply to-- (i) any alien subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and (ii) any act or condition occurring or existing before, on, or after the date of the enactment of this Act. [[Page S2982]] (b) Criminal Detention of Aliens.--Section 3142 of title 18, United States Code, is amended-- (1) in subsection (e)-- (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (B) by inserting ``(1)'' before ``If, after a hearing''; (C) in subparagraphs (B) and (C), as redesignated, by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (D) by adding after subparagraph (C), as redesignated, the following: ``(2) Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required if the judicial officer finds that there is probable cause to believe that the person-- ``(A) is an alien; and ``(B)(i) has no lawful immigration status in the United States; ``(ii) is the subject of a final order of removal; or ``(iii) has committed a felony offense under section 911, 922(g)(5), 1015, 1028, 1425, or 1426 of this title, chapter 75 or 77 of this title, or section 243, 274, 275, 276, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1324, 1325, 1326, 2327, and 1328).''; and (2) in subsection (g)(3)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by adding at the end the following: ``(C) the person's immigration status; and''. SEC. 203. AGGRAVATED FELONY. (a) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended-- (1) by striking ``The term `aggravated felony' means--'' and inserting ``Notwithstanding any other provision of law (except for the provision providing an effective date for section 203 of the Comprehensive Reform Act of 2006), the term `aggravated felony' applies to an offense described in this paragraph, whether in violation of Federal or State law and to such an offense in violation of the law of a foreign country, for which the term of imprisonment was completed within the previous 15 years, even if the length of the term of imprisonment is based on recidivist or other enhancements and regardless of whether the conviction was entered before, on, or after September 30, 1996, and means--''; (2) in subparagraph (A), by striking ``murder, rape, or sexual abuse of a minor;'' and inserting ``murder, rape, or sexual abuse of a minor, whether or not the minority of the victim is established by evidence contained in the record of conviction or by evidence extrinsic to the record of conviction;''; (3) in subparagraph (N), by striking ``paragraph (1)(A) or (2) of''; (4) in subparagraph (O), by striking ``section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph'' and inserting ``section 275 or 276 for which the term of imprisonment is at least 1 year''; (5) in subparagraph (U), by striking ``an attempt or conspiracy to commit an offense described in this paragraph'' and inserting ``aiding or abetting an offense described in this paragraph, or soliciting, counseling, procuring, commanding, or inducing another, attempting, or conspiring to commit such an offense''; and (6) by striking the undesignated matter following subparagraph (U). (b) Effective Date and Application.-- (1) In general.--The amendments made by subsection (a) shall-- (A) take effect on the date of the enactment of this Act; and (B) apply to any act that occurred on or after the date of the enactment of this Act. (2) Application of iiraira amendments.--The amendments to section 101(a)(43) of the Immigration and Nationality Act made by section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-627) shall continue to apply, whether the conviction was entered before, on, or after September 30, 1996. SEC. 204. TERRORIST BARS. (a) Definition of Good Moral Character.--Section 101(f) (8 U.S.C. 1101(f)) is amended-- (1) by inserting after paragraph (1) the following: ``(2) an alien described in section 212(a)(3) or 237(a)(4), as determined by the Secretary of Homeland Security or Attorney General based upon any relevant information or evidence, including classified, sensitive, or national security information;''; (2) in paragraph (8), by striking ``(as defined in subsection (a)(43))'' and inserting the following: ``, regardless of whether the crime was defined as an aggravated felony under subsection (a)(43) at the time of the conviction, unless-- ``(A) the person completed the term of imprisonment and sentence not later than 10 years before the date of application; and ``(B) the Secretary of Homeland Security or the Attorney General waives the application of this paragraph; or''; and (3) in the undesignated matter following paragraph (9), by striking ``a finding that for other reasons such person is or was not of good moral character'' and inserting the following: ``a discretionary finding for other reasons that such a person is or was not of good moral character. In determining an applicant's moral character, the Secretary of Homeland Security and the Attorney General may take into consideration the applicant's conduct and acts at any time and are not limited to the period during which good moral character is required.''. (b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) is amended by adding at the end the following: ``A petition may not be approved under this section if there is any administrative or judicial proceeding (whether civil or criminal) pending against the petitioner that could directly or indirectly result in the petitioner's denaturalization or the loss of the petitioner's lawful permanent resident status.''. (c) Conditional Permanent Resident Status.-- (1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is amended by inserting ``if the alien has had the conditional basis removed pursuant to this section'' before the period at the end. (2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C. 1186b(e)) is amended by inserting ``if the alien has had the conditional basis removed pursuant to this section'' before the period at the end. (d) Judicial Review of Naturalization Applications.-- Section 310(c) (8 U.S.C. 1421(c)) is amended-- (1) by inserting ``, not later than 120 days after the Secretary of Homeland Security's final determination,'' after ``may''; and (2) by adding at the end the following: ``Except that in any proceeding, other than a proceeding under section 340, the court shall review for substantial evidence the administrative record and findings of the Secretary of Homeland Security regarding whether an alien is a person of good moral character, understands and is attached to the principles of the Constitution of the United States, or is well disposed to the good order and happiness of the United States. The petitioner shall have the burden of showing that the Secretary's denial of the application was contrary to law.''. (e) Persons Endangering National Security.--Section 316 (8 U.S.C. 1427) is amended by adding at the end the following: ``(g) Persons Endangering the National Security.--A person may not be naturalized if the Secretary of Homeland Security determines, based upon any relevant information or evidence, including classified, sensitive, or national security information, that the person was once an alien described in section 212(a)(3) or 237(a)(4).''. (f) Concurrent Naturalization and Removal Proceedings.-- Section 318 (8 U.S.C. 1429) is amended by striking ``the Attorney General if'' and all that follows and inserting: ``the Secretary of Homeland Security or any court if there is pending against the applicant any removal proceeding or other proceeding to determine the applicant's inadmissibility or deportability, or to determine whether the applicant's lawful permanent resident status should be rescinded, regardless of when such proceeding was commenced. The findings of the Attorney General in terminating removal proceedings or canceling the removal of an alien under this Act shall not be deemed binding in any way upon the Secretary of Homeland Security with respect to the question of whether such person has established eligibility for naturalization in accordance with this title.''. (g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 1447(b)) is amended to read as follows: ``(b) Request for Hearing Before District Court.--If there is a failure to render a final administrative decision under section 335 before the end of the 180-day period beginning on the date on which the Secretary of Homeland Security completes all examinations and interviews required under such section, the applicant may apply to the district court for the district in which the applicant resides for a hearing on the matter. The Secretary shall notify the applicant when such examinations and interviews have been completed. Such district court shall only have jurisdiction to review the basis for delay and remand the matter, with appropriate instructions, to the Secretary for the Secretary's determination on the application.''. (h) Effective Date.--The amendments made by this section-- (1) shall take effect on the date of the enactment of this Act; and (2) shall apply to any act that occurred on or after such date of enactment. SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE, REMOVAL, AND ALIEN SMUGGLING. (a) Criminal Street Gangs.-- (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended-- (A) by redesignating subparagraph (F) as subparagraph (J); and (B) by inserting after subparagraph (E) the following: ``(F) Members of criminal street gangs.--Unless the Secretary of Homeland Security or the Attorney General waives the application of this subparagraph, any alien who a consular officer, the Attorney General, or the Secretary of Homeland Security knows or has reason to believe-- ``(i) is, or has been, a member of a criminal street gang (as defined in section 521(a) of title 18, United States Code); or ``(ii) has participated in the activities of a criminal street gang, knowing or having reason to know that such activities promoted, furthered, aided, or supported the illegal activity of the criminal gang, [[Page S2983]] is inadmissible.''. (2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(F) Members of criminal street gangs.--Unless the Secretary of Homeland Security or the Attorney General waives the application of this subparagraph, any alien who the Secretary of Homeland Security or the Attorney General knows or has reason to believe-- ``(i) is, or at any time after admission has been, a member of a criminal street gang (as defined in section 521(a) of title 18, United States Code); or ``(ii) has participated in the activities of a criminal street gang, knowing or having reason to know that such activities promoted, furthered, aided, or supported the illegal activity of the criminal gang, is deportable.''. (3) Temporary protected status.--Section 244 (8 U.S.C. 1254a) is amended-- (A) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; (B) in subsection (b)(3)-- (i) in subparagraph (B), by striking the last sentence and inserting the following: ``Notwithstanding any other provision of this section, the Secretary of Homeland Security may, for any reason (including national security), terminate or modify any designation under this section. Such termination or modification is effective upon publication in the Federal Register, or after such time as the Secretary may designate in the Federal Register.''; (ii) in subparagraph (C), by striking ``a period of 12 or 18 months'' and inserting ``any other period not to exceed 18 months''; (C) in subsection (c)-- (i) in paragraph (1)(B), by striking ``The amount of any such fee shall not exceed $50.''; (ii) in paragraph (2)(B)-- (I) in clause (i), by striking ``, or'' at the end; (II) in clause (ii), by striking the period at the end and inserting ``; or''; and (III) by adding at the end the following: ``(iii) the alien is, or at any time after admission has been, a member of a criminal street gang (as defined in section 521(a) of title 18, United States Code).''; and (D) in subsection (d)-- (i) by striking paragraph (3); and (ii) in paragraph (4), by adding at the end the following: ``The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law.''. (b) Penalties Related to Removal.--Section 243 (8 U.S.C. 1253) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``212(a) or'' after ``section''; and (B) in the matter following subparagraph (D)-- (i) by striking ``or imprisoned not more than four years'' and inserting ``and imprisoned for not less than 6 months or more than 5 years''; and (ii) by striking ``, or both''; (2) in subsection (b), by striking ``not more than $1000 or imprisoned for not more than one year, or both'' and inserting ``under title 18, United States Code, and imprisoned for not less than 6 months or more than 5 years (or for not more than 10 years if the alien is a member of any of the classes described in paragraphs (1)(E), (2), (3), and (4) of section 237(a)).''; and (3) by amending subsection (d) to read as follows: ``(d) Denying Visas to Nationals of Country Denying or Delaying Accepting Alien.--The Secretary of Homeland Security, after making a determination that the government of a foreign country has denied or unreasonably delayed accepting an alien who is a citizen, subject, national, or resident of that country after the alien has been ordered removed, and after consultation with the Secretary of State, may instruct the Secretary of State to deny a visa to any citizen, subject, national, or resident of that country until the country accepts the alien that was ordered removed.''. (c) Alien Smuggling and Related Offenses.-- (1) In general.--Section 274 (8 U.S.C. 1324), is amended to read as follows: ``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES. ``(a) Criminal Offenses and Penalties.-- ``(1) Prohibited activities.--Except as provided in paragraph (3), a person shall be punished as provided under paragraph (2), if the person-- ``(A) facilitates, encourages, directs, or induces a person to come to or enter the United States, or to cross the border to the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to come to, enter, or cross the border to the United States; ``(B) facilitates, encourages, directs, or induces a person to come to or enter the United States, or to cross the border to the United States, at a place other than a designated port of entry or place other than as designated by the Secretary of Homeland Security, knowing or in reckless disregard of the fact that such person is an alien and regardless of whether such alien has official permission or lawful authority to be in the United States; ``(C) transports, moves, harbors, conceals, or shields from detection a person outside of the United States knowing or in reckless disregard of the fact that such person is an alien in unlawful transit from 1 country to another or on the high seas, under circumstances in which the alien is seeking to enter the United States without official permission or legal authority; ``(D) encourages or induces a person to reside in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to reside in the United States; ``(E) transports or moves a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to enter or be in the United States, if the transportation or movement will further the alien's illegal entry into or illegal presence in the United States; ``(F) harbors, conceals, or shields from detection a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to be in the United States; or ``(G) conspires or attempts to commit any of the acts described in subparagraphs (A) through (F). ``(2) Criminal penalties.--A person who violates any provision under paragraph (1)-- ``(A) except as provided in subparagraphs (C) through (G), if the offense was not committed for commercial advantage, profit, or private financial gain, shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; ``(B) except as provided in subparagraphs (C) through (G), if the offense was committed for commercial advantage, profit, or private financial gain-- ``(i) if the violation is the offender's first violation under this subparagraph, shall be fined under such title, imprisoned for not more than 20 years, or both; or ``(ii) if the violation is the offender's second or subsequent violation of this subparagraph, shall be fined under such title, imprisoned for not less than 3 years or more than 20 years, or both; ``(C) if the offense furthered or aided the commission of any other offense against the United States or any State that is punishable by imprisonment for more than 1 year, shall be fined under such title, imprisoned for not less than 5 years or more than 20 years, or both; ``(D) shall be fined under such title, imprisoned not less than 5 years or more than 20 years, or both, if the offense created a substantial and foreseeable risk of death, a substantial and foreseeable risk of serious bodily injury (as defined in section 2119(2) of title 18, United States Code), or inhumane conditions to another person, including-- ``(i) transporting the person in an engine compartment, storage compartment, or other confined space; ``(ii) transporting the person at an excessive speed or in excess of the rated capacity of the means of transportation; or ``(iii) transporting the person in, harboring the person in, or otherwise subjecting the person to crowded or dangerous conditions; ``(E) if the offense caused serious bodily injury (as defined in section 2119(2) of title 18, United States Code) to any person, shall be fined under such title, imprisoned for not less than 7 years or more than 30 years, or both; ``(F) shall be fined under such title and imprisoned for not less than 10 years or more than 30 years if the offense involved an alien who the offender knew or had reason to believe was-- ``(i) engaged in terrorist activity (as defined in section 212(a)(3)(B)); or ``(ii) intending to engage in terrorist activity; ``(G) if the offense caused or resulted in the death of any person, shall be punished by death or imprisoned for a term of years not less than 10 years and up to life, and fined under title 18, United States Code. ``(3) Limitation.--It is not a violation of subparagraph (D), (E), or (F) of paragraph (1)-- ``(A) for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least 1 year; or ``(B) for an individual or organization, not previously convicted of a violation of this section, to provide an alien who is present in the United States with humanitarian assistance, including medical care, housing, counseling, victim services, and food, or to transport the alien to a location where such assistance can be rendered. ``(4) Extraterritorial jurisdiction.--There is extraterritorial Federal jurisdiction over the offenses described in this subsection. ``(b) Employment of Unauthorized Aliens.-- ``(1) Criminal offense and penalties.--Any person who, during any 12-month period, knowingly employs 10 or more individuals with actual knowledge or in reckless disregard of the fact that the individuals are [[Page S2984]] aliens described in paragraph (2), shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both. ``(2) Definition.--An alien described in this paragraph is an alien who-- ``(A) is an unauthorized alien (as defined in section 274A(h)(3)); ``(B) is present in the United States without lawful authority; and ``(C) has been brought into the United States in violation of this subsection. ``(c) Seizure and Forfeiture.-- ``(1) In general.--Any real or personal property used to commit or facilitate the commission of a violation of this section, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture. ``(2) Applicable procedures.--Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security. ``(3) Prima facie evidence in determinations of violations.--In determining whether a violation of subsection (a) has occurred, prima facie evidence that an alien involved in the alleged violation lacks lawful authority to come to, enter, reside in, remain in, or be in the United States or that such alien had come to, entered, resided in, remained in, or been present in the United States in violation of law shall include-- ``(A) any order, finding, or determination concerning the alien's status or lack of status made by a Federal judge or administrative adjudicator (including an immigration judge or immigration officer) during any judicial or administrative proceeding authorized under Federal immigration law; ``(B) official records of the Department of Homeland Security, the Department of Justice, or the Department of State concerning the alien's status or lack of status; and ``(C) testimony by an immigration officer having personal knowledge of the facts concerning the alien's status or lack of status. ``(d) Authority to Arrest.--No officer or person shall have authority to make any arrests for a violation of any provision of this section except-- ``(1) officers and employees designated by the Secretary of Homeland Security, either individually or as a member of a class; and ``(2) other officers responsible for the enforcement of Federal criminal laws. ``(e) Admissibility of Videotaped Witness Testimony.-- Notwithstanding any provision of the Federal Rules of Evidence, the videotaped or otherwise audiovisually preserved deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unavailable to testify, may be admitted into evidence in an action brought for that violation if-- ``(1) the witness was available for cross examination at the deposition by the party, if any, opposing admission of the testimony; and ``(2) the deposition otherwise complies with the Federal Rules of Evidence. ``(f) Outreach Program.-- ``(1) In general.--The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall-- ``(A) develop and implement an outreach program to educate people in and out of the United States about the penalties for bringing in and harboring aliens in violation of this section; and ``(B) establish the American Local and Interior Enforcement Needs (ALIEN) Task Force to identify and respond to the use of Federal, State, and local transportation infrastructure to further the trafficking of unlawful aliens within the United States. ``(2) Field offices.--The Secretary of Homeland Security, after consulting with State and local government officials, shall establish such field offices as may be necessary to carry out this subsection. ``(3) Authorization of appropriations.--There are authorized to be appropriated such sums are necessary for the fiscal years 2007 through 2011 to carry out this subsection. ``(g) Definitions.--In this section: ``(1) Crossed the border into the united states.--An alien is deemed to have crossed the border into the United States regardless of whether the alien is free from official restraint. ``(2) Lawful authority.--The term `lawful authority' means permission, authorization, or license that is expressly provided for in the immigration laws of the United States or accompanying regulations. The term does not include any such authority secured by fraud or otherwise obtained in violation of law or authority sought, but not approved. No alien shall be deemed to have lawful authority to come to, enter, reside in, remain in, or be in the United States if such coming to, entry, residence, remaining, or presence was, is, or would be in violation of law. ``(3) Proceeds.--The term `proceeds' includes any property or interest in property obtained or retained as a consequence of an act or omission in violation of this section. ``(4) Unlawful transit.--The term `unlawful transit' means travel, movement, or temporary presence that violates the laws of any country in which the alien is present or any country from which the alien is traveling or moving.''. (2) Clerical amendment.--The table of contents is amended by striking the item relating to section 274 and inserting the following: ``Sec. 274. Alien smuggling and related offenses.''. (d) Prohibiting Carrying or Using a Firearm During and in Relation to an Alien Smuggling Crime.--Section 924(c) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting ``, alien smuggling crime,'' after ``any crime of violence''; (B) in subparagraph (A), by inserting ``, alien smuggling crime,'' after ``such crime of violence''; (C) in subparagraph (D)(ii), by inserting ``, alien smuggling crime,'' after ``crime of violence''; and (2) by adding at the end the following: ``(6) For purposes of this subsection, the term `alien smuggling crime' means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328).''. SEC. 206. ILLEGAL ENTRY. (a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as follows: ``SEC. 275. ILLEGAL ENTRY. ``(a) In General.-- ``(1) Criminal offenses.--An alien shall be subject to the penalties set forth in paragraph (2) if the alien-- ``(A) knowingly enters or crosses the border into the United States at any time or place other than as designated by the Secretary of Homeland Security; ``(B) knowingly eludes examination or inspection by an immigration officer (including failing to stop at the command of such officer), or a customs or agriculture inspection at a port of entry; or ``(C) knowingly enters or crosses the border to the United States by means of a knowingly false or misleading representation or the knowing concealment of a material fact (including such representation or concealment in the context of arrival, reporting, entry, or clearance requirements of the customs law, immigration laws, agriculture laws, or shipping laws). ``(2) Criminal penalties.--Any alien who violates any provision under paragraph (1)-- ``(A) shall, for the first violation, be fined under title 18, United States Code, imprisoned not more than 6 months, or both; ``(B) shall, for a second or subsequent violation, or following an order of voluntary departure, be fined under such title, imprisoned not more than 2 years, or both; ``(C) if the violation occurred after the alien had been convicted of 3 or more misdemeanors or for a felony, shall be fined under such title, imprisoned not more than 10 years, or both; ``(D) if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 30 months, shall be fined under such title, imprisoned not more than 15 years, or both; and ``(E) if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 60 months, such alien shall be fined under such title, imprisoned not more than 20 years, or both. ``(3) Prior convictions.--The prior convictions described in subparagraphs (C) through (E) of paragraph (2) are elements of the offenses described in that paragraph and the penalties in such subparagraphs shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- ``(A) alleged in the indictment or information; and ``(B) proven beyond a reasonable doubt at trial or admitted by the defendant. ``(4) Duration of offense.--An offense under this subsection continues until the alien is discovered within the United States by an immigration officer. ``(5) Attempt.--Whoever attempts to commit any offense under this section shall be punished in the same manner as for a completion of such offense. ``(b) Improper Time or Place; Civil Penalties.-- ``(1) In general.--Any alien who is apprehended while entering, attempting to enter, or knowingly crossing or attempting to cross the border to the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty, in addition to any criminal or other civil penalties that may be imposed under any other provision of law, in an amount equal to-- ``(A) not less than $50 or more than $250 for each such entry, crossing, attempted entry, or attempted crossing; or ``(B) twice the amount specified in paragraph (1) if the alien had previously been subject to a civil penalty under this subsection. ``(2) Crossed the border defined.--In this section, an alien is deemed to have crossed the border if the act was voluntary, regardless of whether the alien was under observation at the time of the crossing.''. (b) Clerical Amendment.--The table of contents is amended by striking the item relating to section 275 and inserting the following: ``Sec. 275. Illegal entry.''. SEC. 207. ILLEGAL REENTRY. Section 276 (8 U.S.C. 1326) is amended to read as follows: [[Page S2985]] ``SEC. 276. REENTRY OF REMOVED ALIEN. ``(a) Reentry After Removal.--Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty provided in subsection (a), if an alien described in that subsection-- ``(1) was convicted for 3 or more misdemeanors or a felony before such removal or departure, the alien shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; ``(2) was convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 30 months, the alien shall be fined under such title, imprisoned not more than 15 years, or both; ``(3) was convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 60 months, the alien shall be fined under such title, imprisoned not more than 20 years, or both; ``(4) was convicted for 3 felonies before such removal or departure, the alien shall be fined under such title, imprisoned not more than 20 years, or both; or ``(5) was convicted, before such removal or departure, for murder, rape, kidnaping, or a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, the alien shall be fined under such title, imprisoned not more than 20 years, or both. ``(c) Reentry After Repeated Removal.--Any alien who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. ``(d) Proof of Prior Convictions.--The prior convictions described in subsection (b) are elements of the crimes described in that subsection, and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- ``(1) alleged in the indictment or information; and ``(2) proven beyond a reasonable doubt at trial or admitted by the defendant. ``(e) Affirmative Defenses.--It shall be an affirmative defense to a violation of this section that-- ``(1) prior to the alleged violation, the alien had sought and received the express consent of the Secretary of Homeland Security to reapply for admission into the United States; or ``(2) with respect to an alien previously denied admission and removed, the alien-- ``(A) was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act; and ``(B) had complied with all other laws and regulations governing the alien's admission into the United States. ``(f) Limitation on Collateral Attack on Underlying Removal Order.--In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order concerning the alien unless the alien demonstrates by clear and convincing evidence that-- ``(1) the alien exhausted all administrative remedies that may have been available to seek relief against the order; ``(2) the removal proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and ``(3) the entry of the order was fundamentally unfair. ``(g) Reentry of Alien Removed Prior to Completion of Term of Imprisonment.--Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien's reentry. Such alien shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law. ``(h) Limitation.--It is not aiding and abetting a violation of this section for an individual to provide an alien with emergency humanitarian assistance, including emergency medical care and food, or to transport the alien to a location where such assistance can be rendered without compensation or the expectation of compensation. ``(i) Definitions.--In this section: ``(1) Crosses the border.--The term `crosses the border' applies if an alien acts voluntarily, regardless of whether the alien was under observation at the time of the crossing. ``(2) Felony.--Term `felony' means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, any State, or a foreign government. ``(3) Misdemeanor.--The term `misdemeanor' means any criminal offense punishable by a term of imprisonment of not more than 1 year under the applicable laws of the United States, any State, or a foreign government. ``(4) Removal.--The term `removal' includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal. ``(5) State.--The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES. (a) Passport, Visa, and Immigration Fraud.-- (1) In general.--Chapter 75 of title 18, United States Code, is amended to read as follows: ``CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD ``Sec. ``1541. Trafficking in passports. ``1542. False statement in an application for a passport. ``1543. Forgery and unlawful production of a passport. ``1544. Misuse of a passport. ``1545. Schemes to defraud aliens. ``1546. Immigration and visa fraud. ``1547. Marriage fraud. ``1548. Attempts and conspiracies. ``1549. Alternative penalties for certain offenses. ``1550. Seizure and forfeiture. ``1551. Additional jurisdiction. ``1552. Additional venue. ``1553. Definitions. ``1554. Authorized law enforcement activities. ``1555. Exception for refugees and asylees. ``Sec. 1541. Trafficking in passports ``(a) Multiple Passports.--Any person who, during any 3- year period, knowingly- ``(1) and without lawful authority produces, issues, or transfers 10 or more passports; ``(2) forges, counterfeits, alters, or falsely makes 10 or more passports; ``(3) secures, possesses, uses, receives, buys, sells, or distributes 10 or more passports, knowing the passports to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority; or ``(4) completes, mails, prepares, presents, signs, or submits 10 or more applications for a United States passport (including any supporting documentation), knowing the applications to contain any false statement or representation, shall be fined under this title, imprisoned not more than 20 years, or both. ``(b) Passport Materials.--Any person who knowingly and without lawful authority produces, counterfeits, secures, possesses, or uses any official paper, seal, hologram, image, text, symbol, stamp, engraving, plate, or other material used to make a passport shall be fined under this title, imprisoned not more than 20 years, or both. ``Sec. 1542. False statement in an application for a passport ``Any person who knowingly-- ``(1) makes any false statement or representation in an application for a United States passport (including any supporting documentation); ``(2) completes, mails, prepares, presents, signs, or submits an application for a United States passport (including any supporting documentation) knowing the application to contain any false statement or representation; or ``(3) causes or attempts to cause the production of a passport by means of any fraud or false application for a United States passport (including any supporting documentation), if such production occurs or would occur at a facility authorized by the Secretary of State for the production of passports, shall be fined under this title, imprisoned not more than 15 years, or both. ``Sec. 1543. Forgery and unlawful production of a passport ``(a) Forgery.--Any person who-- ``(1) knowingly forges, counterfeits, alters, or falsely makes any passport; or ``(2) knowingly transfers any passport knowing it to be forged, counterfeited, altered, falsely made, stolen, or to have been produced or issued without lawful authority, shall be fined under this title, imprisoned not more than 15 years, or both. ``(b) Unlawful Production.--Any person who knowingly and without lawful authority-- ``(1) produces, issues, authorizes, or verifies a passport in violation of the laws, regulations, or rules governing the issuance of the passport; ``(2) produces, issues, authorizes, or verifies a United States passport for or to any person not owing allegiance to the United States; or ``(3) transfers or furnishes a passport to a person for use when such person is not the person for whom the passport was issued or designed, shall be fined under this title, imprisoned not more than 15 years, or both. ``Sec. 1544. Misuse of a passport ``(a) In General.--Any person who-- ``(1) knowingly uses any passport issued or designed for the use of another; ``(2) knowingly uses any passport in violation of the conditions or restrictions therein [[Page S2986]] contained, or in violation of the laws, regulations, or rules governing the issuance and use of the passport; ``(3) knowingly secures, possesses, uses, receives, buys, sells, or distributes any passport knowing it to be forged, counterfeited, altered, falsely made, procured by fraud, or produced or issued without lawful authority; or ``(4) knowingly violates the terms and conditions of any safe conduct duly obtained and issued under the authority of the United States, shall be fined under this title, imprisoned not more than 15 years, or both. ``(b) Entry; Fraud.--Any person who knowingly uses any passport, knowing the passport to be forged, counterfeited, altered, falsely made, procured by fraud, produced or issued without lawful authority, or issued or designed for the use of another-- ``(1) to enter or to attempt to enter the United States; or ``(2) to defraud the United States, a State, or a political subdivision of a State, shall be fined under this title, imprisoned not more than 15 years, or both. ``Sec. 1545. Schemes to defraud aliens ``(a) In General.--Any person who knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws, or any matter the offender claims or represents is authorized by or arises under Federal immigration laws-- ``(1) to defraud any person, or ``(2) to obtain or receive from any person, by means of false or fraudulent pretenses, representations, promises, money or anything else of value, shall be fined under this title, imprisoned not more than 15 years, or both. ``(b) Misrepresentation.--Any person who knowingly and falsely represents himself to be an attorney in any matter arising under Federal immigration laws shall be fined under this title, imprisoned not more than 15 years, or both. ``Sec. 1546. Immigration and visa fraud ``(a) In General.--Any person who knowingly-- ``(1) uses any immigration document issued or designed for the use of another; ``(2) forges, counterfeits, alters, or falsely makes any immigration document; ``(3) completes, mails, prepares, presents, signs, or submits any immigration document knowing it to contain any materially false statement or representation; ``(4) secures, possesses, uses, transfers, receives, buys, sells, or distributes any immigration document knowing it to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority; ``(5) adopts or uses a false or fictitious name to evade or to attempt to evade the immigration laws; or ``(6) transfers or furnishes an immigration document to a person without lawful authority for use if such person is not the person for whom the immigration document was issued or designed, shall be fined under this title, imprisoned not more than 15 years, or both. ``(b) Multiple Violations.--Any person who, during any 3- year period, knowingly-- ``(1) and without lawful authority produces, issues, or transfers 10 or more immigration documents; ``(2) forges, counterfeits, alters, or falsely makes 10 or more immigration documents; ``(3) secures, possesses, uses, buys, sells, or distributes 10 or more immigration documents, knowing the immigration documents to be forged, counterfeited, altered, stolen, falsely made, procured by fraud, or produced or issued without lawful authority; or ``(4) completes, mails, prepares, presents, signs, or submits 10 or more immigration documents knowing the documents to contain any materially false statement or representation, shall be fined under this title, imprisoned not more than 20 years, or both. ``(c) Immigration Document Materials.--Any person who knowingly and without lawful authority produces, counterfeits, secures, possesses, or uses any official paper, seal, hologram, image, text, symbol, stamp, engraving, plate, or other material, used to make an immigration document shall be fined under this title, imprisoned not more than 20 years, or both. ``Sec. 1547. Marriage fraud ``(a) Evasion or Misrepresentation.--Any person who-- ``(1) knowingly enters into a marriage for the purpose of evading any provision of the immigration laws; or ``(2) knowingly misrepresents the existence or circumstances of a marriage-- ``(A) in an application or document authorized by the immigration laws; or ``(B) during any immigration proceeding conducted by an administrative adjudicator (including an immigration officer or examiner, a consular officer, an immigration judge, or a member of the Board of Immigration Appeals), shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Multiple Marriages.--Any person who-- ``(1) knowingly enters into 2 or more marriages for the purpose of evading any immigration law; or ``(2) knowingly arranges, supports, or facilitates 2 or more marriages designed or intended to evade any immigration law, shall be fined under this title, imprisoned not more than 20 years, or both. ``(c) Commercial Enterprise.--Any person who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be fined under this title, imprisoned for not more than 10 years, or both. ``(d) Duration of Offense.-- ``(1) In general.--An offense under subsection (a) or (b) continues until the fraudulent nature of the marriage or marriages is discovered by an immigration officer. ``(2) Commercial enterprise.--An offense under subsection (c) continues until the fraudulent nature of commercial enterprise is discovered by an immigration officer or other law enforcement officer. ``Sec. 1548. Attempts and conspiracies ``Any person who attempts or conspires to violate any section of this chapter shall be punished in the same manner as a person who completed a violation of that section. ``Sec. 1549. Alternative penalties for certain offenses ``(a) Terrorism.--Any person who violates any section of this chapter-- ``(1) knowing that such violation will facilitate an act of international terrorism or domestic terrorism (as those terms are defined in section 2331); or ``(2) with the intent to facilitate an act of international terrorism or domestic terrorism, shall be fined under this title, imprisoned not more than 25 years, or both. ``(b) Offense Against Government.--Any person who violates any section of this chapter-- ``(1) knowing that such violation will facilitate the commission of any offense against the United States (other than an offense in this chapter) or against any State, which offense is punishable by imprisonment for more than 1 year; or ``(2) with the intent to facilitate the commission of any offense against the United States (other than an offense in this chapter) or against any State, which offense is punishable by imprisonment for more than 1 year, shall be fined under this title, imprisoned not more than 20 years, or both. ``Sec. 1550. Seizure and forfeiture ``(a) Forfeiture.--Any property, real or personal, used to commit or facilitate the commission of a violation of any section of this chapter, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture. ``(b) Applicable Law.--Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Secretary of State, or the Attorney General. ``Sec. 1551. Additional jurisdiction ``(a) In General.--Any person who commits an offense under this chapter within the special maritime and territorial jurisdiction of the United States shall be punished as provided under this chapter. ``(b) Extraterritorial Jurisdiction.--Any person who commits an offense under this chapter outside the United States shall be punished as provided under this chapter if-- ``(1) the offense involves a United States immigration document (or any document purporting to be such a document) or any matter, right, or benefit arising under or authorized by Federal immigration laws; ``(2) the offense is in or affects foreign commerce; ``(3) the offense affects, jeopardizes, or poses a significant risk to the lawful administration of Federal immigration laws, or the national security of the United States; ``(4) the offense is committed to facilitate an act of international terrorism (as defined in section 2331) or a drug trafficking crime (as defined in section 929(a)(2)) that affects or would affect the national security of the United States; ``(5) the offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of such Act); or ``(6) the offender is a stateless person whose habitual residence is in the United States. ``Sec. 1552. Additional venue ``(a) In General.--An offense under section 1542 may be prosecuted in-- ``(1) any district in which the false statement or representation was made; ``(2) any district in which the passport application was prepared, submitted, mailed, received, processed, or adjudicated; or ``(3) in the case of an application prepared and adjudicated outside the United States, in the district in which the resultant passport was produced. ``(b) Savings Clause.--Nothing in this section limits the venue otherwise available under sections 3237 and 3238. ``Sec. 1553. Definitions ``As used in this chapter: ``(1) The term `falsely make' means to prepare or complete an immigration document [[Page S2987]] with knowledge or in reckless disregard of the fact that the document-- ``(A) contains a statement or representation that is false, fictitious, or fraudulent; ``(B) has no basis in fact or law; or ``(C) otherwise fails to state a fact which is material to the purpose for which the document was created, designed, or submitted. ``(2) The term a `false statement or representation' includes a personation or an omission. ``(3) The term `felony' means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, any State, or a foreign government. ``(4) The term `immigration document'-- ``(A) means-- ``(i) any passport or visa; or ``(ii) any application, petition, affidavit, declaration, attestation, form, identification card, alien registration document, employment authorization document, border crossing card, certificate, permit, order, license, stamp, authorization, grant of authority, or other evidentiary document, arising under or authorized by the immigration laws of the United States; and ``(B) includes any document, photograph, or other piece of evidence attached to or submitted in support of an immigration document. ``(5) The term `immigration laws' includes-- ``(A) the laws described in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)); ``(B) the laws relating to the issuance and use of passports; and ``(C) the regulations prescribed under the authority of any law described in paragraphs (1) and (2). ``(6) The term `immigration proceeding' includes an adjudication, interview, hearing, or review. ``(7) A person does not exercise `lawful authority' if the person abuses or improperly exercises lawful authority the person otherwise holds. ``(8) The term `passport' means a travel document attesting to the identity and nationality of the bearer that is issued under the authority of the Secretary of State, a foreign government, or an international organization; or any instrument purporting to be the same. ``(9) The term `produce' means to make, prepare, assemble, issue, print, authenticate, or alter. ``(10) The term `State' means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States. ``Sec. 1554. Authorized law enforcement activities ``Nothing in this chapter shall prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (84 Stat. 933). ``Sec. 1555. Exception for refugees, asylees, and other vulnerable persons ``(a) In General.--If a person believed to have violated section 1542, 1544, 1546, or 1548 while attempting to enter the United States, without delay, indicates an intention to apply for asylum under section 208 or 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158 and 1231), or for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (in accordance with section 208.17 of title 8, Code of Federal Regulations), or under section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in effect prior to March 31, 1997) of such Act, or a credible fear of persecution or torture-- ``(1) the person shall be referred to an appropriate Federal immigration official to review such claim and make a determination if such claim is warranted; ``(2) if the Federal immigration official determines that the person qualifies for the claimed relief, the person shall not be considered to have violated any such section; and ``(3) if the Federal immigration official determines that the person does not qualify for the claimed relief, the person shall be referred to an appropriate Federal official for prosecution under this chapter. ``(b) Savings Provision.--Nothing in this section shall be construed to diminish, increase, or alter the obligations of refugees or the United States under article 31(1) of the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)).''. (2) Clerical amendment.--The table of chapters in title 18, United States Code, is amended by striking the item relating to chapter 75 and inserting the following: ``75. Passport, visa, and immigration fraud.....................1541''. (b) Protection for Legitimate Refugees and Asylum Seekers.--Section 208 (8 U.S.C. 1158) is amended by adding at the end the following: ``(e) Protection for Legitimate Refugees and Asylum Seekers.--The Attorney General, in consultation with the Secretary of Homeland Security, shall develop binding prosecution guidelines for federal prosecutors to ensure that any prosecution of an alien seeking entry into the United States by fraud is consistent with the written terms and limitations of Article 31(1) of the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)).''. SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD OFFENSES. (a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is amended- (1) in subclause (I), by striking ``, or'' at the end and inserting a semicolon; (2) in subclause (II), by striking the comma at the end and inserting ``; or''; and (3) by inserting after subclause (II) the following: ``(III) a violation of (or a conspiracy or attempt to violate) any provision of chapter 75 of title 18, United States Code,''. (b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C. 1227(a)(3)(B)(iii)) is amended to read as follows: ``(iii) of a violation of any provision of chapter 75 of title 18, United States Code,''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to proceedings pending on or after the date of the enactment of this Act, with respect to conduct occurring on or after that date. SEC. 210. INCARCERATION OF CRIMINAL ALIENS. (a) Institutional Removal Program.-- (1) Continuation.--The Secretary shall continue to operate the Institutional Removal Program (referred to in this section as the ``Program'') or shall develop and implement another program to-- (A) identify removable criminal aliens in Federal and State correctional facilities; (B) ensure that such aliens are not released into the community; and (C) remove such aliens from the United States after the completion of their sentences. (2) Expansion.--The Secretary may extend the scope of the Program to all States. (b) Authorization for Detention After Completion of State or Local Prison Sentence.--Law enforcement officers of a State or political subdivision of a State may-- (1) hold an illegal alien for a period not to exceed 14 days after the completion of the alien's State prison sentence to effectuate the transfer of the alien to Federal custody if the alien is removable or not lawfully present in the United States; or (2) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until authorized employees of the Bureau of Immigration and Customs Enforcement can take the alien into custody. (c) Technology Usage.--Technology, such as videoconferencing, shall be used to the maximum extent practicable to make the Program available in remote locations. Mobile access to Federal databases of aliens, such as IDENT, and live scan technology shall be used to the maximum extent practicable to make these resources available to State and local law enforcement agencies in remote locations. (d) Report to Congress.--Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress on the participation of States in the Program and in any other program authorized under subsection (a). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary in each of the fiscal years 2007 through 2011 to carry out the Program. SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY. (a) In General.--Section 240B (8 U.S.C. 1229c) is amended-- (1) in subsection (a)-- (A) by amending paragraph (1) to read as follows: ``(1) Instead of removal proceedings.--If an alien is not described in paragraph (2)(A)(iii) or (4) of section 237(a), the Secretary of Homeland Security may permit the alien to voluntarily depart the United States at the alien's own expense under this subsection instead of being subject to proceedings under section 240.''; (B) by striking paragraph (3); (C) by redesignating paragraph (2) as paragraph (3); (D) by adding after paragraph (1) the following: ``(2) Before the conclusion of removal proceedings.--If an alien is not described in paragraph (2)(A)(iii) or (4) of section 237(a), the Attorney General may permit the alien to voluntarily depart the United States at the alien's own expense under this subsection after the initiation of removal proceedings under section 240 and before the conclusion of such proceedings before an immigration judge.''; (E) in paragraph (3), as redesignated-- (i) by amending subparagraph (A) to read as follows: ``(A) Instead of removal.--Subject to subparagraph (C), permission to voluntarily depart under paragraph (1) shall not be valid for any period in excess of 120 days. The Secretary may require an alien permitted to voluntarily depart under paragraph (1) to post a voluntary departure bond, to be surrendered upon proof that the alien has departed the United States within the time specified.''; (ii) by redesignating subparagraphs (B), (C), and (D) as paragraphs (C), (D), and (E), respectively; [[Page S2988]] (iii) by adding after subparagraph (A) the following: ``(B) Before the conclusion of removal proceedings.-- Permission to voluntarily depart under paragraph (2) shall not be valid for any period in excess of 60 days, and may be granted only after a finding that the alien has the means to depart the United States and intends to do so. An alien permitted to voluntarily depart under paragraph (2) shall post a voluntary departure bond, in an amount necessary to ensure that the alien will depart, to be surrendered upon proof that the alien has departed the United States within the time specified. An immigration judge may waive the requirement to post a voluntary departure bond in individual cases upon a finding that the alien has presented compelling evidence that the posting of a bond will pose a serious financial hardship and the alien has presented credible evidence that such a bond is unnecessary to guarantee timely departure.''; (iv) in subparagraph (C), as redesignated, by striking ``subparagraphs (C) and(D)(ii)'' and inserting ``subparagraphs (D) and (E)(ii)''; (v) in subparagraph (D), as redesignated, by striking ``subparagraph (B)'' each place that term appears and inserting ``subparagraph (C)''; and (vi) in subparagraph (E), as redesignated, by striking ``subparagraph (B)'' each place that term appears and inserting ``subparagraph (C)''; and (F) in paragraph (4), by striking ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; (2) in subsection (b)(2), by striking ``a period exceeding 60 days'' and inserting ``any period in excess of 45 days''; (3) by amending subsection (c) to read as follows: ``(c) Conditions on Voluntary Departure.-- ``(1) Voluntary departure agreement.--Voluntary departure may only be granted as part of an affirmative agreement by the alien. A voluntary departure agreement under subsection (b) shall include a waiver of the right to any further motion, appeal, application, petition, or petition for review relating to removal or relief or protection from removal. ``(2) Concessions by the secretary.--In connection with the alien's agreement to depart voluntarily under paragraph (1), the Secretary of Homeland Security may agree to a reduction in the period of inadmissibility under subparagraph (A) or (B)(i) of section 212(a)(9). ``(3) Advisals.--Agreements relating to voluntary departure granted during removal proceedings under section 240, or at the conclusion of such proceedings, shall be presented on the record before the immigration judge. The immigration judge shall advise the alien of the consequences of a voluntary departure agreement before accepting such agreement. ``(4) Failure to comply with agreement.-- ``(A) In general.--If an alien agrees to voluntary departure under this section and fails to depart the United States within the time allowed for voluntary departure or fails to comply with any other terms of the agreement (including failure to timely post any required bond), the alien is-- ``(i) ineligible for the benefits of the agreement; ``(ii) subject to the penalties described in subsection (d); and ``(iii) subject to an alternate order of removal if voluntary departure was granted under subsection (a)(2) or (b). ``(B) Effect of filing timely appeal.--If, after agreeing to voluntary departure, the alien files a timely appeal of the immigration judge's decision granting voluntary departure, the alien may pursue the appeal instead of the voluntary departure agreement. Such appeal operates to void the alien's voluntary departure agreement and the consequences of such agreement, but precludes the alien from another grant of voluntary departure while the alien remains in the United States. ``(5) Voluntary departure period not affected.--Except as expressly agreed to by the Secretary in writing in the exercise of the Secretary's discretion before the expiration of the period allowed for voluntary departure, no motion, appeal, application, petition, or petition for review shall affect, reinstate, enjoin, delay, stay, or toll the alien's obligation to depart from the United States during the period agreed to by the alien and the Secretary.''; (4) by amending subsection (d) to read as follows: ``(d) Penalties for Failure to Depart.--If an alien is permitted to voluntarily depart under this section and fails to voluntarily depart from the United States within the time period specified or otherwise violates the terms of a voluntary departure agreement, the alien will be subject to the following penalties: ``(1) Civil penalty.--The alien shall be liable for a civil penalty of $3,000. The order allowing voluntary departure shall specify the amount of the penalty, which shall be acknowledged by the alien on the record. If the Secretary thereafter establishes that the alien failed to depart voluntarily within the time allowed, no further procedure will be necessary to establish the amount of the penalty, and the Secretary may collect the civil penalty at any time thereafter and by whatever means provided by law. An alien will be ineligible for any benefits under this chapter until this civil penalty is paid. ``(2) Ineligibility for relief.--The alien shall be ineligible during the time the alien remains in the United States and for a period of 10 years after the alien's departure for any further relief under this section and sections 240A, 245, 248, and 249. The order permitting the alien to depart voluntarily shall inform the alien of the penalties under this subsection. ``(3) Reopening.--The alien shall be ineligible to reopen the final order of removal that took effect upon the alien's failure to depart, or upon the alien's other violations of the conditions for voluntary departure, during the period described in paragraph (2). This paragraph does not preclude a motion to reopen to seek withholding of removal under section 241(b)(3) or protection against torture, if the motion-- ``(A) presents material evidence of changed country conditions arising after the date of the order granting voluntary departure in the country to which the alien would be removed; and ``(B) makes a sufficient showing to the satisfaction of the Attorney General that the alien is otherwise eligible for such protection.''; and (5) by amending subsection (e) to read as follows: ``(e) Eligibility.-- ``(1) Prior grant of voluntary departure.--An alien shall not be permitted to voluntarily depart under this section if the Secretary of Homeland Security or the Attorney General previously permitted the alien to depart voluntarily. ``(2) Rulemaking.--The Secretary may promulgate regulations to limit eligibility or impose additional conditions for voluntary departure under subsection (a)(1) for any class of aliens. The Secretary or Attorney General may by regulation limit eligibility or impose additional conditions for voluntary departure under subsections (a)(2) or (b) of this section for any class or classes of aliens.''; and (6) in subsection (f), by adding at the end the following: ``Notwithstanding section 242(a)(2)(D) of this Act, sections 1361, 1651, and 2241 of title 28, United States Code, any other habeas corpus provision, and any other provision of law (statutory or nonstatutory), no court shall have jurisdiction to affect, reinstate, enjoin, delay, stay, or toll the period allowed for voluntary departure under this section.''. (b) Rulemaking.--The Secretary shall promulgate regulations to provide for the imposition and collection of penalties for failure to depart under section 240B(d) of the Immigration and Nationality Act (8 U.S.C. 1229c(d)). (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to all orders granting voluntary departure under section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) made on or after the date that is 180 days after the enactment of this Act. (2) Exception.--The amendment made by subsection (a)(6) shall take effect on the date of the enactment of this Act and shall apply with respect to any petition for review which is filed on or after such date. SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED STATES UNLAWFULLY. (a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended-- (1) in clause (i), by striking ``seeks admission within 5 years of the date of such removal (or within 20 years'' and inserting ``seeks admission not later than 5 years after the date of the alien's removal (or not later than 20 years after the alien's removal''; and (2) in clause (ii), by striking ``seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of'' and inserting ``seeks admission not later than 10 years after the date of the alien's departure or removal (or not later than 20 years after''. (b) Bar on Discretionary Relief.--Section 274D (9 U.S.C. 324d) is amended-- (1) in subsection (a), by striking ``Commissioner'' and inserting ``Secretary of Homeland Security''; and (2) by adding at the end the following: ``(c) Ineligibility for Relief.-- ``(1) In general.--Unless a timely motion to reopen is granted under section 240(c)(6), an alien described in subsection (a) shall be ineligible for any discretionary relief from removal (including cancellation of removal and adjustment of status) during the time the alien remains in the United States and for a period of 10 years after the alien's departure from the United States. ``(2) Savings provision.--Nothing in paragraph (1) shall preclude a motion to reopen to seek withholding of removal under section 241(b)(3) or protection against torture, if the motion-- ``(A) presents material evidence of changed country conditions arising after the date of the final order of removal in the country to which the alien would be removed; and ``(B) makes a sufficient showing to the satisfaction of the Attorney General that the alien is otherwise eligible for such protection.''. (c) Effective Dates.--The amendments made by this section shall take effect on the date of the enactment of this Act with respect to aliens who are subject to a final order of removal entered on or after such date. [[Page S2989]] SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF FIREARMS BY CERTAIN ALIENS. Section 922 of title 18, United States Code, is amended-- (1) in subsection (d)(5)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking ``(y)(2)'' and all that follows and inserting ``(y), is in a nonimmigrant classification; or''; and (C) by adding at the end the following: ``(C) has been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5));''; and (2) in subsection (g)(5)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking ``(y)(2)'' and all that follows and inserting ``(y), is in a nonimmigrant classification; or''; and (C) by adding at the end the following: ``(C) has been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5));''. (3) in subsection (y)-- (A) in the header, by striking ``Admitted Under Nonimmigrant Visas'' and inserting ``in a Nonimmigrant Classification''; (B) in paragraph (1), by amending subparagraph (B) to read as follows: ``(B) the term `nonimmigrant classification' includes all classes of nonimmigrant aliens described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), or otherwise described in the immigration laws (as defined in section 101(a)(17) of such Act).''; (C) in paragraph (2), by striking ``has been lawfully admitted to the United States under a nonimmigrant visa'' and inserting ``is in a nonimmigrant classification''; and (D) in paragraph (3)(A), by striking ``Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5)'' and inserting ``Any alien in a nonimmigrant classification may receive a waiver from the requirements of subsection (g)(5)(B)''. SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, NATURALIZATION, AND PEONAGE OFFENSES. (a) In General.--Section 3291 of title 18, United States Code, is amended to read as follows: ``Sec. 3291. Immigration, naturalization, and peonage offenses ``No person shall be prosecuted, tried, or punished for a violation of any section of chapters 69 (relating to nationality and citizenship offenses), 75 (relating to passport, visa, and immigration offenses), or 77 (relating to peonage, slavery, and trafficking in persons), for an attempt or conspiracy to violate any such section, for a violation of any criminal provision under section 243, 266, 274, 275, 276, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 1328), or for an attempt or conspiracy to violate any such section, unless the indictment is returned or the information filed not later than 10 years after the commission of the offense.''. (b) Clerical Amendment.--The table of sections for chapter 213 of title 18, United States Code, is amended by striking the item relating to section 3291 and inserting the following: ``3291. Immigration, naturalization, and peonage offenses.''. SEC. 215. DIPLOMATIC SECURITY SERVICE. Section 2709(a)(1) of title 22, United States Code, is amended to read as follows: ``(1) conduct investigations concerning-- ``(A) illegal passport or visa issuance or use; ``(B) identity theft or document fraud affecting or relating to the programs, functions, and authorities of the Department of State; ``(C) violations of chapter 77 of title 18, United States Code; and ``(D) Federal offenses committed within the special maritime and territorial jurisdiction of the United States (as defined in section 7(9) of title 18, United States Code);''. SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS. (a) In General.--Section 103 (8 U.S.C. 1103) is amended-- (1) by amending subsection (f) to read as follows: ``(f) Minimum Number of Agents in States.-- ``(1) In general.--The Secretary of Homeland Security shall allocate to each State-- ``(A) not fewer than 40 full-time active duty agents of the Bureau of Immigration and Customs Enforcement to-- ``(i) investigate immigration violations; and ``(ii) ensure the departure of all removable aliens; and ``(B) not fewer than 15 full-time active duty agents of the Bureau of Citizenship and Immigration Services to carry out immigration and naturalization adjudication functions. ``(2) Waiver.--The Secretary may waive the application of paragraph (1) for any State with a population of less than 2,000,000, as most recently reported by the Bureau of the Census''; and (2) by adding at the end the following: ``(i) Notwithstanding any other provision of law, appropriate background and security checks, as determined by the Secretary of Homeland Security, shall be completed and assessed and any suspected or alleged fraud relating to the granting of any status (including the granting of adjustment of status), relief, protection from removal, or other benefit under this Act shall be investigated and resolved before the Secretary or the Attorney General may-- ``(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence; ``(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or ``(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.''. (b) Effective Date.--The amendment made by subsection (a)(1) shall take effect on the date that is 90 days after the date of the enactment of this Act. SEC. 217. CONSTRUCTION. (a) In General.--Chapter 4 of title III (8 U.S.C. 1501 et seq.) is amended by adding at the end the following: ``SEC. 362. CONSTRUCTION. ``(a) In General.--Nothing in this Act or in any other provision of law shall be construed to require the Secretary of Homeland Security, the Attorney General, the Secretary of State, the Secretary of Labor, or any other authorized head of any Federal agency to grant any application, approve any petition, or grant or continue any status or benefit under the immigration laws by, to, or on behalf of-- ``(1) any alien described in subparagraph (A)(i), (A)(iii), (B), or (F) of section 212(a)(3) or subparagraph (A)(i), (A)(iii), or (B) of section 237(a)(4); ``(2) any alien with respect to whom a criminal or other investigation or case is pending that is material to the alien's inadmissibility, deportability, or eligibility for the status or benefit sought; or ``(3) any alien for whom all law enforcement checks, as deemed appropriate by such authorized official, have not been conducted and resolved. ``(b) Denial; Withholding.--An official described in subsection (a) may deny or withhold (with respect to an alien described in subsection (a)(1)) or withhold pending resolution of the investigation, case, or law enforcement checks (with respect to an alien described in paragraph (2) or (3) of subsection (a)) any such application, petition, status, or benefit on such basis.''. (b) Clerical Amendment.--The table of contents is amended by inserting after the item relating to section 361 the following: ``Sec. 362. Construction.''. SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. (a) Reimbursement for Costs Associated With Processing Criminal Illegal Aliens.--The Secretary shall reimburse States and units of local government for costs associated with processing undocumented criminal aliens through the criminal justice system, including-- (1) indigent defense; (2) criminal prosecution; (3) autopsies; (4) translators and interpreters; and (5) courts costs. (b) Authorization of Appropriations.-- (1) Processing criminal illegal aliens.--There are authorized to be appropriated $400,000,000 for each of the fiscal years 2007 through 2012 to carry out subsection (a). (2) Compensation upon request.--Section 241(i)(5) (8 U.S.C. 1231(i)) is amended to read as follows: ``(5) There are authorized to be appropriated to carry this subsection-- ``(A) such sums as may be necessary for fiscal year 2007; ``(B) $750,000,000 for fiscal year 2008; ``(C) $850,000,000 for fiscal year 2009; and ``(D) $950,000,000 for each of the fiscal years 2010 through 2012.''. (c) Technical Amendment.--Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''. SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS. (a) In General.--The Secretary shall provide sufficient transportation and officers to take illegal aliens apprehended by State and local law enforcement officers into custody for processing at a detention facility operated by the Department. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 through 2011 to carry out this section. SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS. (a) Grants Authorized.--The Secretary may award grants to Indian tribes with lands adjacent to an international border of the United States that have been adversely affected by illegal immigration. (b) Use of Funds.--Grants awarded under subsection (a) may be used for-- (1) law enforcement activities; (2) health care services; (3) environmental restoration; and (4) the preservation of cultural resources. [[Page S2990]] (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that-- (1) describes the level of access of Border Patrol agents on tribal lands; (2) describes the extent to which enforcement of immigration laws may be improved by enhanced access to tribal lands; (3) contains a strategy for improving such access through cooperation with tribal authorities; and (4) identifies grants provided by the Department for Indian tribes, either directly or through State or local grants, relating to border security expenses. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2007 through 2011 to carry out this section. SEC. 221. ALTERNATIVES TO DETENTION. The Secretary shall conduct a study of-- (1) the effectiveness of alternatives to detention, including electronic monitoring devices and intensive supervision programs, in ensuring alien appearance at court and compliance with removal orders; (2) the effectiveness of the Intensive Supervision Appearance Program and the costs and benefits of expanding that program to all States; and (3) other alternatives to detention, including-- (A) release on an order of recognizance; (B) appearance bonds; and (C) electronic monitoring devices. SEC. 222. CONFORMING AMENDMENT. Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is amended-- (1) by striking ``(i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and (ii)'' and inserting ``which is described in chapter 75 of title 18, United States Code, and''; and (2) by inserting the following: ``that is not described in section 1548 of such title (relating to increased penalties), and'' after ``first offense''. SEC. 223. REPORTING REQUIREMENTS. (a) Clarifying Address Reporting Requirements.--Section 265 (8 U.S.C. 1305) is amended-- (1) in subsection (a)-- (A) by striking ``notify the Attorney General in writing'' and inserting ``submit written or electronic notification to the Secretary of Homeland Security, in a manner approved by the Secretary,''; (B) by striking ``the Attorney General may require by regulation'' and inserting ``the Secretary may require''; and (C) by adding at the end the following: ``If the alien is involved in proceedings before an immigration judge or in an administrative appeal of such proceedings, the alien shall submit to the Attorney General the alien's current address and a telephone number, if any, at which the alien may be contacted.''; (2) in subsection (b), by striking ``Attorney General'' each place such term appears and inserting ``Secretary''; (3) in subsection (c), by striking ``given to such parent'' and inserting ``given by such parent''; and (4) by adding at the end the following: ``(d) Address to Be Provided.-- ``(1) In general.--Except as otherwise provided by the Secretary under paragraph (2), an address provided by an alien under this section shall be the alien's current residential mailing address, and shall not be a post office box or other non-residential mailing address or the address of an attorney, representative, labor organization, or employer. ``(2) Specific requirements.--The Secretary may provide specific requirements with respect to-- ``(A) designated classes of aliens and special circumstances, including aliens who are employed at a remote location; and ``(B) the reporting of address information by aliens who are incarcerated in a Federal, State, or local correctional facility. ``(3) Detention.--An alien who is being detained by the Secretary under this Act is not required to report the alien's current address under this section during the time the alien remains in detention, but shall be required to notify the Secretary of the alien's address under this section at the time of the alien's release from detention. ``(e) Use of Most Recent Address Provided by the Alien.-- ``(1) In general.--Notwithstanding any other provision of law, the Secretary may provide for the appropriate coordination and cross referencing of address information provided by an alien under this section with other information relating to the alien's address under other Federal programs, including-- ``(A) any information pertaining to the alien, which is submitted in any application, petition, or motion filed under this Act with the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor; ``(B) any information available to the Attorney General with respect to an alien in a proceeding before an immigration judge or an administrative appeal or judicial review of such proceeding; ``(C) any information collected with respect to nonimmigrant foreign students or exchange program participants under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372); and ``(D) any information collected from State or local correctional agencies pursuant to the State Criminal Alien Assistance Program. ``(2) Reliance.--The Secretary may rely on the most recent address provided by the alien under this section or section 264 to send to the alien any notice, form, document, or other matter pertaining to Federal immigration laws, including service of a notice to appear. The Attorney General and the Secretary may rely on the most recent address provided by the alien under section 239(a)(1)(F) to contact the alien about pending removal proceedings. ``(3) Obligation.--The alien's provision of an address for any other purpose under the Federal immigration laws does not excuse the alien's obligation to submit timely notice of the alien's address to the Secretary under this section (or to the Attorney General under section 239(a)(1)(F) with respect to an alien in a proceeding before an immigration judge or an administrative appeal of such proceeding).''. (b) Conforming Changes With Respect to Registration Requirements.--Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended-- (1) in section 262(c), by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; (2) in section 263(a), by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (3) in section 264-- (A) in subsections (a), (b), (c), and (d), by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; and (B) in subsection (f)-- (i) by striking ``Attorney General is authorized'' and inserting ``Secretary of Homeland Security and Attorney General are authorized''; and (ii) by striking ``Attorney General or the Service'' and inserting ``Secretary or the Attorney General''. (c) Penalties.--Section 266 (8 U.S.C. 1306) is amended-- (1) by amending subsection (b) to read as follows: ``(b) Failure to Provide Notice of Alien's Current Address.-- ``(1) Criminal penalties.--Any alien or any parent or legal guardian in the United States of any minor alien who fails to notify the Secretary of Homeland Security of the alien's current address in accordance with section 265 shall be fined under title 18, United States Code, imprisoned for not more than 6 months, or both. ``(2) Effect on immigration status.--Any alien who violates section 265 (regardless of whether the alien is punished under paragraph (1)) and does not establish to the satisfaction of the Secretary that such failure was reasonably excusable or was not willful shall be taken into custody in connection with removal of the alien. If the alien has not been inspected or admitted, or if the alien has failed on more than 1 occasion to submit notice of the alien's current address as required under section 265, the alien may be presumed to be a flight risk. The Secretary or the Attorney General, in considering any form of relief from removal which may be granted in the discretion of the Secretary or the Attorney General, may take into consideration the alien's failure to comply with section 265 as a separate negative factor. If the alien failed to comply with the requirements of section 265 after becoming subject to a final order of removal, deportation, or exclusion, the alien's failure shall be considered as a strongly negative factor with respect to any discretionary motion for reopening or reconsideration filed by the alien.''; (2) in subsection (c), by inserting ``or a notice of current address'' before ``containing statements''; and (3) in subsections (c) and (d), by striking ``Attorney General'' each place it appears and inserting ``Secretary''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to proceedings initiated on or after the date of the enactment of this Act. (2) Conforming and technical amendments.--The amendments made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection (a) are effective as if enacted on March 1, 2003. SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS. (a) In General.--Section 287(g) (8 U.S.C. 1357(g)) is amended-- (1) in paragraph (2), by adding at the end the following: ``If such training is provided by a State or political subdivision of a State to an officer or employee of such State or political subdivision of a State, the cost of such training (including applicable overtime costs) shall be reimbursed by the Secretary of Homeland Security.''; and (2) in paragraph (4), by adding at the end the following: ``The cost of any equipment required to be purchased under such written agreement and necessary to perform the functions under this subsection shall be reimbursed by the Secretary of Homeland Security.''. (b) Authorization of Appropriations.--There are authorized to be appropriated to [[Page S2991]] the Secretary such sums as may be necessary to carry out this section and the amendments made by this section. SEC. 225. REMOVAL OF DRUNK DRIVERS. (a) In General.--Section 101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is amended by inserting ``, including a third drunk driving conviction, regardless of the States in which the convictions occurred or whether the offenses are classified as misdemeanors or felonies under State law,'' after ``offense)''. (b) Effective Date.--The amendment made by subsection (a) shall-- (1) take effect on the date of the enactment of this Act; and (2) apply to convictions entered before, on, or after such date. SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS. Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking ``and before June 1, 2006.''. SEC. 227. EXPEDITED REMOVAL. (a) In General.--Section 238 (8 U.S.C. 1228) is amended-- (1) by striking the section heading and inserting ``expedited removal of criminal aliens''; (2) in subsection (a), by striking the subsection heading and inserting: ``Expedited Removal From Correctional Facilities.--''; (3) in subsection (b), by striking the subsection heading and inserting: ``Removal of Criminal Aliens.--''; (4) in subsection (b), by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--The Secretary of Homeland Security may, in the case of an alien described in paragraph (2), determine the deportability of such alien and issue an order of removal pursuant to the procedures set forth in this subsection or section 240. ``(2) Aliens described.--An alien is described in this paragraph if the alien-- ``(A) has not been lawfully admitted to the United States for permanent residence; and ``(B) was convicted of any criminal offense described in subparagraph (A)(iii), (C), or (D) of section 237(a)(2).''; (5) in the subsection (c) that relates to presumption of deportability, by striking ``convicted of an aggravated felony'' and inserting ``described in subsection (b)(2)''; (6) by redesignating the subsection (c) that relates to judicial removal as subsection (d); and (7) in subsection (d)(5) (as so redesignated), by striking ``, who is deportable under this Act,''. (b) Application to Certain Aliens.-- (1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C. 1225(b)(1)(A)(iii)) is amended-- (A) in subclause (I), by striking ``Attorney General'' and inserting ``Secretary of Homeland Security'' each place it appears; and (B) by adding at the end the following new subclause: ``(III) Exception.--Notwithstanding subclauses (I) and (II), the Secretary of Homeland Security shall apply clauses (i) and (ii) of this subparagraph to any alien (other than an alien described in subparagraph (F)) who is not a national of a country contiguous to the United States, who has not been admitted or paroled into the United States, and who is apprehended within 100 miles of an international land border of the United States and within 14 days of entry.''. (2) Exceptions.--Section 235(b)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended-- (A) by striking ``and who arrives by aircraft at a port of entry'' and inserting ``and--''; and (B) by adding at the end the following: ``(i) who arrives by aircraft at a port of entry; or ``(ii) who is present in the United States and arrived in any manner at or between a port of entry.''. (c) Limit on Injunctive Relief.--Section 242(f)(2) (8 U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether temporarily or otherwise,'' after ``enjoin''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to all aliens apprehended or convicted on or after such date. SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS. (a) Immigrants.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)), is amended-- (1) in subparagraph (A)(i), by striking ``Any'' and inserting ``Except as provided in clause (vii), any''; (2) in subparagraph (A), by inserting after clause (vi) the following: ``(vii) Clause (i) shall not apply to a citizen of the United States who has been convicted of an offense described in subparagraph (A), (I), or (K) of section 101(a)(43), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed.''; and (3) in subparagraph (B)(i)-- (A) by striking ``Any alien'' and inserting the following: ``(I) Except as provided in subclause (II), any alien''; and (B) by adding at the end the following: ``(II) Subclause (I) shall not apply in the case of an alien admitted for permanent residence who has been convicted of an offense described in subparagraph (A), (I), or (K) of section 101(a)(43), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the alien lawfully admitted for permanent residence poses no risk to the alien with respect to whom a petition described in subclause (I) is filed.''. (b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)), is amended by inserting ``(other than a citizen described in section 204(a)(1)(A)(vii))'' after ``citizen of the United States'' each place that phrase appears. SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY. (a) In General.--Title II (8 U.S.C. 1151 et. seq.) is amended by adding after section 240C the following new section: ``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY. ``(a) Authority.--Notwithstanding any other provision of law, law enforcement personnel of a State, or a political subdivision of a State, have the inherent authority of a sovereign entity to investigate, apprehend, arrest, detain, or transfer to Federal custody (including the transportation across State lines to detention centers) an alien for the purpose of assisting in the enforcement of the criminal provisions of the immigration laws of the United States in the normal course of carrying out the law enforcement duties of such personnel. This State authority has never been displaced or preempted by a Federal law. ``(b) Construction.--Nothing in this section shall be construed to require law enforcement personnel of a State or a political subdivision to assist in the enforcement of the immigration laws of the United States. ``(c) Transfer.--If the head of a law enforcement entity of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the apprehension or arrest of an alien submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary of Homeland Security-- ``(1) shall-- ``(A) deem the request to include the inquiry to verify immigration status described in section 642(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(c)), and expeditiously inform the requesting entity whether such individual is an alien lawfully admitted to the United States or is otherwise lawfully present in the United States; and ``(B) if the individual is an alien who is not lawfully admitted to the United States or otherwise is not lawfully present in the United States-- ``(i) take the illegal alien into the custody of the Federal Government not later than 72 hours after-- ``(I) the conclusion of the State charging process or dismissal process; or ``(II) the illegal alien is apprehended, if no State charging or dismissal process is required; or ``(ii) request that the relevant State or local law enforcement agency temporarily detain or transport the alien to a location for transfer to Federal custody; and ``(2) shall designate at least 1 Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for that State to transfer custody of aliens to the Department of Homeland Security. ``(d) Reimbursement.-- ``(1) In general.--The Secretary of Homeland Security shall reimburse a State, or a political subdivision of a State, for expenses, as verified by the Secretary, incurred by the State or political subdivision in the detention and transportation of an alien as described in subparagraphs (A) and (B) of subsection (c)(1). ``(2) Cost computation.--Compensation provided for costs incurred under subparagraphs (A) and (B) of subsection (c)(1) shall be-- ``(A) the product of-- ``(i) the average daily cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State (or, as appropriate, a political subdivision of the State); multiplied by ``(ii) the number of days that the alien was in the custody of the State or political subdivision; plus ``(B) the cost of transporting the alien from the point of apprehension or arrest to the location of detention, and if the location of detention and of custody transfer are different, to the custody transfer point; plus ``(C) the cost of uncompensated emergency medical care provided to a detained alien during the period between the time of transmittal of the request described in subsection (c) and the time of transfer into Federal custody. ``(e) Requirement for Appropriate Security.--The Secretary of Homeland Security shall ensure that-- ``(1) aliens incarcerated in a Federal facility pursuant to this section are held in facilities which provide an appropriate level of security; and ``(2) if practicable, aliens detained solely for civil violations of Federal immigration law are separated within a facility or facilities. ``(f) Requirement for Schedule.--In carrying out this section, the Secretary of Homeland Security shall establish a regular [[Page S2992]] circuit and schedule for the prompt transportation of apprehended aliens from the custody of those States, and political subdivisions of States, which routinely submit requests described in subsection (c), into Federal custody. ``(g) Authority for Contracts.-- ``(1) In general.--The Secretary of Homeland Security may enter into contracts or cooperative agreements with appropriate State and local law enforcement and detention agencies to implement this section. ``(2) Determination by secretary.--Prior to entering into a contract or cooperative agreement with a State or political subdivision of a State under paragraph (1), the Secretary shall determine whether the State, or if appropriate, the political subdivision in which the agencies are located, has in place any formal or informal policy that violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary shall not allocate any of the funds made available under this section to any State or political subdivision that has in place a policy that violates such section.''. (b) Authorization of Appropriations for the Detention and Transportation to Federal Custody of Aliens Not Lawfully Present.--There are authorized to be appropriated $850,000,000 for fiscal year 2007 and each subsequent fiscal year for the detention and removal of aliens not lawfully present in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et. seq.). SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS. Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by inserting ``section 1590 (relating to trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),'' after ``section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction),''; and (2) by inserting ``section 274(a) of the Immigration and Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and harboring certain aliens),'' after ``section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation smuggling),''. SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE. (a) Provision of Information to the National Crime Information Center.-- (1) In general.--Except as provided in paragraph (3), not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the head of the National Crime Information Center of the Department of Justice the information that the Secretary has or maintains related to any alien-- (A) against whom a final order of removal has been issued; (B) who enters into a voluntary departure agreement, or is granted voluntary departure by an immigration judge, whose period for departure has expired under subsection (a)(3) of section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) (as amended by section 211(a)(1)(C)), subsection (b)(2) of such section 240B, or who has violated a condition of a voluntary departure agreement under such section 240B; (C) whom a Federal immigration officer has confirmed to be unlawfully present in the United States; and (D) whose visa has been revoked. (2) Removal of information.--The head of the National Crime Information Center should promptly remove any information provided by the Secretary under paragraph (1) related to an alien who is granted lawful authority to enter or remain legally in the United States. (3) Procedure for removal of erroneous information.--The Secretary, in consultation with the head of the National Crime Information Center of the Department of Justice, shall develop and implement a procedure by which an alien may petition the Secretary or head of the National Crime Information Center, as appropriate, to remove any erroneous information provided by the Secretary under paragraph (1) related to such alien. Under such procedures, failure by the alien to receive notice of a violation of the immigration laws shall not constitute cause for removing information provided by the Secretary under paragraph (1) related to such alien, unless such information is erroneous. Notwithstanding the 180-day time period set forth in paragraph (1), the Secretary shall not provide the information required under paragraph (1) until the procedures required by this paragraph are developed and implemented. (b) Inclusion of Information in the National Crime Information Center Database.--Section 534(a) of title 28, United States Code, is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: ``(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States; and''. SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS. Not later than 2 years after the date of the enactment of this Act, the Secretary shall negotiate and execute, where practicable, a cooperative enforcement agreement described in section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) with at least 1 law enforcement agency in each State, to train law enforcement officers in the detection and apprehension of individuals engaged in transporting, harboring, sheltering, or encouraging aliens in violation of section 274 of such Act (8 U.S.C. 1324). SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990. (a) Construction or Acquisition of Detention Facilities.-- (1) In general.--The Secretary shall construct or acquire, in addition to existing facilities for the detention of aliens, 20 detention facilities in the United States that have the capacity to detain a combined total of not less than 10,000 individuals at any time for aliens detained pending removal or a decision on removal of such aliens from the United States. (2) Determination of location.--The location of any detention facility built or acquired in accordance with this subsection shall be determined with the concurrence of the Secretary by the senior officer responsible for Detention and Removal Operations in the Department. The detention facilities shall be located so as to enable the officers and employees of the Department to increase to the maximum extent practicable the annual rate and level of removals of illegal aliens from the United States. (3) Use of installations under base closure laws.--In acquiring detention facilities under this subsection, the Secretary shall consider the transfer of appropriate portions of military installations approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) for use in accordance with paragraph (1). (b) Technical and Conforming Amendment.--Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by striking ``may expend'' and inserting ``shall expend''. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED WITH FEDERAL OFFENSES. (a) Responsibility of United States Attorneys.--Beginning not later than 2 years after the date of the enactment of this Act, the office of the United States Attorney that is prosecuting a criminal case in a Federal court-- (1) shall determine, not later than 30 days after filing the initial pleadings in the case, whether each defendant in the case is lawfully present in the United States (subject to subsequent legal proceedings to determine otherwise); (2)(A) if the defendant is determined to be an alien lawfully present in the United States, shall notify the court in writing of the determination and the current status of the alien under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); and (B) if the defendant is determined not to be lawfully present in the United States, shall notify the court in writing of the determination, the defendant's alien status, and, to the extent possible, the country of origin or legal residence of the defendant; and (3) ensure that the information described in paragraph (2) is included in the case file and the criminal records system of the office of the United States attorney. (b) Guidelines.--A determination made under subsection (a)(1) shall be made in accordance with guidelines of the Executive Office for Immigration Review of the Department of Justice. (c) Responsibilities of Federal Courts.-- (1) Modifications of records and case managements systems.--Not later than 2 years after the date of the enactment of this Act, all Federal courts that hear criminal cases, or appeals of criminal cases, shall modify their criminal records and case management systems, in accordance with guidelines which the Director of the Administrative Office of the United States Courts shall establish, so as to enable accurate reporting of information described in subsection (a)(2). (2) Data entries.--Beginning not later than 2 years after the date of the enactment of this Act, each Federal court described in paragraph (1) shall enter into its electronic records the information contained in each notification to the court under subsection (a)(2). (d) Construction.--Nothing in this section may be construed to provide a basis for admitting evidence to a jury or releasing information to the public regarding an alien's immigration status. (e) Annual Report to Congress.--The Director of the Administrative Office of the United States Courts shall include, in the annual report filed with Congress under section 604 of title 28, United States Code-- (1) statistical information on criminal trials of aliens in the courts and criminal convictions of aliens in the lower courts and upheld on appeal, including the type of crime in each case and including information on the legal status of the aliens; and (2) recommendations on whether additional court resources are needed to accommodate the volume of criminal cases brought against aliens in the Federal courts. (f) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2007 through 2011, such sums as may be necessary to carry out this Act. Funds appropriated pursuant to this [[Page S2993]] subsection in any fiscal year shall remain available until expended. TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. (a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read as follows: ``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. ``(a) Making Employment of Unauthorized Aliens Unlawful.-- ``(1) In general.--It is unlawful for an employer-- ``(A) to hire, or to recruit or refer for a fee, an alien for employment in the United States knowing, or with reason to know, that the alien is an unauthorized alien with respect to such employment; or ``(B) to hire, or to recruit or refer for a fee, for employment in the United States an individual unless such employer meets the requirements of subsections (c) and (d). ``(2) Continuing employment.--It is unlawful for an employer, after lawfully hiring an alien for employment, to continue to employ the alien in the United States knowing or with reason to know that the alien is (or has become) an unauthorized alien with respect to such employment. ``(3) Use of labor through contract.--In this section, an employer who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, to obtain the labor of an alien in the United States knowing, or with reason to know, that the alien is an unauthorized alien with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A). ``(4) Rebuttable presumption of unlawful hiring.--If the Secretary determines that an employer has hired more than 10 unauthorized aliens during a calendar year, a rebuttable presumption is created for the purpose of a civil enforcement proceeding, that the employer knew or had reason to know that such aliens were unauthorized. ``(5) Defense.-- ``(A) In general.--Subject to subparagraph (B), an employer that establishes that the employer has complied in good faith with the requirements of subsections (c) and (d) has established an affirmative defense that the employer has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral. ``(B) Exception.--Until the date that an employer is required to participate in the Electronic Employment Verification System under subsection (d) or is permitted to participate in such System on a voluntary basis, the employer may establish an affirmative defense under subparagraph (A) without a showing of compliance with subsection (d). ``(b) Order of Internal Review and Certification of Compliance.-- ``(1) Authority to require certification.--If the Secretary has reasonable cause to believe that an employer has failed to comply with this section, the Secretary is authorized, at any time, to require that the employer certify that the employer is in compliance with this section, or has instituted a program to come into compliance. ``(2) Content of certification.--Not later than 60 days after the date an employer receives a request for a certification under paragraph (1) the chief executive officer or similar official of the employer shall certify under penalty of perjury that-- ``(A) the employer is in compliance with the requirements of subsections (c) and (d); or ``(B) that the employer has instituted a program to come into compliance with such requirements. ``(3) Extension.--The 60-day period referred to in paragraph (2), may be extended by the Secretary for good cause, at the request of the employer. ``(4) Publication.--The Secretary is authorized to publish in the Federal Register standards or methods for certification and for specific record-keeping practices with respect to such certification, and procedures for the audit of any records related to such certification. ``(c) Document Verification Requirements.--An employer hiring, or recruiting or referring for a fee, an individual for employment in the United States shall take all reasonable steps to verify that the individual is eligible for such employment. Such steps shall include meeting the requirements of subsection (d) and the following paragraphs: ``(1) Attestation by employer.-- ``(A) Requirements.-- ``(i) In general.--The employer shall attest, under penalty of perjury and on a form prescribed by the Secretary, that the employer has verified the identity and eligibility for employment of the individual by examining-- ``(I) a document described in subparagraph (B); or ``(II) a document described in subparagraph (C) and a document described in subparagraph (D). ``(ii) Signature requirements.--An attestation required by clause (i) may be manifested by a handwritten or electronic signature. ``(iii) Standards for examination.--An employer has complied with the requirement of this paragraph with respect to examination of documentation if, based on the totality of the circumstances, a reasonable person would conclude that the document examined is genuine and establishes the individual's identity and eligibility for employment in the United States. ``(iv) Requirements for employment eligibility system participants.--A participant in the Electronic Employment Verification System established under subsection (d), regardless of whether such participation is voluntary or mandatory, shall be permitted to utilize any technology that is consistent with this section and with any regulation or guidance from the Secretary to streamline the procedures to comply with the attestation requirement, and to comply with the employment eligibility verification requirements contained in this section. ``(B) Documents establishing both employment eligibility and identity.--A document described in this subparagraph is an individual's-- ``(i) United States passport; or ``(ii) permanent resident card or other document designated by the Secretary, if the document-- ``(I) contains a photograph of the individual and such other personal identifying information relating to the individual that the Secretary proscribes in regulations is sufficient for the purposes of this subparagraph; ``(II) is evidence of eligibility for employment in the United States; and ``(III) contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use. ``(C) Documents evidencing employment eligibility.--A document described in this subparagraph is an individual's-- ``(i) social security account number card issued by the Commissioner of Social Security (other than a card which specifies on its face that the issuance of the card does not authorize employment in the United States); or ``(ii) any other documents evidencing eligibility of employment in the United States, if-- ``(I) the Secretary has published a notice in the Federal Register stating that such document is acceptable for purposes of this subparagraph; and ``(II) contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use. ``(D) Documents establishing identity of individual.--A document described in this subparagraph is an individual's-- ``(i) driver's license or identity card issued by a State, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States that complies with the requirements of the REAL ID Act of 2005 (division B of Public Law 109-13; 119 Stat. 302); ``(ii) driver's license or identity card issued by a State, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States that is not in compliance with the requirements of the REAL ID Act of 2005, if the license or identity card-- ``(I) is not required by the Secretary to comply with such requirements; and ``(II) contains the individual's photograph or information, including the individual's name, date of birth, gender, and address; and ``(iii) identification card issued by a Federal agency or department, including a branch of the Armed Forces, or an agency, department, or entity of a State, or a Native American tribal document, provided that such card or document-- ``(I) contains the individual's photograph or information including the individual's name, date of birth, gender, eye color, and address; and ``(II) contains security features to make the card resistant to tampering, counterfeiting, and fraudulent use; or ``(iv) in the case of an individual who is under 16 years of age who is unable to present a document described in clause (i), (ii), or (iii), a document of personal identity of such other type that-- ``(I) the Secretary determines is a reliable means of identification; and ``(II) contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use. ``(E) Authority to prohibit use of certain documents.-- ``(i) Authority.--If the Secretary finds that a document or class of documents described in subparagraph (B), (C), or (D) is not reliable to establish identity or eligibility for employment (as the case may be) or is being used fraudulently to an unacceptable degree, the Secretary is authorized to prohibit, or impose conditions, on the use of such document or class of documents for purposes of this subsection. ``(ii) Requirement for publication.--The Secretary shall publish notice of any findings under clause (i) in the Federal Register. ``(2) Attestation of employee.-- ``(A) Requirements.-- ``(i) In general.--The individual shall attest, under penalty of perjury on the form prescribed by the Secretary, that the individual is a national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary to be hired, recruited or referred for a fee, in the United States. ``(ii) Signature for examination.--An attestation required by clause (i) may be manifested by a handwritten or electronic signature. ``(B) Penalties.--An individual who falsely represents that the individual is eligible for [[Page S2994]] employment in the United States in an attestation required by subparagraph (A) shall, for each such violation, be subject to a fine of not more than $5,000, a term of imprisonment not to exceed 3 years, or both. ``(3) Retention of attestation.--An employer shall retain a paper, microfiche, microfilm, or electronic version of an attestation submitted under paragraph (1) or (2) for an individual and make such attestations available for inspection by an officer of the Department of Homeland Security, any other person designated by the Secretary, the Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice, or the Secretary of Labor during a period beginning on the date of the hiring, or recruiting or referring for a fee, of the individual and ending-- ``(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, 7 years after the date of the recruiting or referral; or ``(B) in the case of the hiring of an individual the later of-- ``(i) 7 years after the date of such hiring; ``(ii) 1 year after the date the individual's employment is terminated; or ``(iii) in the case of an employer or class of employers, a period that is less than the applicable period described in clause (i) or (ii) if the Secretary reduces such period for such employer or class of employers. ``(4) Document retention and record keeping requirements.-- ``(A) Retention of documents.--An employer shall retain, for the applicable period described in paragraph (3), the following documents: ``(i) In general.--Notwithstanding any other provision of law, the employer shall copy all documents presented by an individual pursuant to this subsection and shall retain paper, microfiche, microfilm, or electronic copies of such documents. Such copies shall reflect the signature of the employer and the individual and the date of receipt of such documents. ``(ii) Use of retained documents.--An employer shall use copies retained under clause (i) only for the purposes of complying with the requirements of this subsection, except as otherwise permitted under law. ``(B) Retention of social security correspondence.--The employer shall maintain records related to an individual of any no-match notice from the Commissioner of Social Security regarding the individual's name or corresponding social security account number and the steps taken to resolve each issue described in the no-match notice. ``(C) Retention of clarification documents.--The employer shall maintain records of any actions and copies of any correspondence or action taken by the employer to clarify or resolve any issue that raises reasonable doubt as to the validity of the individual's identity or eligibility for employment in the United States. ``(D) Retention of other records.--The Secretary may require that an employer retain copies of additional records related to the individual for the purposes of this section. ``(5) Penalties.--An employer that fails to comply with the requirement of this subsection shall be subject to the penalties described in subsection (e)(4)(B). ``(6) No authorization of national identification cards.-- Nothing in this section may be construed to authorize, directly or indirectly, the issuance, use, or establishment of a national identification card. ``(d) Electronic Employment Verification System.-- ``(1) Requirement for system.--The Secretary, in cooperation with the Commissioner of Social Security, shall implement an Electronic Employment Verification System (referred to in this subsection as the `System') as described in this subsection. ``(2) Management of system.-- ``(A) In general.--The Secretary shall, through the System-- ``(i) provide a response to an inquiry made by an employer through the Internet or other electronic media or over a telephone line regarding an individual's identity and eligibility for employment in the United States; ``(ii) establish a set of codes to be provided through the System to verify such identity and authorization; and ``(iii) maintain a record of each such inquiry and the information and codes provided in response to such inquiry. ``(B) Initial response.--Not later than 3 days after an employer submits an inquiry to the System regarding an individual, the Secretary shall provide, through the System, to the employer-- ``(i) if the System is able to confirm the individual's identity and eligibility for employment in the United States, a confirmation notice, including the appropriate codes on such confirmation notice; or ``(ii) if the System is unable to confirm the individual's identity or eligibility for employment in the United States, a tentative nonconfirmation notice, including the appropriate codes for such nonconfirmation notice. ``(C) Verification process in case of a tentative nonconfirmation notice.-- ``(i) In general.--If a tentative nonconfirmation notice is issued under subparagraph (B)(ii), not later than 10 days after the date an individual submits information to contest such notice under paragraph (7)(C)(ii)(III), the Secretary, through the System, shall issue a final confirmation notice or a final nonconfirmation notice to the employer, including the appropriate codes for such notice. ``(ii) Development of process.--The Secretary shall consult with the Commissioner of Social Security to develop a verification process to be used to provide a final confirmation notice or a final nonconfirmation notice under clause (i). ``(D) Design and operation of system.--The Secretary, in consultation with the Commissioner of Social Security, shall design and operate the System-- ``(i) to maximize reliability and ease of use by employers in a manner that protects and maintains the privacy and security of the information maintained in the System; ``(ii) to respond to each inquiry made by an employer; and ``(iii) to track and record any occurrence when the System is unable to receive such an inquiry; ``(iv) to include appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; ``(v) to allow for monitoring of the use of the System and provide an audit capability; and ``(vi) to have reasonable safeguards, developed in consultation with the Attorney General, to prevent employers from engaging in unlawful discriminatory practices, based on national origin or citizenship status. ``(E) Responsibilities of the commissioner of social security.--The Commissioner of Social Security shall establish a reliable, secure method to provide through the System, within the time periods required by subparagraphs (B) and (C)-- ``(i) a determination of whether the name and social security account number provided in an inquiry by an employer match such information maintained by the Commissioner in order to confirm the validity of the information provided; ``(ii) a determination of whether such social security account number was issued to the named individual; ``(iii) a determination of whether such social security account number is valid for employment in the United States; and ``(iv) a confirmation notice or a nonconfirmation notice under subparagraph (B) or (C), in a manner that ensures that other information maintained by the Commissioner is not disclosed or released to employers through the System. ``(F) Responsibilities of the secretary.--The Secretary shall establish a reliable, secure method to provide through the System, within the time periods required by subparagraphs (B) and (C)-- ``(i) a determination of whether the name and alien identification or authorization number provided in an inquiry by an employer match such information maintained by the Secretary in order to confirm the validity of the information provided; ``(ii) a determination of whether such number was issued to the named individual; ``(iii) a determination of whether the individual is authorized to be employed in the United States; and ``(iv) any other related information that the Secretary may require. ``(G) Updating information.--The Commissioner of Social Security and the Secretary shall update the information maintained in the System in a manner that promotes maximum accuracy and shall provide a process for the prompt correction of erroneous information. ``(3) Requirements for participation.--Except as provided in paragraphs (4) and (5), the Secretary shall require employers to participate in the System as follows: ``(A) Critical employers.-- ``(i) Required participation.--As of the date that is 180 days after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall require any employer or class of employers to participate in the System, with respect to employees hired by the employer prior to, on, or after such date of enactment, if the Secretary determines, in the Secretary's sole and unreviewable discretion, such employer or class of employer is-- ``(I) part of the critical infrastructure of the United States; or ``(II) directly related to the national security or homeland security of the United States. ``(ii) Discretionary participation.--As of the date that is 180 days after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary may require an additional employer or class of employers to participate in the System with respect to employees hired on or after such date if the Secretary designates such employer or class of employers, in the Secretary's sole and unreviewable discretion, as a critical employer based on immigration enforcement or homeland security needs. ``(B) Large employers.--Not later than 2 years after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall require an employer with 5,000 or more employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. ``(C) Midsized employers.--Not later than 3 years after the date of enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall require an employer with less than 5,000 employees and with 1,000 or more employees in the United States to participate in the System, with respect to all [[Page S2995]] employees hired by the employer after the date the Secretary requires such participation. ``(D) Small employers.--Not later than 4 years after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall require all employers with less than 1,000 employees and with 250 or more employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. ``(E) Remaining employers.--Not later than 5 years after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, the Secretary shall require all employers in the United States to participate in the System, with respect to all employees hired by an employer after the date the Secretary requires such participation. ``(F) Requirement to publish.--The Secretary shall publish in the Federal Register the requirements for participation in the System as described in subparagraphs (A), (B), (C), (D), and (E) prior to the effective date of such requirements. ``(4) Other participation in system.--Notwithstanding paragraph (3), the Secretary has the authority, in the Secretary's sole and unreviewable discretion-- ``(A) to permit any employer that is not required to participate in the System under paragraph (3) to participate in the System on a voluntary basis; and ``(B) to require any employer that is required to participate in the System under paragraph (3) with respect to newly hired employees to participate in the System with respect to all employees hired by the employer prior to, on, or after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, if the Secretary has reasonable cause to believe that the employer has engaged in violations of the immigration laws. ``(5) Waiver.--The Secretary is authorized to waive or delay the participation requirements of paragraph (3) with respect to any employer or class of employers if the Secretary provides notice to Congress of such waiver prior to the date such waiver is granted. ``(6) Consequence of failure to participate.--If an employer is required to participate in the System and fails to comply with the requirements of the System with respect to an individual-- ``(A) such failure shall be treated as a violation of subsection (a)(1)(B) of this section with respect to such individual; and ``(B) a rebuttable presumption is created that the employer has violated subsection (a)(1)(A) of this section, however such presumption may not apply to a prosecution under subsection (f)(1). ``(7) System requirements.-- ``(A) In general.--An employer that participates in the System, with respect to the hiring, or recruiting or referring for a fee, any individual for employment in the United States, shall-- ``(i) obtain from the individual and record on the form designated by the Secretary-- ``(I) the individual's social security account number; and ``(II) in the case of an individual who does not attest that the individual is a national of the United States under subsection (c)(2), such identification or authorization number that the Secretary shall require; and ``(ii) retain the original of such form and make such form available for inspection for the periods and in the manner described in subsection (c)(3). ``(B) Seeking verification.--The employer shall submit an inquiry through the System to seek confirmation of the individual's identity and eligibility for employment in the United States-- ``(i) not later than 3 working days (or such other reasonable time as may be specified by the Secretary of Homeland Security) after the date of the hiring, or recruiting or referring for a fee, of the individual (as the case may be); or ``(ii) in the case of an employee hired prior to the date of enactment of the Comprehensive Immigration Reform Act of 2006, at such time as the Secretary shall specify. ``(C) Confirmation or nonconfirmation.-- ``(i) Confirmation upon initial inquiry.--If an employer receives a confirmation notice under paragraph (2)(B)(i) for an individual, the employer shall record, on the form specified by the Secretary, the appropriate code provided in such notice. ``(ii) Nonconfirmation and verification.-- ``(I) Nonconfirmation.--If an employer receives a tentative nonconfirmation notice under paragraph (2)(B)(ii) for an individual, the employer shall inform such individual of the issuances of such notice in writing and the individual may contest such nonconfirmation notice. ``(II) No contest.--If the individual does not contest the tentative nonconfirmation notice under subclause (I) within 10 days of receiving notice from the individual's employer, the notice shall become final and the employer shall record on the form specified by the Secretary, the appropriate code provided in the nonconfirmation notice. ``(III) Contest.--If the individual contests the tentative nonconfirmation notice under subclause (I), the individual shall submit appropriate information to contest such notice to the System within 10 days of receiving notice from the individual's employer and shall utilize the verification process developed under paragraph (2)(C)(ii). ``(IV) Effective period of tentative nonconfirmation.--A tentative nonconfirmation notice shall remain in effect until a final such notice becomes final under clause (II) or a final confirmation notice or final nonconfirmation notice is issued by the System. ``(V) Prohibition on termination.--An employer may not terminate the employment of an individual based on a tentative nonconfirmation notice until such notice becomes final under clause (II) or a final nonconfirmation notice is issued for the individual by the System. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. ``(VI) Recording of conclusion on form.--If a final confirmation or nonconfirmation is provided by the System regarding an individual, the employer shall record on the form designated by the Secretary the appropriate code that is provided under the System to indicate a confirmation or nonconfirmation of the identity and employment eligibility of the individual. ``(D) Consequences of nonconfirmation.-- ``(i) Termination of continued employment.--If the employer has received a final nonconfirmation regarding an individual, the employer shall terminate the employment, recruitment, or referral of the individual. Such employer shall provide to the Secretary any information relating to the nonconfirmed individual that the Secretary determines would assist the Secretary in enforcing or administering the immigration laws. If the employer continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated subsections (a)(1)(A) and (a)(2). Such presumption may not apply to a prosecution under subsection (f)(1). ``(8) Protection from liability.--No employer that participates in the System shall be liable under any law for any employment-related action taken with respect to an individual in good faith reliance on information provided by the System. ``(9) Limitation on use of the system.--Notwithstanding any other provision of law, nothing in this subsection shall be construed to permit or allow any department, bureau, or other agency of the United States to utilize any information, database, or other records used in the System for any purpose other than as provided for under this subsection. ``(10) Modification authority.--The Secretary, after notice is submitted to Congress and provided to the public in the Federal Register, is authorized to modify the requirements of this subsection, including requirements with respect to completion of forms, method of storage, attestations, copying of documents, signatures, methods of transmitting information, and other operational and technical aspects to improve the efficiency, accuracy, and security of the System. ``(11) Fees.--The Secretary is authorized to require any employer participating in the System to pay a fee or fees for such participation. The fees may be se