II 

Calendar No. 414 

109TH CONGRESS 

2D SESSION S. 2611 

To provide for comprehensive immigration reform and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2006 

Mr. SPECTER (for himself, Mr. HAGEL, Mr. MARTINEZ, Mr. MCCAIN, Mr. 

KENNEDY, Mr. GRAHAM, and Mr. BROWNBACK) introduced the following 

bill; which was read the first time 

APRIL 24, 2006 

Read the second time and placed on the calendar 

A BILL 

To provide for comprehensive immigration reform and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Comprehensive Immigration Reform Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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

Sec. 3. Definitions. 

Sec. 4. Severability. 

TITLE I—BORDER ENFORCEMENT 

Subtitle A—Assets for Controlling United States Borders 

Sec. 101. Enforcement personnel. 

Sec. 102. Technological assets. 

Sec. 103. Infrastructure. 

Sec. 104. Border patrol checkpoints. 

Sec. 105. Ports of entry. 

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

Subtitle B—Border Security Plans, Strategies, and Reports 

Sec. 111. Surveillance plan. 

Sec. 112. National Strategy for Border Security. 

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

Sec. 114. Improving the security of Mexico’s southern border. 

Sec. 115. Combating human smuggling. 

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

Subtitle C—Other Border Security Initiatives 

Sec. 121. Biometric data enhancements. 

Sec. 122. Secure communication. 

Sec. 123. Border patrol training capacity review. 

Sec. 124. US–VISIT System. 

Sec. 125. Document fraud detection. 

Sec. 126. Improved document integrity. 

Sec. 127. Cancellation of visas. 

Sec. 128. Biometric entry-exit system. 

Sec. 129. Border study. 

Sec. 130. Secure border initiative financial accountability. 

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

entry. 

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

Subtitle D—Border Tunnel Prevention Act 

Sec. 141. Short title. 

Sec. 142. Construction of border tunnel or passage. 

Sec. 143. Directive to the United States Sentencing Commission. 

Subtitle E—Border Law Enforcement Relief Act 

Sec. 151. Short title. 

Sec. 152. Findings. 

Sec. 153. Border relief grant program. 

Sec. 154. Enforcement of Federal immigration law. 

TITLE II—INTERIOR ENFORCEMENT 

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


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

Sec. 203. Aggravated felony. 

Sec. 204. Terrorist bars. 

Sec. 205. Increased criminal penalties related to gang violence, removal, and 

alien smuggling. 

Sec. 206. Illegal entry. 

Sec. 207. Illegal reentry. 

Sec. 208. Reform of passport, visa, and immigration fraud offenses. 

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

Sec. 210. Incarceration of criminal aliens. 

Sec. 211. Encouraging aliens to depart voluntarily. 

Sec. 212. Deterring aliens ordered removed from remaining in the United 

States unlawfully. 

Sec. 213. Prohibition of the sale of firearms to, or the possession of firearms 

by certain aliens. 

Sec. 214. Uniform statute of limitations for certain immigration, naturalization, 

and peonage offenses. 

Sec. 215. Diplomatic security service. 

Sec. 216. Field agent allocation and background checks. 

Sec. 217. Construction. 

Sec. 218. State criminal alien assistance program. 

Sec. 219. Transportation and processing of illegal aliens apprehended by State 

and local law enforcement officers. 

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

Sec. 221. Alternatives to detention. 

Sec. 222. Conforming amendment. 

Sec. 223. Reporting requirements. 

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

Sec. 225. Removal of drunk drivers. 

Sec. 226. Medical services in underserved areas. 

Sec. 227. Expedited removal. 

Sec. 228. Protecting immigrants from convicted sex offenders. 

Sec. 229. Law enforcement authority of States and political subdivisions and 

transfer to Federal custody. 

Sec. 230. Laundering of monetary instruments. 

Sec. 231. Listing of immigration violators in the National Crime Information 

Center database. 

Sec. 232. Cooperative enforcement programs. 

Sec. 233. Increase of Federal detention space and the utilization of facilities 

identified for closures as a result of the Defense Base Closure 

Realignment Act of 1990. 

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

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—NONIMMIGRANT AND IMMIGRANT VISA REFORM 

Subtitle A—Temporary Guest Workers 


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Sec. 401. Immigration impact study. 

Sec. 402. Nonimmigrant temporary worker. 

Sec. 403. Admission of nonimmigrant temporary guest workers. 

Sec. 404. Employer obligations. 

Sec. 405. Alien employment management system. 

Sec. 406. Rulemaking; effective date. 

Sec. 407. Recruitment of United States workers. 

Sec. 408. Temporary guest worker visa program task force. 

Sec. 409. Requirements for participating countries. 

Sec. 410. S visas. 

Sec. 411. L visa limitations. 

Sec. 412. Compliance investigators. 

Sec. 413. Authorization of appropriations. 

Subtitle B—Immigration Injunction Reform 

Sec. 421. Short title. 

Sec. 422. Appropriate remedies for immigration legislation. 

Sec. 423. Effective date. 

TITLE V—BACKLOG REDUCTION 

Sec. 501. Elimination of existing backlogs. 

Sec. 502. Country limits. 

Sec. 503. Allocation of immigrant visas. 

Sec. 504. Relief for minor children. 

Sec. 505. Shortage occupations. 

Sec. 506. Relief for widows and orphans. 

Sec. 507. Student visas. 

Sec. 508. Visas for individuals with advanced degrees. 

TITLE VI—WORK AUTHORIZATION AND LEGALIZATION OF 

UNDOCUMENTED INDIVIDUALS 

Subtitle A—Access to Earned Adjustment and Mandatory Departure and 

Reentry 

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

Subtitle B—Agricultural Job Opportunities, Benefits, and Security 

Sec. 611. Short title. 

Sec. 612. Definitions. 

CHAPTER 1—PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF

AGRICULTURAL WORKERS

Sec. 613. Agricultural workers. 

Sec. 614. Correction of Social Security records. 

CHAPTER 2—REFORM OF H–2A WORKER PROGRAM

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

CHAPTER 3—MISCELLANEOUS PROVISIONS

Sec. 616. Determination and use of user fees. 

Sec. 617. Regulations. 

Sec. 618. Report to Congress. 


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Sec. 619. Effective date. 

Subtitle C—DREAM Act 

Sec. 621. Short title. 

Sec. 622. Definitions. 

Sec. 623. Restoration of State option to determine residency for purposes of 

higher education benefits. 

Sec. 624. Cancellation of removal and adjustment of status of certain long-term 

residents who entered the United States as children. 

Sec. 625. Conditional permanent resident status. 

Sec. 626. Retroactive benefits. 

Sec. 627. Exclusive jurisdiction. 

Sec. 628. Penalties for false statements in application. 

Sec. 629. Confidentiality of information. 

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

Sec. 631. Higher Education assistance. 

Sec. 632. GAO report. 

Subtitle D—Grant Programs to Assist Nonimmigrant Workers 

Sec. 641. Grants to support public education and community training. 

Sec. 642. Funding for the Office of Citizenship. 

Sec. 643. Civics integration grant program. 

Sec. 644. Strengthening American citizenship. 

TITLE VII—MISCELLANEOUS 

Subtitle A—Immigration Litigation Reduction 

CHAPTER 1—APPEALS AND REVIEW

Sec. 701. Additional immigration personnel. 

CHAPTER 2—IMMIGRATION REVIEW REFORM

Sec. 702. Board of immigration appeals. 

Sec. 703. Immigration judges. 

Sec. 704. Removal and review of judges. 

Sec. 705. Legal orientation program. 

Sec. 706. Regulations. 

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

Subtitle B—Citizenship Assistance for Members of the Armed Services 

Sec. 711. Short title. 

Sec. 712. Waiver of requirement for fingerprints for members of the Armed 

Forces. 

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

Forces. 

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

Sec. 715. Reports. 

Subtitle C—State Court Interpreter Grant Program 

Sec. 721. Short title. 

Sec. 722. Findings. 

Sec. 723. State court interpreter program. 


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Sec. 724. Authorization of appropriations. 

Subtitle D—Border Infrastructure and Technology Modernization 

Sec. 731. Short title. 

Sec. 732. Definitions. 

Sec. 733. Port of Entry Infrastructure Assessment Study. 

Sec. 734. National Land Border Security Plan. 

Sec. 735. Expansion of commerce security programs. 

Sec. 736. Port of entry technology demonstration program. 

Sec. 737. Authorization of appropriations. 

Subtitle E—Family Humanitarian Relief 

Sec. 741. Short title. 

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

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

Sec. 744. Exceptions. 

Sec. 745. Evidence of death. 

Sec. 746. Definitions. 

Subtitle F—Other Matters 

Sec. 751. Noncitizen membership in the Armed Forces. 

Sec. 752. Nonimmigrant alien status for certain athletes. 

Sec. 753. Extension of returning worker exemption. 

Sec. 754. Surveillance technologies programs. 

Sec. 755. Comprehensive immigration efficiency review. 

Sec. 756. Northern Border Prosecution Initiative. 

Sec. 757. Southwest border prosecution initiative. 

Sec. 758. Grant program to assist eligible applicants. 

Sec. 759. Screening of municipal solid waste. 

Sec. 760. Access to immigration services in areas that are not accessible by 

road. 

Sec. 761. Border security on certain Federal land. 

Sec. 762. Unmanned aerial vehicles. 

Sec. 763. Relief for widows and orphans. 

Sec. 764. Terrorist activities. 

Sec. 765. Family unity. 

1 SEC. 2. REFERENCE TO THE IMMIGRATION AND NATION2 ALITY ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Immigration and Nation8 ality Act (8 U.S.C. 1101 et seq.). 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—Except as otherwise pro4 vided, the term ‘‘Department’’ means the Depart5 ment of Homeland Security. 

6 (2) SECRETARY.—Except as otherwise provided, 

7 the term ‘‘Secretary’’ means the Secretary of Home8 land Security. 

9 SEC. 4. SEVERABILITY. 

10 If any provision of this Act, any amendment made 

11 by this Act, or the application of such provision or amend12 ment to any person or circumstance is held to be invalid 

13 for any reason, the remainder of this Act, the amendments 

14 made by this Act, and the application of the provisions 

15 of such to any other person or circumstance shall not be 

16 affected by such holding. 

17 TITLE I—BORDER 

18 ENFORCEMENT 

19 Subtitle A—Assets for Controlling 

20 United States Borders 

21 SEC. 101. ENFORCEMENT PERSONNEL. 

22 (a) ADDITIONAL PERSONNEL.— 

23 (1) PORT OF ENTRY INSPECTORS.—In each of 

24 the fiscal years 2007 through 2011, the Secretary 

25 shall, subject to the availability of appropriations, in26 crease by not less than 500 the number of positions 


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1 for full-time active duty port of entry inspectors and 

2 provide appropriate training, equipment, and sup3 port to such additional inspectors. 

4 (2) INVESTIGATIVE PERSONNEL.— 

5 (A) IMMIGRATION AND CUSTOMS EN6 FORCEMENT INVESTIGATORS.—Section 5203 of 

7 the Intelligence Reform and Terrorism Preven8 tion Act of 2004 (Public Law 108–458; 118 

9 Stat. 3734) is amended by striking ‘‘800’’ and 

10 inserting ‘‘1000’’. 

11 (B) ADDITIONAL PERSONNEL.—In addi12 tion to the positions authorized under section 

13 5203 of the Intelligence Reform and Terrorism 

14 Prevention Act of 2004, as amended by sub15 paragraph (A), during each of the fiscal years 

16 2007 through 2011, the Secretary shall, subject 

17 to the availability of appropriations, increase by 

18 not less than 200 the number of positions for 

19 personnel within the Department assigned to 

20 investigate alien smuggling. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) PORT OF ENTRY INSPECTORS.—There are 

23 authorized to be appropriated to the Secretary such 

24 sums as may be necessary for each of the fiscal 


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1 years 2007 through 2011 to carry out paragraph (1) 

2 of subsection (a). 

3 (2) BORDER PATROL AGENTS.—Section 5202 of 

4 the Intelligence Reform and Terrorism Prevention 

5 Act of 2004 (118 Stat. 3734) is amended to read as 

6 follows: 

7 ‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL 

8 AGENTS. 

9 ‘‘(a) ANNUAL INCREASES.—The Secretary of Home10 land Security shall, subject to the availability of appropria11 tions for such purpose, increase the number of positions 

12 for full-time active-duty border patrol agents within the 

13 Department of Homeland Security (above the number of 

14 such positions for which funds were appropriated for the 

15 preceding fiscal year), by— 

16 ‘‘(1) 2,000 in fiscal year 2006; 

17 ‘‘(2) 2,400 in fiscal year 2007; 

18 ‘‘(3) 2,400 in fiscal year 2008; 

19 ‘‘(4) 2,400 in fiscal year 2009; 

20 ‘‘(5) 2,400 in fiscal year 2010; and 

21 ‘‘(6) 2,400 in fiscal year 2011; 

22 ‘‘(b) NORTHERN BORDER.—In each of the fiscal 

23 years 2006 through 2011, in addition to the border patrol 

24 agents assigned along the northern border of the United 

25 States during the previous fiscal year, the Secretary shall 


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1 assign a number of border patrol agents equal to not less 

2 than 20 percent of the net increase in border patrol agents 

3 during each such fiscal year. 

4 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be 

6 necessary for each of fiscal years 2007 through 2011 to 

7 carry out this section.’’. 

8 SEC. 102. TECHNOLOGICAL ASSETS. 

9 (a) ACQUISITION.—Subject to the availability of ap10 propriations, the Secretary shall procure additional un11 manned aerial vehicles, cameras, poles, sensors, and other 

12 technologies necessary to achieve operational control of the 

13 international borders of the United States and to establish 

14 a security perimeter known as a ‘‘virtual fence’’ along such 

15 international borders to provide a barrier to illegal immi16 gration. 

17 (b) INCREASED AVAILABILITY OF EQUIPMENT.—The 

18 Secretary and the Secretary of Defense shall develop and 

19 implement a plan to use authorities provided to the Sec20 retary of Defense under chapter 18 of title 10, United 

21 States Code, to increase the availability and use of Depart22 ment of Defense equipment, including unmanned aerial 

23 vehicles, tethered aerostat radars, and other surveillance 

24 equipment, to assist the Secretary in carrying out surveil25 lance activities conducted at or near the international land 


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1 borders of the United States to prevent illegal immigra2 tion. 

3 (c) REPORT.—Not later than 6 months after the date 

4 of enactment of this Act, the Secretary and the Secretary 

5 of Defense shall submit to Congress a report that con6 tains— 

7 (1) a description of the current use of Depart8 ment of Defense equipment to assist the Secretary 

9 in carrying out surveillance of the international land 

10 borders of the United States and assessment of the 

11 risks to citizens of the United States and foreign 

12 policy interests associated with the use of such 

13 equipment; 

14 (2) the plan developed under subsection (b) to 

15 increase the use of Department of Defense equip16 ment to assist such surveillance activities; and 

17 (3) a description of the types of equipment and 

18 other support to be provided by the Secretary of De19 fense under such plan during the 1-year period be20 ginning on the date of the submission of the report. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary such 

23 sums as may be necessary for each of the fiscal years 2007 

24 through 2011 to carry out subsection (a). 


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1 (e) CONSTRUCTION.—Nothing in this section may be 

2 construed as altering or amending the prohibition on the 

3 use of any part of the Army or the Air Force as a posse 

4 comitatus under section 1385 of title 18, United States 

5 Code. 

6 SEC. 103. INFRASTRUCTURE. 

7 (a) CONSTRUCTION OF BORDER CONTROL FACILI8 TIES.—Subject to the availability of appropriations, the 

9 Secretary shall construct all-weather roads and acquire 

10 additional vehicle barriers and facilities necessary to 

11 achieve operational control of the international borders of 

12 the United States. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Secretary such 

15 sums as may be necessary for each of the fiscal years 2007 

16 through 2011 to carry out subsection (a). 

17 SEC. 104. BORDER PATROL CHECKPOINTS. 

18 The Secretary may maintain temporary or permanent 

19 checkpoints on roadways in border patrol sectors that are 

20 located in proximity to the international border between 

21 the United States and Mexico. 

22 SEC. 105. PORTS OF ENTRY. 

23 The Secretary is authorized to— 


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1 (1) construct additional ports of entry along the 

2 international land borders of the United States, at 

3 locations to be determined by the Secretary; and 

4 (2) make necessary improvements to the ports 

5 of entry in existence on the date of the enactment 

6 of this Act. 

7 SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENC8 ING AND VEHICLE BARRIERS. 

9 (a) TUCSON SECTOR.—The Secretary shall— 

10 (1) replace all aged, deteriorating, or damaged 

11 primary fencing in the Tucson Sector located proxi12 mate to population centers in Douglas, Nogales, 

13 Naco, and Lukeville, Arizona with double- or triple14 layered fencing running parallel to the international 

15 border between the United States and Mexico; 

16 (2) extend the double- or triple-layered fencing 

17 for a distance of not less than 2 miles beyond urban 

18 areas, except that the double- or triple-layered fence 

19 shall extend west of Naco, Arizona, for a distance of 

20 10 miles; and 

21 (3) construct not less than 150 miles of vehicle 

22 barriers and all-weather roads in the Tucson Sector 

23 running parallel to the international border between 

24 the United States and Mexico in areas that are 

25 known transit points for illegal cross-border traffic. 


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1 (b) YUMA SECTOR.—The Secretary shall— 

2 (1) replace all aged, deteriorating, or damaged 

3 primary fencing in the Yuma Sector located proxi4 mate to population centers in Yuma, Somerton, and 

5 San Luis, Arizona with double- or triple-layered 

6 fencing running parallel to the international border 

7 between the United States and Mexico; 

8 (2) extend the double- or triple-layered fencing 

9 for a distance of not less than 2 miles beyond urban 

10 areas in the Yuma Sector; and 

11 (3) construct not less than 50 miles of vehicle 

12 barriers and all-weather roads in the Yuma Sector 

13 running parallel to the international border between 

14 the United States and Mexico in areas that are 

15 known transit points for illegal cross-border traffic. 

16 (c) CONSTRUCTION DEADLINE.—The Secretary shall 

17 immediately commence construction of the fencing, bar18 riers, and roads described in subsections (a) and (b), and 

19 shall complete such construction not later than 2 years 

20 after the date of the enactment of this Act. 

21 (d) REPORT.—Not later than 1 year after the date 

22 of the enactment of this Act, the Secretary shall submit 

23 a report to the Committee on the Judiciary of the Senate 

24 and the Committee on the Judiciary of the House of Rep25 resentatives that describes the progress that has been 


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1 made in constructing the fencing, barriers, and roads de2 scribed in subsections (a) and (b). 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary to carry out this section. 

6 Subtitle B—Border Security Plans, 

7 Strategies, and Reports 

8 SEC. 111. SURVEILLANCE PLAN. 

9 (a) REQUIREMENT FOR PLAN.—The Secretary shall 

10 develop a comprehensive plan for the systematic surveil11 lance of the international land and maritime borders of 

12 the United States. 

13 (b) CONTENT.—The plan required by subsection (a) 

14 shall include the following: 

15 (1) An assessment of existing technologies em16 ployed on the international land and maritime bor17 ders of the United States. 

18 (2) A description of the compatibility of new 

19 surveillance technologies with surveillance tech20 nologies in use by the Secretary on the date of the 

21 enactment of this Act. 

22 (3) A description of how the Commissioner of 

23 the United States Customs and Border Protection of 

24 the Department is working, or is expected to work, 

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1 nology of the Department to identify and test sur2 veillance technology. 

3 (4) A description of the specific surveillance 

4 technology to be deployed. 

5 (5) Identification of any obstacles that may im6 pede such deployment. 

7 (6) A detailed estimate of all costs associated 

8 with such deployment and with continued mainte9 nance of such technologies. 

10 (7) A description of how the Secretary is work11 ing with the Administrator of the Federal Aviation 

12 Administration on safety and airspace control issues 

13 associated with the use of unmanned aerial vehicles. 

14 (c) SUBMISSION TO CONGRESS.—Not later than 6 

15 months after the date of the enactment of this Act, the 

16 Secretary shall submit to Congress the plan required by 

17 this section. 

18 SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY. 

19 (a) REQUIREMENT FOR STRATEGY.—The Secretary, 

20 in consultation with the heads of other appropriate Fed21 eral agencies, shall develop a National Strategy for Border 

22 Security that describes actions to be carried out to achieve 

23 operational control over all ports of entry into the United 

24 States and the international land and maritime borders 

25 of the United States. 


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1 (b) CONTENT.—The National Strategy for Border 

2 Security shall include the following: 

3 (1) The implementation schedule for the com4 prehensive plan for systematic surveillance described 

5 in section 111. 

6 (2) An assessment of the threat posed by ter7 rorists and terrorist groups that may try to infiltrate 

8 the United States at locations along the inter9 national land and maritime borders of the United 

10 States. 

11 (3) A risk assessment for all United States 

12 ports of entry and all portions of the international 

13 land and maritime borders of the United States that 

14 includes a description of activities being under15 taken— 

16 (A) to prevent the entry of terrorists, other 

17 unlawful aliens, instruments of terrorism, nar18 cotics, and other contraband into the United 

19 States; and 

20 (B) to protect critical infrastructure at or 

21 near such ports of entry or borders. 

22 (4) An assessment of the legal requirements 

23 that prevent achieving and maintaining operational 

24 control over the entire international land and mari25 time borders of the United States. 


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1 (5) An assessment of the most appropriate, 

2 practical, and cost-effective means of defending the 

3 international land and maritime borders of the 

4 United States against threats to security and illegal 

5 transit, including intelligence capacities, technology, 

6 equipment, personnel, and training needed to ad7 dress security vulnerabilities. 

8 (6) An assessment of staffing needs for all bor9 der security functions, taking into account threat 

10 and vulnerability information pertaining to the bor11 ders and the impact of new security programs, poli12 cies, and technologies. 

13 (7) A description of the border security roles 

14 and missions of Federal, State, regional, local, and 

15 tribal authorities, and recommendations regarding 

16 actions the Secretary can carry out to improve co17 ordination with such authorities to enable border se18 curity and enforcement activities to be carried out in 

19 a more efficient and effective manner. 

20 (8) An assessment of existing efforts and tech21 nologies used for border security and the effect of 

22 the use of such efforts and technologies on civil 

23 rights, personal property rights, privacy rights, and 

24 civil liberties, including an assessment of efforts to 

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1 tims, unaccompanied minor aliens, and other vulner2 able populations. 

3 (9) A prioritized list of research and develop4 ment objectives to enhance the security of the inter5 national land and maritime borders of the United 

6 States. 

7 (10) A description of ways to ensure that the 

8 free flow of travel and commerce is not diminished 

9 by efforts, activities, and programs aimed at secur10 ing the international land and maritime borders of 

11 the United States. 

12 (11) An assessment of additional detention fa13 cilities and beds that are needed to detain unlawful 

14 aliens apprehended at United States ports of entry 

15 or along the international land borders of the United 

16 States. 

17 (12) A description of the performance metrics 

18 to be used to ensure accountability by the bureaus 

19 of the Department in implementing such Strategy. 

20 (13) A schedule for the implementation of the 

21 security measures described in such Strategy, includ22 ing a prioritization of security measures, realistic 

23 deadlines for addressing the security and enforce24 ment needs, an estimate of the resources needed to 


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1 carry out such measures, and a description of how 

2 such resources should be allocated. 

3 (c) CONSULTATION.—In developing the National 

4 Strategy for Border Security, the Secretary shall consult 

5 with representatives of— 

6 (1) State, local, and tribal authorities with re7 sponsibility for locations along the international land 

8 and maritime borders of the United States; and 

9 (2) appropriate private sector entities, non10 governmental organizations, and affected commu11 nities that have expertise in areas related to border 

12 security. 

13 (d) COORDINATION.—The National Strategy for Bor14 der Security shall be consistent with the National Strategy 

15 for Maritime Security developed pursuant to Homeland 

16 Security Presidential Directive 13, dated December 21, 

17 2004. 

18 (e) SUBMISSION TO CONGRESS.— 

19 (1) STRATEGY.—Not later than 1 year after the 

20 date of the enactment of this Act, the Secretary 

21 shall submit to Congress the National Strategy for 

22 Border Security. 

23 (2) UPDATES.—The Secretary shall submit to 

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1 retary determines is necessary, not later than 30 

2 days after such update is developed. 

3 (f) IMMEDIATE ACTION.—Nothing in this section or 

4 section 111 may be construed to relieve the Secretary of 

5 the responsibility to take all actions necessary and appro6 priate to achieve and maintain operational control over the 

7 entire international land and maritime borders of the 

8 United States. 

9 SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF IN10 FORMATION ON NORTH AMERICAN SECU11 RITY. 

12 (a) REQUIREMENT FOR REPORTS.—Not later than 1 

13 year after the date of the enactment of this Act, and annu14 ally thereafter, the Secretary of State, in coordination with 

15 the Secretary and the heads of other appropriate Federal 

16 agencies, shall submit to Congress a report on improving 

17 the exchange of information related to the security of 

18 North America. 

19 (b) CONTENTS.—Each report submitted under sub20 section (a) shall contain a description of the following: 

21 (1) SECURITY CLEARANCES AND DOCUMENT IN22 TEGRITY.—The progress made toward the develop23 ment of common enrollment, security, technical, and 

24 biometric standards for the issuance, authentication, 


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1 validation, and repudiation of secure documents, in2 cluding— 

3 (A) technical and biometric standards 

4 based on best practices and consistent with 

5 international standards for the issuance, au6 thentication, validation, and repudiation of trav7 el documents, including— 

8 (i) passports; 

9 (ii) visas; and 

10 (iii) permanent resident cards; 

11 (B) working with Canada and Mexico to 

12 encourage foreign governments to enact laws to 

13 combat alien smuggling and trafficking, and 

14 laws to forbid the use and manufacture of 

15 fraudulent travel documents and to promote in16 formation sharing; 

17 (C) applying the necessary pressures and 

18 support to ensure that other countries meet 

19 proper travel document standards and are com20 mitted to travel document verification before 

21 the citizens of such countries travel internation22 ally, including travel by such citizens to the 

23 United States; and 

24 (D) providing technical assistance for the 

25 development and maintenance of a national 


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1 database built upon identified best practices for 

2 biometrics associated with visa and travel docu3 ments. 

4 (2) IMMIGRATION AND VISA MANAGEMENT.— 

5 The progress of efforts to share information regard6 ing high-risk individuals who may attempt to enter 

7 Canada, Mexico, or the United States, including the 

8 progress made— 

9 (A) in implementing the Statement of Mu10 tual Understanding on Information Sharing, 

11 signed by Canada and the United States in 

12 February 2003; and 

13 (B) in identifying trends related to immi14 gration fraud, including asylum and document 

15 fraud, and to analyze such trends. 

16 (3) VISA POLICY COORDINATION AND IMMIGRA17 TION SECURITY.—The progress made by Canada, 

18 Mexico, and the United States to enhance the secu19 rity of North America by cooperating on visa policy 

20 and identifying best practices regarding immigration 

21 security, including the progress made— 

22 (A) in enhancing consultation among offi23 cials who issue visas at the consulates or em24 bassies of Canada, Mexico, or the United States 


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1 throughout the world to share information, 

2 trends, and best practices on visa flows; 

3 (B) in comparing the procedures and poli4 cies of Canada and the United States related to 

5 visitor visa processing, including— 

6 (i) application process; 

7 (ii) interview policy; 

8 (iii) general screening procedures; 

9 (iv) visa validity; 

10 (v) quality control measures; and 

11 (vi) access to appeal or review; 

12 (C) in exploring methods for Canada, Mex13 ico, and the United States to waive visa re14 quirements for nationals and citizens of the 

15 same foreign countries; 

16 (D) in providing technical assistance for 

17 the development and maintenance of a national 

18 database built upon identified best practices for 

19 biometrics associated with immigration viola20 tors; 

21 (E) in developing and implementing an im22 migration security strategy for North America 

23 that works toward the development of a com24 mon security perimeter by enhancing technical 

25 assistance for programs and systems to support 


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1 advance automated reporting and risk targeting 

2 of international passengers; 

3 (F) in sharing information on lost and sto4 len passports on a real-time basis among immi5 gration or law enforcement officials of Canada, 

6 Mexico, and the United States; and 

7 (G) in collecting 10 fingerprints from each 

8 individual who applies for a visa. 

9 (4) NORTH AMERICAN VISITOR OVERSTAY PRO10 GRAM.—The progress made by Canada and the 

11 United States in implementing parallel entry-exit 

12 tracking systems that, while respecting the privacy 

13 laws of both countries, share information regarding 

14 third country nationals who have overstayed their 

15 period of authorized admission in either Canada or 

16 the United States. 

17 (5) TERRORIST WATCH LISTS.—The progress 

18 made in enhancing the capacity of the United States 

19 to combat terrorism through the coordination of 

20 counterterrorism efforts, including the progress 

21 made— 

22 (A) in developing and implementing bilat23 eral agreements between Canada and the 

24 United States and between Mexico and the 

25 United States to govern the sharing of terrorist 


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1 watch list data and to comprehensively enu2 merate the uses of such data by the govern3 ments of each country; 

4 (B) in establishing appropriate linkages 

5 among Canada, Mexico, and the United States 

6 Terrorist Screening Center; and 

7 (C) in exploring with foreign governments 

8 the establishment of a multilateral watch list 

9 mechanism that would facilitate direct coordina10 tion between the country that identifies an indi11 vidual as an individual included on a watch list, 

12 and the country that owns such list, including 

13 procedures that satisfy the security concerns 

14 and are consistent with the privacy and other 

15 laws of each participating country. 

16 (6) MONEY LAUNDERING, CURRENCY SMUG17 GLING, AND ALIEN SMUGGLING.—The progress made 

18 in improving information sharing and law enforce19 ment cooperation in combating organized crime, in20 cluding the progress made— 

21 (A) in combating currency smuggling, 

22 money laundering, alien smuggling, and traf23 ficking in alcohol, firearms, and explosives; 


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1 (B) in implementing the agreement be2 tween Canada and the United States known as 

3 the Firearms Trafficking Action Plan; 

4 (C) in determining the feasibility of formu5 lating a firearms trafficking action plan be6 tween Mexico and the United States; 

7 (D) in developing a joint threat assessment 

8 on organized crime between Canada and the 

9 United States; 

10 (E) in determining the feasibility of formu11 lating a joint threat assessment on organized 

12 crime between Mexico and the United States; 

13 (F) in developing mechanisms to exchange 

14 information on findings, seizures, and capture 

15 of individuals transporting undeclared currency; 

16 and 

17 (G) in developing and implementing a plan 

18 to combat the transnational threat of illegal 

19 drug trafficking. 

20 (7) LAW ENFORCEMENT COOPERATION.—The 

21 progress made in enhancing law enforcement co22 operation among Canada, Mexico, and the United 

23 States through enhanced technical assistance for the 

24 development and maintenance of a national database 

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1 sociated with known and suspected criminals or ter2 rorists, including exploring the formation of law en3 forcement teams that include personnel from the 

4 United States and Mexico, and appropriate proce5 dures for such teams. 

6 SEC. 114. IMPROVING THE SECURITY OF MEXICO’S SOUTH7 ERN BORDER. 

8 (a) TECHNICAL ASSISTANCE.—The Secretary of 

9 State, in coordination with the Secretary, shall work to 

10 cooperate with the head of Foreign Affairs Canada and 

11 the appropriate officials of the Government of Mexico to 

12 establish a program— 

13 (1) to assess the specific needs of Guatemala 

14 and Belize in maintaining the security of the inter15 national borders of such countries; 

16 (2) to use the assessment made under para17 graph (1) to determine the financial and technical 

18 support needed by Guatemala and Belize from Can19 ada, Mexico, and the United States to meet such 

20 needs; 

21 (3) to provide technical assistance to Guatemala 

22 and Belize to promote issuance of secure passports 

23 and travel documents by such countries; and 

24 (4) to encourage Guatemala and Belize— 


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1 (A) to control alien smuggling and traf2 ficking; 

3 (B) to prevent the use and manufacture of 

4 fraudulent travel documents; and 

5 (C) to share relevant information with 

6 Mexico, Canada, and the United States. 

7 (b) BORDER SECURITY FOR BELIZE, GUATEMALA, 

8 AND MEXICO.—The Secretary, in consultation with the 

9 Secretary of State, shall work to cooperate— 

10 (1) with the appropriate officials of the Govern11 ment of Guatemala and the Government of Belize to 

12 provide law enforcement assistance to Guatemala 

13 and Belize that specifically addresses immigration 

14 issues to increase the ability of the Government of 

15 Guatemala to dismantle human smuggling organiza16 tions and gain additional control over the inter17 national border between Guatemala and Belize; and 

18 (2) with the appropriate officials of the Govern19 ment of Belize, the Government of Guatemala, the 

20 Government of Mexico, and the governments of 

21 neighboring contiguous countries to establish a pro22 gram to provide needed equipment, technical assist23 ance, and vehicles to manage, regulate, and patrol 

24 the international borders between Mexico and Guate25 mala and between Mexico and Belize. 


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1 (c) TRACKING CENTRAL AMERICAN GANGS.—The 

2 Secretary of State, in coordination with the Secretary and 

3 the Director of the Federal Bureau of Investigation, shall 

4 work to cooperate with the appropriate officials of the 

5 Government of Mexico, the Government of Guatemala, the 

6 Government of Belize, and the governments of other Cen7 tral American countries— 

8 (1) to assess the direct and indirect impact on 

9 the United States and Central America of deporting 

10 violent criminal aliens; 

11 (2) to establish a program and database to 

12 track individuals involved in Central American gang 

13 activities; 

14 (3) to develop a mechanism that is acceptable 

15 to the governments of Belize, Guatemala, Mexico, 

16 the United States, and other appropriate countries 

17 to notify such a government if an individual sus18 pected of gang activity will be deported to that coun19 try prior to the deportation and to provide support 

20 for the reintegration of such deportees into that 

21 country; and 

22 (4) to develop an agreement to share all rel23 evant information related to individuals connected 

24 with Central American gangs. 


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1 (d) LIMITATIONS ON ASSISTANCE.—Any funds made 

2 available to carry out this section shall be subject to the 

3 limitations contained in section 551 of the Foreign Oper4 ations, Export Financing, and Related Programs Appro5 priations Act of 2006 (Public Law 109–102; 119 Stat. 

6 2218). 

7 SEC. 115. COMBATING HUMAN SMUGGLING. 

8 (a) REQUIREMENT FOR PLAN.—The Secretary shall 

9 develop and implement a plan to improve coordination be10 tween the Bureau of Immigration and Customs Enforce11 ment and the Bureau of Customs and Border Protection 

12 of the Department and any other Federal, State, local, 

13 or tribal authorities, as determined appropriate by the 

14 Secretary, to improve coordination efforts to combat 

15 human smuggling. 

16 (b) CONTENT.—In developing the plan required by 

17 subsection (a), the Secretary shall consider— 

18 (1) the interoperability of databases utilized to 

19 prevent human smuggling; 

20 (2) adequate and effective personnel training; 

21 (3) methods and programs to effectively target 

22 networks that engage in such smuggling; 

23 (4) effective utilization of— 

24 (A) visas for victims of trafficking and 

25 other crimes; and 


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1 (B) investigatory techniques, equipment, 

2 and procedures that prevent, detect, and pros3 ecute international money laundering and other 

4 operations that are utilized in smuggling; 

5 (5) joint measures, with the Secretary of State, 

6 to enhance intelligence sharing and cooperation with 

7 foreign governments whose citizens are preyed on by 

8 human smugglers; and 

9 (6) other measures that the Secretary considers 

10 appropriate to combating human smuggling. 

11 (c) REPORT.—Not later than 1 year after imple12 menting the plan described in subsection (a), the Sec13 retary shall submit to Congress a report on such plan, in14 cluding any recommendations for legislative action to im15 prove efforts to combating human smuggling. 

16 (d) SAVINGS PROVISION.—Nothing in this section 

17 may be construed to provide additional authority to any 

18 State or local entity to enforce Federal immigration laws. 

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

20 (a) COLLECTION OF STATISTICS.—The Commis21 sioner of the Bureau of Customs and Border Protection 

22 shall collect statistics relating to deaths occurring at the 

23 border between the United States and Mexico, including— 

24 (1) the causes of the deaths; and 

25 (2) the total number of deaths. 


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1 (b) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, and annually thereafter, the 

3 Commissioner of the Bureau of Customs and Border Pro4 tection shall submit to the Secretary a report that— 

5 (1) analyzes trends with respect to the statistics 

6 collected under subsection (a) during the preceding 

7 year; and 

8 (2) recommends actions to reduce the deaths 

9 described in subsection (a). 

10 Subtitle C—Other Border Security 

11 Initiatives 

12 SEC. 121. BIOMETRIC DATA ENHANCEMENTS. 

13 Not later than October 1, 2007, the Secretary shall— 

14 (1) in consultation with the Attorney General, 

15 enhance connectivity between the Automated Bio16 metric Fingerprint Identification System (IDENT) 

17 of the Department and the Integrated Automated 

18 Fingerprint Identification System (IAFIS) of the 

19 Federal Bureau of Investigation to ensure more ex20 peditious data searches; and 

21 (2) in consultation with the Secretary of State, 

22 collect all fingerprints from each alien required to 

23 provide fingerprints during the alien’s initial enroll24 ment in the integrated entry and exit data system 

25 described in section 110 of the Illegal Immigration 


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1 Reform and Immigrant Responsibility Act of 1996 

2 (8 U.S.C. 1365a). 

3 SEC. 122. SECURE COMMUNICATION. 

4 The Secretary shall, as expeditiously as practicable, 

5 develop and implement a plan to improve the use of sat6 ellite communications and other technologies to ensure 

7 clear and secure 2-way communication capabilities— 

8 (1) among all Border Patrol agents conducting 

9 operations between ports of entry; 

10 (2) between Border Patrol agents and their re11 spective Border Patrol stations; 

12 (3) between Border Patrol agents and residents 

13 in remote areas along the international land borders 

14 of the United States; and 

15 (4) between all appropriate border security 

16 agencies of the Department and State, local, and 

17 tribal law enforcement agencies. 

18 SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW. 

19 (a) IN GENERAL.—The Comptroller General of the 

20 United States shall conduct a review of the basic training 

21 provided to Border Patrol agents by the Secretary to en22 sure that such training is provided as efficiently and cost23 effectively as possible. 

24 (b) COMPONENTS OF REVIEW.—The review under 

25 subsection (a) shall include the following components: 


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1 (1) An evaluation of the length and content of 

2 the basic training curriculum provided to new Bor3 der Patrol agents by the Federal Law Enforcement 

4 Training Center, including a description of how such 

5 curriculum has changed since September 11, 2001, 

6 and an evaluation of language and cultural diversity 

7 training programs provided within such curriculum. 

8 (2) A review and a detailed breakdown of the 

9 costs incurred by the Bureau of Customs and Bor10 der Protection and the Federal Law Enforcement 

11 Training Center to train 1 new Border Patrol agent. 

12 (3) A comparison, based on the review and 

13 breakdown under paragraph (2), of the costs, effec14 tiveness, scope, and quality, including geographic 

15 characteristics, with other similar training programs 

16 provided by State and local agencies, nonprofit orga17 nizations, universities, and the private sector. 

18 (4) An evaluation of whether utilizing com19 parable non-Federal training programs, proficiency 

20 testing, and long-distance learning programs may af21 fect— 

22 (A) the cost-effectiveness of increasing the 

23 number of Border Patrol agents trained per 

24 year; 


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1 (B) the per agent costs of basic training; 

2 and 

3 (C) the scope and quality of basic training 

4 needed to fulfill the mission and duties of a 

5 Border Patrol agent. 

6 SEC. 124. US–VISIT SYSTEM. 

7 Not later than 6 months after the date of the enact8 ment of this Act, the Secretary, in consultation with the 

9 heads of other appropriate Federal agencies, shall submit 

10 to Congress a schedule for— 

11 (1) equipping all land border ports of entry of 

12 the United States with the U.S.-Visitor and Immi13 grant Status Indicator Technology (US–VISIT) sys14 tem implemented under section 110 of the Illegal 

15 Immigration Reform and Immigrant Responsibility 

16 Act of 1996 (8 U.S.C. 1365a); 

17 (2) developing and deploying at such ports of 

18 entry the exit component of the US–VISIT system; 

19 and 

20 (3) making interoperable all immigration 

21 screening systems operated by the Secretary. 

22 SEC. 125. DOCUMENT FRAUD DETECTION. 

23 (a) TRAINING.—Subject to the availability of appro24 priations, the Secretary shall provide all Customs and 

25 Border Protection officers with training in identifying and 


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1 detecting fraudulent travel documents. Such training shall 

2 be developed in consultation with the head of the Forensic 

3 Document Laboratory of the Bureau of Immigration and 

4 Customs Enforcement. 

5 (b) FORENSIC DOCUMENT LABORATORY.—The Sec6 retary shall provide all Customs and Border Protection of7 ficers with access to the Forensic Document Laboratory. 

8 (c) ASSESSMENT.— 

9 (1) REQUIREMENT FOR ASSESSMENT.—The In10 spector General of the Department shall conduct an 

11 independent assessment of the accuracy and reli12 ability of the Forensic Document Laboratory. 

13 (2) REPORT TO CONGRESS.—Not later than 6 

14 months after the date of the enactment of this Act, 

15 the Inspector General shall submit to Congress the 

16 findings of the assessment required by paragraph 

17 (1). 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary such 

20 sums as may be necessary for each of fiscal years 2007 

21 through 2011 to carry out this section. 

22 SEC. 126. IMPROVED DOCUMENT INTEGRITY. 

23 (a) IN GENERAL.—Section 303 of the Enhanced Bor24 der Security and Visa Entry Reform Act of 2002 (8 

25 U.S.C. 1732) is amended— 


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1 (1) by striking ‘‘Attorney General’’ each place 

2 it appears and inserting ‘‘Secretary of Homeland Se3 curity’’; 

4 (2) in the heading, by striking ‘‘ENTRY AND

5 EXIT DOCUMENTS’’ and inserting ‘‘TRAVEL AND

6 ENTRY DOCUMENTS AND EVIDENCE OF STA7 TUS’’; 

8 (3) in subsection (b)(1)— 

9 (A) by striking ‘‘Not later than October 

10 26, 2004, the’’ and inserting ‘‘The’’; and 

11 (B) by striking ‘‘visas and’’ both places it 

12 appears and inserting ‘‘visas, evidence of status, 

13 and’’; 

14 (4) by redesignating subsection (d) as sub15 section (e); and 

16 (5) by inserting after subsection (c) the fol17 lowing: 

18 ‘‘(d) OTHER DOCUMENTS.—Not later than October 

19 26, 2007, every document, other than an interim docu20 ment, issued by the Secretary of Homeland Security, 

21 which may be used as evidence of an alien’s status as an 

22 immigrant, nonimmigrant, parolee, asylee, or refugee, 

23 shall be machine-readable and tamper-resistant, and shall 

24 incorporate a biometric identifier to allow the Secretary 


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1 of Homeland Security to verify electronically the identity 

2 and status of the alien.’’. 

3 SEC. 127. CANCELLATION OF VISAS. 

4 Section 222(g) (8 U.S.C. 1202(g)) is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘Attorney General’’ and in7 serting ‘‘Secretary of Homeland Security’’; and 

8 (B) by inserting ‘‘and any other non9 immigrant visa issued by the United States that 

10 is in the possession of the alien’’ after ‘‘such 

11 visa’’; and 

12 (2) in paragraph (2)(A), by striking ‘‘(other 

13 than the visa described in paragraph (1)) issued in 

14 a consular office located in the country of the alien’s 

15 nationality’’ and inserting ‘‘(other than a visa de16 scribed in paragraph (1)) issued in a consular office 

17 located in the country of the alien’s nationality or 

18 foreign residence’’. 

19 SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM. 

20 (a) COLLECTION OF BIOMETRIC DATA FROM ALIENS

21 DEPARTING THE UNITED STATES.—Section 215 (8 

22 U.S.C. 1185) is amended— 

23 (1) by redesignating subsection (c) as sub24 section (g); 


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1 (2) by moving subsection (g), as redesignated 

2 by paragraph (1), to the end; and 

3 (3) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) The Secretary of Homeland Security is author6 ized to require aliens departing the United States to pro7 vide biometric data and other information relating to their 

8 immigration status.’’. 

9 (b) INSPECTION OF APPLICANTS FOR ADMISSION.— 

10 Section 235(d) (8 U.S.C. 1225(d)) is amended by adding 

11 at the end the following: 

12 ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC

13 DATA.—In conducting inspections under subsection 

14 (b), immigration officers are authorized to collect bi15 ometric data from— 

16 ‘‘(A) any applicant for admission or alien 

17 seeking to transit through the United States; or 

18 ‘‘(B) any lawful permanent resident who is 

19 entering the United States and who is not re20 garded as seeking admission pursuant to sec21 tion 101(a)(13)(C).’’. 

22 (c) COLLECTION OF BIOMETRIC DATA FROM ALIEN

23 CREWMEN.—Section 252 (8 U.S.C. 1282) is amended by 

24 adding at the end the following: 


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1 ‘‘(d) An immigration officer is authorized to collect 

2 biometric data from an alien crewman seeking permission 

3 to land temporarily in the United States.’’. 

4 (d) GROUNDS OF INADMISSIBILITY.—Section 212 (8 

5 U.S.C. 1182) is amended— 

6 (1) in subsection (a)(7), by adding at the end 

7 the following: 

8 ‘‘(C) WITHHOLDERS OF BIOMETRIC

9 DATA.—Any alien who knowingly fails to com10 ply with a lawful request for biometric data 

11 under section 215(c) or 235(d) is inadmis12 sible.’’; and 

13 (2) in subsection (d), by inserting after para14 graph (1) the following: 

15 ‘‘(2) The Secretary of Homeland Security shall 

16 determine whether a ground for inadmissibility ex17 ists with respect to an alien described in subpara18 graph (C) of subsection (a)(7) and may waive the 

19 application of such subparagraph for an individual 

20 alien or a class of aliens, at the discretion of the 

21 Secretary.’’. 

22 (e) IMPLEMENTATION.—Section 7208 of the 9/11 

23 Commission Implementation Act of 2004 (8 U.S.C. 

24 1365b) is amended— 


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1 (1) in subsection (c), by adding at the end the 

2 following: 

3 ‘‘(3) IMPLEMENTATION.—In fully implementing 

4 the automated biometric entry and exit data system 

5 under this section, the Secretary is not required to 

6 comply with the requirements of chapter 5 of title 5, 

7 United States Code (commonly referred to as the 

8 Administrative Procedure Act) or any other law re9 lating to rulemaking, information collection, or pub10 lication in the Federal Register.’’; and 

11 (2) in subsection (l)— 

12 (A) by striking ‘‘There are authorized’’ 

13 and inserting the following: 

14 ‘‘(1) IN GENERAL.—There are authorized’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER

17 PORTS OF ENTRY.—There are authorized to be ap18 propriated such sums as may be necessary for each 

19 of fiscal years 2007 and 2008 to implement the 

20 automated biometric entry and exit data system at 

21 all land border ports of entry.’’. 

22 SEC. 129. BORDER STUDY. 

23 (a) SOUTHERN BORDER STUDY.—The Secretary, in 

24 consultation with the Attorney General, the Secretary of 

25 the Interior, the Secretary of Agriculture, the Secretary 


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1 of Defense, the Secretary of Commerce, and the Adminis2 trator of the Environmental Protection Agency, shall con3 duct a study on the construction of a system of physical 

4 barriers along the southern international land and mari5 time border of the United States. The study shall in6 clude— 

7 (1) an assessment of the necessity of con8 structing such a system, including the identification 

9 of areas of high priority for the construction of such 

10 a system determined after consideration of factors 

11 including the amount of narcotics trafficking and 

12 the number of illegal immigrants apprehended in 

13 such areas; 

14 (2) an assessment of the feasibility of con15 structing such a system; 

16 (3) an assessment of the international, national, 

17 and regional environmental impact of such a system, 

18 including the impact on zoning, global climate 

19 change, ozone depletion, biodiversity loss, and 

20 transboundary pollution; 

21 (4) an assessment of the necessity for ports of 

22 entry along such a system; 

23 (5) an assessment of the impact such a system 

24 would have on international trade, commerce, and 

25 tourism; 


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1 (6) an assessment of the effect of such a system 

2 on private property rights including issues of emi3 nent domain and riparian rights; 

4 (7) an estimate of the costs associated with 

5 building a barrier system, including costs associated 

6 with excavation, construction, and maintenance; 

7 (8) an assessment of the effect of such a system 

8 on Indian reservations and units of the National 

9 Park System; 

10 (9) an assessment of the necessity of con11 structing such a system after the implementation of 

12 provisions of this Act relating to guest workers, visa 

13 reform, and interior and worksite enforcement, and 

14 the likely effect of such provisions on undocumented 

15 immigration and the flow of illegal immigrants 

16 across the international border of the United States; 

17 (10) an assessment of the impact of such a sys18 tem on diplomatic relations between the United 

19 States and Mexico, Central America, and South 

20 America, including the likely impact of such a sys21 tem on existing and potential areas of bilateral and 

22 multilateral cooperative enforcement efforts; 

23 (11) an assessment of the impact of such a sys24 tem on the quality of life within border communities 

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1 pact on noise and light pollution, housing, transpor2 tation, security, and environmental health; 

3 (12) an assessment of the likelihood that such 

4 a system would lead to increased violations of the 

5 human rights, health, safety, or civil rights of indi6 viduals in the region near the southern international 

7 border of the United States, regardless of the immi8 gration status of such individuals; 

9 (13) an assessment of the effect such a system 

10 would have on violence near the southern inter11 national border of the United States; and 

12 (14) an assessment of the effect of such a sys13 tem on the vulnerability of the United States to in14 filtration by terrorists or other agents intending to 

15 inflict direct harm on the United States. 

16 (b) REPORT.—Not later than 9 months after the date 

17 of the enactment of this Act, the Secretary shall submit 

18 to Congress a report on the study described in subsection 

19 (a). 

20 SEC. 130. SECURE BORDER INITIATIVE FINANCIAL AC21 COUNTABILITY. 

22 (a) IN GENERAL.—The Inspector General of the De23 partment shall review each contract action relating to the 

24 Secure Border Initiative having a value of more than 

25 $20,000,000, to determine whether each such action fully 


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1 complies with applicable cost requirements, performance 

2 objectives, program milestones, inclusion of small, minor3 ity, and women-owned business, and time lines. The In4 spector General shall complete a review under this sub5 section with respect to each contract action— 

6 (1) not later than 60 days after the date of the 

7 initiation of the action; and 

8 (2) upon the conclusion of the performance of 

9 the contract. 

10 (b) INSPECTOR GENERAL.— 

11 (1) ACTION.—If the Inspector General becomes 

12 aware of any improper conduct or wrongdoing in the 

13 course of conducting a contract review under sub14 section (a), the Inspector General shall, as expedi15 tiously as practicable, refer information relating to 

16 such improper conduct or wrongdoing to the Sec17 retary, or to another appropriate official of the De18 partment, who shall determine whether to tempo19 rarily suspend the contractor from further participa20 tion in the Secure Border Initiative. 

21 (2) REPORT.—Upon the completion of each re22 view described in subsection (a), the Inspector Gen23 eral shall submit to the Secretary a report con24 taining the findings of the review, including findings 

25 regarding— 


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1 (A) cost overruns; 

2 (B) significant delays in contract execu3 tion; 

4 (C) lack of rigorous departmental contract 

5 management; 

6 (D) insufficient departmental financial 

7 oversight; 

8 (E) bundling that limits the ability of 

9 small businesses to compete; or 

10 (F) other high risk business practices. 

11 (c) REPORTS BY THE SECRETARY.— 

12 (1) IN GENERAL.—Not later than 30 days after 

13 the receipt of each report required under subsection 

14 (b)(2), the Secretary shall submit a report, to the 

15 Committee on the Judiciary of the Senate and the 

16 Committee on the Judiciary of the House of Rep17 resentatives, that describes— 

18 (A) the findings of the report received 

19 from the Inspector General; and 

20 (B) the steps the Secretary has taken, or 

21 plans to take, to address the problems identified 

22 in such report. 

23 (2) CONTRACTS WITH FOREIGN COMPANIES.— 

24 Not later than 60 days after the initiation of each 

25 contract action with a company whose headquarters 


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1 is not based in the United States, the Secretary 

2 shall submit a report to the Committee on the Judi3 ciary of the Senate and the Committee on the Judi4 ciary of the House of Representatives, regarding the 

5 Secure Border Initiative. 

6 (d) REPORTS ON UNITED STATES PORTS.—Not later 

7 that 30 days after receiving information regarding a pro8 posed purchase of a contract to manage the operations of 

9 a United States port by a foreign entity, the Committee 

10 on Foreign Investment in the United States shall submit 

11 a report to Congress that describes— 

12 (1) the proposed purchase; 

13 (2) any security concerns related to the pro14 posed purchase; and 

15 (3) the manner in which such security concerns 

16 have been addressed. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi18 tion to amounts that are otherwise authorized to be appro19 priated to the Office of the Inspector General of the De20 partment, there are authorized to be appropriated to the 

21 Office, to enable the Office to carry out this section— 

22 (1) for fiscal year 2007, not less than 5 percent 

23 of the overall budget of the Office for such fiscal 

24 year; 


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1 (2) for fiscal year 2008, not less than 6 percent 

2 of the overall budget of the Office for such fiscal 

3 year; and 

4 (3) for fiscal year 2009, not less than 7 percent 

5 of the overall budget of the Office for such fiscal 

6 year. 

7 SEC. 131. MANDATORY DETENTION FOR ALIENS APPRE8 HENDED AT OR BETWEEN PORTS OF ENTRY. 

9 (a) IN GENERAL.—Beginning on October 1, 2007, an 

10 alien (other than a national of Mexico) who is attempting 

11 to illegally enter the United States and who is appre12 hended at a United States port of entry or along the inter13 national land and maritime border of the United States 

14 shall be detained until removed or a final decision granting 

15 admission has been determined, unless the alien— 

16 (1) is permitted to withdraw an application for 

17 admission under section 235(a)(4) of the Immigra18 tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 

19 immediately departs from the United States pursu20 ant to such section; or 

21 (2) is paroled into the United States by the 

22 Secretary for urgent humanitarian reasons or sig23 nificant public benefit in accordance with section 

24 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). 


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1 (b) REQUIREMENTS DURING INTERIM PERIOD.—Be2 ginning 60 days after the date of the enactment of this 

3 Act and before October 1, 2007, an alien described in sub4 section (a) may be released with a notice to appear only 

5 if— 

6 (1) the Secretary determines, after conducting 

7 all appropriate background and security checks on 

8 the alien, that the alien does not pose a national se9 curity risk; and 

10 (2) the alien provides a bond of not less than 

11 $5,000. 

12 (c) RULES OF CONSTRUCTION.— 

13 (1) ASYLUM AND REMOVAL.—Nothing in this 

14 section shall be construed as limiting the right of an 

15 alien to apply for asylum or for relief or deferral of 

16 removal based on a fear of persecution. 

17 (2) TREATMENT OF CERTAIN ALIENS.—The 

18 mandatory detention requirement in subsection (a) 

19 does not apply to any alien who is a native or citizen 

20 of a country in the Western Hemisphere with whose 

21 government the United States does not have full dip22 lomatic relations. 

23 (3) DISCRETION.—Nothing in this section shall 

24 be construed as limiting the authority of the Sec25 retary, in the Secretary’s sole unreviewable discreVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 tion, to determine whether an alien described in 

2 clause (ii) of section 235(b)(1)(B) of the Immigra3 tion and Nationality Act shall be detained or re4 leased after a finding of a credible fear of persecu5 tion (as defined in clause (v) of such section). 

6 SEC. 132. EVASION OF INSPECTION OR VIOLATION OF AR7 RIVAL, REPORTING, ENTRY, OR CLEARANCE 

8 REQUIREMENTS. 

9 (a) IN GENERAL.—Chapter 27 of title 18, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 554. Evasion of inspection or during violation of 

13 arrival, reporting, entry, or clearance re14 quirements 

15 ‘‘(a) PROHIBITION.—A person shall be punished as 

16 described in subsection (b) if such person attempts to 

17 elude or eludes customs, immigration, or agriculture in18 spection or fails to stop at the command of an officer or 

19 employee of the United States charged with enforcing the 

20 immigration, customs, or other laws of the United States 

21 at a port of entry or customs or immigration checkpoint. 

22 ‘‘(b) PENALTIES.—A person who commits an offense 

23 described in subsection (a) shall be— 

24 ‘‘(1) fined under this title; 


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1 ‘‘(2)(A) imprisoned for not more than 3 years, 

2 or both; 

3 ‘‘(B) imprisoned for not more than 10 years, or 

4 both, if in commission of this violation, attempts to 

5 inflict or inflicts bodily injury (as defined in section 

6 1365(g) of this title); or 

7 ‘‘(C) imprisoned for any term of years or for 

8 life, or both, if death results, and may be sentenced 

9 to death; or 

10 ‘‘(3) both fined and imprisoned under this sub11 section. 

12 ‘‘(c) CONSPIRACY.—If 2 or more persons conspire to 

13 commit an offense described in subsection (a), and 1 or 

14 more of such persons do any act to effect the object of 

15 the conspiracy, each shall be punishable as a principal, ex16 cept that the sentence of death may not be imposed. 

17 ‘‘(d) PRIMA FACIE EVIDENCE.—For the purposes of 

18 seizure and forfeiture under applicable law, in the case of 

19 use of a vehicle or other conveyance in the commission 

20 of this offense, or in the case of disregarding or disobeying 

21 the lawful authority or command of any officer or em22 ployee of the United States under section 111(b) of this 

23 title, such conduct shall constitute prima facie evidence of 

24 smuggling aliens or merchandise.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter 27 of title 18, United States Code, is 

3 amended by inserting at the end: 

‘‘554. Evasion of inspection or during violation of arrival, reporting, entry, or 

clearance requirements.’’. 

4 (c) FAILURE TO OBEY BORDER ENFORCEMENT OF5 FICERS.—Section 111 of title 18, United States Code, is 

6 amended by inserting after subsection (b) the following: 

7 ‘‘(c) FAILURE TO OBEY LAWFUL ORDERS OF BOR8 DER ENFORCEMENT OFFICERS.—Whoever willfully dis9 regards or disobeys the lawful authority or commend of 

10 any officer or employee of the United States charged with 

11 enforcing the immigration, customs, or other laws of the 

12 United States while engaged in, or on account of, the per13 formance of official duties shall be fined under this title 

14 or imprisoned for not more than 5 years, or both.’’. 

15 Subtitle D—Border Tunnel 

16 Prevention Act 

17 SEC. 141. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Border Tunnel 

19 Prevention Act’’. 

20 SEC. 142. CONSTRUCTION OF BORDER TUNNEL OR PAS21 SAGE. 

22 (a) IN GENERAL.—Chapter 27 of title 18, United 

23 States Code, as amended by section 132, is further amend24 ed by adding at the end the following: 


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1 ‘‘§ 555. Border tunnels and passages 

2 ‘‘(a) Any person who knowingly constructs or fi3 nances the construction of a tunnel or subterranean pas4 sage that crosses the international border between the 

5 United States and another country, other than a lawfully 

6 authorized tunnel or passage known to the Secretary of 

7 Homeland Security and subject to inspection by the Bu8 reau of Immigration and Customs Enforcement, shall be 

9 fined under this title and imprisoned for not more than 

10 20 years. 

11 ‘‘(b) Any person who knows or recklessly disregards 

12 the construction or use of a tunnel or passage described 

13 in subsection (a) on land that the person owns or controls 

14 shall be fined under this title and imprisoned for not more 

15 than 10 years. 

16 ‘‘(c) Any person who uses a tunnel or passage de17 scribed in subsection (a) to unlawfully smuggle an alien, 

18 goods (in violation of section 545), controlled substances, 

19 weapons of mass destruction (including biological weap20 ons), or a member of a terrorist organization (as defined 

21 in section 212(a)(3)(B)(vi) of the Immigration and Na22 tionality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be sub23 ject to a maximum term of imprisonment that is twice the 

24 maximum term of imprisonment that would have other25 wise been applicable had the unlawful activity not made 

26 use of such a tunnel or passage.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 27 of title 18, United States Code, as amended 

3 by section 132, is further amended by adding at the end 

4 the following: 

‘‘Sec. 555. Border tunnels and passages.’’. 

5 (c) CRIMINAL FORFEITURE.—Section 982(a)(6) of 

6 title 18, United States Code, is amended by inserting 

7 ‘‘555,’’ before ‘‘1425,’’. 

8 SEC. 143. DIRECTIVE TO THE UNITED STATES SENTENCING 

9 COMMISSION. 

10 (a) IN GENERAL.—Pursuant to its authority under 

11 section 994 of title 28, United States Code, and in accord12 ance with this section, the United States Sentencing Com13 mission shall promulgate or amend sentencing guidelines 

14 to provide for increased penalties for persons convicted of 

15 offenses described in section 554 of title 18, United States 

16 Code, as added by section 132. 

17 (b) REQUIREMENTS.—In carrying out this section, 

18 the United States Sentencing Commission shall— 

19 (1) ensure that the sentencing guidelines, policy 

20 statements, and official commentary reflect the seri21 ous nature of the offenses described in section 554 

22 of title 18, United States Code, and the need for ag23 gressive and appropriate law enforcement action to 

24 prevent such offenses; 


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1 (2) provide adequate base offense levels for of2 fenses under such section; 

3 (3) account for any aggravating or mitigating 

4 circumstances that might justify exceptions, includ5 ing— 

6 (A) the use of a tunnel or passage de7 scribed in subsection (a) of such section to fa8 cilitate other felonies; and 

9 (B) the circumstances for which the sen10 tencing guidelines currently provide applicable 

11 sentencing enhancements; 

12 (4) ensure reasonable consistency with other 

13 relevant directives, other sentencing guidelines, and 

14 statutes; 

15 (5) make any necessary and conforming 

16 changes to the sentencing guidelines and policy 

17 statements; and 

18 (6) ensure that the sentencing guidelines ade19 quately meet the purposes of sentencing set forth in 

20 section 3553(a)(2) of title 18, United States Code. 

21 Subtitle E—Border Law 

22 Enforcement Relief Act 

23 SEC. 151. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Border Law En25 forcement Relief Act of 2006’’. 


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1 SEC. 152. FINDINGS. 

2 Congress finds the following: 

3 (1) It is the obligation of the Federal Govern4 ment of the United States to adequately secure the 

5 Nation’s borders and prevent the flow of undocu6 mented persons and illegal drugs into the United 

7 States. 

8 (2) Despite the fact that the United States 

9 Border Patrol apprehends over 1,000,000 people 

10 each year trying to illegally enter the United States, 

11 according to the Congressional Research Service, the 

12 net growth in the number of unauthorized aliens has 

13 increased by approximately 500,000 each year. The 

14 Southwest border accounts for approximately 94 

15 percent of all migrant apprehensions each year. Cur16 rently, there are an estimated 11,000,000 unauthor17 ized aliens in the United States. 

18 (3) The border region is also a major corridor 

19 for the shipment of drugs. According to the El Paso 

20 Intelligence Center, 65 percent of the narcotics that 

21 are sold in the markets of the United States enter 

22 the country through the Southwest Border. 

23 (4) Border communities continue to incur sig24 nificant costs due to the lack of adequate border se25 curity. A 2001 study by the United States-Mexico 

26 Border Counties Coalition found that law enforceVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 ment and criminal justice expenses associated with 

2 illegal immigration exceed $89,000,000 annually for 

3 the Southwest border counties. 

4 (5) In August 2005, the States of New Mexico 

5 and Arizona declared states of emergency in order to 

6 provide local law enforcement immediate assistance 

7 in addressing criminal activity along the Southwest 

8 border. 

9 (6) While the Federal Government provides 

10 States and localities assistance in covering costs re11 lated to the detention of certain criminal aliens and 

12 the prosecution of Federal drug cases, local law en13 forcement along the border are provided no assist14 ance in covering such expenses and must use their 

15 limited resources to combat drug trafficking, human 

16 smuggling, kidnappings, the destruction of private 

17 property, and other border-related crimes. 

18 (7) The United States shares 5,525 miles of 

19 border with Canada and 1,989 miles with Mexico. 

20 Many of the local law enforcement agencies located 

21 along the border are small, rural departments 

22 charged with patrolling large areas of land. Counties 

23 along the Southwest United States-Mexico border 

24 are some of the poorest in the country and lack the 

25 financial resources to cover the additional costs assoVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 ciated with illegal immigration, drug trafficking, and 

2 other border-related crimes. 

3 (8) Federal assistance is required to help local 

4 law enforcement operating along the border address 

5 the unique challenges that arise as a result of their 

6 proximity to an international border and the lack of 

7 overall border security in the region 

8 SEC. 153. BORDER RELIEF GRANT PROGRAM. 

9 (a) GRANTS AUTHORIZED.— 

10 (1) IN GENERAL.—The Secretary is authorized 

11 to award grants, subject to the availability of appro12 priations, to an eligible law enforcement agency to 

13 provide assistance to such agency to address— 

14 (A) criminal activity that occurs in the ju15 risdiction of such agency by virtue of such 

16 agency’s proximity to the United States border; 

17 and 

18 (B) the impact of any lack of security 

19 along the United States border. 

20 (2) DURATION.—Grants may be awarded under 

21 this subsection during fiscal years 2007 through 

22 2011. 

23 (3) COMPETITIVE BASIS.—The Secretary shall 

24 award grants under this subsection on a competitive 

25 basis, except that the Secretary shall give priority to 


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1 applications from any eligible law enforcement agen2 cy serving a community— 

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

4 and 

5 (B) located no more than 100 miles from 

6 a United States border with— 

7 (i) Canada; or 

8 (ii) Mexico. 

9 (b) USE OF FUNDS.—Grants awarded pursuant to 

10 subsection (a) may only be used to provide additional re11 sources for an eligible law enforcement agency to address 

12 criminal activity occurring along any such border, includ13 ing— 

14 (1) to obtain equipment; 

15 (2) to hire additional personnel; 

16 (3) to upgrade and maintain law enforcement 

17 technology; 

18 (4) to cover operational costs, including over19 time and transportation costs; and 

20 (5) such other resources as are available to as21 sist that agency. 

22 (c) APPLICATION.— 

23 (1) IN GENERAL.—Each eligible law enforce24 ment agency seeking a grant under this section shall 

25 submit an application to the Secretary at such time, 


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1 in such manner, and accompanied by such informa2 tion as the Secretary may reasonably require. 

3 (2) CONTENTS.—Each application submitted 

4 pursuant to paragraph (1) shall— 

5 (A) describe the activities for which assist6 ance under this section is sought; and 

7 (B) provide such additional assurances as 

8 the Secretary determines to be essential to en9 sure compliance with the requirements of this 

10 section. 

11 (d) DEFINITIONS.—For the purposes of this section: 

12 (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— 

13 The term ‘‘eligible law enforcement agency’’ means 

14 a tribal, State, or local law enforcement agency— 

15 (A) located in a county no more than 100 

16 miles from a United States border with— 

17 (i) Canada; or 

18 (ii) Mexico; or 

19 (B) located in a county more than 100 

20 miles from any such border, but where such 

21 county has been certified by the Secretary as a 

22 High Impact Area. 

23 (2) HIGH IMPACT AREA.—The term ‘‘High Im24 pact Area’’ means any county designated by the Sec25 retary as such, taking into consideration— 


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1 (A) whether local law enforcement agencies 

2 in that county have the resources to protect the 

3 lives, property, safety, or welfare of the resi4 dents of that county; 

5 (B) the relationship between any lack of 

6 security along the United States border and the 

7 rise, if any, of criminal activity in that county; 

8 and 

9 (C) any other unique challenges that local 

10 law enforcement face due to a lack of security 

11 along the United States border. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) IN GENERAL.—There are authorized to be 

14 appropriated $50,000,000 for each of fiscal years 

15 2007 through 2011 to carry out the provisions of 

16 this section. 

17 (2) DIVISION OF AUTHORIZED FUNDS.—Of the 

18 amounts authorized under paragraph (1)— 

(A) 2 19 ⁄3 shall be set aside for eligible law en20 forcement agencies located in the 6 States with 

21 the largest number of undocumented alien ap22 prehensions; and 

(B) 1 23 ⁄3 shall be set aside for areas des24 ignated as a High Impact Area under sub25 section (d). 


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1 (f) SUPPLEMENT NOT SUPPLANT.—Amounts appro2 priated for grants under this section shall be used to sup3 plement and not supplant other State and local public 

4 funds obligated for the purposes provided under this title. 

5 SEC. 154. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. 

6 Nothing in this subtitle shall be construed to author7 ize State or local law enforcement agencies or their officers 

8 to exercise Federal immigration law enforcement author9 ity. 

10 TITLE II—INTERIOR 

11 ENFORCEMENT 

12 SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TER13 RORIST ALIENS. 

14 (a) ASYLUM.—Section 208(b)(2)(A)(v) (8 U.S.C. 

15 1158(b)(2)(A)(v)) is amended by striking ‘‘or (VI)’’ and 

16 inserting ‘‘(V), (VI), (VII), or (VIII)’’. 

17 (b) CANCELLATION OF REMOVAL.—Section 

18 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is amended— 

19 (1) by striking ‘‘inadmissible under’’ and insert20 ing ‘‘described in’’; and 

21 (2) by striking ‘‘deportable under’’ and insert22 ing ‘‘described in’’. 

23 (c) VOLUNTARY DEPARTURE.—Section 

24 240B(b)(1)(C) (8 U.S.C. 1229c(b)(1)(C)) is amended by 

25 striking ‘‘deportable under section 237(a)(2)(A)(iii) or 


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1 section 237(a)(4)’’ and inserting ‘‘described in paragraph 

2 (2)(A)(iii) or (4) of section 237(a)’’. 

3 (d) RESTRICTION ON REMOVAL.—Section 

4 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended— 

5 (1) in clause (iii), by striking ‘‘or’’ at the end; 

6 (2) in clause (iv) by striking the period at the 

7 end and inserting ‘‘; or’’; 

8 (3) by inserting after clause (iv) the following: 

9 ‘‘(v) the alien is described in section 

10 237(a)(4)(B) (other than an alien de11 scribed in section 212(a)(3)(B)(i)(IV) if 

12 the Secretary of Homeland Security deter13 mines that there are not reasonable 

14 grounds for regarding the alien as a dan15 ger to the security of the United States).’’; 

16 and 

17 (4) in the undesignated paragraph, by striking 

18 ‘‘For purposes of clause (iv), an alien who is de19 scribed in section 237(a)(4)(B) shall be considered 

20 to be an alien with respect to whom there are rea21 sonable grounds for regarding as a danger to the se22 curity of the United States.’’. 

23 (e) RECORD OF ADMISSION.—Section 249 (8 U.S.C. 

24 1259) is amended to read as follows: 


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1 ‘‘SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESI2 DENCE IN THE CASE OF CERTAIN ALIENS 

3 WHO ENTERED THE UNITED STATES PRIOR 

4 TO JANUARY 1, 1972. 

5 ‘‘A record of lawful admission for permanent resi6 dence may be made, in the discretion of the Secretary of 

7 Homeland Security and under such regulations as the Sec8 retary may prescribe, for any alien, as of the date of the 

9 approval of the alien’s application or, if entry occurred be10 fore July 1, 1924, as of the date of such entry if no such 

11 record is otherwise available, if the alien establishes that 

12 the alien— 

13 ‘‘(1) is not described in section 212(a)(3)(E) or 

14 in section 212(a) (insofar as it relates to criminals, 

15 procurers, other immoral persons, subversives, viola16 tors of the narcotics laws, or smugglers of aliens); 

17 ‘‘(2) entered the United States before January 

18 1, 1972; 

19 ‘‘(3) has resided in the United States continu20 ously since such entry; 

21 ‘‘(4) is a person of good moral character; 

22 ‘‘(5) is not ineligible for citizenship; and 

23 ‘‘(6) is not described in section 237(a)(4)(B).’’. 

24 (f) EFFECTIVE DATE AND APPLICATION.—The 

25 amendments made by this section shall— 


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1 (1) take effect on the date of the enactment of 

2 this Act; and 

3 (2) apply to any act or condition constituting a 

4 ground for inadmissibility, excludability, or removal 

5 occurring or existing on or after the date of the en6 actment of this Act. 

7 SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED 

8 REMOVED. 

9 (a) IN GENERAL.— 

10 (1) AMENDMENTS.—Section 241(a) (8 U.S.C. 

11 1231(a)) is amended— 

12 (A) by striking ‘‘Attorney General’’ the 

13 first place it appears and inserting ‘‘Secretary 

14 of Homeland Security’’; 

15 (B) by striking ‘‘Attorney General’’ any 

16 other place it appears and inserting ‘‘Sec17 retary’’; 

18 (C) in paragraph (1)— 

19 (i) in subparagraph (B), by amending 

20 clause (ii) to read as follows: 

21 ‘‘(ii) If a court, the Board of Immi22 gration Appeals, or an immigration judge 

23 orders a stay of the removal of the alien, 

24 the expiration date of the stay of re25 moval.’’; 


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1 (ii) by amending subparagraph (C) to 

2 read as follows: 

3 ‘‘(C) EXTENSION OF PERIOD.—The re4 moval period shall be extended beyond a period 

5 of 90 days and the alien may remain in deten6 tion during such extended period if the alien 

7 fails or refuses to— 

8 ‘‘(i) make all reasonable efforts to 

9 comply with the removal order; or 

10 ‘‘(ii) fully cooperate with the Sec11 retary’s efforts to establish the alien’s 

12 identity and carry out the removal order, 

13 including failing to make timely application 

14 in good faith for travel or other documents 

15 necessary to the alien’s departure, or con16 spiring or acting to prevent the alien’s re17 moval.’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(D) TOLLING OF PERIOD.—If, at the 

21 time described in subparagraph (B), the alien is 

22 not in the custody of the Secretary under the 

23 authority of this Act, the removal period shall 

24 not begin until the alien is taken into such cus25 tody. If the Secretary lawfully transfers custody 


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1 of the alien during the removal period to an2 other Federal agency or to a State or local gov3 ernment agency in connection with the official 

4 duties of such agency, the removal period shall 

5 be tolled, and shall recommence on the date on 

6 which the alien is returned to the custody of the 

7 Secretary.’’; 

8 (D) in paragraph (2), by adding at the end 

9 the following: ‘‘If a court, the Board of Immi10 gration Appeals, or an immigration judge or11 ders a stay of removal of an alien who is sub12 ject to an administrative final order of removal, 

13 the Secretary, in the exercise of discretion, may 

14 detain the alien during the pendency of such 

15 stay of removal.’’; 

16 (E) in paragraph (3), by amending sub17 paragraph (D) to read as follows: 

18 ‘‘(D) to obey reasonable restrictions on the 

19 alien’s conduct or activities, or to perform af20 firmative acts, that the Secretary prescribes for 

21 the alien— 

22 ‘‘(i) to prevent the alien from ab23 sconding; 

24 ‘‘(ii) for the protection of the commu25 nity; or 


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1 ‘‘(iii) for other purposes related to the 

2 enforcement of the immigration laws.’’; 

3 (F) in paragraph (6), by striking ‘‘removal 

4 period and, if released,’’ and inserting ‘‘removal 

5 period, in the discretion of the Secretary, with6 out any limitations other than those specified in 

7 this section, until the alien is removed. If an 

8 alien is released, the alien’’; 

9 (G) by redesignating paragraph (7) as 

10 paragraph (10); and 

11 (H) by inserting after paragraph (6) the 

12 following: 

13 ‘‘(7) PAROLE.—If an alien detained pursuant to 

14 paragraph (6) is an applicant for admission, the 

15 Secretary of Homeland Security, in the Secretary’s 

16 discretion, may parole the alien under section 

17 212(d)(5) and may provide, notwithstanding section 

18 212(d)(5), that the alien shall not be returned to 

19 custody unless either the alien violates the conditions 

20 of the alien’s parole or the alien’s removal becomes 

21 reasonably foreseeable, provided that in no cir22 cumstance shall such alien be considered admitted. 

23 ‘‘(8) ADDITIONAL RULES FOR DETENTION OR

24 RELEASE OF ALIENS.—The following procedures 

25 shall apply to an alien detained under this section: 


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1 ‘‘(A) DETENTION REVIEW PROCESS FOR

2 ALIENS WHO HAVE EFFECTED AN ENTRY AND

3 FULLY COOPERATE WITH REMOVAL.—The Sec4 retary of Homeland Security shall establish an 

5 administrative review process to determine 

6 whether an alien described in subparagraph (B) 

7 should be detained or released after the removal 

8 period in accordance with this paragraph. 

9 ‘‘(B) ALIEN DESCRIBED.—An alien is de10 scribed in this subparagraph if the alien— 

11 ‘‘(i) has effected an entry into the 

12 United States; 

13 ‘‘(ii) has made all reasonable efforts 

14 to comply with the alien’s removal order; 

15 ‘‘(iii) has cooperated fully with the 

16 Secretary’s efforts to establish the alien’s 

17 identity and to carry out the removal 

18 order, including making timely application 

19 in good faith for travel or other documents 

20 necessary for the alien’s departure; and 

21 ‘‘(iv) has not conspired or acted to 

22 prevent removal. 

23 ‘‘(C) EVIDENCE.—In making a determina24 tion under subparagraph (A), the Secretary— 


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1 ‘‘(i) shall consider any evidence sub2 mitted by the alien; 

3 ‘‘(ii) may consider any other evidence, 

4 including— 

5 ‘‘(I) any information or assist6 ance provided by the Department of 

7 State or other Federal agency; and 

8 ‘‘(II) any other information avail9 able to the Secretary pertaining to the 

10 ability to remove the alien. 

11 ‘‘(D) AUTHORITY TO DETAIN FOR 90 DAYS

12 BEYOND REMOVAL PERIOD.—The Secretary, in 

13 the exercise of the Secretary’s discretion and 

14 without any limitations other than those speci15 fied in this section, may detain an alien for 90 

16 days beyond the removal period (including any 

17 extension of the removal period under para18 graph (1)(C)). 

19 ‘‘(E) AUTHORITY TO DETAIN FOR ADDI20 TIONAL PERIOD.—The Secretary, in the exer21 cise of the Secretary’s discretion and without 

22 any limitations other than those specified in 

23 this section, may detain an alien beyond the 90- 

24 day period authorized under subparagraph (D) 

25 until the alien is removed, if the Secretary— 


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1 ‘‘(i) determines that there is a signifi2 cant likelihood that the alien will be re3 moved in the reasonably foreseeable future; 

4 or 

5 ‘‘(ii) certifies in writing— 

6 ‘‘(I) in consultation with the Sec7 retary of Health and Human Services, 

8 that the alien has a highly contagious 

9 disease that poses a threat to public 

10 safety; 

11 ‘‘(II) after receipt of a written 

12 recommendation from the Secretary of 

13 State, that the release of the alien 

14 would likely have serious adverse for15 eign policy consequences for the 

16 United States; 

17 ‘‘(III) based on information avail18 able to the Secretary (including classi19 fied, sensitive, or national security in20 formation, and regardless of the 

21 grounds upon which the alien was or22 dered removed), that there is reason 

23 to believe that the release of the alien 

24 would threaten the national security 

25 of the United States; 


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1 ‘‘(IV) that— 

2 ‘‘(aa) the release of the alien 

3 would threaten the safety of the 

4 community or any person, and 

5 conditions of release cannot rea6 sonably be expected to ensure the 

7 safety of the community or any 

8 person; and 

9 ‘‘(bb) the alien— 

10 ‘‘(AA) has been con11 victed of 1 or more aggra12 vated felonies (as defined in 

13 section 101(a)(43)(A)), or of 

14 1 or more attempts or con15 spiracies to commit any such 

16 aggravated felonies for an 

17 aggregate term of imprison18 ment of at least 5 years; or 

19 ‘‘(BB) has committed a 

20 crime of violence (as defined 

21 in section 16 of title 18, 

22 United States Code, but not 

23 including a purely political 

24 offense) and, because of a 

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1 ality disorder and behavior 

2 associated with that condi3 tion or disorder, is likely to 

4 engage in acts of violence in 

5 the future; or 

6 ‘‘(V) that— 

7 ‘‘(aa) the release of the alien 

8 would threaten the safety of the 

9 community or any person, not10 withstanding conditions of release 

11 designed to ensure the safety of 

12 the community or any person; 

13 and 

14 ‘‘(bb) the alien has been 

15 convicted of 1 or more aggra16 vated felonies (as defined in sec17 tion 101(a)(43)) for which the 

18 alien was sentenced to an aggre19 gate term of imprisonment of not 

20 less than 1 year. 

21 ‘‘(F) ADMINISTRATIVE REVIEW PROC22 ESS.—The Secretary, without any limitations 

23 other than those specified in this section, may 

24 detain an alien pending a determination under 

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1 ated the administrative review process identified 

2 in subparagraph (A) not later than 30 days 

3 after the expiration of the removal period (in4 cluding any extension of the removal period 

5 under paragraph (1)(C)). 

6 ‘‘(G) RENEWAL AND DELEGATION OF CER7 TIFICATION.— 

8 ‘‘(i) RENEWAL.—The Secretary may 

9 renew a certification under subparagraph 

10 (E)(ii) every 6 months, without limitation, 

11 after providing the alien with an oppor12 tunity to request reconsideration of the 

13 certification and to submit documents or 

14 other evidence in support of that request. 

15 If the Secretary does not renew such cer16 tification, the Secretary shall release the 

17 alien, pursuant to subparagraph (H). 

18 ‘‘(ii) DELEGATION.—Notwithstanding 

19 any other provision of law, the Secretary 

20 may not delegate the authority to make or 

21 renew a certification described in subclause 

22 (II), (III), or (V) of subparagraph (E)(ii) 

23 to any employee reporting to the Assistant 

24 Secretary for Immigration and Customs 

25 Enforcement. 


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1 ‘‘(iii) HEARING.—The Secretary may 

2 request that the Attorney General, or a 

3 designee of the Attorney General, provide 

4 for a hearing to make the determination 

5 described in subparagraph 

6 (E)(ii)(IV)(bb)(BB). 

7 ‘‘(H) RELEASE ON CONDITIONS.—If it is 

8 determined that an alien should be released 

9 from detention, the Secretary may, in the Sec10 retary’s discretion, impose conditions on release 

11 in accordance with the regulations prescribed 

12 pursuant to paragraph (3). 

13 ‘‘(I) REDETENTION.—The Secretary, with14 out any limitations other than those specified in 

15 this section, may detain any alien subject to a 

16 final removal order who has previously been re17 leased from custody if— 

18 ‘‘(i) the alien fails to comply with the 

19 conditions of release; 

20 ‘‘(ii) the alien fails to continue to sat21 isfy the conditions described in subpara22 graph (B); or 

23 ‘‘(iii) upon reconsideration, the Sec24 retary determines that the alien can be de25 tained under subparagraph (E). 


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1 ‘‘(J) APPLICABILITY.—This paragraph and 

2 paragraphs (6) and (7) shall apply to any alien 

3 returned to custody under subparagraph (I) as 

4 if the removal period terminated on the day of 

5 the redetention. 

6 ‘‘(K) DETENTION REVIEW PROCESS FOR

7 ALIENS WHO HAVE EFFECTED AN ENTRY AND

8 FAIL TO COOPERATE WITH REMOVAL.—The 

9 Secretary shall detain an alien until the alien 

10 makes all reasonable efforts to comply with a 

11 removal order and to cooperate fully with the 

12 Secretary’s efforts, if the alien— 

13 ‘‘(i) has effected an entry into the 

14 United States; and 

15 ‘‘(ii)(I) and the alien faces a signifi16 cant likelihood that the alien will be re17 moved in the reasonably foreseeable future, 

18 or would have been removed if the alien 

19 had not— 

20 ‘‘(aa) failed or refused to make 

21 all reasonable efforts to comply with a 

22 removal order; 

23 ‘‘(bb) failed or refused to fully 

24 cooperate with the Secretary’s efforts 

25 to establish the alien’s identity and 


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1 carry out the removal order, including 

2 the failure to make timely application 

3 in good faith for travel or other docu4 ments necessary to the alien’s depar5 ture; or 

6 ‘‘(cc) conspired or acted to pre7 vent removal; or 

8 ‘‘(II) the Secretary makes a certifi9 cation as specified in subparagraph (E), or 

10 the renewal of a certification specified in 

11 subparagraph (G). 

12 ‘‘(L) DETENTION REVIEW PROCESS FOR

13 ALIENS WHO HAVE NOT EFFECTED AN

14 ENTRY.—Except as otherwise provided in this 

15 subparagraph, the Secretary shall follow the 

16 guidelines established in section 241.4 of title 8, 

17 Code of Federal Regulations, when detaining 

18 aliens who have not effected an entry. The Sec19 retary may decide to apply the review process 

20 outlined in this paragraph. 

21 ‘‘(9) JUDICIAL REVIEW.—Without regard to the 

22 place of confinement, judicial review of any action or 

23 decision made pursuant to paragraph (6), (7), or (8) 

24 shall be available exclusively in a habeas corpus pro25 ceeding instituted in the United States District 


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1 Court for the District of Columbia and only if the 

2 alien has exhausted all administrative remedies 

3 (statutory and nonstatutory) available to the alien as 

4 of right.’’. 

5 (2) EFFECTIVE DATE.—The amendments made 

6 by paragraph (1)— 

7 (A) shall take effect on the date of the en8 actment of this Act; and 

9 (B) shall apply to— 

10 (i) any alien subject to a final admin11 istrative removal, deportation, or exclusion 

12 order that was issued before, on, or after 

13 the date of the enactment of this Act; and 

14 (ii) any act or condition occurring or 

15 existing before, on, or after the date of the 

16 enactment of this Act. 

17 (b) CRIMINAL DETENTION OF ALIENS.—Section 

18 3142 of title 18, United States Code, is amended— 

19 (1) in subsection (e)— 

20 (A) by redesignating paragraphs (1), (2), 

21 and (3) as subparagraphs (A), (B), and (C), re22 spectively; 

23 (B) by inserting ‘‘(1)’’ before ‘‘If, after a 

24 hearing’’; 


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1 (C) in subparagraphs (B) and (C), as re2 designated, by striking ‘‘paragraph (1)’’ and in3 serting ‘‘subparagraph (A)’’; and 

4 (D) by adding after subparagraph (C), as 

5 redesignated, the following: 

6 ‘‘(2) Subject to rebuttal by the person, it shall be pre7 sumed that no condition or combination of conditions will 

8 reasonably assure the appearance of the person as re9 quired if the judicial officer finds that there is probable 

10 cause to believe that the person— 

11 ‘‘(A) is an alien; and 

12 ‘‘(B)(i) has no lawful immigration status in the 

13 United States; 

14 ‘‘(ii) is the subject of a final order of removal; 

15 or 

16 ‘‘(iii) has committed a felony offense under sec17 tion 911, 922(g)(5), 1015, 1028, 1425, or 1426 of 

18 this title, chapter 75 or 77 of this title, or section 

19 243, 274, 275, 276, 277, or 278 of the Immigration 

20 and Nationality Act (8 U.S.C. 1253, 1324, 1325, 

21 1326, 2327, and 1328).’’; and 

22 (2) in subsection (g)(3)— 

23 (A) in subparagraph (A), by striking 

24 ‘‘and’’ at the end; and 

25 (B) by adding at the end the following: 


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1 ‘‘(C) the person’s immigration status; 

2 and’’. 

3 SEC. 203. AGGRAVATED FELONY. 

4 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

5 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended— 

6 (1) by striking ‘‘The term ‘aggravated felony’ 

7 means—’’ and inserting ‘‘Notwithstanding any other 

8 provision of law (except for the provision providing 

9 an effective date for section 203 of the Comprehen10 sive Reform Act of 2006), the term ‘aggravated fel11 ony’ applies to an offense described in this para12 graph, whether in violation of Federal or State law 

13 and to such an offense in violation of the law of a 

14 foreign country, for which the term of imprisonment 

15 was completed within the previous 15 years, even if 

16 the length of the term of imprisonment is based on 

17 recidivist or other enhancements and regardless of 

18 whether the conviction was entered before, on, or 

19 after September 30, 1996, and means—’’; 

20 (2) in subparagraph (A), by striking ‘‘murder, 

21 rape, or sexual abuse of a minor;’’ and inserting 

22 ‘‘murder, rape, or sexual abuse of a minor, whether 

23 or not the minority of the victim is established by 

24 evidence contained in the record of conviction or by 

25 evidence extrinsic to the record of conviction;’’; 


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1 (3) in subparagraph (N), by striking ‘‘para2 graph (1)(A) or (2) of’’; 

3 (4) in subparagraph (O), by striking ‘‘section 

4 275(a) or 276 committed by an alien who was pre5 viously deported on the basis of a conviction for an 

6 offense described in another subparagraph of this 

7 paragraph’’ and inserting ‘‘section 275 or 276 for 

8 which the term of imprisonment is at least 1 year’’; 

9 (5) in subparagraph (U), by striking ‘‘an at10 tempt or conspiracy to commit an offense described 

11 in this paragraph’’ and inserting ‘‘aiding or abetting 

12 an offense described in this paragraph, or soliciting, 

13 counseling, procuring, commanding, or inducing an14 other, attempting, or conspiring to commit such an 

15 offense’’; and 

16 (6) by striking the undesignated matter fol17 lowing subparagraph (U). 

18 (b) EFFECTIVE DATE AND APPLICATION.— 

19 (1) IN GENERAL.—The amendments made by 

20 subsection (a) shall— 

21 (A) take effect on the date of the enact22 ment of this Act; and 

23 (B) apply to any act that occurred on or 

24 after the date of the enactment of this Act. 


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1 (2) APPLICATION OF IIRAIRA AMENDMENTS.— 

2 The amendments to section 101(a)(43) of the Immi3 gration and Nationality Act made by section 321 of 

4 the Illegal Immigration Reform and Immigrant Re5 sponsibility Act of 1996 (division C of Public Law 

6 104–208; 110 Stat. 3009–627) shall continue to 

7 apply, whether the conviction was entered before, on, 

8 or after September 30, 1996. 

9 SEC. 204. TERRORIST BARS. 

10 (a) DEFINITION OF GOOD MORAL CHARACTER.— 

11 Section 101(f) (8 U.S.C. 1101(f)) is amended— 

12 (1) by inserting after paragraph (1) the fol13 lowing: 

14 ‘‘(2) an alien described in section 212(a)(3) or 

15 237(a)(4), as determined by the Secretary of Home16 land Security or Attorney General based upon any 

17 relevant information or evidence, including classified, 

18 sensitive, or national security information;’’; 

19 (2) in paragraph (8), by striking ‘‘(as defined 

20 in subsection (a)(43))’’ and inserting the following: 

21 ‘‘, regardless of whether the crime was defined as an 

22 aggravated felony under subsection (a)(43) at the 

23 time of the conviction, unless— 


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1 ‘‘(A) the person completed the term of im2 prisonment and sentence not later than 10 

3 years before the date of application; and 

4 ‘‘(B) the Secretary of Homeland Security 

5 or the Attorney General waives the application 

6 of this paragraph; or’’; and 

7 (3) in the undesignated matter following para8 graph (9), by striking ‘‘a finding that for other rea9 sons such person is or was not of good moral char10 acter’’ and inserting the following: ‘‘a discretionary 

11 finding for other reasons that such a person is or 

12 was not of good moral character. In determining an 

13 applicant’s moral character, the Secretary of Home14 land Security and the Attorney General may take 

15 into consideration the applicant’s conduct and acts 

16 at any time and are not limited to the period during 

17 which good moral character is required.’’. 

18 (b) PENDING PROCEEDINGS.—Section 204(b) (8 

19 U.S.C. 1154(b)) is amended by adding at the end the fol20 lowing: ‘‘A petition may not be approved under this section 

21 if there is any administrative or judicial proceeding 

22 (whether civil or criminal) pending against the petitioner 

23 that could directly or indirectly result in the petitioner’s 

24 denaturalization or the loss of the petitioner’s lawful per25 manent resident status.’’. 


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1 (c) CONDITIONAL PERMANENT RESIDENT STATUS.— 

2 (1) IN GENERAL.—Section 216(e) (8 U.S.C. 

3 1186a(e)) is amended by inserting ‘‘if the alien has 

4 had the conditional basis removed pursuant to this 

5 section’’ before the period at the end. 

6 (2) CERTAIN ALIEN ENTREPRENEURS.—Section 

7 216A(e) (8 U.S.C. 1186b(e)) is amended by insert8 ing ‘‘if the alien has had the conditional basis re9 moved pursuant to this section’’ before the period at 

10 the end. 

11 (d) JUDICIAL REVIEW OF NATURALIZATION APPLI12 CATIONS.—Section 310(c) (8 U.S.C. 1421(c)) is amend13 ed— 

14 (1) by inserting ‘‘, not later than 120 days after 

15 the Secretary of Homeland Security’s final deter16 mination,’’ after ‘‘may’’; and 

17 (2) by adding at the end the following: ‘‘Except 

18 that in any proceeding, other than a proceeding 

19 under section 340, the court shall review for sub20 stantial evidence the administrative record and find21 ings of the Secretary of Homeland Security regard22 ing whether an alien is a person of good moral char23 acter, understands and is attached to the principles 

24 of the Constitution of the United States, or is well 

25 disposed to the good order and happiness of the 


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1 United States. The petitioner shall have the burden 

2 of showing that the Secretary’s denial of the applica3 tion was contrary to law.’’. 

4 (e) PERSONS ENDANGERING NATIONAL SECURITY.— 

5 Section 316 (8 U.S.C. 1427) is amended by adding at the 

6 end the following: 

7 ‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU8 RITY.—A person may not be naturalized if the Secretary 

9 of Homeland Security determines, based upon any rel10 evant information or evidence, including classified, sen11 sitive, or national security information, that the person 

12 was once an alien described in section 212(a)(3) or 

13 237(a)(4).’’. 

14 (f) CONCURRENT NATURALIZATION AND REMOVAL

15 PROCEEDINGS.—Section 318 (8 U.S.C. 1429) is amended 

16 by striking ‘‘the Attorney General if’’ and all that follows 

17 and inserting: ‘‘the Secretary of Homeland Security or any 

18 court if there is pending against the applicant any removal 

19 proceeding or other proceeding to determine the appli20 cant’s inadmissibility or deportability, or to determine 

21 whether the applicant’s lawful permanent resident status 

22 should be rescinded, regardless of when such proceeding 

23 was commenced. The findings of the Attorney General in 

24 terminating removal proceedings or canceling the removal 

25 of an alien under this Act shall not be deemed binding 


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1 in any way upon the Secretary of Homeland Security with 

2 respect to the question of whether such person has estab3 lished eligibility for naturalization in accordance with this 

4 title.’’. 

5 (g) DISTRICT COURT JURISDICTION.—Section 

6 336(b) (8 U.S.C. 1447(b)) is amended to read as follows: 

7 ‘‘(b) REQUEST FOR HEARING BEFORE DISTRICT

8 COURT.—If there is a failure to render a final administra9 tive decision under section 335 before the end of the 180- 

10 day period beginning on the date on which the Secretary 

11 of Homeland Security completes all examinations and 

12 interviews required under such section, the applicant may 

13 apply to the district court for the district in which the 

14 applicant resides for a hearing on the matter. The Sec15 retary shall notify the applicant when such examinations 

16 and interviews have been completed. Such district court 

17 shall only have jurisdiction to review the basis for delay 

18 and remand the matter, with appropriate instructions, to 

19 the Secretary for the Secretary’s determination on the ap20 plication.’’. 

21 (h) EFFECTIVE DATE.—The amendments made by 

22 this section— 

23 (1) shall take effect on the date of the enact24 ment of this Act; and 


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1 (2) shall apply to any act that occurred on or 

2 after such date of enactment. 

3 SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO 

4 GANG VIOLENCE, REMOVAL, AND ALIEN 

5 SMUGGLING. 

6 (a) CRIMINAL STREET GANGS.— 

7 (1) INADMISSIBILITY.—Section 212(a)(2) (8 

8 U.S.C. 1182(a)(2)) is amended— 

9 (A) by redesignating subparagraph (F) as 

10 subparagraph (J); and 

11 (B) by inserting after subparagraph (E) 

12 the following: 

13 ‘‘(F) MEMBERS OF CRIMINAL STREET

14 GANGS.—Unless the Secretary of Homeland Se15 curity or the Attorney General waives the appli16 cation of this subparagraph, any alien who a 

17 consular officer, the Attorney General, or the 

18 Secretary of Homeland Security knows or has 

19 reason to believe— 

20 ‘‘(i) is, or has been, a member of a 

21 criminal street gang (as defined in section 

22 521(a) of title 18, United States Code); or 

23 ‘‘(ii) has participated in the activities 

24 of a criminal street gang, knowing or hav25 ing reason to know that such activities proVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 moted, furthered, aided, or supported the 

2 illegal activity of the criminal gang, 

3 is inadmissible.’’. 

4 (2) DEPORTABILITY.—Section 237(a)(2) (8 

5 U.S.C. 1227(a)(2)) is amended by adding at the end 

6 the following: 

7 ‘‘(F) MEMBERS OF CRIMINAL STREET

8 GANGS.—Unless the Secretary of Homeland Se9 curity or the Attorney General waives the appli10 cation of this subparagraph, any alien who the 

11 Secretary of Homeland Security or the Attorney 

12 General knows or has reason to believe— 

13 ‘‘(i) is, or at any time after admission 

14 has been, a member of a criminal street 

15 gang (as defined in section 521(a) of title 

16 18, United States Code); or 

17 ‘‘(ii) has participated in the activities 

18 of a criminal street gang, knowing or hav19 ing reason to know that such activities pro20 moted, furthered, aided, or supported the 

21 illegal activity of the criminal gang, 

22 is deportable.’’. 

23 (3) TEMPORARY PROTECTED STATUS.—Section 

24 244 (8 U.S.C. 1254a) is amended— 


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1 (A) by striking ‘‘Attorney General’’ each 

2 place it appears and inserting ‘‘Secretary of 

3 Homeland Security’’; 

4 (B) in subsection (b)(3)— 

5 (i) in subparagraph (B), by striking 

6 the last sentence and inserting the fol7 lowing: ‘‘Notwithstanding any other provi8 sion of this section, the Secretary of 

9 Homeland Security may, for any reason 

10 (including national security), terminate or 

11 modify any designation under this section. 

12 Such termination or modification is effec13 tive upon publication in the Federal Reg14 ister, or after such time as the Secretary 

15 may designate in the Federal Register.’’; 

16 (ii) in subparagraph (C), by striking 

17 ‘‘a period of 12 or 18 months’’ and insert18 ing ‘‘any other period not to exceed 18 

19 months’’; 

20 (C) in subsection (c)— 

21 (i) in paragraph (1)(B), by striking 

22 ‘‘The amount of any such fee shall not ex23 ceed $50.’’; 

24 (ii) in paragraph (2)(B)— 


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1 (I) in clause (i), by striking ‘‘, 

2 or’’ at the end; 

3 (II) in clause (ii), by striking the 

4 period at the end and inserting ‘‘; or’’; 

5 and 

6 (III) by adding at the end the 

7 following: 

8 ‘‘(iii) the alien is, or at any time after 

9 admission has been, a member of a crimi10 nal street gang (as defined in section 

11 521(a) of title 18, United States Code).’’; 

12 and 

13 (D) in subsection (d)— 

14 (i) by striking paragraph (3); and 

15 (ii) in paragraph (4), by adding at the 

16 end the following: ‘‘The Secretary of 

17 Homeland Security may detain an alien 

18 provided temporary protected status under 

19 this section whenever appropriate under 

20 any other provision of law.’’. 

21 (b) PENALTIES RELATED TO REMOVAL.—Section 

22 243 (8 U.S.C. 1253) is amended— 

23 (1) in subsection (a)(1)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by inserting ‘‘212(a) or’’ after ‘‘section’’; 

3 and 

4 (B) in the matter following subparagraph 

5 (D)— 

6 (i) by striking ‘‘or imprisoned not 

7 more than four years’’ and inserting ‘‘and 

8 imprisoned for not less than 6 months or 

9 more than 5 years’’; and 

10 (ii) by striking ‘‘, or both’’; 

11 (2) in subsection (b), by striking ‘‘not more 

12 than $1000 or imprisoned for not more than one 

13 year, or both’’ and inserting ‘‘under title 18, United 

14 States Code, and imprisoned for not less than 6 

15 months or more than 5 years (or for not more than 

16 10 years if the alien is a member of any of the class17 es described in paragraphs (1)(E), (2), (3), and (4) 

18 of section 237(a)).’’; and 

19 (3) by amending subsection (d) to read as fol20 lows: 

21 ‘‘(d) DENYING VISAS TO NATIONALS OF COUNTRY

22 DENYING OR DELAYING ACCEPTING ALIEN.—The Sec23 retary of Homeland Security, after making a determina24 tion that the government of a foreign country has denied 

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1 izen, subject, national, or resident of that country after 

2 the alien has been ordered removed, and after consultation 

3 with the Secretary of State, may instruct the Secretary 

4 of State to deny a visa to any citizen, subject, national, 

5 or resident of that country until the country accepts the 

6 alien that was ordered removed.’’. 

7 (c) ALIEN SMUGGLING AND RELATED OFFENSES.— 

8 (1) IN GENERAL.—Section 274 (8 U.S.C. 

9 1324), is amended to read as follows: 

10 ‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES. 

11 ‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— 

12 ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro13 vided in paragraph (3), a person shall be punished 

14 as provided under paragraph (2), if the person— 

15 ‘‘(A) facilitates, encourages, directs, or in16 duces a person to come to or enter the United 

17 States, or to cross the border to the United 

18 States, knowing or in reckless disregard of the 

19 fact that such person is an alien who lacks law20 ful authority to come to, enter, or cross the bor21 der to the United States; 

22 ‘‘(B) facilitates, encourages, directs, or in23 duces a person to come to or enter the United 

24 States, or to cross the border to the United 

25 States, at a place other than a designated port 


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1 of entry or place other than as designated by 

2 the Secretary of Homeland Security, knowing 

3 or in reckless disregard of the fact that such 

4 person is an alien and regardless of whether 

5 such alien has official permission or lawful au6 thority to be in the United States; 

7 ‘‘(C) transports, moves, harbors, conceals, 

8 or shields from detection a person outside of 

9 the United States knowing or in reckless dis10 regard of the fact that such person is an alien 

11 in unlawful transit from 1 country to another 

12 or on the high seas, under circumstances in 

13 which the alien is seeking to enter the United 

14 States without official permission or legal au15 thority; 

16 ‘‘(D) encourages or induces a person to re17 side in the United States, knowing or in reck18 less disregard of the fact that such person is an 

19 alien who lacks lawful authority to reside in the 

20 United States; 

21 ‘‘(E) transports or moves a person in the 

22 United States, knowing or in reckless disregard 

23 of the fact that such person is an alien who 

24 lacks lawful authority to enter or be in the 

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1 ment will further the alien’s illegal entry into or 

2 illegal presence in the United States; 

3 ‘‘(F) harbors, conceals, or shields from de4 tection a person in the United States, knowing 

5 or in reckless disregard of the fact that such 

6 person is an alien who lacks lawful authority to 

7 be in the United States; or 

8 ‘‘(G) conspires or attempts to commit any 

9 of the acts described in subparagraphs (A) 

10 through (F). 

11 ‘‘(2) CRIMINAL PENALTIES.—A person who vio12 lates any provision under paragraph (1)— 

13 ‘‘(A) except as provided in subparagraphs 

14 (C) through (G), if the offense was not com15 mitted for commercial advantage, profit, or pri16 vate financial gain, shall be fined under title 18, 

17 United States Code, imprisoned for not more 

18 than 5 years, or both; 

19 ‘‘(B) except as provided in subparagraphs 

20 (C) through (G), if the offense was committed 

21 for commercial advantage, profit, or private fi22 nancial gain— 

23 ‘‘(i) if the violation is the offender’s 

24 first violation under this subparagraph, 


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1 shall be fined under such title, imprisoned 

2 for not more than 20 years, or both; or 

3 ‘‘(ii) if the violation is the offender’s 

4 second or subsequent violation of this sub5 paragraph, shall be fined under such title, 

6 imprisoned for not less than 3 years or 

7 more than 20 years, or both; 

8 ‘‘(C) if the offense furthered or aided the 

9 commission of any other offense against the 

10 United States or any State that is punishable 

11 by imprisonment for more than 1 year, shall be 

12 fined under such title, imprisoned for not less 

13 than 5 years or more than 20 years, or both; 

14 ‘‘(D) shall be fined under such title, im15 prisoned not less than 5 years or more than 20 

16 years, or both, if the offense created a substan17 tial and foreseeable risk of death, a substantial 

18 and foreseeable risk of serious bodily injury (as 

19 defined in section 2119(2) of title 18, United 

20 States Code), or inhumane conditions to an21 other person, including— 

22 ‘‘(i) transporting the person in an en23 gine compartment, storage compartment, 

24 or other confined space; 


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1 ‘‘(ii) transporting the person at an ex2 cessive speed or in excess of the rated ca3 pacity of the means of transportation; or 

4 ‘‘(iii) transporting the person in, har5 boring the person in, or otherwise sub6 jecting the person to crowded or dangerous 

7 conditions; 

8 ‘‘(E) if the offense caused serious bodily 

9 injury (as defined in section 2119(2) of title 18, 

10 United States Code) to any person, shall be 

11 fined under such title, imprisoned for not less 

12 than 7 years or more than 30 years, or both; 

13 ‘‘(F) shall be fined under such title and 

14 imprisoned for not less than 10 years or more 

15 than 30 years if the offense involved an alien 

16 who the offender knew or had reason to believe 

17 was— 

18 ‘‘(i) engaged in terrorist activity (as 

19 defined in section 212(a)(3)(B)); or 

20 ‘‘(ii) intending to engage in terrorist 

21 activity; 

22 ‘‘(G) if the offense caused or resulted in 

23 the death of any person, shall be punished by 

24 death or imprisoned for a term of years not less 


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1 than 10 years and up to life, and fined under 

2 title 18, United States Code. 

3 ‘‘(3) LIMITATION.—It is not a violation of sub4 paragraph (D), (E), or (F) of paragraph (1)— 

5 ‘‘(A) for a religious denomination having a 

6 bona fide nonprofit, religious organization in 

7 the United States, or the agents or officers of 

8 such denomination or organization, to encour9 age, invite, call, allow, or enable an alien who 

10 is present in the United States to perform the 

11 vocation of a minister or missionary for the de12 nomination or organization in the United States 

13 as a volunteer who is not compensated as an 

14 employee, notwithstanding the provision of 

15 room, board, travel, medical assistance, and 

16 other basic living expenses, provided the min17 ister or missionary has been a member of the 

18 denomination for at least 1 year; or 

19 ‘‘(B) for an individual or organization, not 

20 previously convicted of a violation of this sec21 tion, to provide an alien who is present in the 

22 United States with humanitarian assistance, in23 cluding medical care, housing, counseling, vic24 tim services, and food, or to transport the alien 


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1 to a location where such assistance can be ren2 dered. 

3 ‘‘(4) EXTRATERRITORIAL JURISDICTION.— 

4 There is extraterritorial Federal jurisdiction over the 

5 offenses described in this subsection. 

6 ‘‘(b) EMPLOYMENT OF UNAUTHORIZED ALIENS.— 

7 ‘‘(1) CRIMINAL OFFENSE AND PENALTIES.— 

8 Any person who, during any 12-month period, know9 ingly employs 10 or more individuals with actual 

10 knowledge or in reckless disregard of the fact that 

11 the individuals are aliens described in paragraph (2), 

12 shall be fined under title 18, United States Code, 

13 imprisoned for not more than 10 years, or both. 

14 ‘‘(2) DEFINITION.—An alien described in this 

15 paragraph is an alien who— 

16 ‘‘(A) is an unauthorized alien (as defined 

17 in section 274A(h)(3)); 

18 ‘‘(B) is present in the United States with19 out lawful authority; and 

20 ‘‘(C) has been brought into the United 

21 States in violation of this subsection. 

22 ‘‘(c) SEIZURE AND FORFEITURE.— 

23 ‘‘(1) IN GENERAL.—Any real or personal prop24 erty used to commit or facilitate the commission of 

25 a violation of this section, the gross proceeds of such 


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1 violation, and any property traceable to such prop2 erty or proceeds, shall be subject to forfeiture. 

3 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and 

4 forfeitures under this subsection shall be governed 

5 by the provisions of chapter 46 of title 18, United 

6 States Code, relating to civil forfeitures, except that 

7 such duties as are imposed upon the Secretary of 

8 the Treasury under the customs laws described in 

9 section 981(d) shall be performed by such officers, 

10 agents, and other persons as may be designated for 

11 that purpose by the Secretary of Homeland Security. 

12 ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA13 TIONS OF VIOLATIONS.—In determining whether a 

14 violation of subsection (a) has occurred, prima facie 

15 evidence that an alien involved in the alleged viola16 tion lacks lawful authority to come to, enter, reside 

17 in, remain in, or be in the United States or that 

18 such alien had come to, entered, resided in, re19 mained in, or been present in the United States in 

20 violation of law shall include— 

21 ‘‘(A) any order, finding, or determination 

22 concerning the alien’s status or lack of status 

23 made by a Federal judge or administrative ad24 judicator (including an immigration judge or 

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1 ministrative proceeding authorized under Fed2 eral immigration law; 

3 ‘‘(B) official records of the Department of 

4 Homeland Security, the Department of Justice, 

5 or the Department of State concerning the 

6 alien’s status or lack of status; and 

7 ‘‘(C) testimony by an immigration officer 

8 having personal knowledge of the facts con9 cerning the alien’s status or lack of status. 

10 ‘‘(d) AUTHORITY TO ARREST.—No officer or person 

11 shall have authority to make any arrests for a violation 

12 of any provision of this section except— 

13 ‘‘(1) officers and employees designated by the 

14 Secretary of Homeland Security, either individually 

15 or as a member of a class; and 

16 ‘‘(2) other officers responsible for the enforce17 ment of Federal criminal laws. 

18 ‘‘(e) ADMISSIBILITY OF VIDEOTAPED WITNESS TES19 TIMONY.—Notwithstanding any provision of the Federal 

20 Rules of Evidence, the videotaped or otherwise audio21 visually preserved deposition of a witness to a violation 

22 of subsection (a) who has been deported or otherwise ex23 pelled from the United States, or is otherwise unavailable 

24 to testify, may be admitted into evidence in an action 

25 brought for that violation if— 


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1 ‘‘(1) the witness was available for cross exam2 ination at the deposition by the party, if any, oppos3 ing admission of the testimony; and 

4 ‘‘(2) the deposition otherwise complies with the 

5 Federal Rules of Evidence. 

6 ‘‘(f) OUTREACH PROGRAM.— 

7 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

8 Security, in consultation with the Attorney General 

9 and the Secretary of State, as appropriate, shall— 

10 ‘‘(A) develop and implement an outreach 

11 program to educate people in and out of the 

12 United States about the penalties for bringing 

13 in and harboring aliens in violation of this sec14 tion; and 

15 ‘‘(B) establish the American Local and In16 terior Enforcement Needs (ALIEN) Task Force 

17 to identify and respond to the use of Federal, 

18 State, and local transportation infrastructure to 

19 further the trafficking of unlawful aliens within 

20 the United States. 

21 ‘‘(2) FIELD OFFICES.—The Secretary of Home22 land Security, after consulting with State and local 

23 government officials, shall establish such field offices 

24 as may be necessary to carry out this subsection. 


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1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 are necessary for the fiscal years 2007 through 2011 

4 to carry out this subsection. 

5 ‘‘(g) DEFINITIONS.—In this section: 

6 ‘‘(1) CROSSED THE BORDER INTO THE UNITED

7 STATES.—An alien is deemed to have crossed the 

8 border into the United States regardless of whether 

9 the alien is free from official restraint. 

10 ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful 

11 authority’ means permission, authorization, or li12 cense that is expressly provided for in the immigra13 tion laws of the United States or accompanying reg14 ulations. The term does not include any such au15 thority secured by fraud or otherwise obtained in 

16 violation of law or authority sought, but not ap17 proved. No alien shall be deemed to have lawful au18 thority to come to, enter, reside in, remain in, or be 

19 in the United States if such coming to, entry, resi20 dence, remaining, or presence was, is, or would be 

21 in violation of law. 

22 ‘‘(3) PROCEEDS.—The term ‘proceeds’ includes 

23 any property or interest in property obtained or re24 tained as a consequence of an act or omission in vio25 lation of this section. 


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1 ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlawful 

2 transit’ means travel, movement, or temporary pres3 ence that violates the laws of any country in which 

4 the alien is present or any country from which the 

5 alien is traveling or moving.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents is amended by striking the item relating to sec8 tion 274 and inserting the following: 

‘‘Sec. 274. Alien smuggling and related offenses.’’. 

9 (d) PROHIBITING CARRYING OR USING A FIREARM

10 DURING AND IN RELATION TO AN ALIEN SMUGGLING

11 CRIME.—Section 924(c) of title 18, United States Code, 

12 is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (A), by inserting ‘‘, 

15 alien smuggling crime,’’ after ‘‘any crime of vio16 lence’’; 

17 (B) in subparagraph (A), by inserting ‘‘, 

18 alien smuggling crime,’’ after ‘‘such crime of vi19 olence’’; 

20 (C) in subparagraph (D)(ii), by inserting 

21 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio22 lence’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(6) For purposes of this subsection, the term ‘alien 

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1 tion 274(a), 277, or 278 of the Immigration and Nation2 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 

3 SEC. 206. ILLEGAL ENTRY. 

4 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 

5 amended to read as follows: 

6 ‘‘SEC. 275. ILLEGAL ENTRY. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

9 subject to the penalties set forth in paragraph (2) if 

10 the alien— 

11 ‘‘(A) knowingly enters or crosses the bor12 der into the United States at any time or place 

13 other than as designated by the Secretary of 

14 Homeland Security; 

15 ‘‘(B) knowingly eludes examination or in16 spection by an immigration officer (including 

17 failing to stop at the command of such officer), 

18 or a customs or agriculture inspection at a port 

19 of entry; or 

20 ‘‘(C) knowingly enters or crosses the bor21 der to the United States by means of a know22 ingly false or misleading representation or the 

23 knowing concealment of a material fact (includ24 ing such representation or concealment in the 

25 context of arrival, reporting, entry, or clearance 


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1 requirements of the customs law, immigration 

2 laws, agriculture laws, or shipping laws). 

3 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

4 violates any provision under paragraph (1)— 

5 ‘‘(A) shall, for the first violation, be fined 

6 under title 18, United States Code, imprisoned 

7 not more than 6 months, or both; 

8 ‘‘(B) shall, for a second or subsequent vio9 lation, or following an order of voluntary depar10 ture, be fined under such title, imprisoned not 

11 more than 2 years, or both; 

12 ‘‘(C) if the violation occurred after the 

13 alien had been convicted of 3 or more mis14 demeanors or for a felony, shall be fined under 

15 such title, imprisoned not more than 10 years, 

16 or both; 

17 ‘‘(D) if the violation occurred after the 

18 alien had been convicted of a felony for which 

19 the alien received a term of imprisonment of 

20 not less than 30 months, shall be fined under 

21 such title, imprisoned not more than 15 years, 

22 or both; and 

23 ‘‘(E) if the violation occurred after the 

24 alien had been convicted of a felony for which 

25 the alien received a term of imprisonment of 


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1 not less than 60 months, such alien shall be 

2 fined under such title, imprisoned not more 

3 than 20 years, or both. 

4 ‘‘(3) PRIOR CONVICTIONS.—The prior convic5 tions described in subparagraphs (C) through (E) of 

6 paragraph (2) are elements of the offenses described 

7 in that paragraph and the penalties in such subpara8 graphs shall apply only in cases in which the convic9 tion or convictions that form the basis for the addi10 tional penalty are— 

11 ‘‘(A) alleged in the indictment or informa12 tion; and 

13 ‘‘(B) proven beyond a reasonable doubt at 

14 trial or admitted by the defendant. 

15 ‘‘(4) DURATION OF OFFENSE.—An offense 

16 under this subsection continues until the alien is dis17 covered within the United States by an immigration 

18 officer. 

19 ‘‘(5) ATTEMPT.—Whoever attempts to commit 

20 any offense under this section shall be punished in 

21 the same manner as for a completion of such of22 fense. 

23 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN24 ALTIES.— 


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1 ‘‘(1) IN GENERAL.—Any alien who is appre2 hended while entering, attempting to enter, or know3 ingly crossing or attempting to cross the border to 

4 the United States at a time or place other than as 

5 designated by immigration officers shall be subject 

6 to a civil penalty, in addition to any criminal or 

7 other civil penalties that may be imposed under any 

8 other provision of law, in an amount equal to— 

9 ‘‘(A) not less than $50 or more than $250 

10 for each such entry, crossing, attempted entry, 

11 or attempted crossing; or 

12 ‘‘(B) twice the amount specified in para13 graph (1) if the alien had previously been sub14 ject to a civil penalty under this subsection. 

15 ‘‘(2) CROSSED THE BORDER DEFINED.—In this 

16 section, an alien is deemed to have crossed the bor17 der if the act was voluntary, regardless of whether 

18 the alien was under observation at the time of the 

19 crossing.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 is amended by striking the item relating to section 275 

22 and inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

23 SEC. 207. ILLEGAL REENTRY. 

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

25 follows: 


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1 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 

2 ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 

3 has been denied admission, excluded, deported, or re4 moved, or who has departed the United States while an 

5 order of exclusion, deportation, or removal is outstanding, 

6 and subsequently enters, attempts to enter, crosses the 

7 border to, attempts to cross the border to, or is at any 

8 time found in the United States, shall be fined under title 

9 18, United States Code, imprisoned not more than 2 

10 years, or both. 

11 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not12 withstanding the penalty provided in subsection (a), if an 

13 alien described in that subsection— 

14 ‘‘(1) was convicted for 3 or more misdemeanors 

15 or a felony before such removal or departure, the 

16 alien shall be fined under title 18, United States 

17 Code, imprisoned not more than 10 years, or both; 

18 ‘‘(2) was convicted for a felony before such re19 moval or departure for which the alien was sen20 tenced to a term of imprisonment of not less than 

21 30 months, the alien shall be fined under such title, 

22 imprisoned not more than 15 years, or both; 

23 ‘‘(3) was convicted for a felony before such re24 moval or departure for which the alien was sen25 tenced to a term of imprisonment of not less than 


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1 60 months, the alien shall be fined under such title, 

2 imprisoned not more than 20 years, or both; 

3 ‘‘(4) was convicted for 3 felonies before such re4 moval or departure, the alien shall be fined under 

5 such title, imprisoned not more than 20 years, or 

6 both; or 

7 ‘‘(5) was convicted, before such removal or de8 parture, for murder, rape, kidnaping, or a felony of9 fense described in chapter 77 (relating to peonage 

10 and slavery) or 113B (relating to terrorism) of such 

11 title, the alien shall be fined under such title, impris12 oned not more than 20 years, or both. 

13 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

14 alien who has been denied admission, excluded, deported, 

15 or removed 3 or more times and thereafter enters, at16 tempts to enter, crosses the border to, attempts to cross 

17 the border to, or is at any time found in the United States, 

18 shall be fined under title 18, United States Code, impris19 oned not more than 10 years, or both. 

20 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

21 convictions described in subsection (b) are elements of the 

22 crimes described in that subsection, and the penalties in 

23 that subsection shall apply only in cases in which the con24 viction or convictions that form the basis for the additional 

25 penalty are— 


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1 ‘‘(1) alleged in the indictment or information; 

2 and 

3 ‘‘(2) proven beyond a reasonable doubt at trial 

4 or admitted by the defendant. 

5 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af6 firmative defense to a violation of this section that— 

7 ‘‘(1) prior to the alleged violation, the alien had 

8 sought and received the express consent of the Sec9 retary of Homeland Security to reapply for admis10 sion into the United States; or 

11 ‘‘(2) with respect to an alien previously denied 

12 admission and removed, the alien— 

13 ‘‘(A) was not required to obtain such ad14 vance consent under the Immigration and Na15 tionality Act or any prior Act; and 

16 ‘‘(B) had complied with all other laws and 

17 regulations governing the alien’s admission into 

18 the United States. 

19 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN20 DERLYING REMOVAL ORDER.—In a criminal proceeding 

21 under this section, an alien may not challenge the validity 

22 of any prior removal order concerning the alien unless the 

23 alien demonstrates by clear and convincing evidence 

24 that— 


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1 ‘‘(1) the alien exhausted all administrative rem2 edies that may have been available to seek relief 

3 against the order; 

4 ‘‘(2) the removal proceedings at which the order 

5 was issued improperly deprived the alien of the op6 portunity for judicial review; and 

7 ‘‘(3) the entry of the order was fundamentally 

8 unfair. 

9 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM10 PLETION OF TERM OF IMPRISONMENT.—Any alien re11 moved pursuant to section 241(a)(4) who enters, attempts 

12 to enter, crosses the border to, attempts to cross the bor13 der to, or is at any time found in, the United States shall 

14 be incarcerated for the remainder of the sentence of im15 prisonment which was pending at the time of deportation 

16 without any reduction for parole or supervised release un17 less the alien affirmatively demonstrates that the Sec18 retary of Homeland Security has expressly consented to 

19 the alien’s reentry. Such alien shall be subject to such 

20 other penalties relating to the reentry of removed aliens 

21 as may be available under this section or any other provi22 sion of law. 

23 ‘‘(h) LIMITATION.—It is not aiding and abetting a 

24 violation of this section for an individual to provide an 

25 alien with emergency humanitarian assistance, including 


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1 emergency medical care and food, or to transport the alien 

2 to a location where such assistance can be rendered with3 out compensation or the expectation of compensation. 

4 ‘‘(i) DEFINITIONS.—In this section: 

5 ‘‘(1) CROSSES THE BORDER.—The term 

6 ‘crosses the border’ applies if an alien acts volun7 tarily, regardless of whether the alien was under ob8 servation at the time of the crossing. 

9 ‘‘(2) FELONY.—Term ‘felony’ means any crimi10 nal offense punishable by a term of imprisonment of 

11 more than 1 year under the laws of the United 

12 States, any State, or a foreign government. 

13 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

14 means any criminal offense punishable by a term of 

15 imprisonment of not more than 1 year under the ap16 plicable laws of the United States, any State, or a 

17 foreign government. 

18 ‘‘(4) REMOVAL.—The term ‘removal’ includes 

19 any denial of admission, exclusion, deportation, or 

20 removal, or any agreement by which an alien stipu21 lates or agrees to exclusion, deportation, or removal. 

22 ‘‘(5) STATE.—The term ‘State’ means a State 

23 of the United States, the District of Columbia, and 

24 any commonwealth, territory, or possession of the 

25 United States.’’. 


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1 SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

2 FRAUD OFFENSES. 

3 (a) PASSPORT, VISA, AND IMMIGRATION FRAUD.— 

4 (1) IN GENERAL.—Chapter 75 of title 18, 

5 United States Code, is amended to read as follows: 

6 ‘‘CHAPTER 75—PASSPORT, VISA, AND 

7 IMMIGRATION FRAUD 

‘‘Sec. 

‘‘1541. Trafficking in passports. 

‘‘1542. False statement in an application for a passport. 

‘‘1543. Forgery and unlawful production of a passport. 

‘‘1544. Misuse of a passport. 

‘‘1545. Schemes to defraud aliens. 

‘‘1546. Immigration and visa fraud. 

‘‘1547. Marriage fraud. 

‘‘1548. Attempts and conspiracies. 

‘‘1549. Alternative penalties for certain offenses. 

‘‘1550. Seizure and forfeiture. 

‘‘1551. Additional jurisdiction. 

‘‘1552. Additional venue. 

‘‘1553. Definitions. 

‘‘1554. Authorized law enforcement activities. 

‘‘1555. Exception for refugees and asylees. 

8 ‘‘§ 1541. Trafficking in passports 

9 ‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur10 ing any 3-year period, knowingly— 

11 ‘‘(1) and without lawful authority produces, 

12 issues, or transfers 10 or more passports; 

13 ‘‘(2) forges, counterfeits, alters, or falsely 

14 makes 10 or more passports; 

15 ‘‘(3) secures, possesses, uses, receives, buys, 

16 sells, or distributes 10 or more passports, knowing 

17 the passports to be forged, counterfeited, altered, 


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1 falsely made, stolen, procured by fraud, or produced 

2 or issued without lawful authority; or 

3 ‘‘(4) completes, mails, prepares, presents, signs, 

4 or submits 10 or more applications for a United 

5 States passport (including any supporting docu6 mentation), knowing the applications to contain any 

7 false statement or representation, 

8 shall be fined under this title, imprisoned not more than 

9 20 years, or both. 

10 ‘‘(b) PASSPORT MATERIALS.—Any person who know11 ingly and without lawful authority produces, counterfeits, 

12 secures, possesses, or uses any official paper, seal, 

13 hologram, image, text, symbol, stamp, engraving, plate, or 

14 other material used to make a passport shall be fined 

15 under this title, imprisoned not more than 20 years, or 

16 both. 

17 ‘‘§ 1542. False statement in an application for a pass18 port 

19 ‘‘Any person who knowingly— 

20 ‘‘(1) makes any false statement or representa21 tion in an application for a United States passport 

22 (including any supporting documentation); 

23 ‘‘(2) completes, mails, prepares, presents, signs, 

24 or submits an application for a United States pass25 port (including any supporting documentation) 


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1 knowing the application to contain any false state2 ment or representation; or 

3 ‘‘(3) causes or attempts to cause the production 

4 of a passport by means of any fraud or false applica5 tion for a United States passport (including any 

6 supporting documentation), if such production oc7 curs or would occur at a facility authorized by the 

8 Secretary of State for the production of passports, 

9 shall be fined under this title, imprisoned not more than 

10 15 years, or both. 

11 ‘‘§ 1543. Forgery and unlawful production of a pass12 port 

13 ‘‘(a) FORGERY.—Any person who— 

14 ‘‘(1) knowingly forges, counterfeits, alters, or 

15 falsely makes any passport; or 

16 ‘‘(2) knowingly transfers any passport knowing 

17 it to be forged, counterfeited, altered, falsely made, 

18 stolen, or to have been produced or issued without 

19 lawful authority, 

20 shall be fined under this title, imprisoned not more than 

21 15 years, or both. 

22 ‘‘(b) UNLAWFUL PRODUCTION.—Any person who 

23 knowingly and without lawful authority— 


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1 ‘‘(1) produces, issues, authorizes, or verifies a 

2 passport in violation of the laws, regulations, or 

3 rules governing the issuance of the passport; 

4 ‘‘(2) produces, issues, authorizes, or verifies a 

5 United States passport for or to any person not 

6 owing allegiance to the United States; or 

7 ‘‘(3) transfers or furnishes a passport to a per8 son for use when such person is not the person for 

9 whom the passport was issued or designed, 

10 shall be fined under this title, imprisoned not more than 

11 15 years, or both. 

12 ‘‘§ 1544. Misuse of a passport 

13 ‘‘(a) IN GENERAL.—Any person who— 

14 ‘‘(1) knowingly uses any passport issued or de15 signed for the use of another; 

16 ‘‘(2) knowingly uses any passport in violation of 

17 the conditions or restrictions therein contained, or in 

18 violation of the laws, regulations, or rules governing 

19 the issuance and use of the passport; 

20 ‘‘(3) knowingly secures, possesses, uses, re21 ceives, buys, sells, or distributes any passport know22 ing it to be forged, counterfeited, altered, falsely 

23 made, procured by fraud, or produced or issued 

24 without lawful authority; or 


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1 ‘‘(4) knowingly violates the terms and condi2 tions of any safe conduct duly obtained and issued 

3 under the authority of the United States, 

4 shall be fined under this title, imprisoned not more than 

5 15 years, or both. 

6 ‘‘(b) ENTRY; FRAUD.—Any person who knowingly 

7 uses any passport, knowing the passport to be forged, 

8 counterfeited, altered, falsely made, procured by fraud, 

9 produced or issued without lawful authority, or issued or 

10 designed for the use of another— 

11 ‘‘(1) to enter or to attempt to enter the United 

12 States; or 

13 ‘‘(2) to defraud the United States, a State, or 

14 a political subdivision of a State, 

15 shall be fined under this title, imprisoned not more than 

16 15 years, or both. 

17 ‘‘§ 1545. Schemes to defraud aliens 

18 ‘‘(a) IN GENERAL.—Any person who knowingly exe19 cutes a scheme or artifice, in connection with any matter 

20 that is authorized by or arises under Federal immigration 

21 laws, or any matter the offender claims or represents is 

22 authorized by or arises under Federal immigration laws— 

23 ‘‘(1) to defraud any person, or 


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1 ‘‘(2) to obtain or receive from any person, by 

2 means of false or fraudulent pretenses, representa3 tions, promises, money or anything else of value, 

4 shall be fined under this title, imprisoned not more than 

5 15 years, or both. 

6 ‘‘(b) MISREPRESENTATION.—Any person who know7 ingly and falsely represents himself to be an attorney in 

8 any matter arising under Federal immigration laws shall 

9 be fined under this title, imprisoned not more than 15 

10 years, or both. 

11 ‘‘§ 1546. Immigration and visa fraud 

12 ‘‘(a) IN GENERAL.—Any person who knowingly— 

13 ‘‘(1) uses any immigration document issued or 

14 designed for the use of another; 

15 ‘‘(2) forges, counterfeits, alters, or falsely 

16 makes any immigration document; 

17 ‘‘(3) completes, mails, prepares, presents, signs, 

18 or submits any immigration document knowing it to 

19 contain any materially false statement or representa20 tion; 

21 ‘‘(4) secures, possesses, uses, transfers, re22 ceives, buys, sells, or distributes any immigration 

23 document knowing it to be forged, counterfeited, al24 tered, falsely made, stolen, procured by fraud, or 

25 produced or issued without lawful authority; 


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1 ‘‘(5) adopts or uses a false or fictitious name to 

2 evade or to attempt to evade the immigration laws; 

3 or 

4 ‘‘(6) transfers or furnishes an immigration doc5 ument to a person without lawful authority for use 

6 if such person is not the person for whom the immi7 gration document was issued or designed, 

8 shall be fined under this title, imprisoned not more than 

9 15 years, or both. 

10 ‘‘(b) MULTIPLE VIOLATIONS.—Any person who, dur11 ing any 3-year period, knowingly— 

12 ‘‘(1) and without lawful authority produces, 

13 issues, or transfers 10 or more immigration docu14 ments; 

15 ‘‘(2) forges, counterfeits, alters, or falsely 

16 makes 10 or more immigration documents; 

17 ‘‘(3) secures, possesses, uses, buys, sells, or dis18 tributes 10 or more immigration documents, know19 ing the immigration documents to be forged, coun20 terfeited, altered, stolen, falsely made, procured by 

21 fraud, or produced or issued without lawful author22 ity; or 

23 ‘‘(4) completes, mails, prepares, presents, signs, 

24 or submits 10 or more immigration documents 


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1 knowing the documents to contain any materially 

2 false statement or representation, 

3 shall be fined under this title, imprisoned not more than 

4 20 years, or both. 

5 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 

6 person who knowingly and without lawful authority pro7 duces, counterfeits, secures, possesses, or uses any official 

8 paper, seal, hologram, image, text, symbol, stamp, engrav9 ing, plate, or other material, used to make an immigration 

10 document shall be fined under this title, imprisoned not 

11 more than 20 years, or both. 

12 ‘‘§ 1547. Marriage fraud 

13 ‘‘(a) EVASION OR MISREPRESENTATION.—Any per14 son who— 

15 ‘‘(1) knowingly enters into a marriage for the 

16 purpose of evading any provision of the immigration 

17 laws; or 

18 ‘‘(2) knowingly misrepresents the existence or 

19 circumstances of a marriage— 

20 ‘‘(A) in an application or document author21 ized by the immigration laws; or 

22 ‘‘(B) during any immigration proceeding 

23 conducted by an administrative adjudicator (in24 cluding an immigration officer or examiner, a 


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1 consular officer, an immigration judge, or a 

2 member of the Board of Immigration Appeals), 

3 shall be fined under this title, imprisoned not more than 

4 10 years, or both. 

5 ‘‘(b) MULTIPLE MARRIAGES.—Any person who— 

6 ‘‘(1) knowingly enters into 2 or more marriages 

7 for the purpose of evading any immigration law; or 

8 ‘‘(2) knowingly arranges, supports, or facilitates 

9 2 or more marriages designed or intended to evade 

10 any immigration law, 

11 shall be fined under this title, imprisoned not more than 

12 20 years, or both. 

13 ‘‘(c) COMMERCIAL ENTERPRISE.—Any person who 

14 knowingly establishes a commercial enterprise for the pur15 pose of evading any provision of the immigration laws 

16 shall be fined under this title, imprisoned for not more 

17 than 10 years, or both. 

18 ‘‘(d) DURATION OF OFFENSE.— 

19 ‘‘(1) IN GENERAL.—An offense under sub20 section (a) or (b) continues until the fraudulent na21 ture of the marriage or marriages is discovered by 

22 an immigration officer. 

23 ‘‘(2) COMMERCIAL ENTERPRISE.—An offense 

24 under subsection (c) continues until the fraudulent 


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1 nature of commercial enterprise is discovered by an 

2 immigration officer or other law enforcement officer. 

3 ‘‘§ 1548. Attempts and conspiracies 

4 ‘‘Any person who attempts or conspires to violate any 

5 section of this chapter shall be punished in the same man6 ner as a person who completed a violation of that section. 

7 ‘‘§ 1549. Alternative penalties for certain offenses 

8 ‘‘(a) TERRORISM.—Any person who violates any sec9 tion of this chapter— 

10 ‘‘(1) knowing that such violation will facilitate 

11 an act of international terrorism or domestic ter12 rorism (as those terms are defined in section 2331); 

13 or 

14 ‘‘(2) with the intent to facilitate an act of inter15 national terrorism or domestic terrorism, 

16 shall be fined under this title, imprisoned not more than 

17 25 years, or both. 

18 ‘‘(b) OFFENSE AGAINST GOVERNMENT.—Any person 

19 who violates any section of this chapter— 

20 ‘‘(1) knowing that such violation will facilitate 

21 the commission of any offense against the United 

22 States (other than an offense in this chapter) or 

23 against any State, which offense is punishable by 

24 imprisonment for more than 1 year; or 


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1 ‘‘(2) with the intent to facilitate the commission 

2 of any offense against the United States (other than 

3 an offense in this chapter) or against any State, 

4 which offense is punishable by imprisonment for 

5 more than 1 year, 

6 shall be fined under this title, imprisoned not more than 

7 20 years, or both. 

8 ‘‘§ 1550. Seizure and forfeiture 

9 ‘‘(a) FORFEITURE.—Any property, real or personal, 

10 used to commit or facilitate the commission of a violation 

11 of any section of this chapter, the gross proceeds of such 

12 violation, and any property traceable to such property or 

13 proceeds, shall be subject to forfeiture. 

14 ‘‘(b) APPLICABLE LAW.—Seizures and forfeitures 

15 under this section shall be governed by the provisions of 

16 chapter 46 relating to civil forfeitures, except that such 

17 duties as are imposed upon the Secretary of the Treasury 

18 under the customs laws described in section 981(d) shall 

19 be performed by such officers, agents, and other persons 

20 as may be designated for that purpose by the Secretary 

21 of Homeland Security, the Secretary of State, or the At22 torney General. 

23 ‘‘§ 1551. Additional jurisdiction 

24 ‘‘(a) IN GENERAL.—Any person who commits an of25 fense under this chapter within the special maritime and 


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1 territorial jurisdiction of the United States shall be pun2 ished as provided under this chapter. 

3 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any per4 son who commits an offense under this chapter outside 

5 the United States shall be punished as provided under this 

6 chapter if— 

7 ‘‘(1) the offense involves a United States immi8 gration document (or any document purporting to be 

9 such a document) or any matter, right, or benefit 

10 arising under or authorized by Federal immigration 

11 laws; 

12 ‘‘(2) the offense is in or affects foreign com13 merce; 

14 ‘‘(3) the offense affects, jeopardizes, or poses a 

15 significant risk to the lawful administration of Fed16 eral immigration laws, or the national security of the 

17 United States; 

18 ‘‘(4) the offense is committed to facilitate an 

19 act of international terrorism (as defined in section 

20 2331) or a drug trafficking crime (as defined in sec21 tion 929(a)(2)) that affects or would affect the na22 tional security of the United States; 

23 ‘‘(5) the offender is a national of the United 

24 States (as defined in section 101(a)(22) of the Im25 migration and Nationality Act (8 U.S.C. 


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1 1101(a)(22))) or an alien lawfully admitted for per2 manent residence in the United States (as defined in 

3 section 101(a)(20) of such Act); or 

4 ‘‘(6) the offender is a stateless person whose 

5 habitual residence is in the United States. 

6 ‘‘§ 1552. Additional venue 

7 ‘‘(a) IN GENERAL.—An offense under section 1542 

8 may be prosecuted in— 

9 ‘‘(1) any district in which the false statement or 

10 representation was made; 

11 ‘‘(2) any district in which the passport applica12 tion was prepared, submitted, mailed, received, proc13 essed, or adjudicated; or 

14 ‘‘(3) in the case of an application prepared and 

15 adjudicated outside the United States, in the district 

16 in which the resultant passport was produced. 

17 ‘‘(b) SAVINGS CLAUSE.—Nothing in this section lim18 its the venue otherwise available under sections 3237 and 

19 3238. 

20 ‘‘§ 1553. Definitions 

21 ‘‘As used in this chapter: 

22 ‘‘(1) The term ‘falsely make’ means to prepare 

23 or complete an immigration document with knowl24 edge or in reckless disregard of the fact that the 

25 document— 


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1 ‘‘(A) contains a statement or representa2 tion that is false, fictitious, or fraudulent; 

3 ‘‘(B) has no basis in fact or law; or 

4 ‘‘(C) otherwise fails to state a fact which 

5 is material to the purpose for which the docu6 ment was created, designed, or submitted. 

7 ‘‘(2) The term a ‘false statement or representa8 tion’ includes a personation or an omission. 

9 ‘‘(3) The term ‘felony’ means any criminal of10 fense punishable by a term of imprisonment of more 

11 than 1 year under the laws of the United States, any 

12 State, or a foreign government. 

13 ‘‘(4) The term ‘immigration document’— 

14 ‘‘(A) means— 

15 ‘‘(i) any passport or visa; or 

16 ‘‘(ii) any application, petition, affi17 davit, declaration, attestation, form, identi18 fication card, alien registration document, 

19 employment authorization document, bor20 der crossing card, certificate, permit, 

21 order, license, stamp, authorization, grant 

22 of authority, or other evidentiary docu23 ment, arising under or authorized by the 

24 immigration laws of the United States; and 


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1 ‘‘(B) includes any document, photograph, 

2 or other piece of evidence attached to or sub3 mitted in support of an immigration document. 

4 ‘‘(5) The term ‘immigration laws’ includes— 

5 ‘‘(A) the laws described in section 

6 101(a)(17) of the Immigration and Nationality 

7 Act (8 U.S.C. 1101(a)(17)); 

8 ‘‘(B) the laws relating to the issuance and 

9 use of passports; and 

10 ‘‘(C) the regulations prescribed under the 

11 authority of any law described in paragraphs 

12 (1) and (2). 

13 ‘‘(6) The term ‘immigration proceeding’ in14 cludes an adjudication, interview, hearing, or review. 

15 ‘‘(7) A person does not exercise ‘lawful author16 ity’ if the person abuses or improperly exercises law17 ful authority the person otherwise holds. 

18 ‘‘(8) The term ‘passport’ means a travel docu19 ment attesting to the identity and nationality of the 

20 bearer that is issued under the authority of the Sec21 retary of State, a foreign government, or an inter22 national organization; or any instrument purporting 

23 to be the same. 

24 ‘‘(9) The term ‘produce’ means to make, pre25 pare, assemble, issue, print, authenticate, or alter. 


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1 ‘‘(10) The term ‘State’ means a State of the 

2 United States, the District of Columbia, or any com3 monwealth, territory, or possession of the United 

4 States. 

5 ‘‘§ 1554. Authorized law enforcement activities 

6 ‘‘Nothing in this chapter shall prohibit any lawfully 

7 authorized investigative, protective, or intelligence activity 

8 of a law enforcement agency of the United States, a State, 

9 or a political subdivision of a State, or an intelligence 

10 agency of the United States, or any activity authorized 

11 under title V of the Organized Crime Control Act of 1970 

12 (84 Stat. 933). 

13 ‘‘§ 1555. Exception for refugees, asylees, and other 

14 vulnerable persons 

15 ‘‘(a) IN GENERAL.—If a person believed to have vio16 lated section 1542, 1544, 1546, or 1548 while attempting 

17 to enter the United States, without delay, indicates an in18 tention to apply for asylum under section 208 or 241(b)(3) 

19 of the Immigration and Nationality Act (8 U.S.C. 1158 

20 and 1231), or for relief under the Convention Against Tor21 ture and Other Cruel, Inhuman or Degrading Treatment 

22 or Punishment (in accordance with section 208.17 of title 

23 8, Code of Federal Regulations), or under section 

24 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 

25 101(a)(51), 216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in 


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1 effect prior to March 31, 1997) of such Act, or a credible 

2 fear of persecution or torture— 

3 ‘‘(1) the person shall be referred to an appro4 priate Federal immigration official to review such 

5 claim and make a determination if such claim is 

6 warranted; 

7 ‘‘(2) if the Federal immigration official deter8 mines that the person qualifies for the claimed relief, 

9 the person shall not be considered to have violated 

10 any such section; and 

11 ‘‘(3) if the Federal immigration official deter12 mines that the person does not qualify for the 

13 claimed relief, the person shall be referred to an ap14 propriate Federal official for prosecution under this 

15 chapter. 

16 ‘‘(b) SAVINGS PROVISION.—Nothing in this section 

17 shall be construed to diminish, increase, or alter the obli18 gations of refugees or the United States under article 

19 31(1) of the Convention Relating to the Status of Refu20 gees, done at Geneva July 28, 1951 (as made applicable 

21 by the Protocol Relating to the Status of Refugees, done 

22 at New York January 31, 1967 (19 UST 6223)).’’. 

23 (2) CLERICAL AMENDMENT.—The table of 

24 chapters in title 18, United States Code, is amended 


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1 by striking the item relating to chapter 75 and in2 serting the following: 

‘‘75. Passport, visa, and immigration fraud ............................. 1541’’. 

3 (b) PROTECTION FOR LEGITIMATE REFUGEES AND

4 ASYLUM SEEKERS.—Section 208 (8 U.S.C. 1158) is 

5 amended by adding at the end the following: 

6 ‘‘(e) PROTECTION FOR LEGITIMATE REFUGEES AND

7 ASYLUM SEEKERS.—The Attorney General, in consulta8 tion with the Secretary of Homeland Security, shall de9 velop binding prosecution guidelines for federal prosecu10 tors to ensure that any prosecution of an alien seeking 

11 entry into the United States by fraud is consistent with 

12 the written terms and limitations of Article 31(1) of the 

13 Convention Relating to the Status of Refugees, done at 

14 Geneva July 28, 1951 (as made applicable by the Protocol 

15 Relating to the Status of Refugees, done at New York 

16 January 31, 1967 (19 UST 6223)).’’. 

17 SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT 

18 AND IMMIGRATION FRAUD OFFENSES. 

19 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 

20 U.S.C. 1182(a)(2)(A)(i)) is amended– 

21 (1) in subclause (I), by striking ‘‘, or’’ at the 

22 end and inserting a semicolon; 

23 (2) in subclause (II), by striking the comma at 

24 the end and inserting ‘‘; or’’; and 


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1 (3) by inserting after subclause (II) the fol2 lowing: 

3 ‘‘(III) a violation of (or a con4 spiracy or attempt to violate) any pro5 vision of chapter 75 of title 18, 

6 United States Code,’’. 

7 (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 

8 1227(a)(3)(B)(iii)) is amended to read as follows: 

9 ‘‘(iii) of a violation of any provision of 

10 chapter 75 of title 18, United States 

11 Code,’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 subsections (a) and (b) shall apply to proceedings pending 

14 on or after the date of the enactment of this Act, with 

15 respect to conduct occurring on or after that date. 

16 SEC. 210. INCARCERATION OF CRIMINAL ALIENS. 

17 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

18 (1) CONTINUATION.—The Secretary shall con19 tinue to operate the Institutional Removal Program 

20 (referred to in this section as the ‘‘Program’’) or 

21 shall develop and implement another program to— 

22 (A) identify removable criminal aliens in 

23 Federal and State correctional facilities; 

24 (B) ensure that such aliens are not re25 leased into the community; and 


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1 (C) remove such aliens from the United 

2 States after the completion of their sentences. 

3 (2) EXPANSION.—The Secretary may extend 

4 the scope of the Program to all States. 

5 (b) AUTHORIZATION FOR DETENTION AFTER COM6 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

7 enforcement officers of a State or political subdivision of 

8 a State may— 

9 (1) hold an illegal alien for a period not to ex10 ceed 14 days after the completion of the alien’s 

11 State prison sentence to effectuate the transfer of 

12 the alien to Federal custody if the alien is removable 

13 or not lawfully present in the United States; or 

14 (2) issue a detainer that would allow aliens who 

15 have served a State prison sentence to be detained 

16 by the State prison until authorized employees of the 

17 Bureau of Immigration and Customs Enforcement 

18 can take the alien into custody. 

19 (c) TECHNOLOGY USAGE.—Technology, such as 

20 videoconferencing, shall be used to the maximum extent 

21 practicable to make the Program available in remote loca22 tions. Mobile access to Federal databases of aliens, such 

23 as IDENT, and live scan technology shall be used to the 

24 maximum extent practicable to make these resources 


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1 available to State and local law enforcement agencies in 

2 remote locations. 

3 (d) REPORT TO CONGRESS.—Not later than 6 

4 months after the date of the enactment of this Act, and 

5 annually thereafter, the Secretary shall submit a report 

6 to Congress on the participation of States in the Program 

7 and in any other program authorized under subsection (a). 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary in each of the fiscal years 2007 through 2011 

11 to carry out the Program. 

12 SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUN13 TARILY. 

14 (a) IN GENERAL.—Section 240B (8 U.S.C. 1229c) 

15 is amended— 

16 (1) in subsection (a)— 

17 (A) by amending paragraph (1) to read as 

18 follows: 

19 ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If 

20 an alien is not described in paragraph (2)(A)(iii) or 

21 (4) of section 237(a), the Secretary of Homeland Se22 curity may permit the alien to voluntarily depart the 

23 United States at the alien’s own expense under this 

24 subsection instead of being subject to proceedings 

25 under section 240.’’; 


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1 (B) by striking paragraph (3); 

2 (C) by redesignating paragraph (2) as 

3 paragraph (3); 

4 (D) by adding after paragraph (1) the fol5 lowing: 

6 ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL

7 PROCEEDINGS.—If an alien is not described in para8 graph (2)(A)(iii) or (4) of section 237(a), the Attor9 ney General may permit the alien to voluntarily de10 part the United States at the alien’s own expense 

11 under this subsection after the initiation of removal 

12 proceedings under section 240 and before the con13 clusion of such proceedings before an immigration 

14 judge.’’; 

15 (E) in paragraph (3), as redesignated— 

16 (i) by amending subparagraph (A) to 

17 read as follows: 

18 ‘‘(A) INSTEAD OF REMOVAL.—Subject to 

19 subparagraph (C), permission to voluntarily de20 part under paragraph (1) shall not be valid for 

21 any period in excess of 120 days. The Secretary 

22 may require an alien permitted to voluntarily 

23 depart under paragraph (1) to post a voluntary 

24 departure bond, to be surrendered upon proof 


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1 that the alien has departed the United States 

2 within the time specified.’’; 

3 (ii) by redesignating subparagraphs 

4 (B), (C), and (D) as paragraphs (C), (D), 

5 and (E), respectively; 

6 (iii) by adding after subparagraph (A) 

7 the following: 

8 ‘‘(B) BEFORE THE CONCLUSION OF RE9 MOVAL PROCEEDINGS.—Permission to volun10 tarily depart under paragraph (2) shall not be 

11 valid for any period in excess of 60 days, and 

12 may be granted only after a finding that the 

13 alien has the means to depart the United States 

14 and intends to do so. An alien permitted to vol15 untarily depart under paragraph (2) shall post 

16 a voluntary departure bond, in an amount nec17 essary to ensure that the alien will depart, to be 

18 surrendered upon proof that the alien has de19 parted the United States within the time speci20 fied. An immigration judge may waive the re21 quirement to post a voluntary departure bond 

22 in individual cases upon a finding that the alien 

23 has presented compelling evidence that the 

24 posting of a bond will pose a serious financial 

25 hardship and the alien has presented credible 


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1 evidence that such a bond is unnecessary to 

2 guarantee timely departure.’’; 

3 (iv) in subparagraph (C), as redesig4 nated, by striking ‘‘subparagraphs (C) 

5 and(D)(ii)’’ and inserting ‘‘subparagraphs 

6 (D) and (E)(ii)’’; 

7 (v) in subparagraph (D), as redesig8 nated, by striking ‘‘subparagraph (B)’’ 

9 each place that term appears and inserting 

10 ‘‘subparagraph (C)’’; and 

11 (vi) in subparagraph (E), as redesig12 nated, by striking ‘‘subparagraph (B)’’ 

13 each place that term appears and inserting 

14 ‘‘subparagraph (C)’’; and 

15 (F) in paragraph (4), by striking ‘‘para16 graph (1)’’ and inserting ‘‘paragraphs (1) and 

17 (2)’’; 

18 (2) in subsection (b)(2), by striking ‘‘a period 

19 exceeding 60 days’’ and inserting ‘‘any period in ex20 cess of 45 days’’; 

21 (3) by amending subsection (c) to read as fol22 lows: 

23 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

24 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— 

25 Voluntary departure may only be granted as part of 


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1 an affirmative agreement by the alien. A voluntary 

2 departure agreement under subsection (b) shall in3 clude a waiver of the right to any further motion, 

4 appeal, application, petition, or petition for review 

5 relating to removal or relief or protection from re6 moval. 

7 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In 

8 connection with the alien’s agreement to depart vol9 untarily under paragraph (1), the Secretary of 

10 Homeland Security may agree to a reduction in the 

11 period of inadmissibility under subparagraph (A) or 

12 (B)(i) of section 212(a)(9). 

13 ‘‘(3) ADVISALS.—Agreements relating to vol14 untary departure granted during removal pro15 ceedings under section 240, or at the conclusion of 

16 such proceedings, shall be presented on the record 

17 before the immigration judge. The immigration 

18 judge shall advise the alien of the consequences of 

19 a voluntary departure agreement before accepting 

20 such agreement. 

21 ‘‘(4) FAILURE TO COMPLY WITH AGREE22 MENT.— 

23 ‘‘(A) IN GENERAL.—If an alien agrees to 

24 voluntary departure under this section and fails 

25 to depart the United States within the time alVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 lowed for voluntary departure or fails to comply 

2 with any other terms of the agreement (includ3 ing failure to timely post any required bond), 

4 the alien is— 

5 ‘‘(i) ineligible for the benefits of the 

6 agreement; 

7 ‘‘(ii) subject to the penalties described 

8 in subsection (d); and 

9 ‘‘(iii) subject to an alternate order of 

10 removal if voluntary departure was granted 

11 under subsection (a)(2) or (b). 

12 ‘‘(B) EFFECT OF FILING TIMELY AP13 PEAL.—If, after agreeing to voluntary depar14 ture, the alien files a timely appeal of the immi15 gration judge’s decision granting voluntary de16 parture, the alien may pursue the appeal in17 stead of the voluntary departure agreement. 

18 Such appeal operates to void the alien’s vol19 untary departure agreement and the con20 sequences of such agreement, but precludes the 

21 alien from another grant of voluntary departure 

22 while the alien remains in the United States. 

23 ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF24 FECTED.—Except as expressly agreed to by the Sec25 retary in writing in the exercise of the Secretary’s 


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1 discretion before the expiration of the period allowed 

2 for voluntary departure, no motion, appeal, applica3 tion, petition, or petition for review shall affect, rein4 state, enjoin, delay, stay, or toll the alien’s obligation 

5 to depart from the United States during the period 

6 agreed to by the alien and the Secretary.’’; 

7 (4) by amending subsection (d) to read as fol8 lows: 

9 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 

10 alien is permitted to voluntarily depart under this section 

11 and fails to voluntarily depart from the United States 

12 within the time period specified or otherwise violates the 

13 terms of a voluntary departure agreement, the alien will 

14 be subject to the following penalties: 

15 ‘‘(1) CIVIL PENALTY.—The alien shall be liable 

16 for a civil penalty of $3,000. The order allowing vol17 untary departure shall specify the amount of the 

18 penalty, which shall be acknowledged by the alien on 

19 the record. If the Secretary thereafter establishes 

20 that the alien failed to depart voluntarily within the 

21 time allowed, no further procedure will be necessary 

22 to establish the amount of the penalty, and the Sec23 retary may collect the civil penalty at any time 

24 thereafter and by whatever means provided by law. 


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1 An alien will be ineligible for any benefits under this 

2 chapter until this civil penalty is paid. 

3 ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien 

4 shall be ineligible during the time the alien remains 

5 in the United States and for a period of 10 years 

6 after the alien’s departure for any further relief 

7 under this section and sections 240A, 245, 248, and 

8 249. The order permitting the alien to depart volun9 tarily shall inform the alien of the penalties under 

10 this subsection. 

11 ‘‘(3) REOPENING.—The alien shall be ineligible 

12 to reopen the final order of removal that took effect 

13 upon the alien’s failure to depart, or upon the alien’s 

14 other violations of the conditions for voluntary de15 parture, during the period described in paragraph 

16 (2). This paragraph does not preclude a motion to 

17 reopen to seek withholding of removal under section 

18 241(b)(3) or protection against torture, if the mo19 tion— 

20 ‘‘(A) presents material evidence of changed 

21 country conditions arising after the date of the 

22 order granting voluntary departure in the coun23 try to which the alien would be removed; and 


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1 ‘‘(B) makes a sufficient showing to the sat2 isfaction of the Attorney General that the alien 

3 is otherwise eligible for such protection.’’; and 

4 (5) by amending subsection (e) to read as fol5 lows: 

6 ‘‘(e) ELIGIBILITY.— 

7 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR8 TURE.—An alien shall not be permitted to volun9 tarily depart under this section if the Secretary of 

10 Homeland Security or the Attorney General pre11 viously permitted the alien to depart voluntarily. 

12 ‘‘(2) RULEMAKING.—The Secretary may pro13 mulgate regulations to limit eligibility or impose ad14 ditional conditions for voluntary departure under 

15 subsection (a)(1) for any class of aliens. The Sec16 retary or Attorney General may by regulation limit 

17 eligibility or impose additional conditions for vol18 untary departure under subsections (a)(2) or (b) of 

19 this section for any class or classes of aliens.’’; and 

20 (6) in subsection (f), by adding at the end the 

21 following: ‘‘Notwithstanding section 242(a)(2)(D) of 

22 this Act, sections 1361, 1651, and 2241 of title 28, 

23 United States Code, any other habeas corpus provi24 sion, and any other provision of law (statutory or 

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1 fect, reinstate, enjoin, delay, stay, or toll the period 

2 allowed for voluntary departure under this section.’’. 

3 (b) RULEMAKING.—The Secretary shall promulgate 

4 regulations to provide for the imposition and collection of 

5 penalties for failure to depart under section 240B(d) of 

6 the Immigration and Nationality Act (8 U.S.C. 1229c(d)). 

7 (c) EFFECTIVE DATES.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amendments made by this section 

10 shall apply with respect to all orders granting vol11 untary departure under section 240B of the Immi12 gration and Nationality Act (8 U.S.C. 1229c) made 

13 on or after the date that is 180 days after the enact14 ment of this Act. 

15 (2) EXCEPTION.—The amendment made by 

16 subsection (a)(6) shall take effect on the date of the 

17 enactment of this Act and shall apply with respect 

18 to any petition for review which is filed on or after 

19 such date. 

20 SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM 

21 REMAINING IN THE UNITED STATES UNLAW22 FULLY. 

23 (a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) (8 

24 U.S.C. 1182(a)(9)(A)) is amended— 


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1 (1) in clause (i), by striking ‘‘seeks admission 

2 within 5 years of the date of such removal (or within 

3 20 years’’ and inserting ‘‘seeks admission not later 

4 than 5 years after the date of the alien’s removal (or 

5 not later than 20 years after the alien’s removal’’; 

6 and 

7 (2) in clause (ii), by striking ‘‘seeks admission 

8 within 10 years of the date of such alien’s departure 

9 or removal (or within 20 years of’’ and inserting 

10 ‘‘seeks admission not later than 10 years after the 

11 date of the alien’s departure or removal (or not later 

12 than 20 years after’’. 

13 (b) BAR ON DISCRETIONARY RELIEF.—Section 274D 

14 (9 U.S.C. 324d) is amended— 

15 (1) in subsection (a), by striking ‘‘Commis16 sioner’’ and inserting ‘‘Secretary of Homeland Secu17 rity’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(c) INELIGIBILITY FOR RELIEF.— 

20 ‘‘(1) IN GENERAL.—Unless a timely motion to 

21 reopen is granted under section 240(c)(6), an alien 

22 described in subsection (a) shall be ineligible for any 

23 discretionary relief from removal (including cancella24 tion of removal and adjustment of status) during the 

25 time the alien remains in the United States and for 


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1 a period of 10 years after the alien’s departure from 

2 the United States. 

3 ‘‘(2) SAVINGS PROVISION.—Nothing in para4 graph (1) shall preclude a motion to reopen to seek 

5 withholding of removal under section 241(b)(3) or 

6 protection against torture, if the motion— 

7 ‘‘(A) presents material evidence of changed 

8 country conditions arising after the date of the 

9 final order of removal in the country to which 

10 the alien would be removed; and 

11 ‘‘(B) makes a sufficient showing to the sat12 isfaction of the Attorney General that the alien 

13 is otherwise eligible for such protection.’’. 

14 (c) EFFECTIVE DATES.—The amendments made by 

15 this section shall take effect on the date of the enactment 

16 of this Act with respect to aliens who are subject to a final 

17 order of removal entered on or after such date. 

18 SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR 

19 THE POSSESSION OF FIREARMS BY CERTAIN 

20 ALIENS. 

21 Section 922 of title 18, United States Code, is 

22 amended— 

23 (1) in subsection (d)(5)— 

24 (A) in subparagraph (A), by striking ‘‘or’’ 

25 at the end; 


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1 (B) in subparagraph (B), by striking 

2 ‘‘(y)(2)’’ and all that follows and inserting ‘‘(y), 

3 is in a nonimmigrant classification; or’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(C) has been paroled into the United 

6 States under section 212(d)(5) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1182(d)(5));’’; 

9 (2) in subsection (g)(5)— 

10 (A) in subparagraph (A), by striking ‘‘or’’ 

11 at the end; 

12 (B) in subparagraph (B), by striking 

13 ‘‘(y)(2)’’ and all that follows and inserting ‘‘(y), 

14 is in a nonimmigrant classification; or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(C) has been paroled into the United 

17 States under section 212(d)(5) of the Immigra18 tion and Nationality Act (8 U.S.C. 

19 1182(d)(5));’’; and 

20 (3) in subsection (y)— 

21 (A) in the header, by striking ‘‘ADMITTED

22 UNDER NONIMMIGRANT VISAS’’ and inserting 

23 ‘‘IN A NONIMMIGRANT CLASSIFICATION’’; 

24 (B) in paragraph (1), by amending sub25 paragraph (B) to read as follows: 


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1 ‘‘(B) the term ‘nonimmigrant classifica2 tion’ includes all classes of nonimmigrant aliens 

3 described in section 101(a)(15) of the Immigra4 tion and Nationality Act (8 U.S.C. 

5 1101(a)(15)), or otherwise described in the im6 migration laws (as defined in section 

7 101(a)(17) of such Act).’’; 

8 (C) in paragraph (2), by striking ‘‘has 

9 been lawfully admitted to the United States 

10 under a nonimmigrant visa’’ and inserting ‘‘is 

11 in a nonimmigrant classification’’; and 

12 (D) in paragraph (3)(A), by striking ‘‘Any 

13 individual who has been admitted to the United 

14 States under a nonimmigrant visa may receive 

15 a waiver from the requirements of subsection 

16 (g)(5)’’ and inserting ‘‘Any alien in a non17 immigrant classification may receive a waiver 

18 from the requirements of subsection (g)(5)(B)’’. 

19 SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CER20 TAIN IMMIGRATION, NATURALIZATION, AND 

21 PEONAGE OFFENSES. 

22 (a) IN GENERAL.—Section 3291 of title 18, United 

23 States Code, is amended to read as follows: 


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1 ‘‘§ 3291. Immigration, naturalization, and peonage of2 fenses 

3 ‘‘No person shall be prosecuted, tried, or punished 

4 for a violation of any section of chapters 69 (relating to 

5 nationality and citizenship offenses), 75 (relating to pass6 port, visa, and immigration offenses), or 77 (relating to 

7 peonage, slavery, and trafficking in persons), for an at8 tempt or conspiracy to violate any such section, for a viola9 tion of any criminal provision under section 243, 266, 274, 

10 275, 276, 277, or 278 of the Immigration and Nationality 

11 Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 

12 1328), or for an attempt or conspiracy to violate any such 

13 section, unless the indictment is returned or the informa14 tion filed not later than 10 years after the commission 

15 of the offense.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 213 of title 18, United States Code, is amend18 ed by striking the item relating to section 3291 and insert19 ing the following: 

‘‘3291. Immigration, naturalization, and peonage offenses.’’. 

20 SEC. 215. DIPLOMATIC SECURITY SERVICE. 

21 Section 2709(a)(1) of title 22, United States Code, 

22 is amended to read as follows: 

23 ‘‘(1) conduct investigations concerning— 

24 ‘‘(A) illegal passport or visa issuance or 

25 use; 


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1 ‘‘(B) identity theft or document fraud af2 fecting or relating to the programs, functions, 

3 and authorities of the Department of State; 

4 ‘‘(C) violations of chapter 77 of title 18, 

5 United States Code; and 

6 ‘‘(D) Federal offenses committed within 

7 the special maritime and territorial jurisdiction 

8 of the United States (as defined in section 7(9) 

9 of title 18, United States Code);’’. 

10 SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND 

11 CHECKS. 

12 (a) IN GENERAL.—Section 103 (8 U.S.C. 1103) is 

13 amended— 

14 (1) by amending subsection (f) to read as fol15 lows: 

16 ‘‘(f) MINIMUM NUMBER OF AGENTS IN STATES.— 

17 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

18 Security shall allocate to each State— 

19 ‘‘(A) not fewer than 40 full-time active 

20 duty agents of the Bureau of Immigration and 

21 Customs Enforcement to— 

22 ‘‘(i) investigate immigration viola23 tions; and 

24 ‘‘(ii) ensure the departure of all re25 movable aliens; and 


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1 ‘‘(B) not fewer than 15 full-time active 

2 duty agents of the Bureau of Citizenship and 

3 Immigration Services to carry out immigration 

4 and naturalization adjudication functions. 

5 ‘‘(2) WAIVER.—The Secretary may waive the 

6 application of paragraph (1) for any State with a 

7 population of less than 2,000,000, as most recently 

8 reported by the Bureau of the Census’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(i) Notwithstanding any other provision of law, ap11 propriate background and security checks, as determined 

12 by the Secretary of Homeland Security, shall be completed 

13 and assessed and any suspected or alleged fraud relating 

14 to the granting of any status (including the granting of 

15 adjustment of status), relief, protection from removal, or 

16 other benefit under this Act shall be investigated and re17 solved before the Secretary or the Attorney General may— 

18 ‘‘(1) grant or order the grant of adjustment of 

19 status of an alien to that of an alien lawfully admit20 ted for permanent residence; 

21 ‘‘(2) grant or order the grant of any other sta22 tus, relief, protection from removal, or other benefit 

23 under the immigration laws; or 


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1 ‘‘(3) issue any documentation evidencing or re2 lated to such grant by the Secretary, the Attorney 

3 General, or any court.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a)(1) shall take effect on the date that is 90 

6 days after the date of the enactment of this Act. 

7 SEC. 217. CONSTRUCTION. 

8 (a) IN GENERAL.—Chapter 4 of title III (8 U.S.C. 

9 1501 et seq.) is amended by adding at the end the fol10 lowing: 

11 ‘‘SEC. 362. CONSTRUCTION. 

12 ‘‘(a) IN GENERAL.—Nothing in this Act or in any 

13 other provision of law shall be construed to require the 

14 Secretary of Homeland Security, the Attorney General, 

15 the Secretary of State, the Secretary of Labor, or any 

16 other authorized head of any Federal agency to grant any 

17 application, approve any petition, or grant or continue any 

18 status or benefit under the immigration laws by, to, or 

19 on behalf of— 

20 ‘‘(1) any alien described in subparagraph (A)(i), 

21 (A)(iii), (B), or (F) of section 212(a)(3) or subpara22 graph (A)(i), (A)(iii), or (B) of section 237(a)(4); 

23 ‘‘(2) any alien with respect to whom a criminal 

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1 terial to the alien’s inadmissibility, deportability, or 

2 eligibility for the status or benefit sought; or 

3 ‘‘(3) any alien for whom all law enforcement 

4 checks, as deemed appropriate by such authorized 

5 official, have not been conducted and resolved. 

6 ‘‘(b) DENIAL; WITHHOLDING.—An official described 

7 in subsection (a) may deny or withhold (with respect to 

8 an alien described in subsection (a)(1)) or withhold pend9 ing resolution of the investigation, case, or law enforce10 ment checks (with respect to an alien described in para11 graph (2) or (3) of subsection (a)) any such application, 

12 petition, status, or benefit on such basis.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 is amended by inserting after the item relating to section 

15 361 the following: 

‘‘Sec. 362. Construction.’’. 

16 SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

17 (a) REIMBURSEMENT FOR COSTS ASSOCIATED WITH

18 PROCESSING CRIMINAL ILLEGAL ALIENS.—The Secretary 

19 shall reimburse States and units of local government for 

20 costs associated with processing undocumented criminal 

21 aliens through the criminal justice system, including— 

22 (1) indigent defense; 

23 (2) criminal prosecution; 

24 (3) autopsies; 

25 (4) translators and interpreters; and 


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1 (5) courts costs. 

2 (b) AUTHORIZATION OF APPROPRIATIONS.— 

3 (1) PROCESSING CRIMINAL ILLEGAL ALIENS.— 

4 There are authorized to be appropriated 

5 $400,000,000 for each of the fiscal years 2007 

6 through 2012 to carry out subsection (a). 

7 (2) COMPENSATION UPON REQUEST.—Section 

8 241(i)(5) (8 U.S.C. 1231(i)) is amended to read as 

9 follows: 

10 ‘‘(5) There are authorized to be appropriated to 

11 carry this subsection— 

12 ‘‘(A) such sums as may be necessary for 

13 fiscal year 2007; 

14 ‘‘(B) $750,000,000 for fiscal year 2008; 

15 ‘‘(C) $850,000,000 for fiscal year 2009; 

16 and 

17 ‘‘(D) $950,000,000 for each of the fiscal 

18 years 2010 through 2012.’’. 

19 (c) TECHNICAL AMENDMENT.—Section 501 of the 

20 Immigration Reform and Control Act of 1986 (8 U.S.C. 

21 1365) is amended by striking ‘‘Attorney General’’ each 

22 place it appears and inserting ‘‘Secretary of Homeland Se23 curity’’. 


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1 SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL 

2 ALIENS APPREHENDED BY STATE AND LOCAL 

3 LAW ENFORCEMENT OFFICERS. 

4 (a) IN GENERAL.—The Secretary shall provide suffi5 cient transportation and officers to take illegal aliens ap6 prehended by State and local law enforcement officers into 

7 custody for processing at a detention facility operated by 

8 the Department. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary for each of fiscal years 2007 through 2011 to 

12 carry out this section. 

13 SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN 

14 SMUGGLING ON TRIBAL LANDS. 

15 (a) GRANTS AUTHORIZED.—The Secretary may 

16 award grants to Indian tribes with lands adjacent to an 

17 international border of the United States that have been 

18 adversely affected by illegal immigration. 

19 (b) USE OF FUNDS.—Grants awarded under sub20 section (a) may be used for— 

21 (1) law enforcement activities; 

22 (2) health care services; 

23 (3) environmental restoration; and 

24 (4) the preservation of cultural resources. 

25 (c) REPORT.—Not later than 180 days after the date 

26 of the enactment of this Act, the Secretary shall submit 


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1 a report to the Committee on the Judiciary of the Senate 

2 and the Committee on the Judiciary of the House of Rep3 resentatives that— 

4 (1) describes the level of access of Border Pa5 trol agents on tribal lands; 

6 (2) describes the extent to which enforcement of 

7 immigration laws may be improved by enhanced ac8 cess to tribal lands; 

9 (3) contains a strategy for improving such ac10 cess through cooperation with tribal authorities; and 

11 (4) identifies grants provided by the Depart12 ment for Indian tribes, either directly or through 

13 State or local grants, relating to border security ex14 penses. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as may be 

17 necessary for each of the fiscal years 2007 through 2011 

18 to carry out this section. 

19 SEC. 221. ALTERNATIVES TO DETENTION. 

20 The Secretary shall conduct a study of— 

21 (1) the effectiveness of alternatives to detention, 

22 including electronic monitoring devices and intensive 

23 supervision programs, in ensuring alien appearance 

24 at court and compliance with removal orders; 


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1 (2) the effectiveness of the Intensive Super2 vision Appearance Program and the costs and bene3 fits of expanding that program to all States; and 

4 (3) other alternatives to detention, including— 

5 (A) release on an order of recognizance; 

6 (B) appearance bonds; and 

7 (C) electronic monitoring devices. 

8 SEC. 222. CONFORMING AMENDMENT. 

9 Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is 

10 amended— 

11 (1) by striking ‘‘(i) which either is falsely mak12 ing, forging, counterfeiting, mutilating, or altering a 

13 passport or instrument in violation of section 1543 

14 of title 18, United States Code, or is described in 

15 section 1546(a) of such title (relating to document 

16 fraud) and (ii)’’ and inserting ‘‘which is described in 

17 chapter 75 of title 18, United States Code, and’’; 

18 and 

19 (2) by inserting the following: ‘‘that is not de20 scribed in section 1548 of such title (relating to in21 creased penalties), and’’ after ‘‘first offense’’. 

22 SEC. 223. REPORTING REQUIREMENTS. 

23 (a) CLARIFYING ADDRESS REPORTING REQUIRE24 MENTS.—Section 265 (8 U.S.C. 1305) is amended— 

25 (1) in subsection (a)— 


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1 (A) by striking ‘‘notify the Attorney Gen2 eral in writing’’ and inserting ‘‘submit written 

3 or electronic notification to the Secretary of 

4 Homeland Security, in a manner approved by 

5 the Secretary,’’; 

6 (B) by striking ‘‘the Attorney General may 

7 require by regulation’’ and inserting ‘‘the Sec8 retary may require’’; and 

9 (C) by adding at the end the following: ‘‘If 

10 the alien is involved in proceedings before an 

11 immigration judge or in an administrative ap12 peal of such proceedings, the alien shall submit 

13 to the Attorney General the alien’s current ad14 dress and a telephone number, if any, at which 

15 the alien may be contacted.’’; 

16 (2) in subsection (b), by striking ‘‘Attorney 

17 General’’ each place such term appears and inserting 

18 ‘‘Secretary’’; 

19 (3) in subsection (c), by striking ‘‘given to such 

20 parent’’ and inserting ‘‘given by such parent’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(d) ADDRESS TO BE PROVIDED.— 

23 ‘‘(1) IN GENERAL.—Except as otherwise pro24 vided by the Secretary under paragraph (2), an ad25 dress provided by an alien under this section shall 


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1 be the alien’s current residential mailing address, 

2 and shall not be a post office box or other non-resi3 dential mailing address or the address of an attor4 ney, representative, labor organization, or employer. 

5 ‘‘(2) SPECIFIC REQUIREMENTS.—The Secretary 

6 may provide specific requirements with respect to— 

7 ‘‘(A) designated classes of aliens and spe8 cial circumstances, including aliens who are em9 ployed at a remote location; and 

10 ‘‘(B) the reporting of address information 

11 by aliens who are incarcerated in a Federal, 

12 State, or local correctional facility. 

13 ‘‘(3) DETENTION.—An alien who is being de14 tained by the Secretary under this Act is not re15 quired to report the alien’s current address under 

16 this section during the time the alien remains in de17 tention, but shall be required to notify the Secretary 

18 of the alien’s address under this section at the time 

19 of the alien’s release from detention. 

20 ‘‘(e) USE OF MOST RECENT ADDRESS PROVIDED BY

21 THE ALIEN.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the Secretary may provide for the 

24 appropriate coordination and cross referencing of 

25 address information provided by an alien under this 


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1 section with other information relating to the alien’s 

2 address under other Federal programs, including— 

3 ‘‘(A) any information pertaining to the 

4 alien, which is submitted in any application, pe5 tition, or motion filed under this Act with the 

6 Secretary of Homeland Security, the Secretary 

7 of State, or the Secretary of Labor; 

8 ‘‘(B) any information available to the At9 torney General with respect to an alien in a 

10 proceeding before an immigration judge or an 

11 administrative appeal or judicial review of such 

12 proceeding; 

13 ‘‘(C) any information collected with respect 

14 to nonimmigrant foreign students or exchange 

15 program participants under section 641 of the 

16 Illegal Immigration Reform and Immigrant Re17 sponsibility Act of 1996 (8 U.S.C. 1372); and 

18 ‘‘(D) any information collected from State 

19 or local correctional agencies pursuant to the 

20 State Criminal Alien Assistance Program. 

21 ‘‘(2) RELIANCE.—The Secretary may rely on 

22 the most recent address provided by the alien under 

23 this section or section 264 to send to the alien any 

24 notice, form, document, or other matter pertaining 

25 to Federal immigration laws, including service of a 


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1 notice to appear. The Attorney General and the Sec2 retary may rely on the most recent address provided 

3 by the alien under section 239(a)(1)(F) to contact 

4 the alien about pending removal proceedings. 

5 ‘‘(3) OBLIGATION.—The alien’s provision of an 

6 address for any other purpose under the Federal im7 migration laws does not excuse the alien’s obligation 

8 to submit timely notice of the alien’s address to the 

9 Secretary under this section (or to the Attorney 

10 General under section 239(a)(1)(F) with respect to 

11 an alien in a proceeding before an immigration judge 

12 or an administrative appeal of such proceeding).’’. 

13 (b) CONFORMING CHANGES WITH RESPECT TO REG14 ISTRATION REQUIREMENTS.—Chapter 7 of title II (8 

15 U.S.C. 1301 et seq.) is amended— 

16 (1) in section 262(c), by striking ‘‘Attorney 

17 General’’ and inserting ‘‘Secretary of Homeland Se18 curity’’; 

19 (2) in section 263(a), by striking ‘‘Attorney 

20 General’’ and inserting ‘‘Secretary of Homeland Se21 curity’’; and 

22 (3) in section 264— 

23 (A) in subsections (a), (b), (c), and (d), by 

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1 pears and inserting ‘‘Secretary of Homeland 

2 Security’’; and 

3 (B) in subsection (f)— 

4 (i) by striking ‘‘Attorney General is 

5 authorized’’ and inserting ‘‘Secretary of 

6 Homeland Security and Attorney General 

7 are authorized’’; and 

8 (ii) by striking ‘‘Attorney General or 

9 the Service’’ and inserting ‘‘Secretary or 

10 the Attorney General’’. 

11 (c) PENALTIES.—Section 266 (8 U.S.C. 1306) is 

12 amended— 

13 (1) by amending subsection (b) to read as fol14 lows: 

15 ‘‘(b) FAILURE TO PROVIDE NOTICE OF ALIEN’S CUR16 RENT ADDRESS.— 

17 ‘‘(1) CRIMINAL PENALTIES.—Any alien or any 

18 parent or legal guardian in the United States of any 

19 minor alien who fails to notify the Secretary of 

20 Homeland Security of the alien’s current address in 

21 accordance with section 265 shall be fined under 

22 title 18, United States Code, imprisoned for not 

23 more than 6 months, or both. 

24 ‘‘(2) EFFECT ON IMMIGRATION STATUS.—Any 

25 alien who violates section 265 (regardless of whether 


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1 the alien is punished under paragraph (1)) and does 

2 not establish to the satisfaction of the Secretary that 

3 such failure was reasonably excusable or was not 

4 willful shall be taken into custody in connection with 

5 removal of the alien. If the alien has not been in6 spected or admitted, or if the alien has failed on 

7 more than 1 occasion to submit notice of the alien’s 

8 current address as required under section 265, the 

9 alien may be presumed to be a flight risk. The Sec10 retary or the Attorney General, in considering any 

11 form of relief from removal which may be granted 

12 in the discretion of the Secretary or the Attorney 

13 General, may take into consideration the alien’s fail14 ure to comply with section 265 as a separate nega15 tive factor. If the alien failed to comply with the re16 quirements of section 265 after becoming subject to 

17 a final order of removal, deportation, or exclusion, 

18 the alien’s failure shall be considered as a strongly 

19 negative factor with respect to any discretionary mo20 tion for reopening or reconsideration filed by the 

21 alien.’’; 

22 (2) in subsection (c), by inserting ‘‘or a notice 

23 of current address’’ before ‘‘containing statements’’; 

24 and 


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1 (3) in subsections (c) and (d), by striking ‘‘At2 torney General’’ each place it appears and inserting 

3 ‘‘Secretary’’. 

4 (d) EFFECTIVE DATES.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the amendments made by this section 

7 shall apply to proceedings initiated on or after the 

8 date of the enactment of this Act. 

9 (2) CONFORMING AND TECHNICAL AMEND10 MENTS.—The amendments made by paragraphs 

11 (1)(A), (1)(B), (2) and (3) of subsection (a) are ef12 fective as if enacted on March 1, 2003. 

13 SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL 

14 IMMIGRATION LAWS. 

15 (a) IN GENERAL.—Section 287(g) (8 U.S.C. 

16 1357(g)) is amended— 

17 (1) in paragraph (2), by adding at the end the 

18 following: ‘‘If such training is provided by a State or 

19 political subdivision of a State to an officer or em20 ployee of such State or political subdivision of a 

21 State, the cost of such training (including applicable 

22 overtime costs) shall be reimbursed by the Secretary 

23 of Homeland Security.’’; and 

24 (2) in paragraph (4), by adding at the end the 

25 following: ‘‘The cost of any equipment required to be 


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1 purchased under such written agreement and nec2 essary to perform the functions under this sub3 section shall be reimbursed by the Secretary of 

4 Homeland Security.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary such 

7 sums as may be necessary to carry out this section and 

8 the amendments made by this section. 

9 SEC. 225. REMOVAL OF DRUNK DRIVERS. 

10 (a) IN GENERAL.—Section 101(a)(43)(F) (8 U.S.C. 

11 1101(a)(43)(F)) is amended by inserting ‘‘, including a 

12 third drunk driving conviction, regardless of the States in 

13 which the convictions occurred or whether the offenses are 

14 classified as misdemeanors or felonies under State law,’’ 

15 after ‘‘offense)’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall— 

18 (1) take effect on the date of the enactment of 

19 this Act; and 

20 (2) apply to convictions entered before, on, or 

21 after such date. 

22 SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS. 

23 Section 220(c) of the Immigration and Nationality 

24 Technical Corrections Act of 1994 (8 U.S.C. 1182 note) 

25 is amended by striking ‘‘and before June 1, 2006.’’. 


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1 SEC. 227. EXPEDITED REMOVAL. 

2 (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 

3 amended— 

4 (1) by striking the section heading and insert5 ing ‘‘EXPEDITED REMOVAL OF CRIMINAL ALIENS’’; 

6 (2) in subsection (a), by striking the subsection 

7 heading and inserting: ‘‘EXPEDITED REMOVAL

8 FROM CORRECTIONAL FACILITIES.—’’; 

9 (3) in subsection (b), by striking the subsection 

10 heading and inserting: ‘‘REMOVAL OF CRIMINAL

11 ALIENS.—’’; 

12 (4) in subsection (b), by striking paragraphs 

13 (1) and (2) and inserting the following: 

14 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

15 Security may, in the case of an alien described in 

16 paragraph (2), determine the deportability of such 

17 alien and issue an order of removal pursuant to the 

18 procedures set forth in this subsection or section 

19 240. 

20 ‘‘(2) ALIENS DESCRIBED.—An alien is de21 scribed in this paragraph if the alien— 

22 ‘‘(A) has not been lawfully admitted to the 

23 United States for permanent residence; and 

24 ‘‘(B) was convicted of any criminal offense 

25 described in subparagraph (A)(iii), (C), or (D) 

26 of section 237(a)(2).’’; 


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1 (5) in the subsection (c) that relates to pre2 sumption of deportability, by striking ‘‘convicted of 

3 an aggravated felony’’ and inserting ‘‘described in 

4 subsection (b)(2)’’; 

5 (6) by redesignating the subsection (c) that re6 lates to judicial removal as subsection (d); and 

7 (7) in subsection (d)(5) (as so redesignated), by 

8 striking ‘‘, who is deportable under this Act,’’. 

9 (b) APPLICATION TO CERTAIN ALIENS.— 

10 (1) IN GENERAL.—Section 235(b)(1)(A)(iii) (8 

11 U.S.C. 1225(b)(1)(A)(iii)) is amended— 

12 (A) in subclause (I), by striking ‘‘Attorney 

13 General’’ and inserting ‘‘Secretary of Homeland 

14 Security’’ each place it appears; and 

15 (B) by adding at the end the following new 

16 subclause: 

17 ‘‘(III) EXCEPTION.—Notwith18 standing subclauses (I) and (II), the 

19 Secretary of Homeland Security shall 

20 apply clauses (i) and (ii) of this sub21 paragraph to any alien (other than an 

22 alien described in subparagraph (F)) 

23 who is not a national of a country 

24 contiguous to the United States, who 

25 has not been admitted or paroled into 


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1 the United States, and who is appre2 hended within 100 miles of an inter3 national land border of the United 

4 States and within 14 days of entry.’’. 

5 (2) EXCEPTIONS.—Section 235(b)(1)(F) of the 

6 Immigration and Nationality Act (8 U.S.C. 

7 1225(b)(1)(F)) is amended— 

8 (A) by striking ‘‘and who arrives by air9 craft at a port of entry’’ and inserting 

10 ‘‘and—’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(i) who arrives by aircraft at a port 

13 of entry; or 

14 ‘‘(ii) who is present in the United 

15 States and arrived in any manner at or be16 tween a port of entry.’’. 

17 (c) LIMIT ON INJUNCTIVE RELIEF.—Section 

18 242(f)(2) (8 U.S.C. 1252(f)(2)) is amended by inserting 

19 ‘‘or stay, whether temporarily or otherwise,’’ after ‘‘en20 join’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on the date of the enactment 

23 of this Act and shall apply to all aliens apprehended or 

24 convicted on or after such date. 


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1 SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED 

2 SEX OFFENDERS. 

3 (a) IMMIGRANTS.—Section 204(a)(1) (8 U.S.C. 

4 1154(a)(1)), is amended— 

5 (1) in subparagraph (A)(i), by striking ‘‘Any’’ 

6 and inserting ‘‘Except as provided in clause (vii), 

7 any’’; 

8 (2) in subparagraph (A), by inserting after 

9 clause (vi) the following: 

10 ‘‘(vii) Clause (i) shall not apply to a citizen of the 

11 United States who has been convicted of an offense de12 scribed in subparagraph (A), (I), or (K) of section 

13 101(a)(43), unless the Secretary of Homeland Security, 

14 in the Secretary’s sole and unreviewable discretion, deter15 mines that the citizen poses no risk to the alien with re16 spect to whom a petition described in clause (i) is filed.’’; 

17 and 

18 (3) in subparagraph (B)(i)— 

19 (A) by striking ‘‘Any alien’’ and inserting 

20 the following: ‘‘(I) Except as provided in sub21 clause (II), any alien’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(II) Subclause (I) shall not apply in the case of an 

24 alien admitted for permanent residence who has been con25 victed of an offense described in subparagraph (A), (I), 

26 or (K) of section 101(a)(43), unless the Secretary of 


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1 Homeland Security, in the Secretary’s sole and 

2 unreviewable discretion, determines that the alien lawfully 

3 admitted for permanent residence poses no risk to the 

4 alien with respect to whom a petition described in sub5 clause (I) is filed.’’. 

6 (b) NONIMMIGRANTS.—Section 101(a)(15)(K) (8 

7 U.S.C. 1101(a)(15)(K)), is amended by inserting ‘‘(other 

8 than a citizen described in section 204(a)(1)(A)(vii))’’ 

9 after ‘‘citizen of the United States’’ each place that phrase 

10 appears. 

11 SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND 

12 POLITICAL SUBDIVISIONS AND TRANSFER TO 

13 FEDERAL CUSTODY. 

14 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et. seq.) 

15 is amended by adding after section 240C the following new 

16 section: 

17 ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES 

18 AND POLITICAL SUBDIVISIONS AND TRANS19 FER OF ALIENS TO FEDERAL CUSTODY. 

20 ‘‘(a) AUTHORITY.—Notwithstanding any other provi21 sion of law, law enforcement personnel of a State, or a 

22 political subdivision of a State, have the inherent authority 

23 of a sovereign entity to investigate, apprehend, arrest, de24 tain, or transfer to Federal custody (including the trans25 portation across State lines to detention centers) an alien 


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1 for the purpose of assisting in the enforcement of the 

2 criminal provisions of the immigration laws of the United 

3 States in the normal course of carrying out the law en4 forcement duties of such personnel. This State authority 

5 has never been displaced or preempted by a Federal law. 

6 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

7 be construed to require law enforcement personnel of a 

8 State or a political subdivision to assist in the enforcement 

9 of the immigration laws of the United States. 

10 ‘‘(c) TRANSFER.—If the head of a law enforcement 

11 entity of a State (or, if appropriate, a political subdivision 

12 of the State) exercising authority with respect to the ap13 prehension or arrest of an alien submits a request to the 

14 Secretary of Homeland Security that the alien be taken 

15 into Federal custody, the Secretary of Homeland Secu16 rity— 

17 ‘‘(1) shall— 

18 ‘‘(A) deem the request to include the in19 quiry to verify immigration status described in 

20 section 642(c) of the Illegal Immigration Re21 form and Immigrant Responsibility Act of 1996 

22 (8 U.S.C. 1373(c)), and expeditiously inform 

23 the requesting entity whether such individual is 

24 an alien lawfully admitted to the United States 


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1 or is otherwise lawfully present in the United 

2 States; and 

3 ‘‘(B) if the individual is an alien who is not 

4 lawfully admitted to the United States or other5 wise is not lawfully present in the United 

6 States— 

7 ‘‘(i) take the illegal alien into the cus8 tody of the Federal Government not later 

9 than 72 hours after— 

10 ‘‘(I) the conclusion of the State 

11 charging process or dismissal process; 

12 or 

13 ‘‘(II) the illegal alien is appre14 hended, if no State charging or dis15 missal process is required; or 

16 ‘‘(ii) request that the relevant State or 

17 local law enforcement agency temporarily 

18 detain or transport the alien to a location 

19 for transfer to Federal custody; and 

20 ‘‘(2) shall designate at least 1 Federal, State, 

21 or local prison or jail or a private contracted prison 

22 or detention facility within each State as the central 

23 facility for that State to transfer custody of aliens 

24 to the Department of Homeland Security. 

25 ‘‘(d) REIMBURSEMENT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

2 Security shall reimburse a State, or a political sub3 division of a State, for expenses, as verified by the 

4 Secretary, incurred by the State or political subdivi5 sion in the detention and transportation of an alien 

6 as described in subparagraphs (A) and (B) of sub7 section (c)(1). 

8 ‘‘(2) COST COMPUTATION.—Compensation pro9 vided for costs incurred under subparagraphs (A) 

10 and (B) of subsection (c)(1) shall be— 

11 ‘‘(A) the product of— 

12 ‘‘(i) the average daily cost of incarcer13 ation of a prisoner in the relevant State, as 

14 determined by the chief executive officer of 

15 a State (or, as appropriate, a political sub16 division of the State); multiplied by 

17 ‘‘(ii) the number of days that the alien 

18 was in the custody of the State or political 

19 subdivision; plus 

20 ‘‘(B) the cost of transporting the alien 

21 from the point of apprehension or arrest to the 

22 location of detention, and if the location of de23 tention and of custody transfer are different, to 

24 the custody transfer point; plus 


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1 ‘‘(C) the cost of uncompensated emergency 

2 medical care provided to a detained alien during 

3 the period between the time of transmittal of 

4 the request described in subsection (c) and the 

5 time of transfer into Federal custody. 

6 ‘‘(e) REQUIREMENT FOR APPROPRIATE SECURITY.— 

7 The Secretary of Homeland Security shall ensure that— 

8 ‘‘(1) aliens incarcerated in a Federal facility 

9 pursuant to this section are held in facilities which 

10 provide an appropriate level of security; and 

11 ‘‘(2) if practicable, aliens detained solely for 

12 civil violations of Federal immigration law are sepa13 rated within a facility or facilities. 

14 ‘‘(f) REQUIREMENT FOR SCHEDULE.—In carrying 

15 out this section, the Secretary of Homeland Security shall 

16 establish a regular circuit and schedule for the prompt 

17 transportation of apprehended aliens from the custody of 

18 those States, and political subdivisions of States, which 

19 routinely submit requests described in subsection (c), into 

20 Federal custody. 

21 ‘‘(g) AUTHORITY FOR CONTRACTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

23 Security may enter into contracts or cooperative 

24 agreements with appropriate State and local law enVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 forcement and detention agencies to implement this 

2 section. 

3 ‘‘(2) DETERMINATION BY SECRETARY.—Prior 

4 to entering into a contract or cooperative agreement 

5 with a State or political subdivision of a State under 

6 paragraph (1), the Secretary shall determine wheth7 er the State, or if appropriate, the political subdivi8 sion in which the agencies are located, has in place 

9 any formal or informal policy that violates section 

10 642 of the Illegal Immigration Reform and Immi11 grant Responsibility Act of 1996 (8 U.S.C. 1373). 

12 The Secretary shall not allocate any of the funds 

13 made available under this section to any State or po14 litical subdivision that has in place a policy that vio15 lates such section.’’. 

16 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

17 DETENTION AND TRANSPORTATION TO FEDERAL CUS18 TODY OF ALIENS NOT LAWFULLY PRESENT.—There are 

19 authorized to be appropriated $850,000,000 for fiscal year 

20 2007 and each subsequent fiscal year for the detention 

21 and removal of aliens not lawfully present in the United 

22 States under the Immigration and Nationality Act (8 

23 U.S.C. 1101 et. seq.). 


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1 SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS. 

2 Section 1956(c)(7)(D) of title 18, United States 

3 Code, is amended— 

4 (1) by inserting ‘‘section 1590 (relating to traf5 ficking with respect to peonage, slavery, involuntary 

6 servitude, or forced labor),’’ after ‘‘section 1363 (re7 lating to destruction of property within the special 

8 maritime and territorial jurisdiction),’’; and 

9 (2) by inserting ‘‘section 274(a) of the Immi10 gration and Nationality Act (8 U.S.C.1324(a)) (re11 lating to bringing in and harboring certain aliens),’’ 

12 after ‘‘section 590 of the Tariff Act of 1930 (19 

13 U.S.C. 1590) (relating to aviation smuggling),’’. 

14 SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NA15 TIONAL CRIME INFORMATION CENTER DATA16 BASE. 

17 (a) PROVISION OF INFORMATION TO THE NATIONAL

18 CRIME INFORMATION CENTER.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (3), not later than 180 days after the date of 

21 the enactment of this Act, the Secretary shall pro22 vide to the head of the National Crime Information 

23 Center of the Department of Justice the information 

24 that the Secretary has or maintains related to any 

25 alien— 


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1 (A) against whom a final order of removal 

2 has been issued; 

3 (B) who enters into a voluntary departure 

4 agreement, or is granted voluntary departure by 

5 an immigration judge, whose period for depar6 ture has expired under subsection (a)(3) of sec7 tion 240B of the Immigration and Nationality 

8 Act (8 U.S.C. 1229c) (as amended by section 

9 211(a)(1)(C)), subsection (b)(2) of such section 

10 240B, or who has violated a condition of a vol11 untary departure agreement under such section 

12 240B; 

13 (C) whom a Federal immigration officer 

14 has confirmed to be unlawfully present in the 

15 United States; and 

16 (D) whose visa has been revoked. 

17 (2) REMOVAL OF INFORMATION.—The head of 

18 the National Crime Information Center should 

19 promptly remove any information provided by the 

20 Secretary under paragraph (1) related to an alien 

21 who is granted lawful authority to enter or remain 

22 legally in the United States. 

23 (3) PROCEDURE FOR REMOVAL OF ERRONEOUS

24 INFORMATION.—The Secretary, in consultation with 

25 the head of the National Crime Information Center 


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1 of the Department of Justice, shall develop and im2 plement a procedure by which an alien may petition 

3 the Secretary or head of the National Crime Infor4 mation Center, as appropriate, to remove any erro5 neous information provided by the Secretary under 

6 paragraph (1) related to such alien. Under such pro7 cedures, failure by the alien to receive notice of a 

8 violation of the immigration laws shall not constitute 

9 cause for removing information provided by the Sec10 retary under paragraph (1) related to such alien, un11 less such information is erroneous. Notwithstanding 

12 the 180-day time period set forth in paragraph (1), 

13 the Secretary shall not provide the information re14 quired under paragraph (1) until the procedures re15 quired by this paragraph are developed and imple16 mented. 

17 (b) INCLUSION OF INFORMATION IN THE NATIONAL

18 CRIME INFORMATION CENTER DATABASE.—Section 

19 534(a) of title 28, United States Code, is amended— 

20 (1) in paragraph (3), by striking ‘‘and’’ at the 

21 end; 

22 (2) by redesignating paragraph (4) as para23 graph (5); and 

24 (3) by inserting after paragraph (3) the fol25 lowing new paragraph: 


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1 ‘‘(4) acquire, collect, classify, and preserve 

2 records of violations of the immigration laws of the 

3 United States; and’’. 

4 SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS. 

5 Not later than 2 years after the date of the enact6 ment of this Act, the Secretary shall negotiate and exe7 cute, where practicable, a cooperative enforcement agree8 ment described in section 287(g) of the Immigration and 

9 Nationality Act (8 U.S.C. 1357(g)) with at least 1 law 

10 enforcement agency in each State, to train law enforce11 ment officers in the detection and apprehension of individ12 uals engaged in transporting, harboring, sheltering, or en13 couraging aliens in violation of section 274 of such Act 

14 (8 U.S.C. 1324). 

15 SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND 

16 THE UTILIZATION OF FACILITIES IDENTIFIED 

17 FOR CLOSURES AS A RESULT OF THE DE18 FENSE BASE CLOSURE REALIGNMENT ACT 

19 OF 1990. 

20 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

21 FACILITIES.— 

22 (1) IN GENERAL.—The Secretary shall con23 struct or acquire, in addition to existing facilities for 

24 the detention of aliens, 20 detention facilities in the 

25 United States that have the capacity to detain a 


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1 combined total of not less than 10,000 individuals at 

2 any time for aliens detained pending removal or a 

3 decision on removal of such aliens from the United 

4 States. 

5 (2) DETERMINATION OF LOCATION.—The loca6 tion of any detention facility built or acquired in ac7 cordance with this subsection shall be determined 

8 with the concurrence of the Secretary by the senior 

9 officer responsible for Detention and Removal Oper10 ations in the Department. The detention facilities 

11 shall be located so as to enable the officers and em12 ployees of the Department to increase to the max13 imum extent practicable the annual rate and level of 

14 removals of illegal aliens from the United States. 

15 (3) USE OF INSTALLATIONS UNDER BASE CLO16 SURE LAWS.—In acquiring detention facilities under 

17 this subsection, the Secretary shall consider the 

18 transfer of appropriate portions of military installa19 tions approved for closure or realignment under the 

20 Defense Base Closure and Realignment Act of 1990 

21 (part A of title XXIX of Public Law 101–510; 10 

22 U.S.C. 2687 note) for use in accordance with para23 graph (1). 


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by 

3 striking ‘‘may expend’’ and inserting ‘‘shall expend’’. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be 

6 necessary to carry out this section. 

7 SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF 

8 INDIVIDUALS CHARGED WITH FEDERAL OF9 FENSES. 

10 (a) RESPONSIBILITY OF UNITED STATES ATTOR11 NEYS.—Beginning not later than 2 years after the date 

12 of the enactment of this Act, the office of the United 

13 States Attorney that is prosecuting a criminal case in a 

14 Federal court— 

15 (1) shall determine, not later than 30 days 

16 after filing the initial pleadings in the case, whether 

17 each defendant in the case is lawfully present in the 

18 United States (subject to subsequent legal pro19 ceedings to determine otherwise); 

20 (2)(A) if the defendant is determined to be an 

21 alien lawfully present in the United States, shall no22 tify the court in writing of the determination and 

23 the current status of the alien under the Immigra24 tion and Nationality Act (8 U.S.C. 1101 et seq.); 

25 and 


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1 (B) if the defendant is determined not to be 

2 lawfully present in the United States, shall notify 

3 the court in writing of the determination, the de4 fendant’s alien status, and, to the extent possible, 

5 the country of origin or legal residence of the de6 fendant; and 

7 (3) ensure that the information described in 

8 paragraph (2) is included in the case file and the 

9 criminal records system of the office of the United 

10 States attorney. 

11 (b) GUIDELINES.—A determination made under sub12 section (a)(1) shall be made in accordance with guidelines 

13 of the Executive Office for Immigration Review of the De14 partment of Justice. 

15 (c) RESPONSIBILITIES OF FEDERAL COURTS.— 

16 (1) MODIFICATIONS OF RECORDS AND CASE

17 MANAGEMENTS SYSTEMS.—Not later than 2 years 

18 after the date of the enactment of this Act, all Fed19 eral courts that hear criminal cases, or appeals of 

20 criminal cases, shall modify their criminal records 

21 and case management systems, in accordance with 

22 guidelines which the Director of the Administrative 

23 Office of the United States Courts shall establish, so 

24 as to enable accurate reporting of information de25 scribed in subsection (a)(2). 


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1 (2) DATA ENTRIES.—Beginning not later than 

2 2 years after the date of the enactment of this Act, 

3 each Federal court described in paragraph (1) shall 

4 enter into its electronic records the information con5 tained in each notification to the court under sub6 section (a)(2). 

7 (d) CONSTRUCTION.—Nothing in this section may be 

8 construed to provide a basis for admitting evidence to a 

9 jury or releasing information to the public regarding an 

10 alien’s immigration status. 

11 (e) ANNUAL REPORT TO CONGRESS.—The Director 

12 of the Administrative Office of the United States Courts 

13 shall include, in the annual report filed with Congress 

14 under section 604 of title 28, United States Code— 

15 (1) statistical information on criminal trials of 

16 aliens in the courts and criminal convictions of 

17 aliens in the lower courts and upheld on appeal, in18 cluding the type of crime in each case and including 

19 information on the legal status of the aliens; and 

20 (2) recommendations on whether additional 

21 court resources are needed to accommodate the vol22 ume of criminal cases brought against aliens in the 

23 Federal courts. 

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated for each of fiscal years 


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1 2007 through 2011, such sums as may be necessary to 

2 carry out this Act. Funds appropriated pursuant to this 

3 subsection in any fiscal year shall remain available until 

4 expended. 

5 TITLE III—UNLAWFUL 

6 EMPLOYMENT OF ALIENS 

7 SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. 

8 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 

9 is amended to read as follows: 

10 ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. 

11 ‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED

12 ALIENS UNLAWFUL.— 

13 ‘‘(1) IN GENERAL.—It is unlawful for an em14 ployer— 

15 ‘‘(A) to hire, or to recruit or refer for a 

16 fee, an alien for employment in the United 

17 States knowing, or with reckless disregard, that 

18 the alien is an unauthorized alien with respect 

19 to such employment; or 

20 ‘‘(B) to hire, or to recruit or refer for a 

21 fee, for employment in the United States an in22 dividual unless such employer meets the re23 quirements of subsections (c) and (d). 

24 ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw25 ful for an employer, after lawfully hiring an alien for 


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1 employment, to continue to employ the alien in the 

2 United States knowing that the alien is (or has be3 come) an unauthorized alien with respect to such 

4 employment. 

5 ‘‘(3) USE OF LABOR THROUGH CONTRACT.— 

6 Any employer who uses a contract, subcontract, or 

7 exchange to obtain the labor of an alien in the 

8 United States knowing that the alien is an unau9 thorized alien with respect to performing such labor 

10 shall be considered to have hired the alien for em11 ployment in the united States in violation of para12 graph (1)(A). Any employer who uses a contract, 

13 subcontract, or exchange to obtain the labor of a 

14 person in the United States shall be in violation of 

15 paragraph (1)(B) unless— 

16 ‘‘(A) the employer includes in the contract 

17 or subcontract or other binding agreement a re18 quirement that the person hiring the alien shall 

19 comply with this section and keep records nec20 essary to demonstrate compliance with this sec21 tion; and 

22 ‘‘(B) the employer exercises reasonable 

23 diligence to ensure that person complies with 

24 this section. 

25 ‘‘(4) DEFENSE.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), an employer that establishes that 

3 the employer has complied in good faith with 

4 the requirements of subsections (c) and (d) has 

5 established an affirmative defense that the em6 ployer has not violated paragraph (1)(A) with 

7 respect to such hiring, recruiting, or referral. 

8 ‘‘(B) EXCEPTION.—Until the date that an 

9 employer is required to participate in the Elec10 tronic Employment Verification System under 

11 subsection (d) or is permitted to participate in 

12 such System on a voluntary basis, the employer 

13 may establish an affirmative defense under sub14 paragraph (A) by complying with the require15 ments of subsection (c). 

16 ‘‘(b) ORDER OF INTERNAL REVIEW AND CERTIFI17 CATION OF COMPLIANCE.— 

18 ‘‘(1) AUTHORITY TO REQUIRE CERTIFI19 CATION.—If the Secretary has reasonable cause to 

20 believe that an employer has failed to comply with 

21 this section, the Secretary is authorized, at any time, 

22 to require that the employer certify that the em23 ployer is in compliance with this section, or has in24 stituted a program to come into compliance. 


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1 ‘‘(2) CONTENT OF CERTIFICATION.—Not later 

2 than 60 days after the date an employer receives a 

3 request for a certification under paragraph (1) the 

4 chief executive officer or similar official of the em5 ployer shall certify under penalty of perjury that— 

6 ‘‘(A) the employer is in compliance with 

7 the requirements of subsections (c) and (d); or 

8 ‘‘(B) that the employer has instituted a 

9 program to come into compliance with such re10 quirements. 

11 ‘‘(3) EXTENSION.—The 60-day period referred 

12 to in paragraph (2), may be extended by the Sec13 retary for good cause, at the request of the em14 ployer. 

15 ‘‘(4) PUBLICATION.—The Secretary is author16 ized to publish in the Federal Register standards or 

17 methods for certification and for specific record 

18 keeping practices with respect to such certification, 

19 and procedures for the audit of any records related 

20 to such certification. 

21 ‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 

22 An employer hiring, or recruiting or referring for a fee, 

23 an individual for employment in the United States shall 

24 verify that the individual is eligible for such employment 


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1 by meeting the requirements of subsection (d) and the fol2 lowing paragraphs: 

3 ‘‘(1) ATTESTATION BY EMPLOYER.— 

4 ‘‘(A) REQUIREMENTS.— 

5 ‘‘(i) IN GENERAL.—The employer 

6 shall attest, under penalty of perjury and 

7 on a form prescribed by the Secretary, that 

8 the employer has verified the identity and 

9 eligibility for employment of the individual 

10 by examining— 

11 ‘‘(I) a document described in 

12 subparagraph (B); or 

13 ‘‘(II) a document described in 

14 subparagraph (C) and a document de15 scribed in subparagraph (D). 

16 ‘‘(ii) SIGNATURE REQUIREMENTS.— 

17 An attestation required by clause (i) may 

18 be manifested by a handwritten or elec19 tronic signature. 

20 ‘‘(iii) STANDARDS FOR EXAMINA21 TION.—An employer has complied with the 

22 requirement of this paragraph with respect 

23 to examination of documentation if, based 

24 on the totality of the circumstances, a rea25 sonable person would conclude that the 


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1 document examined is genuine and estab2 lishes the individual’s identity and eligi3 bility for employment in the United States. 

4 ‘‘(iv) REGISTRATION OF EMPLOY5 ERS.—An employer shall register the em6 ployer’s participation in the System in the 

7 manner prescribed by the Secretary prior 

8 to the date the employer is required or per9 mitted to submit information with respect 

10 to an employee under paragraph (3) or (4) 

11 of subsection (d). 

12 ‘‘(v) REQUIREMENTS FOR EMPLOY13 MENT ELIGIBILITY SYSTEM PARTICI14 PANTS.—A participant in the Electronic 

15 Employment Verification System estab16 lished under subsection (d), regardless of 

17 whether such participation is voluntary or 

18 mandatory, shall be permitted to utilize 

19 any technology that is consistent with this 

20 section and with any regulation or guid21 ance from the Secretary to streamline the 

22 procedures to comply with the attestation 

23 requirement, and to comply with the em24 ployment eligibility verification require25 ments contained in this section. 


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1 ‘‘(B) DOCUMENTS ESTABLISHING BOTH

2 EMPLOYMENT ELIGIBILITY AND IDENTITY.—A 

3 document described in this subparagraph is an 

4 individual’s— 

5 ‘‘(i) United States passport; or 

6 ‘‘(ii) permanent resident card or other 

7 document designated by the Secretary, if 

8 the document— 

9 ‘‘(I) contains a photograph of the 

10 individual and such other personal 

11 identifying information relating to the 

12 individual that the Secretary pro13 scribes in regulations is sufficient for 

14 the purposes of this subparagraph; 

15 ‘‘(II) is evidence of eligibility for 

16 employment in the United States; and 

17 ‘‘(III) contains security features 

18 to make the document resistant to 

19 tampering, counterfeiting, and fraudu20 lent use. 

21 ‘‘(C) DOCUMENTS EVIDENCING EMPLOY22 MENT ELIGIBILITY.—A document described in 

23 this subparagraph is an individual’s social secu24 rity account number card issued by the Com25 missioner of Social Security (other than a card 


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1 which bears the legend ‘not valid for employ2 ment’ or ‘valid for work only with DHS author3 ization’). 

4 ‘‘(D) DOCUMENTS ESTABLISHING IDEN5 TITY OF INDIVIDUAL.—A document described in 

6 this subparagraph is an individual’s— 

7 ‘‘(i) driver’s license or identity card 

8 issued by a State, the Commonwealth of 

9 the Northern Mariana Islands, or an out10 lying possession of the United States that 

11 satisfies the requirements of the REAL ID 

12 Act of 2005 (division B of Public Law 

13 109–13; 119 Stat. 302); 

14 ‘‘(ii) employee identification card 

15 issued by a Federal agency or department, 

16 including a branch of the Armed Forces, 

17 or an agency or department of a State, or 

18 a Native American tribal document, pro19 vided that such card or document— 

20 ‘‘(I) contains the individual’s 

21 photograph or information including 

22 the individual’s name, date of birth, 

23 gender, eye color, and address; and 

24 ‘‘(II) contains security features 

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1 pering, counterfeiting, and fraudulent 

2 use; or 

3 ‘‘(iii) in the case of an individual who 

4 is unable to obtain a document described 

5 in clause (i) or (ii), a document of personal 

6 identity of such other type that— 

7 ‘‘(I) the Secretary determines is 

8 a reliable means of identification; 

9 ‘‘(II) contains the individual’s 

10 photograph or information including 

11 the individual’s name, date of birth, 

12 gender, and address; and 

13 ‘‘(III) contains security features 

14 to make the document resistant to 

15 tampering, counterfeiting, and fraudu16 lent use. 

17 ‘‘(E) AUTHORITY TO PROHIBIT USE OF

18 CERTAIN DOCUMENTS.— 

19 ‘‘(i) AUTHORITY.—If the Secretary 

20 finds that a document or class of docu21 ments described in subparagraph (B), (C), 

22 or (D) is not reliable to establish identity 

23 or eligibility for employment (as the case 

24 may be) or is being used fraudulently to an 

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1 thorized to prohibit, or impose conditions, 

2 on the use of such document or class of 

3 documents for purposes of this subsection. 

4 ‘‘(ii) REQUIREMENT FOR PUBLICA5 TION.—The Secretary shall publish notice 

6 of any findings under clause (i) in the Fed7 eral Register. 

8 ‘‘(2) ATTESTATION OF EMPLOYEE.— 

9 ‘‘(A) REQUIREMENTS.— 

10 ‘‘(i) IN GENERAL.—The individual 

11 shall attest, under penalty of perjury on 

12 the form prescribed by the Secretary, that 

13 the individual is a national of the United 

14 States, an alien lawfully admitted for per15 manent residence, or an alien who is au16 thorized under this Act or by the Secretary 

17 to be hired, or to be recruited or referred 

18 for a fee, in the United States. 

19 ‘‘(ii) SIGNATURE FOR EXAMINA20 TION.—An attestation required by clause 

21 (i) may be manifested by a handwritten or 

22 electronic signature. 

23 ‘‘(B) PENALTIES.—An individual who 

24 falsely represents that the individual is eligible 

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1 testation required by subparagraph (A) shall, 

2 for each such violation, be subject to a fine of 

3 not more than $5,000, a term of imprisonment 

4 not to exceed 3 years, or both. 

5 ‘‘(3) RETENTION OF ATTESTATION.—An em6 ployer shall retain a paper, microfiche, microfilm, or 

7 electronic version of an attestation submitted under 

8 paragraph (1) or (2) for an individual and make 

9 such attestations available for inspection by an offi10 cer of the Department of Homeland Security, any 

11 other person designated by the Secretary, the Spe12 cial Counsel for Immigration-Related Unfair Em13 ployment Practices of the Department of Justice, or 

14 the Secretary of Labor during a period beginning on 

15 the date of the hiring, or recruiting or referring for 

16 a fee, of the individual and ending— 

17 ‘‘(A) in the case of the recruiting or refer18 ral for a fee (without hiring) of an individual, 

19 7 years after the date of the recruiting or refer20 ral; or 

21 ‘‘(B) in the case of the hiring of an indi22 vidual the later of— 

23 ‘‘(i) 7 years after the date of such hir24 ing; 


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1 ‘‘(ii) 1 year after the date the individ2 ual’s employment is terminated; or 

3 ‘‘(iii) in the case of an employer or 

4 class of employers, a period that is less 

5 than the applicable period described in 

6 clause (i) or (ii) if the Secretary reduces 

7 such period for such employer or class of 

8 employers. 

9 ‘‘(4) DOCUMENT RETENTION AND RECORD10 KEEPING REQUIREMENTS.— 

11 ‘‘(A) RETENTION OF DOCUMENTS.—An 

12 employer shall retain, for the applicable period 

13 described in paragraph (3), the following docu14 ments: 

15 ‘‘(i) IN GENERAL.—Notwithstanding 

16 any other provision of law, the employer 

17 shall copy all documents presented by an 

18 individual pursuant to this subsection and 

19 shall retain paper, microfiche, microfilm, 

20 or electronic copies of such documents. 

21 Such copies shall be designated as copied 

22 documents and reflect the signature of the 

23 employer and the individual and the date 

24 of receipt of such documents. 


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1 ‘‘(ii) USE OF RETAINED DOCU2 MENTS.—An employer shall use copies re3 tained under clause (i) only for the pur4 poses of complying with the requirements 

5 of this subsection, except as otherwise per6 mitted under law. 

7 ‘‘(B) RETENTION OF CLARIFICATION DOC8 UMENTS.—The employer shall maintain records 

9 of any actions and copies of any correspondence 

10 or action taken by the employer to clarify or re11 solve any issue that raises reasonable doubt as 

12 to the validity of the individual’s identity or eli13 gibility for employment in the United States. 

14 ‘‘(5) PENALTIES.—An employer that fails to 

15 comply with the requirement of this subsection shall 

16 be subject to the penalties described in subsection 

17 (e)(4)(B). 

18 ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI19 FICATION CARDS.—Nothing in this section may be 

20 construed to authorize, directly or indirectly, the 

21 issuance, use, or establishment of a national identi22 fication card. 

23 ‘‘(d) ELECTRONIC EMPLOYMENT VERIFICATION SYS24 TEM.— 


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1 ‘‘(1) REQUIREMENT FOR SYSTEM.—The Sec2 retary, in cooperation with the Commissioner of So3 cial Security, shall implement an Electronic Employ4 ment Verification System (referred to in this sub5 section as the ‘System’) as described in this sub6 section. 

7 ‘‘(2) MANAGEMENT OF SYSTEM.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall, 

9 through the System— 

10 ‘‘(i) provide a response to an inquiry 

11 made by an employer through the Internet 

12 or other electronic media or over a tele13 phone line regarding an individual’s iden14 tity and eligibility for employment in the 

15 United States; 

16 ‘‘(ii) establish a set of codes to be pro17 vided through the System to verify such 

18 identity and authorization; and 

19 ‘‘(iii) maintain a record of each such 

20 inquiry and the information and codes pro21 vided in response to such inquiry. 

22 ‘‘(B) INITIAL RESPONSE.—Not later than 

23 3 days after an employer submits an inquiry to 

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1 retary shall provide, through the System, to the 

2 employer— 

3 ‘‘(i) if the System is able to confirm 

4 the individual’s identity and eligibility for 

5 employment in the United States, a con6 firmation notice, including the appropriate 

7 codes on such confirmation notice; or 

8 ‘‘(ii) if the System is unable to con9 firm the individual’s identity or eligibility 

10 for employment in the United States, a 

11 tentative nonconfirmation notice, including 

12 the appropriate codes for such noncon13 firmation notice. 

14 ‘‘(C) VERIFICATION PROCESS IN CASE OF A

15 TENTATIVE NONCONFIRMATION NOTICE.— 

16 ‘‘(i) IN GENERAL.—If a tentative non17 confirmation notice is issued under sub18 paragraph (B)(ii), not later than 10 busi19 ness days after the date an individual sub20 mits information to contest such notice 

21 under paragraph (7)(C)(ii)(III), the Sec22 retary, through the System, shall issue a 

23 final confirmation notice or a final noncon24 firmation notice to the employer, including 

25 the appropriate codes for such notice. 


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1 ‘‘(ii) EXTENSION OF TIME.—The Sec2 retary, in consultation with the Commis3 sioner of Social Security, may extend the 

4 10-day period described in clause (i) for no 

5 more than 180 days if the information 

6 needed to resolve an initial negative re7 sponse cannot be obtained by or submitted 

8 to the Secretary or the Commissioner and 

9 verified or entered into the System within 

10 such 10-day period. 

11 ‘‘(iii) AUTOMATIC EXTENSION.—If the 

12 most recent previous report submitted by 

13 the Comptroller General of the United 

14 States under paragraph (12) includes an 

15 assessment that the System is not able to 

16 issue, during a period that averages 10 

17 days or less, a final notice in at least 99 

18 percent of the cases in which the notice re19 lates to an individual who is eligible for 

20 employment in the United States, the Sec21 retary shall automatically extend the 10- 

22 day period referred to in clause (i) to a pe23 riod of not less than 180 days. 

24 ‘‘(iv) DEVELOPMENT OF PROCESS.— 

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1 missioner of Social Security to develop a 

2 verification process to be used to provide a 

3 final confirmation notice or a final noncon4 firmation notice under clause (i). 

5 ‘‘(D) DESIGN AND OPERATION OF SYS6 TEM.—The Secretary, in consultation with the 

7 Commissioner of Social Security, shall design 

8 and operate the System— 

9 ‘‘(i) to maximize reliability and ease of 

10 use by employers in a manner that pro11 tects and maintains the privacy and secu12 rity of the information maintained in the 

13 System; 

14 ‘‘(ii) to respond to each inquiry made 

15 by an employer; 

16 ‘‘(iii) to track and record any occur17 rence when the System is inoperable; 

18 ‘‘(iv) to include appropriate adminis19 trative, technical, and physical safeguards 

20 to prevent unauthorized disclosure of per21 sonal information; 

22 ‘‘(v) to allow for monitoring of the use 

23 of the System and provide an audit capa24 bility; 


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•S 2611 PCS

1 ‘‘(vi) to have reasonable safeguards, 

2 developed in consultation with the Attorney 

3 General, to prevent employers from using 

4 the System to engage in unlawful discrimi5 natory practices, based on national origin 

6 or citizenship status; and 

7 ‘‘(vii) to establish a process to allow 

8 an individual to verify the individual’s em9 ployment eligibility prior to obtaining or 

10 changing employment to facilitate the up11 dating and correction of information used 

12 by the System. 

13 ‘‘(E) RESPONSIBILITIES OF THE COMMIS14 SIONER OF SOCIAL SECURITY.—The responsibil15 ities of the Commissioner of Social Security 

16 with respect to the System are set out in sec17 tion 205(c)(2) of the Social Security Act. 

18 ‘‘(F) RESPONSIBILITIES OF THE SEC19 RETARY.—The Secretary shall establish a reli20 able, secure method to provide through the Sys21 tem, within the time periods required by sub22 paragraphs (B) and (C)— 

23 ‘‘(i) a determination of whether the 

24 name and alien identification or authoriza25 tion number provided in an inquiry by an 


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1 employer is consistent with such informa2 tion maintained by the Secretary in order 

3 to confirm the validity of the information 

4 provided; 

5 ‘‘(ii) a determination of whether such 

6 number was issued to the named indi7 vidual; 

8 ‘‘(iii) a determination of whether the 

9 individual is authorized to be employed in 

10 the United States; and 

11 ‘‘(iv) any other related information 

12 that the Secretary may require. 

13 ‘‘(G) UPDATING INFORMATION.—The Sec14 retary shall update the information maintained 

15 in the System in a manner that promotes max16 imum accuracy and shall provide a process for 

17 the prompt correction of erroneous information. 

18 ‘‘(3) REQUIREMENTS FOR PARTICIPATION.— 

19 Except as provided in paragraph (4), the Secretary 

20 shall require employers to participate in the System 

21 as follows: 

22 ‘‘(A) CRITICAL EMPLOYERS.—As of the 

23 date that is 180 days after the date of the en24 actment of the Comprehensive Immigration Re25 form Act of 2006, the Secretary may require 


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1 any employer or class of employers to partici2 pate in the System with respect to employees 

3 hired prior to, on, or after such date of enact4 ment if the Secretary designates such employer 

5 or class of employers, in the Secretary’s sole 

6 and unreviewable discretion, as a critical em7 ployer based on critical infrastructure, national 

8 security, or homeland security needs. 

9 ‘‘(B) REMAINING EMPLOYERS.—The Sec10 retary shall require all employers in the United 

11 States to participate in the System, with re12 spect to all employees hired by the employer on 

13 or after the date that is 18 months after the 

14 date that funds are appropriated and made 

15 available to the Secretary to implement this 

16 subsection. 

17 ‘‘(4) OTHER PARTICIPATION IN SYSTEM.—Not18 withstanding paragraph (3), the Secretary has the 

19 authority, in the Secretary’s sole and unreviewable 

20 discretion— 

21 ‘‘(A) to permit any employer that is not re22 quired to participate in the System under para23 graph (3) to participate in the System on a vol24 untary basis; and 


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1 ‘‘(B) to require any employer that is re2 quired to participate in the System under para3 graph (3) with respect to newly hired employees 

4 to participate in the System with respect to all 

5 employees hired by the employer prior to, on, or 

6 after the date of the enactment of the Com7 prehensive Immigration Reform Act of 2006, if 

8 the Secretary has reasonable causes to believe 

9 that the employer has engaged in violations of 

10 the immigration laws. 

11 ‘‘(5) REQUIREMENT TO PUBLISH.—The Sec12 retary shall publish in the Federal Register the re13 quirements for participation in the System as de14 scribed in paragraphs (3) and (4) prior to the effec15 tive date of such requirements. 

16 ‘‘(6) CONSEQUENCE OF FAILURE TO PARTICI17 PATE.—If an employer is required to participate in 

18 the System and fails to comply with the require19 ments of the System with respect to an individual— 

20 ‘‘(A) such failure shall be treated as a vio21 lation of subsection (a)(1)(B) of this section 

22 with respect to such individual; and 

23 ‘‘(B) a rebuttable presumption is created 

24 that the employer has violated subsection 

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1 sumption may not apply to a prosecution under 

2 subsection (f)(1). 

3 ‘‘(7) SYSTEM REQUIREMENTS.— 

4 ‘‘(A) IN GENERAL.—An employer that par5 ticipates in the System shall, with respect to the 

6 hiring, or recruiting or referring for a fee, any 

7 individual for employment in the United States, 

8 shall— 

9 ‘‘(i) obtain from the individual and 

10 record on the form designated by the Sec11 retary— 

12 ‘‘(I) the individual’s name and 

13 date of birth; 

14 ‘‘(II) the individual’s social secu15 rity account number; and 

16 ‘‘(III) in the case of an individual 

17 who does not attest that the indi18 vidual is a national of the United 

19 States under subsection (c)(2), such 

20 alien identification or authorization 

21 number that the Secretary shall re22 quire; 

23 ‘‘(ii) retain the original of such form 

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1 tion for the periods and in the manner de2 scribed in subsection (c)(3). 

3 ‘‘(B) INITIAL INQUIRY.—The employer 

4 shall submit an inquiry through the System to 

5 seek confirmation of the individual’s identity 

6 and eligibility for employment in the United 

7 States— 

8 ‘‘(i) not later than 3 working days (or 

9 such other reasonable time as may be spec10 ified by the Secretary of Homeland Secu11 rity) after the date of the hiring, or re12 cruiting or referring for a fee, of the indi13 vidual (as the case may be); or 

14 ‘‘(ii) in the case of an employee hired 

15 prior to the date of enactment of the Com16 prehensive Immigration Reform Act of 

17 2006, at such time as the Secretary shall 

18 specify. 

19 ‘‘(C) CONFIRMATION OR NONCONFIRMA20 TION.— 

21 ‘‘(i) CONFIRMATION UPON INITIAL IN22 QUIRY.—If an employer receives a con23 firmation notice under paragraph (2)(B)(i) 

24 for an individual, the employer shall 

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1 retary, the appropriate code provided in 

2 such notice. 

3 ‘‘(ii) NONCONFIRMATION AND

4 VERIFICATION.— 

5 ‘‘(I) NONCONFIRMATION.—If an 

6 employer receives a tentative noncon7 firmation notice under paragraph 

8 (2)(B)(ii) for an individual, the em9 ployer shall inform such individual of 

10 the issuances of such notice in writing 

11 and shall provide the individual with 

12 detailed information about the right 

13 to contest the tentative nonconfirma14 tion and the procedures established by 

15 the Secretary and the Commissioner 

16 of Social Security for contesting such 

17 nonconfirmation. 

18 ‘‘(II) NO CONTEST.—If the indi19 vidual does not contest the tentative 

20 nonconfirmation notice under sub21 clause (I) within 10 business days of 

22 receiving notice from the individual’s 

23 employer, the notice shall become final 

24 and the employer shall record on the 

25 form specified by the Secretary, the 


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1 appropriate code provided in the non2 confirmation notice. 

3 ‘‘(III) CONTEST.—If the indi4 vidual contests the tentative noncon5 firmation notice under subclause (I), 

6 the individual shall submit appro7 priate information to contest such no8 tice under procedures prescribed by 

9 the Secretary, in consultation with the 

10 Commissioners of Social Security, not 

11 later than 10 business days after re12 ceiving the notice from the individ13 ual’s employer and shall utilize the 

14 verification process developed under 

15 paragraph (2)(C)(iii). 

16 ‘‘(IV) EFFECTIVE PERIOD OF

17 TENTATIVE NONCONFIRMATION.—A 

18 tentative nonconfirmation notice shall 

19 remain in effect until such notice be20 comes final under clause (II) or a 

21 final confirmation notice or final non22 confirmation notice is issued by the 

23 System. 

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1 minate the employment of an indi2 vidual based on a tentative noncon3 firmation notice until such notice be4 comes final under clause (II) or a 

5 final nonconfirmation notice is issued 

6 for the individual by the System. 

7 Nothing in this clause shall apply to a 

8 termination of employment for any 

9 reason other than such tentative non10 confirmation. 

11 ‘‘(VI) RECORDING OF CONCLU12 SION ON FORM.—If a final confirma13 tion or nonconfirmation is provided by 

14 the System regarding an individual, 

15 the employer shall record on the form 

16 designated by the Secretary the ap17 propriate code that is provided under 

18 the System to indicate a confirmation 

19 or nonconfirmation of the identity and 

20 employment eligibility of the indi21 vidual. 

22 ‘‘(D) CONSEQUENCES OF NONCONFIRMA23 TION.—If the employer has received a final 

24 nonconfirmation regarding an individual, the 

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1 cruitment, or referral of the individual. Such 

2 employer shall provide to the Secretary any in3 formation relating to the individual that the 

4 Secretary determines would assist the Secretary 

5 in enforcing or administering the immigration 

6 laws. If the employer continues to employ, re7 cruit, or refer the individual after receiving 

8 final nonconfirmation, a rebuttable presumption 

9 is created that the employer has violated sub10 sections (a)(1)(A) and (a)(2). Such presump11 tion may not apply to a prosecution under sub12 section (f)(1). 

13 ‘‘(8) CONSTRUCTION.—Nothing in this section 

14 shall be construed to limit the right of an individual 

15 who claims to be a national of the United States to 

16 pursue that claim as provided for in section 360(a). 

17 ‘‘(9) PROTECTION FROM LIABILITY.—No em18 ployer that participates in the System shall be liable 

19 under any law for any employment-related action 

20 taken with respect to an individual in good faith reli21 ance on information provided by the System. 

22 ‘‘(10) LIMITATION ON USE OF THE SYSTEM.— 

23 Notwithstanding any other provision of law, nothing 

24 in this subsection shall be construed to permit or 

25 allow any department, bureau, or other agency of 


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1 the United States to utilize any information, data2 base, or other records used in the System for any 

3 purpose other than as provided for under any provi4 sion of law. 

5 ‘‘(11) MODIFICATION AUTHORITY.—The Sec6 retary, after notice is submitted to Congress and 

7 provided to the public in the Federal Register, is au8 thorized to modify the requirements of this sub9 section with respect to completion of forms, method 

10 of storage, attestations, copying of documents, sig11 natures, methods of transmitting information, and 

12 other operational and technical aspects to improve 

13 the efficiency, accuracy, and security of the System. 

14 ‘‘(12) ANNUAL GAO STUDY AND REPORT.— 

15 ‘‘(A) REQUIREMENT.—The Comptroller 

16 General of the United States shall conduct an 

17 annual study of the System. 

18 ‘‘(B) PURPOSE.—The study shall evaluate 

19 the accuracy, integrity, and impact of the Sys20 tem. 

21 ‘‘(C) REPORT.—Not later than 12 months 

22 after the date of the enactment of the Initial 

23 Entry, Adjustment, and Citizenship Assistance 

24 Grant Act of 2006, and annually thereafter, the 

25 Comptroller General shall submit to Congress a 


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1 report containing the findings of the study car2 ried out under this paragraph. Such report 

3 shall include, at a minimum, the following: 

4 ‘‘(i) An assessment of System per5 formance with respect to the rate at which 

6 individuals who are eligible for employment 

7 in the United States are correctly approved 

8 within 10 days, including the assessment 

9 described in paragraph (2)(C)(iii). 

10 ‘‘(ii) An assessment of the privacy and 

11 security of the System and its impact on 

12 identity fraud or the misuse of personal 

13 data. 

14 ‘‘(iii) An assessment of the impact of 

15 the System on the employment of unau16 thorized aliens and employment discrimina17 tion based on national origin or citizenship. 

18 ‘‘(e) COMPLIANCE.— 

19 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

20 Secretary shall establish procedures— 

21 ‘‘(A) for individuals and entities to file 

22 complaints regarding potential violations of sub23 section (a); 


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1 ‘‘(B) for the investigation of such com2 plaints that the Secretary determines are ap3 propriate to investigate; and 

4 ‘‘(C) for the investigation of other viola5 tions of subsection (a) that the Secretary deter6 mines are appropriate. 

7 ‘‘(2) AUTHORITY IN INVESTIGATIONS.— 

8 ‘‘(A) IN GENERAL.—In conducting inves9 tigations and hearings under this subsection, of10 ficers and employees of the Department of 

11 Homeland Security— 

12 ‘‘(i) shall have reasonable access to 

13 examine evidence of any employer being in14 vestigated; and 

15 ‘‘(ii) if designated by the Secretary, 

16 may compel by subpoena the attendance of 

17 witnesses and the production of evidence at 

18 any designated place in an investigation or 

19 case under this subsection. 

20 ‘‘(B) FAILURE TO COOPERATE.—In case of 

21 refusal to obey a subpoena lawfully issued 

22 under subparagraph (A)(ii), the Secretary may 

23 request that the Attorney General apply in an 

24 appropriate district court of the United States 

25 for an order requiring compliance with such 


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1 subpoena, and any failure to obey such order 

2 may be punished by such court as contempt. 

3 ‘‘(C) DEPARTMENT OF LABOR.—The Sec4 retary of Labor shall have the investigative au5 thority provided under section 11(a) of the Fair 

6 Labor Standards Act of 1938 (29 U.S.C. 

7 211(a)) to ensure compliance with the provi8 sions of this section. 

9 ‘‘(3) COMPLIANCE PROCEDURES.— 

10 ‘‘(A) PREPENALTY NOTICE.—If the Sec11 retary has reasonable cause to believe that 

12 there has been a violation of a requirement of 

13 this section and determines that further pro14 ceedings related to such violation are war15 ranted, the Secretary shall issue to the em16 ployer concerned a written notice of the Sec17 retary’s intention to issue a claim for a fine or 

18 other penalty. Such notice shall— 

19 ‘‘(i) describe the violation; 

20 ‘‘(ii) specify the laws and regulations 

21 allegedly violated; 

22 ‘‘(iii) disclose the material facts which 

23 establish the alleged violation; and 

24 ‘‘(iv) inform such employer that the 

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1 tunity to make representations as to why a 

2 claim for a monetary or other penalty 

3 should not be imposed. 

4 ‘‘(B) REMISSION OR MITIGATION OF PEN5 ALTIES.— 

6 ‘‘(i) PETITION BY EMPLOYER.—When7 ever any employer receives written notice 

8 of a fine or other penalty in accordance 

9 with subparagraph (A), the employer may 

10 file within 30 days from receipt of such no11 tice, with the Secretary a petition for the 

12 remission or mitigation of such fine or 

13 penalty, or a petition for termination of 

14 the proceedings. The petition may include 

15 any relevant evidence or proffer of evidence 

16 the employer wishes to present, and shall 

17 be filed and considered in accordance with 

18 procedures to be established by the Sec19 retary. 

20 ‘‘(ii) REVIEW BY SECRETARY.—If the 

21 Secretary finds that such fine or other 

22 penalty was incurred erroneously, or finds 

23 the existence of such mitigating cir24 cumstances as to justify the remission or 

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1 retary may remit or mitigate such fine or 

2 other penalty on the terms and conditions 

3 as the Secretary determines are reasonable 

4 and just, or order termination of any pro5 ceedings related to the notice. Such miti6 gating circumstances may include good 

7 faith compliance and participation in, or 

8 agreement to participate in, the System, if 

9 not otherwise required. 

10 ‘‘(iii) APPLICABILITY.—This subpara11 graph may not apply to an employer that 

12 has or is engaged in a pattern or practice 

13 of violations of paragraph (1)(A), (1)(B), 

14 or (2) of subsection (a) or of any other re15 quirements of this section. 

16 ‘‘(C) PENALTY CLAIM.—After considering 

17 evidence and representations offered by the em18 ployer pursuant to subparagraph (B), the Sec19 retary shall determine whether there was a vio20 lation and promptly issue a written final deter21 mination setting forth the findings of fact and 

22 conclusions of law on which the determination 

23 is based and the appropriate penalty. 

24 ‘‘(4) CIVIL PENALTIES.— 


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1 ‘‘(A) HIRING OR CONTINUING TO EMPLOY

2 UNAUTHORIZED ALIENS.—Any employer that 

3 violates any provision of paragraph (1)(A) or 

4 (2) of subsection (a) shall pay civil penalties as 

5 follows: 

6 ‘‘(i) Pay a civil penalty of not less 

7 than $500 and not more than $4,000 for 

8 each unauthorized alien with respect to 

9 each such violation. 

10 ‘‘(ii) If the employer has previously 

11 been fined 1 time under this subparagraph, 

12 pay a civil penalty of not less than $4,000 

13 and not more than $10,000 for each unau14 thorized alien with respect to each such 

15 violation. 

16 ‘‘(iii) If the employer has previously 

17 been fined more than 1 time under this 

18 subparagraph or has failed to comply with 

19 a previously issued and final order related 

20 to any such provision, pay a civil penalty 

21 of not less than $6,000 and not more than 

22 $20,000 for each unauthorized alien with 

23 respect to each such violation. 

24 ‘‘(B) RECORDKEEPING OR VERIFICATION

25 PRACTICES.—Any employer that violates or fails 


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1 to comply with the requirements of subsections 

2 (c) and (d), shall pay a civil penalty as follows: 

3 ‘‘(i) Pay a civil penalty of not less 

4 than $200 and not more than $2,000 for 

5 each such violation. 

6 ‘‘(ii) If the employer has previously 

7 been fined 1 time under this subparagraph, 

8 pay a civil penalty of not less than $400 

9 and not more than $4,000 for each such 

10 violation. 

11 ‘‘(iii) If the employer has previously 

12 been fined more than 1 time under this 

13 subparagraph or has failed to comply with 

14 a previously issued and final order related 

15 to such requirements, pay a civil penalty of 

16 $6,000 for each such violation. 

17 ‘‘(C) OTHER PENALTIES.—Notwith18 standing subparagraphs (A) and (B), the Sec19 retary may impose additional penalties for vio20 lations, including cease and desist orders, spe21 cially designed compliance plans to prevent fur22 ther violations, suspended fines to take effect in 

23 the event of a further violation, and in appro24 priate cases, the civil penalty described in sub25 section (g)(2). 


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1 ‘‘(D) REDUCTION OF PENALTIES.—Not2 withstanding subparagraphs (A), (B), and (C), 

3 the Secretary is authorized to reduce or miti4 gate penalties imposed upon employers, based 

5 upon factors including the employer’s hiring 

6 volume, compliance history, good faith imple7 mentation of a compliance program, participa8 tion in a temporary worker program, and vol9 untary disclosure of violations of this subsection 

10 to the Secretary. 

11 ‘‘(E) ADJUSTMENT FOR INFLATION.—All 

12 penalties in this section may be adjusted every 

13 4 years to account for inflation, as provided by 

14 law. 

15 ‘‘(5) JUDICIAL REVIEW.—An employer ad16 versely affected by a final determination may, within 

17 45 days after the date the final determination is 

18 issued, file a petition in the Court of Appeals for the 

19 appropriate circuit for review of the order. The filing 

20 of a petition as provided in this paragraph shall stay 

21 the Secretary’s determination until entry of judg22 ment by the court. The burden shall be on the em23 ployer to show that the final determination was not 

24 supported by substantial evidence. The Secretary is 

25 authorized to require that the petitioner provide, 


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1 prior to filing for review, security for payment of 

2 fines and penalties through bond or other guarantee 

3 of payment acceptable to the Secretary. 

4 ‘‘(6) ENFORCEMENT OF ORDERS.—If an em5 ployer fails to comply with a final determination 

6 issued against that employer under this subsection, 

7 and the final determination is not subject to review 

8 as provided in paragraph (5), the Attorney General 

9 may file suit to enforce compliance with the final de10 termination in any appropriate district court of the 

11 United States. In any such suit, the validity and ap12 propriateness of the final determination shall not be 

13 subject to review. 

14 ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS FOR

15 PATTERN OR PRACTICE VIOLATIONS.— 

16 ‘‘(1) CRIMINAL PENALTY.—An employer that 

17 engages in a pattern or practice of knowing viola18 tions of subsection (a)(1)(A) or (a)(2) shall be fined 

19 not more than $20,000 for each unauthorized alien 

20 with respect to whom such a violation occurs, im21 prisoned for not more than 6 months for the entire 

22 pattern or practice, or both. 

23 ‘‘(2) ENJOINING OF PATTERN OR PRACTICE

24 VIOLATIONS.—If the Secretary or the Attorney Gen25 eral has reasonable cause to believe that an employer 


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1 is engaged in a pattern or practice of employment, 

2 recruitment, or referral in violation of paragraph 

3 (1)(A) or (2) of subsection (a), the Attorney General 

4 may bring a civil action in the appropriate district 

5 court of the United States requesting such relief, in6 cluding a permanent or temporary injunction, re7 straining order, or other order against the employer, 

8 as the Secretary deems necessary. 

9 ‘‘(g) PROHIBITION OF INDEMNITY BONDS.— 

10 ‘‘(1) PROHIBITION.—It is unlawful for an em11 ployer, in the hiring, recruiting, or referring for a 

12 fee, of an individual, to require the individual to post 

13 a bond or security, to pay or agree to pay an 

14 amount, or otherwise to provide a financial guar15 antee or indemnity, against any potential liability 

16 arising under this section relating to such hiring, re17 cruiting, or referring of the individual. 

18 ‘‘(2) CIVIL PENALTY.—Any employer which is 

19 determined, after notice and opportunity for mitiga20 tion of the monetary penalty under subsection (e), to 

21 have violated paragraph (1) of this subsection shall 

22 be subject to a civil penalty of $10,000 for each vio23 lation and to an administrative order requiring the 

24 return of any amounts received in violation of such 

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1 not be located, to the Employer Compliance Fund 

2 established under section 286(w). 

3 ‘‘(h) PROHIBITION ON AWARD OF GOVERNMENT

4 CONTRACTS, GRANTS, AND AGREEMENTS.— 

5 ‘‘(1) EMPLOYERS WITH NO CONTRACTS, 

6 GRANTS, OR AGREEMENTS.— 

7 ‘‘(A) IN GENERAL.—If an employer who 

8 does not hold a Federal contract, grant, or co9 operative agreement is determined by the Sec10 retary to be a repeat violator of this section or 

11 is convicted of a crime under this section, the 

12 employer shall be debarred from the receipt of 

13 a Federal contract, grant, or cooperative agree14 ment for a period of 2 years. The Secretary or 

15 the Attorney General shall advise the Adminis16 trator of General Services of such a debarment, 

17 and the Administrator of General Services shall 

18 list the employer on the List of Parties Ex19 cluded from Federal Procurement and Non20 procurement Programs for a period of 2 years. 

21 ‘‘(B) WAIVER.—The Administrator of Gen22 eral Services, in consultation with the Secretary 

23 and the Attorney General, may waive operation 

24 of this subsection or may limit the duration or 

25 scope of the debarment. 


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1 ‘‘(2) EMPLOYERS WITH CONTRACTS, GRANTS, 

2 OR AGREEMENTS.— 

3 ‘‘(A) IN GENERAL.—An employer who 

4 holds a Federal contract, grant, or cooperative 

5 agreement and is determined by the Secretary 

6 to be a repeat violator of this section or is con7 victed of a crime under this section, shall be 

8 debarred from the receipt of Federal contracts, 

9 grants, or cooperative agreements for a period 

10 of 2 years. 

11 ‘‘(B) NOTICE TO AGENCIES.—Prior to de12 barring the employer under subparagraph (A), 

13 the Secretary, in cooperation with the Adminis14 trator of General Services, shall advise any 

15 agency or department holding a contract, grant, 

16 or cooperative agreement with the employer of 

17 the Government’s intention to debar the em18 ployer from the receipt of new Federal con19 tracts, grants, or cooperative agreements for a 

20 period of 2 years. 

21 ‘‘(C) WAIVER.—After consideration of the 

22 views of any agency or department that holds 

23 a contract, grant, or cooperative agreement 

24 with the employer, the Secretary may, in lieu of 

25 debarring the employer from the receipt of new 


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•S 2611 PCS

1 Federal contracts, grants, or cooperative agree2 ments for a period of 2 years, waive operation 

3 of this subsection, limit the duration or scope of 

4 the debarment, or may refer to an appropriate 

5 lead agency the decision of whether to debar the 

6 employer, for what duration, and under what 

7 scope in accordance with the procedures and 

8 standards prescribed by the Federal Acquisition 

9 Regulation. However, any proposed debarment 

10 predicated on an administrative determination 

11 of liability for civil penalty by the Secretary or 

12 the Attorney General shall not be reviewable in 

13 any debarment proceeding. The decision of 

14 whether to debar or take alternate action under 

15 this subparagraph shall not be judicially re16 viewed. 

17 ‘‘(3) SUSPENSION.—Indictments for violations 

18 of this section or adequate evidence of actions that 

19 could form the basis for debarment under this sub20 section shall be considered a cause for suspension 

21 under the procedures and standards for suspension 

22 prescribed by the Federal Acquisition Regulation. 

23 ‘‘(i) MISCELLANEOUS PROVISIONS.— 

24 ‘‘(1) DOCUMENTATION.—In providing docu25 mentation or endorsement of authorization of aliens 


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1 (other than aliens lawfully admitted for permanent 

2 residence) eligible to be employed in the United 

3 States, the Secretary shall provide that any limita4 tions with respect to the period or type of employ5 ment or employer shall be conspicuously stated on 

6 the documentation or endorsement. 

7 ‘‘(2) PREEMPTION.—The provisions of this sec8 tion preempt any State or local law— 

9 ‘‘(A) imposing civil or criminal sanctions 

10 (other than through licensing and similar laws) 

11 upon those who employ, or recruit or refer for 

12 a fee for employment, unauthorized aliens; or 

13 ‘‘(B) requiring as a condition of con14 ducting, continuing, or expanding a business 

15 that a business entity— 

16 ‘‘(i) provide, build, fund, or maintain 

17 a shelter, structure, or designated area for 

18 use by day laborers at or near its place of 

19 business; or 

20 ‘‘(ii) take other steps that facilitate 

21 the employment of day laborers by others. 

22 ‘‘(j) DEPOSIT OF AMOUNTS RECEIVED.—Except as 

23 otherwise specified, civil penalties collected under this sec24 tion shall be deposited by the Secretary into the Employer 

25 Compliance Fund established under section 286(w). 


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1 ‘‘(k) DEFINITIONS.—In this section: 

2 ‘‘(1) EMPLOYER.—The term ‘employer’ means 

3 any person or entity, including any entity of the 

4 Government of the United States, hiring, recruiting, 

5 or referring an individual for employment in the 

6 United States. 

7 ‘‘(2) SECRETARY.—Except as otherwise pro8 vided, the term ‘Secretary’ means the Secretary of 

9 Homeland Security. 

10 ‘‘(3) UNAUTHORIZED ALIEN.—The term ‘unau11 thorized alien’ means, with respect to the employ12 ment of an alien at a particular time, that the alien 

13 is not at that time either— 

14 ‘‘(A) an alien lawfully admitted for perma15 nent residence; or 

16 ‘‘(B) authorized to be so employed by this 

17 Act or by the Secretary.’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) AMENDMENTS.— 

20 (A) REPEAL OF BASIC PILOT.—Sections 

21 401, 402, 403, 404, and 405 of the Illegal Im22 migration Reform and Immigrant Responsibility 

23 Act of 1996 (division C of Public Law 104– 

24 208; 8 U.S.C. 1324a note) are repealed. 


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1 (B) REPEAL OF REPORTING REQUIRE2 MENTS.— 

3 (i) REPORT ON EARNINGS OF ALIENS

4 NOT AUTHORIZED TO WORK.—Subsection 

5 (c) of section 290 (8 U.S.C. 1360) is re6 pealed. 

7 (ii) REPORT ON FRAUDULENT USE OF

8 SOCIAL SECURITY ACCOUNT NUMBERS.— 

9 Subsection (b) of section 414 of the Illegal 

10 Immigration Reform and Immigrant Re11 sponsibility Act of 1996 (division C of 

12 Public Law 104–208; 8 U.S.C. 1360 note) 

13 is repealed. 

14 (2) CONSTRUCTION.—Nothing in this sub15 section or in subsection (d) of section 274A, as 

16 amended by subsection (a), may be construed to 

17 limit the authority of the Secretary to allow or con18 tinue to allow the participation of employers who 

19 participated in the basic pilot program under sec20 tions 401, 402, 403, 404, and 405 of the Illegal Im21 migration Reform and Immigrant Responsibility Act 

22 of 1996 (division C of Public Law 104–208; 8 

23 U.S.C. 1324a note) in the Electronic Employment 

24 Verification System established pursuant to such 

25 subsection (d). 


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1 (c) TECHNICAL AMENDMENTS.— 

2 (1) DEFINITION OF UNAUTHORIZED ALIEN.— 

3 Sections 218(i)(1) (8 U.S.C. 1188(i)(1)), 245(c)(8) 

4 (8 U.S.C. 1255(c)(8)), 274(a)(3)(B)(i) (8 U.S.C. 

5 1324(a)(3)(B)(i)), and 274B(a)(1) (8 U.S.C. 

6 1324b(a)(1)) are amended by striking ‘‘274A(h)(3)’’ 

7 and inserting ‘‘274A’’. 

8 (2) DOCUMENT REQUIREMENTS.—Section 274B 

9 (8 U.S.C. 1324b) is amended— 

10 (A) in subsections (a)(6) and (g)(2)(B), by 

11 striking ‘‘274A(b)’’ and inserting ‘‘274A(d)’’; 

12 and 

13 (B) in subsection (g)(2)(B)(ii), by striking 

14 ‘‘274A(b)(5)’’ and inserting ‘‘274A(d)’’. 

15 (d) AMENDMENTS TO THE SOCIAL SECURITY ACT.— 

16 Section 205(c)(2) of the Social Security Act (42 U.S.C. 

17 405(c)(2)) is amended by adding at the end the following 

18 new subparagraphs: 

19 ‘‘(I)(i) The Commissioner of Social Security shall es20 tablish a reliable, secure method to provide through the 

21 Electronic Employment Verification System established 

22 pursuant to subsection (d) of section 274A of the Immi23 gration and Nationality Act (referred to in this subpara24 graph as the ‘System’), within the time periods required 

25 by paragraphs (2)(B) and (2)(C) of such subsection— 


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1 ‘‘(I) a determination of whether the name and 

2 social security account number of an individual pro3 vided in an inquiry made to the System by an em4 ployer is consistent with such information main5 tained by the Commissioner in order to confirm the 

6 validity of the information provided; 

7 ‘‘(II) a determination of whether such social se8 curity account number was issued to such individual; 

9 ‘‘(III) determination of the citizenship status 

10 associated with such name and social security ac11 count number, according to the records maintained 

12 by the Commissioner; 

13 ‘‘(IV) a determination of whether the name and 

14 number belongs to an individual who is deceased, ac15 cording to the records maintained by the Commis16 sioner; 

17 ‘‘(V) a determination of whether the name and 

18 number is blocked in accordance with clause (ii); and 

19 ‘‘(VI) a confirmation notice or a nonconfirma20 tion notice described in such paragraph (2)(B) or 

21 (2)(C), in a manner that ensures that other informa22 tion maintained by the Commissioner is not dis23 closed or released to employers through the System. 

24 ‘‘(ii) The Commissioner of Social Security shall pre25 vent the fraudulent or other misuse of a social security 


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1 account number by establishing procedures under which 

2 an individual who has been assigned a social security ac3 count number may block the use of such number under 

4 the System and remove such block. 

5 ‘‘(J) In assigning social security account numbers to 

6 aliens who are authorized to work in the United States 

7 under section 218A of the Immigration and Nationality 

8 Act, the Commissioner of Social Security shall, to the 

9 maximum extent practicable, assign such numbers by em10 ploying the enumeration procedure administered jointly by 

11 the Commissioner, the Secretary of State, and the Sec12 retary.’’. 

13 (e) DISCLOSURE OF CERTAIN TAXPAYER IDENTITY

14 INFORMATION.— 

15 (1) IN GENERAL.—Section 6103(l) of the Inter16 nal Revenue Code of 1986 is amended by adding at 

17 the end the following new paragraph: 

18 ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER

19 IDENTITY INFORMATION BY SOCIAL SECURITY AD20 MINISTRATION TO DEPARTMENT OF HOMELAND SE21 CURITY.— 

22 ‘‘(A) IN GENERAL.—From taxpayer iden23 tity information which has been disclosed to the 

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1 rity, the Commissioner of Social Security shall 

2 disclose directly to officers, employees, and con3 tractors of the Department of Homeland Secu4 rity the following information: 

5 ‘‘(i) DISCLOSURE OF EMPLOYER NO

6 MATCH NOTICES.—Taxpayer identity infor7 mation of each person who has filed an in8 formation return required by reason of sec9 tion 6051 who has received written notice 

10 from the Commissioner of Social Security 

11 during calendar year 2005, 2006, or 2007 

12 that such person reported remuneration on 

13 such a return— 

14 ‘‘(I) with more than 100 names 

15 and taxpayer identifying numbers of 

16 employees (within the meaning of 

17 such section) that did not match the 

18 records maintained by the Commis19 sioner of Social Security, or 

20 ‘‘(II) with more than 10 names 

21 of employees (within the meaning of 

22 such section) with the same taxpayer 

23 identifying number. 

24 ‘‘(ii) DISCLOSURE OF INFORMATION

25 REGARDING USE OF DUPLICATE EMPLOYEE


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1 TAXPAYER IDENTIFYING INFORMATION.— 

2 Taxpayer identity information of each per3 son who has filed an information return re4 quired by reason of section 6051 which the 

5 Commissioner of Social Security has rea6 son to believe is the result of identity fraud 

7 due to the use by multiple persons filing 

8 such returns of the same taxpayer identi9 fying number (assigned under section 

10 6109) of an employee (within the meaning 

11 of section 6051). 

12 ‘‘(iii) DISCLOSURE OF INFORMATION

13 REGARDING NONPARTICIPATING EMPLOY14 ERS.—Taxpayer identity information of 

15 each person who has filed an information 

16 return required by reason of section 6051 

17 and for which the Commissioner of Social 

18 Security has reason to believe is not re19 corded as participating in the Electronic 

20 Employment Verification System author21 ized under section 274A(d) of the Immi22 gration and Nationality Act (hereafter in 

23 this paragraph referred to as the ‘Sys24 tem’). 


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1 ‘‘(iv) DISCLOSURE OF INFORMATION

2 REGARDING NEW EMPLOYEES OF NON3 PARTICIPATING EMPLOYERS.—Upon cer4 tification by the Secretary of Homeland 

5 Security that each person identified by 

6 such request based on the records of the 

7 Department of Homeland Security is not 

8 recorded as participating in the System, 

9 taxpayer identity information of all em10 ployees (within the meaning of section 

11 6051) of such person hired after the date 

12 which such person is required to partici13 pate in the System under section 

14 274A(d)(3)(B) of the Immigration and Na15 tionality Act. 

16 ‘‘(v) DISCLOSURE OF INFORMATION

17 REGARDING EMPLOYEES OF CERTAIN DES18 IGNATED EMPLOYERS.—Upon certification 

19 by the Secretary of Homeland Security 

20 that each person identified by such request 

21 based on the records of the Department of 

22 Homeland Security is designated by the 

23 Secretary of Homeland Security under sec24 tion 274A(d)(3)(A) of the Immigration and 

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1 retary of Homeland Security to participate 

2 in the System under section 274A(d)(4)(B) 

3 of such Act, taxpayer identity information 

4 of all employees (within the meaning of 

5 section 6051) of such person. 

6 ‘‘(vi) DISCLOSURE OF NEW HIRE TAX7 PAYER IDENTITY INFORMATION.—Tax8 payer identity information of each person 

9 participating in the System and taxpayer 

10 identity information of all employees (with11 in the meaning of section 6051) of such 

12 person hired during the period beginning 

13 with the later of— 

14 ‘‘(I) the earlier of the date such 

15 person volunteers to participate in the 

16 System or the date such person is re17 quired to participate in the System, or 

18 ‘‘(II) the date of the request im19 mediately preceding the most recent 

20 request under this clause. 

21 ‘‘(B) RESTRICTION ON DISCLOSURE.—The 

22 Commissioner of Social Security shall disclose 

23 taxpayer identity information under subpara24 graph (A) only for purposes of, and to the ex25 tent necessary in— 


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1 ‘‘(i) establishing and enforcing em2 ployer participation in the System, 

3 ‘‘(ii) carrying out, including through 

4 civil administrative and civil judicial pro5 ceedings, of sections 212, 217, 235, 237, 

6 238, 274A, and 274C of the Immigration 

7 and Nationality Act, and 

8 ‘‘(iii) the civil operation of the Alien 

9 Terrorist Removal Court. 

10 ‘‘(C) REIMBURSEMENT.—The Commis11 sioner of Social Security shall prescribe a rea12 sonable fee schedule for furnishing taxpayer 

13 identity information under this paragraph and 

14 collect such fees in advance from the Secretary 

15 of Homeland Security. 

16 ‘‘(D) TERMINATION.—This paragraph 

17 shall not apply to any request made after the 

18 date which is 3 years after the date of the en19 actment of this paragraph.’’. 

20 (2) COMPLIANCE BY DHS CONTRACTORS WITH

21 CONFIDENTIALITY SAFEGUARDS.— 

22 (A) IN GENERAL.—Section 6103(p) of 

23 such Code is amended by adding at the end the 

24 following new paragraph: 


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1 ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— 

2 Notwithstanding any other provision of this section, 

3 no return or return information shall be disclosed to 

4 any contractor of the Department of Homeland Se5 curity unless such Department, to the satisfaction of 

6 the Secretary— 

7 ‘‘(A) has requirements in effect which re8 quire each such contractor which would have 

9 access to returns or return information to pro10 vide safeguards (within the meaning of para11 graph (4)) to protect the confidentiality of such 

12 returns or return information, 

13 ‘‘(B) agrees to conduct an on-site review 

14 every 3 years (mid-point review in the case of 

15 contracts or agreements of less than 1 year in 

16 duration) of each contractor to determine com17 pliance with such requirements, 

18 ‘‘(C) submits the findings of the most re19 cent review conducted under subparagraph (B) 

20 to the Secretary as part of the report required 

21 by paragraph (4)(E), and 

22 ‘‘(D) certifies to the Secretary for the most 

23 recent annual period that such contractor is in 

24 compliance with all such requirements. 


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1 The certification required by subparagraph (D) shall 

2 include the name and address of each contractor, a 

3 description of the contract or agreement with such 

4 contractor, and the duration of such contract or 

5 agreement.’’. 

6 (3) CONFORMING AMENDMENTS.— 

7 (A) Section 6103(a)(3) of such Code is 

8 amended by striking ‘‘or (20)’’ and inserting 

9 ‘‘(20), or (21)’’. 

10 (B) Section 6103(p)(3)(A) of such Code is 

11 amended by adding at the end the following 

12 new sentence: ‘‘The Commissioner of Social Se13 curity shall provide to the Secretary such infor14 mation as the Secretary may require in carrying 

15 out this paragraph with respect to return infor16 mation inspected or disclosed under the author17 ity of subsection (l)(21).’’. 

18 (C) Section 6103(p)(4) of such Code is 

19 amended— 

20 (i) by striking ‘‘or (17)’’ both places it 

21 appears and inserting ‘‘(17), or (21)’’, and 

22 (ii) by striking ‘‘or (20)’’ each place it 

23 appears and inserting ‘‘(20), or (21)’’. 


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1 (D) Section 6103(p)(8)(B) of such Code is 

2 amended by inserting ‘‘or paragraph (9)’’ after 

3 ‘‘subparagraph (A)’’. 

4 (E) Section 7213(a)(2) of such Code is 

5 amended by striking ‘‘or (20)’’ and inserting 

6 ‘‘(20), or (21)’’. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—There are authorized to be 

9 appropriated to the Secretary such sums as are nec10 essary to carry out the amendments made by this 

11 section. 

12 (2) LIMITATION ON VERIFICATION RESPON13 SIBILITIES OF COMMISSIONER OF SOCIAL SECU14 RITY.—The Commissioner of Social Security is au15 thorized to perform activities with respect to car16 rying out the Commissioner’s responsibilities in this 

17 title or the amendments made by this title, but only 

18 to the extent the Secretary of Homeland Security 

19 has provided, in advance, funds to cover the Com20 missioner’s full costs in carrying out such respon21 sibilities. In no case shall funds from the Federal 

22 Old-Age and Survivors Insurance Trust Fund or the 

23 Federal Disability Insurance Trust Fund be used to 

24 carry out such responsibilities. 

25 (g) EFFECTIVE DATES.— 


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1 (1) IN GENERAL.—The amendments made by 

2 subsections (a), (b), (c), and (d) shall take effect on 

3 the date that is 180 days after the date of the enact4 ment of this Act. 

5 (2) SUBSECTION (e).— 

6 (A) IN GENERAL.—The amendments made 

7 by subsection (e) shall apply to disclosures 

8 made after the date of the enactment of this 

9 Act. 

10 (B) CERTIFICATIONS.—The first certifi11 cation under section 6103(p)(9)(D) of the In12 ternal Revenue Code of 1986, as added by sub13 section (e)(2), shall be made with respect to cal14 endar year 2007. 

15 SEC. 302. EMPLOYER COMPLIANCE FUND. 

16 Section 286 (8 U.S.C. 1356) is amended by adding 

17 at the end the following new subsection: 

18 ‘‘(w) EMPLOYER COMPLIANCE FUND.— 

19 ‘‘(1) IN GENERAL.—There is established in the 

20 general fund of the Treasury, a separate account, 

21 which shall be known as the ‘Employer Compliance 

22 Fund’ (referred to in this subsection as the ‘Fund’). 

23 ‘‘(2) DEPOSITS.—There shall be deposited as 

24 offsetting receipts into the Fund all civil monetary 


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1 penalties collected by the Secretary of Homeland Se2 curity under section 274A. 

3 ‘‘(3) PURPOSE.—Amounts refunded to the Sec4 retary from the Fund shall be used for the purposes 

5 of enhancing and enforcing employer compliance 

6 with section 274A. 

7 ‘‘(4) AVAILABILITY OF FUNDS.—Amounts de8 posited into the Fund shall remain available until 

9 expended and shall be refunded out of the Fund by 

10 the Secretary of the Treasury, at least on a quar11 terly basis, to the Secretary of Homeland Security.’’. 

12 SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND 

13 FRAUD DETECTION AGENTS. 

14 (a) WORKSITE ENFORCEMENT.— 

15 (1) INCREASE IN NUMBER OF INVESTIGA16 TORS.—The Secretary shall, subject to the avail17 ability of appropriations for such purpose, annually 

18 increase, by not less than 2,000, the number of posi19 tions for investigators dedicated to enforcing compli20 ance with sections 274 and 274A of the Immigration 

21 and Nationality Act (8 U.S.C. 1324, and 1324a) 

22 during the 5-year period beginning on the date of 

23 the enactment of this Act. 

24 (2) USE OF ENFORCEMENT PERSONNEL.—The 

25 Secretary shall ensure that not less than 20 percent 


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1 of all the hours expended by personnel of the Bu2 reau of Immigration and Customs Enforcement of 

3 the Department to enforce the immigration and cus4 toms laws shall be used to enforce compliance with 

5 section 274A of the Immigration and Nationality 

6 Act (8 U.S.C. 1324a), as amended by section 

7 301(a). 

8 (b) FRAUD DETECTION.—The Secretary shall, sub9 ject to the availability of appropriations for such purpose, 

10 increase by not less than 1,000 the number of positions 

11 for agents of the Bureau of Immigration and Customs En12 forcement dedicated to immigration fraud detection during 

13 the 5-year period beginning on the date of the enactment 

14 of this Act. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Secretary for 

17 each of the fiscal years 2007 through 2011 such sums as 

18 may be necessary to carry out this section. 

19 SEC. 304. CLARIFICATION OF INELIGIBILITY FOR MIS20 REPRESENTATION. 

21 Section 212(a)(6)(C)(ii)(I) (8 U.S.C. 

22 1182(a)(6)(C)(ii)(I)), is amended by striking ‘‘citizen’’ 

23 and inserting ‘‘national’’. 


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1 TITLE IV—NONIMMIGRANT AND 

2 IMMIGRANT VISA REFORM 

3 Subtitle A—Temporary Guest 

4 Workers 

5 SEC. 401. IMMIGRATION IMPACT STUDY. 

6 (a) EFFECTIVE DATE.—Any regulation that would 

7 increase the number of aliens who are eligible for legal 

8 status may not take effect before 90 days after the date 

9 on which the Director of the Bureau of the Census sub10 mits a report to Congress under subsection (c). 

11 (b) STUDY.—The Director of the Bureau of the Cen12 sus, jointly with the Secretary, the Secretary of Agri13 culture, the Secretary of Education, the Secretary of En14 ergy, the Secretary of Health and Human Services, the 

15 Secretary of Housing and Urban Development, the Sec16 retary of the Interior, the Secretary of Labor, the Sec17 retary of Transportation, the Secretary of the Treasury, 

18 the Attorney General, and the Administrator of the Envi19 ronmental Protection Agency, shall undertake a study ex20 amining the impacts of the current and proposed annual 

21 grants of legal status, including immigrant and non22 immigrant status, along with the current level of illegal 

23 immigration, on the infrastructure of and quality of life 

24 in the United States. 


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1 (c) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act, the Director of the Bureau 

3 of the Census shall submit to Congress a report on the 

4 findings of the study required by subsection (b), including 

5 the following information: 

6 (1) An estimate of the total legal and illegal im7 migrant populations of the United States, as they 

8 relate to the total population. 

9 (2) The projected impact of legal and illegal im10 migration on the size of the population of the United 

11 States over the next 50 years, which regions of the 

12 country are likely to experience the largest increases, 

13 which small towns and rural counties are likely to 

14 lose their character as a result of such growth, and 

15 how the proposed regulations would affect these pro16 jections. 

17 (3) The impact of the current and projected 

18 foreign-born populations on the natural environment, 

19 including the consumption of nonrenewable re20 sources, waste production and disposal, the emission 

21 of pollutants, and the loss of habitat and productive 

22 farmland, an estimate of the public expenditures re23 quired to maintain current standards in each of 

24 these areas, the degree to which current standards 

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1 coming, and the additional effects the proposed reg2 ulations would have. 

3 (4) The impact of the current and projected 

4 foreign-born populations on employment and wage 

5 rates, particularly in industries such as agriculture 

6 and services in which the foreign born are con7 centrated, an estimate of the associated public costs, 

8 and the additional effects the proposed regulations 

9 would have. 

10 (5) The impact of the current and projected 

11 foreign-born populations on the need for additions 

12 and improvements to the transportation infrastruc13 ture of the United States, an estimate of the public 

14 expenditures required to meet this need, the impact 

15 on Americans’ mobility if such expenditures are not 

16 forthcoming, and the additional effect the proposed 

17 regulations would have. 

18 (6) The impact of the current and projected 

19 foreign-born populations on enrollment, class size, 

20 teacher-student ratios, and the quality of education 

21 in public schools, an estimate of the public expendi22 tures required to maintain current median stand23 ards, the degree to those standards will deteriorate 

24 if such expenditures are not forthcoming, and the 


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1 additional effect the proposed regulations would 

2 have. 

3 (7) The impact of the current and projected 

4 foreign-born populations on home ownership rates, 

5 housing prices, and the demand for low-income and 

6 subsidized housing, the public expenditures required 

7 to maintain current median standards in these 

8 areas, the degree to which those standards will dete9 riorate if such expenditures are not forthcoming, and 

10 the additional effect the proposed regulations would 

11 have. 

12 (8) The impact of the current and projected 

13 foreign-born populations on access to quality health 

14 care and on the cost of health care and health insur15 ance, an estimate of the public expenditures required 

16 to maintain current median standards, the degree to 

17 which those standards will deteriorate if such ex18 penditures are not forthcoming, and the additional 

19 effect the proposed regulations would have. 

20 (9) The impact of the current and projected 

21 foreign-born populations on the criminal justice sys22 tem in the United States, an estimate of the associ23 ated public costs, and the additional effect the pro24 posed regulations would have. 


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1 SEC. 402. NONIMMIGRANT TEMPORARY WORKER. 

2 (a) TEMPORARY WORKER CATEGORY.—Section 

3 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is amended to 

4 read as follows: 

5 ‘‘(H) an alien— 

6 ‘‘(i)(b) subject to section 212(j)(2)— 

7 ‘‘(aa) who is coming temporarily 

8 to the United States to perform serv9 ices (other than services described in 

10 clause (ii)(a) or subparagraph (O) or 

11 (P)) in a specialty occupation de12 scribed in section 214(i)(1) or as a 

13 fashion model; 

14 ‘‘(bb) who meets the require15 ments for the occupation specified in 

16 section 214(i)(2) or, in the case of a 

17 fashion model, is of distinguished 

18 merit and ability; and 

19 ‘‘(cc) with respect to whom the 

20 Secretary of Labor determines and 

21 certifies to the Secretary of Homeland 

22 Security that the intending employer 

23 has filed an application with the Sec24 retary in accordance with section 

25 212(n)(1); 


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1 ‘‘(b1)(aa) who is entitled to enter the 

2 United States under the provisions of an 

3 agreement listed in section 214(g)(8)(A); 

4 ‘‘(bb) who is engaged in a specialty 

5 occupation described in section 214(i)(3); 

6 and 

7 ‘‘(cc) with respect to whom the Sec8 retary of Labor determines and certifies to 

9 the Secretary of Homeland Security and 

10 the Secretary of State that the intending 

11 employer has filed an attestation with the 

12 Secretary of Labor in accordance with sec13 tion 212(t)(1); or 

14 ‘‘(c)(aa) who is coming temporarily to 

15 the United States to perform services as a 

16 registered nurse; 

17 ‘‘(bb) who meets the qualifications de18 scribed in section 212(m)(1); and 

19 ‘‘(cc) with respect to whom the Sec20 retary of Labor determines and certifies to 

21 the Secretary of Homeland Security that 

22 an unexpired attestation is on file and in 

23 effect under section 212(m)(2) for the fa24 cility (as defined in section 212(m)(6)) for 


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1 which the alien will perform the services; 

2 or 

3 ‘‘(ii)(a) who— 

4 ‘‘(aa) has a residence in a foreign 

5 country which the alien has no inten6 tion of abandoning; and 

7 ‘‘(bb) is coming temporarily to 

8 the United States to perform agricul9 tural labor or services (as defined by 

10 the Secretary of Labor), including ag11 ricultural labor (as defined in section 

12 3121(g) of the Internal Revenue Code 

13 of 1986), agriculture (as defined in 

14 section 3(f) of the Fair Labor Stand15 ards Act of 1938 (29 U.S.C. 203(f))), 

16 and the pressing of apples for cider on 

17 a farm, of a temporary or seasonal 

18 nature; 

19 ‘‘(b) who— 

20 ‘‘(aa) has a residence in a foreign 

21 country which the alien has no inten22 tion of abandoning; 

23 ‘‘(bb) is coming temporarily to 

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1 porary or seasonal nature (if unem2 ployed persons capable of performing 

3 such work or services cannot be found 

4 in the United States), excluding med5 ical school graduates coming to the 

6 United States to perform services as 

7 members of the medical profession; or 

8 ‘‘(c) who— 

9 ‘‘(aa) has a residence in a foreign 

10 country which the alien has no inten11 tion of abandoning; 

12 ‘‘(bb) is coming temporarily to 

13 the United States to perform tem14 porary labor or services other than the 

15 labor or services described in clause 

16 (i)(b), (i)(c), (ii)(a), or (iii), or sub17 paragraph (L), (O), (P), or (R) (if 

18 unemployed persons capable of per19 forming such labor or services cannot 

20 be found in the United States); and 

21 ‘‘(cc) meets the requirements of 

22 section 218A, including the filing of a 

23 petition under such section on behalf 

24 of the alien; 

25 ‘‘(iii) who— 


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1 ‘‘(a) has a residence in a foreign 

2 country which the alien has no inten3 tion of abandoning; and 

4 ‘‘(b) is coming temporarily to the 

5 United States as a trainee (other than 

6 to receive graduate medical education 

7 or training) in a training program 

8 that is not designed primarily to pro9 vide productive employment; or 

10 ‘‘(iv) who— 

11 ‘‘(a) is the spouse or a minor 

12 child of an alien described in clause 

13 (iii); and 

14 ‘‘(b) is accompanying or following 

15 to join such alien.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall take effect on the date which is 1 year 

18 after the date of the enactment of this Act and shall apply 

19 to aliens, who, on such effective date, are outside of the 

20 United States. 

21 SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY 

22 GUEST WORKERS. 

23 (a) TEMPORARY GUEST WORKERS.— 


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1 (1) IN GENERAL.—Chapter 2 of title II (8 

2 U.S.C. 1181 et seq.) is amended by inserting after 

3 section 218 the following: 

4 ‘‘SEC. 218A. ADMISSION OF H–2C NONIMMIGRANTS. 

5 ‘‘(a) AUTHORIZATION.—The Secretary of State may 

6 grant a temporary visa to an H–2C nonimmigrant who 

7 demonstrates an intent to perform labor or services in the 

8 United States (other than the labor or services described 

9 in clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or sub10 paragraph (L), (O), (P), or (R)) of section 101(a)(15). 

11 ‘‘(b) REQUIREMENTS FOR ADMISSION.—An alien 

12 shall be eligible for H–2C nonimmigrant status if the alien 

13 meets the following requirements: 

14 ‘‘(1) ELIGIBILITY TO WORK.—The alien shall 

15 establish that the alien is capable of performing the 

16 labor or services required for an occupation under 

17 section 101(a)(15)(H)(ii)(c). 

18 ‘‘(2) EVIDENCE OF EMPLOYMENT.—The alien 

19 shall establish that the alien has received a job offer 

20 from an employer who has complied with the re21 quirements of 218B. 

22 ‘‘(3) FEE.—The alien shall pay a $500 visa 

23 issuance fee in addition to the cost of processing and 

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1 graph shall be construed to affect consular proce2 dures for charging reciprocal fees. 

3 ‘‘(4) MEDICAL EXAMINATION.—The alien shall 

4 undergo a medical examination (including a deter5 mination of immunization status), at the alien’s ex6 pense, that conforms to generally accepted standards 

7 of medical practice. 

8 ‘‘(5) APPLICATION CONTENT AND WAIVER.— 

9 ‘‘(A) APPLICATION FORM.—The alien shall 

10 submit to the Secretary a completed applica11 tion, on a form designed by the Secretary of 

12 Homeland Security, including proof of evidence 

13 of the requirements under paragraphs (1) and 

14 (2). 

15 ‘‘(B) CONTENT.—In addition to any other 

16 information that the Secretary requires to de17 termine an alien’s eligibility for H–2C non18 immigrant status, the Secretary shall require an 

19 alien to provide information concerning the 

20 alien’s— 

21 ‘‘(i) physical and mental health; 

22 ‘‘(ii) criminal history and gang mem23 bership; 

24 ‘‘(iii) immigration history; and 


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1 ‘‘(iv) involvement with groups or indi2 viduals that have engaged in terrorism, 

3 genocide, persecution, or who seek the 

4 overthrow of the United States Govern5 ment. 

6 ‘‘(C) KNOWLEDGE.—The alien shall in7 clude with the application submitted under this 

8 paragraph a signed certification in which the 

9 alien certifies that— 

10 ‘‘(i) the alien has read and under11 stands all of the questions and statements 

12 on the application form; 

13 ‘‘(ii) the alien certifies under penalty 

14 of perjury under the laws of the United 

15 States that the application, and any evi16 dence submitted with it, are all true and 

17 correct; and 

18 ‘‘(iii) the applicant authorizes the re19 lease of any information contained in the 

20 application and any attached evidence for 

21 law enforcement purposes. 

22 ‘‘(c) GROUNDS OF INADMISSIBILITY.— 

23 ‘‘(1) IN GENERAL.—In determining an alien’s 

24 admissibility as an H–2C nonimmigrant— 


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1 ‘‘(A) paragraphs (5), (6)(A), (7), (9)(B), 

2 and (9)(C) of section 212(a) may be waived for 

3 conduct that occurred before the effective date 

4 of the Initial Entry, Adjustment, and Citizen5 ship Assistance Grant Act of 2006; 

6 ‘‘(B) the Secretary of Homeland Security 

7 may not waive the application of— 

8 ‘‘(i) subparagraph (A), (B), (C), (E), 

9 (G), (H), or (I) of section 212(a)(2) (relat10 ing to criminals); 

11 ‘‘(ii) section 212(a)(3) (relating to se12 curity and related grounds); or 

13 ‘‘(iii) subparagraph (A), (C) or (D) of 

14 section 212(a)(10) (relating to polygamists 

15 and child abductors); and 

16 ‘‘(C) for conduct that occurred before the 

17 date of the enactment of the Initial Entry, Ad18 justment, and Citizenship Assistance Grant Act 

19 of 2006, the Secretary of Homeland Security 

20 may waive the application of any provision of 

21 section 212(a) not listed in subparagraph (B) 

22 on behalf of an individual alien— 

23 ‘‘(i) for humanitarian purposes; 

24 ‘‘(ii) to ensure family unity; or 


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1 ‘‘(iii) if such a waiver is otherwise in 

2 the public interest. 

3 ‘‘(2) RENEWAL OF AUTHORIZED ADMISSION

4 AND SUBSEQUENT ADMISSIONS.—An alien seeking 

5 renewal of authorized admission or subsequent ad6 mission as an H–2C nonimmigrant shall establish 

7 that the alien is not inadmissible under section 

8 212(a). 

9 ‘‘(d) BACKGROUND CHECKS.—The Secretary of 

10 Homeland Security shall not admit, and the Secretary of 

11 State shall not issue a visa to, an alien seeking H–2C non12 immigrant status unless all appropriate background 

13 checks have been completed. 

14 ‘‘(e) INELIGIBLE TO CHANGE NONIMMIGRANT CLAS15 SIFICATION.—An H–2C nonimmigrant may not change 

16 nonimmigrant classification under section 248. 

17 ‘‘(f) PERIOD OF AUTHORIZED ADMISSION.— 

18 ‘‘(1) AUTHORIZED PERIOD AND RENEWAL.— 

19 The initial period of authorized admission as an H– 

20 2C nonimmigrant shall be 3 years, and the alien 

21 may seek 1 extension for an additional 3-year pe22 riod. 

23 ‘‘(2) INTERNATIONAL COMMUTERS.—An alien 

24 who resides outside the United States and commutes 

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1 immigrant, is not subject to the time limitations 

2 under paragraph (1). 

3 ‘‘(3) LOSS OF EMPLOYMENT.— 

4 ‘‘(A) IN GENERAL.—Subject to subsection 

5 (c), the period of authorized admission of an 

6 H–2C nonimmigrant shall terminate if the alien 

7 is unemployed for 60 or more consecutive days. 

8 ‘‘(B) RETURN TO FOREIGN RESIDENCE.— 

9 Any alien whose period of authorized admission 

10 terminates under subparagraph (A) shall be re11 quired to leave the United States. 

12 ‘‘(C) PERIOD OF VISA VALIDITY.—Any 

13 alien, whose period of authorized admission ter14 minates under subparagraph (A), who leaves 

15 the United States under subparagraph (B), 

16 may reenter the United States as an H–2C 

17 nonimmigrant to work for an employer, if the 

18 alien has complied with the requirements of 

19 subsections (b) and (f)(2). The Secretary may, 

20 in the Secretary’s sole and unreviewable discre21 tion, reauthorize such alien for admission as an 

22 H–2C nonimmigrant without requiring the 

23 alien’s departure from the United States. 

24 ‘‘(4) VISITS OUTSIDE UNITED STATES.— 


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1 ‘‘(A) IN GENERAL.—Under regulations es2 tablished by the Secretary of Homeland Secu3 rity, an H–2C nonimmigrant— 

4 ‘‘(i) may travel outside of the United 

5 States; and 

6 ‘‘(ii) may be readmitted without hav7 ing to obtain a new visa if the period of 

8 authorized admission has not expired. 

9 ‘‘(B) EFFECT ON PERIOD OF AUTHORIZED

10 ADMISSION.—Time spent outside the United 

11 States under subparagraph (A) shall not extend 

12 the period of authorized admission in the 

13 United States. 

14 ‘‘(5) BARS TO EXTENSION OR ADMISSION.—An 

15 alien may not be granted H–2C nonimmigrant sta16 tus, or an extension of such status, if— 

17 ‘‘(A) the alien has violated any material 

18 term or condition of such status granted pre19 viously, including failure to comply with the 

20 change of address reporting requirements under 

21 section 265; 

22 ‘‘(B) the alien is inadmissible as a non23 immigrant; or 

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1 ceed 6 years as an H–2C nonimmigrant, unless 

2 the alien has resided and been physically 

3 present outside the United States for at least 1 

4 year after the expiration of such H–2C non5 immigrant status. 

6 ‘‘(g) EVIDENCE OF NONIMMIGRANT STATUS.—Each 

7 H–2C nonimmigrant shall be issued documentary evidence 

8 of nonimmigrant status, which— 

9 ‘‘(1) shall be machine-readable, tamper-resist10 ant, and allow for biometric authentication; 

11 ‘‘(2) shall be designed in consultation with the 

12 Forensic Document Laboratory of the Bureau of 

13 Immigration and Customs Enforcement; 

14 ‘‘(3) shall, during the alien’s authorized period 

15 of admission under subsection (f), serve as a valid 

16 entry document for the purpose of applying for ad17 mission to the United States— 

18 ‘‘(A) instead of a passport and visa if the 

19 alien— 

20 ‘‘(i) is a national of a foreign territory 

21 contiguous to the United States; and 

22 ‘‘(ii) is applying for admission at a 

23 land border port of entry; and 


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1 ‘‘(B) in conjunction with a valid passport, 

2 if the alien is applying for admission at an air 

3 or sea port of entry; 

4 ‘‘(4) may be accepted during the period of its 

5 validity by an employer as evidence of employment 

6 authorization and identity under section 

7 274A(b)(1)(B); and 

8 ‘‘(5) shall be issued to the H–2C nonimmigrant 

9 by the Secretary of Homeland Security promptly 

10 after the final adjudication of such alien’s applica11 tion for H–2C nonimmigrant status. 

12 ‘‘(h) PENALTY FOR FAILURE TO DEPART.—If an H– 

13 2C nonimmigrant fails to depart the United States before 

14 the date which is 10 days after the date that the alien’s 

15 authorized period of admission as an H–2C nonimmigrant 

16 terminates, the H–2C nonimmigrant may not apply for 

17 or receive any immigration relief or benefit under this Act 

18 or any other law, except for relief under sections 208 and 

19 241(b)(3) and relief under the Convention Against Tor20 ture and Other Cruel, Inhuman or Degrading Treatment 

21 or Punishment, for an alien who indicates either an inten22 tion to apply for asylum under section 208 or a fear of 

23 persecution or torture. 

24 ‘‘(i) PENALTY FOR ILLEGAL ENTRY OR OVERSTAY.— 

25 Any alien who enters, attempts to enter, or crosses the 


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1 border after the date of the enactment of this section, and 

2 is physically present in the United States after such date 

3 in violation of this Act or of any other Federal law, may 

4 not receive, for a period of 10 years— 

5 ‘‘(1) any relief under sections 240A and 240B; 

6 or 

7 ‘‘(2) nonimmigrant status under section 

8 101(a)(15). 

9 ‘‘(j) PORTABILITY.—A nonimmigrant alien described 

10 in this section, who was previously issued a visa or other11 wise provided H–2C nonimmigrant status, may accept a 

12 new offer of employment with a subsequent employer, if— 

13 ‘‘(1) the employer complies with section 218B; 

14 and 

15 ‘‘(2) the alien, after lawful admission to the 

16 United States, did not work without authorization. 

17 ‘‘(k) CHANGE OF ADDRESS.—An H–2C non18 immigrant shall comply with the change of address report19 ing requirements under section 265 through either elec20 tronic or paper notification. 

21 ‘‘(l) COLLECTION OF FEES.—All fees collected under 

22 this section shall be deposited in the Treasury in accord23 ance with section 286(c). 

24 ‘‘(m) ISSUANCE OF H–4 NONIMMIGRANT VISAS FOR

25 SPOUSE AND CHILDREN.— 


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1 ‘‘(1) IN GENERAL.—The alien spouse and chil2 dren of an H–2C nonimmigrant (referred to in this 

3 section as ‘dependent aliens’) who are accompanying 

4 or following to join the H–2C nonimmigrant may be 

5 issued nonimmigrant visas under section 

6 101(a)(15)(H)(iv). 

7 ‘‘(2) REQUIREMENTS FOR ADMISSION.—A de8 pendent alien is eligible for nonimmigrant status 

9 under 101(a)(15)(H)(iv) if the dependant alien 

10 meets the following requirements: 

11 ‘‘(A) ELIGIBILITY.—The dependent alien is 

12 admissible as a nonimmigrant and does not fall 

13 within a class of aliens ineligible for H–4A non14 immigrant status listed under subsection (c). 

15 ‘‘(B) MEDICAL EXAMINATION.—Before a 

16 nonimmigrant visa is issued to a dependent 

17 alien under this subsection, the dependent alien 

18 may be required to submit to a medical exam19 ination (including a determination of immuniza20 tion status) at the alien’s expense, that con21 forms to generally accepted standards of med22 ical practice. 

23 ‘‘(C) BACKGROUND CHECKS.—Before a 

24 nonimmigrant visa is issued to a dependent 

25 alien under this section, the consular officer 


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1 shall conduct such background checks as the 

2 Secretary of State, in consultation with the Sec3 retary of Homeland Security, considers appro4 priate. 

5 ‘‘(n) DEFINITIONS.—In this section and sections 

6 218B, 218C, and 218D: 

7 ‘‘(1) AGGRIEVED PERSON.—The term ‘ag8 grieved person’ means a person adversely affected by 

9 an alleged violation of this section, including— 

10 ‘‘(A) a worker whose job, wages, or work11 ing conditions are adversely affected by the vio12 lation; and 

13 ‘‘(B) a representative for workers whose 

14 jobs, wages, or working conditions are adversely 

15 affected by the violation who brings a complaint 

16 on behalf of such worker. 

17 ‘‘(2) AREA OF EMPLOYMENT.—The terms ‘area 

18 of employment’ and ‘area of intended employment’ 

19 mean the area within normal commuting distance of 

20 the worksite or physical location at which the work 

21 of the temporary worker is or will be performed. If 

22 such worksite or location is within a Metropolitan 

23 Statistical Area, any place within such area is 

24 deemed to be within the area of employment. 


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1 ‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

2 individual’ means, with respect to employment, an 

3 individual who is not an unauthorized alien (as de4 fined in section 274A) with respect to that employ5 ment. 

6 ‘‘(4) EMPLOY; EMPLOYEE; EMPLOYER.—The 

7 terms ‘employ’, ‘employee’, and ‘employer’ have the 

8 meanings given such terms in section 3 of the Fair 

9 Labor Standards Act of 1938 (29 U.S.C. 203). 

10 ‘‘(5) FOREIGN LABOR CONTRACTOR.—The term 

11 ‘foreign labor contractor’ means any person who for 

12 any compensation or other valuable consideration 

13 paid or promised to be paid, performs any foreign 

14 labor contracting activity. 

15 ‘‘(6) FOREIGN LABOR CONTRACTING ACTIV16 ITY.—The term ‘foreign labor contracting activity’ 

17 means recruiting, soliciting, hiring, employing, or 

18 furnishing, an individual who resides outside of the 

19 United States for employment in the United States 

20 as a nonimmigrant alien described in section 

21 101(a)(15)(H)(ii)(c). 

22 ‘‘(7) H–2C NONIMMIGRANT.—The term ‘H–2C 

23 nonimmigrant’ means a nonimmigrant described in 

24 section 101(a)(15)(H)(ii)(c). 


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1 ‘‘(8) SEPARATION FROM EMPLOYMENT.—The 

2 term ‘separation from employment’ means the work3 er’s loss of employment, other than through a dis4 charge for inadequate performance, violation of 

5 workplace rules, cause, voluntary departure, vol6 untary retirement, or the expiration of a grant or 

7 contract. The term does not include any situation in 

8 which the worker is offered, as an alternative to 

9 such loss of employment, a similar employment op10 portunity with the same employer at equivalent or 

11 higher compensation and benefits than the position 

12 from which the employee was discharged, regardless 

13 of whether the employee accepts the offer. Nothing 

14 in this paragraph shall limit an employee’s rights 

15 under a collective bargaining agreement or other em16 ployment contract. 

17 ‘‘(9) UNITED STATES WORKER.—The term 

18 ‘United States worker’ means an employee who is— 

19 ‘‘(A) a citizen or national of the United 

20 States; or 

21 ‘‘(B) an alien who is— 

22 ‘‘(i) lawfully admitted for permanent 

23 residence; 

24 ‘‘(ii) admitted as a refugee under sec25 tion 207; 


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1 ‘‘(iii) granted asylum under section 

2 208; or 

3 ‘‘(iv) otherwise authorized, under this 

4 Act or by the Secretary of Homeland Secu5 rity, to be employed in the United States.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents for the Immigration and Nationality Act (8 

8 U.S.C. 1101 et seq.) is amended by inserting after 

9 the item relating to section 218 the following: 

‘‘Sec. 218A. Admission of temporary H–2C workers.’’. 

10 (b) CREATION OF STATE IMPACT ASSISTANCE AC11 COUNT.—Section 286 (8 U.S.C. 1356) is amended by add12 ing at the end the following: 

13 ‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.—There 

14 is established in the general fund of the Treasury a sepa15 rate account, which shall be known as the ‘State Impact 

16 Aid Account’. Notwithstanding any other provision under 

17 this Act, there shall be deposited as offsetting receipts into 

18 the account all family supplemental visa and family sup19 plemental extension of status fees collected under sections 

20 218A and 218B.’’. 

21 SEC. 404. EMPLOYER OBLIGATIONS. 

22 (a) IN GENERAL.—Title II (8 U.S.C. 1201 et seq.) 

23 is amended by inserting after section 218A, as added by 

24 section 403, the following: 


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1 ‘‘SEC. 218B. EMPLOYER OBLIGATIONS. 

2 ‘‘(a) GENERAL REQUIREMENTS.—Each employer 

3 who employs an H–2C nonimmigrant shall— 

4 ‘‘(1) file a petition in accordance with sub5 section (b); and 

6 ‘‘(2) pay the appropriate fee, as determined by 

7 the Secretary of Labor. 

8 ‘‘(b) PETITION.—A petition to hire an H–2C non9 immigrant under this section shall include an attestation 

10 by the employer of the following: 

11 ‘‘(1) PROTECTION OF UNITED STATES WORK12 ERS.—The employment of an H–2C non13 immigrant— 

14 ‘‘(A) will not adversely affect the wages 

15 and working conditions of workers in the 

16 United States similarly employed; and 

17 ‘‘(B) did not and will not cause the separa18 tion from employment of a United States work19 er employed by the employer within the 180-day 

20 period beginning 90 days before the date on 

21 which the petition is filed. 

22 ‘‘(2) WAGES.— 

23 ‘‘(A) IN GENERAL.—The H–2C non24 immigrant will be paid not less than the greater 

25 of— 


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1 ‘‘(i) the actual wage level paid by the 

2 employer to all other individuals with simi3 lar experience and qualifications for the 

4 specific employment in question; or 

5 ‘‘(ii) the prevailing wage level for the 

6 occupational classification in the area of 

7 employment, taking into account experi8 ence and skill levels of employees. 

9 ‘‘(B) CALCULATION.—The wage levels 

10 under subparagraph (A) shall be calculated 

11 based on the best information available at the 

12 time of the filing of the application. 

13 ‘‘(C) PREVAILING WAGE LEVEL.—For pur14 poses of subparagraph (A)(ii), the prevailing 

15 wage level shall be determined in accordance 

16 with this subparagraph. If the job opportunity 

17 is covered by a collective bargaining agreement 

18 between a union and the employer, the pre19 vailing wage shall be the wage rate set forth in 

20 the collective bargaining agreement. If the job 

21 opportunity is not covered by such an agree22 ment, and it is in an occupation that is covered 

23 by a wage determination under a provision of 

24 subchapter IV of chapter 31 of title 40, United 

25 States Code, or the Service Contract Act of 


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1 1965 (41 U.S.C. 351 et seq.), the prevailing 

2 wage level shall be the appropriate statutory 

3 wage. 

4 ‘‘(3) WORKING CONDITIONS.—All workers in 

5 the occupation at the place of employment at which 

6 the H–2C nonimmigrant will be employed will be 

7 provided the working conditions and benefits that 

8 are normal to workers similarly employed in the area 

9 of intended employment. 

10 ‘‘(4) LABOR DISPUTE.—There is not a strike, 

11 lockout, or work stoppage in the course of a labor 

12 dispute in the occupation at the place of employment 

13 at which the H–2C nonimmigrant will be employed. 

14 If such strike, lockout, or work stoppage occurs fol15 lowing submission of the petition, the employer will 

16 provide notification in accordance with regulations 

17 promulgated by the Secretary of Labor. 

18 ‘‘(5) PROVISION OF INSURANCE.—If the posi19 tion for which the H–2C nonimmigrant is sought is 

20 not covered by the State workers’ compensation law, 

21 the employer will provide, at no cost to the H–2C 

22 nonimmigrant, insurance covering injury and disease 

23 arising out of, and in the course of, the worker’s em24 ployment, which will provide benefits at least equal 


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1 to those provided under the State workers’ com2 pensation law for comparable employment. 

3 ‘‘(6) NOTICE TO EMPLOYEES.— 

4 ‘‘(A) IN GENERAL.—The employer has pro5 vided notice of the filing of the petition to the 

6 bargaining representative of the employer’s em7 ployees in the occupational classification and 

8 area of employment for which the H–2C non9 immigrant is sought. 

10 ‘‘(B) NO BARGAINING REPRESENTATIVE.— 

11 If there is no such bargaining representative, 

12 the employer has— 

13 ‘‘(i) posted a notice of the filing of the 

14 petition in a conspicuous location at the 

15 place or places of employment for which 

16 the H–2C nonimmigrant is sought; or 

17 ‘‘(ii) electronically disseminated such 

18 a notice to the employer’s employees in the 

19 occupational classification for which the 

20 H–2C nonimmigrant is sought. 

21 ‘‘(7) RECRUITMENT.—Except where the Sec22 retary of Labor has determined that there is a 

23 shortage of United States workers in the occupation 

24 and area of intended employment for which the H– 

25 2C nonimmigrant is sought— 


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1 ‘‘(A) there are not sufficient workers who 

2 are able, willing, and qualified, and who will be 

3 available at the time and place needed, to per4 form the labor or services involved in the peti5 tion; and 

6 ‘‘(B) good faith efforts have been taken to 

7 recruit United States workers, in accordance 

8 with regulations promulgated by the Secretary 

9 of Labor, which efforts included— 

10 ‘‘(i) the completion of recruitment 

11 during the period beginning on the date 

12 that is 90 days before the date on which 

13 the petition was filed with the Department 

14 of Homeland Security and ending on the 

15 date that is 14 days before such filing 

16 date; and 

17 ‘‘(ii) the actual wage paid by the em18 ployer for the occupation in the areas of 

19 intended employment was used in con20 ducting recruitment. 

21 ‘‘(8) INELIGIBILITY.—The employer is not cur22 rently ineligible from using the H–2C nonimmigrant 

23 program described in this section. 


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1 ‘‘(9) BONAFIDE OFFER OF EMPLOYMENT.—The 

2 job for which the H–2C nonimmigrant is sought is 

3 a bona fide job— 

4 ‘‘(A) for which the employer needs labor or 

5 services; 

6 ‘‘(B) which has been and is clearly open to 

7 any United States worker; and 

8 ‘‘(C) for which the employer will be able to 

9 place the H–2C nonimmigrant on the payroll. 

10 ‘‘(10) PUBLIC AVAILABILITY AND RECORDS RE11 TENTION.—A copy of each petition filed under this 

12 section and documentation supporting each attesta13 tion, in accordance with regulations promulgated by 

14 the Secretary of Labor, will— 

15 ‘‘(A) be provided to every H–2C non16 immigrant employed under the petition; 

17 ‘‘(B) be made available for public examina18 tion at the employer’s place of business or work 

19 site; 

20 ‘‘(C) be made available to the Secretary of 

21 Labor during any audit; and 

22 ‘‘(D) remain available for examination for 

23 5 years after the date on which the petition is 

24 filed. 


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1 ‘‘(11) NOTIFICATION UPON SEPARATION FROM

2 OR TRANSFER OF EMPLOYMENT.—The employer will 

3 notify the Secretary of Labor and the Secretary of 

4 Homeland Security of an H–2C nonimmigrant’s sep5 aration from employment or transfer to another em6 ployer not more than 3 business days after the date 

7 of such separation or transfer, in accordance with 

8 regulations promulgated by the Secretary of Home9 land Security. 

10 ‘‘(12) ACTUAL NEED FOR LABOR OR SERV11 ICES.—The petition was filed not more than 60 days 

12 before the date on which the employer needed labor 

13 or services for which the H–2C nonimmigrant is 

14 sought. 

15 ‘‘(c) AUDIT OF ATTESTATIONS.— 

16 ‘‘(1) REFERRALS BY SECRETARY OF HOMELAND

17 SECURITY.—The Secretary of Homeland Security 

18 shall refer all approved petitions for H–2C non19 immigrants to the Secretary of Labor for potential 

20 audit. 

21 ‘‘(2) AUDITS AUTHORIZED.—The Secretary of 

22 Labor may audit any approved petition referred pur23 suant to paragraph (1), in accordance with regula24 tions promulgated by the Secretary of Labor. 

25 ‘‘(d) INELIGIBLE EMPLOYERS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

2 Security shall not approve an employer’s petitions, 

3 applications, certifications, or attestations under any 

4 immigrant or nonimmigrant program if the Sec5 retary of Labor determines, after notice and an op6 portunity for a hearing, that the employer submit7 ting such documents— 

8 ‘‘(A) has, with respect to the attestations 

9 required under subsection (b)— 

10 ‘‘(i) misrepresented a material fact; 

11 ‘‘(ii) made a fraudulent statement; or 

12 ‘‘(iii) failed to comply with the terms 

13 of such attestations; or 

14 ‘‘(B) failed to cooperate in the audit proc15 ess in accordance with regulations promulgated 

16 by the Secretary of Labor. 

17 ‘‘(2) LENGTH OF INELIGIBILITY.—An employer 

18 described in paragraph (1) shall be ineligible to par19 ticipate in the labor certification programs of the 

20 Secretary of Labor for not less than the time period 

21 determined by the Secretary, not to exceed 3 years. 

22 ‘‘(3) EMPLOYERS IN HIGH UNEMPLOYMENT

23 AREAS.—Beginning on the date that is 1 year after 

24 the date of the enactment of the Initial Entry, Ad25 justment, and Citizenship Assistance Grant Act of 


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1 2006, the Secretary of Homeland Security may not 

2 approve any employer’s petition under subsection (b) 

3 if the work to be performed by the H–2C non4 immigrant is located in a metropolitan or 

5 micropolitan statistical area (as defined by the Of6 fice of Management and Budget) in which the unem7 ployment rate for unskilled and low-skilled workers 

8 during the most recently completed 6-month period 

9 averaged more than 11.0 percent. 

10 ‘‘(e) REGULATION OF FOREIGN LABOR CONTRAC11 TORS.— 

12 ‘‘(1) COVERAGE.—Notwithstanding any other 

13 provision of law, an H–2C nonimmigrant may not be 

14 treated as an independent contractor. 

15 ‘‘(2) APPLICABILITY OF LAWS.—An H–2C non16 immigrant shall not be denied any right or any rem17 edy under Federal, State, or local labor or employ18 ment law that would be applicable to a United 

19 States worker employed in a similar position with 

20 the employer because of the alien’s status as a non21 immigrant worker. 

22 ‘‘(3) TAX RESPONSIBILITIES.—With respect to 

23 each employed H–2C nonimmigrant, an employer 

24 shall comply with all applicable Federal, State, and 

25 local tax and revenue laws. 


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1 ‘‘(f) WHISTLEBLOWER PROTECTION.—It shall be un2 lawful for an employer or a labor contractor of an H–2C 

3 nonimmigrant to intimidate, threaten, restrain, coerce, re4 taliate, discharge, or in any other manner, discriminate 

5 against an employee or former employee because the em6 ployee or former employee— 

7 ‘‘(1) discloses information to the employer or 

8 any other person that the employee or former em9 ployee reasonably believes demonstrates a violation 

10 of this Act; or 

11 ‘‘(2) cooperates or seeks to cooperate in an in12 vestigation or other proceeding concerning compli13 ance with the requirements of this Act. 

14 ‘‘(g) LABOR RECRUITERS.— 

15 ‘‘(1) IN GENERAL.—Each employer that en16 gages in foreign labor contracting activity and each 

17 foreign labor contractor shall ascertain and disclose, 

18 to each such worker who is recruited for employment 

19 at the time of the worker’s recruitment— 

20 ‘‘(A) the place of employment; 

21 ‘‘(B) the compensation for the employ22 ment; 

23 ‘‘(C) a description of employment activi24 ties; 

25 ‘‘(D) the period of employment; 


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1 ‘‘(E) any other employee benefit to be pro2 vided and any costs to be charged for each ben3 efit; 

4 ‘‘(F) any travel or transportation expenses 

5 to be assessed; 

6 ‘‘(G) the existence of any labor organizing 

7 effort, strike, lockout, or other labor dispute at 

8 the place of employment; 

9 ‘‘(H) the existence of any arrangement 

10 with any owner, employer, foreign contractor, 

11 or its agent where such person receives a com12 mission from the provision of items or services 

13 to workers; 

14 ‘‘(I) the extent to which workers will be 

15 compensated through workers’ compensation, 

16 private insurance, or otherwise for injuries or 

17 death, including— 

18 ‘‘(i) work related injuries and death 

19 during the period of employment; 

20 ‘‘(ii) the name of the State workers’ 

21 compensation insurance carrier or the 

22 name of the policyholder of the private in23 surance; 


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1 ‘‘(iii) the name and the telephone 

2 number of each person who must be noti3 fied of an injury or death; and 

4 ‘‘(iv) the time period within which 

5 such notice must be given; 

6 ‘‘(J) any education or training to be pro7 vided or required, including— 

8 ‘‘(i) the nature and cost of such train9 ing; 

10 ‘‘(ii) the entity that will pay such 

11 costs; and 

12 ‘‘(iii) whether the training is a condi13 tion of employment, continued employ14 ment, or future employment; and 

15 ‘‘(K) a statement, in a form specified by 

16 the Secretary of Labor, describing the protec17 tions of this Act for workers recruited abroad. 

18 ‘‘(2) FALSE OR MISLEADING INFORMATION.— 

19 No foreign labor contractor or employer who en20 gages in foreign labor contracting activity shall 

21 knowingly provide material false or misleading infor22 mation to any worker concerning any matter re23 quired to be disclosed in paragraph (1). 

24 ‘‘(3) LANGUAGES.—The information required to 

25 be disclosed under paragraph (1) shall be provided 


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1 in writing in English or, as necessary and reason2 able, in the language of the worker being recruited. 

3 The Secretary of Labor shall make forms available 

4 in English, Spanish, and other languages, as nec5 essary, which may be used in providing workers with 

6 information required under this section. 

7 ‘‘(4) FEES.—A person conducting a foreign 

8 labor contracting activity shall not assess any fee to 

9 a worker for such foreign labor contracting activity. 

10 ‘‘(5) TERMS.—No employer or foreign labor 

11 contractor shall, without justification, violate the 

12 terms of any agreement made by that contractor or 

13 employer regarding employment under this program. 

14 ‘‘(6) TRAVEL COSTS.—If the foreign labor con15 tractor or employer charges the employee for trans16 portation such transportation costs shall be reason17 able. 

18 ‘‘(7) OTHER WORKER PROTECTIONS.— 

19 ‘‘(A) NOTIFICATION.—Not less frequently 

20 than once every 2 years, each employer shall 

21 notify the Secretary of Labor of the identity of 

22 any foreign labor contractor engaged by the em23 ployer in any foreign labor contractor activity 

24 for, or on behalf of, the employer. 


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1 ‘‘(B) REGISTRATION OF FOREIGN LABOR

2 CONTRACTORS.— 

3 ‘‘(i) IN GENERAL.—No person shall 

4 engage in foreign labor recruiting activity 

5 unless such person has a certificate of reg6 istration from the Secretary of Labor 

7 specifying the activities that such person is 

8 authorized to perform. An employer who 

9 retains the services of a foreign labor con10 tractor shall only use those foreign labor 

11 contractors who are registered under this 

12 subparagraph. 

13 ‘‘(ii) ISSUANCE.—The Secretary shall 

14 promulgate regulations to establish an effi15 cient electronic process for the investiga16 tion and approval of an application for a 

17 certificate of registration of foreign labor 

18 contractors not later than 14 days after 

19 such application is filed, including— 

20 ‘‘(I) requirements under para21 graphs (1), (4), and (5) of section 102 

22 of the Migrant and Seasonal Agricul23 tural Worker Protection Act (29 

24 U.S.C. 1812); 


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1 ‘‘(II) an expeditious means to up2 date registrations and renew certifi3 cates; and 

4 ‘‘(III) any other requirements 

5 that the Secretary may prescribe. 

6 ‘‘(iii) TERM.—Unless suspended or re7 voked, a certificate under this subpara8 graph shall be valid for 2 years. 

9 ‘‘(iv) REFUSAL TO ISSUE; REVOCA10 TION; SUSPENSION.—In accordance with 

11 regulations promulgated by the Secretary 

12 of Labor, the Secretary may refuse to issue 

13 or renew, or may suspend or revoke, a cer14 tificate of registration under this subpara15 graph if— 

16 ‘‘(I) the application or holder of 

17 the certification has knowingly made a 

18 material misrepresentation in the ap19 plication for such certificate; 

20 ‘‘(II) the applicant for, or holder 

21 of, the certification is not the real 

22 party in interest in the application or 

23 certificate of registration and the real 

24 party in interest— 


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1 ‘‘(aa) is a person who has 

2 been refused issuance or renewal 

3 of a certificate; 

4 ‘‘(bb) has had a certificate 

5 suspended or revoked; or 

6 ‘‘(cc) does not qualify for a 

7 certificate under this paragraph; 

8 or 

9 ‘‘(III) the applicant for or holder 

10 of the certification has failed to com11 ply with this Act. 

12 ‘‘(C) REMEDY FOR VIOLATIONS.—An em13 ployer engaging in foreign labor contracting ac14 tivity and a foreign labor contractor that vio15 lates the provisions of this subsection shall be 

16 subject to remedies for foreign labor contractor 

17 violations under subsections (h) and (i). If a 

18 foreign labor contractor acting as an agent of 

19 an employer violates any provision of this sub20 section, the employer shall also be subject to 

21 remedies under subsections (h) and (i). An em22 ployer that violates a provision of this sub23 section relating to employer obligations shall be 

24 subject to remedies under subsections (h) and 

25 (i). 


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1 ‘‘(D) EMPLOYER NOTIFICATION.—An em2 ployer shall notify the Secretary of Labor if the 

3 employer becomes aware of a violation of this 

4 subsection by a foreign labor recruiter. 

5 ‘‘(E) WRITTEN AGREEMENTS.—A foreign 

6 labor contractor may not violate the terms of 

7 any written agreements made with an employer 

8 relating to any contracting activity or worker 

9 protection under this subsection. 

10 ‘‘(F) BONDING REQUIREMENT.—The Sec11 retary of Labor may require a foreign labor 

12 contractor to post a bond in an amount suffi13 cient to ensure the protection of individuals re14 cruited by the foreign labor contractor. The 

15 Secretary may consider the extent to which the 

16 foreign labor contractor has sufficient ties to 

17 the United States to adequately enforce this 

18 subsection. 

19 ‘‘(h) ENFORCEMENT.— 

20 ‘‘(1) IN GENERAL.—The Secretary of Labor 

21 shall promulgate regulations for the receipt, inves22 tigation, and disposition of complaints by an ag23 grieved person respecting a violation of this section. 

24 ‘‘(2) FILING DEADLINE.—No investigation or 

25 hearing shall be conducted on a complaint conVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 cerning a violation under this section unless the 

2 complaint was filed not later than 12 months after 

3 the date of such violation. 

4 ‘‘(3) REASONABLE CAUSE.—The Secretary of 

5 Labor shall conduct an investigation under this sub6 section if there is reasonable cause to believe that a 

7 violation of this section has occurred. The process 

8 established under this subsection shall provide that, 

9 not later than 30 days after a complaint is filed, the 

10 Secretary shall determine if there is reasonable 

11 cause to find such a violation. 

12 ‘‘(4) NOTICE AND HEARING.— 

13 ‘‘(A) IN GENERAL.—Not later than 60 

14 days after the Secretary of Labor makes a de15 termination of reasonable cause under para16 graph (4), the Secretary shall issue a notice to 

17 the interested parties and offer an opportunity 

18 for a hearing on the complaint, in accordance 

19 with section 556 of title 5, United States Code. 

20 ‘‘(B) COMPLAINT.—If the Secretary of 

21 Labor, after receiving a complaint under this 

22 subsection, does not offer the aggrieved party 

23 or organization an opportunity for a hearing 

24 under subparagraph (A), the Secretary shall no25 tify the aggrieved party or organization of such 


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1 determination and the aggrieved party or orga2 nization may seek a hearing on the complaint 

3 in accordance with such section 556. 

4 ‘‘(C) HEARING DEADLINE.—Not later than 

5 60 days after the date of a hearing under this 

6 paragraph, the Secretary of Labor shall make a 

7 finding on the matter in accordance with para8 graph (5). 

9 ‘‘(5) ATTORNEYS’ FEES.—A complainant who 

10 prevails with respect to a claim under this sub11 section shall be entitled to an award of reasonable 

12 attorneys’ fees and costs. 

13 ‘‘(6) POWER OF THE SECRETARY.—The Sec14 retary may bring an action in any court of com15 petent jurisdiction— 

16 ‘‘(A) to seek remedial action, including in17 junctive relief; 

18 ‘‘(B) to recover the damages described in 

19 subsection (i); or 

20 ‘‘(C) to ensure compliance with terms and 

21 conditions described in subsection (g). 

22 ‘‘(7) SOLICITOR OF LABOR.—Except as pro23 vided in section 518(a) of title 28, United States 

24 Code, the Solicitor of Labor may appear for and rep25 resent the Secretary of Labor in any civil litigation 


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1 brought under this subsection. All such litigation 

2 shall be subject to the direction and control of the 

3 Attorney General. 

4 ‘‘(8) PROCEDURES IN ADDITION TO OTHER

5 RIGHTS OF EMPLOYEES.—The rights and remedies 

6 provided to workers under this section are in addi7 tion to any other contractual or statutory rights and 

8 remedies of the workers, and are not intended to 

9 alter or affect such rights and remedies. 

10 ‘‘(i) PENALTIES.— 

11 ‘‘(1) IN GENERAL.—If, after notice and an op12 portunity for a hearing, the Secretary of Labor finds 

13 a violation of subsection (b), (e), (f), or (g), the Sec14 retary may impose administrative remedies and pen15 alties, including— 

16 ‘‘(A) back wages; 

17 ‘‘(B) benefits; and 

18 ‘‘(C) civil monetary penalties. 

19 ‘‘(2) CIVIL PENALTIES.—The Secretary of 

20 Labor may impose, as a civil penalty— 

21 ‘‘(A) for a violation of subsection (e) or 

22 (f)— 

23 ‘‘(i) a fine in an amount not to exceed 

24 $2,000 per violation per affected worker; 


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1 ‘‘(ii) if the violation was willful viola2 tion, a fine in an amount not to exceed 

3 $5,000 per violation per affected worker; 

4 ‘‘(iii) if the violation was willful and if 

5 in the course of such violation a United 

6 States worker was harmed, a fine in an 

7 amount not to exceed $25,000 per viola8 tion per affected worker; and 

9 ‘‘(B) for a violation of subsection (g)— 

10 ‘‘(i) a fine in an amount not less than 

11 $500 and not more than $4,000 per viola12 tion per affected worker; 

13 ‘‘(ii) if the violation was willful, a fine 

14 in an amount not less than $2,000 and not 

15 more than $5,000 per violation per af16 fected worker; and 

17 ‘‘(iii) if the violation was willful and if 

18 in the course of such violation a United 

19 States worker was harmed, a fine in an 

20 amount not less than $6,000 and not more 

21 than $35,000 per violation per affected 

22 worker. 

23 ‘‘(3) USE OF CIVIL PENALTIES.—All penalties 

24 collected under this subsection shall be deposited in 

25 the Treasury in accordance with section 286(w). 


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1 ‘‘(4) CRIMINAL PENALTIES.—If a willful and 

2 knowing violation of subsection (g) causes extreme 

3 physical or financial harm to an individual, the per4 son in violation of such subsection may be impris5 oned for not more than 6 months, fined in an 

6 amount not more than $35,000, or both.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 is amended by inserting after the item relating to section 

9 218A, as added by section 403, the following: 

‘‘Sec. 218B. Employer obligations.’’. 

10 SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. 

11 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

12 is amended by inserting after section 218B, as added by 

13 section 404, the following: 

14 ‘‘SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. 

15 ‘‘(a) ESTABLISHMENT.—The Secretary of Homeland 

16 Security, in consultation with the Secretary of Labor, the 

17 Secretary of State, and the Commission of Social Security, 

18 shall develop and implement a program (referred to in this 

19 section as the ‘alien employment management system’) to 

20 manage and track the employment of aliens described in 

21 sections 218A and 218D. 

22 ‘‘(b) REQUIREMENTS.—The alien employment man23 agement system shall— 

24 ‘‘(1) provide employers who seek employees with 

25 an opportunity to recruit and advertise employment 


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1 opportunities available to United States workers be2 fore hiring an H–2C nonimmigrant; 

3 ‘‘(2) collect sufficient information from employ4 ers to enable the Secretary of Homeland Security to 

5 determine— 

6 ‘‘(A) if the nonimmigrant is employed; 

7 ‘‘(B) which employers have hired an H–2C 

8 nonimmigrant; 

9 ‘‘(C) the number of H–2C nonimmigrants 

10 that an employer is authorized to hire and is 

11 currently employing; 

12 ‘‘(D) the occupation, industry, and length 

13 of time that an H–2C nonimmigrant has been 

14 employed in the United States; 

15 ‘‘(3) allow employers to request approval of 

16 multiple H–2C nonimmigrant workers; and 

17 ‘‘(4) permit employers to submit applications 

18 under this section in an electronic form.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 for the Immigration and Nationality Act (8 U.S.C. 1101 

21 et seq.) is amended by inserting after the item relating 

22 to section 218B, as added by section 404, the following: 

‘‘Sec. 218C. Alien employment management system.’’. 

23 SEC. 406. RULEMAKING; EFFECTIVE DATE. 

24 (a) RULEMAKING.—Not later than 6 months after 

25 the date of enactment of this Act, the Secretary of Labor 


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1 shall promulgate regulations, in accordance with the notice 

2 and comment provisions of section 553 of title 5, United 

3 States Code, to carry out the provisions of sections 218A, 

4 218B, and 218C, as added by this Act. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 sections 403, 404, and 405 shall take effect on the date 

7 that is 1 year after the date of the enactment of this Act 

8 with regard to aliens, who, on such effective date, are in 

9 the foreign country where they maintain residence. 

10 SEC. 407. RECRUITMENT OF UNITED STATES WORKERS. 

11 (a) ELECTRONIC JOB REGISTRY.—The Secretary of 

12 Labor shall establish a publicly accessible Web page on 

13 the Internet website of the Department of Labor that pro14 vides a single Internet link to each State workforce agen15 cy’s statewide electronic registry of jobs available through16 out the United States to United States workers. 

17 (b) RECRUITMENT OF UNITED STATES WORKERS.— 

18 (1) POSTING.—An employer shall attest that 

19 the employer has posted an employment opportunity 

20 at a prevailing wage level (as described in section 

21 218B(b)(2)(C) of the Immigration and Nationality 

22 Act). 

23 (2) RECORDS.—An employer shall maintain 

24 records for not less than 1 year after the date on 

25 which an H–2C nonimmigrant is hired that describe 


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1 the reasons for not hiring any of the United States 

2 workers who may have applied for such position. 

3 (c) OVERSIGHT AND MAINTENANCE OF RECORDS.— 

4 The Secretary of Labor shall promulgate regulations re5 garding the maintenance of electronic job registry records 

6 for the purpose of audit or investigation. 

7 (d) ACCESS TO ELECTRONIC JOB REGISTRY.—The 

8 Secretary of Labor shall ensure that job opportunities ad9 vertised on an electronic job registry established under 

10 this section are accessible— 

11 (1) by the State workforce agencies, which may 

12 further disseminate job opportunity information to 

13 other interested parties; and 

14 (2) through the Internet, for access by workers, 

15 employers, labor organizations, and other interested 

16 parties. 

17 SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM 

18 TASK FORCE. 

19 (a) ESTABLISHMENT.—There is established a task 

20 force to be known as the ‘‘Temporary Worker Task 

21 Force’’ (referred to in this section as the ‘‘Task Force’’). 

22 (b) PURPOSES.—The purposes of the Task Force 

23 are— 

24 (1) to study the impact of the admission of 

25 aliens under section 101(a)(15)(ii)(c) on the wages, 


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1 working conditions, and employment of United 

2 States workers; and 

3 (2) to make recommendations to the Secretary 

4 of Labor regarding the need for an annual numerical 

5 limitation on the number of aliens that may be ad6 mitted in any fiscal year under section 

7 101(a)(15)(ii)(c). 

8 (c) MEMBERSHIP.— 

9 (1) IN GENERAL.—The Task Force shall be 

10 composed of 10 members, of whom— 

11 (A) 1 shall be appointed by the President 

12 and shall serve as chairman of the Task Force; 

13 (B) 1 shall be appointed by the leader of 

14 the minority party in the Senate, in consulta15 tion with the leader of the minority party in the 

16 House of Representatives, and shall serve as 

17 vice chairman of the Task Force; 

18 (C) 2 shall be appointed by the majority 

19 leader of the Senate; 

20 (D) 2 shall be appointed by the minority 

21 leader of the Senate; 

22 (E) 2 shall be appointed by the Speaker of 

23 the House of Representatives; and 

24 (F) 2 shall be appointed by the minority 

25 leader of the House of Representatives. 


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1 (2) DEADLINE FOR APPOINTMENT.—All mem2 bers of the Task Force shall be appointed not later 

3 than 6 months after the date of the enactment of 

4 this Act. 

5 (3) VACANCIES.—Any vacancy in the Task 

6 Force shall not affect its powers, but shall be filled 

7 in the same manner in which the original appoint8 ment was made. 

9 (4) QUORUM.—Six members of the Task Force 

10 shall constitute a quorum. 

11 (d) QUALIFICATIONS.— 

12 (1) IN GENERAL.—Members of the Task Force 

13 shall be— 

14 (A) individuals with expertise in economics, 

15 demography, labor, business, or immigration or 

16 other pertinent qualifications or experience; and 

17 (B) representative of a broad cross-section 

18 of perspectives within the United States, includ19 ing the public and private sectors and aca20 demia. 

21 (2) POLITICAL AFFILIATION.—Not more than 5 

22 members of the Task Force may be members of the 

23 same political party. 

24 (3) NONGOVERNMENTAL APPOINTEES.—An in25 dividual appointed to the Task Force may not be an 


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1 officer or employee of the Federal Government or of 

2 any State or local government. 

3 (e) MEETINGS.— 

4 (1) INITIAL MEETING.—The Task Force shall 

5 meet and begin the operations of the Task Force as 

6 soon as practicable. 

7 (2) SUBSEQUENT MEETINGS.—After its initial 

8 meeting, the Task Force shall meet upon the call of 

9 the chairman or a majority of its members. 

10 (f) REPORT.—Not later than 18 months after the 

11 date of the enactment of this Act, the Task Force shall 

12 submit, to Congress, the Secretary of Labor, and the Sec13 retary, a report that contains— 

14 (1) findings with respect to the duties of the 

15 Task Force; and 

16 (2) recommendations for imposing a numerical 

17 limit. 

18 (g) NUMERICAL LIMITATIONS.—Section 214(g)(1) (8 

19 U.S.C. 1184(g)(1)) is amended— 

20 (1) in subparagraph (B), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(C) under section 101(a)(15)(H)(ii)(c) 

24 may not exceed— 


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1 ‘‘(i) 325,000 for the first fiscal year 

2 in which the program is implemented; 

3 ‘‘(ii) in any subsequent fiscal year— 

4 ‘‘(I) if the total number of visas 

5 allocated for that fiscal year are allot6 ted within the first quarter of that fis7 cal year, then an additional 20 per8 cent of the allocated number shall be 

9 made available immediately and the 

10 allocated amount for the following fis11 cal year shall increase by 20 percent 

12 of the original allocated amount in the 

13 prior fiscal year; 

14 ‘‘(II) if the total number of visas 

15 allocated for that fiscal year are allot16 ted within the second quarter of that 

17 fiscal year, then an additional 15 per18 cent of the allocated number shall be 

19 made available immediately and the 

20 allocated amount for the following fis21 cal year shall increase by 15 percent 

22 of the original allocated amount in the 

23 prior fiscal year; 

24 ‘‘(III) if the total number of visas 

25 allocated for that fiscal year are allotVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 ted within the third quarter of that 

2 fiscal year, then an additional 10 per3 cent of the allocated number shall be 

4 made available immediately and the 

5 allocated amount for the following fis6 cal year shall increase by 10 percent 

7 of the original allocated amount in the 

8 prior fiscal year; 

9 ‘‘(IV) if the total number of visas 

10 allocated for that fiscal year are allot11 ted within the last quarter of that fis12 cal year, then the allocated amount 

13 for the following fiscal year shall in14 crease by 10 percent of the original 

15 allocated amount in the prior fiscal 

16 year; and 

17 ‘‘(V) with the exception of the 

18 first subsequent fiscal year to the fis19 cal year in which the program is im20 plemented, if fewer visas were allotted 

21 the previous fiscal year than the num22 ber of visas allocated for that year 

23 and the reason was not due to proc24 essing delays or delays in promul25 gating regulations, then the allocated 


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1 amount for the following fiscal year 

2 shall decrease by 10 percent of the al3 located amount in the prior fiscal 

4 year.’’. 

5 (h) ADJUSTMENT TO LAWFUL PERMANENT RESI6 DENT STATUS.—Section 245 (8 U.S.C. 1255) is amended 

7 by adding at the end the following: 

8 ‘‘(n)(1) For purposes of adjustment of status under 

9 subsection (a), employment-based immigrant visas shall be 

10 made available to an alien having nonimmigrant status de11 scribed in section 101(a)(15)(H)(ii)(c) upon the filing of 

12 a petition for such a visa— 

13 ‘‘(A) by the alien’s employer; or 

14 ‘‘(B) by the alien, if the alien has maintained 

15 such nonimmigrant status in the United States for 

16 a cumulative total of 4 years. 

17 ‘‘(2) An alien having nonimmigrant status described 

18 in section 101(a)(15)(H)(ii)(c) may not apply for adjust19 ment of status under this section unless the alien— 

20 ‘‘(A) is physically present in the United States; 

21 and 

22 ‘‘(B) the alien establishes that the alien— 

23 ‘‘(i) meets the requirements of section 312; 

24 or 


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1 ‘‘(ii) is satisfactorily pursuing a course of 

2 study to achieve such an understanding of 

3 English and knowledge and understanding of 

4 the history and government of the United 

5 States. 

6 ‘‘(3) An alien who demonstrates that the alien meets 

7 the requirements of section 312 may be considered to have 

8 satisfied the requirements of that section for purposes of 

9 becoming naturalized as a citizen of the United States 

10 under title III. 

11 ‘‘(4) Filing a petition under paragraph (1) on behalf 

12 of an alien or otherwise seeking permanent residence in 

13 the United States for such alien shall not constitute evi14 dence of the alien’s ineligibility for nonimmigrant status 

15 under section 101(a)(15)(H)(ii)(c). 

16 ‘‘(5) The Secretary of Homeland Security shall ex17 tend, in 1-year increments, the stay of an alien for whom 

18 a labor certification petition filed under section 203(b) or 

19 an immigrant visa petition filed under section 204(b) is 

20 pending until a final decision is made on the alien’s lawful 

21 permanent residence. 

22 ‘‘(6) Nothing in this subsection shall be construed to 

23 prevent an alien having nonimmigrant status described in 

24 section 101(a)(15)(H)(ii)(c) from filing an application for 


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1 adjustment of status under this section in accordance with 

2 any other provision of law.’’. 

3 SEC. 409. REQUIREMENTS FOR PARTICIPATING COUN4 TRIES. 

5 (a) IN GENERAL.—The Secretary of State, in co6 operation with the Secretary and the Attorney General, 

7 shall negotiate with each home country of aliens described 

8 in section 101(a)(15)(H)(ii)(c) of the Immigration and 

9 Nationality Act, as added by section 402, to enter into 

10 a bilateral agreement with the United States that con11 forms to the requirements under subsection (b). 

12 (b) REQUIREMENTS OF BILATERAL AGREEMENTS.— 

13 Each agreement negotiated under subsection (a) shall re14 quire the participating home country to— 

15 (1) accept the return of nationals who are or16 dered removed from the United States within 3 days 

17 of such removal; 

18 (2) cooperate with the United States Govern19 ment to— 

20 (A) identify, track, and reduce gang mem21 bership, violence, and human trafficking and 

22 smuggling; and 

23 (B) control illegal immigration; 

24 (3) provide the United States Government 

25 with— 


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1 (A) passport information and criminal 

2 records of aliens who are seeking admission to, 

3 or are present in, the United States; and 

4 (B) admission and entry data to facilitate 

5 United States entry-exit data systems; and 

6 (4) educate nationals of the home country re7 garding United States temporary worker programs 

8 to ensure that such nationals are not exploited; and 

9 (5) evaluate means to provide housing incen10 tives in the alien’s home country for returning work11 ers. 

12 SEC. 410. S VISAS. 

13 (a) EXPANSION OF S VISA CLASSIFICATION.—Sec14 tion 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amend15 ed— 

16 (1) in clause (i)— 

17 (A) by striking ‘‘Attorney General’’ each 

18 place that term appears and inserting ‘‘Sec19 retary of Homeland Security’’; 

20 (B) in subclause (I), by inserting before 

21 the semicolon, ‘, including a criminal enterprise 

22 undertaken by a foreign government, its agents, 

23 representatives, or officials’; 

24 (C) in subclause (III), by inserting ‘‘where 

25 the information concerns a criminal enterprise 


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1 undertaken by an individual or organization 

2 that is not a foreign government, its agents, 

3 representatives, or officials,’’ before ‘‘whose’’; 

4 and 

5 (D) by striking ‘‘or’’ at the end; and 

6 (2) in clause (ii)— 

7 (A) by striking ‘‘Attorney General’’ and in8 serting ‘‘Secretary of Homeland Security’’; and 

9 (B) by striking ‘‘1956,’’ and all that fol10 lows through ‘‘the alien;’’ and inserting the fol11 lowing: ‘‘1956; or 

12 ‘‘(iii) who the Secretary of Homeland Se13 curity and the Secretary of State, in consulta14 tion with the Director of Central Intelligence, 

15 jointly determine— 

16 ‘‘(I) is in possession of critical reliable 

17 information concerning the activities of 

18 governments or organizations, or their 

19 agents, representatives, or officials, with 

20 respect to weapons of mass destruction 

21 and related delivery systems, if such gov22 ernments or organizations are at risk of 

23 developing, selling, or transferring such 

24 weapons or related delivery systems; and 


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1 ‘‘(II) is willing to supply or has sup2 plied, fully and in good faith, information 

3 described in subclause (I) to appropriate 

4 persons within the United States Govern5 ment; 

6 ‘‘and, if the Secretary of Homeland Security (or 

7 with respect to clause (ii), the Secretary of State 

8 and the Secretary of Homeland Security jointly) 

9 considers it to be appropriate, the spouse, married 

10 and unmarried sons and daughters, and parents of 

11 an alien described in clause (i), (ii), or (iii) if accom12 panying, or following to join, the alien;’’. 

13 (b) NUMERICAL LIMITATION.—Section 214(k)(1) (8 

14 U.S.C. 1184(k)(1)) is amended by striking ‘‘The number 

15 of aliens’’ and all that follows through the period and in16 serting the following: ‘‘The number of aliens who may be 

17 provided a visa as nonimmigrants under section 

18 101(a)(15)(S) in any fiscal year may not exceed 1,000.’’. 

19 (c) REPORTS.— 

20 (1) CONTENT.—Paragraph (4) of section 

21 214(k) (8 U.S.C. 1184(k)) is amended— 

22 (A) in the matter preceding subparagraph 

23 (A)— 


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1 (i) by striking ‘‘The Attorney Gen2 eral’’ and inserting ‘‘The Secretary of 

3 Homeland Security’’; and 

4 (ii) by striking ‘‘concerning—’’ and 

5 inserting ‘‘that includes—’’; 

6 (B) in subparagraph (D), by striking 

7 ‘‘and’’; 

8 (C) in subparagraph (E), by striking the 

9 period at the end and inserting ‘‘; and’’; and 

10 (D) by inserting at the end the following: 

11 ‘‘(F) in the event that the total number of such 

12 nonimmigrants admitted is fewer than 25 percent of 

13 the total number provided for under paragraph (1) 

14 of this subsection— 

15 ‘‘(i) the reasons why the number of such 

16 nonimmigrants admitted is fewer than 25 per17 cent of that provided for by law; 

18 ‘‘(ii) the efforts made by the Secretary of 

19 Homeland Security to admit such non20 immigrants; and 

21 ‘‘(iii) any extenuating circumstances that 

22 contributed to the admission of a number of 

23 such nonimmigrants that is fewer than 25 per24 cent of that provided for by law.’’. 


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1 (2) FORM OF REPORT.—Section 214(k) (8 

2 U.S.C. 1184(k)) is amended by adding at the end 

3 the following new paragraph: 

4 ‘‘(5) To the extent required by law and if it is 

5 in the interests of national security or the security 

6 of such nonimmigrants that are admitted, as deter7 mined by the Secretary of Homeland Security, the 

8 information contained in a report described in para9 graph (4) may be classified, and the Secretary of 

10 Homeland Security shall, to the extent feasible, sub11 mit a non-classified version of the report to the 

12 Committee on the Judiciary of the House of Rep13 resentatives and the Committee on the Judiciary of 

14 the Senate.’’. 

15 SEC. 411. L VISA LIMITATIONS. 

16 Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amend17 ed— 

18 (1) by striking ‘‘Attorney General’’ each place 

19 it appears and inserting ‘‘Secretary of Homeland Se20 curity’’; 

21 (2) in subparagraph (E), by striking ‘‘In the 

22 case’’ and inserting ‘‘Except as provided in subpara23 graph (H), in the case’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(G)(i) If the beneficiary of a petition under 

2 this subsection is coming to the United States to 

3 open, or be employed in, a new facility, the petition 

4 may be approved for a period not to exceed 12 

5 months only if the employer operating the new facil6 ity has— 

7 ‘‘(I) a business plan; 

8 ‘‘(II) sufficient physical premises to carry 

9 out the proposed business activities; and 

10 ‘‘(III) the financial ability to commence 

11 doing business immediately upon the approval 

12 of the petition. 

13 ‘‘(ii) An extension of the approval period under 

14 clause (i) may not be granted until the importing 

15 employer submits to the Secretary of Homeland Se16 curity— 

17 ‘‘(I) evidence that the importing employer 

18 meets the requirements of this subsection; 

19 ‘‘(II) evidence that the beneficiary meets 

20 the requirements of section 101(a)(15)(L); 

21 ‘‘(III) a statement summarizing the origi22 nal petition; 

23 ‘‘(IV) evidence that the importing employer 

24 has fully complied with the business plan sub25 mitted under clause (i); 


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1 ‘‘(V) evidence of the truthfulness of any 

2 representations made in connection with the fil3 ing of the original petition; 

4 ‘‘(VI) evidence that the importing em5 ployer, during the previous 12 months, has been 

6 doing business at the new facility through reg7 ular, systematic, and continuous provision of 

8 goods or services, or has otherwise been taking 

9 commercially reasonable steps to establish the 

10 new facility as a commercial enterprise; 

11 ‘‘(VII) a statement of the duties the bene12 ficiary has performed at the new facility during 

13 the previous 12 months and the duties the ben14 eficiary will perform at the new facility during 

15 the extension period approved under this clause; 

16 ‘‘(VIII) a statement describing the staffing 

17 at the new facility, including the number of em18 ployees and the types of positions held by such 

19 employees; 

20 ‘‘(IX) evidence of wages paid to employees 

21 if the beneficiary will be employed in a manage22 rial or executive capacity; 

23 ‘‘(X) evidence of the financial status of the 

24 new facility; and 


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1 ‘‘(XI) any other evidence or data pre2 scribed by the Secretary. 

3 ‘‘(iii) Notwithstanding subclauses (I) through 

4 (VI) of clause (ii) and subject to the maximum pe5 riod of authorized admission set forth in subpara6 graph (D), the Secretary of Homeland Security may 

7 approve a subsequently filed petition on behalf of the 

8 beneficiary to continue employment at the facility 

9 described in this subsection for a period beyond the 

10 initially granted 12-month period if the importing 

11 employer demonstrates that the failure to satisfy any 

12 of the requirements described in those subclauses 

13 was directly caused by extraordinary circumstances 

14 beyond the control of the importing employer. 

15 ‘‘(H)(i) The Secretary of Homeland Security 

16 may not authorize the spouse of an alien described 

17 under section 101(a)(15)(L), who is a dependent of 

18 a beneficiary under subparagraph (G), to engage in 

19 employment in the United States during the initial 

20 9-month period described in subparagraph (G)(i). 

21 ‘‘(ii) A spouse described in clause (i) may be 

22 provided employment authorization upon the ap23 proval of an extension under subparagraph (G)(ii). 

24 ‘‘(I) For purposes of determining the eligibility 

25 of an alien for classification under Section 


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1 101(a)(15)(L) of this Act, the Secretary of Home2 land Security shall establish a program to work co3 operatively with the Department of State to verify a 

4 company or facility’s existence in the United States 

5 and abroad.’’. 

6 SEC. 412. COMPLIANCE INVESTIGATORS. 

7 The Secretary of Labor shall, subject to the avail8 ability of appropriations for such purpose, annually in9 crease, by not less than 2,000, the number of positions 

10 for compliance investigators dedicated to enforcing compli11 ance with this title, and the amendments made by this 

12 title. 

13 SEC. 413. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to the Sec15 retary such sums as may be necessary to carry out this 

16 subtitle and the amendments made by this subtitle for the 

17 first fiscal year beginning before the date of enactment 

18 of this Act and each of the subsequent fiscal years begin19 ning not more than 7 years after the effective date of the 

20 regulations promulgated by the Secretary to implement 

21 this subtitle. 


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1 Subtitle B—Immigration Injunction 

2 Reform 

3 SEC. 421. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Fairness in Immi5 gration Litigation Act of 2006’’. 

6 SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION 

7 LEGISLATION. 

8 (a) REQUIREMENTS FOR AN ORDER GRANTING PRO9 SPECTIVE RELIEF AGAINST THE GOVERNMENT.— 

10 (1) IN GENERAL.—If a court determines that 

11 prospective relief should be ordered against the Gov12 ernment in any civil action pertaining to the admin13 istration or enforcement of the immigration laws of 

14 the United States, the court shall— 

15 (A) limit the relief to the minimum nec16 essary to correct the violation of law; 

17 (B) adopt the least intrusive means to cor18 rect the violation of law; 

19 (C) minimize, to the greatest extent prac20 ticable, the adverse impact on national security, 

21 border security, immigration administration and 

22 enforcement, and public safety, and 

23 (D) provide for the expiration of the relief 

24 on a specific date, which is not later than the 


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1 earliest date necessary for the Government to 

2 remedy the violation. 

3 (2) WRITTEN EXPLANATION.—The require4 ments described in subsection (1) shall be discussed 

5 and explained in writing in the order granting pro6 spective relief and must be sufficiently detailed to 

7 allow review by another court. 

8 (3) EXPIRATION OF PRELIMINARY INJUNCTIVE

9 RELIEF.—Preliminary injunctive relief shall auto10 matically expire on the date that is 90 days after the 

11 date on which such relief is entered, unless the 

12 court— 

13 (A) makes the findings required under 

14 paragraph (1) for the entry of permanent pro15 spective relief; and 

16 (B) makes the order final before expiration 

17 of such 90-day period. 

18 (4) REQUIREMENTS FOR ORDER DENYING MO19 TION.—This subsection shall apply to any order de20 nying the Government’s motion to vacate, modify, 

21 dissolve or otherwise terminate an order granting 

22 prospective relief in any civil action pertaining to the 

23 administration or enforcement of the immigration 

24 laws of the United States. 


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1 (b) PROCEDURE FOR MOTION AFFECTING ORDER

2 GRANTING PROSPECTIVE RELIEF AGAINST THE GOVERN3 MENT.— 

4 (1) IN GENERAL.—A court shall promptly rule 

5 on the Government’s motion to vacate, modify, dis6 solve or otherwise terminate an order granting pro7 spective relief in any civil action pertaining to the 

8 administration or enforcement of the immigration 

9 laws of the United States. 

10 (2) AUTOMATIC STAYS.— 

11 (A) IN GENERAL.—The Government’s mo12 tion to vacate, modify, dissolve, or otherwise 

13 terminate an order granting prospective relief 

14 made in any civil action pertaining to the ad15 ministration or enforcement of the immigration 

16 laws of the United States shall automatically, 

17 and without further order of the court, stay the 

18 order granting prospective relief on the date 

19 that is 15 days after the date on which such 

20 motion is filed unless the court previously has 

21 granted or denied the Government’s motion. 

22 (B) DURATION OF AUTOMATIC STAY.—An 

23 automatic stay under subparagraph (A) shall 

24 continue until the court enters an order grant25 ing or denying the Government’s motion. 


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1 (C) POSTPONEMENT.—The court, for good 

2 cause, may postpone an automatic stay under 

3 subparagraph (A) for not longer than 15 days. 

4 (D) ORDERS BLOCKING AUTOMATIC

5 STAYS.—Any order staying, suspending, delay6 ing, or otherwise barring the effective date of 

7 the automatic stay described in subparagraph 

8 (A), other than an order to postpone the effec9 tive date of the automatic stay for not longer 

10 than 15 days under subparagraph (C), shall 

11 be— 

12 (i) treated as an order refusing to va13 cate, modify, dissolve or otherwise termi14 nate an injunction; and 

15 (ii) immediately appealable under sec16 tion 1292(a)(1) of title 28, United States 

17 Code. 

18 (c) SETTLEMENTS.— 

19 (1) CONSENT DECREES.—In any civil action 

20 pertaining to the administration or enforcement of 

21 the immigration laws of the United States, the court 

22 may not enter, approve, or continue a consent decree 

23 that does not comply with subsection (a). 

24 (2) PRIVATE SETTLEMENT AGREEMENTS.— 

25 Nothing in this section shall preclude parties from 


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1 entering into a private settlement agreement that 

2 does not comply with subsection (a) if the terms of 

3 that agreement are not subject to court enforcement 

4 other than reinstatement of the civil proceedings 

5 that the agreement settled. 

6 (d) DEFINITIONS.—In this section: 

7 (1) CONSENT DECREE.—The term ‘‘consent de8 cree’’— 

9 (A) means any relief entered by the court 

10 that is based in whole or in part on the consent 

11 or acquiescence of the parties; and 

12 (B) does not include private settlements. 

13 (2) GOOD CAUSE.—The term ‘‘good cause’’ 

14 does not include discovery or congestion of the 

15 court’s calendar. 

16 (3) GOVERNMENT.—The term ‘‘Government’’ 

17 means the United States, any Federal department or 

18 agency, or any Federal agent or official acting with19 in the scope of official duties. 

20 (4) PERMANENT RELIEF.—The term ‘‘perma21 nent relief’’ means relief issued in connection with a 

22 final decision of a court. 

23 (5) PRIVATE SETTLEMENT AGREEMENT.—The 

24 term ‘‘private settlement agreement’’ means an 

25 agreement entered into among the parties that is not 


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1 subject to judicial enforcement other than the rein2 statement of the civil action that the agreement set3 tled. 

4 (6) PROSPECTIVE RELIEF.—The term ‘‘pro5 spective relief’’ means temporary, preliminary, or 

6 permanent relief other than compensatory monetary 

7 damages. 

8 (e) EXPEDITED PROCEEDINGS.—It shall be the duty 

9 of every court to advance on the docket and to expedite 

10 the disposition of any civil action or motion considered 

11 under this section. 

12 SEC. 423. EFFECTIVE DATE. 

13 (a) IN GENERAL.—This subtitle shall apply with re14 spect to all orders granting prospective relief in any civil 

15 action pertaining to the administration or enforcement of 

16 the immigration laws of the United States, whether such 

17 relief was ordered before, on, or after the date of the en18 actment of this Act. 

19 (b) PENDING MOTIONS.—Every motion to vacate, 

20 modify, dissolve or otherwise terminate an order granting 

21 prospective relief in any such action, which motion is 

22 pending on the date of the enactment of this Act, shall 

23 be treated as if it had been filed on such date of enact24 ment. 

25 (c) AUTOMATIC STAY FOR PENDING MOTIONS.— 


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1 (1) IN GENERAL.—An automatic stay with re2 spect to the prospective relief that is the subject of 

3 a motion described in subsection (b) shall take effect 

4 without further order of the court on the date which 

5 is 10 days after the date of the enactment of this 

6 Act if the motion— 

7 (A) was pending for 45 days as of the date 

8 of the enactment of this Act; and 

9 (B) is still pending on the date which is 10 

10 days after such date of enactment. 

11 (2) DURATION OF AUTOMATIC STAY.—An auto12 matic stay that takes effect under paragraph (1) 

13 shall continue until the court enters an order grant14 ing or denying the Government’s motion under sec15 tion 422(b). There shall be no further postponement 

16 of the automatic stay with respect to any such pend17 ing motion under section 422(b)(2). Any order, stay18 ing, suspending, delaying or otherwise barring the 

19 effective date of this automatic stay with respect to 

20 pending motions described in subsection (b) shall be 

21 an order blocking an automatic stay subject to im22 mediate appeal under section 422(b)(2)(D). 


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1 TITLE V—BACKLOG REDUCTION 

2 SEC. 501. ELIMINATION OF EXISTING BACKLOGS. 

3 (a) FAMILY-SPONSORED IMMIGRANTS.—Section 

4 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: 

5 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

6 IMMIGRANTS.—The worldwide level of family-sponsored 

7 immigrants under this subsection for a fiscal year is equal 

8 to the sum of— 

9 ‘‘(1) 480,000; 

10 ‘‘(2) the difference between the maximum num11 ber of visas authorized to be issued under this sub12 section during the previous fiscal year and the num13 ber of visas issued during the previous fiscal year; 

14 ‘‘(3) the difference between— 

15 ‘‘(A) the maximum number of visas au16 thorized to be issued under this subsection dur17 ing fiscal years 2001 through 2005 minus the 

18 number of visas issued under this subsection 

19 during those fiscal years; and 

20 ‘‘(B) the number of visas calculated under 

21 subparagraph (A) that were issued after fiscal 

22 year 2005.’’. 

23 (b) EMPLOYMENT-BASED IMMIGRANTS.—Section 

24 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 


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1 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

2 IMMIGRANTS.— 

3 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

4 the worldwide level of employment-based immigrants 

5 under this subsection for a fiscal year is equal to the 

6 sum of— 

7 ‘‘(A)(i) 450,000, for each of the fiscal 

8 years 2007 through 2016; or 

9 ‘‘(ii) 290,000, for fiscal year 2017 and 

10 each subsequent fiscal year; 

11 ‘‘(B) the difference between the maximum 

12 number of visas authorized to be issued under 

13 this subsection during the previous fiscal year 

14 and the number of visas issued during the pre15 vious fiscal year; and 

16 ‘‘(C) the difference between— 

17 ‘‘(i) the maximum number of visas au18 thorized to be issued under this subsection 

19 during fiscal years 2001 through 2005 and 

20 the number of visa numbers issued under 

21 this subsection during those fiscal years; 

22 and 

23 ‘‘(ii) the number of visas calculated 

24 under clause (i) that were issued after fis25 cal year 2005. 


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1 ‘‘(2) VISAS FOR SPOUSES AND CHILDREN.—Im2 migrant visas issued on or after October 1, 2004, to 

3 spouses and children of employment-based immi4 grants shall not be counted against the numerical 

5 limitation set forth in paragraph (1).’’. 

6 SEC. 502. COUNTRY LIMITS. 

7 Section 202(a) (8 U.S.C. 1152(a)) is amended— 

8 (1) in paragraph (2)— 

9 (A) by striking ‘‘, (4), and (5)’’ and insert10 ing ‘‘and (4)’’; and 

11 (B) by striking ‘‘7 percent (in the case of 

12 a single foreign state) or 2 percent’’ and insert13 ing ‘‘10 percent (in the case of a single foreign 

14 state) or 5 percent’’; and 

15 (2) by striking paragraph (5). 

16 SEC. 503. ALLOCATION OF IMMIGRANT VISAS. 

17 (a) PREFERENCE ALLOCATION FOR FAMILY-SPON18 SORED IMMIGRANTS.—Section 203(a) (8 U.S.C. 1153(a)) 

19 is amended to read as follows: 

20 ‘‘(a) PREFERENCE ALLOCATIONS FOR FAMILY-SPON21 SORED IMMIGRANTS.—Aliens subject to the worldwide 

22 level specified in section 201(c) for family-sponsored immi23 grants shall be allocated visas as follows: 

24 ‘‘(1) UNMARRIED SONS AND DAUGHTERS OF

25 CITIZENS.—Qualified immigrants who are the unVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 married sons or daughters of citizens of the United 

2 States shall be allocated visas in a quantity not to 

3 exceed the sum of— 

4 ‘‘(A) 10 percent of such worldwide level; 

5 and 

6 ‘‘(B) any visas not required for the class 

7 specified in paragraph (4). 

8 ‘‘(2) SPOUSES AND UNMARRIED SONS AND

9 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

10 ‘‘(A) IN GENERAL.—Visas in a quantity 

11 not to exceed 50 percent of such worldwide level 

12 plus any visas not required for the class speci13 fied in paragraph (1) shall be allocated to quali14 fied immigrants who are— 

15 ‘‘(i) the spouses or children of an 

16 alien lawfully admitted for permanent resi17 dence; or 

18 ‘‘(ii) the unmarried sons or daughters 

19 of an alien lawfully admitted for perma20 nent residence. 

21 ‘‘(B) MINIMUM PERCENTAGE.—Visas allo22 cated to individuals described in subparagraph 

23 (A)(i) shall constitute not less than 77 percent 

24 of the visas allocated under this paragraph. 


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1 ‘‘(3) MARRIED SONS AND DAUGHTERS OF CITI2 ZENS.—Qualified immigrants who are the married 

3 sons and daughters of citizens of the United States 

4 shall be allocated visas in a quantity not to exceed 

5 the sum of— 

6 ‘‘(A) 10 percent of such worldwide level; 

7 and 

8 ‘‘(B) any visas not required for the classes 

9 specified in paragraphs (1) and (2). 

10 ‘‘(4) BROTHERS AND SISTERS OF CITIZENS.— 

11 Qualified immigrants who are the brothers or sisters 

12 of a citizen of the United States who is at least 21 

13 years of age shall be allocated visas in a quantity 

14 not to exceed 30 percent of the worldwide level.’’. 

15 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT16 BASED IMMIGRANTS.—Section 203(b) (8 U.S.C. 1153(b)) 

17 is amended— 

18 (1) in paragraph (1), by striking ‘‘28.6 per19 cent’’ and inserting ‘‘15 percent’’; 

20 (2) in paragraph (2)(A), by striking ‘‘28.6 per21 cent’’ and inserting ‘‘15 percent’’; 

22 (3) in paragraph (3)(A)— 

23 (A) by striking ‘‘28.6 percent’’ and insert24 ing ‘‘35 percent’’; and 

25 (B) by striking clause (iii); 


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1 (4) by striking paragraph (4); 

2 (5) by redesignating paragraph (5) as para3 graph (4); 

4 (6) in paragraph (4)(A), as redesignated, by 

5 striking ‘‘7.1 percent’’ and inserting ‘‘5 percent’’; 

6 (7) by inserting after paragraph (4), as redesig7 nated, the following: 

8 ‘‘(5) OTHER WORKERS.— 

9 ‘‘(A) IN GENERAL.—Visas shall be made 

10 available, in a number not to exceed 30 percent 

11 of such worldwide level, plus any visa numbers 

12 not required for the classes specified in para13 graphs (1) through (4), to qualified immigrants 

14 who are capable, at the time of petitioning for 

15 classification under this paragraph, of per16 forming unskilled labor that is not of a tem17 porary or seasonal nature, for which qualified 

18 workers are determined to be unavailable in the 

19 United States. 

20 ‘‘(B) PRIORITY IN ALLOCATING VISAS.—In 

21 allocating visas under subparagraph (A) for 

22 each of the fiscal years 2007 through 2017, the 

23 Secretary shall reserve 30 percent of such visas 

24 for qualified immigrants who were physically 


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1 present in the United States before January 7, 

2 2004.’’; and 

3 (8) by striking paragraph (6). 

4 (c) CONFORMING AMENDMENTS.— 

5 (1) DEFINITION OF SPECIAL IMMIGRANT.—Sec6 tion 101(a)(27)(M) (8 U.S.C. 1101(a)(27)(M)) is 

7 amended by striking ‘‘subject to the numerical limi8 tations of section 203(b)(4),’’. 

9 (2) REPEAL OF TEMPORARY REDUCTION IN

10 WORKERS’ VISAS.—Section 203(e) of the Nicaraguan 

11 Adjustment and Central American Relief Act (Public 

12 Law 105–100; 8 U.S.C. 1153 note) is repealed. 

13 SEC. 504. RELIEF FOR MINOR CHILDREN. 

14 (a) IN GENERAL.—Section 201(b)(2) (8 U.S.C. 

15 1151(b)(2)) is amended to read as follows: 

16 ‘‘(2)(A)(i) Aliens admitted under section 211(a) 

17 on the basis of a prior issuance of a visa under sec18 tion 203(a) to their accompanying parent who is an 

19 immediate relative. 

20 ‘‘(ii) In this subparagraph, the term ‘immediate 

21 relative’ means a child, spouse, or parent of a citizen 

22 of the United States (and each child of such child, 

23 spouse, or parent who is accompanying or following 

24 to join the child, spouse, or parent), except that, in 


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1 the case of parents, such citizens shall be at least 21 

2 years of age. 

3 ‘‘(iii) An alien who was the spouse of a citizen 

4 of the United States for not less than 2 years at the 

5 time of the citizen’s death and was not legally sepa6 rated from the citizen at the time of the citizen’s 

7 death, and each child of such alien, shall be consid8 ered, for purposes of this subsection, to remain an 

9 immediate relative after the date of the citizen’s 

10 death if the spouse files a petition under section 

11 204(a)(1)(A)(ii) before the earlier of— 

12 ‘‘(I) 2 years after such date; or 

13 ‘‘(II) the date on which the spouse remar14 ries. 

15 ‘‘(iv) In this clause, an alien who has filed a pe16 tition under clause (iii) or (iv) of section 

17 204(a)(1)(A) remains an immediate relative if the 

18 United States citizen spouse or parent loses United 

19 States citizenship on account of the abuse. 

20 ‘‘(B) Aliens born to an alien lawfully admitted 

21 for permanent residence during a temporary visit 

22 abroad.’’. 

23 (b) PETITION.—Section 204(a)(1)(A)(ii) (8 U.S.C. 

24 1154 (a)(1)(A)(ii)) is amended by striking ‘‘in the second 

25 sentence of section 201(b)(2)(A)(i) also’’ and inserting ‘‘in 


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1 section 201(b)(2)(A)(iii) or an alien child or alien parent 

2 described in the 201(b)(2)(A)(iv)’’. 

3 SEC. 505. SHORTAGE OCCUPATIONS. 

4 (a) EXCEPTION TO DIRECT NUMERICAL LIMITA5 TIONS.—Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is 

6 amended by adding at the end the following new subpara7 graph: 

8 ‘‘(F)(i) During the period beginning on the 

9 date of the enactment the Comprehensive Immi10 gration Reform Act of 2006 and ending on Sep11 tember 30, 2017, an alien— 

12 ‘‘(I) who is otherwise described in sec13 tion 203(b); and 

14 ‘‘(II) who is seeking admission to the 

15 United States to perform labor in shortage 

16 occupations designated by the Secretary of 

17 Labor for blanket certification under sec18 tion 212(a)(5)(A) due to the lack of suffi19 cient United States workers able, willing, 

20 qualified, and available for such occupa21 tions and for which the employment of 

22 aliens will not adversely affect the terms 

23 and conditions of similarly employed 

24 United States workers. 


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1 ‘‘(ii) During the period described in clause 

2 (i), the spouse or dependents of an alien de3 scribed in clause (i), if accompanying or fol4 lowing to join such alien.’’. 

5 (b) EXCEPTION TO NONDISCRIMINATION REQUIRE6 MENTS.—Section 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) 

7 is amended by striking ‘‘201(b)(2)(A)(i)’’ and inserting 

8 ‘‘201(b)’’. 

9 (c) EXCEPTION TO PER COUNTRY LEVELS FOR FAM10 ILY-SPONSORED AND EMPLOYMENT-BASED IMMI11 GRANTS.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)), as 

12 amended by section 502(1), is further amended by insert13 ing ‘‘, except for aliens described in section 201(b),’’ after 

14 ‘‘any fiscal year’’. 

15 (d) INCREASING THE DOMESTIC SUPPLY OF NURSES

16 AND PHYSICAL THERAPISTS.—Not later than January 1, 

17 2007, the Secretary of Health and Human Services 

18 shall— 

19 (1) submit to Congress a report on the source 

20 of newly licensed nurses and physical therapists in 

21 each State, which report shall— 

22 (A) include the past 3 years for which data 

23 are available; 

24 (B) provide separate data for each occupa25 tion and for each State; 


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1 (C) separately identify those receiving their 

2 initial license and those licensed by endorse3 ment from another State; 

4 (D) within those receiving their initial li5 cense in each year, identify the number who re6 ceived their professional education in the 

7 United States and those who received such edu8 cation outside the United States; and 

9 (E) to the extent possible, identify, by 

10 State of residence and country of education, the 

11 number of nurses and physical therapists who 

12 were educated in any of the 5 countries (other 

13 than the United States) from which the most 

14 nurses and physical therapists arrived; 

15 (F) identify the barriers to increasing the 

16 supply of nursing faculty, domestically trained 

17 nurses, and domestically trained physical thera18 pists; 

19 (G) recommend strategies to be followed by 

20 Federal and State governments that would be 

21 effective in removing such barriers, including 

22 strategies that address barriers to advancement 

23 to become registered nurses for other health 

24 care workers, such as home health aides and 

25 nurses assistants; 


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1 (H) recommend amendments to Federal 

2 legislation that would increase the supply of 

3 nursing faculty, domestically trained nurses, 

4 and domestically trained physical therapists; 

5 (I) recommend Federal grants, loans, and 

6 other incentives that would provide increases in 

7 nurse educators, nurse training facilities, and 

8 other steps to increase the domestic education 

9 of new nurses and physical therapists; 

10 (J) identify the effects of nurse emigration 

11 on the health care systems in their countries of 

12 origin; and 

13 (K) recommend amendments to Federal 

14 law that would minimize the effects of health 

15 care shortages in the countries of origin from 

16 which immigrant nurses arrived; 

17 (2) enter into a contract with the National 

18 Academy of Sciences Institute of Medicine to deter19 mine the level of Federal investment under titles VII 

20 and VIII of the Public Health Service Act necessary 

21 to eliminate the domestic nursing and physical ther22 apist shortage not later than 7 years from the date 

23 on which the report is published; and 

24 (3) collaborate with other agencies, as appro25 priate, in working with ministers of health or other 


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1 appropriate officials of the 5 countries from which 

2 the most nurses and physical therapists arrived, 

3 to— 

4 (A) address health worker shortages 

5 caused by emigration; 

6 (B) ensure that there is sufficient human 

7 resource planning or other technical assistance 

8 needed to reduce further health worker short9 ages in such countries. 

10 SEC. 506. RELIEF FOR WIDOWS AND ORPHANS. 

11 (a) SHORT TITLE.—This section may be cited as the 

12 ‘‘Widows and Orphans Act of 2006’’. 

13 (b) NEW SPECIAL IMMIGRANT CATEGORY.— 

14 (1) CERTAIN CHILDREN AND WOMEN AT RISK

15 OF HARM.—Section 101(a)(27) (8 U.S.C. 

16 1101(a)(27)) is amended— 

17 (A) in subparagraph (L), by inserting a 

18 semicolon at the end; 

19 (B) in subparagraph (M), by striking the 

20 period at the end and inserting ‘‘; or’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(N) subject to subsection (j), an immi23 grant who is not present in the United States— 

24 ‘‘(i) who is— 


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1 ‘‘(I) referred to a consular, immi2 gration, or other designated official by 

3 a United States Government agency, 

4 an international organization, or rec5 ognized nongovernmental entity des6 ignated by the Secretary of State for 

7 purposes of such referrals; and 

8 ‘‘(II) determined by such official 

9 to be a minor under 18 years of age 

10 (as determined under subsection 

11 (j)(5))— 

12 ‘‘(aa) for whom no parent or 

13 legal guardian is able to provide 

14 adequate care; 

15 ‘‘(bb) who faces a credible 

16 fear of harm related to his or her 

17 age; 

18 ‘‘(cc) who lacks adequate 

19 protection from such harm; and 

20 ‘‘(dd) for whom it has been 

21 determined to be in his or her 

22 best interests to be admitted to 

23 the United States; or 

24 ‘‘(ii) who is— 


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1 ‘‘(I) referred to a consular or im2 migration official by a United States 

3 Government agency, an international 

4 organization or recognized nongovern5 mental entity designated by the Sec6 retary of State for purposes of such 

7 referrals; and 

8 ‘‘(II) determined by such official 

9 to be a female who has— 

10 ‘‘(aa) a credible fear of 

11 harm related to her sex; and 

12 ‘‘(bb) a lack of adequate 

13 protection from such harm.’’. 

14 (2) STATUTORY CONSTRUCTION.—Section 101 

15 (8 U.S.C. 1101) is amended by adding at the end 

16 the following: 

17 ‘‘(j)(1) No natural parent or prior adoptive parent 

18 of any alien provided special immigrant status under sub19 section (a)(27)(N)(i) shall thereafter, by virtue of such 

20 parentage, be accorded any right, privilege, or status 

21 under this Act. 

22 ‘‘(2)(A) No alien who qualifies for a special immi23 grant visa under subsection (a)(27)(N)(ii) may apply for 

24 derivative status or petition for any spouse who is rep25 resented by the alien as missing, deceased, or the source 


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1 of harm at the time of the alien’s application and admis2 sion. The Secretary of Homeland Security may waive this 

3 requirement for an alien who demonstrates that the alien’s 

4 representations regarding the spouse were bona fide. 

5 ‘‘(B) An alien who qualifies for a special immigrant 

6 visa under subsection (a)(27)(N) may apply for derivative 

7 status or petition for any sibling under the age of 18 years 

8 or children under the age of 18 years of any such alien, 

9 if accompanying or following to join the alien. For pur10 poses of this subparagraph, a determination of age shall 

11 be made using the age of the alien on the date the petition 

12 is filed with the Department of Homeland Security. 

13 ‘‘(3) An alien who qualifies for a special immigrant 

14 visa under subsection (a)(27)(N) shall be treated in the 

15 same manner as a refugee solely for purposes of section 

16 412. 

17 ‘‘(4) The provisions of paragraphs (4), (5), and 

18 (7)(A) of section 212(a) shall not be applicable to any 

19 alien seeking admission to the United States under sub20 section (a)(27)(N), and the Secretary of Homeland Secu21 rity may waive any other provision of such section (other 

22 than paragraph 2(C) or subparagraph (A), (B), (C), or 

23 (E) of paragraph (3) with respect to such an alien for 

24 humanitarian purposes, to assure family unity, or when 

25 it is otherwise in the public interest. Any such waiver by 


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1 the Secretary of Homeland Security shall be in writing 

2 and shall be granted only on an individual basis following 

3 an investigation. The Secretary of Homeland Security 

4 shall provide for the annual reporting to Congress of the 

5 number of waivers granted under this paragraph in the 

6 previous fiscal year and a summary of the reasons for 

7 granting such waivers. 

8 ‘‘(5) For purposes of subsection (a)(27)(N)(i)(II), a 

9 determination of age shall be made using the age of the 

10 alien on the date on which the alien was referred to the 

11 consular, immigration, or other designated official. 

12 ‘‘(6) The Secretary of Homeland Security shall waive 

13 any application fee for a special immigrant visa for an 

14 alien described in section 101(a)(27)(N).’’. 

15 (3) EXPEDITED PROCESS.—Not later than 45 

16 days after the date of referral to a consular, immi17 gration, or other designated official (as described in 

18 section 101(a)(27)(N) of the Immigration and Na19 tionality Act, as added by paragraph (1))— 

20 (A) special immigrant status shall be adju21 dicated; and 

22 (B) if special immigrant status is granted, 

23 the alien shall be paroled to the United States 

24 pursuant to section 212(d)(5) of that Act (8 

25 U.S.C. 1182(d)(5)) and allowed to apply for adVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 justment of status to permanent residence 

2 under section 245 of that Act (8 U.S.C. 1255) 

3 within 1 year after the alien’s arrival in the 

4 United States. 

5 (4) REPORT TO CONGRESS.—Not later than 1 

6 year after the date of the enactment of this Act, the 

7 Secretary shall submit a report to the Committee on 

8 the Judiciary of the Senate and the Committee on 

9 the Judiciary of the House of Representatives on the 

10 progress of the implementation of this section and 

11 the amendments made by this section, including— 

12 (A) data related to the implementation of 

13 this section and the amendments made by this 

14 section; 

15 (B) data regarding the number of place16 ments of females and children who faces a cred17 ible fear of harm as referred to in section 

18 101(a)(27)(N) of the Immigration and Nation19 ality Act, as added by paragraph (1); and 

20 (C) any other information that the Sec21 retary considers appropriate. 

22 (5) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated such sums 

24 as may be necessary to carry out this subsection and 

25 the amendments made by this subsection. 


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1 (c) REQUIREMENTS FOR ALIENS.— 

2 (1) REQUIREMENT PRIOR TO ENTRY INTO THE

3 UNTIED STATES.— 

4 (A) DATABASE SEARCH.—An alien may 

5 not be admitted to the United States unless the 

6 Secretary has ensured that a search of each 

7 database maintained by an agency or depart8 ment of the United States has been conducted 

9 to determine whether such alien is ineligible to 

10 be admitted to the Untied States on criminal, 

11 security, or related grounds. 

12 (B) COOPERATION AND SCHEDULE.—The 

13 Secretary and the head of each appropriate 

14 agency or department of the United States shall 

15 work cooperatively to ensure that each database 

16 search required by subparagraph (A) is com17 pleted not later than 45 days after the date on 

18 which an alien files a petition seeking a special 

19 immigration visa under section 101(a)(27)(N) 

20 of the Immigration and Nationality Act, as 

21 added by subsection (b)(1). 

22 (2) REQUIREMENT AFTER ENTRY INTO THE

23 UNITED STATES.— 

24 (A) REQUIREMENT TO SUBMIT FINGER25 PRINTS.— 


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1 (i) IN GENERAL.—Not later than 30 

2 days after the date that an alien enters the 

3 United States, the alien shall be 

4 fingerprinted and submit to the Secretary 

5 such fingerprints and any other personal 

6 biometric data required by the Secretary. 

7 (ii) OTHER REQUIREMENTS.—The 

8 Secretary may prescribe regulations that 

9 permit fingerprints submitted by an alien 

10 under section 262 of the Immigration and 

11 Nationality Act (8 U.S.C. 1302) or any 

12 other provision of law to satisfy the re13 quirement to submit fingerprints of clause 

14 (i). 

15 (B) DATABASE SEARCH.—The Secretary 

16 shall ensure that a search of each database that 

17 contains fingerprints that is maintained by an 

18 agency or department of the United States be 

19 conducted to determine whether such alien is 

20 ineligible for an adjustment of status under any 

21 provision of the Immigration and Nationality 

22 Act (8 U.S.C. 1101 et seq.) on criminal, secu23 rity, or related grounds. 

24 (C) COOPERATION AND SCHEDULE.—The 

25 Secretary and the head of each appropriate 


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1 agency or department of the United States shall 

2 work cooperatively to ensure that each database 

3 search required by subparagraph (B) is com4 pleted not later than 180 days after the date on 

5 which the alien enters the United States. 

6 (D) ADMINISTRATIVE AND JUDICIAL RE7 VIEW.— 

8 (i) IN GENERAL.—There may be no 

9 review of a determination by the Secretary, 

10 after a search required by subparagraph 

11 (B), that an alien is ineligible for an ad12 justment of status, under any provision of 

13 the Immigration and Nationality Act (8 

14 U.S.C. 1101 et seq.) on criminal, security, 

15 or related grounds except as provided in 

16 this subparagraph. 

17 (ii) ADMINISTRATIVE REVIEW.—An 

18 alien may appeal a determination described 

19 in clause (i) through the Administrative 

20 Appeals Office of the Bureau of Citizen21 ship and Immigration Services. The Sec22 retary shall ensure that a determination on 

23 such appeal is made not later than 60 days 

24 after the date that the appeal is filed. 


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1 (iii) JUDICIAL REVIEW.—There may 

2 be no judicial review of a determination de3 scribed in clause (i). 

4 SEC. 507. STUDENT VISAS. 

5 (a) IN GENERAL.—Section 101(a)(15)(F) (8 U.S.C. 

6 1101(a)(15)(F)) is amended— 

7 (1) in clause (i)— 

8 (A) by striking ‘‘he has no intention of 

9 abandoning, who is’’ and inserting the fol10 lowing: ‘‘except in the case of an alien described 

11 in clause (iv), the alien has no intention of 

12 abandoning, who is— 

13 ‘‘(I)’’; 

14 (B) by striking ‘‘consistent with section 

15 214(l)’’ and inserting ‘‘(except for a graduate 

16 program described in clause (iv)) consistent 

17 with section 214(m)’’; 

18 (C) by striking the comma at the end and 

19 inserting the following: ‘‘; or 

20 ‘‘(II) engaged in temporary employment 

21 for optional practical training related to the 

22 alien’s area of study, which practical training 

23 shall be authorized for a period or periods of up 

24 to 24 months;’’; 

25 (2) in clause (ii)— 


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1 (A) by inserting ‘‘or (iv)’’ after ‘‘clause 

2 (i)’’; and 

3 (B) by striking ‘‘, and’’ and inserting a 

4 semicolon; 

5 (3) in clause (iii), by adding ‘‘and’’ at the end; 

6 and 

7 (4) by adding at the end the following: 

8 ‘‘(iv) an alien described in clause (i) 

9 who has been accepted and plans to attend 

10 an accredited graduate program in mathe11 matics, engineering, technology, or the 

12 sciences in the United States for the pur13 pose of obtaining an advanced degree.’’. 

14 (b) ADMISSION OF NONIMMIGRANTS.—Section 

15 214(b) (8 U.S.C. 1184(b)) is amended by striking ‘‘sub16 paragraph (L) or (V)’’ and inserting ‘‘subparagraph 

17 (F)(iv), (L), or (V)’’. 

18 (c) REQUIREMENTS FOR F–4 VISA.—Section 214(m) 

19 (8 U.S.C. 1184(m)) is amended— 

20 (1) by inserting before paragraph (1) the fol21 lowing: 

22 ‘‘(m) NONIMMIGRANT ELEMENTARY, SECONDARY, 

23 AND POST-SECONDARY SCHOOL STUDENTS.—’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(3) A visa issued to an alien under section 

2 101(a)(15)(F)(iv) shall be valid— 

3 ‘‘(A) during the intended period of study in a 

4 graduate program described in such section; 

5 ‘‘(B) for an additional period, not to exceed 1 

6 year after the completion of the graduate program, 

7 if the alien is actively pursuing an offer of employ8 ment related to the knowledge and skills obtained 

9 through the graduate program; and 

10 ‘‘(C) for the additional period necessary for the 

11 adjudication of any application for labor certifi12 cation, employment-based immigrant petition, and 

13 application under section 245(a)(2) to adjust such 

14 alien’s status to that of an alien lawfully admitted 

15 for permanent residence, if such application for 

16 labor certification or employment-based immigrant 

17 petition has been filed not later than 1 year after 

18 the completion of the graduate program.’’. 

19 (d) OFF CAMPUS WORK AUTHORIZATION FOR FOR20 EIGN STUDENTS.— 

21 (1) IN GENERAL.—Aliens admitted as non22 immigrant students described in section 

23 101(a)(15)(F) of the Immigration and Nationality 

24 Act (8 U.S.C. 1101(a)(15)(F)) may be employed in 


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1 an off-campus position unrelated to the alien’s field 

2 of study if— 

3 (A) the alien has enrolled full time at the 

4 educational institution and is maintaining good 

5 academic standing; 

6 (B) the employer provides the educational 

7 institution and the Secretary of Labor with an 

8 attestation that the employer— 

9 (i) has spent at least 21 days recruit10 ing United States citizens to fill the posi11 tion; and 

12 (ii) will pay the alien and other simi13 larly situated workers at a rate equal to 

14 not less than the greater of— 

15 (I) the actual wage level for the 

16 occupation at the place of employ17 ment; or 

18 (II) the prevailing wage level for 

19 the occupation in the area of employ20 ment; and 

21 (C) the alien will not be employed more 

22 than— 

23 (i) 20 hours per week during the aca24 demic term; or 


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1 (ii) 40 hours per week during vacation 

2 periods and between academic terms. 

3 (2) DISQUALIFICATION.—If the Secretary of 

4 Labor determines that an employer has provided an 

5 attestation under paragraph (1)(B) that is materi6 ally false or has failed to pay wages in accordance 

7 with the attestation, the employer, after notice and 

8 opportunity for a hearing, shall be disqualified from 

9 employing an alien student under paragraph (1). 

10 (e) ADJUSTMENT OF STATUS.—Section 245(a) (8 

11 U.S.C. 1255(a)) is amended to read as follows: 

12 ‘‘(a) AUTHORIZATION.— 

13 ‘‘(1) IN GENERAL.—The status of an alien, who 

14 was inspected and admitted or paroled into the 

15 United States, or who has an approved petition for 

16 classification under subparagraph (A)(iii), (A)(iv), 

17 (B)(ii), or (B)(iii) of section 204(a)(1), may be ad18 justed by the Secretary of Homeland Security or the 

19 Attorney General, under such regulations as the Sec20 retary or the Attorney General may prescribe, to 

21 that of an alien lawfully admitted for permanent res22 idence if— 

23 ‘‘(A) the alien makes an application for 

24 such adjustment; 


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1 ‘‘(B) the alien is eligible to receive an im2 migrant visa; 

3 ‘‘(C) the alien is admissible to the United 

4 States for permanent residence; and 

5 ‘‘(D) an immigrant visa is immediately 

6 available to the alien at the time the application 

7 is filed. 

8 ‘‘(2) STUDENT VISAS.—Notwithstanding the re9 quirement under paragraph (1)(D), an alien may file 

10 an application for adjustment of status under this 

11 section if— 

12 ‘‘(A) the alien has been issued a visa or 

13 otherwise provided nonimmigrant status under 

14 section 101(a)(15)(F)(iv), or would have quali15 fied for such nonimmigrant status if section 

16 101(a)(15)(F)(iv) had been enacted before such 

17 alien’s graduation; 

18 ‘‘(B) the alien has earned an advanced de19 gree in the sciences, technology, engineering, or 

20 mathematics; 

21 ‘‘(C) the alien is the beneficiary of a peti22 tion filed under subparagraph (E) or (F) of sec23 tion 204(a)(1); and 

24 ‘‘(D) a fee of $2,000 is remitted to the 

25 Secretary on behalf of the alien. 


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1 ‘‘(3) LIMITATION.—An application for adjust2 ment of status filed under this section may not be 

3 approved until an immigrant visa number becomes 

4 available.’’. 

5 (f) USE OF FEES.— 

6 (1) JOB TRAINING; SCHOLARSHIPS.—Section 

7 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by in8 serting ‘‘and 80 percent of the fees collected under 

9 section 245(a)(2)(D)’’ before the period at the end. 

10 (2) FRAUD PREVENTION AND DETECTION.— 

11 Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended 

12 by inserting ‘‘and 20 percent of the fees collected 

13 under section 245(a)(2)(D)’’ before the period at the 

14 end. 

15 SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DE16 GREES. 

17 (a) ALIENS WITH CERTAIN ADVANCED DEGREES

18 NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOY19 MENT BASED IMMIGRANTS.— 

20 (1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 

21 1151(b)(1)), as amended by section 505, is amended 

22 by adding at the end the following: 

23 ‘‘(G) Aliens who have earned an advanced 

24 degree in science, technology, engineering, or 

25 math and have been working in a related field 


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1 in the United States under a nonimmigrant visa 

2 during the 3-year period preceding their appli3 cation for an immigrant visa under section 

4 203(b). 

5 ‘‘(H) Aliens described in subparagraph (A) 

6 or (B) of section 203(b)(1)(A) or who have re7 ceived a national interest waiver under section 

8 203(b)(2)(B). 

9 ‘‘(I) The spouse and minor children of an 

10 alien who is admitted as an employment-based 

11 immigrant under section 203(b).’’. 

12 (2) APPLICABILITY.—The amendment made by 

13 paragraph (1) shall apply to any visa application— 

14 (A) pending on the date of the enactment 

15 of this Act; or 

16 (B) filed on or after such date of enact17 ment. 

18 (b) LABOR CERTIFICATION.—Section 

19 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amend20 ed— 

21 (1) in subclause (I), by striking ‘‘or’’ at the 

22 end; 

23 (2) in subclause (II), by striking the period at 

24 the end and inserting ‘‘; or’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(III) has an advanced degree in 

2 the sciences, technology, engineering, 

3 or mathematics from an accredited 

4 university in the United States and is 

5 employed in a field related to such de6 gree.’’. 

7 (c) TEMPORARY WORKERS.—Section 214(g) (8 

8 U.S.C. 1184(g)) is amended— 

9 (1) in paragraph (1)— 

10 (A) by striking ‘‘(beginning with fiscal year 

11 1992)’’; and 

12 (B) in subparagraph (A)— 

13 (i) in clause (vii), by striking ‘‘each 

14 succeeding fiscal year; or’’ and inserting 

15 ‘‘each of fiscal years 2004, 2005, and 

16 2006;’’; and 

17 (ii) by adding after clause (vii) the 

18 following: 

19 ‘‘(viii) 115,000 in the first fiscal year 

20 beginning after the date of the enactment 

21 of this clause; and 

22 ‘‘(ix) the number calculated under 

23 paragraph (9) in each fiscal year after the 

24 year described in clause (viii); or’’; 

25 (2) in paragraph (5)— 


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1 (A) in subparagraph (B), by striking ‘‘or’’ 

2 at the end; 

3 (B) in subparagraph (C), by striking the 

4 period at the end and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(D) has earned an advanced degree in 

7 science, technology, engineering, or math.’’; 

8 (3) by redesignating paragraphs (9), (10), and 

9 (11) as paragraphs (10), (11), and (12), respec10 tively; and 

11 (4) by inserting after paragraph (8) the fol12 lowing: 

13 ‘‘(9) If the numerical limitation in paragraph 

14 (1)(A)— 

15 ‘‘(A) is reached during a given fiscal year, 

16 the numerical limitation under paragraph 

17 (1)(A)(ix) for the subsequent fiscal year shall 

18 be equal to 120 percent of the numerical limita19 tion of the given fiscal year; or 

20 ‘‘(B) is not reached during a given fiscal 

21 year, the numerical limitation under paragraph 

22 (1)(A)(ix) for the subsequent fiscal year shall 

23 be equal to the numerical limitation of the given 

24 fiscal year.’’. 


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1 (d) APPLICABILITY.—The amendment made by sub2 section (c)(2) shall apply to any visa application— 

3 (1) pending on the date of the enactment of 

4 this Act; or 

5 (2) filed on or after such date of enactment. 

6 TITLE VI—WORK AUTHORIZA7 TION AND LEGALIZATION OF 

8 UNDOCUMENTED INDIVID9 UALS 

10 Subtitle A—Access to Earned Ad11 justment and Mandatory Depar12 ture and Reentry 

13 SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDA14 TORY DEPARTURE AND REENTRY. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Immigrant Accountability Act of 2006’’. 

17 (b) ADJUSTMENT OF STATUS.— 

18 (1) IN GENERAL.—Chapter 5 of title II (8 

19 U.S.C. 1255 et seq.) is amended by inserting after 

20 section 245A the following: 

21 ‘‘SEC. 245B. ACCESS TO EARNED ADJUSTMENT. 

22 ‘‘(a) ADJUSTMENT OF STATUS.— 

23 ‘‘(1) PRINCIPAL ALIENS.—Notwithstanding any 

24 other provision of law, including section 244(h) of 

25 this Act, the Secretary of Homeland Security shall 


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1 adjust to the status of an alien lawfully admitted for 

2 permanent residence, an alien who satisfies the fol3 lowing requirements: 

4 ‘‘(A) APPLICATION.—The alien shall file 

5 an application establishing eligibility for adjust6 ment of status and pay the fine required under 

7 subsection (m) and any additional amounts 

8 owed under that subsection. 

9 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 

10 ‘‘(i) IN GENERAL.—The alien shall es11 tablish that the alien— 

12 ‘‘(I) was physically present in the 

13 United States on or before the date 

14 that is 5 years before April 5, 2006; 

15 ‘‘(II) was not legally present in 

16 the United States on April 5, 2006, 

17 under any classification set forth in 

18 section 101(a)(15); and 

19 ‘‘(III) did not depart from the 

20 United States during the 5-year pe21 riod ending on April 5, 2006, except 

22 for brief, casual, and innocent depar23 tures. 

24 ‘‘(ii) LEGALLY PRESENT.—For pur25 poses of this subparagraph, an alien who 


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1 has violated any conditions of his or her 

2 visa shall be considered not to be legally 

3 present in the United States. 

4 ‘‘(C) ADMISSIBLE UNDER IMMIGRATION

5 LAWS.—The alien shall establish that the alien 

6 is not inadmissible under section 212(a) except 

7 for any provision of that section that is waived 

8 under subsection (b) of this section. 

9 ‘‘(D) EMPLOYMENT IN UNITED STATES.— 

10 ‘‘(i) IN GENERAL.—The alien shall 

11 have been employed in the United States, 

12 in the aggregate, for— 

13 ‘‘(I) at least 3 years during the 

14 5-year period ending on April 5, 2006; 

15 and 

16 ‘‘(II) at least 6 years after the 

17 date of enactment of the Immigrant 

18 Accountability Act of 2006. 

19 ‘‘(ii) EXCEPTIONS.— 

20 ‘‘(I) The employment require21 ment in clause (i)(I) shall not apply to 

22 an individual who is under 20 years of 

23 age on the date of enactment of the 

24 Immigrant Accountability Act of 

25 2006. 


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1 ‘‘(II) The employment require2 ment in clause (i)(II) shall be reduced 

3 for an individual who cannot dem4 onstrate employment based on a phys5 ical or mental disability or as a result 

6 of pregnancy. 

7 ‘‘(III) The employment require8 ment in clause (i)(II) shall be reduced 

9 for an individual who is under 20 

10 years of age on the date of enactment 

11 of the Immigrant Accountability Act 

12 of 2006 by a period of time equal to 

13 the time period beginning on such 

14 date of enactment and ending on the 

15 date on which the individual reaches 

16 20 years of age. 

17 ‘‘(IV) The employment require18 ments in clause (i) shall be reduced by 

19 1 year for each year of full time post20 secondary study in the United States 

21 during the relevant period. 

22 ‘‘(iii) PORTABILITY.—An alien shall 

23 not be required to complete the employ24 ment requirements in clause (i) with the 

25 same employer. 


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1 ‘‘(iv) EVIDENCE OF EMPLOYMENT.— 

2 ‘‘(I) CONCLUSIVE DOCUMENTS.— 

3 For purposes of satisfying the require4 ments in clause (i), the alien shall 

5 submit at least 2 of the following doc6 uments for each period of employ7 ment, which shall be considered con8 clusive evidence of such employment: 

9 ‘‘(aa) Records maintained by 

10 the Social Security Administra11 tion. 

12 ‘‘(bb) Records maintained by 

13 an employer, such as pay stubs, 

14 time sheets, or employment work 

15 verification. 

16 ‘‘(cc) Records maintained by 

17 the Internal Revenue Service. 

18 ‘‘(dd) Records maintained 

19 by a union or day labor center. 

20 ‘‘(ee) Records maintained by 

21 any other government agency, 

22 such as worker compensation 

23 records, disability records, or 

24 business licensing records. 


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1 ‘‘(II) OTHER DOCUMENTS.— 

2 Aliens unable to submit documents 

3 described in subclause (I) shall submit 

4 at least 3 other types of reliable docu5 ments, including sworn declarations, 

6 for each period of employment to sat7 isfy the requirement in clause (i). 

8 ‘‘(III) INTENT OF CONGRESS.—It 

9 is the intent of Congress that the re10 quirement in clause (i) be interpreted 

11 and implemented in a manner that 

12 recognizes and takes into account the 

13 difficulties encountered by aliens in 

14 obtaining evidence of employment due 

15 to the undocumented status of the 

16 alien. 

17 ‘‘(v) BURDEN OF PROOF.—An alien 

18 applying for adjustment of status under 

19 this subsection has the burden of proving 

20 by a preponderance of the evidence that 

21 the alien has satisfied the employment re22 quirements in clause (i). An alien may sat23 isfy such burden of proof by producing suf24 ficient evidence to show the extent of that 

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1 sonable inference. Once the burden is met, 

2 the burden shall shift to the Secretary of 

3 Homeland Security to disprove the alien’s 

4 evidence with a showing which negates the 

5 reasonableness of the inference to be 

6 drawn from the evidence. 

7 ‘‘(E) PAYMENT OF INCOME TAXES.—Not 

8 later than the date on which status is adjusted 

9 under this subsection, the alien shall establish 

10 the payment of all Federal and State income 

11 taxes owed for employment during the period of 

12 employment required under subparagraph 

13 (D)(i). The alien may satisfy such requirement 

14 by establishing that— 

15 ‘‘(i) no such tax liability exists; 

16 ‘‘(ii) all outstanding liabilities have 

17 been met; or 

18 ‘‘(iii) the alien has entered into an 

19 agreement for payment of all outstanding 

20 liabilities with the Internal Revenue Serv21 ice and with the department of revenue of 

22 each State to which taxes are owed. 

23 ‘‘(F) BASIC CITIZENSHIP SKILLS.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), the alien shall dem3 onstrate that the alien either— 

4 ‘‘(I) meets the requirements of 

5 section 312(a) (relating to minimal 

6 understanding of ordinary English 

7 and a knowledge and understanding 

8 of the history and Government of the 

9 United States); or 

10 ‘‘(II) is satisfactorily pursuing a 

11 course of study, recognized by the 

12 Secretary of Homeland Security, to 

13 achieve such understanding of English 

14 and the history and Government of 

15 the United States. 

16 ‘‘(ii) EXCEPTIONS.— 

17 ‘‘(I) MANDATORY.—The require18 ments of clause (i) shall not apply to 

19 any person who is unable to comply 

20 with those requirements because of a 

21 physical or developmental disability or 

22 mental impairment. 

23 ‘‘(II) DISCRETIONARY.—The Sec24 retary of Homeland Security may 

25 waive all or part of the requirements 


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1 of clause (i) in the case of an alien 

2 who is 65 years of age or older as of 

3 the date of the filing of the applica4 tion for adjustment of status. 

5 ‘‘(G) SECURITY AND LAW ENFORCEMENT

6 CLEARANCES.—The alien shall submit finger7 prints in accordance with procedures estab8 lished by the Secretary of Homeland Security. 

9 Such fingerprints shall be submitted to relevant 

10 Federal agencies to be checked against existing 

11 databases for information relating to criminal, 

12 national security, or other law enforcement ac13 tions that would render the alien ineligible for 

14 adjustment of status under this subsection. The 

15 relevant Federal agencies shall work to ensure 

16 that such clearances are completed within 90 

17 days of the submission of fingerprints. An ap18 peal of a security clearance determination by 

19 the Secretary of Homeland Security shall be 

20 processed through the Department of Home21 land Security. 

22 ‘‘(H) MILITARY SELECTIVE SERVICE.—The 

23 alien shall establish that if the alien is within 

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1 lective Service Act (50 U.S.C. App. 451 et seq.) 

2 that such alien has registered under that Act. 

3 ‘‘(I) ADJUSTMENT OF STATUS.—An alien 

4 may not adjust to an immigrant classification 

5 under this section until after the earlier of— 

6 ‘‘(i) the consideration of all applica7 tions filed under section 201, 202, or 203 

8 before the date of enactment of this sec9 tion; or 

10 ‘‘(ii) 8 years after the date of enact11 ment of this section. 

12 ‘‘(2) SPOUSES AND CHILDREN.— 

13 ‘‘(A) IN GENERAL.— 

14 ‘‘(i) ADJUSTMENT OF STATUS.—Not15 withstanding any other provision of law, 

16 the Secretary of Homeland Security shall, 

17 if otherwise eligible under subparagraph 

18 (B), adjust the status to that of a lawful 

19 permanent resident for— 

20 ‘‘(I) the spouse, or child who was 

21 under 21 years of age on the date of 

22 enactment of the Immigrant Account23 ability Act of 2006, of an alien who 

24 adjusts status or is eligible to adjust 


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1 status to that of a permanent resident 

2 under paragraph (1); or 

3 ‘‘(II) an alien who, within 5 

4 years preceding the date of enactment 

5 of the Immigrant Accountability Act 

6 of 2006, was the spouse or child of an 

7 alien who adjusts status to that of a 

8 permanent resident under paragraph 

9 (1), if— 

10 ‘‘(aa) the termination of the 

11 qualifying relationship was con12 nected to domestic violence; or 

13 ‘‘(bb) the spouse or child 

14 has been battered or subjected to 

15 extreme cruelty by the spouse or 

16 parent who adjusts status or is 

17 eligible to adjust status to that of 

18 a permanent resident under para19 graph (1). 

20 ‘‘(ii) APPLICATION OF OTHER LAW.— 

21 In acting on applications filed under this 

22 paragraph with respect to aliens who have 

23 been battered or subjected to extreme cru24 elty, the Secretary of Homeland Security 

25 shall apply the provisions of section 


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1 204(a)(1)(J) and the protections, prohibi2 tions, and penalties under section 384 of 

3 the Illegal Immigration Reform and Immi4 grant Responsibility Act of 1996 (8 U.S.C. 

5 1367). 

6 ‘‘(B) GROUNDS OF INADMISSIBILITY NOT

7 APPLICABLE.—In establishing admissibility to 

8 the United States, the spouse or child described 

9 in subparagraph (A) shall establish that they 

10 are not inadmissible under section 212(a), ex11 cept for any provision of that section that is 

12 waived under subsection (b) of this section. 

13 ‘‘(C) SECURITY AND LAW ENFORCEMENT

14 CLEARANCE.—The spouse or child, if that child 

15 is 14 years of age or older, described in sub16 paragraph (A) shall submit fingerprints in ac17 cordance with procedures established by the 

18 Secretary of Homeland Security. Such finger19 prints shall be submitted to relevant Federal 

20 agencies to be checked against existing data21 bases for information relating to criminal, na22 tional security, or other law enforcement actions 

23 that would render the alien ineligible for adjust24 ment of status under this subsection. The rel25 evant Federal agencies shall work to ensure 


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1 that such clearances are completed within 90 

2 days of the submission of fingerprints. An ap3 peal of a denial by the Secretary of Homeland 

4 Security shall be processed through the Depart5 ment of Homeland Security. 

6 ‘‘(3) NONAPPLICABILITY OF NUMERICAL LIMI7 TATIONS.—When an alien is granted lawful perma8 nent resident status under this subsection, the num9 ber of immigrant visas authorized to be issued under 

10 any provision of this Act shall not be reduced. 

11 ‘‘(b) GROUNDS OF INADMISSIBILITY.— 

12 ‘‘(1) APPLICABLE PROVISIONS.—In the deter13 mination of an alien’s admissibility under para14 graphs (1)(C) and (2) of subsection (a), the fol15 lowing provisions of section 212(a) shall apply and 

16 may not be waived by the Secretary of Homeland 

17 Security under paragraph (3)(A): 

18 ‘‘(A) Paragraph (1) (relating to health). 

19 ‘‘(B) Paragraph (2) (relating to criminals). 

20 ‘‘(C) Paragraph (3) (relating to security 

21 and related grounds). 

22 ‘‘(D) Subparagraphs (A) and (C) of para23 graph (10) (relating to polygamists and child 

24 abductors). 


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1 ‘‘(2) GROUNDS OF INADMISSIBILITY NOT APPLI2 CABLE.—The provisions of paragraphs (5), (6)(A), 

3 (6)(B), (6)(C), (6)(F), (6)(G), (7), (9), and (10)(B) 

4 of section 212(a) shall not apply to an alien who is 

5 applying for adjustment of status under subsection 

6 (a). 

7 ‘‘(3) WAIVER OF OTHER GROUNDS.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 paragraph (1), the Secretary of Homeland Se10 curity may waive any provision of section 

11 212(a) in the case of individual aliens for hu12 manitarian purposes, to ensure family unity, or 

13 when it is otherwise in the public interest. 

14 ‘‘(B) CONSTRUCTION.—Nothing in this 

15 paragraph shall be construed as affecting the 

16 authority of the Secretary of Homeland Secu17 rity, other than under this subparagraph, to 

18 waive the provisions of section 212(a). 

19 ‘‘(4) SPECIAL RULE FOR DETERMINATION OF

20 PUBLIC CHARGE.—An alien is not ineligible for ad21 justment of status under subsection (a) by reason of 

22 a ground of inadmissibility under section 212(a)(4) 

23 if the alien establishes a history of employment in 

24 the United States evidencing self-support without 

25 public cash assistance. 


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1 ‘‘(5) SPECIAL RULE FOR INDIVIDUALS WHERE

2 THERE IS NO COMMERCIAL PURPOSE.—An alien is 

3 not ineligible for adjustment of status under sub4 section (a) by reason of a ground of inadmissibility 

5 under section 212(a)(6)(E) if the alien establishes 

6 that the action referred to in that section was taken 

7 for humanitarian purposes, to ensure family unity, 

8 or was otherwise in the public interest. 

9 ‘‘(6) APPLICABILITY OF OTHER PROVISIONS.— 

10 Section 241(a)(5) and section 240B(d) shall not 

11 apply with respect to an alien who is applying for 

12 adjustment of status under subsection (a). 

13 ‘‘(c) TREATMENT OF APPLICANTS.— 

14 ‘‘(1) IN GENERAL.—An alien who files an appli15 cation under subsection (a)(1)(A) for adjustment of 

16 status, including a spouse or child who files for ad17 justment of status under subsection (b)— 

18 ‘‘(A) shall be granted employment author19 ization pending final adjudication of the alien’s 

20 application for adjustment of status; 

21 ‘‘(B) shall be granted permission to travel 

22 abroad pursuant to regulation pending final ad23 judication of the alien’s application for adjust24 ment of status; 


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1 ‘‘(C) shall not be detained, determined in2 admissible or deportable, or removed pending 

3 final adjudication of the alien’s application for 

4 adjustment of status, unless the alien commits 

5 an act which renders the alien ineligible for 

6 such adjustment of status; and 

7 ‘‘(D) shall not be considered an unauthor8 ized alien as defined in section 274A(h)(3) until 

9 such time as employment authorization under 

10 subparagraph (A) is denied. 

11 ‘‘(2) DOCUMENT OF AUTHORIZATION.—The 

12 Secretary of Homeland Security shall provide each 

13 alien described in paragraph (1) with a counterfeit14 resistant document of authorization that— 

15 ‘‘(A) meets all current requirements estab16 lished by the Secretary of Homeland Security 

17 for travel documents, including the require18 ments under section 403 of the Illegal Immigra19 tion Reform and Immigrant Responsibility Act 

20 of 1996 (8 U.S.C. 1324a note); and 

21 ‘‘(B) reflects the benefits and status set 

22 forth in paragraph (1). 

23 ‘‘(3) SECURITY AND LAW ENFORCEMENT

24 CLEARANCE.—Before an alien is granted employ25 ment authorization or permission to travel under 


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1 paragraph (1), the alien shall be required to undergo 

2 a name check against existing databases for infor3 mation relating to criminal, national security, or 

4 other law enforcement actions. The relevant Federal 

5 agencies shall work to ensure that such name checks 

6 are completed not later than 90 days after the date 

7 on which the name check is requested. 

8 ‘‘(4) TERMINATION OF PROCEEDINGS.—An 

9 alien in removal proceedings who establishes prima 

10 facie eligibility for adjustment of status under sub11 section (a) shall be entitled to termination of the 

12 proceedings pending the outcome of the alien’s appli13 cation, unless the removal proceedings are based on 

14 criminal or national security grounds. 

15 ‘‘(d) APPREHENSION BEFORE APPLICATION PE16 RIOD.—The Secretary of Homeland Security shall provide 

17 that in the case of an alien who is apprehended before 

18 the beginning of the application period described in sub19 section (a) and who can establish prima facie eligibility 

20 to have the alien’s status adjusted under that subsection 

21 (but for the fact that the alien may not apply for such 

22 adjustment until the beginning of such period), until the 

23 alien has had the opportunity during the first 180 days 

24 of the application period to complete the filing of an appli25 cation for adjustment, the alien may not be removed from 


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1 the United States unless the alien is removed on the basis 

2 that the alien has engaged in criminal conduct or is a 

3 threat to the national security of the United States. 

4 ‘‘(e) CONFIDENTIALITY OF INFORMATION.— 

5 ‘‘(1) IN GENERAL.—Except as otherwise pro6 vided in this section, no Federal agency or bureau, 

7 nor any officer or employee of such agency or bu8 reau, may— 

9 ‘‘(A) use the information furnished by the 

10 applicant pursuant to an application filed under 

11 paragraph (1) or (2) of subsection (a) for any 

12 purpose other than to make a determination on 

13 the application; 

14 ‘‘(B) make any publication through which 

15 the information furnished by any particular ap16 plicant can be identified; or 

17 ‘‘(C) permit anyone other than the sworn 

18 officers and employees of such agency, bureau, 

19 or approved entity, as approved by the Sec20 retary of Homeland Security, to examine indi21 vidual applications that have been filed. 

22 ‘‘(2) REQUIRED DISCLOSURES.—The Secretary 

23 of Homeland Security and the Secretary of State 

24 shall provide the information furnished pursuant to 

25 an application filed under paragraph (1) or (2) of 


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1 subsection (a), and any other information derived 

2 from such furnished information, to a duly recog3 nized law enforcement entity in connection with a 

4 criminal investigation or prosecution or a national 

5 security investigation or prosecution, in each in6 stance about an individual suspect or group of sus7 pects, when such information is requested in writing 

8 by such entity. 

9 ‘‘(3) CRIMINAL PENALTY.—Any person who 

10 knowingly uses, publishes, or permits information to 

11 be examined in violation of this subsection shall be 

12 fined not more than $10,000. 

13 ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI14 CATIONS.— 

15 ‘‘(1) CRIMINAL PENALTY.— 

16 ‘‘(A) VIOLATION.—It shall be unlawful for 

17 any person to— 

18 ‘‘(i) file or assist in filing an applica19 tion for adjustment of status under this 

20 section and knowingly and willfully falsify, 

21 conceal, or cover up a material fact or 

22 make any false, fictitious, or fraudulent 

23 statements or representations, or make or 

24 use any false writing or document knowing 


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1 the same to contain any false, fictitious, or 

2 fraudulent statement or entry; or 

3 ‘‘(ii) create or supply a false writing 

4 or document for use in making such an ap5 plication. 

6 ‘‘(B) PENALTY.—Any person who violates 

7 subparagraph (A) shall be fined in accordance 

8 with title 18, United States Code, or imprisoned 

9 not more than 5 years, or both. 

10 ‘‘(2) INADMISSIBILITY.—An alien who is con11 victed of a crime under paragraph (1) shall be con12 sidered to be inadmissible to the United States. 

13 ‘‘(3) EXCEPTION.—Notwithstanding paragraphs 

14 (1) and (2), any alien or other entity (including an 

15 employer or union) that submits an employment 

16 record that contains incorrect data that the alien 

17 used in order to obtain such employment, shall not 

18 have violated this subsection. 

19 ‘‘(g) INELIGIBILITY FOR PUBLIC BENEFITS.—For 

20 purposes of section 403 of the Personal Responsibility and 

21 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

22 1613), an alien whose status has been adjusted in accord23 ance with subsection (a) shall not be eligible for any Fed24 eral means-tested public benefit unless the alien meets the 


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1 alien eligibility criteria for such benefit under title IV of 

2 such Act (8 U.S.C. 1601 et seq.). 

3 ‘‘(h) RELATIONSHIPS OF APPLICATION TO CERTAIN

4 ORDERS.— 

5 ‘‘(1) IN GENERAL.—An alien who is present in 

6 the United States and has been ordered excluded, 

7 deported, removed, or to depart voluntarily from the 

8 United States or is subject to reinstatement of re9 moval under any provision of this Act may, notwith10 standing such order, apply for adjustment of status 

11 under subsection (a). Such an alien shall not be re12 quired, as a condition of submitting or granting such 

13 application, to file a separate motion to reopen, re14 consider, or vacate the exclusion, deportation, re15 moval or voluntary departure order. If the Secretary 

16 of Homeland Security grants the application, the 

17 order shall be canceled. If the Secretary of Home18 land Security renders a final administrative decision 

19 to deny the application, such order shall be effective 

20 and enforceable. Nothing in this paragraph shall af21 fect the review or stay of removal under subsection 

22 (j). 

23 ‘‘(2) STAY OF REMOVAL.—The filing of an ap24 plication described in paragraph (1) shall stay the 

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1 judication of the application, unless the removal or 

2 detainment of the alien is based on criminal or na3 tional security grounds. 

4 ‘‘(i) APPLICATION OF OTHER PROVISIONS.—Nothing 

5 in this section shall preclude an alien who may be eligible 

6 to be granted adjustment of status under subsection (a) 

7 from seeking such status under any other provision of law 

8 for which the alien may be eligible. 

9 ‘‘(j) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

10 ‘‘(1) IN GENERAL.—Except as provided in this 

11 subsection, there shall be no administrative or judi12 cial review of a determination respecting an applica13 tion for adjustment of status under subsection (a). 

14 ‘‘(2) ADMINISTRATIVE REVIEW.— 

15 ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE

16 APPELLATE REVIEW.—The Secretary of Home17 land Security shall establish an appellate au18 thority to provide for a single level of adminis19 trative appellate review of a determination re20 specting an application for adjustment of status 

21 under subsection (a). 

22 ‘‘(B) STANDARD FOR REVIEW.—Adminis23 trative appellate review referred to in subpara24 graph (A) shall be based solely upon the admin25 istrative record established at the time of the 


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1 determination on the application and upon the 

2 presentation of additional or newly discovered 

3 evidence during the time of the pending appeal. 

4 ‘‘(3) JUDICIAL REVIEW.— 

5 ‘‘(A) DIRECT REVIEW.—A person whose 

6 application for adjustment of status under sub7 section (a) is denied after administrative appel8 late review under paragraph (2) may seek re9 view of such denial, in accordance with chapter 

10 7 of title 5, United States Code, before the 

11 United States district court for the district in 

12 which the person resides. 

13 ‘‘(B) REVIEW AFTER REMOVAL PRO14 CEEDINGS.—There shall be judicial review in 

15 the Federal courts of appeal of the denial of an 

16 application for adjustment of status under sub17 section (a) in conjunction with judicial review of 

18 an order of removal, deportation, or exclusion, 

19 but only if the validity of the denial has not 

20 been upheld in a prior judicial proceeding under 

21 subparagraph (A). Notwithstanding any other 

22 provision of law, the standard for review of 

23 such a denial shall be governed by subpara24 graph (C). 


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1 ‘‘(C) STANDARD FOR JUDICIAL REVIEW.— 

2 Judicial review of a denial of an application 

3 under this section shall be based solely upon the 

4 administrative record established at the time of 

5 the review. The findings of fact and other de6 terminations contained in the record shall be 

7 conclusive unless the applicant can establish 

8 abuse of discretion or that the findings are di9 rectly contrary to clear and convincing facts 

10 contained in the record, considered as a whole. 

11 ‘‘(4) STAY OF REMOVAL.—Aliens seeking ad12 ministrative or judicial review under this subsection 

13 shall not be removed from the United States until a 

14 final decision is rendered establishing ineligibility 

15 under this section, unless such removal is based on 

16 criminal or national security grounds. 

17 ‘‘(k) DISSEMINATION OF INFORMATION ON ADJUST18 MENT PROGRAM.—During the 12 months following the 

19 issuance of final regulations in accordance with subsection 

20 (o), the Secretary of Homeland Security, in cooperation 

21 with approved entities, approved by the Secretary of 

22 Homeland Security, shall broadly disseminate information 

23 respecting adjustment of status under this section and the 

24 requirements to be satisfied to obtain such status. The 

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1 formation to employers and labor unions to advise them 

2 of the rights and protections available to them and to 

3 workers who file applications under this section. Such in4 formation shall be broadly disseminated, in the languages 

5 spoken by the top 15 source countries of the aliens who 

6 would qualify for adjustment of status under this section, 

7 including to television, radio, and print media such aliens 

8 would have access to. 

9 ‘‘(l) EMPLOYER PROTECTIONS.— 

10 ‘‘(1) IMMIGRATION STATUS OF ALIEN.—Em11 ployers of aliens applying for adjustment of status 

12 under this section shall not be subject to civil and 

13 criminal tax liability relating directly to the employ14 ment of such alien. 

15 ‘‘(2) PROVISION OF EMPLOYMENT RECORDS.— 

16 Employers that provide unauthorized aliens with 

17 copies of employment records or other evidence of 

18 employment pursuant to an application for adjust19 ment of status under this section or any other appli20 cation or petition pursuant to other provisions of the 

21 immigration laws, shall not be subject to civil and 

22 criminal liability pursuant to section 274A for em23 ploying such unauthorized aliens. 

24 ‘‘(3) APPLICABILITY OF OTHER LAW.—Nothing 

25 in this subsection shall be used to shield an employer 


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1 from liability pursuant to section 274B or any other 

2 labor and employment law provisions. 

3 ‘‘(m) AUTHORIZATION OF FUNDS; FINES.— 

4 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated to the De6 partment of Homeland Security such sums as are 

7 necessary to commence the processing of applica8 tions filed under this section. 

9 ‘‘(2) FINE.—An alien who files an application 

10 under this section shall pay a fine commensurate 

11 with levels charged by the Department of Homeland 

12 Security for other applications for adjustment of sta13 tus. 

14 ‘‘(3) ADDITIONAL AMOUNTS OWED.—Prior to 

15 the adjudication of an application for adjustment of 

16 status filed under this section, the alien shall pay an 

17 amount equaling $2,000, but such amount shall not 

18 be required from an alien under the age of 18. 

19 ‘‘(4) USE OF AMOUNTS COLLECTED.—The Sec20 retary of Homeland Security shall deposit payments 

21 received under this subsection in the Immigration 

22 Examinations Fee Account, and these payments in 

23 such account shall be available, without fiscal year 

24 limitation, such that— 


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1 ‘‘(A) 80 percent of such funds shall be 

2 available to the Department of Homeland Secu3 rity for border security purposes; 

4 ‘‘(B) 10 percent of such funds shall be 

5 available to the Department of Homeland Secu6 rity for implementing and processing applica7 tions under this section; and 

8 ‘‘(C) 10 percent of such funds shall be 

9 available to the Department of Homeland Secu10 rity and the Department of State to cover ad11 ministrative and other expenses incurred in con12 nection with the review of applications filed by 

13 immediate relatives of aliens applying for ad14 justment of status under this section. 

15 ‘‘(n) MANDATORY DEPARTURE AND REENTRY.—Any 

16 alien who was physically present in the United States on 

17 January 7, 2004, who seeks to adjust status under this 

18 section, but does not satisfy the requirements of subpara19 graph (B) or (D) of subsection (a)(1), shall be eligible to 

20 depart the United States and to seek admission as a non21 immigrant or an immigrant alien described in section 

22 245C. 

23 ‘‘(o) ISSUANCE OF REGULATIONS.—Not later than 

24 120 days after the date of enactment of the Immigrant 

25 Accountability Act of 2006, the Secretary of Homeland 


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1 Security shall issue regulations to implement this sec2 tion.’’. 

3 (2) TABLE OF CONTENTS.—The table of con4 tents (8 U.S.C. 1101 et seq.) is amended by insert5 ing after the item relating to section 245A the fol6 lowing: 

‘‘245B. Access to Earned Adjustment.’’. 

7 (c) MANDATORY DEPARTURE AND REENTRY.— 

8 (1) IN GENERAL.—Chapter 5 of title II (8 

9 U.S.C. 1255 et seq.), as amended by subsection 

10 (b)(1), is further amended by inserting after section 

11 245B the following: ‘‘ 

12 ‘‘SEC. 245C. MANDATORY DEPARTURE AND REENTRY. 

13 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se14 curity may grant Deferred Mandatory Departure status 

15 to aliens who are in the United States illegally to allow 

16 such aliens time to depart the United States and to seek 

17 admission as a nonimmigrant or immigrant alien. 

18 ‘‘(b) REQUIREMENTS.—An alien desiring an adjust19 ment of status under subsection (a) shall meet the fol20 lowing requirements: 

21 ‘‘(1) PRESENCE.—The alien shall establish that 

22 the alien— 

23 ‘‘(A) was physically present in the United 

24 States on January 7, 2004; 


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1 ‘‘(B) has been continuously in the United 

2 States since such date, except for brief, casual, 

3 and innocent departures; and 

4 ‘‘(C) was not legally present in the United 

5 States on that date under any classification set 

6 forth in section 101(a)(15). 

7 ‘‘(2) EMPLOYMENT.— 

8 ‘‘(A) IN GENERAL.—The alien shall estab9 lish that the alien— 

10 ‘‘(i) was employed in the United 

11 States, whether full time, part time, sea12 sonally, or self-employed, before January 

13 7, 2004; and 

14 ‘‘(ii) has been continuously employed 

15 in the United States since that date, ex16 cept for brief periods of unemployment 

17 lasting not longer than 60 days. 

18 ‘‘(B) EVIDENCE OF EMPLOYMENT.— 

19 ‘‘(i) IN GENERAL.—An alien may con20 clusively establish employment status in 

21 compliance with subparagraph (A) by sub22 mitting to the Secretary of Homeland Se23 curity records demonstrating such employ24 ment maintained by— 


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1 ‘‘(I) the Social Security Adminis2 tration, Internal Revenue Service, or 

3 by any other Federal, State, or local 

4 government agency; 

5 ‘‘(II) an employer; or 

6 ‘‘(III) a labor union, day labor 

7 center, or an organization that assists 

8 workers in matters related to employ9 ment. 

10 ‘‘(ii) OTHER DOCUMENTS.—An alien 

11 who is unable to submit a document de12 scribed in subclauses (I) through (III) of 

13 clause (i) may satisfy the requirement in 

14 subparagraph (A) by submitting to the 

15 Secretary at least 2 other types of reliable 

16 documents that provide evidence of em17 ployment, including— 

18 ‘‘(I) bank records; 

19 ‘‘(II) business records; 

20 ‘‘(III) sworn affidavits from non21 relatives who have direct knowledge of 

22 the alien’s work; or 

23 ‘‘(IV) remittance records. 

24 ‘‘(iii) INTENT OF CONGRESS.—It is 

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1 ment in this subsection be interpreted and 

2 implemented in a manner that recognizes 

3 and takes into account the difficulties en4 countered by aliens in obtaining evidence 

5 of employment due to the undocumented 

6 status of the alien. 

7 ‘‘(iv) BURDEN OF PROOF.—An alien 

8 who is applying for adjustment of status 

9 under this section has the burden of prov10 ing by a preponderance of the evidence 

11 that the alien has satisfied the require12 ments of this subsection. An alien may 

13 meet such burden of proof by producing 

14 sufficient evidence to demonstrate such 

15 employment as a matter of reasonable in16 ference. 

17 ‘‘(3) ADMISSIBILITY.— 

18 ‘‘(A) IN GENERAL.—The alien shall estab19 lish that such alien— 

20 ‘‘(i) is admissible to the United 

21 States, except as provided as in (B); and 

22 ‘‘(ii) has not assisted in the persecu23 tion of any person or persons on account 

24 of race, religion, nationality, membership 


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1 in a particular social group, or political 

2 opinion. 

3 ‘‘(B) GROUNDS NOT APPLICABLE.—The 

4 provisions of paragraphs (5), (6)(A), (7), and 

5 (9)(B) of section 212(a) shall not apply. 

6 ‘‘(C) WAIVER.—The Secretary of Home7 land Security may waive any other provision of 

8 section 212(a), or a ground of ineligibility 

9 under paragraph (4), in the case of individual 

10 aliens for humanitarian purposes, to assure 

11 family unity, or when it is otherwise in the pub12 lic interest. 

13 ‘‘(4) INELIGIBLE.—The alien is ineligible for 

14 Deferred Mandatory Departure status if the alien— 

15 ‘‘(A) has been ordered excluded, deported, 

16 removed, or to depart voluntarily from the 

17 United States; or 

18 ‘‘(B) fails to comply with any request for 

19 information by the Secretary of Homeland Se20 curity. 

21 ‘‘(5) MEDICAL EXAMINATION.—The alien may 

22 be required, at the alien’s expense, to undergo such 

23 a medical examination (including a determination of 

24 immunization status) as is appropriate and conforms 


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1 to generally accepted professional standards of med2 ical practice. 

3 ‘‘(6) TERMINATION.—The Secretary of Home4 land Security may terminate an alien’s Deferred 

5 Mandatory Departure status if— 

6 ‘‘(A) the Secretary of Homeland Security 

7 determines that the alien was not in fact eligi8 ble for such status; or 

9 ‘‘(B) the alien commits an act that makes 

10 the alien removable from the United States. 

11 ‘‘(7) APPLICATION CONTENT AND WAIVER.— 

12 ‘‘(A) APPLICATION FORM.—The Secretary 

13 of Homeland Security shall create an applica14 tion form that an alien shall be required to 

15 complete as a condition of obtaining Deferred 

16 Mandatory Departure status. 

17 ‘‘(B) CONTENT.—In addition to any other 

18 information that the Secretary requires to de19 termine an alien’s eligibility for Deferred Man20 datory Departure, the Secretary shall require 

21 an alien to answer questions concerning the 

22 alien’s physical and mental health, criminal his23 tory, gang membership, renunciation of gang 

24 affiliation, immigration history, involvement 

25 with groups or individuals that have engaged in 


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1 terrorism, genocide, persecution, or who seek 

2 the overthrow of the United States Government, 

3 voter registration history, claims to United 

4 States citizenship, and tax history. 

5 ‘‘(C) WAIVER.—The Secretary of Home6 land Security shall require an alien to include 

7 with the application a waiver of rights that ex8 plains to the alien that, in exchange for the dis9 cretionary benefit of obtaining Deferred Manda10 tory Departure status, the alien agrees to waive 

11 any right to administrative or judicial review or 

12 appeal of an immigration officer’s determina13 tion as to the alien’s eligibility, or to contest 

14 any removal action, other than on the basis of 

15 an application for asylum or restriction of re16 moval pursuant to the provisions contained in 

17 section 208 or 241(b)(3), or under the Conven18 tion Against Torture and Other Cruel, Inhuman 

19 or Degrading Treatment or Punishment, done 

20 at New York December 10, 1984, or cancella21 tion of removal pursuant to section 240A(a). 

22 ‘‘(D) KNOWLEDGE.—The Secretary of 

23 Homeland Security shall require an alien to in24 clude with the application a signed certification 

25 in which the alien certifies that the alien has 


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1 read and understood all of the questions and 

2 statements on the application form, and that 

3 the alien certifies under penalty of perjury 

4 under the laws of the United States that the 

5 application, and any evidence submitted with it, 

6 are all true and correct, and that the applicant 

7 authorizes the release of any information con8 tained in the application and any attached evi9 dence for law enforcement purposes. 

10 ‘‘(c) IMPLEMENTATION AND APPLICATION TIME PE11 RIODS.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

13 Security shall ensure that the application process is 

14 secure and incorporates antifraud protection. The 

15 Secretary of Homeland Security shall interview an 

16 alien to determine eligibility for Deferred Mandatory 

17 Departure status and shall utilize biometric authen18 tication at time of document issuance. 

19 ‘‘(2) INITIAL RECEIPT OF APPLICATIONS.—The 

20 Secretary of Homeland Security shall begin accept21 ing applications for Deferred Mandatory Departure 

22 status not later than 3 months after the date on 

23 which the application form is first made available. 

24 ‘‘(3) APPLICATION.—An alien must submit an 

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1 ture status not later than 6 months after the date 

2 on which the application form is first made avail3 able. An alien that fails to comply with this require4 ment is ineligible for Deferred Mandatory Departure 

5 status. 

6 ‘‘(4) COMPLETION OF PROCESSING.—The Sec7 retary of Homeland Security shall ensure that all 

8 applications for Deferred Mandatory Departure sta9 tus are processed not later than 12 months after the 

10 date on which the application form is first made 

11 available. 

12 ‘‘(d) SECURITY AND LAW ENFORCEMENT BACK13 GROUND CHECKS.—An alien may not be granted Deferred 

14 Mandatory Departure status unless the alien submits bio15 metric data in accordance with procedures established by 

16 the Secretary of Homeland Security. The Secretary of 

17 Homeland Security may not grant Deferred Mandatory 

18 Departure status until all appropriate background checks 

19 are completed to the satisfaction of the Secretary of 

20 Homeland Security. 

21 ‘‘(e) ACKNOWLEDGMENT.— 

22 ‘‘(1) IN GENERAL.—An alien who applies for 

23 Deferred Mandatory Departure status shall submit 

24 to the Secretary of Homeland Security— 


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1 ‘‘(A) an acknowledgment made in writing 

2 and under oath that the alien— 

3 ‘‘(i) is unlawfully present in the 

4 United States and subject to removal or 

5 deportation, as appropriate, under this 

6 Act; and 

7 ‘‘(ii) understands the terms of the 

8 terms of Deferred Mandatory Departure; 

9 ‘‘(B) any Social Security account number 

10 or card in the possession of the alien or relied 

11 upon by the alien; 

12 ‘‘(C) any false or fraudulent documents in 

13 the alien’s possession. 

14 ‘‘(2) USE OF INFORMATION.—None of the doc15 uments or other information provided in accordance 

16 with paragraph (1) may be used in a criminal pro17 ceeding against the alien providing such documents 

18 or information. 

19 ‘‘(f) MANDATORY DEPARTURE.— 

20 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

21 Security shall grant Deferred Mandatory Departure 

22 status to an alien who meets the requirements of 

23 this section for a period not to exceed 3 years. 


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1 ‘‘(2) REGISTRATION AT TIME OF DEPAR2 TURE.—An alien granted Deferred Mandatory De3 parture shall— 

4 ‘‘(A) depart from the United States before 

5 the expiration of the period of Deferred Manda6 tory Departure status; 

7 ‘‘(B) register with the Secretary of Home8 land Security at the time of departure; and 

9 ‘‘(C) surrender any evidence of Deferred 

10 Mandatory Departure status at the time of de11 parture. 

12 ‘‘(3) APPLICATION FOR READMISSION.— 

13 ‘‘(A) IN GENERAL.—An alien under this 

14 section may apply for admission to the United 

15 States as an immigrant or nonimmigrant while 

16 in the United States or from any location out17 side of the United States, but may not be 

18 granted admission until the alien has departed 

19 from the United States in accordance with 

20 paragraph (2). 

21 ‘‘(B) APPROVAL.—The Secretary may ap22 prove an application under subparagraph (A) 

23 during the period in which the alien is present 

24 in the United States under Deferred Mandatory 

25 Departure status. 


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1 ‘‘(C) US–VISIT.—An alien in Deferred 

2 Mandatory Departure status who is seeking ad3 mission as a nonimmigrant or immigrant alien 

4 may exit the United States and immediately re5 enter the United States at any land port of 

6 entry at which the US–VISIT exit and entry 

7 system can process such alien for admission 

8 into the United States. 

9 ‘‘(D) INTERVIEW REQUIREMENTS.—Not10 withstanding any other provision of law, any 

11 admission requirement involving in-person 

12 interviews at a consulate of the United States 

13 shall be waived for aliens granted Deferred 

14 Mandatory Departure status under this section. 

15 ‘‘(E) WAIVER OF NUMERICAL LIMITA16 TIONS.—The numerical limitations under sec17 tion 214 shall not apply to any alien who is ad18 mitted as a nonimmigrant under this para19 graph. 

20 ‘‘(4) EFFECT OF READMISSION ON SPOUSE OR

21 CHILD.—The spouse or child of an alien granted De22 ferred Mandatory Departure and subsequently 

23 granted an immigrant or nonimmigrant visa before 

24 departing the United States shall be— 


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1 ‘‘(A) deemed to have departed under this 

2 section upon the successful admission of the 

3 principal alien; and 

4 ‘‘(B) eligible for the derivative benefits as5 sociated with the immigrant or nonimmigrant 

6 visa granted to the principal alien without re7 gard to numerical caps related to such visas. 

8 ‘‘(5) WAIVERS.—The Secretary of Homeland 

9 Security may waive the departure requirement under 

10 this subsection if the alien— 

11 ‘‘(A) is granted an immigrant or non12 immigrant visa; and 

13 ‘‘(B) can demonstrate that the departure 

14 of the alien would create a substantial hardship 

15 on the alien or an immediate family member of 

16 the alien. 

17 ‘‘(6) RETURN IN LEGAL STATUS.—An alien who 

18 complies with the terms of Deferred Mandatory De19 parture status and who departs before the expiration 

20 of such status— 

21 ‘‘(A) shall not be subject to section 

22 212(a)(9)(B); 

23 ‘‘(B) if otherwise eligible, may immediately 

24 seek admission as a nonimmigrant or immi25 grant; and 


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1 ‘‘(C) is exempt from the requirements of 

2 section 218B. 

3 ‘‘(7) FAILURE TO DEPART.—An alien who fails 

4 to depart the United States prior to the expiration 

5 of Mandatory Deferred Departure status is not eligi6 ble and may not apply for or receive any immigra7 tion relief or benefit under this Act or any other law 

8 for a period of 10 years, with the exception of sec9 tion 208 or 241(b)(3) or the Convention Against 

10 Torture and Other Cruel, Inhuman or Degrading 

11 Treatment or Punishment, done at New York De12 cember 10, 1984, in the case of an alien who indi13 cates either an intention to apply for asylum under 

14 section 208 or a fear of persecution or torture. 

15 ‘‘(8) PENALTIES FOR DELAYED DEPARTURE.— 

16 An alien who fails to depart immediately shall be 

17 subject to— 

18 ‘‘(A) no fine if the alien departs not later 

19 than 1 year after the grant of Deferred Manda20 tory Departure; 

21 ‘‘(B) a fine of $2,000 if the alien does not 

22 depart within 2 years after the grant of De23 ferred Mandatory Departure; and 


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1 ‘‘(C) a fine of $3,000 if the alien does not 

2 depart within 3 years after the grant of De3 ferred Mandatory Departure. 

4 ‘‘(g) EVIDENCE OF DEFERRED MANDATORY DEPAR5 TURE STATUS.—Evidence of Deferred Mandatory Depar6 ture status shall be machine-readable and tamper-resist7 ant, shall allow for biometric authentication, and shall 

8 comply with the requirements under section 403 of the 

9 Illegal Immigration Reform and Immigrant Responsibility 

10 Act of 1996 (8 U.S.C. 1324a note). The Secretary of 

11 Homeland Security is authorized to incorporate inte12 grated-circuit technology into the document. The Sec13 retary of Homeland Security shall consult with the Foren14 sic Document Laboratory in designing the document. The 

15 document may serve as a travel, entry, and work author16 ization document during the period of its validity. The 

17 document may be accepted by an employer as evidence of 

18 employment authorization and identity under section 

19 274A(b)(1)(B). 

20 ‘‘(h) TERMS OF STATUS.— 

21 ‘‘(1) REPORTING.—During the period of De22 ferred Mandatory Departure, an alien shall comply 

23 with all registration requirements under section 264. 

24 ‘‘(2) TRAVEL.— 


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1 ‘‘(A) An alien granted Deferred Mandatory 

2 Departure is not subject to section 212(a)(9) 

3 for any unlawful presence that occurred prior to 

4 the Secretary of Homeland Security granting 

5 the alien Deferred Mandatory Departure status. 

6 ‘‘(B) Under regulations established by the 

7 Secretary of Homeland Security, an alien grant8 ed Deferred Mandatory Departure— 

9 ‘‘(i) may travel outside of the United 

10 States and may be readmitted if the period 

11 of Deferred Mandatory Departure status 

12 has not expired; and 

13 ‘‘(ii) must establish at the time of ap14 plication for admission that the alien is ad15 missible under section 212. 

16 ‘‘(C) EFFECT ON PERIOD OF AUTHORIZED

17 ADMISSION.—Time spent outside the United 

18 States under subparagraph (B) shall not extend 

19 the period of Deferred Mandatory Departure 

20 status. 

21 ‘‘(3) BENEFITS.—During the period in which 

22 an alien is granted Deferred Mandatory Departure 

23 under this section— 

24 ‘‘(A) the alien shall not be considered to be 

25 permanently residing in the United States 


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1 under the color of law and shall be treated as 

2 a nonimmigrant admitted under section 214; 

3 and 

4 ‘‘(B) the alien may be deemed ineligible for 

5 public assistance by a State (as defined in sec6 tion 101(a)(36)) or any political subdivision 

7 thereof which furnishes such assistance. 

8 ‘‘(i) PROHIBITION ON CHANGE OF STATUS OR AD9 JUSTMENT OF STATUS.— 

10 ‘‘(1) IN GENERAL.—Before leaving the United 

11 States, an alien granted Deferred Mandatory Depar12 ture status may not apply to change status under 

13 section 248. 

14 ‘‘(2) ADJUSTMENT OF STATUS.—An alien may 

15 not adjust to an immigrant classification under this 

16 section until after the earlier of— 

17 ‘‘(A) the consideration of all applications 

18 filed under section 201, 202, or 203 before the 

19 date of enactment of this section; or 

20 ‘‘(B) 8 years after the date of enactment 

21 of this section. 

22 ‘‘(j) APPLICATION FEE.— 

23 ‘‘(1) IN GENERAL.—An alien seeking a grant of 

24 Deferred Mandatory Departure status shall submit, 


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1 in addition to any other fees authorized by law, an 

2 application fee of $1,000. 

3 ‘‘(2) USE OF FEE.—The fees collected under 

4 paragraph (1) shall be available for use by the Sec5 retary of Homeland Security for activities to iden6 tify, locate, or remove illegal aliens. 

7 ‘‘(k) FAMILY MEMBERS.— 

8 ‘‘(1) IN GENERAL.—Subject subsection (f)(4), 

9 the spouse or child of an alien granted Deferred 

10 Mandatory Departure status is subject to the same 

11 terms and conditions as the principal alien. 

12 ‘‘(2) APPLICATION FEE.— 

13 ‘‘(A) IN GENERAL.—The spouse or child of 

14 an alien seeking Deferred Mandatory Departure 

15 status shall submit, in addition to any other fee 

16 authorized by law, an additional fee of $500. 

17 ‘‘(B) USE OF FEE.—The fees collected 

18 under subparagraph (A) shall be available for 

19 use by the Secretary of Homeland Security for 

20 activities to identify, locate, or remove aliens 

21 who are removable under section 237. 

22 ‘‘(l) EMPLOYMENT.— 

23 ‘‘(1) IN GENERAL.—An alien who has applied 

24 for or has been granted Deferred Mandatory Depar25 ture status may be employed in the United States. 


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1 ‘‘(2) CONTINUOUS EMPLOYMENT.—An alien 

2 granted Deferred Mandatory Departure status must 

3 be employed while in the United States. An alien 

4 who fails to be employed for 60 days is ineligible for 

5 hire until the alien has departed the United States 

6 and reentered. The Secretary of Homeland Security 

7 may reauthorize an alien for employment without re8 quiring the alien’s departure from the United States. 

9 ‘‘(m) ENUMERATION OF SOCIAL SECURITY NUM10 BER.—The Secretary of Homeland Security, in coordina11 tion with the Commissioner of the Social Security system, 

12 shall implement a system to allow for the enumeration of 

13 a Social Security number and production of a Social Secu14 rity card at the time the Secretary of Homeland Security 

15 grants an alien Deferred Mandatory Departure status. 

16 ‘‘(n) PENALTIES FOR FALSE STATEMENTS IN APPLI17 CATION FOR DEFERRED MANDATORY DEPARTURE.— 

18 ‘‘(1) CRIMINAL PENALTY.— 

19 ‘‘(A) VIOLATION.—It shall be unlawful for 

20 any person— 

21 ‘‘(i) to file or assist in filing an appli22 cation for adjustment of status under this 

23 section and knowingly and willfully falsify, 

24 misrepresent, conceal, or cover up a mate25 rial fact or make any false, fictitious, or 


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1 fraudulent statements or representations, 

2 or make or use any false writing or docu3 ment knowing the same to contain any 

4 false, fictitious, or fraudulent statement or 

5 entry; or 

6 ‘‘(ii) to create or supply a false writ7 ing or document for use in making such an 

8 application. 

9 ‘‘(B) PENALTY.—Any person who violates 

10 subparagraph (A) shall be fined in accordance 

11 with title 18, United States Code, imprisoned 

12 not more than 5 years, or both. 

13 ‘‘(2) INADMISSIBILITY.—An alien who is con14 victed of a crime under paragraph (1) shall be con15 sidered to be inadmissible to the United States on 

16 the ground described in section 212(a)(6)(C)(i). 

17 ‘‘(o) RELATION TO CANCELLATION OF REMOVAL.— 

18 With respect to an alien granted Deferred Mandatory De19 parture status under this section, the period of such status 

20 shall not be counted as a period of physical presence in 

21 the United States for purposes of section 240A(a), unless 

22 the Secretary of Homeland Security determines that ex23 treme hardship exists. 

24 ‘‘(p) WAIVER OF RIGHTS.—An alien is not eligible 

25 for Deferred Mandatory Departure status, unless the alien 


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1 has waived any right to contest, other than on the basis 

2 of an application for asylum, restriction of removal, or 

3 protection under the Convention Against Torture and 

4 Other Cruel, Inhuman or Degrading Treatment or Pun5 ishment, done at New York December 10, 1984, or can6 cellation of removal pursuant to section 240A(a), any ac7 tion for deportation or removal of the alien that is insti8 tuted against the alien subsequent to a grant of Deferred 

9 Mandatory Departure status. 

10 ‘‘(q) DENIAL OF DISCRETIONARY RELIEF.—The de11 termination of whether an alien is eligible for a grant of 

12 Deferred Mandatory Departure status is solely within the 

13 discretion of the Secretary of Homeland Security. Not14 withstanding any other provision of law, no court shall 

15 have jurisdiction to review— 

16 ‘‘(1) any judgment regarding the granting of 

17 relief under this section; or 

18 ‘‘(2) any other decision or action of the Sec19 retary of Homeland Security the authority for which 

20 is specified under this section to be in the discretion 

21 of the Secretary, other than the granting of relief 

22 under section 208(a). 

23 ‘‘(r) JUDICIAL REVIEW.— 

24 ‘‘(1) LIMITATIONS ON RELIEF.—Without regard 

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1 gard to the identity of the party or parties bringing 

2 the action, no court may— 

3 ‘‘(A) enter declaratory, injunctive, or other 

4 equitable relief in any action pertaining to— 

5 ‘‘(i) an order or notice denying an 

6 alien a grant of Deferred Mandatory De7 parture status or any other benefit arising 

8 from such status; or 

9 ‘‘(ii) an order of removal, exclusion, or 

10 deportation entered against an alien after 

11 a grant of Deferred Mandatory Departure 

12 status; or 

13 ‘‘(B) certify a class under Rule 23 of the 

14 Federal Rules of Civil Procedure in any action 

15 for which judicial review is authorized under a 

16 subsequent paragraph of this subsection. 

17 ‘‘(2) CHALLENGES TO VALIDITY.— 

18 ‘‘(A) IN GENERAL.—Any right or benefit 

19 not otherwise waived or limited pursuant this 

20 section is available in an action instituted in the 

21 United States District Court for the District of 

22 Columbia, but shall be limited to determina23 tions of— 

24 ‘‘(i) whether such section, or any reg25 ulation issued to implement such section, 


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1 violates the Constitution of the United 

2 States; or 

3 ‘‘(ii) whether such a regulation, or a 

4 written policy directive, written policy 

5 guideline, or written procedure issued by 

6 or under the authority of the Secretary of 

7 Homeland Security to implement such sec8 tion, is not consistent with applicable pro9 visions of this section or is otherwise in 

10 violation of law.’’. 

11 (2) TABLE OF CONTENTS.—The table of con12 tents (8 U.S.C. 1101 et seq.), as amended by this 

13 subsection (b)(2), is further amended by inserting 

14 after the item relating to section 245B the following: 

‘‘245C. Mandatory Departure and Reentry.’’. 

15 (3) CONFORMING AMENDMENT.—Section 

16 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) 

17 is amended by inserting ‘‘(or 6 months in the case 

18 of an alien granted Deferred Mandatory Departure 

19 status under section 245C)’’ after ‘‘imposed’’. 

20 (4) STATUTORY CONSTRUCTION.—Nothing in 

21 this subsection, or any amendment made by this 

22 subsection, shall be construed to create any sub23 stantive or procedural right or benefit that is legally 

24 enforceable by any party against the United States 

25 or its agencies or officers or any other person. 


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1 (5) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such 

3 amounts as may be necessary for facilities, personnel 

4 (including consular officers), training, technology, 

5 and processing necessary to carry out the amend6 ments made by this subsection. 

7 (d) CORRECTION OF SOCIAL SECURITY RECORDS.— 

8 Section 208(e)(1) of the Social Security Act (42 U.S.C. 

9 408(e)(1)) is amended— 

10 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

11 the end; 

12 (2) in subparagraph (C), by inserting ‘‘or’’ at 

13 the end; 

14 (3) by inserting after subparagraph (C) the fol15 lowing: 

16 ‘‘(D) whose status is adjusted to that of 

17 lawful permanent resident under section 245B 

18 of the Immigration and Nationality Act,’’; and 

19 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

20 in the case of an alien described in subparagraph 

21 (D), if such conduct is alleged to have occurred prior 

22 to the date on which the alien became lawfully ad23 mitted for temporary residence.’’. 


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1 Subtitle B—Agricultural Job Op2 portunities, Benefits, and Secu3 rity 

4 SEC. 611. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Agricultural Job 

6 Opportunities, Benefits, and Security Act of 2006’’ or the 

7 ‘‘AgJOBS Act of 2006’’. 

8 SEC. 612. DEFINITIONS. 

9 In this subtitle: 

10 (1) AGRICULTURAL EMPLOYMENT.—The term 

11 ‘‘agricultural employment’’ means any service or ac12 tivity that is considered to be agricultural under sec13 tion 3(f) of the Fair Labor Standards Act of 1938 

14 (29 U.S.C. 203(f)) or agricultural labor under sec15 tion 3121(g) of the Internal Revenue Code of 1986 

16 (26 U.S.C. 3121(g)). For purposes of this para17 graph, agricultural employment includes employment 

18 under section 101(a)(15)(H)(ii)(a) of the Immigra19 tion and Nationality Act (8 U.S.C. 

20 1101(a)(15)(H)(ii)(a)). 

21 (2) BLUE CARD STATUS.—The term ‘‘blue card 

22 status’’ means the status of an alien who has been 

23 lawfully admitted into the United States for tem24 porary residence under section 613(a). 


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1 (3) EMPLOYER.—The term ‘‘employer’’ means 

2 any person or entity, including any farm labor con3 tractor and any agricultural association, that em4 ploys workers in agricultural employment. 

5 (4) JOB OPPORTUNITY.—The term ‘‘job oppor6 tunity’’ means a job opening for temporary full-time 

7 employment at a place in the United States to which 

8 United States workers can be referred. 

9 (5) TEMPORARY.—A worker is employed on a 

10 ‘‘temporary’’ basis where the employment is in11 tended not to exceed 10 months. 

12 (6) UNITED STATES WORKER.—The term 

13 ‘‘United States worker’’ means any worker, whether 

14 a United States citizen or national, a lawfully admit15 ted permanent resident alien, or any other alien, 

16 who is authorized to work in the job opportunity 

17 within the United States, except an alien admitted 

18 or otherwise provided status under section 

19 101(a)(15)(H)(ii)(a) of the Immigration and Nation20 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)). 

21 (7) WORK DAY.—The term ‘‘work day’’ means 

22 any day in which the individual is employed 1 or 

23 more hours in agriculture consistent with the defini24 tion of ‘‘man-day’’ under section 3(u) of the Fair 

25 Labor Standards Act of 1938 (29 U.S.C. 203(u)). 


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1 CHAPTER 1—PILOT PROGRAM FOR 

2 EARNED STATUS ADJUSTMENT OF AG3 RICULTURAL WORKERS 

4 SEC. 613. AGRICULTURAL WORKERS. 

5 (a) BLUE CARD PROGRAM.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, the Secretary shall confer blue card 

8 status upon an alien who qualifies under this sub9 section if the Secretary determines that the alien— 

10 (A) has performed agricultural employment 

11 in the United States for at least 863 hours or 

12 150 work days, whichever is less, during the 

13 24-month period ending on December 31, 2005; 

14 (B) applied for such status during the 18- 

15 month application period beginning on the first 

16 day of the seventh month that begins after the 

17 date of enactment of this Act; and 

18 (C) is otherwise admissible to the United 

19 States under section 212 of the Immigration 

20 and Nationality Act (8 U.S.C. 1182), except as 

21 otherwise provided under subsection (e)(2). 

22 (2) AUTHORIZED TRAVEL.—An alien in blue 

23 card status has the right to travel abroad (including 

24 commutation from a residence abroad) in the same 


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1 manner as an alien lawfully admitted for permanent 

2 residence. 

3 (3) AUTHORIZED EMPLOYMENT.—An alien in 

4 blue card status shall be provided an ‘‘employment 

5 authorized’’ endorsement or other appropriate work 

6 permit, in the same manner as an alien lawfully ad7 mitted for permanent residence. 

8 (4) TERMINATION OF BLUE CARD STATUS.— 

9 (A) IN GENERAL.—The Secretary may ter10 minate blue card status granted under this sub11 section only upon a determination under this 

12 subtitle that the alien is deportable. 

13 (B) GROUNDS FOR TERMINATION OF BLUE

14 CARD STATUS.—Before any alien becomes eligi15 ble for adjustment of status under subsection 

16 (c), the Secretary may deny adjustment to per17 manent resident status and provide for termi18 nation of the blue card status granted such 

19 alien under paragraph (1) if— 

20 (i) the Secretary finds, by a prepon21 derance of the evidence, that the adjust22 ment to blue card status was the result of 

23 fraud or willful misrepresentation (as de24 scribed in section 212(a)(6)(C)(i) of the 


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1 Immigration and Nationality Act (8 U.S.C. 

2 1182(a)(6)(C)(i)); or 

3 (ii) the alien— 

4 (I) commits an act that makes 

5 the alien inadmissible to the United 

6 States as an immigrant, except as 

7 provided under subsection (e)(2); 

8 (II) is convicted of a felony or 3 

9 or more misdemeanors committed in 

10 the United States; or 

11 (III) is convicted of an offense, 

12 an element of which involves bodily in13 jury, threat of serious bodily injury, 

14 or harm to property in excess of $500. 

15 (5) RECORD OF EMPLOYMENT.— 

16 (A) IN GENERAL.—Each employer of a 

17 worker granted status under this subsection 

18 shall annually— 

19 (i) provide a written record of employ20 ment to the alien; and 

21 (ii) provide a copy of such record to 

22 the Secretary. 

23 (B) SUNSET.—The obligation under sub24 paragraph (A) shall terminate on the date that 


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1 is 6 years after the date of the enactment of 

2 this Act. 

3 (6) REQUIRED FEATURES OF BLUE CARD.—The 

4 Secretary shall provide each alien granted blue card 

5 status and the spouse and children of each such 

6 alien residing in the United States with a card that 

7 contains— 

8 (A) an encrypted, machine-readable, elec9 tronic identification strip that is unique to the 

10 alien to whom the card is issued; 

11 (B) biometric identifiers, including finger12 prints and a digital photograph; and 

13 (C) physical security features designed to 

14 prevent tampering, counterfeiting, or duplica15 tion of the card for fraudulent purposes. 

16 (7) FINE.—An alien granted blue card status 

17 shall pay a fine to the Secretary in an amount equal 

18 to $100. 

19 (8) MAXIMUM NUMBER.—The Secretary may 

20 issue not more than 1,500,000 blue cards during the 

21 5-year period beginning on the date of the enact22 ment of this Act. 

23 (b) RIGHTS OF ALIENS GRANTED BLUE CARD STA24 TUS.— 


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1 (1) IN GENERAL.—Except as otherwise pro2 vided under this subsection, an alien in blue card 

3 status shall be considered to be an alien lawfully ad4 mitted for permanent residence for purposes of any 

5 law other than any provision of the Immigration and 

6 Nationality Act (8 U.S.C. 1101 et seq.). 

7 (2) DELAYED ELIGIBILITY FOR CERTAIN FED8 ERAL PUBLIC BENEFITS.—An alien in blue card sta9 tus shall not be eligible, by reason of such status, for 

10 any form of assistance or benefit described in section 

11 403(a) of the Personal Responsibility and Work Op12 portunity Reconciliation Act of 1996 (8 U.S.C. 

13 1613(a)) until 5 years after the date on which the 

14 Secretary confers blue card status upon that alien. 

15 (3) TERMS OF EMPLOYMENT RESPECTING

16 ALIENS ADMITTED UNDER THIS SECTION.— 

17 (A) PROHIBITION.—No alien granted blue 

18 card status may be terminated from employ19 ment by any employer during the period of blue 

20 card status except for just cause. 

21 (B) TREATMENT OF COMPLAINTS.— 

22 (i) ESTABLISHMENT OF PROCESS.— 

23 The Secretary shall establish a process for 

24 the receipt, initial review, and disposition 

25 of complaints by aliens granted blue card 


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1 status who allege that they have been ter2 minated without just cause. No proceeding 

3 shall be conducted under this subpara4 graph with respect to a termination unless 

5 the Secretary determines that the com6 plaint was filed not later than 6 months 

7 after the date of the termination. 

8 (ii) INITIATION OF ARBITRATION.—If 

9 the Secretary finds that a complaint has 

10 been filed in accordance with clause (i) and 

11 there is reasonable cause to believe that 

12 the complainant was terminated without 

13 just cause, the Secretary shall initiate 

14 binding arbitration proceedings by request15 ing the Federal Mediation and Conciliation 

16 Service to appoint a mutually agreeable ar17 bitrator from the roster of arbitrators 

18 maintained by such Service for the geo19 graphical area in which the employer is lo20 cated. The procedures and rules of such 

21 Service shall be applicable to the selection 

22 of such arbitrator and to such arbitration 

23 proceedings. The Secretary shall pay the 

24 fee and expenses of the arbitrator, subject 


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1 to the availability of appropriations for 

2 such purpose. 

3 (iii) ARBITRATION PROCEEDINGS.— 

4 The arbitrator shall conduct the pro5 ceeding in accordance with the policies and 

6 procedures promulgated by the American 

7 Arbitration Association applicable to pri8 vate arbitration of employment disputes. 

9 The arbitrator shall make findings respect10 ing whether the termination was for just 

11 cause. The arbitrator may not find that 

12 the termination was for just cause unless 

13 the employer so demonstrates by a prepon14 derance of the evidence. If the arbitrator 

15 finds that the termination was not for just 

16 cause, the arbitrator shall make a specific 

17 finding of the number of days or hours of 

18 work lost by the employee as a result of 

19 the termination. The arbitrator shall have 

20 no authority to order any other remedy, in21 cluding, but not limited to, reinstatement, 

22 back pay, or front pay to the affected em23 ployee. Within 30 days from the conclusion 

24 of the arbitration proceeding, the arbi25 trator shall transmit the findings in the 


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1 form of a written opinion to the parties to 

2 the arbitration and the Secretary. Such 

3 findings shall be final and conclusive, and 

4 no official or court of the United States 

5 shall have the power or jurisdiction to re6 view any such findings. 

7 (iv) EFFECT OF ARBITRATION FIND8 INGS.—If the Secretary receives a finding 

9 of an arbitrator that an employer has ter10 minated an alien granted blue card status 

11 without just cause, the Secretary shall 

12 credit the alien for the number of days or 

13 hours of work lost for purposes of the re14 quirement of subsection (c)(1). 

15 (v) TREATMENT OF ATTORNEY’S

16 FEES.—The parties shall bear the cost of 

17 their own attorney’s fees involved in the 

18 litigation of the complaint. 

19 (vi) NONEXCLUSIVE REMEDY.—The 

20 complaint process provided for in this sub21 paragraph is in addition to any other 

22 rights an employee may have in accordance 

23 with applicable law. 

24 (vii) EFFECT ON OTHER ACTIONS OR

25 PROCEEDINGS.—Any finding of fact or 


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1 law, judgment, conclusion, or final order 

2 made by an arbitrator in the proceeding 

3 before the Secretary shall not be conclusive 

4 or binding in any separate or subsequent 

5 action or proceeding between the employee 

6 and the employee’s current or prior em7 ployer brought before an arbitrator, admin8 istrative agency, court, or judge of any 

9 State or the United States, regardless of 

10 whether the prior action was between the 

11 same or related parties or involved the 

12 same facts, except that the arbitrator’s 

13 specific finding of the number of days or 

14 hours of work lost by the employee as a re15 sult of the employment termination may be 

16 referred to the Secretary pursuant to 

17 clause (iv). 

18 (C) CIVIL PENALTIES.— 

19 (i) IN GENERAL.—If the Secretary 

20 finds, after notice and opportunity for a 

21 hearing, that an employer of an alien 

22 granted blue card status has failed to pro23 vide the record of employment required 

24 under subsection (a)(5) or has provided a 

25 false statement of material fact in such a 


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1 record, the employer shall be subject to a 

2 civil money penalty in an amount not to 

3 exceed $1,000 per violation. 

4 (ii) LIMITATION.—The penalty appli5 cable under clause (i) for failure to provide 

6 records shall not apply unless the alien has 

7 provided the employer with evidence of em8 ployment authorization granted under this 

9 section. 

10 (c) ADJUSTMENT TO PERMANENT RESIDENCE.— 

11 (1) AGRICULTURAL WORKERS.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (B), the Secretary shall adjust 

14 the status of an alien granted blue card status 

15 to that of an alien lawfully admitted for perma16 nent residence if the Secretary determines that 

17 the following requirements are satisfied: 

18 (i) QUALIFYING EMPLOYMENT.—The 

19 alien has performed at least— 

20 (I) 5 years of agricultural em21 ployment in the United States, for at 

22 least 100 work days or 575 hours, but 

23 in no case less than 575 hours per 

24 year, during the 5-year period beginVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 ning on the date of the enactment of 

2 this Act; or 

3 (II) 3 years of agricultural em4 ployment in the United States, for at 

5 least 150 work days or 863 hours, but 

6 in no case less than 863 hours per 

7 year, during the 5-year period begin8 ning on the date of the enactment of 

9 this Act. 

10 (ii) PROOF.—An alien may dem11 onstrate compliance with the requirement 

12 under clause (i) by submitting— 

13 (I) the record of employment de14 scribed in subsection (a)(5); or 

15 (II) such documentation as may 

16 be submitted under subsection (d)(3). 

17 (iii) EXTRAORDINARY CIR18 CUMSTANCES.—In determining whether an 

19 alien has met the requirement under clause 

20 (i)(I), the Secretary may credit the alien 

21 with not more than 12 additional months 

22 to meet the requirement under clause (i) if 

23 the alien was unable to work in agricul24 tural employment due to— 


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1 (I) pregnancy, injury, or disease, 

2 if the alien can establish such preg3 nancy, disabling injury, or disease 

4 through medical records; 

5 (II) illness, disease, or other spe6 cial needs of a minor child, if the alien 

7 can establish such illness, disease, or 

8 special needs through medical records; 

9 or 

10 (III) severe weather conditions 

11 that prevented the alien from engag12 ing in agricultural employment for a 

13 significant period of time. 

14 (iv) APPLICATION PERIOD.—The alien 

15 applies for adjustment of status not later 

16 than 7 years after the date of the enact17 ment of this Act. 

18 (v) FINE.—The alien pays a fine to 

19 the Secretary in an amount equal to $400. 

20 (B) GROUNDS FOR DENIAL OF ADJUST21 MENT OF STATUS.—The Secretary may deny an 

22 alien adjustment to permanent resident status, 

23 and provide for termination of the blue card 

24 status granted such alien, if— 


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1 (i) the Secretary finds by a prepon2 derance of the evidence that the adjust3 ment to blue card status was the result of 

4 fraud or willful misrepresentation, as de5 scribed in section 212(a)(6)(C)(i) of the 

6 Immigration and Nationality Act (8 U.S.C. 

7 1182(a)(6)(C)(i)); or 

8 (ii) the alien— 

9 (I) commits an act that makes 

10 the alien inadmissible to the United 

11 States under section 212 of the Immi12 gration and Nationality Act (8 U.S.C. 

13 1182), except as provided under sub14 section (e)(2); 

15 (II) is convicted of a felony or 3 

16 or more misdemeanors committed in 

17 the United States; or 

18 (III) is convicted of a single mis19 demeanor for which the actual sen20 tence served is 6 months or longer. 

21 (C) GROUNDS FOR REMOVAL.—Any alien 

22 granted blue card status who does not apply for 

23 adjustment of status under this subsection be24 fore the expiration of the application period de25 scribed in subparagraph (A)(iv), or who fails to 


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1 meet the other requirements of subparagraph 

2 (A) by the end of the applicable period, is de3 portable and may be removed under section 240 

4 of the Immigration and Nationality Act (8 

5 U.S.C. 1229a). 

6 (D) PAYMENT OF INCOME TAXES.— 

7 (i) IN GENERAL.—Not later than the 

8 date on which an alien’s status is adjusted 

9 under this subsection, the alien shall estab10 lish the payment of all Federal income 

11 taxes owed for employment during the pe12 riod of employment required under para13 graph (1)(A) by establishing that— 

14 (I) no such tax liability exists; 

15 (II) all outstanding liabilities 

16 have been met; or 

17 (III) the alien has entered into 

18 an agreement for payment of all out19 standing liabilities with the Internal 

20 Revenue Service. 

21 (ii) IRS COOPERATION.—The Com22 missioner of Internal Revenue shall provide 

23 documentation to an alien upon request to 

24 establish the payment of all income taxes 

25 required under this paragraph. 


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1 (2) SPOUSES AND MINOR CHILDREN.— 

2 (A) IN GENERAL.—Notwithstanding any 

3 other provision of law, the Secretary shall con4 fer the status of lawful permanent resident on 

5 the spouse and minor child of an alien granted 

6 status under paragraph (1), including any indi7 vidual who was a minor child on the date such 

8 alien was granted blue card status, if the 

9 spouse or minor child applies for such status, or 

10 if the principal alien includes the spouse or 

11 minor child in an application for adjustment of 

12 status to that of a lawful permanent resident. 

13 (B) TREATMENT OF SPOUSES AND MINOR

14 CHILDREN BEFORE ADJUSTMENT OF STATUS.— 

15 (i) REMOVAL.—The spouse and any 

16 minor child of an alien granted blue card 

17 status may not be removed while such 

18 alien maintains such status, except as pro19 vided in subparagraph (C). 

20 (ii) TRAVEL.—The spouse and any 

21 minor child of an alien granted blue card 

22 status may travel outside the United 

23 States in the same manner as an alien law24 fully admitted for permanent residence. 


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1 (iii) EMPLOYMENT.—The spouse of an 

2 alien granted blue card status may apply 

3 to the Secretary for a work permit to au4 thorize such spouse to engage in any law5 ful employment in the United States while 

6 such alien maintains blue card status. 

7 (C) GROUNDS FOR DENIAL OF ADJUST8 MENT OF STATUS AND REMOVAL.—The Sec9 retary may deny an alien spouse or child ad10 justment of status under subparagraph (A) and 

11 may remove such spouse or child under section 

12 240 of the Immigration and Nationality Act (8 

13 U.S.C. 1229a) if the spouse or child— 

14 (i) commits an act that makes the 

15 alien spouse or child inadmissible to the 

16 United States under section 212 of such 

17 Act (8 U.S.C. 1182), except as provided 

18 under subsection (e)(2); 

19 (ii) is convicted of a felony or 3 or 

20 more misdemeanors committed in the 

21 United States; or 

22 (iii) is convicted of a single mis23 demeanor for which the actual sentence 

24 served is 6 months or longer. 

25 (d) APPLICATIONS.— 


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1 (1) TO WHOM MAY BE MADE.—The Secretary 

2 shall provide that— 

3 (A) applications for blue card status may 

4 be filed— 

5 (i) with the Secretary, but only if the 

6 applicant is represented by an attorney or 

7 a non-profit religious, charitable, social 

8 service, or similar organization recognized 

9 by the Board of Immigration Appeals 

10 under section 292.2 of title 8, Code of 

11 Federal Regulations; or 

12 (ii) with a qualified designated entity 

13 (designated under paragraph (2)), but only 

14 if the applicant consents to the forwarding 

15 of the application to the Secretary; and 

16 (B) applications for adjustment of status 

17 under subsection (c) shall be filed directly with 

18 the Secretary. 

19 (2) DESIGNATION OF ENTITIES TO RECEIVE AP20 PLICATIONS.— 

21 (A) IN GENERAL.—For purposes of receiv22 ing applications under subsection (a), the Sec23 retary— 


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1 (i) shall designate qualified farm labor 

2 organizations and associations of employ3 ers; and 

4 (ii) may designate such other persons 

5 as the Secretary determines are qualified 

6 and have substantial experience, dem7 onstrate competence, and have traditional 

8 long-term involvement in the preparation 

9 and submission of applications for adjust10 ment of status under section 209, 210, or 

11 245 of the Immigration and Nationality 

12 Act, Public Law 89–732, Public Law 95– 

13 145, or the Immigration Reform and Con14 trol Act of 1986. 

15 (B) REFERENCES.—Organizations, asso16 ciations, and persons designated under subpara17 graph (A) are referred to in this subtitle as 

18 ‘‘qualified designated entities’’. 

19 (3) PROOF OF ELIGIBILITY.— 

20 (A) IN GENERAL.—An alien may establish 

21 that the alien meets the requirement of sub22 section (a)(1)(A) or (c)(1)(A) through govern23 ment employment records or records supplied 

24 by employers or collective bargaining organiza25 tions, and other reliable documentation as the 


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1 alien may provide. The Secretary shall establish 

2 special procedures to properly credit work in 

3 cases in which an alien was employed under an 

4 assumed name. 

5 (B) DOCUMENTATION OF WORK HIS6 TORY.— 

7 (i) BURDEN OF PROOF.—An alien ap8 plying for status under subsection (a)(1) 

9 or (c)(1) has the burden of proving by a 

10 preponderance of the evidence that the 

11 alien has worked the requisite number of 

12 hours or days (as required under sub13 section (a)(1)(A) or (c)(1)(A)). 

14 (ii) TIMELY PRODUCTION OF

15 RECORDS.—If an employer or farm labor 

16 contractor employing such an alien has 

17 kept proper and adequate records respect18 ing such employment, the alien’s burden of 

19 proof under clause (i) may be met by se20 curing timely production of those records 

21 under regulations to be promulgated by the 

22 Secretary. 

23 (iii) SUFFICIENT EVIDENCE.—An 

24 alien can meet the burden of proof under 

25 clause (i) to establish that the alien has 


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1 performed the work described in subsection 

2 (a)(1)(A) or (c)(1)(A) by producing suffi3 cient evidence to show the extent of that 

4 employment as a matter of just and rea5 sonable inference. 

6 (4) TREATMENT OF APPLICATIONS BY QUALI7 FIED DESIGNATED ENTITIES.—Each qualified des8 ignated entity shall agree to forward to the Sec9 retary applications filed with it in accordance with 

10 paragraph (1)(A)(i)(II) but shall not forward to the 

11 Secretary applications filed with it unless the appli12 cant has consented to such forwarding. No such en13 tity may make a determination required by this sec14 tion to be made by the Secretary. Upon the request 

15 of the alien, a qualified designated entity shall assist 

16 the alien in obtaining documentation of the work 

17 history of the alien. 

18 (5) LIMITATION ON ACCESS TO INFORMA19 TION.—Files and records prepared for purposes of 

20 this subsection by qualified designated entities oper21 ating under this subsection are confidential and the 

22 Secretary shall not have access to such files or 

23 records relating to an alien without the consent of 

24 the alien, except as allowed by a court order issued 

25 pursuant to paragraph (6). 


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1 (6) CONFIDENTIALITY OF INFORMATION.— 

2 (A) IN GENERAL.—Except as otherwise 

3 provided in this subsection, neither the Sec4 retary, nor any other official or employee of the 

5 Department, or a bureau or agency of the De6 partment, may— 

7 (i) use the information furnished by 

8 the applicant pursuant to an application 

9 filed under this section, the information 

10 provided to the applicant by a person des11 ignated under paragraph (2)(A), or any in12 formation provided by an employer or 

13 former employer, for any purpose other 

14 than to make a determination on the appli15 cation, or for enforcement of paragraph 

16 (7); 

17 (ii) make any publication whereby the 

18 information furnished by any particular in19 dividual can be identified; or 

20 (iii) permit anyone other than the 

21 sworn officers and employees of the De22 partment, or a bureau or agency of the 

23 Department, or, with respect to applica24 tions filed with a qualified designated entiVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 ty, that qualified designated entity, to ex2 amine individual applications. 

3 (B) REQUIRED DISCLOSURES.—The Sec4 retary shall provide the information furnished 

5 under this section, or any other information de6 rived from such furnished information, to— 

7 (i) a duly recognized law enforcement 

8 entity in connection with a criminal inves9 tigation or prosecution, if such information 

10 is requested in writing by such entity; or 

11 (ii) an official coroner, for purposes of 

12 affirmatively identifying a deceased indi13 vidual, whether or not the death of such 

14 individual resulted from a crime. 

15 (C) CONSTRUCTION.— 

16 (i) IN GENERAL.—Nothing in this 

17 paragraph shall be construed to limit the 

18 use, or release, for immigration enforce19 ment purposes or law enforcement pur20 poses of information contained in files or 

21 records of the Department pertaining to an 

22 application filed under this section, other 

23 than information furnished by an applicant 

24 pursuant to the application, or any other 


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1 information derived from the application, 

2 that is not available from any other source. 

3 (ii) CRIMINAL CONVICTIONS.—Infor4 mation concerning whether the applicant 

5 has at any time been convicted of a crime 

6 may be used or released for immigration 

7 enforcement or law enforcement purposes. 

8 (D) CRIME.—Any person who knowingly 

9 uses, publishes, or permits information to be ex10 amined in violation of this paragraph shall be 

11 subject to a fine in an amount not to exceed 

12 $10,000. 

13 (7) PENALTIES FOR FALSE STATEMENTS IN AP14 PLICATIONS.— 

15 (A) CRIMINAL PENALTY.—Any person 

16 who— 

17 (i) files an application for status 

18 under subsection (a) or (c) and knowingly 

19 and willfully falsifies, conceals, or covers 

20 up a material fact or makes any false, fic21 titious, or fraudulent statements or rep22 resentations, or makes or uses any false 

23 writing or document knowing the same to 

24 contain any false, fictitious, or fraudulent 

25 statement or entry; or 


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1 (ii) creates or supplies a false writing 

2 or document for use in making such an ap3 plication, 

4 shall be fined in accordance with title 18, 

5 United States Code, imprisoned not more than 

6 5 years, or both. 

7 (B) INADMISSIBILITY.—An alien who is 

8 convicted of a crime under subparagraph (A) 

9 shall be considered to be inadmissible to the 

10 United States on the ground described in sec11 tion 212(a)(6)(C)(i) of the Immigration and 

12 Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). 

13 (8) ELIGIBILITY FOR LEGAL SERVICES.—Sec14 tion 504(a)(11) of Public Law 104–134 (110 Stat. 

15 1321–53 et seq.) shall not be construed to prevent 

16 a recipient of funds under the Legal Services Cor17 poration Act (42 U.S.C. 2996 et seq.) from pro18 viding legal assistance directly related to an applica19 tion for adjustment of status under this section. 

20 (9) APPLICATION FEES.— 

21 (A) FEE SCHEDULE.—The Secretary shall 

22 provide for a schedule of fees that— 

23 (i) shall be charged for the filing of 

24 applications for status under subsections 

25 (a) and (c); and 


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1 (ii) may be charged by qualified des2 ignated entities to help defray the costs of 

3 services provided to such applicants. 

4 (B) PROHIBITION ON EXCESS FEES BY

5 QUALIFIED DESIGNATED ENTITIES.—A quali6 fied designated entity may not charge any fee 

7 in excess of, or in addition to, the fees author8 ized under subparagraph (A)(ii) for services 

9 provided to applicants. 

10 (C) DISPOSITION OF FEES.— 

11 (i) IN GENERAL.—There is established 

12 in the general fund of the Treasury a sepa13 rate account, which shall be known as the 

14 ‘‘Agricultural Worker Immigration Status 

15 Adjustment Account’’. Notwithstanding 

16 any other provision of law, there shall be 

17 deposited as offsetting receipts into the ac18 count all fees collected under subparagraph 

19 (A)(i). 

20 (ii) USE OF FEES FOR APPLICATION

21 PROCESSING.—Amounts deposited in the 

22 ‘‘Agricultural Worker Immigration Status 

23 Adjustment Account’’ shall remain avail24 able to the Secretary until expended for 


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1 processing applications for status under 

2 subsections (a) and (c). 

3 (e) WAIVER OF NUMERICAL LIMITATIONS AND CER4 TAIN GROUNDS FOR INADMISSIBILITY.— 

5 (1) NUMERICAL LIMITATIONS DO NOT APPLY.— 

6 The numerical limitations of sections 201 and 202 

7 of the Immigration and Nationality Act (8 U.S.C. 

8 1151 and 1152) shall not apply to the adjustment 

9 of aliens to lawful permanent resident status under 

10 this section. 

11 (2) WAIVER OF CERTAIN GROUNDS OF INAD12 MISSIBILITY.—In the determination of an alien’s eli13 gibility for status under subsection (a)(1)(C) or an 

14 alien’s eligibility for adjustment of status under sub15 section (c)(1)(B)(ii)(I), the following rules shall 

16 apply: 

17 (A) GROUNDS OF EXCLUSION NOT APPLI18 CABLE.—The provisions of paragraphs (5), 

19 (6)(A), (7), and (9) of section 212(a) of the Im20 migration and Nationality Act (8 U.S.C. 

21 1182(a)) shall not apply. 

22 (B) WAIVER OF OTHER GROUNDS.— 

23 (i) IN GENERAL.—Except as provided 

24 in clause (ii), the Secretary may waive any 

25 other provision of such section 212(a) in 


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1 the case of individual aliens for humani2 tarian purposes, to ensure family unity, or 

3 if otherwise in the public interest. 

4 (ii) GROUNDS THAT MAY NOT BE

5 WAIVED.—Paragraphs (2)(A), (2)(B), 

6 (2)(C), (3), and (4) of such section 212(a) 

7 may not be waived by the Secretary under 

8 clause (i). 

9 (iii) CONSTRUCTION.—Nothing in this 

10 subparagraph shall be construed as affect11 ing the authority of the Secretary other 

12 than under this subparagraph to waive 

13 provisions of such section 212(a). 

14 (C) SPECIAL RULE FOR DETERMINATION

15 OF PUBLIC CHARGE.—An alien is not ineligible 

16 for status under this section by reason of a 

17 ground of inadmissibility under section 

18 212(a)(4) of the Immigration and Nationality 

19 Act (8 U.S.C. 1182(a)(4)) if the alien dem20 onstrates a history of employment in the United 

21 States evidencing self-support without reliance 

22 on public cash assistance. 

23 (f) TEMPORARY STAY OF REMOVAL AND WORK AU24 THORIZATION FOR CERTAIN APPLICANTS.— 


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1 (1) BEFORE APPLICATION PERIOD.—Effective 

2 on the date of enactment of this Act, the Secretary 

3 shall provide that, in the case of an alien who is ap4 prehended before the beginning of the application 

5 period described in subsection (a)(1)(B) and who 

6 can establish a nonfrivolous case of eligibility for 

7 blue card status (but for the fact that the alien may 

8 not apply for such status until the beginning of such 

9 period), until the alien has had the opportunity dur10 ing the first 30 days of the application period to 

11 complete the filing of an application for blue card 

12 status, the alien— 

13 (A) may not be removed; and 

14 (B) shall be granted authorization to en15 gage in employment in the United States and 

16 be provided an ‘‘employment authorized’’ en17 dorsement or other appropriate work permit for 

18 such purpose. 

19 (2) DURING APPLICATION PERIOD.—The Sec20 retary shall provide that, in the case of an alien who 

21 presents a nonfrivolous application for blue card sta22 tus during the application period described in sub23 section (a)(1)(B), including an alien who files such 

24 an application within 30 days of the alien’s appre25 hension, and until a final determination on the apVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 plication has been made in accordance with this sec2 tion, the alien— 

3 (A) may not be removed; and 

4 (B) shall be granted authorization to en5 gage in employment in the United States and 

6 be provided an ‘‘employment authorized’’ en7 dorsement or other appropriate work permit for 

8 such purpose. 

9 (g) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

10 (1) IN GENERAL.—There shall be no adminis11 trative or judicial review of a determination respect12 ing an application for status under subsection (a) or 

13 (c) except in accordance with this subsection. 

14 (2) ADMINISTRATIVE REVIEW.— 

15 (A) SINGLE LEVEL OF ADMINISTRATIVE

16 APPELLATE REVIEW.—The Secretary shall es17 tablish an appellate authority to provide for a 

18 single level of administrative appellate review of 

19 such a determination. 

20 (B) STANDARD FOR REVIEW.—Such ad21 ministrative appellate review shall be based 

22 solely upon the administrative record estab23 lished at the time of the determination on the 

24 application and upon such additional or newly 


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1 discovered evidence as may not have been avail2 able at the time of the determination. 

3 (3) JUDICIAL REVIEW.— 

4 (A) LIMITATION TO REVIEW OF RE5 MOVAL.—There shall be judicial review of such 

6 a determination only in the judicial review of an 

7 order of removal under section 242 of the Im8 migration and Nationality Act (8 U.S.C. 1252). 

9 (B) STANDARD FOR JUDICIAL REVIEW.— 

10 Such judicial review shall be based solely upon 

11 the administrative record established at the 

12 time of the review by the appellate authority 

13 and the findings of fact and determinations 

14 contained in such record shall be conclusive un15 less the applicant can establish abuse of discre16 tion or that the findings are directly contrary to 

17 clear and convincing facts contained in the 

18 record considered as a whole. 

19 (h) DISSEMINATION OF INFORMATION ON ADJUST20 MENT PROGRAM.—Beginning not later than the first day 

21 of the application period described in subsection (a)(1)(B), 

22 the Secretary, in cooperation with qualified designated en23 tities, shall broadly disseminate information respecting the 

24 benefits that aliens may receive under this section and the 

25 requirements to be satisfied to obtain such benefits. 


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1 (i) REGULATIONS.—The Secretary shall issue regula2 tions to implement this section not later than the first day 

3 of the seventh month that begins after the date of enact4 ment of this Act. 

5 (j) EFFECTIVE DATE.—This section shall take effect 

6 on the date that regulations are issued implementing this 

7 section on an interim or other basis. 

8 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary to carry 

10 out this section $40,000,000 for each of fiscal years 2007 

11 through 2010. 

12 SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS. 

13 (a) IN GENERAL.—Section 208(d)(1) of the Social 

14 Security Act (42 U.S.C. 408(d)(1)) is amended— 

15 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

16 the end; 

17 (2) in subparagraph (C), by inserting ‘‘or’’ at 

18 the end; 

19 (3) by inserting after subparagraph (C) the fol20 lowing: 

21 ‘‘(D) who is granted blue card status under the 

22 Agricultural Job Opportunity, Benefits, and Security 

23 Act of 2006,’’; and 

24 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

25 in the case of an alien described in subparagraph 


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1 (D), if such conduct is alleged to have occurred be2 fore the date on which the alien was granted blue 

3 card status.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 subsection (a) shall take effect on the first day of the sev6 enth month that begins after the date of the enactment 

7 of this Act. 

8 CHAPTER 2—REFORM OF H–2A WORKER 

9 PROGRAM 

10 SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATION11 ALITY ACT. 

12 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

13 is amended— 

14 (1) by striking section 218 and inserting the 

15 following: 

16 ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 

17 ‘‘(a) APPLICATIONS TO THE SECRETARY OF

18 LABOR.— 

19 ‘‘(1) IN GENERAL.—No alien may be admitted 

20 to the United States as an H–2A worker, or other21 wise provided status as an H–2A worker, unless the 

22 employer has filed with the Secretary of Labor an 

23 application containing— 

24 ‘‘(A) the assurances described in sub25 section (b); 


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1 ‘‘(B) a description of the nature and loca2 tion of the work to be performed; 

3 ‘‘(C) the anticipated period (expected be4 ginning and ending dates) for which the work5 ers will be needed; and 

6 ‘‘(D) the number of job opportunities in 

7 which the employer seeks to employ the work8 ers. 

9 ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap10 plication filed under paragraph (1) shall be accom11 panied by a copy of the job offer describing the 

12 wages and other terms and conditions of employ13 ment and the bona fide occupational qualifications 

14 that shall be possessed by a worker to be employed 

15 in the job opportunity in question. 

16 ‘‘(b) ASSURANCES FOR INCLUSION IN APPLICA17 TIONS.—The assurances referred to in subsection (a)(1) 

18 are the following: 

19 ‘‘(1) JOB OPPORTUNITIES COVERED BY COL20 LECTIVE BARGAINING AGREEMENTS.—With respect 

21 to a job opportunity that is covered under a collec22 tive bargaining agreement: 

23 ‘‘(A) UNION CONTRACT DESCRIBED.—The 

24 job opportunity is covered by a union contract 


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1 which was negotiated at arm’s length between a 

2 bona fide union and the employer. 

3 ‘‘(B) STRIKE OR LOCKOUT.—The specific 

4 job opportunity for which the employer is re5 questing an H–2A worker is not vacant because 

6 the former occupant is on strike or being locked 

7 out in the course of a labor dispute. 

8 ‘‘(C) NOTIFICATION OF BARGAINING REP9 RESENTATIVES.—The employer, at the time of 

10 filing the application, has provided notice of the 

11 filing under this paragraph to the bargaining 

12 representative of the employer’s employees in 

13 the occupational classification at the place or 

14 places of employment for which aliens are 

15 sought. 

16 ‘‘(D) TEMPORARY OR SEASONAL JOB OP17 PORTUNITIES.—The job opportunity is tem18 porary or seasonal. 

19 ‘‘(E) OFFERS TO UNITED STATES WORK20 ERS.—The employer has offered or will offer 

21 the job to any eligible United States worker 

22 who applies and is equally or better qualified 

23 for the job for which the nonimmigrant is, or 

24 the nonimmigrants are, sought and who will be 

25 available at the time and place of need. 


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1 ‘‘(F) PROVISION OF INSURANCE.—If the 

2 job opportunity is not covered by the State 

3 workers’ compensation law, the employer will 

4 provide, at no cost to the worker, insurance cov5 ering injury and disease arising out of, and in 

6 the course of, the worker’s employment which 

7 will provide benefits at least equal to those pro8 vided under the State’s workers’ compensation 

9 law for comparable employment. 

10 ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY

11 COLLECTIVE BARGAINING AGREEMENTS.—With re12 spect to a job opportunity that is not covered under 

13 a collective bargaining agreement: 

14 ‘‘(A) STRIKE OR LOCKOUT.—The specific 

15 job opportunity for which the employer is re16 questing an H–2A worker is not vacant because 

17 the former occupant is on strike or being locked 

18 out in the course of a labor dispute. 

19 ‘‘(B) TEMPORARY OR SEASONAL JOB OP20 PORTUNITIES.—The job opportunity is tem21 porary or seasonal. 

22 ‘‘(C) BENEFIT, WAGE, AND WORKING CON23 DITIONS.—The employer will provide, at a min24 imum, the benefits, wages, and working condi25 tions required by section 218E to all workers 


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1 employed in the job opportunities for which the 

2 employer has applied under subsection (a) and 

3 to all other workers in the same occupation at 

4 the place of employment. 

5 ‘‘(D) NONDISPLACEMENT OF UNITED

6 STATES WORKERS.—The employer did not dis7 place and will not displace a United States 

8 worker employed by the employer during the 

9 period of employment and for a period of 30 

10 days preceding the period of employment in the 

11 occupation at the place of employment for 

12 which the employer seeks approval to employ 

13 H–2A workers. 

14 ‘‘(E) REQUIREMENTS FOR PLACEMENT OF

15 NONIMMIGRANT WITH OTHER EMPLOYERS.— 

16 The employer will not place the nonimmigrant 

17 with another employer unless— 

18 ‘‘(i) the nonimmigrant performs du19 ties in whole or in part at 1 or more work 

20 sites owned, operated, or controlled by 

21 such other employer; 

22 ‘‘(ii) there are indicia of an employ23 ment relationship between the non24 immigrant and such other employer; and 


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1 ‘‘(iii) the employer has inquired of the 

2 other employer as to whether, and has no 

3 actual knowledge or notice that, during the 

4 period of employment and for a period of 

5 30 days preceding the period of employ6 ment, the other employer has displaced or 

7 intends to displace a United States worker 

8 employed by the other employer in the oc9 cupation at the place of employment for 

10 which the employer seeks approval to em11 ploy H–2A workers. 

12 ‘‘(F) STATEMENT OF LIABILITY.—The ap13 plication form shall include a clear statement 

14 explaining the liability under subparagraph (E) 

15 of an employer if the other employer described 

16 in such subparagraph displaces a United States 

17 worker as described in such subparagraph. 

18 ‘‘(G) PROVISION OF INSURANCE.—If the 

19 job opportunity is not covered by the State 

20 workers’ compensation law, the employer will 

21 provide, at no cost to the worker, insurance cov22 ering injury and disease arising out of and in 

23 the course of the worker’s employment which 

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1 vided under the State’s workers’ compensation 

2 law for comparable employment. 

3 ‘‘(H) EMPLOYMENT OF UNITED STATES

4 WORKERS.— 

5 ‘‘(i) RECRUITMENT.—The employer 

6 has taken or will take the following steps 

7 to recruit United States workers for the 

8 job opportunities for which the H–2A non9 immigrant is, or H–2A nonimmigrants are, 

10 sought: 

11 ‘‘(I) CONTACTING FORMER

12 WORKERS.—The employer shall make 

13 reasonable efforts through the sending 

14 of a letter by United States Postal 

15 Service mail, or otherwise, to contact 

16 any United States worker the em17 ployer employed during the previous 

18 season in the occupation at the place 

19 of intended employment for which the 

20 employer is applying for workers and 

21 has made the availability of the em22 ployer’s job opportunities in the occu23 pation at the place of intended em24 ployment known to such previous 

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1 nated from employment by the em2 ployer for a lawful job-related reason 

3 or abandoned the job before the work4 er completed the period of employ5 ment of the job opportunity for which 

6 the worker was hired. 

7 ‘‘(II) FILING A JOB OFFER WITH

8 THE LOCAL OFFICE OF THE STATE

9 EMPLOYMENT SECURITY AGENCY.— 

10 Not later than 28 days before the 

11 date on which the employer desires to 

12 employ an H–2A worker in a tem13 porary or seasonal agricultural job op14 portunity, the employer shall submit a 

15 copy of the job offer described in sub16 section (a)(2) to the local office of the 

17 State employment security agency 

18 which serves the area of intended em19 ployment and authorize the posting of 

20 the job opportunity on ‘America’s Job 

21 Bank’ or other electronic job registry, 

22 except that nothing in this subclause 

23 shall require the employer to file an 

24 interstate job order under section 653 


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1 of title 20, Code of Federal Regula2 tions. 

3 ‘‘(III) ADVERTISING OF JOB OP4 PORTUNITIES.—Not later than 14 

5 days before the date on which the em6 ployer desires to employ an H–2A 

7 worker in a temporary or seasonal ag8 ricultural job opportunity, the em9 ployer shall advertise the availability 

10 of the job opportunities for which the 

11 employer is seeking workers in a pub12 lication in the local labor market that 

13 is likely to be patronized by potential 

14 farm workers. 

15 ‘‘(IV) EMERGENCY PROCE16 DURES.—The Secretary of Labor 

17 shall, by regulation, provide a proce18 dure for acceptance and approval of 

19 applications in which the employer 

20 has not complied with the provisions 

21 of this subparagraph because the em22 ployer’s need for H–2A workers could 

23 not reasonably have been foreseen. 

24 ‘‘(ii) JOB OFFERS.—The employer has 

25 offered or will offer the job to any eligible 


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1 United States worker who applies and is 

2 equally or better qualified for the job for 

3 which the nonimmigrant is, or non4 immigrants are, sought and who will be 

5 available at the time and place of need. 

6 ‘‘(iii) PERIOD OF EMPLOYMENT.—The 

7 employer will provide employment to any 

8 qualified United States worker who applies 

9 to the employer during the period begin10 ning on the date on which the foreign 

11 worker departs for the employer’s place of 

12 employment and ending on the date on 

13 which 50 percent of the period of employ14 ment for which the foreign worker who is 

15 in the job was hired has elapsed, subject to 

16 the following requirements: 

17 ‘‘(I) PROHIBITION.—No person 

18 or entity shall willfully and knowingly 

19 withhold United States workers before 

20 the arrival of H–2A workers in order 

21 to force the hiring of United States 

22 workers under this clause. 

23 ‘‘(II) COMPLAINTS.—Upon re24 ceipt of a complaint by an employer 

25 that a violation of subclause (I) has 


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1 occurred, the Secretary of Labor shall 

2 immediately investigate. The Sec3 retary of Labor shall, within 36 hours 

4 of the receipt of the complaint, issue 

5 findings concerning the alleged viola6 tion. If the Secretary of Labor finds 

7 that a violation has occurred, the Sec8 retary of Labor shall immediately sus9 pend the application of this clause 

10 with respect to that certification for 

11 that date of need. 

12 ‘‘(III) PLACEMENT OF UNITED

13 STATES WORKERS.—Before referring 

14 a United States worker to an em15 ployer during the period described in 

16 the matter preceding subclause (I), 

17 the Secretary of Labor shall make all 

18 reasonable efforts to place the United 

19 States worker in an open job accept20 able to the worker, if there are other 

21 job offers pending with the job service 

22 that offer similar job opportunities in 

23 the area of intended employment. 

24 ‘‘(iv) STATUTORY CONSTRUCTION.— 

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1 strued to prohibit an employer from using 

2 such legitimate selection criteria relevant 

3 to the type of job that are normal or cus4 tomary to the type of job involved so long 

5 as such criteria are not applied in a dis6 criminatory manner. 

7 ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF

8 OF EMPLOYER MEMBERS.— 

9 ‘‘(1) IN GENERAL.—An agricultural association 

10 may file an application under subsection (a) on be11 half of 1 or more of its employer members that the 

12 association certifies in its application has or have 

13 agreed in writing to comply with the requirements of 

14 this section and sections 218E through 218G. 

15 ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS

16 EMPLOYERS.—If an association filing an application 

17 under paragraph (1) is a joint or sole employer of 

18 the temporary or seasonal agricultural workers re19 quested on the application, the certifications granted 

20 under subsection (e)(2)(B) to the association may be 

21 used for the certified job opportunities of any of its 

22 producer members named on the application, and 

23 such workers may be transferred among such pro24 ducer members to perform the agricultural services 


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1 of a temporary or seasonal nature for which the cer2 tifications were granted. 

3 ‘‘(d) WITHDRAWAL OF APPLICATIONS.— 

4 ‘‘(1) IN GENERAL.—An employer may withdraw 

5 an application filed pursuant to subsection (a), ex6 cept that if the employer is an agricultural associa7 tion, the association may withdraw an application 

8 filed pursuant to subsection (a) with respect to 1 or 

9 more of its members. To withdraw an application, 

10 the employer or association shall notify the Sec11 retary of Labor in writing, and the Secretary of 

12 Labor shall acknowledge in writing the receipt of 

13 such withdrawal notice. An employer who withdraws 

14 an application under subsection (a), or on whose be15 half an application is withdrawn, is relieved of the 

16 obligations undertaken in the application. 

17 ‘‘(2) LIMITATION.—An application may not be 

18 withdrawn while any alien provided status under sec19 tion 101(a)(15)(H)(ii)(a) pursuant to such applica20 tion is employed by the employer. 

21 ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— 

22 Any obligation incurred by an employer under any 

23 other law or regulation as a result of the recruit24 ment of United States workers or H–2A workers 

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1 ment required as a result of making an application 

2 under subsection (a) is unaffected by withdrawal of 

3 such application. 

4 ‘‘(e) REVIEW AND APPROVAL OF APPLICATIONS.— 

5 ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The 

6 employer shall make available for public examina7 tion, within 1 working day after the date on which 

8 an application under subsection (a) is filed, at the 

9 employer’s principal place of business or work site, 

10 a copy of each such application (and such accom11 panying documents as are necessary). 

12 ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF

13 LABOR.— 

14 ‘‘(A) COMPILATION OF LIST.—The Sec15 retary of Labor shall compile, on a current 

16 basis, a list (by employer and by occupational 

17 classification) of the applications filed under 

18 this subsection. Such list shall include the wage 

19 rate, number of workers sought, period of in20 tended employment, and date of need. The Sec21 retary of Labor shall make such list available 

22 for examination in the District of Columbia. 

23 ‘‘(B) REVIEW OF APPLICATIONS.—The 

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1 curacies. Unless the Secretary of Labor finds 

2 that the application is incomplete or obviously 

3 inaccurate, the Secretary of Labor shall certify 

4 that the intending employer has filed with the 

5 Secretary of Labor an application as described 

6 in subsection (a). Such certification shall be 

7 provided within 7 days of the filing of the appli8 cation.’’; and 

9 (2) by inserting after section 218D, as added 

10 by section 601 of this Act, the following: 

11 ‘‘SEC. 218E. H–2A EMPLOYMENT REQUIREMENTS. 

12 ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS PRO13 HIBITED.—Employers seeking to hire United States work14 ers shall offer the United States workers no less than the 

15 same benefits, wages, and working conditions that the em16 ployer is offering, intends to offer, or will provide to H– 

17 2A workers. Conversely, no job offer may impose on 

18 United States workers any restrictions or obligations 

19 which will not be imposed on the employer’s H–2A work20 ers. 

21 ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORKING

22 CONDITIONS.—Except in cases where higher benefits, 

23 wages, or working conditions are required by the provi24 sions of subsection (a), in order to protect similarly em25 ployed United States workers from adverse effects with 


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1 respect to benefits, wages, and working conditions, every 

2 job offer which shall accompany an application under sec3 tion 218(b)(2) shall include each of the following benefit, 

4 wage, and working condition provisions: 

5 ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A

6 HOUSING ALLOWANCE.— 

7 ‘‘(A) IN GENERAL.—An employer applying 

8 under section 218(a) for H–2A workers shall 

9 offer to provide housing at no cost to all work10 ers in job opportunities for which the employer 

11 has applied under that section and to all other 

12 workers in the same occupation at the place of 

13 employment, whose place of residence is beyond 

14 normal commuting distance. 

15 ‘‘(B) TYPE OF HOUSING.—In complying 

16 with subparagraph (A), an employer may, at 

17 the employer’s election, provide housing that 

18 meets applicable Federal standards for tem19 porary labor camps or secure housing that 

20 meets applicable local standards for rental or 

21 public accommodation housing or other sub22 stantially similar class of habitation, or in the 

23 absence of applicable local standards, State 

24 standards for rental or public accommodation 

25 housing or other substantially similar class of 


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1 habitation. In the absence of applicable local or 

2 State standards, Federal temporary labor camp 

3 standards shall apply. 

4 ‘‘(C) FAMILY HOUSING.—When it is the 

5 prevailing practice in the occupation and area 

6 of intended employment to provide family hous7 ing, family housing shall be provided to workers 

8 with families who request it. 

9 ‘‘(D) WORKERS ENGAGED IN THE RANGE

10 PRODUCTION OF LIVESTOCK.—The Secretary of 

11 Labor shall issue regulations that address the 

12 specific requirements for the provision of hous13 ing to workers engaged in the range production 

14 of livestock. 

15 ‘‘(E) LIMITATION.—Nothing in this para16 graph shall be construed to require an employer 

17 to provide or secure housing for persons who 

18 were not entitled to such housing under the 

19 temporary labor certification regulations in ef20 fect on June 1, 1986. 

21 ‘‘(F) CHARGES FOR HOUSING.— 

22 ‘‘(i) CHARGES FOR PUBLIC HOUS23 ING.—If public housing provided for mi24 grant agricultural workers under the aus25 pices of a local, county, or State governVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 ment is secured by an employer, and use of 

2 the public housing unit normally requires 

3 charges from migrant workers, such 

4 charges shall be paid by the employer di5 rectly to the appropriate individual or enti6 ty affiliated with the housing’s manage7 ment. 

8 ‘‘(ii) DEPOSIT CHARGES.—Charges in 

9 the form of deposits for bedding or other 

10 similar incidentals related to housing shall 

11 not be levied upon workers by employers 

12 who provide housing for their workers. An 

13 employer may require a worker found to 

14 have been responsible for damage to such 

15 housing which is not the result of normal 

16 wear and tear related to habitation to re17 imburse the employer for the reasonable 

18 cost of repair of such damage. 

19 ‘‘(G) HOUSING ALLOWANCE AS ALTER20 NATIVE.— 

21 ‘‘(i) IN GENERAL.—If the requirement 

22 under clause (ii) is satisfied, the employer 

23 may provide a reasonable housing allow24 ance instead of offering housing under sub25 paragraph (A). Upon the request of a 


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1 worker seeking assistance in locating hous2 ing, the employer shall make a good faith 

3 effort to assist the worker in identifying 

4 and locating housing in the area of in5 tended employment. An employer who of6 fers a housing allowance to a worker, or 

7 assists a worker in locating housing which 

8 the worker occupies, pursuant to this 

9 clause shall not be deemed a housing pro10 vider under section 203 of the Migrant and 

11 Seasonal Agricultural Worker Protection 

12 Act (29 U.S.C. 1823) solely by virtue of 

13 providing such housing allowance. No 

14 housing allowance may be used for housing 

15 which is owned or controlled by the em16 ployer. 

17 ‘‘(ii) CERTIFICATION.—The require18 ment of this clause is satisfied if the Gov19 ernor of the State certifies to the Secretary 

20 of Labor that there is adequate housing 

21 available in the area of intended employ22 ment for migrant farm workers, and H–2A 

23 workers, who are seeking temporary hous24 ing while employed at farm work. Such 


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1 certification shall expire after 3 years un2 less renewed by the Governor of the State. 

3 ‘‘(iii) AMOUNT OF ALLOWANCE.— 

4 ‘‘(I) NONMETROPOLITAN COUN5 TIES.—If the place of employment of 

6 the workers provided an allowance 

7 under this subparagraph is a non8 metropolitan county, the amount of 

9 the housing allowance under this sub10 paragraph shall be equal to the state11 wide average fair market rental for 

12 existing housing for nonmetropolitan 

13 counties for the State, as established 

14 by the Secretary of Housing and 

15 Urban Development pursuant to sec16 tion 8(c) of the United States Hous17 ing Act of 1937 (42 U.S.C. 1437f(c)), 

18 based on a 2 bedroom dwelling unit 

19 and an assumption of 2 persons per 

20 bedroom. 

21 ‘‘(II) METROPOLITAN COUN22 TIES.—If the place of employment of 

23 the workers provided an allowance 

24 under this paragraph is in a metro25 politan county, the amount of the 


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1 housing allowance under this subpara2 graph shall be equal to the statewide 

3 average fair market rental for existing 

4 housing for metropolitan counties for 

5 the State, as established by the Sec6 retary of Housing and Urban Devel7 opment pursuant to section 8(c) of 

8 the United States Housing Act of 

9 1937 (42 U.S.C. 1437f(c)), based on 

10 a 2-bedroom dwelling unit and an as11 sumption of 2 persons per bedroom. 

12 ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— 

13 ‘‘(A) TO PLACE OF EMPLOYMENT.—A 

14 worker who completes 50 percent of the period 

15 of employment of the job opportunity for which 

16 the worker was hired shall be reimbursed by the 

17 employer for the cost of the worker’s transpor18 tation and subsistence from the place from 

19 which the worker came to work for the em20 ployer (or place of last employment, if the 

21 worker traveled from such place) to the place of 

22 employment. 

23 ‘‘(B) FROM PLACE OF EMPLOYMENT.—A 

24 worker who completes the period of employment 

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1 bursed by the employer for the cost of the 

2 worker’s transportation and subsistence from 

3 the place of employment to the place from 

4 which the worker, disregarding intervening em5 ployment, came to work for the employer, or to 

6 the place of next employment, if the worker has 

7 contracted with a subsequent employer who has 

8 not agreed to provide or pay for the worker’s 

9 transportation and subsistence to such subse10 quent employer’s place of employment. 

11 ‘‘(C) LIMITATION.— 

12 ‘‘(i) AMOUNT OF REIMBURSEMENT.— 

13 Except as provided in clause (ii), the 

14 amount of reimbursement provided under 

15 subparagraph (A) or (B) to a worker or 

16 alien shall not exceed the lesser of— 

17 ‘‘(I) the actual cost to the worker 

18 or alien of the transportation and sub19 sistence involved; or 

20 ‘‘(II) the most economical and 

21 reasonable common carrier transpor22 tation charges and subsistence costs 

23 for the distance involved. 

24 ‘‘(ii) DISTANCE TRAVELED.—No reim25 bursement under subparagraph (A) or (B) 


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1 shall be required if the distance traveled is 

2 100 miles or less, or the worker is not re3 siding in employer-provided housing or 

4 housing secured through an allowance as 

5 provided in paragraph (1)(G). 

6 ‘‘(D) EARLY TERMINATION.—If the worker 

7 is laid off or employment is terminated for con8 tract impossibility (as described in paragraph 

9 (4)(D)) before the anticipated ending date of 

10 employment, the employer shall provide the 

11 transportation and subsistence required by sub12 paragraph (B) and, notwithstanding whether 

13 the worker has completed 50 percent of the pe14 riod of employment, shall provide the transpor15 tation reimbursement required by subparagraph 

16 (A). 

17 ‘‘(E) TRANSPORTATION BETWEEN LIVING

18 QUARTERS AND WORK SITE.—The employer 

19 shall provide transportation between the work20 er’s living quarters and the employer’s work site 

21 without cost to the worker, and such transpor22 tation will be in accordance with applicable laws 

23 and regulations. 

24 ‘‘(3) REQUIRED WAGES.— 


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1 ‘‘(A) IN GENERAL.—An employer applying 

2 for workers under section 218(a) shall offer to 

3 pay, and shall pay, all workers in the occupa4 tion for which the employer has applied for 

5 workers, not less (and is not required to pay 

6 more) than the greater of the prevailing wage 

7 in the occupation in the area of intended em8 ployment or the adverse effect wage rate. No 

9 worker shall be paid less than the greater of the 

10 hourly wage prescribed under section 6(a)(1) of 

11 the Fair Labor Standards Act of 1938 (29 

12 U.S.C. 206(a)(1)) or the applicable State min13 imum wage. 

14 ‘‘(B) LIMITATION.—Effective on the date 

15 of the enactment of the Agricultural Job Op16 portunities, Benefits, and Security Act of 2006 

17 and continuing for 3 years thereafter, no ad18 verse effect wage rate for a State may be more 

19 than the adverse effect wage rate for that State 

20 in effect on January 1, 2003, as established by 

21 section 655.107 of title 20, Code of Federal 

22 Regulations. 

23 ‘‘(C) REQUIRED WAGES AFTER 3-YEAR

24 FREEZE.— 


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1 ‘‘(i) FIRST ADJUSTMENT.—If Con2 gress does not set a new wage standard 

3 applicable to this section before the first 

4 March 1 that is not less than 3 years after 

5 the date of enactment of this section, the 

6 adverse effect wage rate for each State be7 ginning on such March 1 shall be the wage 

8 rate that would have resulted if the ad9 verse effect wage rate in effect on January 

10 1, 2003, had been annually adjusted, be11 ginning on March 1, 2006, by the lesser 

12 of— 

13 ‘‘(I) the 12 month percentage 

14 change in the Consumer Price Index 

15 for All Urban Consumers between De16 cember of the second preceding year 

17 and December of the preceding year; 

18 and 

19 ‘‘(II) 4 percent. 

20 ‘‘(ii) SUBSEQUENT ANNUAL ADJUST21 MENTS.—Beginning on the first March 1 

22 that is not less than 4 years after the date 

23 of enactment of this section, and each 

24 March 1 thereafter, the adverse effect 


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1 wage rate then in effect for each State 

2 shall be adjusted by the lesser of— 

3 ‘‘(I) the 12 month percentage 

4 change in the Consumer Price Index 

5 for All Urban Consumers between De6 cember of the second preceding year 

7 and December of the preceding year; 

8 and 

9 ‘‘(II) 4 percent. 

10 ‘‘(D) DEDUCTIONS.—The employer shall 

11 make only those deductions from the worker’s 

12 wages that are authorized by law or are reason13 able and customary in the occupation and area 

14 of employment. The job offer shall specify all 

15 deductions not required by law which the em16 ployer will make from the worker’s wages. 

17 ‘‘(E) FREQUENCY OF PAY.—The employer 

18 shall pay the worker not less frequently than 

19 twice monthly, or in accordance with the pre20 vailing practice in the area of employment, 

21 whichever is more frequent. 

22 ‘‘(F) HOURS AND EARNINGS STATE23 MENTS.—The employer shall furnish to the 

24 worker, on or before each payday, in 1 or more 

25 written statements— 


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1 ‘‘(i) the worker’s total earnings for 

2 the pay period; 

3 ‘‘(ii) the worker’s hourly rate of pay, 

4 piece rate of pay, or both; 

5 ‘‘(iii) the hours of employment which 

6 have been offered to the worker (broken 

7 out by hours offered in accordance with 

8 and over and above the three-quarters 

9 guarantee described in paragraph (4); 

10 ‘‘(iv) the hours actually worked by the 

11 worker; 

12 ‘‘(v) an itemization of the deductions 

13 made from the worker’s wages; and 

14 ‘‘(vi) if piece rates of pay are used, 

15 the units produced daily. 

16 ‘‘(G) REPORT ON WAGE PROTECTIONS.— 

17 Not later than December 31, 2008, the Comp18 troller General of the United States shall pre19 pare and transmit to the Secretary of Labor, 

20 the Committee on the Judiciary of the Senate, 

21 and Committee on the Judiciary of the House 

22 of Representatives, a report that addresses— 

23 ‘‘(i) whether the employment of H–2A 

24 or unauthorized aliens in the United States 

25 agricultural work force has depressed 


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1 United States farm worker wages below 

2 the levels that would otherwise have pre3 vailed if alien farm workers had not been 

4 employed in the United States; 

5 ‘‘(ii) whether an adverse effect wage 

6 rate is necessary to prevent wages of 

7 United States farm workers in occupations 

8 in which H–2A workers are employed from 

9 falling below the wage levels that would 

10 have prevailed in the absence of the em11 ployment of H–2A workers in those occu12 pations; 

13 ‘‘(iii) whether alternative wage stand14 ards, such as a prevailing wage standard, 

15 would be sufficient to prevent wages in oc16 cupations in which H–2A workers are em17 ployed from falling below the wage level 

18 that would have prevailed in the absence of 

19 H–2A employment; 

20 ‘‘(iv) whether any changes are war21 ranted in the current methodologies for 

22 calculating the adverse effect wage rate 

23 and the prevailing wage; and 

24 ‘‘(v) recommendations for future wage 

25 protection under this section. 


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1 ‘‘(H) COMMISSION ON WAGE STAND2 ARDS.— 

3 ‘‘(i) ESTABLISHMENT.—There is es4 tablished the Commission on Agricultural 

5 Wage Standards under the H–2A program 

6 (in this subparagraph referred to as the 

7 ‘Commission’). 

8 ‘‘(ii) COMPOSITION.—The Commission 

9 shall consist of 10 members as follows: 

10 ‘‘(I) 4 representatives of agricul11 tural employers and 1 representative 

12 of the Department of Agriculture, 

13 each appointed by the Secretary of 

14 Agriculture. 

15 ‘‘(II) 4 representatives of agricul16 tural workers and 1 representative of 

17 the Department of Labor, each ap18 pointed by the Secretary of Labor. 

19 ‘‘(iii) FUNCTIONS.—The Commission 

20 shall conduct a study that shall address— 

21 ‘‘(I) whether the employment of 

22 H–2A or unauthorized aliens in the 

23 United States agricultural workforce 

24 has depressed United States farm 

25 worker wages below the levels that 


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1 would otherwise have prevailed if alien 

2 farm workers had not been employed 

3 in the United States; 

4 ‘‘(II) whether an adverse effect 

5 wage rate is necessary to prevent 

6 wages of United States farm workers 

7 in occupations in which H–2A work8 ers are employed from falling below 

9 the wage levels that would have pre10 vailed in the absence of the employ11 ment of H–2A workers in those occu12 pations; 

13 ‘‘(III) whether alternative wage 

14 standards, such as a prevailing wage 

15 standard, would be sufficient to pre16 vent wages in occupations in which 

17 H–2A workers are employed from fall18 ing below the wage level that would 

19 have prevailed in the absence of H–2A 

20 employment; 

21 ‘‘(IV) whether any changes are 

22 warranted in the current methodolo23 gies for calculating the adverse effect 

24 wage rate and the prevailing wage 

25 rate; and 


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1 ‘‘(V) recommendations for future 

2 wage protection under this section. 

3 ‘‘(iv) FINAL REPORT.—Not later than 

4 December 31, 2008, the Commission shall 

5 submit a report to the Congress setting 

6 forth the findings of the study conducted 

7 under clause (iii). 

8 ‘‘(v) TERMINATION DATE.—The Com9 mission shall terminate upon submitting 

10 its final report. 

11 ‘‘(4) GUARANTEE OF EMPLOYMENT.— 

12 ‘‘(A) OFFER TO WORKER.—The employer 

13 shall guarantee to offer the worker employment 

14 for the hourly equivalent of at least three15 fourths of the work days of the total period of 

16 employment, beginning with the first work day 

17 after the arrival of the worker at the place of 

18 employment and ending on the expiration date 

19 specified in the job offer. For purposes of this 

20 subparagraph, the hourly equivalent means the 

21 number of hours in the work days as stated in 

22 the job offer and shall exclude the worker’s 

23 Sabbath and Federal holidays. If the employer 

24 affords the United States or H–2A worker less 

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1 graph, the employer shall pay such worker the 

2 amount which the worker would have earned 

3 had the worker, in fact, worked for the guaran4 teed number of hours. 

5 ‘‘(B) FAILURE TO WORK.—Any hours 

6 which the worker fails to work, up to a max7 imum of the number of hours specified in the 

8 job offer for a work day, when the worker has 

9 been offered an opportunity to do so, and all 

10 hours of work actually performed (including vol11 untary work in excess of the number of hours 

12 specified in the job offer in a work day, on the 

13 worker’s Sabbath, or on Federal holidays) may 

14 be counted by the employer in calculating 

15 whether the period of guaranteed employment 

16 has been met. 

17 ‘‘(C) ABANDONMENT OF EMPLOYMENT, 

18 TERMINATION FOR CAUSE.—If the worker vol19 untarily abandons employment before the end 

20 of the contract period, or is terminated for 

21 cause, the worker is not entitled to the ‘three22 fourths guarantee’ described in subparagraph 

23 (A). 

24 ‘‘(D) CONTRACT IMPOSSIBILITY.—If, be25 fore the expiration of the period of employment 


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1 specified in the job offer, the services of the 

2 worker are no longer required for reasons be3 yond the control of the employer due to any 

4 form of natural disaster, including but not lim5 ited to a flood, hurricane, freeze, earthquake, 

6 fire, drought, plant or animal disease or pest in7 festation, or regulatory drought, before the 

8 guarantee in subparagraph (A) is fulfilled, the 

9 employer may terminate the worker’s employ10 ment. In the event of such termination, the em11 ployer shall fulfill the employment guarantee in 

12 subparagraph (A) for the work days that have 

13 elapsed from the first work day after the arrival 

14 of the worker to the termination of employ15 ment. In such cases, the employer will make ef16 forts to transfer the United States worker to 

17 other comparable employment acceptable to the 

18 worker. If such transfer is not effected, the em19 ployer shall provide the return transportation 

20 required in paragraph (2)(D). 

21 ‘‘(5) MOTOR VEHICLE SAFETY.— 

22 ‘‘(A) MODE OF TRANSPORTATION SUBJECT

23 TO COVERAGE.— 

24 ‘‘(i) IN GENERAL.—Except as pro25 vided in clauses (iii) and (iv), this subVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 section applies to any H–2A employer that 

2 uses or causes to be used any vehicle to 

3 transport an H–2A worker within the 

4 United States. 

5 ‘‘(ii) DEFINED TERM.—In this para6 graph, the term ‘uses or causes to be 

7 used’— 

8 ‘‘(I) applies only to transpor9 tation provided by an H–2A employer 

10 to an H–2A worker, or by a farm 

11 labor contractor to an H–2A worker 

12 at the request or direction of an H– 

13 2A employer; and 

14 ‘‘(II) does not apply to— 

15 ‘‘(aa) transportation pro16 vided, or transportation arrange17 ments made, by an H–2A work18 er, unless the employer specifi19 cally requested or arranged such 

20 transportation; or 

21 ‘‘(bb) car pooling arrange22 ments made by H–2A workers 

23 themselves, using 1 of the work24 ers’ own vehicles, unless specifi25 cally requested by the employer 


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1 directly or through a farm labor 

2 contractor. 

3 ‘‘(iii) CLARIFICATION.—Providing a 

4 job offer to an H–2A worker that causes 

5 the worker to travel to or from the place 

6 of employment, or the payment or reim7 bursement of the transportation costs of 

8 an H–2A worker by an H–2A employer, 

9 shall not constitute an arrangement of, or 

10 participation in, such transportation. 

11 ‘‘(iv) AGRICULTURAL MACHINERY AND

12 EQUIPMENT EXCLUDED.—This subsection 

13 does not apply to the transportation of an 

14 H–2A worker on a tractor, combine, har15 vester, picker, or other similar machinery 

16 or equipment while such worker is actually 

17 engaged in the planting, cultivating, or 

18 harvesting of agricultural commodities or 

19 the care of livestock or poultry or engaged 

20 in transportation incidental thereto. 

21 ‘‘(v) COMMON CARRIERS EX22 CLUDED.—This subsection does not apply 

23 to common carrier motor vehicle transpor24 tation in which the provider holds itself out 

25 to the general public as engaging in the 


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1 transportation of passengers for hire and 

2 holds a valid certification of authorization 

3 for such purposes from an appropriate 

4 Federal, State, or local agency. 

5 ‘‘(B) APPLICABILITY OF STANDARDS, LI6 CENSING, AND INSURANCE REQUIREMENTS.— 

7 ‘‘(i) IN GENERAL.—When using, or 

8 causing to be used, any vehicle for the pur9 pose of providing transportation to which 

10 this subparagraph applies, each employer 

11 shall— 

12 ‘‘(I) ensure that each such vehi13 cle conforms to the standards pre14 scribed by the Secretary of Labor 

15 under section 401(b) of the Migrant 

16 and Seasonal Agricultural Worker 

17 Protection Act (29 U.S.C. 1841(b)) 

18 and other applicable Federal and 

19 State safety standards; 

20 ‘‘(II) ensure that each driver has 

21 a valid and appropriate license, as 

22 provided by State law, to operate the 

23 vehicle; and 

24 ‘‘(III) have an insurance policy 

25 or a liability bond that is in effect 


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1 which insures the employer against li2 ability for damage to persons or prop3 erty arising from the ownership, oper4 ation, or causing to be operated, of 

5 any vehicle used to transport any H– 

6 2A worker. 

7 ‘‘(ii) AMOUNT OF INSURANCE RE8 QUIRED.—The level of insurance required 

9 shall be determined by the Secretary of 

10 Labor pursuant to regulations to be issued 

11 under this subsection. 

12 ‘‘(iii) EFFECT OF WORKERS’ COM13 PENSATION COVERAGE.—If the employer 

14 of any H–2A worker provides workers’ 

15 compensation coverage for such worker in 

16 the case of bodily injury or death as pro17 vided by State law, the following adjust18 ments in the requirements of subparagraph 

19 (B)(i)(III) relating to having an insurance 

20 policy or liability bond apply: 

21 ‘‘(I) No insurance policy or liabil22 ity bond shall be required of the em23 ployer, if such workers are trans24 ported only under circumstances for 


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1 which there is coverage under such 

2 State law. 

3 ‘‘(II) An insurance policy or li4 ability bond shall be required of the 

5 employer for circumstances under 

6 which coverage for the transportation 

7 of such workers is not provided under 

8 such State law. 

9 ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An em10 ployer shall assure that, except as otherwise provided in 

11 this section, the employer will comply with all applicable 

12 Federal, State, and local labor laws, including laws affect13 ing migrant and seasonal agricultural workers, with re14 spect to all United States workers and alien workers em15 ployed by the employer, except that a violation of this as16 surance shall not constitute a violation of the Migrant and 

17 Seasonal Agricultural Worker Protection Act (29 U.S.C. 

18 1801 et seq.). 

19 ‘‘(d) COPY OF JOB OFFER.—The employer shall pro20 vide to the worker, not later than the day the work com21 mences, a copy of the employer’s application and job offer 

22 described in section 218(a), or, if the employer will require 

23 the worker to enter into a separate employment contract 

24 covering the employment in question, such separate em25 ployment contract. 


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1 ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.—Nothing 

2 in this section, section 218, or section 218F shall preclude 

3 the Secretary of Labor and the Secretary from continuing 

4 to apply special procedures and requirements to the ad5 mission and employment of aliens in occupations involving 

6 the range production of livestock. 

7 ‘‘SEC. 218F. PROCEDURE FOR ADMISSION AND EXTENSION 

8 OF STAY OF H–2A WORKERS. 

9 ‘‘(a) PETITIONING FOR ADMISSION.—An employer, 

10 or an association acting as an agent or joint employer for 

11 its members, that seeks the admission into the United 

12 States of an H–2A worker may file a petition with the 

13 Secretary. The petition shall be accompanied by an accept14 ed and currently valid certification provided by the Sec15 retary of Labor under section 218(e)(2)(B) covering the 

16 petitioner. 

17 ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC18 RETARY.—The Secretary shall establish a procedure for 

19 expedited adjudication of petitions filed under subsection 

20 (a) and within 7 working days shall, by fax, cable, or other 

21 means assuring expedited delivery, transmit a copy of no22 tice of action on the petition to the petitioner and, in the 

23 case of approved petitions, to the appropriate immigration 

24 officer at the port of entry or United States consulate (as 

25 the case may be) where the petitioner has indicated that 


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1 the alien beneficiary (or beneficiaries) will apply for a visa 

2 or admission to the United States. 

3 ‘‘(c) CRITERIA FOR ADMISSIBILITY.— 

4 ‘‘(1) IN GENERAL.—An H–2A worker shall be 

5 considered admissible to the United States if the 

6 alien is otherwise admissible under this section, sec7 tion 218, and section 218E, and the alien is not in8 eligible under paragraph (2). 

9 ‘‘(2) DISQUALIFICATION.—An alien shall be 

10 considered inadmissible to the United States and in11 eligible for nonimmigrant status under section 

12 101(a)(15)(H)(ii)(a) if the alien has, at any time 

13 during the past 5 years— 

14 ‘‘(A) violated a material provision of this 

15 section, including the requirement to promptly 

16 depart the United States when the alien’s au17 thorized period of admission under this section 

18 has expired; or 

19 ‘‘(B) otherwise violated a term or condition 

20 of admission into the United States as a non21 immigrant, including overstaying the period of 

22 authorized admission as such a nonimmigrant. 

23 ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW24 FUL PRESENCE.— 


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1 ‘‘(A) IN GENERAL.—An alien who has not 

2 previously been admitted into the United States 

3 pursuant to this section, and who is otherwise 

4 eligible for admission in accordance with para5 graphs (1) and (2), shall not be deemed inad6 missible by virtue of section 212(a)(9)(B). If an 

7 alien described in the preceding sentence is 

8 present in the United States, the alien may 

9 apply from abroad for H–2A status, but may 

10 not be granted that status in the United States. 

11 ‘‘(B) MAINTENANCE OF WAIVER.—An 

12 alien provided an initial waiver of ineligibility 

13 pursuant to subparagraph (A) shall remain eli14 gible for such waiver unless the alien violates 

15 the terms of this section or again becomes ineli16 gible under section 212(a)(9)(B) by virtue of 

17 unlawful presence in the United States after 

18 the date of the initial waiver of ineligibility pur19 suant to subparagraph (A). 

20 ‘‘(d) PERIOD OF ADMISSION.— 

21 ‘‘(1) IN GENERAL.—The alien shall be admitted 

22 for the period of employment in the application cer23 tified by the Secretary of Labor pursuant to section 

24 218(e)(2)(B), not to exceed 10 months, supple25 mented by a period of not more than 1 week before 


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1 the beginning of the period of employment for the 

2 purpose of travel to the work site and a period of 

3 14 days following the period of employment for the 

4 purpose of departure or extension based on a subse5 quent offer of employment, except that— 

6 ‘‘(A) the alien is not authorized to be em7 ployed during such 14-day period except in the 

8 employment for which the alien was previously 

9 authorized; and 

10 ‘‘(B) the total period of employment, in11 cluding such 14-day period, may not exceed 10 

12 months. 

13 ‘‘(2) CONSTRUCTION.—Nothing in this sub14 section shall limit the authority of the Secretary to 

15 extend the stay of the alien under any other provi16 sion of this Act. 

17 ‘‘(e) ABANDONMENT OF EMPLOYMENT.— 

18 ‘‘(1) IN GENERAL.—An alien admitted or pro19 vided status under section 101(a)(15)(H)(ii)(a) who 

20 abandons the employment which was the basis for 

21 such admission or status shall be considered to have 

22 failed to maintain nonimmigrant status as an H–2A 

23 worker and shall depart the United States or be sub24 ject to removal under section 237(a)(1)(C)(i). 


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1 ‘‘(2) REPORT BY EMPLOYER.—The employer, or 

2 association acting as agent for the employer, shall 

3 notify the Secretary not later than 7 days after an 

4 H–2A worker prematurely abandons employment. 

5 ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec6 retary shall promptly remove from the United States 

7 any H–2A worker who violates any term or condi8 tion of the worker’s nonimmigrant status. 

9 ‘‘(4) VOLUNTARY TERMINATION.—Notwith10 standing paragraph (1), an alien may voluntarily 

11 terminate his or her employment if the alien prompt12 ly departs the United States upon termination of 

13 such employment. 

14 ‘‘(f) REPLACEMENT OF ALIEN.— 

15 ‘‘(1) IN GENERAL.—Upon presentation of the 

16 notice to the Secretary required by subsection (e)(2), 

17 the Secretary of State shall promptly issue a visa to, 

18 and the Secretary shall admit into the United 

19 States, an eligible alien designated by the employer 

20 to replace an H–2A worker— 

21 ‘‘(A) who abandons or prematurely termi22 nates employment; or 

23 ‘‘(B) whose employment is terminated 

24 after a United States worker is employed pur25 suant to section 218(b)(2)(H)(iii), if the United 


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1 States worker voluntarily departs before the 

2 end of the period of intended employment or if 

3 the employment termination is for a lawful job4 related reason. 

5 ‘‘(2) CONSTRUCTION.—Nothing in this sub6 section is intended to limit any preference required 

7 to be accorded United States workers under any 

8 other provision of this Act. 

9 ‘‘(g) IDENTIFICATION DOCUMENT.— 

10 ‘‘(1) IN GENERAL.—Each alien authorized to be 

11 admitted under section 101(a)(15)(H)(ii)(a) shall be 

12 provided an identification and employment eligibility 

13 document to verify eligibility for employment in the 

14 United States and verify such person’s proper iden15 tity. 

16 ‘‘(2) REQUIREMENTS.—No identification and 

17 employment eligibility document may be issued 

18 which does not meet the following requirements: 

19 ‘‘(A) The document shall be capable of re20 liably determining whether— 

21 ‘‘(i) the individual with the identifica22 tion and employment eligibility document 

23 whose eligibility is being verified is in fact 

24 eligible for employment; 


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1 ‘‘(ii) the individual whose eligibility is 

2 being verified is claiming the identity of 

3 another person; and 

4 ‘‘(iii) the individual whose eligibility is 

5 being verified is authorized to be admitted 

6 into, and employed in, the United States 

7 as an H–2A worker. 

8 ‘‘(B) The document shall be in a form that 

9 is resistant to counterfeiting and to tampering. 

10 ‘‘(C) The document shall— 

11 ‘‘(i) be compatible with other data12 bases of the Secretary for the purpose of 

13 excluding aliens from benefits for which 

14 they are not eligible and determining 

15 whether the alien is unlawfully present in 

16 the United States; and 

17 ‘‘(ii) be compatible with law enforce18 ment databases to determine if the alien 

19 has been convicted of criminal offenses. 

20 ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN THE

21 UNITED STATES.— 

22 ‘‘(1) EXTENSION OF STAY.—If an employer 

23 seeks approval to employ an H–2A alien who is law24 fully present in the United States, the petition filed 

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1 section (a), shall request an extension of the alien’s 

2 stay and a change in the alien’s employment. 

3 ‘‘(2) LIMITATION ON FILING A PETITION FOR

4 EXTENSION OF STAY.—A petition may not be filed 

5 for an extension of an alien’s stay— 

6 ‘‘(A) for a period of more than 10 months; 

7 or 

8 ‘‘(B) to a date that is more than 3 years 

9 after the date of the alien’s last admission to 

10 the United States under this section. 

11 ‘‘(3) WORK AUTHORIZATION UPON FILING A

12 PETITION FOR EXTENSION OF STAY.— 

13 ‘‘(A) IN GENERAL.—An alien who is law14 fully present in the United States may com15 mence the employment described in a petition 

16 under paragraph (1) on the date on which the 

17 petition is filed. 

18 ‘‘(B) DEFINITION.—For purposes of sub19 paragraph (A), the term ‘file’ means sending 

20 the petition by certified mail via the United 

21 States Postal Service, return receipt requested, 

22 or delivered by guaranteed commercial delivery 

23 which will provide the employer with a docu24 mented acknowledgment of the date of receipt 

25 of the petition. 


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1 ‘‘(C) HANDLING OF PETITION.—The em2 ployer shall provide a copy of the employer’s pe3 tition to the alien, who shall keep the petition 

4 with the alien’s identification and employment 

5 eligibility document as evidence that the peti6 tion has been filed and that the alien is author7 ized to work in the United States. 

8 ‘‘(D) APPROVAL OF PETITION.—Upon ap9 proval of a petition for an extension of stay or 

10 change in the alien’s authorized employment, 

11 the Secretary shall provide a new or updated 

12 employment eligibility document to the alien in13 dicating the new validity date, after which the 

14 alien is not required to retain a copy of the pe15 tition. 

16 ‘‘(4) LIMITATION ON EMPLOYMENT AUTHORIZA17 TION OF ALIENS WITHOUT VALID IDENTIFICATION

18 AND EMPLOYMENT ELIGIBILITY DOCUMENT.—An ex19 pired identification and employment eligibility docu20 ment, together with a copy of a petition for exten21 sion of stay or change in the alien’s authorized em22 ployment that complies with the requirements of 

23 paragraph (1), shall constitute a valid work author24 ization document for a period of not more than 60 

25 days beginning on the date on which such petition 


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•S 2611 PCS

1 is filed, after which time only a currently valid iden2 tification and employment eligibility document shall 

3 be acceptable. 

4 ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN

5 STATUS.— 

6 ‘‘(A) MAXIMUM PERIOD.—The maximum 

7 continuous period of authorized status as an 

8 H–2A worker (including any extensions) is 3 

9 years. 

10 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

11 THE UNITED STATES.— 

12 ‘‘(i) IN GENERAL.—Subject to clause 

13 (ii), in the case of an alien outside the 

14 United States whose period of authorized 

15 status as an H–2A worker (including any 

16 extensions) has expired, the alien may not 

17 again apply for admission to the United 

18 States as an H–2A worker unless the alien 

19 has remained outside the United States for 

a continuous period equal to at least 1 20 ⁄5

21 the duration of the alien’s previous period 

22 of authorized status as an H–2A worker 

23 (including any extensions). 

24 ‘‘(ii) EXCEPTION.—Clause (i) shall 

25 not apply in the case of an alien if the 


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1 alien’s period of authorized status as an 

2 H–2A worker (including any extensions) 

3 was for a period of not more than 10 

4 months and such alien has been outside 

5 the United States for at least 2 months 

6 during the 12 months preceding the date 

7 the alien again is applying for admission to 

8 the United States as an H–2A worker. 

9 ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED AS

10 SHEEPHERDERS, GOAT HERDERS, OR DAIRY WORK11 ERS.—Notwithstanding any provision of the Agricultural 

12 Job Opportunities, Benefits, and Security Act of 2006, an 

13 alien admitted under section 101(a)(15)(H)(ii)(a) for em14 ployment as a sheepherder, goat herder, or dairy worker— 

15 ‘‘(1) may be admitted for an initial period of 12 

16 months; 

17 ‘‘(2) subject to subsection (j)(5), may have such 

18 initial period of admission extended for a period of 

19 up to 3 years; and 

20 ‘‘(3) shall not be subject to the requirements of 

21 subsection (h)(5) (relating to periods of absence 

22 from the United States). 

23 ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT RESI24 DENT STATUS FOR ALIENS EMPLOYED AS SHEEP25 HERDERS, GOAT HERDERS, OR DAIRY WORKERS.— 


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1 ‘‘(1) ELIGIBLE ALIEN.—For purposes of this 

2 subsection, the term ‘eligible alien’ means an alien— 

3 ‘‘(A) having nonimmigrant status under 

4 section 101(a)(15)(H)(ii)(a) based on employ5 ment as a sheepherder, goat herder, or dairy 

6 worker; 

7 ‘‘(B) who has maintained such non8 immigrant status in the United States for a cu9 mulative total of 36 months (excluding any pe10 riod of absence from the United States); and 

11 ‘‘(C) who is seeking to receive an immi12 grant visa under section 203(b)(3)(A)(iii). 

13 ‘‘(2) CLASSIFICATION PETITION.—In the case 

14 of an eligible alien, the petition under section 204 

15 for classification under section 203(b)(3)(A)(iii) may 

16 be filed by— 

17 ‘‘(A) the alien’s employer on behalf of an 

18 eligible alien; or 

19 ‘‘(B) the eligible alien. 

20 ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— 

21 Notwithstanding section 203(b)((3)(C), no deter22 mination under section 212(a)(5)(A) is required with 

23 respect to an immigrant visa described in paragraph 

24 (1)(C) for an eligible alien. 


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1 ‘‘(4) EFFECT OF PETITION.—The filing of a pe2 tition described in paragraph (2) or an application 

3 for adjustment of status based on the approval of 

4 such a petition, shall not constitute evidence of an 

5 alien’s ineligibility for nonimmigrant status under 

6 section 101(a)(15)(H)(ii)(a). 

7 ‘‘(5) EXTENSION OF STAY.—The Secretary of 

8 Homeland Security shall extend the stay of an eligi9 ble alien having a pending or approved classification 

10 petition described in paragraph (2) in 1-year incre11 ments until a final determination is made on the 

12 alien’s eligibility for adjustment of status to that of 

13 an alien lawfully admitted for permanent residence. 

14 ‘‘(6) CONSTRUCTION.—Nothing in this sub15 section shall be construed to prevent an eligible alien 

16 from seeking adjustment of status in accordance 

17 with any other provision of law. 

18 ‘‘SEC. 218G. WORKER PROTECTIONS AND LABOR STAND19 ARDS ENFORCEMENT. 

20 ‘‘(a) ENFORCEMENT AUTHORITY.— 

21 ‘‘(1) INVESTIGATION OF COMPLAINTS.— 

22 ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

23 COMPLAINTS.—The Secretary of Labor shall es24 tablish a process for the receipt, investigation, 

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1 tioner’s failure to meet a condition specified in 

2 section 218(b), or an employer’s misrepresenta3 tion of material facts in an application under 

4 section 218(a). Complaints may be filed by any 

5 aggrieved person or organization (including bar6 gaining representatives). No investigation or 

7 hearing shall be conducted on a complaint con8 cerning such a failure or misrepresentation un9 less the complaint was filed not later than 12 

10 months after the date of the failure, or mis11 representation, respectively. The Secretary of 

12 Labor shall conduct an investigation under this 

13 subparagraph if there is reasonable cause to be14 lieve that such a failure or misrepresentation 

15 has occurred. 

16 ‘‘(B) DETERMINATION ON COMPLAINT.— 

17 Under such process, the Secretary of Labor 

18 shall provide, within 30 days after the date 

19 such a complaint is filed, for a determination as 

20 to whether or not a reasonable basis exists to 

21 make a finding described in subparagraph (C), 

22 (D), (E), or (H). If the Secretary of Labor de23 termines that such a reasonable basis exists, 

24 the Secretary of Labor shall provide for notice 

25 of such determination to the interested parties 


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1 and an opportunity for a hearing on the com2 plaint, in accordance with section 556 of title 5, 

3 United States Code, within 60 days after the 

4 date of the determination. If such a hearing is 

5 requested, the Secretary of Labor shall make a 

6 finding concerning the matter not later than 60 

7 days after the date of the hearing. In the case 

8 of similar complaints respecting the same appli9 cant, the Secretary of Labor may consolidate 

10 the hearings under this subparagraph on such 

11 complaints. 

12 ‘‘(C) FAILURES TO MEET CONDITIONS.—If 

13 the Secretary of Labor finds, after notice and 

14 opportunity for a hearing, a failure to meet a 

15 condition of paragraph (1)(A), (1)(B), (1)(D), 

16 (1)(F), (2)(A), (2)(B), or (2)(G) of section 

17 218(b), a substantial failure to meet a condition 

18 of paragraph (1)(C), (1)(E), (2)(C), (2)(D), 

19 (2)(E), or (2)(H) of section 218(b), or a mate20 rial misrepresentation of fact in an application 

21 under section 218(a)— 

22 ‘‘(i) the Secretary of Labor shall no23 tify the Secretary of such finding and may, 

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1 alties in an amount not to exceed $1,000 

2 per violation) as the Secretary of Labor 

3 determines to be appropriate; and 

4 ‘‘(ii) the Secretary may disqualify the 

5 employer from the employment of aliens 

6 described in section 101(a)(15)(H)(ii)(a) 

7 for a period of 1 year. 

8 ‘‘(D) WILLFUL FAILURES AND WILLFUL

9 MISREPRESENTATIONS.—If the Secretary of 

10 Labor finds, after notice and opportunity for 

11 hearing, a willful failure to meet a condition of 

12 section 218(b), a willful misrepresentation of a 

13 material fact in an application under section 

14 218(a), or a violation of subsection (d)(1)— 

15 ‘‘(i) the Secretary of Labor shall no16 tify the Secretary of such finding and may, 

17 in addition, impose such other administra18 tive remedies (including civil money pen19 alties in an amount not to exceed $5,000 

20 per violation) as the Secretary of Labor 

21 determines to be appropriate; 

22 ‘‘(ii) the Secretary of Labor may seek 

23 appropriate legal or equitable relief to ef24 fectuate the purposes of subsection (d)(1); 

25 and 


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1 ‘‘(iii) the Secretary may disqualify the 

2 employer from the employment of H–2A 

3 workers for a period of 2 years. 

4 ‘‘(E) DISPLACEMENT OF UNITED STATES

5 WORKERS.—If the Secretary of Labor finds, 

6 after notice and opportunity for hearing, a will7 ful failure to meet a condition of section 218(b) 

8 or a willful misrepresentation of a material fact 

9 in an application under section 218(a), in the 

10 course of which failure or misrepresentation the 

11 employer displaced a United States worker em12 ployed by the employer during the period of em13 ployment on the employer’s application under 

14 section 218(a) or during the period of 30 days 

15 preceding such period of employment— 

16 ‘‘(i) the Secretary of Labor shall no17 tify the Secretary of such finding and may, 

18 in addition, impose such other administra19 tive remedies (including civil money pen20 alties in an amount not to exceed $15,000 

21 per violation) as the Secretary of Labor 

22 determines to be appropriate; and 

23 ‘‘(ii) the Secretary may disqualify the 

24 employer from the employment of H–2A 

25 workers for a period of 3 years. 


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1 ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN2 ALTIES.—The Secretary of Labor shall not im3 pose total civil money penalties with respect to 

4 an application under section 218(a) in excess of 

5 $90,000. 

6 ‘‘(G) FAILURES TO PAY WAGES OR RE7 QUIRED BENEFITS.—If the Secretary of Labor 

8 finds, after notice and opportunity for a hear9 ing, that the employer has failed to pay the 

10 wages, or provide the housing allowance, trans11 portation, subsistence reimbursement, or guar12 antee of employment, required under section 

13 218E(b), the Secretary of Labor shall assess 

14 payment of back wages, or other required bene15 fits, due any United States worker or H–2A 

16 worker employed by the employer in the specific 

17 employment in question. The back wages or 

18 other required benefits under section 218E(b) 

19 shall be equal to the difference between the 

20 amount that should have been paid and the 

21 amount that actually was paid to such worker. 

22 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in 

23 this section shall be construed as limiting the au24 thority of the Secretary of Labor to conduct any 

25 compliance investigation under any other labor law, 


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1 including any law affecting migrant and seasonal ag2 ricultural workers, or, in the absence of a complaint 

3 under this section, under section 218 or 218E. 

4 ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE RIGHT OF

5 ACTION.—H–2A workers may enforce the following rights 

6 through the private right of action provided in subsection 

7 (c), and no other right of action shall exist under Federal 

8 or State law to enforce such rights: 

9 ‘‘(1) The providing of housing or a housing al10 lowance as required under section 218E(b)(1). 

11 ‘‘(2) The reimbursement of transportation as 

12 required under section 218E(b)(2). 

13 ‘‘(3) The payment of wages required under sec14 tion 218E(b)(3) when due. 

15 ‘‘(4) The benefits and material terms and con16 ditions of employment expressly provided in the job 

17 offer described in section 218(a)(2), not including 

18 the assurance to comply with other Federal, State, 

19 and local labor laws described in section 218E(c), 

20 compliance with which shall be governed by the pro21 visions of such laws. 

22 ‘‘(5) The guarantee of employment required 

23 under section 218E(b)(4). 

24 ‘‘(6) The motor vehicle safety requirements 

25 under section 218E(b)(5). 


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1 ‘‘(7) The prohibition of discrimination under 

2 subsection (d)(2). 

3 ‘‘(c) PRIVATE RIGHT OF ACTION.— 

4 ‘‘(1) MEDIATION.—Upon the filing of a com5 plaint by an H–2A worker aggrieved by a violation 

6 of rights enforceable under subsection (b), and with7 in 60 days of the filing of proof of service of the 

8 complaint, a party to the action may file a request 

9 with the Federal Mediation and Conciliation Service 

10 to assist the parties in reaching a satisfactory reso11 lution of all issues involving all parties to the dis12 pute. Upon a filing of such request and giving of no13 tice to the parties, the parties shall attempt medi14 ation within the period specified in subparagraph 

15 (B). 

16 ‘‘(A) MEDIATION SERVICES.—The Federal 

17 Mediation and Conciliation Service shall be 

18 available to assist in resolving disputes arising 

19 under subsection (b) between H–2A workers 

20 and agricultural employers without charge to 

21 the parties. 

22 ‘‘(B) 90-DAY LIMIT.—The Federal Medi23 ation and Conciliation Service may conduct me24 diation or other non-binding dispute resolution 

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1 ginning on the date on which the Federal Medi2 ation and Conciliation Service receives the re3 quest for assistance unless the parties agree to 

4 an extension of this period of time. 

5 ‘‘(C) AUTHORIZATION.— 

6 ‘‘(i) IN GENERAL.—Subject to clause 

7 (ii), there are authorized to be appro8 priated to the Federal Mediation and Con9 ciliation Service $500,000 for each fiscal 

10 year to carry out this section. 

11 ‘‘(ii) MEDIATION.—Notwithstanding 

12 any other provision of law, the Director of 

13 the Federal Mediation and Conciliation 

14 Service is authorized to conduct the medi15 ation or other dispute resolution activities 

16 from any other appropriated funds avail17 able to the Director and to reimburse such 

18 appropriated funds when the funds are ap19 propriated pursuant to this authorization, 

20 such reimbursement to be credited to ap21 propriations currently available at the time 

22 of receipt. 

23 ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS24 TRICT COURT BY AGGRIEVED PERSON.—An H–2A 

25 worker aggrieved by a violation of rights enforceable 


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1 under subsection (b) by an agricultural employer or 

2 other person may file suit in any district court of the 

3 United States having jurisdiction of the parties, 

4 without regard to the amount in controversy, with5 out regard to the citizenship of the parties, and 

6 without regard to the exhaustion of any alternative 

7 administrative remedies under this Act, not later 

8 than 3 years after the date the violation occurs. 

9 ‘‘(3) ELECTION.—An H–2A worker who has 

10 filed an administrative complaint with the Secretary 

11 of Labor may not maintain a civil action under 

12 paragraph (2) unless a complaint based on the same 

13 violation filed with the Secretary of Labor under 

14 subsection (a)(1) is withdrawn before the filing of 

15 such action, in which case the rights and remedies 

16 available under this subsection shall be exclusive. 

17 ‘‘(4) PREEMPTION OF STATE CONTRACT

18 RIGHTS.—Nothing in this Act shall be construed to 

19 diminish the rights and remedies of an H–2A worker 

20 under any other Federal or State law or regulation 

21 or under any collective bargaining agreement, except 

22 that no court or administrative action shall be avail23 able under any State contract law to enforce the 

24 rights created by this Act. 


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1 ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree2 ments by employees purporting to waive or modify 

3 their rights under this Act shall be void as contrary 

4 to public policy, except that a waiver or modification 

5 of the rights or obligations in favor of the Secretary 

6 of Labor shall be valid for purposes of the enforce7 ment of this Act. The preceding sentence may not 

8 be construed to prohibit agreements to settle private 

9 disputes or litigation. 

10 ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI11 TABLE RELIEF.— 

12 ‘‘(A) If the court finds that the respondent 

13 has intentionally violated any of the rights en14 forceable under subsection (b), it shall award 

15 actual damages, if any, or equitable relief. 

16 ‘‘(B) Any civil action brought under this 

17 section shall be subject to appeal as provided in 

18 chapter 83 of title 28, United States Code. 

19 ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX20 CLUSIVE REMEDY.— 

21 ‘‘(A) Notwithstanding any other provision 

22 of this section, where a State’s workers’ com23 pensation law is applicable and coverage is pro24 vided for an H–2A worker, the workers’ com25 pensation benefits shall be the exclusive remedy 


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1 for the loss of such worker under this section 

2 in the case of bodily injury or death in accord3 ance with such State’s workers’ compensation 

4 law. 

5 ‘‘(B) The exclusive remedy prescribed in 

6 subparagraph (A) precludes the recovery under 

7 paragraph (6) of actual damages for loss from 

8 an injury or death but does not preclude other 

9 equitable relief, except that such relief shall not 

10 include back or front pay or in any manner, di11 rectly or indirectly, expand or otherwise alter or 

12 affect— 

13 ‘‘(i) a recovery under a State workers’ 

14 compensation law; or 

15 ‘‘(ii) rights conferred under a State 

16 workers’ compensation law. 

17 ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— 

18 If it is determined under a State workers’ compensa19 tion law that the workers’ compensation law is not 

20 applicable to a claim for bodily injury or death of an 

21 H–2A worker, the statute of limitations for bringing 

22 an action for actual damages for such injury or 

23 death under subsection (c) shall be tolled for the pe24 riod during which the claim for such injury or death 

25 under such State workers’ compensation law was 


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1 pending. The statute of limitations for an action for 

2 actual damages or other equitable relief arising out 

3 of the same transaction or occurrence as the injury 

4 or death of the H–2A worker shall be tolled for the 

5 period during which the claim for such injury or 

6 death was pending under the State workers’ com7 pensation law. 

8 ‘‘(9) PRECLUSIVE EFFECT.—Any settlement by 

9 an H–2A worker and an H–2A employer or any per10 son reached through the mediation process required 

11 under subsection (c)(1) shall preclude any right of 

12 action arising out of the same facts between the par13 ties in any Federal or State court or administrative 

14 proceeding, unless specifically provided otherwise in 

15 the settlement agreement. 

16 ‘‘(10) SETTLEMENTS.—Any settlement by the 

17 Secretary of Labor with an H–2A employer on be18 half of an H–2A worker of a complaint filed with the 

19 Secretary of Labor under this section or any finding 

20 by the Secretary of Labor under subsection 

21 (a)(1)(B) shall preclude any right of action arising 

22 out of the same facts between the parties under any 

23 Federal or State court or administrative proceeding, 

24 unless specifically provided otherwise in the settle25 ment agreement. 


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1 ‘‘(d) DISCRIMINATION PROHIBITED.— 

2 ‘‘(1) IN GENERAL.—It is a violation of this sub3 section for any person who has filed an application 

4 under section 218(a), to intimidate, threaten, re5 strain, coerce, blacklist, discharge, or in any other 

6 manner discriminate against an employee (which 

7 term, for purposes of this subsection, includes a 

8 former employee and an applicant for employment) 

9 because the employee has disclosed information to 

10 the employer, or to any other person, that the em11 ployee reasonably believes evidences a violation of 

12 section 218 or 218E or any rule or regulation per13 taining to section 218 or 218E, or because the em14 ployee cooperates or seeks to cooperate in an inves15 tigation or other proceeding concerning the employ16 er’s compliance with the requirements of section 218 

17 or 218E or any rule or regulation pertaining to ei18 ther of such sections. 

19 ‘‘(2) DISCRIMINATION AGAINST H–2A WORK20 ERS.—It is a violation of this subsection for any per21 son who has filed an application under section 

22 218(a), to intimidate, threaten, restrain, coerce, 

23 blacklist, discharge, or in any manner discriminate 

24 against an H–2A employee because such worker has, 

25 with just cause, filed a complaint with the Secretary 


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1 of Labor regarding a denial of the rights enumer2 ated and enforceable under subsection (b) or insti3 tuted, or caused to be instituted, a private right of 

4 action under subsection (c) regarding the denial of 

5 the rights enumerated under subsection (b), or has 

6 testified or is about to testify in any court pro7 ceeding brought under subsection (c). 

8 ‘‘(e) AUTHORIZATION TO SEEK OTHER APPROPRIATE

9 EMPLOYMENT.—The Secretary of Labor and the Sec10 retary shall establish a process under which an H–2A 

11 worker who files a complaint regarding a violation of sub12 section (d) and is otherwise eligible to remain and work 

13 in the United States may be allowed to seek other appro14 priate employment in the United States for a period not 

15 to exceed the maximum period of stay authorized for such 

16 nonimmigrant classification. 

17 ‘‘(f) ROLE OF ASSOCIATIONS.— 

18 ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA19 TION.—An employer on whose behalf an application 

20 is filed by an association acting as its agent is fully 

21 responsible for such application, and for complying 

22 with the terms and conditions of sections 218 and 

23 218E, as though the employer had filed the applica24 tion itself. If such an employer is determined, under 

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1 alty for such violation shall apply only to that mem2 ber of the association unless the Secretary of Labor 

3 determines that the association or other member 

4 participated in, had knowledge, or reason to know, 

5 of the violation, in which case the penalty shall be 

6 invoked against the association or other association 

7 member as well. 

8 ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING

9 AS AN EMPLOYER.—If an association filing an appli10 cation as a sole or joint employer is determined to 

11 have committed a violation under this section, the 

12 penalty for such violation shall apply only to the as13 sociation unless the Secretary of Labor determines 

14 that an association member or members participated 

15 in or had knowledge, or reason to know of the viola16 tion, in which case the penalty shall be invoked 

17 against the association member or members as well. 

18 ‘‘SEC. 218H. DEFINITIONS. 

19 ‘‘For purposes of this section, section 218, and sec20 tions 218E through 218G: 

21 ‘‘(1) AGRICULTURAL EMPLOYMENT.—The term 

22 ‘agricultural employment’ means any service or ac23 tivity that is considered to be agricultural under sec24 tion 3(f) of the Fair Labor Standards Act of 1938 

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1 tion 3121(g) of the Internal Revenue Code of 1986 

2 (26 U.S.C. 3121(g)). For purposes of this para3 graph, agricultural employment includes employment 

4 under section 101(a)(15)(H)(ii)(a). 

5 ‘‘(2) BONA FIDE UNION.—The term ‘bona fide 

6 union’ means any organization in which employees 

7 participate and which exists for the purpose of deal8 ing with employers concerning grievances, labor dis9 putes, wages, rates of pay, hours of employment, or 

10 other terms and conditions of work for agricultural 

11 employees. Such term does not include an organiza12 tion formed, created, administered, supported, domi13 nated, financed, or controlled by an employer or em14 ployer association or its agents or representatives. 

15 ‘‘(3) DISPLACE.—The term ‘displace’, in the 

16 case of an application with respect to 1 or more H– 

17 2A workers by an employer, means laying off a 

18 United States worker from a job for which the H– 

19 2A worker or workers is or are sought. 

20 ‘‘(4) ELIGIBLE.—The term ‘eligible’, when used 

21 with respect to an individual, means an individual 

22 who is not an unauthorized alien (as defined in sec23 tion 274A). 

24 ‘‘(5) EMPLOYER.—The term ‘employer’ means 

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1 tractor and any agricultural association, that em2 ploys workers in agricultural employment. 

3 ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em4 ployer’ means an employer who seeks to hire 1 or 

5 more nonimmigrant aliens described in section 

6 101(a)(15)(H)(ii)(a). 

7 ‘‘(7) H–2A WORKER.—The term ‘H–2A worker’ 

8 means a nonimmigrant described in section 

9 101(a)(15)(H)(ii)(a). 

10 ‘‘(8) JOB OPPORTUNITY.—The term ‘job oppor11 tunity’ means a job opening for temporary full-time 

12 employment at a place in the United States to which 

13 United States workers can be referred. 

14 ‘‘(9) LAYS OFF.— 

15 ‘‘(A) IN GENERAL.—The term ‘lays off’, 

16 with respect to a worker— 

17 ‘‘(i) means to cause the worker’s loss 

18 of employment, other than through a dis19 charge for inadequate performance, viola20 tion of workplace rules, cause, voluntary 

21 departure, voluntary retirement, contract 

22 impossibility (as described in section 

23 218E(b)(4)(D)), or temporary layoffs due 

24 to weather, markets, or other temporary 

25 conditions; but 


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1 ‘‘(ii) does not include any situation in 

2 which the worker is offered, as an alter3 native to such loss of employment, a simi4 lar employment opportunity with the same 

5 employer (or, in the case of a placement of 

6 a worker with another employer under sec7 tion 218(b)(2)(E), with either employer de8 scribed in such section) at equivalent or 

9 higher compensation and benefits than the 

10 position from which the employee was dis11 charged, regardless of whether or not the 

12 employee accepts the offer. 

13 ‘‘(B) STATUTORY CONSTRUCTION.—Noth14 ing in this paragraph is intended to limit an 

15 employee’s rights under a collective bargaining 

16 agreement or other employment contract. 

17 ‘‘(10) REGULATORY DROUGHT.—The term ‘reg18 ulatory drought’ means a decision subsequent to the 

19 filing of the application under section 218 by an en20 tity not under the control of the employer making 

21 such filing which restricts the employer’s access to 

22 water for irrigation purposes and reduces or limits 

23 the employer’s ability to produce an agricultural 

24 commodity, thereby reducing the need for labor. 


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1 ‘‘(11) SEASONAL.—Labor is performed on a 

2 ‘seasonal’ basis if— 

3 ‘‘(A) ordinarily, it pertains to or is of the 

4 kind exclusively performed at certain seasons or 

5 periods of the year; and 

6 ‘‘(B) from its nature, it may not be contin7 uous or carried on throughout the year. 

8 ‘‘(12) SECRETARY.—The term ‘Secretary’ 

9 means the Secretary of Homeland Security. 

10 ‘‘(13) TEMPORARY.—A worker is employed on a 

11 ‘temporary’ basis where the employment is intended 

12 not to exceed 10 months. 

13 ‘‘(14) UNITED STATES WORKER.—The term 

14 ‘United States worker’ means any worker, whether 

15 a United States citizen or national, a lawfully admit16 ted permanent resident alien, or any other alien, 

17 who is authorized to work in the job opportunity 

18 within the United States, except an alien admitted 

19 or otherwise provided status under section 

20 101(a)(15)(H)(ii)(a).’’. 

21 (b) TABLE OF CONTENTS.—The table of contents (8 

22 U.S.C. 1101 et seq.) is amended— 

23 (1) by striking the item relating to section 218 

24 and inserting the following: 

‘‘Sec. 218. H–2A employer applications.’’; and 


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1 (2) by inserting after the item relating to sec2 tion 218D, as added by section 601 of this Act, the 

3 following: 

‘‘Sec. 218E. H–2A employment requirements. 

‘‘Sec. 218F. Procedure for admission and extension of stay of H–2A workers. 

‘‘Sec. 218G. Worker protections and labor standards enforcement. 

‘‘Sec. 218H. Definitions.’’. 

4 CHAPTER 3—MISCELLANEOUS 

5 PROVISIONS 

6 SEC. 616. DETERMINATION AND USE OF USER FEES. 

7 (a) SCHEDULE OF FEES.—The Secretary shall estab8 lish and periodically adjust a schedule of fees for the em9 ployment of aliens under this subtitle and the amendments 

10 made by this subtitle, and a collection process for such 

11 fees from employers participating in the program provided 

12 under this subtitle. Such fees shall be the only fees charge13 able to employers for services provided under this subtitle. 

14 (b) DETERMINATION OF SCHEDULE.— 

15 (1) IN GENERAL.—The schedule under sub16 section (a) shall reflect a fee rate based on the num17 ber of job opportunities indicated in the employer’s 

18 application under section 218 of the Immigration 

19 and Nationality Act, as added by section 615 of this 

20 Act, and sufficient to provide for the direct costs of 

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1 ers, the issuance of documentation, and the admis2 sion of eligible aliens. 

3 (2) PROCEDURE.— 

4 (A) IN GENERAL.—In establishing and ad5 justing such a schedule, the Secretary shall 

6 comply with Federal cost accounting and fee 

7 setting standards. 

8 (B) PUBLICATION AND COMMENT.—The 

9 Secretary shall publish in the Federal Register 

10 an initial fee schedule and associated collection 

11 process and the cost data or estimates upon 

12 which such fee schedule is based, and any sub13 sequent amendments thereto, pursuant to which 

14 public comment shall be sought and a final rule 

15 issued. 

16 (c) USE OF PROCEEDS.—Notwithstanding any other 

17 provision of law, all proceeds resulting from the payment 

18 of the alien employment user fees shall be available with19 out further appropriation and shall remain available with20 out fiscal year limitation to reimburse the Secretary, the 

21 Secretary of State, and the Secretary of Labor for the 

22 costs of carrying out sections 218 and 218F of the Immi23 gration and Nationality Act, as added by section 615 of 

24 this Act, and the provisions of this subtitle. 


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1 SEC. 617. REGULATIONS. 

2 (a) REGULATIONS OF THE SECRETARY.—The Sec3 retary shall consult with the Secretary of Labor and the 

4 Secretary of Agriculture on all regulations to implement 

5 the duties of the Secretary under this subtitle and the 

6 amendments made by this subtitle. 

7 (b) REGULATIONS OF THE SECRETARY OF STATE.— 

8 The Secretary of State shall consult with the Secretary, 

9 the Secretary of Labor, and the Secretary of Agriculture 

10 on all regulations to implement the duties of the Secretary 

11 of State under this subtitle and the amendments made by 

12 this subtitle. 

13 (c) REGULATIONS OF THE SECRETARY OF LABOR.— 

14 The Secretary of Labor shall consult with the Secretary 

15 of Agriculture and the Secretary on all regulations to im16 plement the duties of the Secretary of Labor under this 

17 subtitle and the amendments made by this subtitle. 

18 (d) DEADLINE FOR ISSUANCE OF REGULATIONS.— 

19 All regulations to implement the duties of the Secretary, 

20 the Secretary of State, and the Secretary of Labor created 

21 under sections 218, 218E, 218F, and 218G of the Immi22 gration and Nationality Act, as added by section 615 of 

23 this Act, shall take effect on the effective date of section 

24 615 and shall be issued not later than 1 year after the 

25 date of enactment of this Act. 


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1 SEC. 618. REPORT TO CONGRESS. 

2 Not later than September 30 of each year, the Sec3 retary shall submit a report to Congress that identifies, 

4 for the previous year— 

5 (1) the number of job opportunities approved 

6 for employment of aliens admitted under section 

7 101(a)(15)(H)(ii)(a) of the Immigration and Nation8 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), and the 

9 number of workers actually admitted, by State and 

10 by occupation; 

11 (2) the number of such aliens reported to have 

12 abandoned employment pursuant to subsection 

13 218F(e)(2) of such Act; 

14 (3) the number of such aliens who departed the 

15 United States within the period specified in sub16 section 218F(d) of such Act; 

17 (4) the number of aliens who applied for adjust18 ment of status pursuant to section 613(a); 

19 (5) the number of such aliens whose status was 

20 adjusted under section 613(a); 

21 (6) the number of aliens who applied for perma22 nent residence pursuant to section 613(c); and 

23 (7) the number of such aliens who were ap24 proved for permanent residence pursuant section 

25 613(c). 


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1 SEC. 619. EFFECTIVE DATE. 

2 (a) IN GENERAL.—Except as otherwise provided, sec3 tions 615 and 616 shall take effect 1 year after the date 

4 of the enactment of this Act. 

5 (b) REPORT.—Not later than 180 days after the date 

6 of the enactment of this Act, the Secretary shall prepare 

7 and submit to the appropriate committees of Congress a 

8 report that describes the measures being taken and the 

9 progress made in implementing this subtitle. 

10 Subtitle C—DREAM Act 

11 SEC. 621. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Development, Re13 lief, and Education for Alien Minors Act of 2006’’ or the 

14 ‘‘DREAM Act of 2006’’. 

15 SEC. 622. DEFINITIONS. 

16 In this subtitle: 

17 (1) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ has the 

19 meaning given that term in section 101 of the High20 er Education Act of 1965 (20 U.S.C. 1001). 

21 (2) UNIFORMED SERVICES.—The term ‘‘uni22 formed services’’ has the meaning given that term in 

23 section 101(a) of title 10, United States Code. 


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1 SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE 

2 RESIDENCY FOR PURPOSES OF HIGHER EDU3 CATION BENEFITS. 

4 (a) IN GENERAL.—Section 505 of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 1996 

6 (8 U.S.C. 1623) is repealed. 

7 (b) EFFECTIVE DATE.—The repeal under subsection 

8 (a) shall take effect as if included in the enactment of the 

9 Illegal Immigration Reform and Immigrant Responsibility 

10 Act of 1996. 

11 SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT 

12 OF STATUS OF CERTAIN LONG-TERM RESI13 DENTS WHO ENTERED THE UNITED STATES 

14 AS CHILDREN. 

15 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI16 DENTS WHO ENTERED THE UNITED STATES AS CHIL17 DREN.— 

18 (1) IN GENERAL.—Notwithstanding any other 

19 provision of law and except as otherwise provided in 

20 this subtitle, the Secretary may cancel removal of, 

21 and adjust to the status of an alien lawfully admit22 ted for permanent residence, subject to the condi23 tional basis described in section 625, an alien who 

24 is inadmissible or deportable from the United States, 

25 if the alien demonstrates that— 


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1 (A) the alien has been physically present in 

2 the United States for a continuous period of 

3 not less than 5 years immediately preceding the 

4 date of enactment of this Act, and had not yet 

5 reached the age of 16 years at the time of ini6 tial entry; 

7 (B) the alien has been a person of good 

8 moral character since the time of application; 

9 (C) the alien— 

10 (i) is not inadmissible under para11 graph (2), (3), (6)(B), (6)(C), (6)(E), 

12 (6)(F), or (6)(G) of section 212(a) of the 

13 Immigration and Nationality Act (8 U.S.C. 

14 1182(a)), or, if inadmissible solely under 

15 subparagraph (C) or (F) of paragraph (6) 

16 of such subsection, the alien was under the 

17 age of 16 years at the time the violation 

18 was committed; and 

19 (ii) is not deportable under paragraph 

20 (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), 

21 (4), or (6) of section 237(a) of the Immi22 gration and Nationality Act (8 U.S.C. 

23 1227(a)), or, if deportable solely under 

24 subparagraphs (C) or (D) of paragraph (3) 

25 of such subsection, the alien was under the 


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1 age of 16 years at the time the violation 

2 was committed; 

3 (D) the alien, at the time of application, 

4 has been admitted to an institution of higher 

5 education in the United States, or has earned 

6 a high school diploma or obtained a general 

7 education development certificate in the United 

8 States; and 

9 (E) the alien has never been under a final 

10 administrative or judicial order of exclusion, de11 portation, or removal, unless the alien has re12 mained in the United States under color of law 

13 or received the order before attaining the age of 

14 16 years. 

15 (2) WAIVER.—The Secretary may waive the 

16 grounds of ineligibility under section 212(a)(6) of 

17 the Immigration and Nationality Act and the 

18 grounds of deportability under paragraphs (1), (3), 

19 and (6) of section 237(a) of that Act for humani20 tarian purposes or family unity or when it is other21 wise in the public interest. 

22 (3) PROCEDURES.—The Secretary shall provide 

23 a procedure by regulation allowing eligible individ24 uals to apply affirmatively for the relief available 


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1 under this subsection without being placed in re2 moval proceedings. 

3 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

4 purposes of this section, any period of continuous resi5 dence or continuous physical presence in the United States 

6 of an alien who applies for cancellation of removal under 

7 this section shall not terminate when the alien is served 

8 a notice to appear under section 239(a) of the Immigra9 tion and Nationality Act (8 U.S.C. 1229(a)). 

10 (c) TREATMENT OF CERTAIN BREAKS IN PRES11 ENCE.— 

12 (1) IN GENERAL.—An alien shall be considered 

13 to have failed to maintain continuous physical pres14 ence in the United States under subsection (a) if the 

15 alien has departed from the United States for any 

16 period in excess of 90 days or for any periods in the 

17 aggregate exceeding 180 days. 

18 (2) EXTENSIONS FOR EXCEPTIONAL CIR19 CUMSTANCES.—The Secretary may extend the time 

20 periods described in paragraph (1) if the alien dem21 onstrates that the failure to timely return to the 

22 United States was due to exceptional circumstances. 

23 The exceptional circumstances determined sufficient 

24 to justify an extension should be no less compelling 


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1 than serious illness of the alien, or death or serious 

2 illness of a parent, grandparent, sibling, or child. 

3 (d) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

4 Nothing in this section may be construed to apply a nu5 merical limitation on the number of aliens who may be 

6 eligible for cancellation of removal or adjustment of status 

7 under this section. 

8 (e) REGULATIONS.— 

9 (1) PROPOSED REGULATIONS.—Not later than 

10 180 days after the date of enactment of this Act, the 

11 Secretary shall publish proposed regulations imple12 menting this section. Such regulations shall be effec13 tive immediately on an interim basis, but are subject 

14 to change and revision after public notice and oppor15 tunity for a period for public comment. 

16 (2) INTERIM, FINAL REGULATIONS.—Within a 

17 reasonable time after publication of the interim reg18 ulations in accordance with paragraph (1), the Sec19 retary shall publish final regulations implementing 

20 this section. 

21 (f) REMOVAL OF ALIEN.—The Secretary may not re22 move any alien who has a pending application for condi23 tional status under this subtitle. 

24 SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS. 

25 (a) IN GENERAL.— 


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1 (1) CONDITIONAL BASIS FOR STATUS.—Not2 withstanding any other provision of law, and except 

3 as provided in section 626, an alien whose status has 

4 been adjusted under section 624 to that of an alien 

5 lawfully admitted for permanent residence shall be 

6 considered to have obtained such status on a condi7 tional basis subject to the provisions of this section. 

8 Such conditional permanent resident status shall be 

9 valid for a period of 6 years, subject to termination 

10 under subsection (b). 

11 (2) NOTICE OF REQUIREMENTS.— 

12 (A) AT TIME OF OBTAINING PERMANENT

13 RESIDENCE.—At the time an alien obtains per14 manent resident status on a conditional basis 

15 under paragraph (1), the Secretary shall pro16 vide for notice to the alien regarding the provi17 sions of this section and the requirements of 

18 subsection (c) to have the conditional basis of 

19 such status removed. 

20 (B) EFFECT OF FAILURE TO PROVIDE NO21 TICE.—The failure of the Secretary to provide 

22 a notice under this paragraph— 

23 (i) shall not affect the enforcement of 

24 the provisions of this subtitle with respect 

25 to the alien; and 


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1 (ii) shall not give rise to any private 

2 right of action by the alien. 

3 (b) TERMINATION OF STATUS.— 

4 (1) IN GENERAL.—The Secretary shall termi5 nate the conditional permanent resident status of 

6 any alien who obtained such status under this sub7 title, if the Secretary determines that the alien— 

8 (A) ceases to meet the requirements of 

9 subparagraph (B) or (C) of section 624(a)(1); 

10 (B) has become a public charge; or 

11 (C) has received a dishonorable or other 

12 than honorable discharge from the uniformed 

13 services. 

14 (2) RETURN TO PREVIOUS IMMIGRATION STA15 TUS.—Any alien whose conditional permanent resi16 dent status is terminated under paragraph (1) shall 

17 return to the immigration status the alien had im18 mediately prior to receiving conditional permanent 

19 resident status under this subtitle. 

20 (c) REQUIREMENTS OF TIMELY PETITION FOR RE21 MOVAL OF CONDITION.— 

22 (1) IN GENERAL.—In order for the conditional 

23 basis of permanent resident status obtained by an 

24 alien under subsection (a) to be removed, the alien 

25 must file with the Secretary, in accordance with 


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1 paragraph (3), a petition which requests the removal 

2 of such conditional basis and which provides, under 

3 penalty of perjury, the facts and information so that 

4 the Secretary may make the determination described 

5 in paragraph (2)(A). 

6 (2) ADJUDICATION OF PETITION TO REMOVE

7 CONDITION.— 

8 (A) IN GENERAL.—If a petition is filed in 

9 accordance with paragraph (1) for an alien, the 

10 Secretary shall make a determination as to 

11 whether the alien meets the requirements set 

12 out in subparagraphs (A) through (E) of sub13 section (d)(1). 

14 (B) REMOVAL OF CONDITIONAL BASIS IF

15 FAVORABLE DETERMINATION.—If the Secretary 

16 determines that the alien meets such require17 ments, the Secretary shall notify the alien of 

18 such determination and immediately remove the 

19 conditional basis of the status of the alien. 

20 (C) TERMINATION IF ADVERSE DETER21 MINATION.—If the Secretary determines that 

22 the alien does not meet such requirements, the 

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1 nent resident status of the alien as of the date 

2 of the determination. 

3 (3) TIME TO FILE PETITION.—An alien may pe4 tition to remove the conditional basis to lawful resi5 dent status during the period beginning 180 days 

6 before and ending 2 years after either the date that 

7 is 6 years after the date of the granting of condi8 tional permanent resident status or any other expi9 ration date of the conditional permanent resident 

10 status as extended by the Secretary in accordance 

11 with this subtitle. The alien shall be deemed in con12 ditional permanent resident status in the United 

13 States during the period in which the petition is 

14 pending. 

15 (d) DETAILS OF PETITION.— 

16 (1) CONTENTS OF PETITION.—Each petition 

17 for an alien under subsection (c)(1) shall contain in18 formation to permit the Secretary to determine 

19 whether each of the following requirements is met: 

20 (A) The alien has demonstrated good 

21 moral character during the entire period the 

22 alien has been a conditional permanent resi23 dent. 

24 (B) The alien is in compliance with section 

25 624(a)(1)(C). 


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1 (C) The alien has not abandoned the 

2 alien’s residence in the United States. The Sec3 retary shall presume that the alien has aban4 doned such residence if the alien is absent from 

5 the United States for more than 365 days, in 

6 the aggregate, during the period of conditional 

7 residence, unless the alien demonstrates that 

8 alien has not abandoned the alien’s residence. 

9 An alien who is absent from the United States 

10 due to active service in the uniformed services 

11 has not abandoned the alien’s residence in the 

12 United States during the period of such service. 

13 (D) The alien has completed at least 1 of 

14 the following: 

15 (i) The alien has acquired a degree 

16 from an institution of higher education in 

17 the United States or has completed at 

18 least 2 years, in good standing, in a pro19 gram for a bachelor’s degree or higher de20 gree in the United States. 

21 (ii) The alien has served in the uni22 formed services for at least 2 years and, if 

23 discharged, has received an honorable dis24 charge. 


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1 (E) The alien has provided a list of all of 

2 the secondary educational institutions that the 

3 alien attended in the United States. 

4 (2) HARDSHIP EXCEPTION.— 

5 (A) IN GENERAL.—The Secretary may, in 

6 the Secretary’s discretion, remove the condi7 tional status of an alien if the alien— 

8 (i) satisfies the requirements of sub9 paragraphs (A), (B), and (C) of paragraph 

10 (1); 

11 (ii) demonstrates compelling cir12 cumstances for the inability to complete 

13 the requirements described in paragraph 

14 (1)(D); and 

15 (iii) demonstrates that the alien’s re16 moval from the United States would result 

17 in exceptional and extremely unusual hard18 ship to the alien or the alien’s spouse, par19 ent, or child who is a citizen or a lawful 

20 permanent resident of the United States. 

21 (B) EXTENSION.—Upon a showing of good 

22 cause, the Secretary may extend the period of 

23 the conditional resident status for the purpose 

24 of completing the requirements described in 

25 paragraph (1)(D). 


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1 (e) TREATMENT OF PERIOD FOR PURPOSES OF NAT2 URALIZATION.—For purposes of title III of the Immigra3 tion and Nationality Act (8 U.S.C. 1401 et seq.), in the 

4 case of an alien who is in the United States as a lawful 

5 permanent resident on a conditional basis under this sec6 tion, the alien shall be considered to have been admitted 

7 as an alien lawfully admitted for permanent residence and 

8 to be in the United States as an alien lawfully admitted 

9 to the United States for permanent residence. However, 

10 the conditional basis must be removed before the alien 

11 may apply for naturalization. 

12 SEC. 626. RETROACTIVE BENEFITS. 

13 If, on the date of enactment of this Act, an alien has 

14 satisfied all the requirements of subparagraphs (A) 

15 through (E) of section 624(a)(1) and section 

16 625(d)(1)(D), the Secretary may adjust the status of the 

17 alien to that of a conditional resident in accordance with 

18 section 624. The alien may petition for removal of such 

19 condition at the end of the conditional residence period 

20 in accordance with section 625(c) if the alien has met the 

21 requirements of subparagraphs (A), (B), and (C) of sec22 tion 625(d)(1) during the entire period of conditional resi23 dence. 


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1 SEC. 627. EXCLUSIVE JURISDICTION. 

2 (a) IN GENERAL.—The Secretary shall have exclusive 

3 jurisdiction to determine eligibility for relief under this 

4 subtitle, except where the alien has been placed into depor5 tation, exclusion, or removal proceedings either prior to 

6 or after filing an application for relief under this subtitle, 

7 in which case the Attorney General shall have exclusive 

8 jurisdiction and shall assume all the powers and duties 

9 of the Secretary until proceedings are terminated, or if 

10 a final order of deportation, exclusion, or removal is en11 tered the Secretary shall resume all powers and duties del12 egated to the Secretary under this subtitle. 

13 (b) STAY OF REMOVAL OF CERTAIN ALIENS EN14 ROLLED IN PRIMARY OR SECONDARY SCHOOL.—The At15 torney General shall stay the removal proceedings of any 

16 alien who— 

17 (1) meets all the requirements of subpara18 graphs (A), (B), (C), and (E) of section 624(a)(1); 

19 (2) is at least 12 years of age; and 

20 (3) is enrolled full time in a primary or sec21 ondary school. 

22 (c) EMPLOYMENT.—An alien whose removal is stayed 

23 pursuant to subsection (b) may be engaged in employment 

24 in the United States, consistent with the Fair Labor 

25 Standards Act (29 U.S.C. 201 et seq.), and State and 

26 local laws governing minimum age for employment. 


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1 (d) LIFT OF STAY.—The Attorney General shall lift 

2 the stay granted pursuant to subsection (b) if the alien— 

3 (1) is no longer enrolled in a primary or sec4 ondary school; or 

5 (2) ceases to meet the requirements of sub6 section (b)(1). 

7 SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICA8 TION. 

9 Whoever files an application for relief under this sub10 title and willfully and knowingly falsifies, misrepresents, 

11 or conceals a material fact or makes any false or fraudu12 lent statement or representation, or makes or uses any 

13 false writing or document knowing the same to contain 

14 any false or fraudulent statement or entry, shall be fined 

15 in accordance with title 18, United States Code, or impris16 oned not more than 5 years, or both. 

17 SEC. 629. CONFIDENTIALITY OF INFORMATION. 

18 (a) PROHIBITION.—No officer or employee of the 

19 United States may— 

20 (1) use the information furnished by the appli21 cant pursuant to an application filed under this sub22 title to initiate removal proceedings against any per23 sons identified in the application; 

24 (2) make any publication whereby the informa25 tion furnished by any particular individual pursuant 


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1 to an application under this subtitle can be identi2 fied; or 

3 (3) permit anyone other than an officer or em4 ployee of the United States Government or, in the 

5 case of applications filed under this subtitle with a 

6 designated entity, that designated entity, to examine 

7 applications filed under this subtitle. 

8 (b) REQUIRED DISCLOSURE.—The Attorney General 

9 or the Secretary shall provide the information furnished 

10 under this section, and any other information derived from 

11 such furnished information, to— 

12 (1) a duly recognized law enforcement entity in 

13 connection with an investigation or prosecution of an 

14 offense described in paragraph (2) or (3) of section 

15 212(a) of the Immigration and Nationality Act (8 

16 U.S.C. 1182(a)), when such information is requested 

17 in writing by such entity; or 

18 (2) an official coroner for purposes of affirma19 tively identifying a deceased individual (whether or 

20 not such individual is deceased as a result of a 

21 crime). 

22 (c) PENALTY.—Whoever knowingly uses, publishes, 

23 or permits information to be examined in violation of this 

24 section shall be fined not more than $10,000. 


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1 SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PRO2 HIBITION ON FEES. 

3 Regulations promulgated under this subtitle shall 

4 provide that applications under this subtitle will be consid5 ered on an expedited basis and without a requirement for 

6 the payment by the applicant of any additional fee for 

7 such expedited processing. 

8 SEC. 631. HIGHER EDUCATION ASSISTANCE. 

9 Notwithstanding any provision of the Higher Edu10 cation Act of 1965 (20 U.S.C. 1001 et seq.), with respect 

11 to assistance provided under title IV of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1070 et seq.), an alien who 

13 adjusts status to that of a lawful permanent resident 

14 under this subtitle shall be eligible only for the following 

15 assistance under such title IV: 

16 (1) Student loans under parts B, D, and E of 

17 such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 

18 1087aa et seq.), subject to the requirements of such 

19 parts. 

20 (2) Federal work-study programs under part C 

21 of such title IV (42 U.S.C. 2751 et seq.), subject to 

22 the requirements of such part. 

23 (3) Services under such title IV (20 U.S.C. 

24 1070 et seq.), subject to the requirements for such 

25 services. 


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1 SEC. 632. GAO REPORT. 

2 Seven years after the date of enactment of this Act, 

3 the Comptroller General of the United States shall submit 

4 a report to the Committee on the Judiciary of the Senate 

5 and the Committee on the Judiciary of the House of Rep6 resentatives, which sets forth— 

7 (1) the number of aliens who were eligible for 

8 cancellation of removal and adjustment of status 

9 under section 624(a); 

10 (2) the number of aliens who applied for adjust11 ment of status under section 624(a); 

12 (3) the number of aliens who were granted ad13 justment of status under section 624(a); and 

14 (4) the number of aliens whose conditional per15 manent resident status was removed under section 

16 625. 

17 Subtitle D—Grant Programs to 

18 Assist Nonimmigrant Workers 

19 SEC. 641. GRANTS TO SUPPORT PUBLIC EDUCATION AND 

20 COMMUNITY TRAINING. 

21 (a) GRANTS AUTHORIZED.—The Assistant Attorney 

22 General, Office of Justice Programs, may award grants 

23 to qualified non-profit community organizations to edu24 cate, train, and support non-profit agencies, immigrant 

25 communities, and other interested entities regarding the 


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1 provisions of this Act and the amendments made by this 

2 Act. 

3 (b) USE OF FUNDS.— 

4 (1) IN GENERAL.—Grants awarded under this 

5 section shall be used— 

6 (A) for public education, training, technical 

7 assistance, government liaison, and all related 

8 costs (including personnel and equipment) in9 curred by the grantee in providing services re10 lated to this Act; and 

11 (B) to educate, train, and support non12 profit organizations, immigrant communities, 

13 and other interested parties regarding this Act 

14 and the amendments made by this Act and on 

15 matters related to its implementation. 

16 (2) EDUCATION.—In addition to the purposes 

17 described in paragraph (1), grants awarded under 

18 this section shall be used to— 

19 (A) educate immigrant communities and 

20 other interested entities regarding— 

21 (i) the individuals and organizations 

22 that can provide authorized legal represen23 tation in immigration matters under regu24 lations prescribed by the Secretary; and 


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1 (ii) the dangers of securing legal ad2 vice and assistance from those who are not 

3 authorized to provide legal representation 

4 in immigration matters; 

5 (B) educate interested entities regarding 

6 the requirements for obtaining nonprofit rec7 ognition and accreditation to represent immi8 grants under regulations prescribed by the Sec9 retary; 

10 (C) provide nonprofit agencies with train11 ing and technical assistance on the recognition 

12 and accreditation process; and 

13 (D) educate nonprofit community organi14 zations, immigrant communities, and other in15 terested entities regarding— 

16 (i) the process for obtaining benefits 

17 under this Act or under an amendment 

18 made by this Act; and 

19 (ii) the availability of authorized legal 

20 representation for low-income persons who 

21 may qualify for benefits under this Act or 

22 under an amendment made by this Act. 

23 (c) DIVERSITY.—The Assistant Attorney General 

24 shall ensure, to the extent possible, that the nonprofit 

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1 tion serve geographically diverse locations and ethnically 

2 diverse populations who may qualify for benefits under the 

3 Act. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Office of Justice 

6 Programs of the Department of Justice such sums as may 

7 be necessary for each of the fiscal years 2007 through 

8 2009 to carry out this section. 

9 SEC. 642. FUNDING FOR THE OFFICE OF CITIZENSHIP. 

10 (a) AUTHORIZATION.—The Secretary, acting through 

11 the Director of the Bureau of Citizenship and Immigration 

12 Services, is authorized to establish the United States Citi13 zenship and Immigration Foundation (referred to in this 

14 subtitle as the ‘‘Foundation’’). 

15 (b) PURPOSE.—The Foundation shall be incor16 porated in the District of Columbia, exclusively for chari17 table and educational purposes to support the functions 

18 of the Office of Citizenship of the Bureau of Citizenship 

19 and Immigration Services. 

20 (c) GIFTS.— 

21 (1) TO FOUNDATION.—The Foundation may so22 licit, accept, and make gifts of money and other 

23 property in accordance with section 501(c)(3) of the 

24 Internal Revenue Code of 1986. 


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1 (2) FROM FOUNDATION.—The Office of Citizen2 ship may accept gifts from the Foundation to sup3 port the functions of the Office. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be 

6 necessary to carry out the mission of the Office of Citizen7 ship. 

8 SEC. 643. CIVICS INTEGRATION GRANT PROGRAM. 

9 (a) IN GENERAL.—The Secretary shall establish a 

10 competitive grant program to provide financial assistance 

11 to nonprofit organizations, including faith-based organiza12 tions, to support— 

13 (1) efforts by entities certified by the Office of 

14 Citizenship to provide civics and English as a second 

15 language courses; and 

16 (2) other activities approved by the Secretary to 

17 promote civics and English as a second language. 

18 (b) ACCEPTANCE OF GIFTS.—The Secretary may ac19 cept and use gifts from the Foundation for grants under 

20 this section. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as may be 

23 necessary to carry out this section. 


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1 SEC. 644. STRENGTHENING AMERICAN CITIZENSHIP. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘Strengthening American Citizenship Act of 2006’’. 

4 (b) DEFINITION.—In this section, the term ‘‘Oath of 

5 Allegiance’’ means the binding oath (or affirmation) of al6 legiance required to be naturalized as a citizen of the 

7 United States, as prescribed in section 337(e) of the Im8 migration and Nationality Act, as added by subsection 

9 (h)(1)(B). 

10 (c) ENGLISH FLUENCY.— 

11 (1) EDUCATION GRANTS.— 

12 (A) ESTABLISHMENT.—The Chief of the 

13 Office of Citizenship of the Department (re14 ferred to in this paragraph as the ‘‘Chief’’) 

15 shall establish a grant program to provide 

16 grants in an amount not to exceed $500 to as17 sist legal residents of the United States who de18 clare an intent to apply for citizenship in the 

19 United States to meet the requirements under 

20 section 312 of the Immigration and Nationality 

21 Act (8 U.S.C. 1423). 

22 (B) USE OF FUNDS.—Grant funds award23 ed under this paragraph shall be paid directly 

24 to an accredited institution of higher education 

25 or other qualified educational institution (as de26 termined by the Chief) for tuition, fees, books, 


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1 and other educational resources required by a 

2 course on the English language in which the 

3 legal resident is enrolled. 

4 (C) APPLICATION.—A legal resident desir5 ing a grant under this paragraph shall submit 

6 an application to the Chief at such time, in 

7 such manner, and accompanied by such infor8 mation as the Chief may reasonably require. 

9 (D) PRIORITY.—If insufficient funds are 

10 available to award grants to all qualified appli11 cants, the Chief shall give priority based on the 

12 financial need of the applicants. 

13 (E) NOTICE.—The Secretary, upon rel14 evant registration of a legal resident with the 

15 Department, shall notify such legal resident of 

16 the availability of grants under this paragraph 

17 for legal residents who declare an intent to 

18 apply for United States citizenship. 

19 (F) DEFINITION.—For purposes of this 

20 subsection, the term ‘‘legal resident’’ means a 

21 lawful permanent resident or a lawfully admit22 ted alien who, in order to adjust status to that 

23 of a lawful permanent resident must dem24 onstrate a knowledge of the English language 

25 or satisfactory pursuit of a course of study to 


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1 acquire such knowledge of the English lan2 guage. 

3 (2) FASTER CITIZENSHIP FOR ENGLISH FLU4 ENCY.—Section 316 (8 U.S.C. 1427) is amended by 

5 adding at the end the following: 

6 ‘‘(g) A lawful permanent resident of the United 

7 States who demonstrates English fluency, in accordance 

8 with regulations prescribed by the Secretary of Homeland 

9 Security, in consultation with the Secretary of State, will 

10 satisfy the residency requirement under subsection (a) 

11 upon the completion of 4 years of continuous legal resi12 dency in the United States.’’. 

13 (3) SAVINGS PROVISION.—Nothing in this sub14 section shall be construed to— 

15 (A) modify the English language require16 ments for naturalization under section 

17 312(a)(1) of the Immigration and Nationality 

18 Act (8 U.S.C. 1423(a)(1)); or 

19 (B) influence the naturalization test rede20 sign process of the Office of Citizenship (except 

21 for the requirement under subsection (h)(2)). 

22 (d) AMERICAN CITIZENSHIP GRANT PROGRAM.— 

23 (1) IN GENERAL.—The Secretary shall establish 

24 a competitive grant program to provide financial as25 sistance for— 


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1 (A) efforts by entities (including veterans 

2 and patriotic organizations) certified by the Of3 fice of Citizenship to promote the patriotic inte4 gration of prospective citizens into the Amer5 ican way of life by providing civics, history, and 

6 English as a second language courses, with a 

7 specific emphasis on attachment to principles of 

8 the Constitution of the United States, the he9 roes of American history (including military he10 roes), and the meaning of the Oath of Alle11 giance; and 

12 (B) other activities approved by the Sec13 retary to promote the patriotic integration of 

14 prospective citizens and the implementation of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1101 et seq.), including grants— 

17 (i) to promote an understanding of 

18 the form of government and history of the 

19 United States; and 

20 (ii) to promote an attachment to the 

21 principles of the Constitution of the United 

22 States and the well being and happiness of 

23 the people of the United States. 

24 (2) ACCEPTANCE OF GIFTS.—The Secretary 

25 may accept and use gifts from the United States 


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1 Citizenship Foundation, if the foundation is estab2 lished under subsection (e), for grants under this 

3 subsection. 

4 (3) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated such sums 

6 as may be necessary to carry out this subsection. 

7 (e) FUNDING FOR THE OFFICE OF CITIZENSHIP.— 

8 (1) AUTHORIZATION.—The Secretary, acting 

9 through the Director of the Bureau of Citizenship 

10 and Immigration Services, is authorized to establish 

11 the United States Citizenship Foundation (referred 

12 to in this subsection as the ‘‘Foundation’’), an orga13 nization duly incorporated in the District of Colum14 bia, exclusively for charitable and educational pur15 poses to support the functions of the Office of Citi16 zenship. 

17 (2) DEDICATED FUNDING.— 

18 (A) IN GENERAL.—Not less than 1.5 per19 cent of the funds made available to the Bureau 

20 of Citizenship and Immigration Services from 

21 fees shall be dedicated to the functions of the 

22 Office of Citizenship, which shall include the 

23 patriotic integration of prospective citizens 

24 into— 


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1 (i) American common values and tra2 ditions, including an understanding of 

3 American history and the principles of the 

4 Constitution of the United States; and 

5 (ii) civic traditions of the United 

6 States, including the Pledge of Allegiance, 

7 respect for the flag of the United States, 

8 and voting in public elections. 

9 (B) SENSE OF CONGRESS.—It is the sense 

10 of Congress that dedicating increased funds to 

11 the Office of Citizenship should not result in an 

12 increase in fees charged by the Bureau of Citi13 zenship and Immigration Services. 

14 (3) GIFTS.— 

15 (A) TO FOUNDATION.—The Foundation 

16 may solicit, accept, and make gifts of money 

17 and other property in accordance with section 

18 501(c)(3) of the Internal Revenue Code of 

19 1986. 

20 (B) FROM FOUNDATION.—The Office of 

21 Citizenship may accept gifts from the Founda22 tion to support the functions of the Office. 

23 (4) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated such sums 

25 as may be necessary to carry out the mission of the 


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1 Office of Citizenship, including the functions de2 scribed in paragraph (2)(A). 

3 (f) RESTRICTION ON USE OF FUNDS.—No funds ap4 propriated to carry out a program under this subsection 

5 (d) or (e) may be used to organize individuals for the pur6 pose of political activism or advocacy. 

7 (g) REPORTING REQUIREMENT.— 

8 (1) IN GENERAL.—The Chief of the Office of 

9 Citizenship shall submit an annual report to the 

10 Committee on Health, Education, Labor, and Pen11 sions of the Senate, the Committee on the Judiciary 

12 of the Senate, the Committee on Education and the 

13 Workforce of the House of Representatives, and the 

14 Committee on the Judiciary of the House of Rep15 resentatives. 

16 (2) CONTENTS.—The report submitted under 

17 paragraph (1) shall include— 

18 (A) a list of the entities that have received 

19 funds from the Office of Citizenship during the 

20 reporting period under this section and the 

21 amount of funding received by each such entity; 

22 (B) an evaluation of the extent to which 

23 grants received under this section successfully 

24 promoted an understanding of— 

25 (i) the English language; and 


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1 (ii) American history and government, 

2 including the heroes of American history, 

3 the meaning of the Oath of Allegiance, and 

4 an attachment to the principles of the Con5 stitution of the United States; and 

6 (C) information about the number of legal 

7 residents who were able to achieve the knowl8 edge described under paragraph (2) as a result 

9 of the grants provided under this section. 

10 (h) OATH OR AFFIRMATION OF RENUNCIATION AND

11 ALLEGIANCE.— 

12 (1) REVISION OF OATH.—Section 337 (8 U.S.C. 

13 1448) is amended— 

14 (A) in subsection (a), by striking ‘‘under 

15 section 310(b) an oath’’ and all that follows 

16 through ‘‘personal moral code.’’ and inserting 

17 ‘‘under section 310(b), the oath (or affirmation) 

18 of allegiance prescribed in subsection (e).’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(e)(1) Subject to paragraphs (2) and (3), the oath 

21 (or affirmation) of allegiance prescribed in this subsection 

22 is as follows: ‘I take this oath solemnly, freely, and without 

23 any mental reservation. I absolutely and entirely renounce 

24 all allegiance to any foreign state or power of which I have 

25 been a subject or citizen. My fidelity and allegiance from 


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1 this day forward are to the United States of America. I 

2 will bear true faith and allegiance to the Constitution and 

3 laws of the United States, and will support and defend 

4 them against all enemies, foreign and domestic. I will bear 

5 arms, or perform noncombatant military or civilian serv6 ice, on behalf of the United States when required by law. 

7 This I do solemnly swear, so help me God.’. 

8 ‘‘(2) If a person, by reason of religious training and 

9 belief (or individual interpretation thereof) or for other 

10 reasons of good conscience, cannot take the oath pre11 scribed in paragraph (1)— 

12 ‘‘(A) with the term ‘oath’ included, the term 

13 ‘affirmation’ shall be substituted for the term ‘oath’; 

14 and 

15 ‘‘(B) with the phrase ‘so help me God’ included, 

16 the phrase ‘so help me God’ shall be omitted. 

17 ‘‘(3) If a person shows by clear and convincing evi18 dence to the satisfaction of the Attorney General that such 

19 person, by reason of religious training and belief, cannot 

20 take the oath prescribed in paragraph (1)— 

21 ‘‘(A) because such person is opposed to the 

22 bearing of arms in the Armed Forces of the United 

23 States, the words ‘bear arms, or’ shall be omitted; 

24 and 


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1 ‘‘(B) because such person is opposed to any 

2 type of service in the Armed Forces of the United 

3 States, the words ‘bear arms, or’ and ‘noncombatant 

4 military or’ shall be omitted. 

5 ‘‘(4) As used in this subsection, the term ‘religious 

6 training and belief’— 

7 ‘‘(A) means a belief of an individual in relation 

8 to a Supreme Being involving duties superior to 

9 those arising from any human relation; and 

10 ‘‘(B) does not include essentially political, socio11 logical, or philosophical views or a merely personal 

12 moral code. 

13 ‘‘(5) Any reference in this title to ‘oath’ or ‘oath of 

14 allegiance’ under this section shall be deemed to refer to 

15 the oath (or affirmation) of allegiance prescribed under 

16 this subsection.’’. 

17 (2) HISTORY AND GOVERNMENT TEST.—The 

18 Secretary shall incorporate a knowledge and under19 standing of the meaning of the Oath of Allegiance 

20 into the history and government test given to appli21 cants for citizenship. 

22 (3) NOTICE TO FOREIGN EMBASSIES.—Upon 

23 the naturalization of a new citizen, the Secretary, in 

24 cooperation with the Secretary of State, shall notify 


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1 the embassy of the country of which the new citizen 

2 was a citizen or subject that such citizen has— 

3 (A) renounced allegiance to that foreign 

4 country; and 

5 (B) sworn allegiance to the United States. 

6 (4) EFFECTIVE DATE.—The amendments made 

7 by paragraph (1) shall take effect on the date that 

8 is 6 months after the date of enactment of this Act. 

9 (i) ESTABLISHMENT OF NEW CITIZENS AWARD PRO10 GRAM.— 

11 (1) ESTABLISHMENT.—There is established a 

12 new citizens award program to recognize citizens 

13 who— 

14 (A) have made an outstanding contribution 

15 to the United States; and 

16 (B) were naturalized during the 10-year 

17 period ending on the date of such recognition. 

18 (2) PRESENTATION AUTHORIZED.— 

19 (A) IN GENERAL.—The President is au20 thorized to present a medal, in recognition of 

21 outstanding contributions to the United States, 

22 to citizens described in paragraph (1). 

23 (B) MAXIMUM NUMBER OF AWARDS.—Not 

24 more than 10 citizens may receive a medal 

25 under this subsection in any calendar year. 


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1 (3) DESIGN AND STRIKING.—The Secretary of 

2 the Treasury shall strike a medal with suitable em3 blems, devices, and inscriptions, to be determined by 

4 the President. 

5 (4) NATIONAL MEDALS.—The medals struck 

6 pursuant to this subsection are national medals for 

7 purposes of chapter 51 of title 31, United States 

8 Code. 

9 (j) NATURALIZATION CEREMONIES.— 

10 (1) IN GENERAL.—The Secretary, in consulta11 tion with the Director of the National Park Service, 

12 the Archivist of the United States, and other appro13 priate Federal officials, shall develop and implement 

14 a strategy to enhance the public awareness of natu15 ralization ceremonies. 

16 (2) VENUES.—In developing the strategy under 

17 this subsection, the Secretary shall consider the use 

18 of outstanding and historic locations as venues for 

19 select naturalization ceremonies. 

20 (3) REPORTING REQUIREMENT.—The Secretary 

21 shall submit an annual report to Congress that in22 cludes— 

23 (A) the content of the strategy developed 

24 under this subsection; and 


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1 (B) the progress made towards the imple2 mentation of such strategy. 

3 TITLE VII—MISCELLANEOUS 

4 Subtitle A—Immigration Litigation 

5 Reduction 

6 CHAPTER 1—APPEALS AND REVIEW 

7 SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL. 

8 (a) DEPARTMENT OF HOMELAND SECURITY.— 

9 (1) TRIAL ATTORNEYS.—In each of fiscal years 

10 2007 through 2011, the Secretary shall, subject to 

11 the availability of appropriations for such purpose, 

12 increase the number of positions for attorneys in the 

13 Office of General Counsel of the Department who 

14 represent the Department in immigration matters by 

15 not less than 100 above the number of such posi16 tions for which funds were made available during 

17 each preceding fiscal year. 

18 (2) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to the Sec20 retary for each of fiscal years 2007 through 2011 

21 such sums as may be necessary to carry out this 

22 subsection. 

23 (b) DEPARTMENT OF JUSTICE.— 

24 (1) LITIGATION ATTORNEYS.—In each of fiscal 

25 years 2007 through 2011, the Attorney General 


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1 shall, subject to the availability of appropriations for 

2 such purpose, increase by not less than 50 the num3 ber of positions for attorneys in the Office of Immi4 gration Litigation of the Department of Justice. 

5 (2) UNITED STATES ATTORNEYS.—In each of 

6 fiscal years 2007 through 2011, the Attorney Gen7 eral shall, subject to the availability of appropria8 tions for such purpose, increase by not less than 50 

9 the number of attorneys in the United States Attor10 neys’ office to litigate immigration cases in the Fed11 eral courts. 

12 (3) IMMIGRATION JUDGES.—In each of fiscal 

13 years 2007 through 2011, the Attorney General 

14 shall, subject to the availability of appropriations for 

15 such purpose— 

16 (A) increase by not less than 20 the num17 ber of full-time immigration judges compared to 

18 the number of such positions for which funds 

19 were made available during the preceding fiscal 

20 year; and 

21 (B) increase by not less than 80 the num22 ber of positions for personnel to support the im23 migration judges described in subparagraph (A) 

24 compared to the number of such positions for 


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1 which funds were made available during the 

2 preceding fiscal year. 

3 (4) STAFF ATTORNEYS.—In each of fiscal years 

4 2007 through 2011, the Attorney General shall, sub5 ject to the availability of appropriations for such 

6 purpose— 

7 (A) increase by not less than 10 the num8 ber of positions for full-time staff attorneys in 

9 the Board of Immigration Appeals compared to 

10 the number of such positions for which funds 

11 were made available during the preceding fiscal 

12 year; and 

13 (B) increase by not less than 10 the num14 ber of positions for personnel to support the 

15 staff attorneys described in subparagraph (A) 

16 compared to the number of such positions for 

17 which funds were made available during the 

18 preceding fiscal year 

19 (5) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to the At21 torney General for each of the fiscal years 2007 

22 through 2011 such sums as may be necessary to 

23 carry out this subsection, including the hiring of 

24 necessary support staff. 


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1 (c) ADMINISTRATIVE OFFICE OF THE UNITED

2 STATES COURTS.—In each of the fiscal years 2007 

3 through 2011, the Director of the Administrative Office 

4 of the United States Courts shall, subject to the avail5 ability of appropriations, increase by not less than 50 the 

6 number of attorneys in the Federal Defenders Program 

7 who litigate criminal immigration cases in the Federal 

8 courts. 

9 CHAPTER 2—IMMIGRATION REVIEW 

10 REFORM 

11 SEC. 702. BOARD OF IMMIGRATION APPEALS. 

12 (a) COMPOSITION AND APPOINTMENT.—Notwith13 standing any other provision of law, the Board of Immi14 gration Appeals of the Department of Justice (referred to 

15 in this section as the ‘‘Board’’), shall be composed of a 

16 Chair and 22 other immigration appeals judges, who shall 

17 be appointed by the Attorney General to 6-year, staggered, 

18 terms. Upon the expiration of a term of office, a Board 

19 member may continue to act until a successor has been 

20 appointed and qualified. 

21 (b) QUALIFICATIONS.—Each member of the Board, 

22 including the Chair, shall— 

23 (1) be an attorney in good standing of a bar of 

24 a State or the District of Columbia; 

25 (2) have at least— 


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1 (A) 7 years of professional, legal expertise; 

2 or 

3 (B) 5 years of professional, legal expertise 

4 in immigration and nationality law; and 

5 (3) meet the minimum appointment require6 ments of an administrative law judge under title 5, 

7 United States Code. 

8 (c) DUTIES OF THE CHAIR.—The Chair of the Board, 

9 subject to the supervision of the Director of the Executive 

10 Office for Immigration Review, shall— 

11 (1) be responsible, on behalf of the Board, for 

12 the administrative operations of the Board and shall 

13 have the power to appoint such administrative as14 sistants, attorneys, clerks, and other personnel as 

15 may be needed for that purpose; 

16 (2) direct, supervise, and establish internal op17 erating procedures and policies of the Board; 

18 (3) designate a member of the Board to act as 

19 Chair if the Chair is absent or unavailable; 

20 (4) adjudicate cases as a member of the Board; 

21 (5) form 3-member panels as provided by sub22 section (g); 

23 (6) direct that a case be heard en banc as pro24 vided by subsection (h); and 


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1 (7) exercise such other authorities as the Direc2 tor may provide. 

3 (d) BOARD MEMBERS DUTIES.—In deciding a case 

4 before the Board, the Board— 

5 (1) shall exercise independent judgment and 

6 discretion; and 

7 (2) may take any action that is appropriate and 

8 necessary for the disposition of such case that is 

9 consistent with the authority provided in this section 

10 and any regulations established in accordance with 

11 this section. 

12 (e) JURISDICTION.— 

13 (1) IN GENERAL.—The Board shall have juris14 diction to hear appeals described in section 

15 1003.1(b) of title 8, Code of Federal Regulations (or 

16 any corresponding similar regulation). 

17 (2) LIMITATION.—The Board shall not have ju18 risdiction to hear an appeal of a decision of an im19 migration judge for an order of removal entered in 

20 absentia. 

21 (f) SCOPE OF REVIEW.— 

22 (1) FINDINGS OR FACT.—The Board shall— 

23 (A) accept findings of fact determined by 

24 an immigration judge, including findings as to 


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1 the credibility of testimony, unless the findings 

2 are clearly erroneous; and 

3 (B) give due deference to an immigration 

4 judge’s application of the law to the facts. 

5 (2) QUESTIONS OF LAW.—The Board shall re6 view de novo questions of law, discretion, and judg7 ment, and all other issues in appeals from decisions 

8 of immigration judges. 

9 (3) APPEALS FROM OFFICERS’ DECISIONS.— 

10 (A) STANDARD OF REVIEW.—The Board 

11 shall review de novo all questions arising in ap12 peals from decisions issued by officers of the 

13 Department. 

14 (B) PROHIBITION OF FACT FINDING.—Ex15 cept for taking administrative notice of com16 monly known facts such as current events or 

17 the contents of official documents, the Board 

18 may not engage in fact-finding in the course of 

19 deciding appeals. 

20 (C) REMAND.—A party asserting that the 

21 Board cannot properly resolve an appeal with22 out further fact-finding shall file a motion for 

23 remand. If further fact-finding is needed in a 

24 case, the Board shall remand the proceeding to 


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1 the immigration judge or, as appropriate, to the 

2 Secretary. 

3 (g) PANELS.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (5) all cases shall be subject to review by a 

6 3-member panel. The Chair shall divide the Board 

7 into 3-member panels and designate a presiding 

8 member. 

9 (2) AUTHORITY.—Each panel may exercise the 

10 appropriate authority of the Board that is necessary 

11 for the adjudication of cases before the Board. 

12 (3) QUORUM.—Two members appointed to a 

13 panel shall constitute a quorum for such panel. 

14 (4) CHANGES IN COMPOSITION.—The Chair 

15 may from time to time make changes in the com16 position of a panel and of the presiding member of 

17 a panel. 

18 (5) PRESIDING MEMBER DECISIONS.—The pre19 siding member of a panel may act alone on any mo20 tion as provided in paragraphs (3) and (4) of sub21 section (i) and may not otherwise dismiss or deter22 mine an appeal as a single Board member. 

23 (h) EN BANC PROCESS.— 


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1 (1) IN GENERAL.—The Board may on its own 

2 motion, by a majority vote of the Board members, 

3 or by direction of the Chair— 

4 (A) consider any case as the full Board en 

5 banc; or 

6 (B) reconsider as the full Board en banc 

7 any case that has been considered or decided by 

8 a 3-member panel or by a limited en banc 

9 panel. 

10 (2) QUORUM.—A majority of the Board mem11 bers shall constitute a quorum of the Board sitting 

12 en banc. 

13 (i) DECISIONS OF THE BOARD.— 

14 (1) AFFIRMANCE WITHOUT OPINION.—Upon in15 dividualized review of a case, the Board may affirm 

16 the decision of an immigration judge without opinion 

17 only if— 

18 (A) the decision of the immigration judge 

19 resolved all issues in the case; 

20 (B) the issue on appeal is squarely con21 trolled by existing Board or Federal court 

22 precedent and does not involve the application 

23 of precedent to a novel fact situation; 

24 (C) the factual and legal questions raised 

25 on appeal are so insubstantial that the case 


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1 does not warrant the issuance of a written opin2 ion in the case; and 

3 (D) the Board approves both the result 

4 reached in the decision below and all of the rea5 soning of that decision. 

6 (2) SUMMARY DISMISSAL OF APPEALS.—The 3- 

7 member panel or the presiding member acting alone 

8 may summarily dismiss any appeal or portion of any 

9 appeal in any case which— 

10 (A) the party seeking the appeal fails to 

11 specify the reasons for the appeal; 

12 (B) the only reason for the appeal specified 

13 by such party involves a finding of fact or a 

14 conclusion of law that was conceded by that 

15 party at a prior proceeding; 

16 (C) the appeal is from an order that grant17 ed such party the relief that had been re18 quested; 

19 (D) the appeal is determined to be filed for 

20 an improper purpose, such as to cause unneces21 sary delay; or 

22 (E) the appeal lacks an arguable basis in 

23 fact or in law and is not supported by a good 

24 faith argument for extension, modification, or 

25 reversal of existing law. 


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1 (3) UNOPPOSED DISPOSITIONS.—The 3-member 

2 panel or the presiding member acting alone may— 

3 (A) grant an unopposed motion or a mo4 tion to withdraw an appeal pending before the 

5 Board; or 

6 (B) adjudicate a motion to remand any ap7 peal— 

8 (i) from the decision of an officer of 

9 the Department if the appropriate official 

10 of the Department requests that the mat11 ter be remanded back for further consider12 ation; 

13 (ii) if remand is required because of a 

14 defective or missing transcript; or 

15 (iii) if remand is required for any 

16 other procedural or ministerial issue. 

17 (4) NOTICE OF RIGHT TO APPEAL.—The deci18 sion by the Board shall include notice to the alien 

19 of the alien’s right to file a petition for review in a 

20 United States Court of Appeals not later than 30 

21 days after the date of the decision. 

22 SEC. 703. IMMIGRATION JUDGES. 

23 (a) APPOINTMENT OF IMMIGRATION JUDGES.— 

24 (1) IN GENERAL.—The Chief Immigration 

25 Judge (as described in section 1003.9 of title 8, 


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1 Code of Federal Regulations, or any corresponding 

2 similar regulation) and other immigration judges 

3 shall be appointed by the Attorney General to a 7- 

4 year term. Upon the expiration of a term of office, 

5 the immigration judge may continue to act until a 

6 successor has been appointed and qualified. 

7 (2) QUALIFICATIONS.—Each immigration 

8 judge, including the Chief Immigration Judge, shall 

9 be an attorney in good standing of a bar of a State 

10 or the District of Columbia and shall have at least 

11 5 years of professional, legal expertise or at least 3 

12 years professional or legal expertise in immigration 

13 and nationality law. 

14 (b) JURISDICTION.—An Immigration judge shall 

15 have the authority to hear matters related to any removal 

16 proceeding pursuant to section 240 of the Immigration 

17 and Nationality Act (8 U.S.C. 1229a) described in section 

18 1240.1(a) of title 8, Code of Federal Regulations (or any 

19 corresponding similar regulation). 

20 (c) DUTIES OF IMMIGRATION JUDGES.—In deciding 

21 a case, an immigration judge— 

22 (1) shall exercise independent judgment and 

23 discretion; and 

24 (2) may take any action that is appropriate and 

25 necessary for the disposition of such case that is 


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1 consistent with their authorities under this section 

2 and regulations established in accordance with this 

3 section. 

4 (d) REVIEW.—Decisions of immigration judges are 

5 subject to review by the Board of Immigration Appeals 

6 in any case in which the Board has jurisdiction. 

7 SEC. 704. REMOVAL AND REVIEW OF JUDGES. 

8 No immigration judge or member of the Board may 

9 be removed or otherwise subject to disciplinary or adverse 

10 action for their exercise of independent judgment and dis11 cretion as prescribed by this chapter. 

12 SEC. 705. LEGAL ORIENTATION PROGRAM. 

13 (a) CONTINUED OPERATION.—The Director of the 

14 Executive Office for Immigration Review shall continue to 

15 operate a legal orientation program to provide basic infor16 mation about immigration court procedures for immigra17 tion detainees and shall expand the legal orientation pro18 gram to provide such information on a nationwide basis. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as may be 

21 necessary to carry out such legal orientation program. 

22 SEC. 706. REGULATIONS. 

23 Not later than 180 days after the date of the enact24 ment of this Act, the Attorney General shall issue regula25 tions to implement this subtitle. 


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1 SEC. 707. GAO STUDY ON THE APPELLATE PROCESS FOR 

2 IMMIGRATION APPEALS. 

3 (a) IN GENERAL.—The Comptroller General of the 

4 United States shall, not later than 180 days after enact5 ment of this Act, conduct a study on the appellate process 

6 for immigration appeals. 

7 (b) REQUIREMENTS.—In conducting the study under 

8 subsection (a), the Comptroller General shall consider the 

9 possibility of consolidating all appeals from the Board of 

10 Immigration Appeals and habeas corpus petitions in immi11 gration cases into 1 United States Court of Appeals, by— 

12 (1) consolidating all such appeals into an exist13 ing circuit court, such as the United States Court of 

14 Appeals for the Federal Circuit; 

15 (2) consolidating all such appeals into a central16 ized appellate court consisting of active circuit court 

17 judges temporarily assigned from the various cir18 cuits, in a manner similar to the Foreign Intel19 ligence Surveillance Court or the Temporary Emer20 gency Court of Appeals; or 

21 (3) implementing a mechanism by which a 

22 panel of active circuit court judges shall have the au23 thority to reassign such appeals from circuits with 

24 relatively high caseloads to circuits with relatively 

25 low caseloads. 


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1 (c) FACTORS TO CONSIDER.—In conducting the 

2 study under subsection (a), the Comptroller General, in 

3 consultation with the Attorney General, the Secretary, and 

4 the Judicial Conference of the United States, shall con5 sider— 

6 (1) the resources needed for each alternative, 

7 including judges, attorneys and other support staff, 

8 case management techniques including technological 

9 requirements, physical infrastructure, and other pro10 cedural and logistical issues as appropriate; 

11 (2) the impact of each plan on various circuits, 

12 including their caseload in general and caseload per 

13 panel; 

14 (3) the possibility of utilizing case management 

15 techniques to reduce the impact of any consolidation 

16 option, such as requiring certificates of reviewability, 

17 similar to procedures for habeas and existing sum18 mary dismissal procedures in local rules of the 

19 courts of appeals; 

20 (4) the effect of reforms in this Act on the abil21 ity of the circuit courts to adjudicate such appeals; 

22 (5) potential impact, if any, on litigants; and 

23 (6) other reforms to improve adjudication of 

24 immigration matters, including appellate review of 

25 motions to reopen and reconsider, and attorney fee 


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1 awards with respect to review of final orders of re2 moval. 

3 Subtitle B—Citizenship Assistance 

4 for Members of the Armed Services 

5 SEC. 711. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Kendell Frederick 

7 Citizenship Assistance Act’’. 

8 SEC. 712. WAIVER OF REQUIREMENT FOR FINGERPRINTS 

9 FOR MEMBERS OF THE ARMED FORCES. 

10 Notwithstanding any other provision of law or any 

11 regulation, the Secretary shall use the fingerprints pro12 vided by an individual at the time the individual enlists 

13 in the Armed Forces to satisfy any requirement for finger14 prints as part of an application for naturalization if the 

15 individual— 

16 (1) may be naturalized pursuant to section 328 

17 or 329 of the Immigration and Nationality Act (8 

18 U.S.C. 1439 or 1440); 

19 (2) was fingerprinted in accordance with the re20 quirements of the Department of Defense at the 

21 time the individual enlisted in the Armed Forces; 

22 and 

23 (3) submits an application for naturalization 

24 not later than 12 months after the date the indi25 vidual enlisted in the Armed Forces. 


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1 SEC. 713. PROVISION OF INFORMATION ON NATURALIZA2 TION TO MEMBERS OF THE ARMED FORCES. 

3 (a) CITIZENSHIP ADVOCATE.—The Secretary of De4 fense shall establish the position of Citizenship Advocate 

5 at each Military Entry Processing Station to provide infor6 mation and assistance related to the naturalization process 

7 to members of the Armed Forces. An individual serving 

8 as a Citizenship Advocate may be a civilian. 

9 (b) WRITTEN MATERIALS.—The Secretary of De10 fense shall ensure that written information describing the 

11 naturalization process for members of the Armed Forces 

12 is provided to each individual who is not a citizen of the 

13 United States at the time that the individual enlists in 

14 the Armed Forces. 

15 (c) TELEPHONE HOT LINE.—The Secretary shall— 

16 (1) establish a dedicated toll free telephone 

17 service available only to members of the Armed 

18 Forces and the families of such members to provide 

19 information related to naturalization pursuant to 

20 section 328 or 329 of the Immigration and Nation21 ality Act (8 U.S.C. 1439 or 1440), including the sta22 tus of an application for such naturalization; 

23 (2) ensure that the telephone service required 

24 by paragraph (1) is operated by employees of the 

25 Department who— 


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1 (A) have received specialized training on 

2 the naturalization process for members of the 

3 Armed Forces and the families of such mem4 bers; and 

5 (B) are physically located in the same unit 

6 as the military processing unit that adjudicates 

7 applications for naturalization pursuant to such 

8 section 328 or 329; and 

9 (3) implement a quality control program to 

10 monitor, on a regular basis, the accuracy and quality 

11 of information provided by the employees who oper12 ate the telephone service required by paragraph (1), 

13 including the breadth of the knowledge related to the 

14 naturalization process of such employees. 

15 SEC. 714. PROVISION OF INFORMATION ON NATURALIZA16 TION TO THE PUBLIC. 

17 Not later than 30 days after the date that a modifica18 tion to any law or regulation related to the naturalization 

19 process becomes effective, the Secretary shall update the 

20 appropriate application form for naturalization, the in21 structions and guidebook for obtaining naturalization, and 

22 the Internet website maintained by the Secretary to reflect 

23 such modification. 


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1 SEC. 715. REPORTS. 

2 (a) ADJUDICATION PROCESS.—Not later than 120 

3 days after the date of the enactment of this Act, the 

4 Comptroller General of the United States shall submit to 

5 the appropriate congressional committees a report on the 

6 entire process for the adjudication of an application for 

7 naturalization filed pursuant to section 328 or 329 of the 

8 Immigration and Nationality Act (8 U.S.C. 1439 or 

9 1440), including the process that begins at the time the 

10 application is mailed to, or received by, the Secretary, re11 gardless of whether the Secretary determines that such 

12 application is complete, through the final disposition of 

13 such application. Such report shall include shall include 

14 a description of— 

15 (1) the methods of the Secretary and the Sec16 retary of Defense to prepare, handle, and adjudicate 

17 such applications; 

18 (2) the effectiveness of the chain of authority, 

19 supervision, and training of employees of the Gov20 ernment or of other entities, including contract em21 ployees, who have any role in the such process or ad22 judication; and 

23 (3) the ability of the Secretary and the Sec24 retary of Defense to use technology to facilitate or 

25 accomplish any aspect of such process or adjudica26 tion. 


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1 (b) IMPLEMENTATION.— 

2 (1) STUDY.—The Comptroller General of the 

3 United States shall conduct a study on the imple4 mentation of this subtitle by the Secretary and the 

5 Secretary of Defense, including studying any tech6 nology that may be used to improve the efficiency of 

7 the naturalization process for members of the Armed 

8 Forces. 

9 (2) REPORT.—Not later than 180 days after 

10 the date that the Comptroller General submits the 

11 report required by subsection (a), the Comptroller 

12 General shall submit to the appropriate congres13 sional committees a report on the study required by 

14 paragraph (1). The report shall include any rec15 ommendations of the Comptroller General for im16 proving the implementation of this subtitle by the 

17 Secretary or the Secretary of Defense. 

18 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE19 FINED.—In this section, the term ‘‘appropriate congres20 sional committees’’ means— 

21 (1) the Committee on Armed Services and the 

22 Committee on the Judiciary of the Senate; and 

23 (2) the Committee on Armed Services and the 

24 Committee on the Judiciary of the House of Rep25 resentatives. 


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1 Subtitle C—State Court Interpreter 

2 Grant Program 

3 SEC. 721. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘State Court Inter5 preter Grant Program Act’’. 

6 SEC. 722. FINDINGS. 

7 Congress finds that— 

8 (1) the fair administration of justice depends on 

9 the ability of all participants in a courtroom pro10 ceeding to understand that proceeding, regardless of 

11 their English proficiency; 

12 (2) 19 percent of the population of the United 

13 States over 5 years of age speaks a language other 

14 than English at home; 

15 (3) only qualified court interpreters can ensure 

16 that persons with limited English proficiency com17 prehend judicial proceedings in which they are a 

18 party; 

19 (4) the knowledge and skills required of a quali20 fied court interpreter differ substantially from those 

21 required in other interpretation settings, such as so22 cial service, medical, diplomatic, and conference in23 terpreting; 


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1 (5) the Federal Government has demonstrated 

2 its commitment to equal administration of justice re3 gardless of English proficiency; 

4 (6) regulations implementing title VI of the 

5 Civil Rights Act of 1964, as well as the guidance 

6 issued by the Department of Justice pursuant to Ex7 ecutive Order 13166, issued August 11, 2000, clar8 ify that all recipients of Federal financial assistance, 

9 including State courts, are required to take reason10 able steps to provide meaningful access to their pro11 ceedings for persons with limited English pro12 ficiency; 

13 (7) 34 States have developed, or are developing, 

14 court interpreting programs; 

15 (8) robust, effective court interpreter pro16 grams— 

17 (A) actively recruit skilled individuals to be 

18 court interpreters; 

19 (B) train those individuals in the interpre20 tation of court proceedings; 

21 (C) develop and use a thorough, systematic 

22 certification process for court interpreters; and 

23 (D) have sufficient funding to ensure that 

24 a qualified interpreter will be available to the 

25 court whenever necessary; and 


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1 (9) Federal funding is necessary to— 

2 (A) encourage State courts that do not 

3 have court interpreter programs to develop 

4 them; 

5 (B) assist State courts with nascent court 

6 interpreter programs to implement them; 

7 (C) assist State courts with limited court 

8 interpreter programs to enhance them; and 

9 (D) assist State courts with robust court 

10 interpreter programs to make further improve11 ments and share successful programs with other 

12 States. 

13 SEC. 723. STATE COURT INTERPRETER PROGRAM. 

14 (a) GRANTS AUTHORIZED.— 

15 (1) IN GENERAL.—The Administrator of the 

16 Office of Justice Programs of the Department of 

17 Justice (referred to in this section as the ‘‘Adminis18 trator’’) shall make grants, in accordance with such 

19 regulations as the Attorney General may prescribe, 

20 to State courts to develop and implement programs 

21 to assist individuals with limited English proficiency 

22 to access and understand State court proceedings in 

23 which they are a party. 

24 (2) TECHNICAL ASSISTANCE.—The Adminis25 trator shall allocate, for each fiscal year, $500,000 


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1 of the amount appropriated pursuant to section 4 to 

2 be used to establish a court interpreter technical as3 sistance program to assist State courts receiving 

4 grants under this subtitle. 

5 (b) USE OF GRANTS.—Grants awarded under sub6 section (a) may be used by State courts to— 

7 (1) assess regional language demands; 

8 (2) develop a court interpreter program for the 

9 State courts; 

10 (3) develop, institute, and administer language 

11 certification examinations; 

12 (4) recruit, train, and certify qualified court in13 terpreters; 

14 (5) pay for salaries, transportation, and tech15 nology necessary to implement the court interpreter 

16 program developed under paragraph (2); and 

17 (6) engage in other related activities, as pre18 scribed by the Attorney General. 

19 (c) APPLICATION.— 

20 (1) IN GENERAL.—The highest State court of 

21 each State desiring a grant under this section shall 

22 submit an application to the Administrator at such 

23 time, in such manner, and accompanied by such in24 formation as the Administrator may reasonably re25 quire. 


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1 (2) STATE COURTS.—The highest State court 

2 of each State submitting an application under para3 graph (1) shall include in the application— 

4 (A) an identification of each State court in 

5 that State which would receive funds from the 

6 grant; 

7 (B) the amount of funds each State court 

8 identified under subparagraph (A) would re9 ceive from the grant; and 

10 (C) the procedures the highest State court 

11 would use to directly distribute grant funds to 

12 State courts identified under subparagraph (A). 

13 (d) STATE COURT ALLOTMENTS.— 

14 (1) BASE ALLOTMENT.—From amounts appro15 priated for each fiscal year pursuant to section 724, 

16 the Administrator shall allocate $100,000 to each of 

17 the highest State court of each State, which has an 

18 application approved under subsection (c). 

19 (2) DISCRETIONARY ALLOTMENT.—From 

20 amounts appropriated for each fiscal year pursuant 

21 to section 724, the Administrator shall allocate a 

22 total of $5,000,000 to the highest State court of 

23 States that have extraordinary needs that must be 

24 addressed in order to develop, implement, or expand 

25 a State court interpreter program. 


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1 (3) ADDITIONAL ALLOTMENT.—In addition to 

2 the allocations made under paragraphs (1) and (2), 

3 the Administrator shall allocate to each of the high4 est State court of each State, which has an applica5 tion approved under subsection (c), an amount equal 

6 to the product reached by multiplying— 

7 (A) the unallocated balance of the amount 

8 appropriated for each fiscal year pursuant to 

9 section 724; and 

10 (B) the ratio between the number of people 

11 over 5 years of age who speak a language other 

12 than English at home in the State and the 

13 number of people over 5 years of age who speak 

14 a language other than English at home in all 

15 the States that receive an allocation under 

16 paragraph (1), as those numbers are deter17 mined by the Bureau of the Census. 

18 SEC. 724. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated $15,000,000 

20 for each of the fiscal years 2007 through 2010 to carry 

21 out this subtitle. 


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1 Subtitle D—Border Infrastructure 

2 and Technology Modernization 

3 SEC. 731. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Border Infrastruc5 ture and Technology Modernization Act’’. 

6 SEC. 732. DEFINITIONS. 

7 In this subtitle: 

8 (1) COMMISSIONER.—The term ‘‘Commis9 sioner’’ means the Commissioner of the Bureau of 

10 Customs and Border Protection of the Department 

11 of Homeland Security. 

12 (2) MAQUILADORA.—The term ‘‘maquiladora’’ 

13 means an entity located in Mexico that assembles 

14 and produces goods from imported parts for export 

15 to the United States. 

16 (3) NORTHERN BORDER.—The term ‘‘northern 

17 border’’ means the international border between the 

18 United States and Canada. 

19 (4) SOUTHERN BORDER.—The term ‘‘southern 

20 border’’ means the international border between the 

21 United States and Mexico. 

22 SEC. 733. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT 

23 STUDY. 

24 (a) REQUIREMENT TO UPDATE.—Not later than Jan25 uary 31 of each year, the Administrator of General ServVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 ices shall update the Port of Entry Infrastructure Assess2 ment Study prepared by the Bureau of Customs and Bor3 der Protection in accordance with the matter relating to 

4 the ports of entry infrastructure assessment that is set 

5 out in the joint explanatory statement in the conference 

6 report accompanying H.R. 2490 of the 106th Congress, 

7 1st session (House of Representatives Rep. No. 106–319, 

8 on page 67) and submit such updated study to Congress. 

9 (b) CONSULTATION.—In preparing the updated stud10 ies required in subsection (a), the Administrator of Gen11 eral Services shall consult with the Director of the Office 

12 of Management and Budget, the Secretary, and the Com13 missioner. 

14 (c) CONTENT.—Each updated study required in sub15 section (a) shall— 

16 (1) identify port of entry infrastructure and 

17 technology improvement projects that would enhance 

18 border security and facilitate the flow of legitimate 

19 commerce if implemented; 

20 (2) include the projects identified in the Na21 tional Land Border Security Plan required by sec22 tion 734; and 

23 (3) prioritize the projects described in para24 graphs (1) and (2) based on the ability of a project 

25 to— 


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1 (A) fulfill immediate security requirements; 

2 and 

3 (B) facilitate trade across the borders of 

4 the United States. 

5 (d) PROJECT IMPLEMENTATION.—The Commissioner 

6 shall implement the infrastructure and technology im7 provement projects described in subsection (c) in the order 

8 of priority assigned to each project under subsection 

9 (c)(3). 

10 (e) DIVERGENCE FROM PRIORITIES.—The Commis11 sioner may diverge from the priority order if the Commis12 sioner determines that significantly changed cir13 cumstances, such as immediate security needs or changes 

14 in infrastructure in Mexico or Canada, compellingly alter 

15 the need for a project in the United States. 

16 SEC. 734. NATIONAL LAND BORDER SECURITY PLAN. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of the enactment of this Act, an annually thereafter, 

19 the Secretary, after consultation with representatives of 

20 Federal, State, and local law enforcement agencies and 

21 private entities that are involved in international trade 

22 across the northern border or the southern border, shall 

23 submit a National Land Border Security Plan to Con24 gress. 

25 (b) VULNERABILITY ASSESSMENT.— 


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1 (1) IN GENERAL.—The plan required in sub2 section (a) shall include a vulnerability assessment 

3 of each port of entry located on the northern border 

4 or the southern border. 

5 (2) PORT SECURITY COORDINATORS.—The Sec6 retary may establish 1 or more port security coordi7 nators at each port of entry located on the northern 

8 border or the southern border— 

9 (A) to assist in conducting a vulnerability 

10 assessment at such port; and 

11 (B) to provide other assistance with the 

12 preparation of the plan required in subsection 

13 (a). 

14 SEC. 735. EXPANSION OF COMMERCE SECURITY PRO15 GRAMS. 

16 (a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER17 RORISM.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this Act, the Commis20 sioner, in consultation with the Secretary, shall de21 velop a plan to expand the size and scope, including 

22 personnel, of the Customs–Trade Partnership 

23 Against Terrorism programs along the northern bor24 der and southern border, including— 


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1 (A) the Business Anti-Smuggling Coali2 tion; 

3 (B) the Carrier Initiative Program; 

4 (C) the Americas Counter Smuggling Ini5 tiative; 

6 (D) the Container Security Initiative; 

7 (E) the Free and Secure Trade Initiative; 

8 and 

9 (F) other Industry Partnership Programs 

10 administered by the Commissioner. 

11 (2) SOUTHERN BORDER DEMONSTRATION PRO12 GRAM.—Not later than 180 days after the date of 

13 enactment of this Act, the Commissioner shall imple14 ment, on a demonstration basis, at least 1 Customs– 

15 Trade Partnership Against Terrorism program, 

16 which has been successfully implemented along the 

17 northern border, along the southern border. 

18 (b) MAQUILADORA DEMONSTRATION PROGRAM.— 

19 Not later than 180 days after the date of enactment of 

20 this Act, the Commissioner shall establish a demonstration 

21 program to develop a cooperative trade security system to 

22 improve supply chain security. 


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1 SEC. 736. PORT OF ENTRY TECHNOLOGY DEMONSTRATION 

2 PROGRAM. 

3 (a) ESTABLISHMENT.—The Secretary shall carry out 

4 a technology demonstration program to— 

5 (1) test and evaluate new port of entry tech6 nologies; 

7 (2) refine port of entry technologies and oper8 ational concepts; and 

9 (3) train personnel under realistic conditions. 

10 (b) TECHNOLOGY AND FACILITIES.— 

11 (1) TECHNOLOGY TESTING.—Under the tech12 nology demonstration program, the Secretary shall 

13 test technologies that enhance port of entry oper14 ations, including operations related to— 

15 (A) inspections; 

16 (B) communications; 

17 (C) port tracking; 

18 (D) identification of persons and cargo; 

19 (E) sensory devices; 

20 (F) personal detection; 

21 (G) decision support; and 

22 (H) the detection and identification of 

23 weapons of mass destruction. 

24 (2) DEVELOPMENT OF FACILITIES.—At a dem25 onstration site selected pursuant to subsection 

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1 vide appropriate training to law enforcement per2 sonnel who have responsibility for border security, 

3 including— 

4 (A) cross-training among agencies; 

5 (B) advanced law enforcement training; 

6 and 

7 (C) equipment orientation. 

8 (c) DEMONSTRATION SITES.— 

9 (1) NUMBER.—The Secretary shall carry out 

10 the demonstration program at not less than 3 sites 

11 and not more than 5 sites. 

12 (2) SELECTION CRITERIA.—To ensure that at 

13 least 1 of the facilities selected as a port of entry 

14 demonstration site for the demonstration program 

15 has the most up-to-date design, contains sufficient 

16 space to conduct the demonstration program, has a 

17 traffic volume low enough to easily incorporate new 

18 technologies without interrupting normal processing 

19 activity, and can efficiently carry out demonstration 

20 and port of entry operations, at least 1 port of entry 

21 selected as a demonstration site shall— 

22 (A) have been established not more than 

23 15 years before the date of the enactment of 

24 this Act; 


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1 (B) consist of not less than 65 acres, with 

2 the possibility of expansion to not less than 25 

3 adjacent acres; and 

4 (C) have serviced an average of not more 

5 than 50,000 vehicles per month during the 1- 

6 year period ending on the date of the enactment 

7 of this Act. 

8 (d) RELATIONSHIP WITH OTHER AGENCIES.—The 

9 Secretary shall permit personnel from an appropriate Fed10 eral or State agency to utilize a demonstration site de11 scribed in subsection (c) to test technologies that enhance 

12 port of entry operations, including technologies described 

13 in subparagraphs (A) through (H) of subsection (b)(1). 

14 (e) REPORT.— 

15 (1) REQUIREMENT.—Not later than 1 year 

16 after the date of the enactment of this Act, and an17 nually thereafter, the Secretary shall submit to Con18 gress a report on the activities carried out at each 

19 demonstration site under the technology demonstra20 tion program established under this section. 

21 (2) CONTENT.—The report submitted under 

22 paragraph (1) shall include an assessment by the 

23 Secretary of the feasibility of incorporating any dem24 onstrated technology for use throughout the Bureau 

25 of Customs and Border Protection. 


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1 SEC. 737. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—In addition to any funds other3 wise available, there are authorized to be appropriated— 

4 (1) such sums as may be necessary for the fis5 cal years 2007 through 2011 to carry out the provi6 sions of section 733(a); 

7 (2) to carry out section 733(d)— 

8 (A) $100,000,000 for each of the fiscal 

9 years 2007 through 2011; and 

10 (B) such sums as may be necessary in any 

11 succeeding fiscal year; 

12 (3) to carry out section 735(a)— 

13 (A) $30,000,000 for fiscal year 2007, of 

14 which $5,000,000 shall be made available to 

15 fund the demonstration project established in 

16 section 736(a)(2); and 

17 (B) such sums as may be necessary for the 

18 fiscal years 2008 through 2011; and 

19 (4) to carry out section 735(b)— 

20 (A) $5,000,000 for fiscal year 2007; and 

21 (B) such sums as may be necessary for the 

22 fiscal years 2008 through 2011; and 

23 (5) to carry out section 736, provided that not 

24 more than $10,000,000 may be expended for tech25 nology demonstration program activities at any 1 

26 port of entry demonstration site in any fiscal year— 


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1 (A) $50,000,000 for fiscal year 2007; and 

2 (B) such sums as may be necessary for 

3 each of the fiscal years 2008 through 2011. 

4 (b) INTERNATIONAL AGREEMENTS.—Amounts au5 thorized to be appropriated under this subtitle may be 

6 used for the implementation of projects described in the 

7 Declaration on Embracing Technology and Cooperation to 

8 Promote the Secure and Efficient Flow of People and 

9 Commerce across our Shared Border between the United 

10 States and Mexico, agreed to March 22, 2002, Monterrey, 

11 Mexico (commonly known as the Border Partnership Ac12 tion Plan) or the Smart Border Declaration between the 

13 United States and Canada, agreed to December 12, 2001, 

14 Ottawa, Canada that are consistent with the provisions of 

15 this subtitle. 

16 Subtitle E—Family Humanitarian 

17 Relief 

18 SEC. 741. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘September 11 

20 Family Humanitarian Relief and Patriotism Act’’. 

21 SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN NON22 IMMIGRANT VICTIMS OF TERRORISM. 

23 (a) ADJUSTMENT OF STATUS.— 

24 (1) IN GENERAL.—The status of any alien de25 scribed in subsection (b) shall be adjusted by the 


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1 Secretary to that of an alien lawfully admitted for 

2 permanent residence, if the alien— 

3 (A) applies for such adjustment not later 

4 than 2 years after the date on which the Sec5 retary promulgates final regulations to imple6 ment this section; and 

7 (B) is otherwise admissible to the United 

8 States for permanent residence, except in deter9 mining such admissibility the grounds for inad10 missibility specified in paragraphs (4), (5), 

11 (6)(A), (7)(A), and (9)(B) of section 212(a) of 

12 the Immigration and Nationality Act (8 U.S.C. 

13 1182(a)) shall not apply. 

14 (2) RULES IN APPLYING CERTAIN PROVI15 SIONS.— 

16 (A) IN GENERAL.—In the case of an alien 

17 described in subsection (b) who is applying for 

18 adjustment of status under this section— 

19 (i) the provisions of section 241(a)(5) 

20 of the Immigration and Nationality Act (8 

21 U.S.C. 1231(a)(5)) shall not apply; and 

22 (ii) the Secretary may grant the alien 

23 a waiver on the grounds of inadmissibility 

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1 tion 212(a)(9) of such Act (8 U.S.C. 

2 1182(a)(9)). 

3 (B) STANDARDS.—In granting waivers 

4 under subparagraph (A)(ii), the Secretary shall 

5 use standards used in granting consent under 

6 subparagraphs (A)(iii) and (C)(ii) of such sec7 tion 212(a)(9). 

8 (3) RELATIONSHIP OF APPLICATION TO CER9 TAIN ORDERS.— 

10 (A) APPLICATION PERMITTED.—An alien 

11 present in the United States who has been or12 dered excluded, deported, removed, or ordered 

13 to depart voluntarily from the United States 

14 under any provision of the Immigration and 

15 Nationality Act (8 U.S.C. 1101 et seq.) may, 

16 notwithstanding such order, apply for adjust17 ment of status under paragraph (1). 

18 (B) MOTION NOT REQUIRED.—An alien 

19 described in subparagraph (A) may not be re20 quired, as a condition of submitting or granting 

21 such application, to file a separate motion to re22 open, reconsider, or vacate such order. 

23 (C) EFFECT OF DECISION.—If the Sec24 retary grants a request under subparagraph 

25 (A), the Secretary shall cancel the order. If the 


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1 Secretary renders a final administrative deci2 sion to deny the request, the order shall be ef3 fective and enforceable to the same extent as if 

4 the application had not been made. 

5 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA6 TUS.—The benefits provided by subsection (a) shall apply 

7 to any alien who— 

8 (1) was lawfully present in the United States as 

9 a nonimmigrant alien described in section 

10 101(a)(15) of the Immigration and Nationality Act 

11 (8 U.S.C. 1101(a)(15)) on September 10, 2001; 

12 (2) was, on such date, the spouse, child, de13 pendent son, or dependent daughter of an alien 

14 who— 

15 (A) was lawfully present in the United 

16 States as a nonimmigrant alien described in 

17 section 101(a)(15) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(15)) on such 

19 date; and 

20 (B) died as a direct result of a specified 

21 terrorist activity; and 

22 (3) was deemed to be a beneficiary of, and by, 

23 the September 11th Victim Compensation Fund of 

24 2001 (49 U.S.C. 40101 note). 

25 (c) STAY OF REMOVAL; WORK AUTHORIZATION.— 


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1 (1) IN GENERAL.—The Secretary shall estab2 lish, by regulation, a process by which an alien sub3 ject to a final order of removal may seek a stay of 

4 such order based on the filing of an application 

5 under subsection (a). 

6 (2) DURING CERTAIN PROCEEDINGS.—Notwith7 standing any provision of the Immigration and Na8 tionality Act (8 U.S.C. 1101 et seq.), the Secretary 

9 shall not order any alien to be removed from the 

10 United States, if the alien is in removal proceedings 

11 under any provision of such Act and has applied for 

12 adjustment of status under subsection (a), except 

13 where the Secretary has rendered a final administra14 tive determination to deny the application. 

15 (3) WORK AUTHORIZATION.—The Secretary 

16 shall authorize an alien who has applied for adjust17 ment of status under subsection (a) to engage in 

18 employment in the United States during the pend19 ency of such application. 

20 (d) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

21 The Secretary shall provide to applicants for adjustment 

22 of status under subsection (a) the same right to, and pro23 cedures for, administrative review as are provided to— 


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1 (1) applicants for adjustment of status under 

2 section 245 of the Immigration and Nationality Act 

3 (8 U.S.C. 1255); or 

4 (2) aliens subject to removal proceedings under 

5 section 240 of such Act (8 U.S.C. 1229a). 

6 SEC. 743. CANCELLATION OF REMOVAL FOR CERTAIN IMMI7 GRANT VICTIMS OF TERRORISM. 

8 (a) IN GENERAL.—Subject to the provisions of the 

9 Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 

10 other than subsections (b)(1), (d)(1), and (e) of section 

11 240A of such Act (8 U.S.C. 1229b), the Secretary shall, 

12 under such section 240A, cancel the removal of, and ad13 just to the status of an alien lawfully admitted for perma14 nent residence, an alien described in subsection (b), if the 

15 alien applies for such relief. 

16 (b) ALIENS ELIGIBLE FOR CANCELLATION OF RE17 MOVAL.—The benefits provided by subsection (a) shall 

18 apply to any alien who— 

19 (1) was, on September 10, 2001, the spouse, 

20 child, dependent son, or dependent daughter of an 

21 alien who died as a direct result of a specified ter22 rorist activity; and 

23 (2) was deemed to be a beneficiary of, and by, 

24 the September 11th Victim Compensation Fund of 

25 2001 (49 U.S.C. 40101 note). 


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1 (c) STAY OF REMOVAL; WORK AUTHORIZATION.— 

2 (1) IN GENERAL.—The Secretary shall provide 

3 by regulation for an alien subject to a final order of 

4 removal to seek a stay of such order based on the 

5 filing of an application under subsection (a). 

6 (2) WORK AUTHORIZATION.—The Secretary 

7 shall authorize an alien who has applied for cancella8 tion of removal under subsection (a) to engage in 

9 employment in the United States during the pend10 ency of such application. 

11 (d) MOTIONS TO REOPEN REMOVAL PRO12 CEEDINGS.— 

13 (1) IN GENERAL.—Notwithstanding any limita14 tion imposed by law on motions to reopen removal 

15 proceedings (except limitations premised on an 

16 alien’s conviction of an aggravated felony (as defined 

17 in section 101(a)(43) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(43))), any alien who 

19 has become eligible for cancellation of removal as a 

20 result of the enactment of this section may file 1 

21 motion to reopen removal proceedings to apply for 

22 such relief. 

23 (2) FILING PERIOD.—The Secretary shall des24 ignate a specific time period in which all such mo25 tions to reopen are required to be filed. The period 


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1 shall begin not later than 60 days after the date of 

2 enactment of this Act and shall extend for a period 

3 not to exceed 240 days. 

4 SEC. 744. EXCEPTIONS. 

5 Notwithstanding any other provision of this subtitle, 

6 an alien may not be provided relief under this subtitle if 

7 the alien is— 

8 (1) inadmissible under paragraph (2) or (3) of 

9 section 212(a) of the Immigration and Nationality 

10 Act (8 U.S.C. 1182(a)), or deportable under para11 graph (2) or (4) of section 237(a) of such Act (8 

12 U.S.C. 1227(a)), including any individual culpable 

13 for a specified terrorist activity; or 

14 (2) a family member of an alien described in 

15 paragraph (1). 

16 SEC. 745. EVIDENCE OF DEATH. 

17 For purposes of this subtitle, the Secretary shall use 

18 the standards established under section 426 of the Uniting 

19 and Strengthening America by Providing Appropriate 

20 Tools Required to Intercept and Obstruct Terrorism (USA 

21 PATRIOT ACT) Act of 2001 (115 Stat. 362) in deter22 mining whether death occurred as a direct result of a spec23 ified terrorist activity. 


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1 SEC. 746. DEFINITIONS. 

2 (a) APPLICATION OF IMMIGRATION AND NATION3 ALITY ACT PROVISIONS.—Except as otherwise specifically 

4 provided in this subtitle, the definitions used in the Immi5 gration and Nationality Act (8 U.S.C. 1101 et seq.), other 

6 than the definitions applicable exclusively to title III of 

7 such Act, shall apply in the administration of this subtitle. 

8 (b) SPECIFIED TERRORIST ACTIVITY.—For purposes 

9 of this subtitle, the term ‘‘specified terrorist activity’’ 

10 means any terrorist activity conducted against the Govern11 ment or the people of the United States on September 11, 

12 2001. 

13 Subtitle F—Other Matters 

14 SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED 

15 FORCES. 

16 Section 329 of the Immigration and Nationality Act 

17 (8 U.S.C. 1440) is amended— 

18 (1) in subsection (b), by striking ‘‘subsection 

19 (a)’’ and inserting ‘‘subsection (a) and (d)’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(d) Notwithstanding any other provision of law, ex22 cept for provisions relating to revocation of citizenship 

23 under subsection (c), individuals who are not United 

24 States citizens shall not be denied the opportunity to apply 

25 for membership in the United States Armed Forces. Such 

26 individuals who become active duty members of the United 


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1 States Armed Forces shall, consistent with subsections (a) 

2 through (e) and with the approval of their chain of com3 mand, be granted United States citizenship after per4 forming at least 2 years of honorable and satisfactory 

5 service on active duty. Not later than 90 days after such 

6 requirements are met with respect to an individual, such 

7 individual shall be granted United States citizenship. 

8 ‘‘(e) An alien described in subsection (d) shall be nat9 uralized without regard to the requirements of title III of 

10 the Immigration and Nationality Act (8 U.S.C. 1401 et 

11 seq.) and any other requirements, processes, or procedures 

12 of the Immigration and Naturalization Service, if the 

13 alien— 

14 ‘‘(1) filed an application for naturalization in 

15 accordance with such procedures to carry out this 

16 section as may be established by regulation by the 

17 Secretary of Homeland Security or the Secretary of 

18 Defense; 

19 ‘‘(2) demonstrates to his or her military chain 

20 of command, proficiency in the English language, 

21 good moral character, and knowledge of the Federal 

22 Government and United States history, consistent 

23 with the requirements contained in the Immigration 

24 and Nationality Act; and 


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1 ‘‘(3) takes the oath required under section 337 

2 of such Act (8 U.S.C. 1448 et seq.) and participates 

3 in an oath administration ceremony in accordance 

4 with such Act.’’. 

5 SEC. 752. NONIMMIGRANT ALIEN STATUS FOR CERTAIN 

6 ATHLETES. 

7 (a) IN GENERAL.—Section 214(c)(4)(A) (8 U.S.C. 

8 1184(c)(4)(A)) is amended by striking clauses (i) and (ii) 

9 and inserting the following: 

10 ‘‘(i)(I) performs as an athlete, individually or as 

11 part of a group or team, at an internationally recog12 nized level of performance, 

13 ‘‘(II) is a professional athlete, as defined in sec14 tion 204(i)(2), 

15 ‘‘(III) performs as an athlete, or as a coach, as 

16 part of a team or franchise that is located in the 

17 United States and a member of a foreign league or 

18 association of 15 or more amateur sports teams, if— 

19 ‘‘(aa) the foreign league or association is 

20 the highest level of amateur performance of 

21 that sport in the relevant foreign country, 

22 ‘‘(bb) participation in such league or asso23 ciation renders players ineligible, whether on a 

24 temporary or permanent basis, to earn a schol25 arship in, or participate in, that sport at a colVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 lege or university in the United States under 

2 the rules of the National Collegiate Athletic As3 sociation (NCAA), and 

4 ‘‘(cc) a significant number of the individ5 uals who play in such league or association are 

6 drafted by a major sports league or a minor 

7 league affiliate of such a sports league, or 

8 ‘‘(IV) is a professional athlete or amateur ath9 lete who performs individually or as part of a group 

10 in a theatrical ice skating production, and 

11 ‘‘(ii) seeks to enter the United States tempo12 rarily and solely for the purpose of performing— 

13 ‘‘(I) as such an athlete with respect to a 

14 specific athletic competition, or 

15 ‘‘(II) in the case of an individual described 

16 in clause (i)(IV), in a specific theatrical ice 

17 skating production or tour.’’. 

18 (b) ADVISORY OPINIONS.—Section 214(c) (8 U.S.C. 

19 1184(c)) is amended— 

20 (1) in paragraph (4)(D), by inserting ‘‘(other 

21 than with respect to aliens seeking entry under sub22 clause (II), (III), or (IV) of subparagraph (A)(i) of 

23 this paragraph),’’ after ‘‘101(a)(15)(P)’’; and 

24 (2) in paragraph (6)(A)(iii), by inserting 

25 ‘‘(other than with respect to aliens seeking entry 


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1 under subclause (II), (III), or (IV) of paragraph 

2 (4)(A)(i))’’ after ‘‘101(a)(15)(P)(i)’’. 

3 (c) PETITIONS FOR MULTIPLE ALIENS.—Section 

4 214(c)(4) (8 U.S.C. 1184(c)(4)) is amended by adding at 

5 the end the following new paragraph: 

6 ‘‘(F) The Secretary of Homeland Security shall per7 mit a petition under this subsection to seek classification 

8 of more than one alien as a nonimmigrant under section 

9 101(a)(15)(P)(i)(a). The fee charged for such a petition 

10 may not be more than the fee charged for a petition seek11 ing classification of one such alien.’’. 

12 (d) RELATIONSHIP TO OTHER PROVISIONS OF THE

13 IMMIGRATION AND NATIONALITY ACT.—Section 

14 214(c)(4) (8 U.S.C. 1184(c)(4)), as amended by sub15 section (c), is further amended by adding at the end the 

16 following new paragraph: 

17 ‘‘(G) Notwithstanding any other provision of this 

18 title, the Secretary of Homeland Security shall permit an 

19 athlete, or the employer of an athlete, to seek admission 

20 to the United States for such athlete under a provision 

21 of this Act other than section 101(a)(15)(P)(i).’’. 

22 SEC. 753. EXTENSION OF RETURNING WORKER EXEMPTION. 

23 Section 402(b)(1) of the Save Our Small and Sea24 sonal Businesses Act of 2005 (title IV of division B of 


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1 Public Law 109–13; 8 U.S.C. 1184 note) is amended by 

2 striking ‘‘2006’’ and inserting ‘‘2009’’. 

3 SEC. 754. SURVEILLANCE TECHNOLOGIES PROGRAMS. 

4 (a) AERIAL SURVEILLANCE PROGRAM.— 

5 (1) IN GENERAL.—In conjunction with the bor6 der surveillance plan developed under section 5201 

7 of the Intelligence Reform and Terrorism Prevention 

8 Act of 2004 (Public Law 108–458; 8 U.S.C. 1701 

9 note), the Secretary, not later than 90 days after the 

10 date of enactment of this Act, shall develop and im11 plement a program to fully integrate and utilize aer12 ial surveillance technologies, including unmanned 

13 aerial vehicles, to enhance the security of the inter14 national border between the United States and Can15 ada and the international border between the United 

16 States and Mexico. The goal of the program shall be 

17 to ensure continuous monitoring of each mile of each 

18 such border. 

19 (2) ASSESSMENT AND CONSULTATION REQUIRE20 MENTS.—In developing the program under this sub21 section, the Secretary shall— 

22 (A) consider current and proposed aerial 

23 surveillance technologies; 

24 (B) assess the feasibility and advisability 

25 of utilizing such technologies to address border 


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1 threats, including an assessment of the tech2 nologies considered best suited to address re3 spective threats; 

4 (C) consult with the Secretary of Defense 

5 regarding any technologies or equipment, which 

6 the Secretary may deploy along an international 

7 border of the United States; and 

8 (D) consult with the Administrator of the 

9 Federal Aviation Administration regarding safe10 ty, airspace coordination and regulation, and 

11 any other issues necessary for implementation 

12 of the program. 

13 (3) ADDITIONAL REQUIREMENTS.— 

14 (A) IN GENERAL.—The program developed 

15 under this subsection shall include the use of a 

16 variety of aerial surveillance technologies in a 

17 variety of topographies and areas, including 

18 populated and unpopulated areas located on or 

19 near an international border of the United 

20 States, in order to evaluate, for a range of cir21 cumstances— 

22 (i) the significance of previous experi23 ences with such technologies in border se24 curity or critical infrastructure protection; 


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1 (ii) the cost and effectiveness of var2 ious technologies for border security, in3 cluding varying levels of technical com4 plexity; and 

5 (iii) liability, safety, and privacy con6 cerns relating to the utilization of such 

7 technologies for border security. 

8 (4) CONTINUED USE OF AERIAL SURVEILLANCE

9 TECHNOLOGIES.—The Secretary may continue the 

10 operation of aerial surveillance technologies while as11 sessing the effectiveness of the utilization of such 

12 technologies. 

13 (5) REPORT TO CONGRESS.—Not later than 

14 180 days after implementing the program under this 

15 subsection, the Secretary shall submit a report to 

16 Congress regarding the program developed under 

17 this subsection. The Secretary shall include in the 

18 report a description of the program together with 

19 such recommendations as the Secretary finds appro20 priate for enhancing the program. 

21 (6) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated such sums 

23 as may be necessary to carry out this subsection. 

24 (b) INTEGRATED AND AUTOMATED SURVEILLANCE

25 PROGRAM.— 


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1 (1) REQUIREMENT FOR PROGRAM.—Subject to 

2 the availability of appropriations, the Secretary shall 

3 establish a program to procure additional unmanned 

4 aerial vehicles, cameras, poles, sensors, satellites, 

5 radar coverage, and other technologies necessary to 

6 achieve operational control of the international bor7 ders of the United States and to establish a security 

8 perimeter known as a ‘‘virtual fence’’ along such 

9 international borders to provide a barrier to illegal 

10 immigration. Such program shall be known as the 

11 Integrated and Automated Surveillance Program. 

12 (2) PROGRAM COMPONENTS.—The Secretary 

13 shall ensure, to the maximum extent feasible, the In14 tegrated and Automated Surveillance Program is 

15 carried out in a manner that— 

16 (A) the technologies utilized in the Pro17 gram are integrated and function cohesively in 

18 an automated fashion, including the integration 

19 of motion sensor alerts and cameras, whereby a 

20 sensor alert automatically activates a cor21 responding camera to pan and tilt in the direc22 tion of the triggered sensor; 

23 (B) cameras utilized in the Program do 

24 not have to be manually operated; 


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1 (C) such camera views and positions are 

2 not fixed; 

3 (D) surveillance video taken by such cam4 eras can be viewed at multiple designated com5 munications centers; 

6 (E) a standard process is used to collect, 

7 catalog, and report intrusion and response data 

8 collected under the Program; 

9 (F) future remote surveillance technology 

10 investments and upgrades for the Program can 

11 be integrated with existing systems; 

12 (G) performance measures are developed 

13 and applied that can evaluate whether the Pro14 gram is providing desired results and increasing 

15 response effectiveness in monitoring and detect16 ing illegal intrusions along the international 

17 borders of the United States; 

18 (H) plans are developed under the Pro19 gram to streamline site selection, site valida20 tion, and environmental assessment processes to 

21 minimize delays of installing surveillance tech22 nology infrastructure; 

23 (I) standards are developed under the Pro24 gram to expand the shared use of existing pri25 vate and governmental structures to install reVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 mote surveillance technology infrastructure 

2 where possible; and 

3 (J) standards are developed under the Pro4 gram to identify and deploy the use of non5 permanent or mobile surveillance platforms that 

6 will increase the Secretary’s mobility and ability 

7 to identify illegal border intrusions. 

8 (3) REPORT TO CONGRESS.—Not later than 1 

9 year after the initial implementation of the Inte10 grated and Automated Surveillance Program, the 

11 Secretary shall submit to Congress a report regard12 ing the Program. The Secretary shall include in the 

13 report a description of the Program together with 

14 any recommendation that the Secretary finds appro15 priate for enhancing the program. 

16 (4) EVALUATION OF CONTRACTORS.— 

17 (A) REQUIREMENT FOR STANDARDS.—The 

18 Secretary shall develop appropriate standards 

19 to evaluate the performance of any contractor 

20 providing goods or services to carry out the In21 tegrated and Automated Surveillance Program. 

22 (B) REVIEW BY THE INSPECTOR GEN23 ERAL.—The Inspector General of the Depart24 ment shall timely review each new contract re25 lated to the Program that has a value of more 


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1 than $5,000,000, to determine whether such 

2 contract fully complies with applicable cost re3 quirements, performance objectives, program 

4 milestones, and schedules. The Inspector Gen5 eral shall report the findings of such review to 

6 the Secretary in a timely manner. Not later 

7 than 30 days after the date the Secretary re8 ceives a report of findings from the Inspector 

9 General, the Secretary shall submit to the Com10 mittee on Homeland Security and Govern11 mental Affairs of the Senate and the Committee 

12 on Homeland Security of the House of Rep13 resentatives a report of such findings and a de14 scription of any the steps that the Secretary 

15 has taken or plans to take in response to such 

16 findings. 

17 (5) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out this subsection. 

20 SEC. 755. COMPREHENSIVE IMMIGRATION EFFICIENCY RE21 VIEW. 

22 (a) REVIEW.—The Secretary, in consultation with the 

23 Secretary of State, shall conduct a comprehensive review 

24 of the immigration procedures in existence as of the date 

25 of the enactment of this Act. 


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1 (b) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act, the Secretary shall submit 

3 to Congress a report, in classified form, if necessary, 

4 that— 

5 (1) identifies inefficient immigration proce6 dures; and 

7 (2) outlines a plan to improve the efficiency and 

8 responsiveness of the immigration process. 

9 SEC. 756. NORTHERN BORDER PROSECUTION INITIATIVE. 

10 (a) INITIATIVE REQUIRED.— 

11 (1) IN GENERAL.—From amounts made avail12 able to carry out this section, the Attorney General, 

13 acting through the Director of the Bureau of Justice 

14 Assistance of the Office of Justice Programs, shall 

15 establish and carry out a program, to be known as 

16 the Northern Border Prosecution Initiative, to pro17 vide funds to reimburse eligible northern border en18 tities for costs incurred by those entities for han19 dling case dispositions of criminal cases that are fed20 erally initiated but federally declined-referred. 

21 (2) RELATION WITH SOUTHWESTERN BORDER

22 PROSECUTION INITIATIVE.—The program estab23 lished in paragraph (1) shall— 

24 (A) be modeled after the Southwestern 

25 Border Prosecution Initiative; and 


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1 (B) serve as a partner program to that ini2 tiative to reimburse local jurisdictions for proc3 essing Federal cases. 

4 (b) PROVISION AND ALLOCATION OF FUNDS.— 

5 Funds provided under the program established in sub6 section (a) shall be— 

7 (1) provided in the form of direct reimburse8 ments; and 

9 (2) allocated in a manner consistent with the 

10 manner under which funds are allocated under the 

11 Southwestern Border Prosecution Initiative. 

12 (c) USE OF FUNDS.—Funds provided to an eligible 

13 northern border entity under this section may be used by 

14 the entity for any lawful purpose, including: 

15 (1) Prosecution and related costs. 

16 (2) Court costs. 

17 (3) Costs of courtroom technology. 

18 (4) Costs of constructing holding spaces. 

19 (5) Costs of administrative staff. 

20 (6) Costs of defense counsel for indigent de21 fendants. 

22 (7) Detention costs, including pre-trial and 

23 post-trial detention. 

24 (d) DEFINITIONS.—In this section: 


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1 (1) CASE DISPOSITION.—The term ‘‘case dis2 position’’— 

3 (A) for purposes of the Northern Border 

4 Prosecution Initiative, refers to the time be5 tween the arrest of a suspect and the resolution 

6 of the criminal charges through a county or 

7 State judicial or prosecutorial process; and 

8 (B) does not include incarceration time for 

9 sentenced offenders, or time spent by prosecu10 tors on judicial appeals. 

11 (2) ELIGIBLE NORTHERN BORDER ENTITY.— 

12 The term ‘‘eligible northern border entity’’ means— 

13 (A) the States of Alaska, Idaho, Maine, 

14 Michigan, Minnesota, Montana, New Hamp15 shire, New York, North Dakota, Ohio, Pennsyl16 vania, Vermont, Washington, and Wisconsin; or 

17 (B) any unit of local government within a 

18 State referred to in subparagraph (A). 

19 (3) FEDERALLY DECLINED-REFERRED.—The 

20 term ‘‘federally declined-referred’’— 

21 (A) means, with respect to a criminal case, 

22 that a decision has been made in that case by 

23 a United States Attorney or a Federal law en24 forcement agency during a Federal investiga25 tion to no longer pursue Federal criminal 


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1 charges against a defendant and to refer such 

2 investigation to a State or local jurisdiction for 

3 possible prosecution; and 

4 (B) includes a decision made on an individ5 ualized case-by-case basis as well as a decision 

6 made pursuant to a general policy or practice 

7 or pursuant to prosecutorial discretion. 

8 (4) FEDERALLY INITIATED.—The term ‘‘feder9 ally initiated’’ means, with respect to a criminal 

10 case, that the case results from a criminal investiga11 tion or an arrest involving Federal law enforcement 

12 authorities for a potential violation of Federal crimi13 nal law, including investigations resulting from 

14 multi-jurisdictional task forces. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section 

17 $28,000,000 for fiscal year 2006 and such sums as may 

18 be necessary for fiscal years thereafter. 

19 SEC. 757. SOUTHWEST BORDER PROSECUTION INITIATIVE. 

20 (a) REIMBURSEMENT TO STATE AND LOCAL PROS21 ECUTORS FOR PROSECUTING FEDERALLY INITIATED

22 DRUG CASES.—The Attorney General shall, subject to the 

23 availability of appropriations, reimburse Southern Border 

24 State and county prosecutors for prosecuting federally ini25 tiated and referred drug cases. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated $50,000,000 for each 

3 of the fiscal years 2007 through 2012 to carry out sub4 section (a). 

5 SEC. 758. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI6 CANTS. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Initial Entry, Adjustment, and Citizenship Assistance 

9 Grant Act of 2006’’. 

10 (b) PURPOSE.—The purpose of this section is to es11 tablish a grant program within the Bureau of Citizenship 

12 and Immigration Services that provides funding to com13 munity-based organizations, including community-based 

14 legal service organizations, as appropriate, to develop and 

15 implement programs to assist eligible applicants for the 

16 conditional nonimmigrant worker program established 

17 under this Act by providing them with the services de18 scribed in subsection (d)(2). 

19 (c) DEFINITIONS.—In this section: 

20 (1) COMMUNITY-BASED ORGANIZATION.—The 

21 term ‘‘community-based organization’’ means a non22 profit, tax-exempt organization, including a faith23 based organization, whose staff has experience and 

24 expertise in meeting the legal, social, educational, 

25 cultural educational, or cultural needs of immiVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00596 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 grants, refugees, persons granted asylum, or persons 

2 applying for such statuses. 

3 (2) IEACA GRANT.—The term ‘‘IEACA grant’’ 

4 means an Initial Entry, Adjustment, and Citizenship 

5 Assistance Grant authorized under subsection (d). 

6 (d) ESTABLISHMENT OF INITIAL ENTRY, ADJUST7 MENT, AND CITIZENSHIP ASSISTANCE GRANT PRO8 GRAM.— 

9 (1) GRANTS AUTHORIZED.—The Secretary, 

10 working through the Director of the Bureau of Citi11 zenship and Immigration Services, may award 

12 IEACA grants to community-based organizations. 

13 (2) USE OF FUNDS.—Grants awarded under 

14 this section may be used for the design and imple15 mentation of programs to provide the following serv16 ices: 

17 (A) INITIAL APPLICATION.—Assistance 

18 and instruction, including legal assistance, to 

19 aliens making initial application for treatment 

20 under the program established by section 218D 

21 of the Immigration and Nationality Act, as 

22 added by section 601. Such assistance may in23 clude assisting applicants in— 


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1 (i) screening to assess prospective ap2 plicants’ potential eligibility or lack of eli3 gibility; 

4 (ii) filling out applications; 

5 (iii) gathering proof of identification, 

6 employment, residence, and tax payment; 

7 (iv) gathering proof of relationships of 

8 eligible family members; 

9 (v) applying for any waivers for which 

10 applicants and qualifying family members 

11 may be eligible; and 

12 (vi) any other assistance that the Sec13 retary or grantee considers useful to aliens 

14 who are interested in filing applications for 

15 treatment under such section 218D. 

16 (B) ADJUSTMENT OF STATUS.—Assistance 

17 and instruction, including legal assistance, to 

18 aliens seeking to adjust their status in accord19 ance with section 245 or 245B of the Immigra20 tion and Nationality Act. 

21 (C) CITIZENSHIP.—Assistance and instruc22 tion to applicants on— 

23 (i) the rights and responsibilities of 

24 United States Citizenship; 

25 (ii) English as a second language; 


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1 (iii) civics; or 

2 (iv) applying for United States citi3 zenship. 

4 (3) DURATION AND RENEWAL.— 

5 (A) DURATION.—Each grant awarded 

6 under this section shall be awarded for a period 

7 of not more than 3 years. 

8 (B) RENEWAL.—The Secretary may renew 

9 any grant awarded under this section in 1-year 

10 increments. 

11 (4) APPLICATION FOR GRANTS.—Each entity 

12 desiring an IEACA grant under this section shall 

13 submit an application to the Secretary at such time, 

14 in such manner, and accompanied by such informa15 tion as the Secretary may require. 

16 (5) ELIGIBLE ORGANIZATIONS.—A community17 based organization applying for a grant under this 

18 section to provide services described in subparagraph 

19 (A), (B), or (C)(iv) of paragraph (2) may not receive 

20 such a grant unless the organization is— 

21 (A) recognized by the Board of Immigra22 tion Appeals under section 292.2 of title 8, 

23 Code of Federal Regulations; or 

24 (B) otherwise directed by an attorney. 


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1 (6) SELECTION OF GRANTEES.—Grants award2 ed under this section shall be awarded on a competi3 tive basis. 

4 (7) GEOGRAPHIC DISTRIBUTION OF GRANTS.— 

5 The Secretary shall approve applications under this 

6 section in a manner that ensures, to greatest extent 

7 practicable, that— 

8 (A) not less than 50 percent of the funding 

9 for grants under this section are awarded to 

10 programs located in the 10 States with the 

11 highest percentage of foreign-born residents; 

12 and 

13 (B) not less than 20 percent of the funding 

14 for grants under this section are awarded to 

15 programs located in States that are not de16 scribed in subparagraph (A). 

17 (8) ETHNIC DIVERSITY.—The Secretary shall 

18 ensure that community-based organizations receiving 

19 grants under this section provide services to an eth20 nically diverse population, to the greatest extent pos21 sible. 

22 (e) LIAISON BETWEEN USCIS AND GRANTEES.— 

23 The Secretary shall establish a liaison between the Bureau 

24 of Citizenship and Immigration Services and the commu25 nity of providers of services under this section to assure 


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1 quality control, efficiency, and greater client willingness 

2 to come forward. 

3 (f) REPORTS TO CONGRESS.—Not later than 180 

4 days after the date of the enactment of this Act, and each 

5 subsequent July 1, the Secretary shall submit a report to 

6 Congress that includes information regarding— 

7 (1) the status of the implementation of this sec8 tion; 

9 (2) the grants issued pursuant to this section; 

10 and 

11 (3) the results of those grants. 

12 (g) SOURCE OF GRANT FUNDS.— 

13 (1) APPLICATION FEES.—The Secretary may 

14 use funds made available under sections 218A(l)(2) 

15 and 218D(f)(4)(B) of the Immigration and Nation16 ality Act, as added by this Act, to carry out this sec17 tion. 

18 (2) AUTHORIZATION OF APPROPRIATIONS.— 

19 (A) AMOUNTS AUTHORIZED.—In addition 

20 to the amounts made available under paragraph 

21 (1), there are authorized to be appropriated 

22 such additional sums as may be necessary for 

23 each of the fiscal years 2007 through 2011 to 

24 carry out this section. 


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1 (B) AVAILABILITY.—Any amounts appro2 priated pursuant to subparagraph (A) shall re3 main available until expended. 

4 (h) DISTRIBUTION OF FEES AND FINES.— 

5 (1) H–2C VISA FEES.—Notwithstanding section 

6 218A(l) of the Immigration and Nationality Act, as 

7 added by section 403, 2 percent of the fees collected 

8 under section 218A of such Act shall be made avail9 able for grants under the Initial Entry, Adjustment, 

10 and Citizenship Assistance Grant Program estab11 lished under this section. 

12 (2) CONDITIONAL NONIMMIGRANT VISA FEES

13 AND FINES.—Notwithstanding section 218D(f)(4) of 

14 the Immigration and Nationality Act, as added by 

15 section 601, 2 percent of the fees and fines collected 

16 under section 218D of such Act shall be made avail17 able for grants under the Initial Entry, Adjustment, 

18 and Citizenship Assistance Grant Program estab19 lished under this section. 

20 SEC. 759. SCREENING OF MUNICIPAL SOLID WASTE. 

21 (a) DEFINITIONS.—In this section: 

22 (1) BUREAU.—The term ‘‘ Bureau’’ means the 

23 Bureau of Customs and Border Protection. 

24 (2) COMMERCIAL MOTOR VEHICLE.—The term 

25 ‘‘commercial motor vehicle’’ has the meaning given 


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1 the term in section 31101 of title 49, United States 

2 Code. 

3 (3) COMMISSIONER.—The term ‘‘Commis4 sioner’’ means the Commissioner of the Bureau. 

5 (4) MUNICIPAL SOLID WASTE.—The term ‘‘mu6 nicipal solid waste’’ includes sludge (as defined in 

7 section 1004 of the Solid Waste Disposal Act (42 

8 U.S.C. 6903)). 

9 (b) REPORTS TO CONGRESS.—Not later than 90 days 

10 after the date of enactment of this Act, the Commissioner 

11 shall submit to Congress a report that— 

12 (1) indicates whether the methodologies and 

13 technologies used by the Bureau to screen for and 

14 detect the presence of chemical, nuclear, biological, 

15 and radiological weapons in municipal solid waste 

16 are as effective as the methodologies and tech17 nologies used by the Bureau to screen for those ma18 terials in other items of commerce entering the 

19 United States through commercial motor vehicle 

20 transport; and 

21 (2) if the report indicates that the methodolo22 gies and technologies used to screen municipal solid 

23 waste are less effective than those used to screen 

24 other items of commerce, identifies the actions that 

25 the Bureau will take to achieve the same level of efVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 fectiveness in the screening of municipal solid waste, 

2 including actions necessary to meet the need for ad3 ditional screening technologies. 

4 (c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If 

5 the Commissioner fails to fully implement an action identi6 fied under subsection (b)(2) before the earlier of the date 

7 that is 180 days after the date on which the report under 

8 subsection (b) is required to be submitted or the date that 

9 is 180 days after the date on which the report is sub10 mitted, the Secretary shall deny entry into the United 

11 States of any commercial motor vehicle carrying municipal 

12 solid waste until the Secretary certifies to Congress that 

13 the methodologies and technologies used by the Bureau 

14 to screen for and detect the presence of chemical, nuclear, 

15 biological, and radiological weapons in municipal solid 

16 waste are as effective as the methodologies and tech17 nologies used by the Bureau to screen for those materials 

18 in other items of commerce entering into the United 

19 States through commercial motor vehicle transport. 

20 SEC. 760. ACCESS TO IMMIGRATION SERVICES IN AREAS 

21 THAT ARE NOT ACCESSIBLE BY ROAD. 

22 Notwithstanding any other provision of law, the Sec23 retary shall permit an employee of Customs and Border 

24 Protection or Immigration and Customs Enforcement who 

25 carries out the functions of Customs and Border ProtecVerDate Aug 31 2005 01:53 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00604 Fmt 6652 Sfmt 6201 E:\BILLS\S2611.PCS S2611

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1 tion or Immigration and Customs Enforcement in a geo2 graphic area that is not accessible by road to carry out 

3 any function that was performed by an employee of the 

4 Immigration and Naturalization Service in such area prior 

5 to the date of the enactment of the Homeland Security 

6 Act of 2002 (6 U.S.C. 101 et seq.). 

7 SEC. 761. BORDER SECURITY ON CERTAIN FEDERAL LAND. 

8 (a) SUPPORT FOR BORDER SECURITY NEEDS.— 

9 (1) IN GENERAL.—To gain operational control 

10 over the international land borders of the United 

11 States and to prevent the entry of terrorists, unlaw12 ful aliens, narcotics, and other contraband into the 

13 United States, the Secretary, in cooperation with the 

14 Secretary of the Interior, shall provide— 

15 (A) increased Customs and Border Protec16 tion personnel to secure Federal land and units 

17 of the National Park System along the inter18 national land borders of the United States; 

19 (B) Federal land resource training for 

20 Customs and Border Protection agents dedi21 cated to Federal land; and 

22 (C) Unmanned Aerial Vehicles, aerial as23 sets, Remote Video Surveillance camera sys24 tems, and sensors on land under the jurisdic25 tion of the Department of the Interior that is 


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1 directly adjacent to the international land bor2 der of the United States, with priority given to 

3 units of the National Park System. 

4 (2) COORDINATION.—In providing training for 

5 Customs and Border Protection agents under para6 graph (1)(B), the Secretary shall coordinate with the 

7 Secretary of the Interior to ensure that the training 

8 is appropriate to the mission of the National Park 

9 Service or the relevant agency of the Department of 

10 the Interior to minimize the adverse impact on nat11 ural and cultural resources from border protection 

12 activities. 

13 (b) INVENTORY OF COSTS AND ACTIVITIES.—The 

14 Secretary of the Interior shall develop and submit to the 

15 Secretary an inventory of costs incurred by the National 

16 Park Service relating to illegal border activity, including 

17 the cost of equipment, training, recurring maintenance, 

18 construction of facilities, restoration of natural and cul19 tural resources, recapitalization of facilities, and oper20 ations. 

21 (c) RECOMMENDATIONS.—The Secretary shall— 

22 (1) develop joint recommendations with the Na23 tional Park Service for an appropriate cost recovery 

24 mechanism relating to items identified in subsection 

25 (b); and 


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1 (2) not later than March 31, 2007, submit to 

2 the appropriate congressional committees (as defined 

3 in section 2 of the Homeland Security Act of 2002 

4 (6 U.S. C. 101)), including the Subcommittee on 

5 National Parks of the Senate and the Subcommittee 

6 on National Parks, Recreation and Public Lands of 

7 the House of Representatives, the recommendations 

8 developed under paragraph (1). 

9 (d) BORDER PROTECTION STRATEGY.—The Sec10 retary and the Secretary of the Interior shall jointly de11 velop a border protection strategy that supports the border 

12 security needs of the United States in the manner that 

13 best protects— 

14 (1) units of the National Park System; 

15 (2) land under the jurisdiction of the United 

16 States Fish and Wildlife Service; and 

17 (3) other relevant land under the jurisdiction of 

18 the Department of the Interior. 

19 SEC. 762. UNMANNED AERIAL VEHICLES. 

20 (a) UNMANNED AERIAL VEHICLES AND ASSOCIATED

21 INFRASTRUCTURE.—The Secretary shall acquire and 

22 maintain MQ–9 unmanned aerial vehicles for use on the 

23 border, including related equipment such as— 

24 (1) additional sensors; 

25 (2) critical spares; 


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1 (3) satellite command and control; and 

2 (4) other necessary equipment for operational 

3 support. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There are authorized to be 

6 appropriated to the Secretary to carry out sub7 section (a)— 

8 (A) $178,400,000 for fiscal year 2007; and 

9 (B) $276,000,000 for fiscal year 2008. 

10 (2) AVAILABILITY OF FUNDS.—Amounts appro11 priated pursuant to paragraph (1) shall remain 

12 available until expended. 

13 SEC. 763. RELIEF FOR WIDOWS AND ORPHANS. 

14 (a) IN GENERAL.— 

15 (1) IN GENERAL.—In applying clause (iii) of 

16 section 201(b)(2)(A) of the Immigration and Na17 tionality Act, as added by section 504(a), to an alien 

18 whose citizen relative died before the date of the en19 actment of this Act, the alien relative may (notwith20 standing the deadlines specified in such clause) file 

21 the classification petition under section 

22 204(a)(1)(A)(ii) of such Act not later than 2 years 

23 after the date of the enactment of this Act. 

24 (2) ELIGIBILITY FOR PAROLE.—If an alien was 

25 excluded, deported, removed or departed voluntarily 


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1 before the date of the enactment of this Act based 

2 solely upon the alien’s lack of classification as an 

3 immediate relative (as defined by 201(b)(2)(A)(ii) of 

4 the Immigration and Nationality Act) due to the 

5 citizen’s death— 

6 (A) such alien shall be eligible for parole 

7 into the United States pursuant to the Attorney 

8 General’s discretionary authority under section 

9 212(d)(5) of such Act; and 

10 (B) such alien’s application for adjustment 

11 of status shall be considered notwithstanding 

12 section 212(a)(9) of such Act. 

13 (b) ADJUSTMENT OF STATUS.—Section 245 (8 

14 U.S.C. 1255), as amended by section 408(h) of this Act, 

15 is further amended by adding at the end the following: 

16 ‘‘(o) APPLICATION FOR ADJUSTMENT OF STATUS BY

17 SURVIVING SPOUSES, PARENTS, AND CHILDREN.— 

18 ‘‘(1) IN GENERAL.—Any alien described in 

19 paragraph (2) who applies for adjustment of status 

20 before the death of the qualifying relative, may have 

21 such application adjudicated as if such death had 

22 not occurred. 

23 ‘‘(2) ALIEN DESCRIBED.—An alien is described 

24 in this paragraph is an alien who— 


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1 ‘‘(A) is an immediate relative (as described 

2 in section 201(b)(2)(A)); 

3 ‘‘(B) is a family-sponsored immigrant (as 

4 described in subsection (a) or (d) of section 

5 203); 

6 ‘‘(C) is a derivative beneficiary of an em7 ployment-based immigrant under section 203(b) 

8 (as described in section 203(d)); or 

9 ‘‘(D) is a derivative beneficiary of a diver10 sity immigrant (as described in section 

11 203(c)).’’. 

12 (c) TRANSITION PERIOD.— 

13 (1) IN GENERAL.—Notwithstanding a denial of 

14 an application for adjustment of status for an alien 

15 whose qualifying relative died before the date of the 

16 enactment of this Act, such application may be re17 newed by the alien through a motion to reopen, 

18 without fee, if such motion is filed not later than 2 

19 years after such date of enactment. 

20 (2) ELIGIBILITY FOR PAROLE.—If an alien was 

21 excluded, deported, removed or departed voluntarily 

22 before the date of the enactment of this Act— 

23 (A) such alien shall be eligible for parole 

24 into the United States pursuant to the Attorney 

25 General’s discretionary authority under section 


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1 212(d)(5) of the Immigration and Nationality 

2 Act; and 

3 (B) such alien’s application for adjustment 

4 of status shall be considered notwithstanding 

5 section 212(a)(9) of such Act. 

6 (d) PROCESSING OF IMMIGRANT VISAS.—Section 

7 204(b) (8 U.S.C. 1154), as amended by section 204(b) 

8 of this Act, is further amended— 

9 (1) by striking ‘‘After an investigation’’ and in10 serting the following: 

11 ‘‘(1) IN GENERAL.—After an investigation’’; 

12 and 

13 (2) by adding at the end the following: 

14 ‘‘(2) DEATH OF QUALIFYING RELATIVE.— 

15 ‘‘(A) IN GENERAL.—Any alien described in 

16 paragraph (2) whose qualifying relative died be17 fore the completion of immigrant visa proc18 essing may have an immigrant visa application 

19 adjudicated as if such death had not occurred. 

20 An immigrant visa issued before the death of 

21 the qualifying relative shall remain valid after 

22 such death. 

23 ‘‘(B) ALIEN DESCRIBED.—An alien is de24 scribed in this paragraph is an alien who— 


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1 ‘‘(i) is an immediate relative (as de2 scribed in section 201(b)(2)(A)); 

3 ‘‘(ii) is a family-sponsored immigrant 

4 (as described in subsection (a) or (d) of 

5 section 203); 

6 ‘‘(iii) is a derivative beneficiary of an 

7 employment-based immigrant under section 

8 203(b) (as described in section 203(d)); or 

9 ‘‘(iv) is a derivative beneficiary of a 

10 diversity immigrant (as described in sec11 tion 203(c)).’’. 

12 (e) NATURALIZATION.—Section 319(a) (8 U.S.C. 

13 1429(a)) is amended by inserting ‘‘(or, if the spouse is 

14 deceased, the spouse was a citizen of the United States)’’ 

15 after ‘‘citizen of the United States’’. 

16 SEC. 764. TERRORIST ACTIVITIES. 

17 Section 212(a)(3)(B)(i) (8 U.S.C. 1182(a)(3)(B)(i)) 

18 is amended— 

19 (1) in subclause (III), by striking ‘‘, under cir20 cumstances indicating an intention to cause death or 

21 serious bodily harm, incited’’ and inserting ‘‘incited 

22 or advocated’’; and 

23 (2) in subclause (VII), by striking ‘‘or espouses 

24 terrorist activity or persuades others to endorse or 

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1 rorist activity or persuades others to endorse, 

2 espouse, or advocate’’. 

3 SEC. 765. FAMILY UNITY. 

4 Section 212(a)(9) (8 U.S.C. 1182(a)(9)), as amended 

5 by section 212(a) of this Act, is further amended— 

6 (1) in subparagraph (C)(ii), by striking ‘‘be7 tween—’’ and all that follows and inserting the fol8 lowing: ‘‘between— 

9 ‘‘(I) the alien having been bat10 tered or subjected to extreme cruelty; 

11 and 

12 ‘‘(II) the alien’s removal, depar13 ture from the United States, reentry 

14 or reentries into the United States, or 

15 attempted reentry into the United 

16 States.’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(D) WAIVER.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 may waive the application of subpara21 graphs (B) and (C) for an alien who is a 

22 beneficiary of a petition filed under section 

23 201 or 203 if such petition was filed not 

24 later than the date of the enactment of the 


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1 Comprehensive Immigration Reform Act of 

2 2006. 

3 ‘‘(ii) FINE.—An alien who is granted 

4 a waiver under clause (i) shall pay a 

5 $2,000 fine.’’. 


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hmoore on PROD1PC68 with HMBILLS
Calendar No. 414 

109TH CONGRESS 

2D SESSION S. 2611 

A BILL 

To provide for comprehensive immigration reform 

and for other purposes. 

APRIL 24, 2006 

Read the second time and placed on the calendar 


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