`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2454 Placed on Calendar Senate (PCS)]







                                                       Calendar No. 376
109th CONGRESS
  2d Session
                                S. 2454

      To amend the Immigration and Nationality Act to provide for 
              comprehensive reform and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 16 (legislative day, March 15), 2006

   Mr. Frist introduced the following bill; which was read twice and 
                  ordered to be placed on the calendar

_______________________________________________________________________

                                 A BILL


 
      To amend the Immigration and Nationality Act to provide for 
              comprehensive reform and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Securing America's 
Borders Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

        Subtitle A--Assets for Controlling United States Borders

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

Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North 
                            American security.
Sec. 114. Improving the security of Mexico's southern border.
             Subtitle C--Other Border Security Initiatives

Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure Border Initiative financial accountability.
                     TITLE II--INTERIOR ENFORCEMENT

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

Sec. 301. Unlawful employment of aliens.
Sec. 302. Employer Compliance Fund.
Sec. 303. Additional worksite enforcement and fraud detection agents.
Sec. 304. Clarification of ineligibility for misrepresentation.
  TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS AND ALIENS WITH 
                            ADVANCED DEGREES

Sec. 401. Elimination of existing backlogs.
Sec. 402. Country limits.
Sec. 403. Allocation of immigrant visas.
Sec. 404. Relief for minor children.
Sec. 405. Student visas.
Sec. 406. Visas for individuals with advanced degrees.
Sec. 407. Medical services in underserved areas.
               TITLE V--IMMIGRATION LITIGATION REDUCTION

Sec. 501. Consolidation of immigration appeals.
Sec. 502. Additional immigration personnel.
Sec. 503. Board of immigration appeals removal order authority.
Sec. 504. Judicial review of visa revocation.
Sec. 505. Reinstatement of removal orders.
Sec. 506. Withholding of removal.
Sec. 507. Certificate of reviewability.
Sec. 508. Discretionary decisions on motions to reopen or reconsider.
Sec. 509. Prohibition of attorney fee awards for review of final orders 
                            of removal.
Sec. 510. Board of Immigration Appeals.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Technical and conforming amendments.

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

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

SEC. 3. DEFINITIONS.

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

                      TITLE I--BORDER ENFORCEMENT

        Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

    (a) Additional Personnel.--
            (1) Customs and border protection officers.--In each of the 
        fiscal years 2007 through 2011, the Secretary shall, subject to 
        the availability of appropriations, increase by not less than 
        250 the number of positions for full-time active duty Customs 
        and Border Protection officers.
            (2) 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 250 
        the number of positions for full-time active duty port of entry 
        inspectors and provide appropriate training, equipment, and 
        support to such additional inspectors.
            (3) Border patrol agent.--Section 5202 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (Public Law 108-
        458; 118 Stat. 3734) is amended--
                    (A) by striking ``2010'' both places it appears and 
                inserting ``2011''; and
                    (B) by striking ``2,000'' and inserting ``2,400''.
            (4) Investigative personnel.--
                    (A) Immigration and customs enforcement 
                inspectors.--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) Customs and border protection officers.--There are 
        authorized to be appropriated to the Secretary such sums as may 
        be necessary for each of the fiscal years 2007 through 2011 to 
        carry out paragraph (1) of subsection (a).
            (2) 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 (2) of subsection (a).
            (3) Border patrol agents.--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 section 
        5202 of the Intelligence Reform and Terrorism Prevention Act of 
        2004 (Public Law 108-458; 118 Stat. 3734), as amended by 
        subsection (a)(3).

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

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

SEC. 111. SURVEILLANCE PLAN.

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

SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.

    (a) Requirement for Strategy.--The Secretary, in consultation with 
the heads of other appropriate Federal agencies, shall develop a 
National Strategy for Border Security that describes actions to be 
carried out to achieve operational control over all ports of entry into 
the United States and the international land and maritime borders of 
the United States.
    (b) Content.--The National Strategy for Border Security shall 
include the following:
            (1) The implementation schedule for the comprehensive plan 
        for systematic surveillance described in section 111.
            (2) An assessment of the threat posed by terrorists and 
        terrorist groups that may try to infiltrate the United States 
        at locations along the international land and maritime borders 
        of the United States.
            (3) A risk assessment for all United States ports of entry 
        and all portions of the international land and maritime borders 
        of the United States that includes a description of activities 
        being undertaken--
                    (A) to prevent the entry of terrorists, other 
                unlawful aliens, instruments of terrorism, 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, and 
        civil liberties, including an assessment of efforts to take 
        into account asylum seekers, trafficking victims, unaccompanied 
        minor aliens, and other vulnerable populations.
            (9) A prioritized list of research and development 
        objectives to enhance the security of the international land 
        and maritime borders of the United States.
            (10) A description of ways to ensure that the free flow of 
        travel and commerce is not diminished by efforts, activities, 
        and programs aimed at securing the international land and 
        maritime borders of the United States.
            (11) An assessment of additional detention facilities and 
        beds that are needed to detain unlawful aliens apprehended at 
        United States ports of entry or along the international land 
        borders of the United States.
            (12) A description of the performance metrics to be used to 
        ensure accountability by the bureaus of the Department in 
        implementing such Strategy.
            (13) A schedule for the implementation of the security 
        measures described in such Strategy, including a prioritization 
        of security measures, realistic deadlines for addressing the 
        security and enforcement needs, an estimate of the resources 
        needed to carry out such measures, and a description of how 
        such resources should be allocated.
    (c) Consultation.--In developing the National Strategy for Border 
Security, the Secretary shall consult with representatives of--
            (1) State, local, and tribal authorities with 
        responsibility for locations along the international land and 
        maritime borders of the United States; and
            (2) appropriate private sector entities, nongovernmental 
        organizations, and affected communities that have expertise in 
        areas related to border security.
    (d) Coordination.--The National Strategy for Border Security shall 
be consistent with the National Strategy for Maritime Security 
developed pursuant to Homeland Security Presidential Directive 13, 
dated December 21, 2004.
    (e) Submission to Congress.--
            (1) Strategy.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall submit to Congress 
        the National Strategy for Border Security.
            (2) Updates.--The Secretary shall submit to Congress any 
        update of such Strategy that the Secretary determines is 
        necessary, not later than 30 days after such update is 
        developed.
    (f) Immediate Action.--Nothing in this section or section 111 may 
be construed to relieve the Secretary of the responsibility to take all 
actions necessary and appropriate to achieve and maintain operational 
control over the entire international land and maritime borders of the 
United States.

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

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

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

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

             Subtitle C--Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.

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

SEC. 122. SECURE COMMUNICATION.

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

SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.

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

SEC. 124. US-VISIT SYSTEM.

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

SEC. 125. DOCUMENT FRAUD DETECTION.

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

SEC. 126. IMPROVED DOCUMENT INTEGRITY.

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

SEC. 127. CANCELLATION OF VISAS.

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

SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.

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

SEC. 129. BORDER STUDY.

    (a) Southern Border Study.--The Secretary, in consultation with the 
Attorney General, the Secretary of the Interior, the Secretary of 
Agriculture, the Secretary of Defense, the Secretary of Commerce, and 
the Administrator of the Environmental Protection Agency, shall conduct 
a study on the construction of a system of physical barriers along the 
southern international land and maritime border of the United States. 
The study shall include--
            (1) an assessment of the necessity of constructing such a 
        system, including the identification of areas of high priority 
        for the construction of such a system determined after 
        consideration of factors including the amount of narcotics 
        trafficking and the number of illegal immigrants apprehended in 
        such areas;
            (2) an assessment of the feasibility of constructing such a 
        system;
            (3) an assessment of the international, national, and 
        regional environmental impact of such a system, including the 
        impact on zoning, global climate change, ozone depletion, 
        biodiversity loss, and transboundary pollution;
            (4) an assessment of the necessity for ports of entry along 
        such a system;
            (5) an assessment of the impact such a system would have on 
        international trade, commerce, and tourism;
            (6) an assessment of the effect of such a system on private 
        property rights including issues of eminent domain and riparian 
        rights;
            (7) an estimate of the costs associated with building a 
        barrier system, including costs associated with excavation, 
        construction, and maintenance; and
            (8) an assessment of the effect of such a system on Indian 
        reservations and units of the National Park System.
    (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 of Homeland Security 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.

                     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--
                    (A) any aliens in a removal, deportation, or 
                exclusion proceeding pending on or after the date of 
                the enactment of this Act; and
                    (B) any act or condition constituting a ground for 
                inadmissibility, excludability, or removal occurring or 
                existing before, on, or after the date of the enactment 
                of this Act.

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

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

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

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

SEC. 203. AGGRAVATED FELONY.

    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 
        (including any provision providing an effective date), 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 (N), by striking ``paragraph (1)(A) or 
        (2) of'';
            (3) 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'';
            (4) 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
            (5) by striking the undesignated matter following 
        subparagraph (U).

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: ``The petitioner 
        shall have the burden of showing that the Secretary's denial of 
        the application was contrary to law. Except in a proceeding 
        under section 340, and notwithstanding any other provision of 
        law, no court shall have jurisdiction to determine, or to 
        review a determination of the Secretary regarding, whether, for 
        purposes of an application for naturalization, an alien--
            ``(1) is a person of good moral character;
            ``(2) understands and is attached to the principles of the 
        Constitution of the United States; or
            ``(3) is well disposed to the good order and happiness of 
        the United States.''.
    (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. Such district court shall only have jurisdiction 
to review the basis for delay and remand the matter to the Secretary of 
Homeland Security 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;
            (2) shall apply to any act that occurred before, on, or 
        after such date of enactment; and
            (3) shall apply to any application for naturalization or 
        any other case or matter under the immigration laws pending on, 
        or filed after, such date of enactment.

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

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

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

    ``(a) Criminal Offenses and Penalties.--
            ``(1) Prohibited activities.--Except as provided in 
        paragraph (3), a person shall be punished as provided under 
        paragraph (2), if the person--
                    ``(A) facilitates, encourages, directs, or induces 
                a person to come to or enter the United States, or to 
                cross the border to the United States, knowing or in 
                reckless disregard of the fact that such person is an 
                alien who lacks lawful authority to come to, enter, or 
                cross the border to the United States;
                    ``(B) facilitates, encourages, directs, or induces 
                a person to come to or enter the United States, or to 
                cross the border to the United States, at a place other 
                than a designated port of entry or place other than as 
                designated by the Secretary of Homeland Security, 
                knowing or in reckless disregard of the fact that such 
                person is an alien and regardless of whether such alien 
                has official permission or lawful authority to be in 
                the United States;
                    ``(C) transports, moves, harbors, conceals, or 
                shields from detection a person outside of the United 
                States knowing or in reckless disregard of the fact 
                that such person is an alien in unlawful transit from 1 
                country to another or on the high seas, under 
                circumstances in which the alien is seeking to enter 
                the United States without official permission or legal 
                authority;
                    ``(D) encourages or induces a person to reside or 
                remain 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 or remain 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 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, 
                provided that such assistance is rendered without 
                compensation or the expectation of compensation.
            ``(4) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over the offenses 
        described in this subsection.
    ``(b) Employment of Unauthorized Aliens.--
            ``(1) Criminal offense and penalties.--Any person who, 
        during any 12-month period, knowingly employs 10 or more 
        individuals with actual knowledge or in reckless disregard of 
        the fact that the individuals are aliens described in paragraph 
        (2), shall be fined under title 18, United States Code, 
        imprisoned for not more than 10 years, or both.
            ``(2) Definition.--An alien described in this paragraph is 
        an alien who--
                    ``(A) is an unauthorized alien (as defined in 
                section 274A(h)(3));
                    ``(B) is present in the United States without 
                lawful authority; and
                    ``(C) has been brought into the United States in 
                violation of this subsection.
    ``(c) Seizure and Forfeiture.--
            ``(1) In general.--Any real or personal property used to 
        commit or facilitate the commission of a violation of this 
        section, the gross proceeds of such violation, and any property 
        traceable to such property or proceeds, shall be subject to 
        forfeiture.
            ``(2) Applicable procedures.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46 of 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 OR UNLAWFUL PRESENCE OF AN ALIEN.

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

``SEC. 275. ILLEGAL ENTRY OR UNLAWFUL PRESENCE OF AN ALIEN.

    ``(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;
                    ``(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; or
                    ``(D) is otherwise present in the United States, 
                knowing that such presence violates the terms and 
                conditions of any admission, parole, immigration 
                status, or authorized stay granted the alien under this 
                Act.
            ``(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.
    ``(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 or unlawful presence of an alien.''.

SEC. 207. ILLEGAL REENTRY.

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

``SEC. 276. REENTRY OF REMOVED ALIEN.

    ``(a) Reentry After Removal.--Any alien who has been denied 
admission, excluded, deported, or removed, or who has departed the 
United States while an order of exclusion, deportation, or removal is 
outstanding, and subsequently enters, attempts to enter, crosses the 
border to, attempts to cross the border to, or is at any time found in 
the United States, shall be fined under title 18, United States Code, 
imprisoned not more than 2 years, or both.
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
provided in subsection (a), if an alien described in that subsection--
            ``(1) was convicted for 3 or more misdemeanors or a felony 
        before such removal or departure, the alien shall be fined 
        under title 18, United States Code, imprisoned not more than 10 
        years, or both;
            ``(2) was convicted for a felony before such removal or 
        departure for which the alien was sentenced to a term of 
        imprisonment of not less than 30 months, the alien shall be 
        fined under such title, imprisoned not more than 15 years, or 
        both;
            ``(3) was convicted for a felony before such removal or 
        departure for which the alien was sentenced to a term of 
        imprisonment of not less than 60 months, the alien shall be 
        fined under such title, imprisoned not more than 20 years, or 
        both;
            ``(4) was convicted for 3 felonies before such removal or 
        departure, the alien shall be fined under such title, 
        imprisoned not more than 20 years, or both; or
            ``(5) was convicted, before such removal or departure, for 
        murder, rape, kidnaping, or a felony offense described in 
        chapter 77 (relating to peonage and slavery) or 113B (relating 
        to terrorism) of such title, the alien shall be fined under 
        such title, imprisoned not more than 20 years, or both.
    ``(c) Reentry After Repeated Removal.--Any alien who has been 
denied admission, excluded, deported, or removed 3 or more times and 
thereafter enters, attempts to enter, crosses the border to, attempts 
to cross the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, imprisoned not more 
than 10 years, or both.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the crimes described in that 
subsection, and the penalties in that subsection shall apply only in 
cases in which the conviction or convictions that form the basis for 
the additional penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted 
        by the defendant.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to 
a violation of this section that--
            ``(1) prior to the alleged violation, the alien had sought 
        and received the express consent of the Secretary of Homeland 
        Security to reapply for admission into the United States; or
            ``(2) with respect to an alien previously denied admission 
        and removed, the alien--
                    ``(A) was not required to obtain such advance 
                consent under the Immigration and Nationality Act or 
                any prior Act; and
                    ``(B) had complied with all other laws and 
                regulations governing the alien's admission into the 
                United States.
    ``(f) Limitation on Collateral Attack on Underlying Removal 
Order.--In a criminal proceeding under this section, an alien may not 
challenge the validity of any prior removal order concerning the alien 
unless the alien demonstrates by clear and convincing evidence that--
            ``(1) the alien exhausted all administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the removal proceedings at which the order was issued 
        improperly deprived the alien of the opportunity for judicial 
        review; and
            ``(3) the entry of the order was fundamentally unfair.
    ``(g) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry. Such alien shall be subject to such other penalties 
relating to the reentry of removed aliens as may be available under 
this section or any other provision of law.
    ``(h) Limitation.--It is not aiding and abetting a violation of 
this section for an individual to provide an alien with emergency 
humanitarian assistance, including emergency medical care and food, or 
to transport the alien to a location where such assistance can be 
rendered, provided that such assistance is 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) 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.
``Sec. 1541. Trafficking in passports
    ``(a) Multiple Passports.--Any person who, during any 3-year 
period, knowingly-
            ``(1) and without lawful authority produces, issues, or 
        transfers 10 or more passports;
            ``(2) forges, counterfeits, alters, or falsely makes 10 or 
        more passports;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes 10 or more passports, knowing the passports to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 10 or more applications for a United States passport 
        (including any supporting documentation), knowing the 
        applications to contain any false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(b) Passport Materials.--Any person who knowingly and without 
lawful authority produces, counterfeits, secures, possesses, or uses 
any official paper, seal, hologram, image, text, symbol, stamp, 
engraving, plate, or other material used to make a passport shall be 
fined under this title, imprisoned not more than 20 years, or both.
``Sec. 1542. False statement in an application for a passport
    ``Any person who knowingly--
            ``(1) makes any false statement or representation in an 
        application for a United States passport (including any 
        supporting documentation);
            ``(2) completes, mails, prepares, presents, signs, or 
        submits an application for a United States passport (including 
        any supporting documentation) knowing the application to 
        contain any false statement or representation; or
            ``(3) causes or attempts to cause the production of a 
        passport by means of any fraud or false application for a 
        United States passport (including any supporting 
        documentation), if such production occurs or would occur at a 
        facility authorized by the Secretary of State for the 
        production of passports,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1543. Forgery and unlawful production of a passport
    ``(a) Forgery.--Any person who--
            ``(1) knowingly forges, counterfeits, alters, or falsely 
        makes any passport; or
            ``(2) knowingly transfers any passport knowing it to be 
        forged, counterfeited, altered, falsely made, stolen, or to 
        have been produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Unlawful Production.--Any person who knowingly and without 
lawful authority--
            ``(1) produces, issues, authorizes, or verifies a passport 
        in violation of the laws, regulations, or rules governing the 
        issuance of the passport;
            ``(2) produces, issues, authorizes, or verifies a United 
        States passport for or to any person not owing allegiance to 
        the United States; or
            ``(3) transfers or furnishes a passport to a person for use 
        when such person is not the person for whom the passport was 
        issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1544. Misuse of a passport
    ``(a) In General.--Any person who--
            ``(1) knowingly uses any passport issued or designed for 
        the use of another;
            ``(2) knowingly uses any passport in violation of the 
        conditions or restrictions therein contained, or in violation 
        of the laws, regulations, or rules governing the issuance and 
        use of the passport;
            ``(3) knowingly secures, possesses, uses, receives, buys, 
        sells, or distributes any passport knowing it to be forged, 
        counterfeited, altered, falsely made, procured by fraud, or 
        produced or issued without lawful authority; or
            ``(4) knowingly violates the terms and conditions of any 
        safe conduct duly obtained and issued under the authority of 
        the United States,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Entry; Fraud.--Any person who knowingly uses any passport, 
knowing the passport to be forged, counterfeited, altered, falsely 
made, procured by fraud, produced or issued without lawful authority, 
or issued or designed for the use of another--
            ``(1) to enter or to attempt to enter the United States; or
            ``(2) to defraud the United States, a State, or a political 
        subdivision of a State,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1545. Schemes to defraud aliens
    ``(a) In General.--Any person who knowingly executes a scheme or 
artifice, in connection with any matter that is authorized by or arises 
under Federal immigration laws, or any matter the offender claims or 
represents is authorized by or arises under Federal immigration laws--
            ``(1) to defraud any person, or
            ``(2) to obtain or receive from any person, by means of 
        false or fraudulent pretenses, representations, promises, money 
        or anything else of value,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Misrepresentation.--Any person who knowingly and falsely 
represents himself to be an attorney in any matter arising under 
Federal immigration laws shall be fined under this title, imprisoned 
not more than 15 years, or both.
``Sec. 1546. Immigration and visa fraud
    ``(a) In General.--Any person who knowingly--
            ``(1) uses any immigration document issued or designed for 
        the use of another;
            ``(2) forges, counterfeits, alters, or falsely makes any 
        immigration document;
            ``(3) completes, mails, prepares, presents, signs, or 
        submits any immigration document knowing it to contain any 
        materially false statement or representation;
            ``(4) secures, possesses, uses, transfers, receives, buys, 
        sells, or distributes any immigration document knowing it to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority;
            ``(5) adopts or uses a false or fictitious name to evade or 
        to attempt to evade the immigration laws; or
            ``(6) transfers or furnishes an immigration document to a 
        person without lawful authority for use if such person is not 
        the person for whom the immigration document was issued or 
        designed,
shall be fined under this title, imprisoned not more than 15 years, or 
both.
    ``(b) Multiple Violations.--Any person who, during any 3-year 
period, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 10 or more immigration documents;
            ``(2) forges, counterfeits, alters, or falsely makes 10 or 
        more immigration documents;
            ``(3) secures, possesses, uses, buys, sells, or distributes 
        10 or more immigration documents, knowing the immigration 
        documents to be forged, counterfeited, altered, stolen, falsely 
        made, procured by fraud, or produced or issued without lawful 
        authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 10 or more immigration documents knowing the documents 
        to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(c) Immigration Document Materials.--Any person who knowingly and 
without lawful authority produces, counterfeits, secures, possesses, or 
uses any official paper, seal, hologram, image, text, symbol, stamp, 
engraving, plate, or other material, used to make an immigration 
document shall be fined under this title, imprisoned not more than 20 
years, or both.
``Sec. 1547. Marriage fraud
    ``(a) Evasion or Misrepresentation.--Any person who--
            ``(1) knowingly enters into a marriage for the purpose of 
        evading any provision of the immigration laws; or
            ``(2) knowingly misrepresents the existence or 
        circumstances of a marriage--
                    ``(A) in an application or document authorized by 
                the immigration laws; or
                    ``(B) during any immigration proceeding conducted 
                by an administrative adjudicator (including an 
                immigration officer or examiner, a consular officer, an 
                immigration judge, or a member of the Board of 
                Immigration Appeals),
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(b) Multiple Marriages.--Any person who--
            ``(1) knowingly enters into 2 or more marriages for the 
        purpose of evading any immigration law; or
            ``(2) knowingly arranges, supports, or facilitates 2 or 
        more marriages designed or intended to evade any immigration 
        law,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(c) Commercial Enterprise.--Any person who knowingly establishes 
a commercial enterprise for the purpose of evading any provision of the 
immigration laws shall be fined under this title, imprisoned for not 
more than 10 years, or both.
    ``(d) Duration of Offense.--
            ``(1) In general.--An offense under subsection (a) or (b) 
        continues until the fraudulent nature of the marriage or 
        marriages is discovered by an immigration officer.
            ``(2) Commercial enterprise.--An offense under subsection 
        (c) continues until the fraudulent nature of commercial 
        enterprise is discovered by an immigration officer or other law 
        enforcement officer.
``Sec. 1548. Attempts and conspiracies
    ``Any person who attempts or conspires to violate any section of 
this chapter shall be punished in the same manner as a person who 
completed a violation of that section.
``Sec. 1549. Alternative penalties for certain offenses
    ``(a) Terrorism.--Any person who violates any section of this 
chapter--
            ``(1) knowing that such violation will facilitate an act of 
        international terrorism or domestic terrorism (as those terms 
        are defined in section 2331); or
            ``(2) with the intent to facilitate an act of international 
        terrorism or domestic terrorism,
shall be fined under this title, imprisoned not more than 25 years, or 
both.
    ``(b) Offense Against Government.--Any person who violates any 
section of this chapter--
            ``(1) knowing that such violation will facilitate the 
        commission of any offense against the United States (other than 
        an offense in this chapter) or against any State, which offense 
        is punishable by imprisonment for more than 1 year; or
            ``(2) with the intent to facilitate the commission of any 
        offense against the United States (other than an offense in 
        this chapter) or against any State, which offense is punishable 
        by imprisonment for more than 1 year,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
``Sec. 1550. Seizure and forfeiture
    ``(a) Forfeiture.--Any property, real or personal, used to commit 
or facilitate the commission of a violation of any section of this 
chapter, the gross proceeds of such violation, and any property 
traceable to such property or proceeds, shall be subject to forfeiture.
    ``(b) Applicable Law.--Seizures and forfeitures under this section 
shall be governed by the provisions of chapter 46 relating to civil 
forfeitures, except that such duties as are imposed upon the Secretary 
of the Treasury under the customs laws described in section 981(d) 
shall be performed by such officers, agents, and other persons as may 
be designated for that purpose by the Secretary of Homeland Security, 
the Secretary of State, or the Attorney General.
``Sec. 1551. Additional jurisdiction
    ``(a) In General.--Any person who commits an offense under this 
chapter within the special maritime and territorial jurisdiction of the 
United States shall be punished as provided under this chapter.
    ``(b) Extraterritorial Jurisdiction.--Any person who commits an 
offense under this chapter outside the United States shall be punished 
as provided under this chapter if--
            ``(1) the offense involves a United States immigration 
        document (or any document purporting to be such a document) or 
        any matter, right, or benefit arising under or authorized by 
        Federal immigration laws;
            ``(2) the offense is in or affects foreign commerce;
            ``(3) the offense affects, jeopardizes, or poses a 
        significant risk to the lawful administration of Federal 
        immigration laws, or the national security of the United 
        States;
            ``(4) the offense is committed to facilitate an act of 
        international terrorism (as defined in section 2331) or a drug 
        trafficking crime (as defined in section 929(a)(2)) that 
        affects or would affect the national security of the United 
        States;
            ``(5) the offender is a national of the United States (as 
        defined in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully 
        admitted for permanent residence in the United States (as 
        defined in section 101(a)(20) of such Act); or
            ``(6) the offender is a stateless person whose habitual 
        residence is in the United States.
``Sec. 1552. Additional venue
    ``(a) In General.--An offense under section 1542 may be prosecuted 
in--
            ``(1) any district in which the false statement or 
        representation was made;
            ``(2) any district in which the passport application was 
        prepared, submitted, mailed, received, processed, or 
        adjudicated; or
            ``(3) in the case of an application prepared and 
        adjudicated outside the United States, in the district in which 
        the resultant passport was produced.
    ``(b) Savings Clause.--Nothing in this section limits the venue 
otherwise available under sections 3237 and 3238.
``Sec. 1553. Definitions
    ``As used in this chapter:
            ``(1) The term `falsely make' means to prepare or complete 
        an immigration document with knowledge or in reckless disregard 
        of the fact that the document--
                    ``(A) contains a statement or representation that 
                is false, fictitious, or fraudulent;
                    ``(B) has no basis in fact or law; or
                    ``(C) otherwise fails to state a fact which is 
                material to the purpose for which the document was 
                created, designed, or submitted.
            ``(2) The term a `false statement or representation' 
        includes a personation or an omission.
            ``(3) The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(4) The term `immigration document'--
                    ``(A) means--
                            ``(i) any passport or visa; or
                            ``(ii) any application, petition, 
                        affidavit, declaration, attestation, form, 
                        identification card, alien registration 
                        document, employment authorization document, 
                        border crossing card, certificate, permit, 
                        order, license, stamp, authorization, grant of 
                        authority, or other evidentiary document, 
                        arising under or authorized by the immigration 
                        laws of the United States; and
                    ``(B) includes any document, photograph, or other 
                piece of evidence attached to or submitted in support 
                of an immigration document.
            ``(5) The term `immigration laws' includes--
                    ``(A) the laws described in section 101(a)(17) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(17));
                    ``(B) the laws relating to the issuance and use of 
                passports; and
                    ``(C) the regulations prescribed under the 
                authority of any law described in paragraphs (1) and 
                (2).
            ``(6) The term `immigration proceeding' includes an 
        adjudication, interview, hearing, or review.
            ``(7) A person does not exercise `lawful authority' if the 
        person abuses or improperly exercises lawful authority the 
        person otherwise holds.
            ``(8) The term `passport' means a travel document attesting 
        to the identity and nationality of the bearer that is issued 
        under the authority of the Secretary of State, a foreign 
        government, or an international organization; or any instrument 
        purporting to be the same.
            ``(9) The term `produce' means to make, prepare, assemble, 
        issue, print, authenticate, or alter.
            ``(10) The term `State' means a State of the United States, 
        the District of Columbia, or any commonwealth, territory, or 
        possession of the United States.
``Sec. 1554. Authorized law enforcement activities
    ``Nothing in this chapter shall prohibit any lawfully authorized 
investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a political 
subdivision of a State, or an intelligence agency of the United States, 
or any activity authorized under title V of the Organized Crime Control 
Act of 1970 (84 Stat. 933).''.
    (b) 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''.

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.

SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

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

SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

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

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

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

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

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

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

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

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

SEC. 215. DIPLOMATIC SECURITY SERVICE.

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

SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

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

SEC. 217. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

    (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 of Homeland Security 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 of Homeland Security shall provide 
sufficient transportation and officers to take illegal aliens 
apprehended by State and local law enforcement officers into custody 
for processing at a Department of Homeland Security detention facility.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out this section.

SEC. 220. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

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

SEC. 221. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL 
              LANDS.

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

SEC. 222. 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. 223. 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. 224. 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 inserting 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. 225. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN 
              PORTS OF ENTRY.

    (a) In General.--Beginning on October 1, 2006, an alien 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 or 
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, 2006, 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) shall 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. 226. REMOVAL OF DRUNK DRIVERS.

    (a) In General.--Section 101(a)(43)(F) of the Immigration and 
Nationality Act (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 or Federal 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. 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, whether or not admitted into the United 
        States, 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 (viii), any'';
            (2) in subparagraph (A) by inserting after clause (vii) the 
        following:
    ``(viii) Clause (i) shall not apply to a citizen of the United 
States who has been convicted of an offense described in section 
101(a)(43)(A), section 101(a)(43)(I), or section 101(a)(43)(K), 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 section 101(a)(43)(A), section 101(a)(43)(I), or section 
101(a)(43)(K), unless the Secretary of Homeland Security, in the 
Secretary's sole and unreviewable discretion, determines that the alien 
lawfully admitted for permanent residence poses no risk to the alien 
with respect to whom a petition described in subclause (I) is filed.''.
    (b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C. 
1101(a)(15)(K)), is amended by inserting ``(other than a citizen 
described in section 204(a)(1)(A)(viii))'' after ``citizen of the 
United States'' each place that phrase appears.

SEC. 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 subsection 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, either--
                            ``(i) not later than 72 hours after the 
                        conclusion of the State charging process or 
                        dismissal process, or if no State charging or 
                        dismissal process is required, not later than 
                        72 hours after the illegal alien is 
                        apprehended, take the illegal alien into the 
                        custody of the Federal Government; 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 of Homeland Security, 
        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 aliens incarcerated in a Federal 
facility pursuant to this subsection are held in facilities which 
provide an appropriate level of security, and that, where practicable, 
aliens detained solely for civil violations of Federal immigration law 
are separated within a facility or facilities.
    ``(f) Requirement for Schedule.--In carrying out this section, the 
Secretary of Homeland Security shall establish a regular circuit and 
schedule for the prompt transportation of apprehended aliens from the 
custody of those States and political subdivisions of States which 
routinely submit requests described in subsection (c) into Federal 
custody.
    ``(g) Authority for Contracts.--
            ``(1) In general.--The Secretary of Homeland Security may 
        enter into contracts or cooperative agreements with appropriate 
        State and local law enforcement and detention agencies to 
        implement this section.
            ``(2) Determination by secretary.--Prior to entering into a 
        contract or cooperative agreement with a State or political 
        subdivision of a State under paragraph (1), the Secretary shall 
        determine whether the State, or where 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. 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; or
                    (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 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. 231. 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. 232. SEVERABILITY.

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

                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 Securing America's Borders Act, 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 
                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 inquire 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) 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 Securing America's Borders 
                        Act, 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 Securing America's Borders 
                        Act, the Secretary may require additional any 
                        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 Securing 
                America's Borders Act, Secretary shall require an 
                employer with more than 5,000 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) Mid-sized employers.--Not later than 3 years 
                after the date of enactment of the Securing America's 
                Borders Act, the Secretary shall require an employer 
                with less than 5,000 employees and with more than 1,000 
                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 Securing 
                America's Borders Act, the Secretary shall require all 
                employers with less than 1,000 employees and with more 
                than 250 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 Securing 
                America's Borders Act, 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 Securing America's Borders Act, if the 
                Secretary has reasonable causes 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) 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 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 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 Securing 
                        America's Borders Act, 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 set at a level that will 
        recover the full cost of providing the System to all 
        participants. The fees shall be deposited and remain available 
        as provided in subsection (m) and (n) of section 286 and the 
        System is providing an immigration adjudication and 
        naturalization service for purposes of section 286(n).
            ``(12) Report.--Not later than 1 year after the date of the 
        enactment of the Securing America's Borders Act, the Secretary 
        shall submit to Congress a report on the capacity, systems 
        integrity, and accuracy of the System.
    ``(e) Compliance.--
            ``(1) Complaints and investigations.--The Secretary shall 
        establish procedures--
                    ``(A) for individuals and entities to file 
                complaints regarding potential violations of subsection 
                (a);
                    ``(B) for the investigation of those complaints 
                that the Secretary deems it appropriate to investigate; 
                and
                    ``(C) for the investigation of such other 
                violations of subsection (a), as the Secretary 
                determines are appropriate.
            ``(2) Authority in investigations.--
                    ``(A) In general.--In conducting investigations and 
                hearings under this subsection, officers and employees 
                of the Department of Homeland Security--
                            ``(i) shall have reasonable access to 
                        examine evidence of any employer being 
                        investigated; and
                            ``(ii) if designated by the Secretary of 
                        Homeland Security, may compel by subpoena the 
                        attendance of witnesses and the production of 
                        evidence at any designated place in an 
                        investigation or case under this subsection.
                    ``(B) Failure to cooperate.--In case of refusal to 
                obey a subpoena lawfully issued under subparagraph 
                (A)(ii), the Secretary may request that the Attorney 
                General apply in an appropriate district court of the 
                United States for an order requiring compliance with 
                such subpoena, and any failure to obey such order may 
                be punished by such court as contempt.
                    ``(C) Department of labor.--The Secretary of Labor 
                shall have the investigative authority provided under 
                section 11(a) of the Fair Labor Standards Act of 1938 
                (29 U.S.C. 211(a)) to ensure compliance with the 
                provisions of this title, or any regulation or order 
                issued under this title.
            ``(3) Compliance procedures.--
                    ``(A) Pre-penalty notice.--If the Secretary has 
                reasonable cause to believe that there has been a 
                violation of a requirement of this section and 
                determines that further proceedings related to such 
                violation are warranted, the Secretary shall issue to 
                the employer concerned a written notice of the 
                Secretary's intention to issue a claim for a fine or 
                other penalty. Such notice shall--
                            ``(i) describe the violation;
                            ``(ii) specify the laws and regulations 
                        allegedly violated;
                            ``(iii) disclose the material facts which 
                        establish the alleged violation; and
                            ``(iv) inform such employer that the 
                        employer shall have a reasonable opportunity to 
                        make representations as to why a claim for a 
                        monetary or other penalty should not be 
                        imposed.
                    ``(B) Remission or mitigation of penalties.--
                            ``(i) Petition by employer.--Whenever any 
                        employer receives written notice of a fine or 
                        other penalty in accordance with subparagraph 
                        (A), the employer may file within 30 days from 
                        receipt of such notice, with the Secretary a 
                        petition for the remission or mitigation of 
                        such fine or penalty, or a petition for 
                        termination of the proceedings. The petition 
                        may include any relevant evidence or proffer of 
                        evidence the employer wishes to present, and 
                        shall be filed and considered in accordance 
                        with procedures to be established by the 
                        Secretary.
                            ``(ii) Review by secretary.--If the 
                        Secretary finds that such fine or other penalty 
                        was incurred erroneously, or finds the 
                        existence of such mitigating circumstances as 
                        to justify the remission or mitigation of such 
                        fine or penalty, the Secretary may remit or 
                        mitigate such fine or other penalty on the 
                        terms and conditions as the Secretary 
                        determines are reasonable and just, or order 
                        termination of any proceedings related to the 
                        notice. Such mitigating circumstances may 
                        include good faith compliance and participation 
                        in, or agreement to participate in, the System, 
                        if not otherwise required.
                            ``(iii) Applicability.--This subparagraph 
                        may not apply to an employer that has or is 
                        engaged in a pattern or practice of violations 
                        of paragraph (1)(A), (1)(B), or (2) of 
                        subsection (a) or of any other requirements of 
                        this section.
                    ``(C) Penalty claim.--After considering evidence 
                and representations offered by the employer pursuant to 
                subparagraph (B), the Secretary shall determine whether 
                there was a violation and promptly issue a written 
                final determination setting forth the findings of fact 
                and conclusions of law on which the determination is 
                based and the appropriate penalty.
            ``(4) Civil penalties.--
                    ``(A) Hiring or continuing to employ unauthorized 
                aliens.--Any employer that violates any provision of 
                paragraph (1)(A) or (2) of subsection (a) shall pay 
                civil penalties as follows:
                            ``(i) Pay a civil penalty of not less than 
                        $500 and not more than $4,000 for each 
                        unauthorized alien with respect to each such 
                        violation.
                            ``(ii) If the employer has previously been 
                        fined 1 time under this subparagraph, pay a 
                        civil penalty of not less than $4,000 and not 
                        more than $10,000 for each unauthorized alien 
                        with respect to each such violation.
                            ``(iii) If the employer has previously been 
                        fined more than 1 time under this subparagraph 
                        or has failed to comply with a previously 
                        issued and final order related to any such 
                        provision, pay a civil penalty of not less than 
                        $6,000 and not more than $20,000 for each 
                        unauthorized alien with respect to each such 
                        violation.
                    ``(B) Record keeping or verification practices.--
                Any employer that violates or fails to comply with the 
                requirements of the subsection (b), (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.
                            ``(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 of Homeland Secretary to be 
                a repeat violator of this section or is convicted of a 
                crime under this section, shall be debarred from the 
                receipt of Federal contracts, grants, or cooperative 
                agreements for a period of 2 years.
                    ``(B) Notice to agencies.--Prior to debarring the 
                employer under subparagraph (A), the Secretary, in 
                cooperation with the Administrator of General Services, 
                shall advise any agency or department holding a 
                contract, grant, or cooperative agreement with the 
                employer of the Government's intention to debar the 
                employer from the receipt of new Federal contracts, 
                grants, or cooperative agreements for a period of 2 
                years.
                    ``(C) Waiver.--After consideration of the views of 
                any agency or department that holds a contract, grant, 
                or cooperative agreement with the employer, the 
                Secretary may, in lieu of debarring the employer from 
                the receipt of new Federal contracts, grants, or 
                cooperative agreements for a period of 2 years, waive 
                operation of this subsection, limit the duration or 
                scope of the debarment, or may refer to an appropriate 
                lead agency the decision of whether to debar the 
                employer, for what duration, and under what scope in 
                accordance with the procedures and standards prescribed 
                by the Federal Acquisition Regulation. However, any 
                proposed debarment predicated on an administrative 
                determination of liability for civil penalty by the 
                Secretary or the Attorney General shall not be 
                reviewable in any debarment proceeding. The decision of 
                whether to debar or take alternation shall not be 
                judicially reviewed.
            ``(3) Suspension.--Indictments for violations of this 
        section or adequate evidence of actions that could form the 
        basis for debarment under this subsection shall be considered a 
        cause for suspension under the procedures and standards for 
        suspension prescribed by the Federal Acquisition Regulation.
    ``(i) Miscellaneous Provisions.--
            ``(1) Documentation.--In providing documentation or 
        endorsement of authorization of aliens (other than aliens 
        lawfully admitted for permanent residence) eligible to be 
        employed in the United States, the Secretary shall provide that 
        any limitations with respect to the period or type of 
        employment or employer shall be conspicuously stated on the 
        documentation or endorsement.
            ``(2) Preemption.--The provisions of this section preempt 
        any State or local law--
                    ``(A) imposing civil or criminal sanctions (other 
                than through licensing and similar laws) upon those who 
                employ, or recruit or refer for a fee for employment, 
                unauthorized aliens; or
                    ``(B) requiring as a condition of conducting, 
                continuing, or expanding a business that a business 
                entity--
                            ``(i) provide, build, fund, or maintain a 
                        shelter, structure, or designated area for use 
                        by day laborers at or near its place of 
                        business; or
                            ``(ii) take other steps that facilitate the 
                        employment of day laborers by others.
    ``(j) Deposit of Amounts Received.--Except as otherwise specified, 
civil penalties collected under this section shall be deposited by the 
Secretary into the Employer Compliance Fund established under section 
286(w).
    ``(k) Definitions.--In this section:
            ``(1) Employer.--The term `employer' means any person or 
        entity, including any entity of the Government of the United 
        States, hiring, recruiting, or referring an individual for 
        employment in the United States.
            ``(2) No-match notice.--The term `no-match notice' means 
        written notice from the Commissioner of Social Security to an 
        employer reporting earnings on a Form W-2 that an employee name 
        or corresponding social security account number fail to match 
        records maintained by the Commissioner.
            ``(3) Secretary.--Except as otherwise provided, the term 
        `Secretary' means the Secretary of Homeland Security.
            ``(4) Unauthorized alien.--The term `unauthorized alien' 
        means, with respect to the employment of an alien at a 
        particular time, that the alien is not at that time either--
                    ``(A) an alien lawfully admitted for permanent 
                residence; or
                    ``(B) authorized to be so employed by this Act or 
                by the Secretary.''.
    (b) Conforming Amendment.--
            (1) Amendment.--Sections 401, 402, 403, 404, and 405 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (division C of Public Law 104-208; 8 U.S.C. 1324a) are 
        repealed.
            (2) Construction.--Nothing in this subsection or in 
        subsection (d) of section 274A, as amended by subsection (a), 
        may be construed to limit the authority of the Secretary to 
        allow or continue to allow the participation of employers who 
        participated in the basic pilot program under such sections 
        401, 402, 403, 404, and 405 in the Electronic Employment 
        Verification System established pursuant to such subsection 
        (d).
    (c) 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)(9)''.
    (d) 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. EMPLOYER COMPLIANCE FUND.

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

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

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

SEC. 304. CLARIFICATION OF INELIGIBILITY FOR MISREPRESENTATION.

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

TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS, MEDICAL PROVIDERS, 
                    AND ALIENS WITH ADVANCED DEGREES

SEC. 401. 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. 402. 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. 403. 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. 404. 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. 405. 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)(C), 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 $1,000 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. 406. 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)) is 
        amended by adding at the end the following:
                    ``(F) 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).
                    ``(G) 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).
                    ``(H) The spouse and minor children of an alien who 
                is admitted as an employment-based immigrant under 
                section 203(b).''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply to any visa application--
                    (A) pending on the date of the enactment of this 
                Act; or
                    (B) filed on or after such date of enactment.
    (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 U.S.C. 
1182(a)(5)(A)(ii)) is amended--
            (1) in subclause (I), by striking ``or'' at the end;
            (2) in subclause (II), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(III) has an advanced degree in 
                                the sciences, technology, engineering, 
                                or mathematics from an accredited 
                                university in the United States and is 
                                employed in a field related to such 
                                degree.''.
    (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``(beginning with fiscal year 
                1992)''; and
                    (B) in subparagraph (A)--
                            (i) in clause (vii), by striking ``each 
                        succeeding fiscal year; or'' and inserting 
                        ``each of fiscal years 2004, 2005, and 2006;''; 
                        and
                            (ii) by adding after clause (vii) the 
                        following:
                            ``(viii) 115,000 in the first fiscal year 
                        beginning after the date of the enactment of 
                        this clause; and
                            ``(ix) the number calculated under 
                        paragraph (9) in each fiscal year after the 
                        year described in clause (viii); or'';
            (2) in paragraph (5)--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(D) has earned an advanced degree in science, 
                technology, engineering, or math.'';
            (3) by redesignating paragraphs (9), (10), and (11) as 
        paragraphs (10), (11), and (12), respectively; and
            (4) by inserting after paragraph (8) the following:
            ``(9) If the numerical limitation in paragraph (1)(A)--
                    ``(A) is reached during a given fiscal year, the 
                numerical limitation under paragraph (1)(A)(ix) for the 
                subsequent fiscal year shall be equal to 120 percent of 
                the numerical limitation of the given fiscal year; or
                    ``(B) is not reached during a given fiscal year, 
                the numerical limitation under paragraph (1)(A)(ix) for 
                the subsequent fiscal year shall be equal to the 
                numerical limitation of the given fiscal year.''.
    (d) Applicability.--The amendment made by subsection (c)(2) shall 
apply to any visa application--
            (1) pending on the date of the enactment of this Act; or
            (2) filed on or after such date of enactment.

SEC. 407. MEDICAL SERVICES IN UNDERSERVED AREAS.

    Section 220(c) of the Immigration and Nationality Technical 
Corrections Act of 1994 (8 U.S.C. 1182 note; Public Law 103-416) is 
amended by striking ``Act and before June 1, 2006.'' and inserting 
``Act.''.

               TITLE V--IMMIGRATION LITIGATION REDUCTION

SEC. 501. 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 Sates 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. 502. 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.

SEC. 503. BOARD OF IMMIGRATION APPEALS REMOVAL ORDER AUTHORITY.

    (a) In General.--Section 101(a)(47) (8 U.S.C. 1101(a)(47)) is 
amended to read as follows:
            ``(47)(A)(i) The term `order of removal' means the order of 
        the immigration judge, the Board of Immigration Appeals, or 
        other administrative officer to whom the Attorney General or 
        the Secretary of Homeland Security has delegated the 
        responsibility for determining whether an alien is removable, 
        concluding that the alien is removable, or ordering removal.
            ``(ii) The term `order of deportation' means the order of 
        the special inquiry officer, immigration judge, the Board of 
        Immigration Appeals, or other such administrative officer to 
        whom the Attorney General has delegated the responsibility for 
        determining whether an alien is deportable, concluding that the 
        alien is deportable, or ordering deportation.
            ``(B) An order described under subparagraph (A) shall 
        become final upon the earlier of--
                    ``(i) a determination by the Board of Immigration 
                Appeals affirming such order;
                    ``(ii) the entry by the Board of Immigration 
                Appeals of such order;
                    ``(iii) the expiration of the period in which any 
                party is permitted to seek review of such order by the 
                Board of Immigration Appeals;
                    ``(iv) the entry by an immigration judge of such 
                order, if appeal is waived by all parties; or
                    ``(v) the entry by another administrative officer 
                of such order, at the conclusion of a process 
                authorized by law other than under section 240.''.
    (b) Conforming Amendments.--The Immigration and Nationality Act is 
amended--
            (1) in section 212(d)(12)(A) (8 U.S.C. 1182(d)(12)(A)), by 
        inserting ``an order of'' before ``removal''; and
            (2) in section 245A(g)(2)(B) (8 U.S.C. 1255a(g)(2)(B))--
                    (A) in the heading, by inserting ``, removal,'' 
                after ``deportation''; and
                    (B) in clause (i), by striking ``deportation,'' and 
                inserting ``deportation or an order of removal,''.

SEC. 504. JUDICIAL REVIEW OF VISA REVOCATION.

    Section 221(i) (8 U.S.C. 1201(i)) is amended by striking the last 
sentence and inserting ``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.''.

SEC. 505. REINSTATEMENT OF REMOVAL ORDERS.

    (a) Reinstatement.--
            (1) In general.--Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is 
        amended to read as follows:
            ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--
                    ``(A) In general.--If the Secretary of Homeland 
                Security finds that an alien has entered the United 
                States illegally after having been removed, deported, 
                or excluded or having departed voluntarily, under an 
                order of removal, deportation, or exclusion, regardless 
                of the date of the original order or the date of the 
                illegal entry--
                            ``(i) the order of removal, deportation, or 
                        exclusion is reinstated from its original date 
                        and is not subject to being reopened or 
                        reviewed notwithstanding section 242(a)(2)(D);
                            ``(ii) the alien is not eligible and may 
                        not apply for any relief under this Act, 
                        regardless of the date that an application or 
                        request for such relief may have been filed or 
                        made; and
                            ``(iii) the alien shall be removed under 
                        the order of removal, deportation, or exclusion 
                        at any time after the illegal entry.
                    ``(B) No other proceedings.--Reinstatement under 
                this paragraph shall not require proceedings under 
                section 240 or other proceedings before an immigration 
                judge.''.
            (2) Conforming amendment.--Section 242(a)(2)(D) (8 U.S.C. 
        1252(a)(2)(D)) is amended by striking ``section)'' and 
        inserting ``section or section 241(a)(5))''.
    (b) Judicial Review.--Section 242 (8 U.S.C. 1252) is amended by 
adding at the end the following new subsection:
    ``(h) Judicial Review of Reinstatement Under Section 241(a)(5).--
            ``(1) Review of reinstatement.--Judicial review of a 
        determination under section 241(a)(5) is available under 
        subsection (a) of this section.
            ``(2) No review of original order.--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, no court shall have jurisdiction to review any cause or 
        claim, arising from or relating to any challenge to the 
        original order.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect as if enacted on April 1, 1997, and shall apply to 
all orders reinstated on or after that date by the Secretary (or by the 
Attorney General prior to March 1, 2003), regardless of the date of the 
original order.

SEC. 506. WITHHOLDING OF REMOVAL.

    (a) In General.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is 
amended--
            (1) in subparagraph (A), by adding at the end ``The burden 
        of proof is on the alien to establish that the alien's life or 
        freedom would be threatened in that country, and that race, 
        religion, nationality, membership in a particular social group, 
        or political opinion would be at least one central reason for 
        such threat.''; and
            (2) in subparagraph (C), by striking ``In determining 
        whether an alien has demonstrated that the alien's life or 
        freedom would be threatened for a reason described in 
        subparagraph (A)'' and inserting ``For purposes of this 
        paragraph,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if enacted on May 11, 2005, and shall apply to 
applications for withholding of removal made on or after such date.

SEC. 507. 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--
                                    ``(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.''.

SEC. 508. DISCRETIONARY DECISIONS ON MOTIONS TO REOPEN OR RECONSIDER.

    (a) Exercise of Discretion.--Section 240(c) (8 U.S.C. 1229a(c)) is 
amended--
            (1) in paragraph (6), by adding at the end the following 
        new subparagraph:
                    ``(D) Discretion.--The decision to grant or deny a 
                motion to reconsider is committed to the Attorney 
                General's discretion.''; and
            (2) in paragraph (7), by adding at the end the following 
        new subparagraph:
                    ``(D) Discretion.--The decision to grant or deny a 
                motion to reopen is committed to the Attorney General's 
                discretion.''.
    (b) Eligibility for Protection From Removal to Alternative 
Country.--Section 240(c) (8 U.S.C. 1229a(c)), as amended by subsection 
(a), is further amended by adding at the end of paragraph (7)(C) the 
following new clause:
                            ``(v) Special rule for alternative 
                        countries of removal.--The requirements of this 
                        paragraph may not apply if--
                                    ``(I) the Secretary of Homeland 
                                Security is seeking to remove the alien 
                                to an alternative or additional country 
                                of removal under paragraph (1)(C), 
                                2(D), or 2(E) of section 241(b) that 
                                was not considered during the alien's 
                                prior removal proceedings;
                                    ``(II) the alien's motion to reopen 
                                is filed within 30 days after receiving 
                                notice of the Secretary's intention to 
                                remove the alien to that country; and
                                    ``(III) the alien establishes a 
                                prima facie case that the alien is 
                                entitled by law to withholding of 
                                removal under section 241(b)(3) or 
                                protection under the Convention Against 
                                Torture and Other Cruel, Inhuman or 
                                Degrading Treatment or Punishment, done 
                                at New York December 10, 1984, with 
                                respect to that particular country.''.
    (c) Effective Date.--This amendment made by this section shall 
apply to motions to reopen or reconsider which are filed on or after 
the date of the enactment of this Act in removal, deportation, or 
exclusion proceedings, whether a final administrative order is entered 
before, on, or after the date of the enactment of this Act.

SEC. 509. PROHIBITION OF ATTORNEY FEE AWARDS FOR REVIEW OF FINAL ORDERS 
              OF REMOVAL.

    (a) In General.--Section 242 (8 U.S.C. 1252), as amended by section 
505(b), is further amended by adding at the end the following new 
subsection:
    ``(i) Prohibition on Attorney Fee Awards.--Notwithstanding any 
other provision of law, a court may not award fees or other expenses to 
an alien based upon the alien's status as a prevailing party in any 
proceedings relating to an order of removal issued under this Act, 
unless the court of appeals concludes that the determination of the 
Attorney General or the Secretary of Homeland Security that the alien 
was removable under sections 212 and 237 was not substantially 
justified.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to proceedings relating to an order of removal issued on or after 
the date of the enactment of this Act, regardless of the date that such 
fees or expenses were incurred.

SEC. 510. BOARD OF IMMIGRATION APPEALS.

    (a) Requirement to Hear Cases in 3-Member Panels.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), cases before the Board of Immigration Appeals of the 
        Department of Justice shall be heard by 3-member panels of such 
        Board.
            (2) Hearing by a single member.--A 3-member panel of the 
        Board of Immigration Appeals or a member of such Board alone 
        may--
                    (A) summarily dismiss any appeal or portion of any 
                appeal in any case which--
                            (i) the party seeking the appeal fails to 
                        specify the reasons for the appeal;
                            (ii) 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;
                            (iii) the appeal is from an order that 
                        granted such party the relief that had been 
                        requested;
                            (iv) the appeal is determined to be filed 
                        for an improper purpose, such as to cause 
                        unnecessary delay; or
                            (v) 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;
                    (B) grant an unopposed motion or a motion to 
                withdraw an appeal pending before the Board; or
                    (C) 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.
            (3) Hearing en banc.--The Board of Immigration Appeals may, 
        by a majority vote of the Board members--
                    (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.
    (b) Affirmance Without Opinion.--Upon individualized review of a 
case, the Board of Immigration Appeals may affirm the decision of an 
immigration judge without opinion only if--
            (1) the decision of the immigration judge resolved all 
        issues in the case;
            (2) 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;
            (3) 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
            (4) the Board approves both the result reached in the 
        decision below and all of the reasoning of that decision.
    (c) Requirement for Regulations.--Not later than 180 days after the 
date of the enactment of this Act, the Attorney General shall 
promulgate regulations to carry out this section.

                        TITLE VI--MISCELLANEOUS

SEC. 601. TECHNICAL AND CONFORMING AMENDMENTS.

    The Attorney General, in consultation with the Secretary, shall, as 
soon as practicable but not later than 90 days after the date of the 
enactment of this Act, submit to Congress a draft of any technical and 
conforming changes in the Immigration and Nationality Act which are 
necessary to reflect the changes in the substantive provisions of law 
made by the Homeland Security Act of 2002, this Act, or any other 
provision of law.
                                                       Calendar No. 376

109th CONGRESS

  2d Session

                                S. 2454

_______________________________________________________________________

                                 A BILL

      To amend the Immigration and Nationality Act to provide for 
              comprehensive reform and for other purposes.

_______________________________________________________________________

               March 16 (legislative day, March 15), 2006

          Read twice and ordered to be placed on the calendar`