II 

Calendar No. 208 

110TH CONGRESS 

1ST SESSION S. 1639 

To provide for comprehensive immigration reform and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2007 

Mr. KENNEDY (for himself and Mr. SPECTER) introduced the following bill; 

which was read the first time 

JUNE 19, 2007 

Read the second time and placed on the calendar 

A BILL 

To provide for comprehensive immigration reform and for 

other purposes. 

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

3 SECTION 1. EFFECTIVE DATE TRIGGERS. 

4 (a) IN GENERAL.—With the exception of the proba5 tionary benefits conferred by section 601(h) of this Act, 

6 the provisions of subtitle C of title IV, and the admission 

7 of aliens under section 101(a)(15)(H)(ii) of the Immigra8 tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)), 


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1 as amended by title IV, the programs established by title 

2 IV, and the programs established by title VI that grant 

3 legal status to any individual or that adjust the current 

4 status of any individual who is unlawfully present in the 

5 United States to that of an alien lawfully admitted for 

6 permanent residence, shall become effective on the date 

7 that the Secretary submits a written certification to the 

8 President and the Congress, based on analysis by and in 

9 consultation with the Comptroller General, that each of 

10 the following border security and other measures are es11 tablished, funded, and operational: 

12 (1) OPERATIONAL CONTROL OF THE INTER13 NATIONAL BORDER WITH MEXICO.—The Secretary 

14 of Homeland Security has established and dem15 onstrated operational control of 100 percent of the 

16 international land border between the United States 

17 and Mexico, including the ability to monitor such 

18 border through available methods and technology. 

19 (2) STAFF ENHANCEMENTS FOR BORDER PA20 TROL.—The United States Customs and Border 

21 Protection Border Patrol has hired, trained, and re22 porting for duty 20,000 full-time agents as of the 

23 date of the certification under this subsection. 

24 (3) STRONG BORDER BARRIERS.—There has 

25 been— 


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1 (A) installed along the international land 

2 border between the United States and Mexico 

3 as of the date of the certification under this 

4 subsection, at least— 

5 (i) 300 miles of vehicle barriers; 

6 (ii) 370 miles of fencing; and 

7 (iii) 105 ground-based radar and cam8 era towers; and 

9 (B) deployed for use along the inter10 national land border between the United States 

11 and Mexico, as of the date of the certification 

12 under this subsection, 4 unmanned aerial vehi13 cles, and the supporting systems for such vehi14 cles. 

15 (4) CATCH AND RETURN.—The Secretary of 

16 Homeland Security is detaining all removable aliens 

17 apprehended crossing the international land border 

18 between the United States and Mexico in violation of 

19 Federal or State law, except as specifically man20 dated by Federal or State law or humanitarian cir21 cumstances, and United States Immigration and 

22 Customs Enforcement has the resources to maintain 

23 this practice, including the resources necessary to 

24 detain up to 31,500 aliens per day on an annual 

25 basis. 


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1 (5) WORKPLACE ENFORCEMENT TOOLS.—In 

2 compliance with the requirements of title III of this 

3 Act, the Secretary of Homeland Security has estab4 lished, and is using, secure and effective identifica5 tion tools to prevent unauthorized workers from ob6 taining employment in the United States. Such iden7 tification tools shall include establishing— 

8 (A) strict standards for identification docu9 ments that are required to be presented by the 

10 alien to an employer in the hiring process, in11 cluding the use of secure documentation that— 

12 (i) contains— 

13 (I) a photograph of the alien; and 

14 (II) biometric data identifying 

15 the alien; or 

16 (ii) complies with the requirements for 

17 such documentation under the REAL ID 

18 Act (Public Law 109–13; 119 Stat. 231); 

19 and 

20 (B) an electronic employment eligibility 

21 verification system that is capable of querying 

22 Federal and State databases in order to restrict 

23 fraud, identity theft, and use of false social se24 curity numbers in the hiring of aliens by an em25 ployer by electronically providing a digitized 


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1 version of the photograph on the alien’s original 

2 Federal or State issued document or documents 

3 for verification of that alien’s identity and work 

4 eligibility. 

5 (6) PROCESSING APPLICATIONS OF ALIENS.— 

6 The Secretary of Homeland Security has received, 

7 and is processing and adjudicating in a timely man8 ner, applications for Z nonimmigrant status under 

9 title VI of this Act, including conducting all nec10 essary background and security checks required 

11 under that title. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that the border security and other measures de14 scribed in subsection (a) shall be completed as soon as 

15 practicable, subject to the necessary appropriations. 

16 (c) PRESIDENTIAL PROGRESS REPORT.— 

17 (1) IN GENERAL.—Not later than 90 days after 

18 the date of enactment of this Act, and every 90 days 

19 thereafter until the requirements under subsection 

20 (a) are met, the President shall submit a report to 

21 Congress detailing the progress made in funding, 

22 meeting, or otherwise satisfying each of the require23 ments described under paragraphs (1) through (6) 

24 of subsection (a), including detailing any contractual 

25 agreements reached to carry out such measures. 


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1 (2) PROGRESS NOT SUFFICIENT.—If the Presi2 dent determines that sufficient progress is not being 

3 made, the President shall include in the report re4 quired under paragraph (1) specific funding rec5 ommendations, authorization needed, or other ac6 tions that are or should be undertaken by the Sec7 retary of Homeland Security. 

8 (d) GAO REPORT.—Not later than 30 days after the 

9 certification is submitted under subsection (a), the Comp10 troller General shall submit a report to Congress on the 

11 accuracy of such certification. 

12 SEC. 2. IMMIGRATION SECURITY ACCOUNT. 

13 Section 286 of the Immigration and Nationality Act, 

14 as amended by section 623, is further amended by adding 

15 at the end the following: 

16 ‘‘(z) IMMIGRATION SECURITY ACCOUNT.— 

17 (1) IN GENERAL.—There is established in the 

18 general fund of the Treasury a separate account, 

19 which shall be known as the ‘‘Immigration Security 

20 Account’’. 

21 (2) SOURCE OF FUNDS.—Immediately upon en22 actment, $4,400,000,000 shall be transferred from 

23 the general fund of the Treasury to the Immigration 

24 Security Account. 

25 (3) APPROPRIATIONS.— 


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1 (A) There are hereby appropriated such 

2 sums that are provided under subsection 2 to 

3 remain available until five years after enact4 ment. 

5 (B) These sums shall be available for the 

6 Secretary of Homeland Security to meet the 

7 trigger requirements set forth in title I, section 

8 1, of this Act. 

9 (C) To the extent funds are not exhausted 

10 pursuant to (b), they shall be available to the 

11 Secretary of Homeland Security for one or 

12 more of the following activities: 

13 (i) Fencing and Infrastructure; 

14 (ii) Towers; 

15 (iii) Detention beds; 

16 (iv) Employment Eligibility 

17 Verification System, including funds for 

18 expenditures under section 306 of this Act, 

19 relating to the State Records Improvement 

20 Grant Program; 

21 (v) Implementation of programs au22 thorized in titles IV and VI; and 

23 (vi) Other Federal border and interior 

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1 tegrity of programs authorized in titles IV 

2 and VI. 

3 (4) TRANSFERS.—The Secretary of Homeland 

4 Security shall have the authority to transfer 

5 amounts out of the Immigration Security Account as 

6 appropriate to carry out subsections (3)(b) and (3)( 

7 c) of this section. 

8 (5) REPORTING.—The Secretary of Homeland 

9 Security shall submit to the Committees on the Ju10 diciary and Appropriations of the Senate a plan for 

11 expenditure of the funds under subsection 2 within 

12 60 days of enactment of this Act, and update the 

13 plan annually, that— 

14 (A) identifies one-time and on-going costs; 

15 (B) identifies the level of funding for each 

16 program, project, and activity, and if that fund17 ing will supplement an appropriated program, 

18 project, or activity; 

19 (C) identifies the amount of funding to be 

20 obligated in each fiscal year, by program, 

21 project, and activity; 

22 (D) includes milestones for completion of 

23 each identified program, project, or activity; 

24 and 


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1 (E) demonstrates how activities will fur2 ther the goals and objectives of this Act. 

3 (6) NOTIFICATIONS.—The Secretary of Home4 land Security shall notify the Committees on Judici5 ary and Appropriations of the Senate 15 days prior 

6 to reprogramming funds from the original allocation 

7 or transferring funds out of the Immigration Secu8 rity Account. 

9 TITLE I—BORDER 

10 ENFORCEMENT 

11 Subtitle A—Assets for Controlling 

12 United States Borders 

13 SEC. 101. ENFORCEMENT PERSONNEL. 

14 (a) ADDITIONAL PERSONNEL.— 

15 (1) U.S. CUSTOMS AND BORDER PROTECTION

16 OFFICERS.— In each of the fiscal years 2008 

17 through 2012, the Secretary shall, subject to the 

18 availability of appropriations, increase by not less 

19 than 500 the number of positions for full-time active 

20 duty CBP officers and provide appropriate training, 

21 equipment, and support to such additional CBP offi22 cers. 

23 (2) INVESTIGATIVE PERSONNEL.— 

24 (A) IMMIGRATION AND CUSTOMS EN25 FORCEMENT INVESTIGATORS.—Section 5203 of 


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1 the Intelligence Reform and Terrorism Preven2 tion Act of 2004 (Public Law 108–458; 118 

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

4 inserting ‘‘1000’’. 

5 (B) ADDITIONAL PERSONNEL.—In addi6 tion to the positions authorized under section 

7 5203 of the Intelligence Reform and Terrorism 

8 Prevention Act of 2004, as amended by sub9 paragraph (A), during each of the fiscal years 

10 2008 through 2012, the Secretary shall, subject 

11 to the availability of appropriations, increase by 

12 not less than 200 the number of positions for 

13 personnel within the Department assigned to 

14 investigate alien smuggling. 

15 (3) DEPUTY UNITED STATES MARSHALS.—In 

16 each of the fiscal years 2008 through 2012, the At17 torney General shall, subject to the availability of 

18 appropriations, increase by not less than 50 the 

19 number of positions for full-time active duty Deputy 

20 United States Marshals that assist in matters re21 lated to immigration. 

22 (4) RECRUITMENT OF FORMER MILITARY PER23 SONNEL.— 

24 (A) IN GENERAL.—The Commissioner of 

25 United States Customs and Border Protection, 


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1 in conjunction with the Secretary of Defense or 

2 a designee of the Secretary of Defense, shall es3 tablish a program to actively recruit members 

4 of the Army, Navy, Air Force, Marine Corps, 

5 and Coast Guard who have elected to separate 

6 from active duty. 

7 (B) REPORT.—Not later than 180 days 

8 after the date of the enactment of this Act, the 

9 Commissioner shall submit a report on the im10 plementation of the recruitment program estab11 lished pursuant to subparagraph (A) to the 

12 Committee on the Judiciary of the Senate and 

13 the Committee on the Judiciary of the House of 

14 Representatives. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) U.S. CUSTOMS AND BORDER PROTECTION

17 OFFICERS.—There are authorized to be appropriated 

18 to the Secretary such sums as may be necessary for 

19 each of the fiscal years 2008 through 2012 to carry 

20 out paragraph (1) of subsection (a). 

21 (2) DEPUTY UNITED STATES MARSHALS.— 

22 There are authorized to be appropriated to the At23 torney General such sums as may be necessary for 

24 each of the fiscal years 2008 through 2012 to carry 

25 out subsection (a)(3). 


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

2 the Intelligence Reform and Terrorism Prevention 

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

4 follows: 

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

6 AGENTS. 

7 ‘‘(a) ANNUAL INCREASES.—The Secretary of Home8 land Security shall, subject to the availability of appropria9 tions for such purpose, increase the number of positions 

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

11 Department of Homeland Security (above the number of 

12 such positions for which funds were appropriated for the 

13 preceding fiscal year), by not less than— 

14 ‘‘(1) 2,000 in fiscal year 2007; 

15 ‘‘(2) 2,400 in fiscal year 2008; 

16 ‘‘(3) 2,400 in fiscal year 2009; 

17 ‘‘(4) 2,400 in fiscal year 2010; 

18 ‘‘(5) 2,400 in fiscal year 2011; and 

19 ‘‘(6) 2,400 in fiscal year 2012. 

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

21 years 2008 through 2012, in addition to the border patrol 

22 agents assigned along the northern border of the United 

23 States during the previous fiscal year, the Secretary shall 

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


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

2 during each such fiscal year. 

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

4 are authorized to be appropriated such sums as may be 

5 necessary for each of fiscal years 2008 through 2012 to 

6 carry out this section.’’. 

7 (c) SHADOW WOLVES APPREHENSION AND TRACK8 ING.— 

9 (1) PURPOSE.—The purpose of this subsection 

10 is to authorize the Secretary, acting through the As11 sistant Secretary of Immigration and Customs En12 forcement (referred to in this subsection as the 

13 ‘‘Secretary’’), to establish new units of Customs Pa14 trol Officers (commonly known as ‘‘Shadow 

15 Wolves’’) during the 5-year period beginning on the 

16 date of enactment of this Act. 

17 (2) ESTABLISHMENT OF NEW UNITS.— 

18 (A) IN GENERAL.—During the 5-year pe19 riod beginning on the date of enactment of this 

20 Act, the Secretary is authorized to establish 

21 within United States Immigration and Customs 

22 Enforcement up to 5 additional units of Cus23 toms Patrol Officers in accordance with this 

24 subsection, as appropriate. 


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1 (B) MEMBERSHIP.—Each new unit estab2 lished pursuant to subparagraph (A) shall con3 sist of up to 15 Customs Patrol Officers. 

4 (3) DUTIES.—The additional Immigration and 

5 Customs Enforcement units established pursuant to 

6 paragraph (2)(A) shall operate on Indian reserva7 tions (as defined in section 3 of the Indian Financ8 ing Act of 1974 (25 U.S.C. 1452)) located on or 

9 near (as determined by the Secretary) an inter10 national border with Canada or Mexico, and such 

11 other Federal land as the Secretary determines to be 

12 appropriate, by— 

13 (A) investigating and preventing the entry 

14 of terrorists, other unlawful aliens, instruments 

15 of terrorism, narcotics, and other contraband 

16 into the United States; and 

17 (B) carrying out such other duties as the 

18 Secretary determines to be necessary. 

19 (4) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to carry out 

21 this subsection such sums as are necessary for each 

22 of fiscal years 2008 through 2013. 

23 SEC. 102. TECHNOLOGICAL ASSETS. 

24 (a) ACQUISITION.—Subject to the availability of ap25 propriations for such purpose, the Secretary shall procure 


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1 additional unmanned aerial vehicles, cameras, poles, sen2 sors, and other technologies necessary to achieve oper3 ational control of the borders of the United States. 

4 (b) INCREASED AVAILABILITY OF EQUIPMENT.—The 

5 Secretary and the Secretary of Defense shall develop and 

6 implement a plan to use authorities provided to the Sec7 retary of Defense under chapter 18 of title 10, United 

8 States Code, to increase the availability and use of Depart9 ment of Defense equipment, including unmanned aerial 

10 vehicles, tethered aerostat radars, and other surveillance 

11 equipment, to assist the Secretary in carrying out surveil12 lance activities conducted at or near the international land 

13 borders of the United States to prevent illegal immigra14 tion. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Secretary such 

17 sums as may be necessary for each of the fiscal years 2008 

18 through 2012 to carry out subsection (a). 

19 SEC. 103. INFRASTRUCTURE. 

20 Section 102 of the Illegal Immigration Reform and 

21 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 

22 note) is amended— 

23 (1) in subsection (a), by striking ‘‘Attorney 

24 General, in consultation with the Commissioner of 


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1 Immigration and Naturalization,’’ and inserting 

2 ‘‘Secretary of Homeland Security’’; and 

3 (2) in subsection (b)— 

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

5 (3), and (4) as paragraphs (2), (3), (4), and 

6 (5), respectively; 

7 (B) by inserting before paragraph (2), as 

8 redesignated, the following: 

9 ‘‘(1) FENCING NEAR SAN DIEGO, CALI10 FORNIA.—In carrying out subsection (a), the Sec11 retary shall provide for the construction along the 

12 14 miles of the international land border of the 

13 United States, starting at the Pacific Ocean and ex14 tending eastward, of second and third fences, in ad15 dition to the existing reinforced fence, and for roads 

16 between the fences.’’. 

17 (C) in paragraph (2), as redesignated— 

18 (i) in the header, by striking ‘‘SECU19 RITY FEATURES’’ and inserting—‘‘ADDI20 TIONAL FENCING ALONG SOUTHWEST BOR21 DER’’; and 

22 (ii) by striking subparagraphs (A) 

23 through (C) and inserting the following: 

24 ‘‘(A) REINFORCED FENCING.—In carrying 

25 out subsection (a), the Secretary of Homeland 


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1 Security shall construct reinforced fencing 

2 along not less than 700 miles of the southwest 

3 border where fencing would be most practical 

4 and effective and provide for the installation of 

5 additional physical barriers, roads, lighting, 

6 cameras, and sensors to gain operational con7 trol of the southwest border. 

8 ‘‘(B) PRIORITY AREAS.—In carrying out 

9 this section, the Secretary of Homeland Secu10 rity shall— 

11 ‘‘(i) identify the 370 miles along the 

12 southwest border where fencing would be 

13 most practical and effective in deterring 

14 smugglers and aliens attempting to gain il15 legal entry into the United States; and 

16 ‘‘(ii) not later than December 31, 

17 2008, complete construction of reinforced 

18 fencing along the 370 miles identified 

19 under clause (i). 

20 ‘‘(C) CONSULTATION.— 

21 ‘‘(i) IN GENERAL.—In carrying out 

22 this section, the Secretary of Homeland 

23 Security shall consult with the Secretary of 

24 Interior, the Secretary of Agriculture, 

25 States, local governments, Indian tribes, 


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1 and property owners in the United States 

2 to minimize the impact on the environ3 ment, culture, commerce, and quality of 

4 life for the communities and residents lo5 cated near the sites at which such fencing 

6 is to be constructed. 

7 ‘‘(ii) SAVINGS PROVISION.—Nothing 

8 in this subparagraph may be construed 

9 to— 

10 ‘‘(I) create any right of action for 

11 a State, local government, or other 

12 person or entity affected by this sub13 section; or 

14 ‘‘(II) affect the eminent domain 

15 laws of the United States or of any 

16 State. 

17 ‘‘(D) LIMITATION ON REQUIREMENTS.— 

18 Notwithstanding subparagraph (A), nothing in 

19 this paragraph shall require the Secretary of 

20 Homeland Security to install fencing, physical 

21 barriers, roads, lighting, cameras, and sensors 

22 in a particular location along an international 

23 border of the United States, if the Secretary de24 termines that the use or placement of such re25 sources is not the most appropriate means to 


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1 achieve and maintain operational control over 

2 the international border at such location.’’; and 

3 (D) in paragraph (5), as redesignated, by 

4 striking ‘‘to carry out this subsection not to ex5 ceed $12,000,000’’ and inserting ‘‘such sums as 

6 may be necessary to carry out this subsection’’. 

7 SEC. 104. PORTS OF ENTRY. 

8 Section 102 of the Illegal Immigration Reform and 

9 Immigrant Responsibility Act of 1996, Division C of 

10 Public Law 104–208, is amended by the addition, at the 

11 end of that section, of the following new subsection: 

12 ‘‘(e) CONSTRUCTION AND IMPROVEMENTS.—The 

13 Secretary is authorized to— 

14 ‘‘(1) construct additional ports of entry along 

15 the international land borders of the United States, 

16 at locations to be determined by the Secretary; and 

17 ‘‘(2) make necessary improvements to the ports 

18 of entry.’’. 

19 Subtitle B—Other Border Security 

20 Initiatives 

21 SEC. 111. BIOMETRIC ENTRY-EXIT SYSTEM. 

22 (a) COLLECTION OF BIOMETRIC DATA FROM ALIENS

23 ENTERING AND DEPARTING THE UNITED STATES.—Sec24 tion 215 (8 U.S.C. 1185) is amended— 


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1 (1) by redesignating subsection (c) as sub2 section (g); 

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

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

5 (3) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) The Secretary is authorized to require aliens en8 tering and departing the United States to provide biomet9 ric data and other information relating to their immigra10 tion status.’’. 

11 (b) INSPECTION OF APPLICANTS FOR ADMISSION.— 

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

13 at the end the following: 

14 ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC

15 DATA.—In conducting inspections under subsections 

16 (a) and (b), immigration officers are authorized to 

17 collect biometric data from— 

18 ‘‘(A) any applicant for admission or any 

19 alien who is paroled under section 212(d)(5), 

20 seeking to or permitted to land temporarily as 

21 an alien crewman, or seeking to or permitted 

22 transit through the United States; or 

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

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1 garded as seeking admission pursuant to sec2 tion 101(a)(13)(C).’’. 

3 (c) COLLECTION OF BIOMETRIC DATA FROM ALIEN

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

5 adding at the end the following: 

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

7 biometric data from an alien crewman seeking permission 

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

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

10 U.S.C. 1182) is amended— 

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

12 the following: 

13 ‘‘(C) WITHHOLDERS OF BIOMETRIC

14 DATA.—Any alien who fails or has failed to 

15 comply with a lawful request for biometric data 

16 under section 215(c), 235(d), or 252(d) is inad17 missible.’’; and 

18 (2) in subsection (d), by inserting after para19 graph (1) the following: 

20 ‘‘(2) The Secretary may waive the application 

21 of subsection (a)(7)(C) for an individual alien or 

22 class of aliens.’’. 

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

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

25 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 2008 and 2009 to implement the 

20 automated biometric entry and exit data system at 

21 all land border ports of entry.’’. 

22 SEC. 112. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUS23 TOMS CONTROLS. 

24 (a) IN GENERAL.—Section 758 of Title 18, United 

25 States Code, is amended to read as follows: 


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1 § 758. Unlawful flight from immigration or customs 

2 controls 

3 ‘‘(a) EVADING A CHECKPOINT.—Any person who, 

4 while operating a motor vehicle or vessel, knowingly flees 

5 or evades a checkpoint operated by the Department of 

6 Homeland Security or any other Federal law enforcement 

7 agency, and then knowingly or recklessly disregards or dis8 obeys the lawful command of any law enforcement agent, 

9 shall be fined under this title, imprisoned not more than 

10 five years, or both. 

11 ‘‘(b) FAILURE TO STOP.—Any person who, while op12 erating a motor vehicle, aircraft, or vessel, knowingly or 

13 recklessly disregards or disobeys the lawful command of 

14 an officer of the Department of Homeland Security en15 gaged in the enforcement of the immigration, customs, or 

16 maritime laws, or the lawful command of any law enforce17 ment agent assisting such officer, shall be fined under this 

18 title, imprisoned not more than two years, or both. 

19 ‘‘(c) ALTERNATIVE PENALTIES.—Notwithstanding 

20 the penalties provided in subsection (a) or (b), any person 

21 who violates such subsection shall— 

22 ‘‘(1) be fined under this title, imprisoned not 

23 more than 10 years, or both, if the violation involved 

24 the operation of a motor vehicle, aircraft, or vessel— 

25 ‘‘(A) in excess of the applicable or posted 

26 speed limit, 


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1 ‘‘(B) in excess of the rated capacity of the 

2 motor vehicle, aircraft, or vessel, or 

3 ‘‘(C) in an otherwise dangerous or reckless 

4 manner; 

5 ‘‘(2) be fined under this title, imprisoned not 

6 more than 20 years, or both, if the violation created 

7 a substantial and foreseeable risk of serious bodily 

8 injury or death to any person; 

9 ‘‘(3) be fined under this title, imprisoned not 

10 more than 30 years, or both, if the violation caused 

11 serious bodily injury to any person; or 

12 ‘‘(4) be fined under this title, imprisoned for 

13 any term of years or life, or both, if the violation re14 sulted in the death of any person. 

15 ‘‘(d) ATTEMPT AND CONSPIRACY.—Any person 

16 who attempts or conspires to commit any offense 

17 under this section shall be punished in the same 

18 manner as a person who completes the offense. 

19 ‘‘(e) FORFEITURE.—Any property, real or personal, 

20 constituting or traceable to the gross proceeds of the of21 fense and any property, real or personal, used or intended 

22 to be used to commit or facilitate the commission of the 

23 offense shall be subject to forfeiture. 

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1 sions of chapter 46 of this title, relating to civil forfeitures, 

2 including section 981(d) of such title, except that such du3 ties as are imposed upon the Secretary of the Treasury 

4 under the customs laws described in that section shall be 

5 performed by such officers, agents, and other persons as 

6 may be designated for that purpose by the Secretary of 

7 Homeland Security or the Attorney General. Nothing in 

8 this section shall limit the authority of the Secretary to 

9 seize and forfeit motor vehicles, aircraft, or vessels under 

10 the Customs laws or any other laws of the United States. 

11 ‘‘(g) DEFINITIONS.—For purposes of this section— 

12 ‘‘(1) The term ‘checkpoint’ includes, but is not 

13 limited to, any customs or immigration inspection at 

14 a port of entry. 

15 ‘‘(2) The term ‘lawful command’ includes, but 

16 is not limited to, a command to stop, decrease speed, 

17 alter course, or land, whether communicated orally, 

18 visually, by means of lights or sirens, or by radio, 

19 telephone, or other wire communication. 

20 ‘‘(3) The term ‘law enforcement agent’ means 

21 any Federal, State, local or tribal official authorized 

22 to enforce criminal law, and, when conveying a com23 mand covered under subsection (b) of this section, 

24 an air traffic controller. 


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1 ‘‘(4) The term ‘motor vehicle’ means any mo2 torized or self-propelled means of terrestrial trans3 portation. 

4 ‘‘(5) The term ‘serious bodily injury’ has the 

5 meaning given in section 2119(2) of this title.’’. 

6 SEC. 113. RELEASE OF ALIENS FROM NONCONTIGUOUS 

7 COUNTRIES. 

8 Section 236(a)(2) (8 U.S.C. 1226(a)(2)) is amend9 ed— 

10 (1) by striking ‘‘on’’; 

11 (2) in subparagraph (A)— 

12 (A) by inserting ‘‘except as provided under 

13 subparagraph (B), upon the giving of a’’ before 

14 ‘‘bond’’; and 

15 (B) by striking ‘‘or’’ at the end; 

16 (3) by redesignating subparagraph (B) as sub17 paragraph (C); and 

18 (4) by inserting after subparagraph (A) the fol19 lowing: 

20 ‘‘(B) upon the giving of a bond of not less 

21 than $5,000 with security approved by, and 

22 containing conditions prescribed by, the Sec23 retary or the Attorney General, if the alien— 

24 ‘‘(i) is a national of a noncontiguous 

25 country; 


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1 ‘‘(ii) has not been admitted or paroled 

2 into the United States; and 

3 ‘‘(iii) was apprehended within 100 

4 miles of the international border of the 

5 United States or presents a flight risk, as 

6 determined by the Secretary of Homeland 

7 Security; or’’. 

8 SEC. 114. SEIZURE OF CONVEYANCE WITH CONCEALED 

9 COMPARTMENT: EXPANDING THE DEFINI10 TION OF CONVEYANCES WITH HIDDEN COM11 PARTMENTS SUBJECT TO FORFEITURE. 

12 (a) IN GENERAL.—Section 1703 of title 19, United 

13 States Code is amended: 

14 (1) by amending the title of such section to 

15 read as follows: 

16 ‘‘§ 1703. Seizure and forfeiture of vessels, vehicles, 

17 other conveyances and instruments of 

18 international traffic’’; 

19 (2) by amending the title of subsection (a) to 

20 read as follows: 

21 ‘‘(a) Vessels, vehicles, other conveyances and in22 struments of international traffic subject to seizure 

23 and forfeiture’’; 

24 (3) by amending the title of subsection (b) to 

25 read as follows: 


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1 ‘‘(b) Vessels, vehicles, other conveyances and instru2 ments of international traffic defined’’; 

3 (4) by inserting ‘‘, vehicle, other conveyance or 

4 instrument of international traffic’’ after the word 

5 ‘‘vessel’’ everywhere it appears in the text of sub6 sections (a) and (b); and 

7 (5) by amending subsection (c) to read as fol8 lows: 

9 ‘‘(c) Acts constituting prima facie evidence of vessel, 

10 vehicle, or other conveyance or instrument of international 

11 traffic engaged in smuggling ‘For the purposes of this sec12 tion, prima facie evidence that a conveyance is being, or 

13 has been, or is attempted to be employed in smuggling 

14 or to defraud the revenue of the United States shall be— 

15 ‘(1) in the case of a vessel, the fact that a ves16 sel has become subject to pursuit as provided in sec17 tion 1581 of this title, or is a hovering vessel, or 

18 that a vessel fails, at any place within the customs 

19 waters of the United States or within a customs-en20 forcement area, to display light as required by law. 

21 ‘(2) in the case of a vehicle, other conveyance 

22 or instrument of international traffic, the fact that 

23 a vehicle, other conveyance or instrument of inter24 national traffic has any compartment or equipment 

25 that is built or fitted out for smuggling.’.’’ 


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

2 for Chapter 5 in title 19, United States Code, is amended 

3 by striking the items relating to section 1703 and insert4 ing in lieu thereof the following: 

‘‘1703. Seizure and forfeiture of vessels, vehicles, other conveyances or instruments of international traffic. 

5 ‘‘(a) Vessels, vehicles, other conveyances or instru6 ments of international traffic subject to seizure and for7 feiture. 

8 ‘‘(b) Vessels, vehicles, other conveyances or instru9 ments of international traffic defined. 

10 ‘‘(c) Acts constituting prima facie evidence of vessel, 

11 vehicle, other conveyance or instrument of international 

12 traffic engaged in smuggling.’’. 

13 Subtitle C—Other Measures 

14 SEC. 121. DEATHS AT UNITED STATES-MEXICO BORDER. 

15 (a) COLLECTION OF STATISTICS.—The Commis16 sioner of the Bureau of Customs and Border Protection 

17 shall collect statistics relating to deaths occurring at the 

18 border between the United States and Mexico, including— 

19 (1) the causes of the deaths; and 

20 (2) the total number of deaths. 

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

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

23 Commissioner of the Bureau of Customs and Border Pro24 tection shall submit to the Secretary a report that— 


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1 (1) analyzes trends with respect to the statistics 

2 collected under subsection (a) during the preceding 

3 year; and 

4 (2) recommends actions to reduce the deaths 

5 described in subsection (a). 

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

7 (a) DEFINITIONS.—In this section: 

8 (1) PROTECTED LAND.—The term ‘‘protected 

9 land’’ means land under the jurisdiction of the Sec10 retary concerned. 

11 (2) SECRETARY CONCERNED.—The term ‘‘Sec12 retary concerned’’ means— 

13 (A) with respect to land under the jurisdic14 tion of the Secretary of Agriculture, the Sec15 retary of Agriculture; and 

16 (B) with respect to land under the jurisdic17 tion of the Secretary of the Interior, the Sec18 retary of the Interior. 

19 (b) SUPPORT FOR BORDER SECURITY NEEDS.— 

20 (1) IN GENERAL.—To gain operational control 

21 over the international land borders of the United 

22 States and to prevent the entry of terrorists, unlaw23 ful aliens, narcotics, and other contraband into the 

24 United States, the Secretary, in cooperation with the 

25 Secretary concerned, shall provide— 


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1 (A) increased U.S. Customs and Border 

2 Protection personnel to secure protected land 

3 along the international land borders of the 

4 United States; 

5 (B) Federal land resource training for 

6 U.S. Customs and Border Protection agents 

7 dedicated to protected land; and 

8 (C) Unmanned Aerial Vehicles, aerial as9 sets, Remote Video Surveillance camera sys10 tems, and sensors on protected land that is di11 rectly adjacent to the international land border 

12 of the United States. 

13 (2) COORDINATION.—In providing training for 

14 Customs and Border Protection agents under para15 graph (l)(B), the Secretary shall coordinate with the 

16 Secretary concerned to ensure that the training is 

17 appropriate to the mission of the National Park 

18 Service, the United States Fish and Wildlife Service, 

19 the Forest Service, or the relevant agency of the De20 partment of the Interior or the Department of Agri21 culture to minimize the adverse impact on natural 

22 and cultural resources from border protection activi23 ties. 

24 (c) ANALYSIS OF DAMAGE TO PROTECTED LANDS.— 

25 The Secretary and Secretaries concerned shall develop an 


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1 analysis of damage to protected lands relating to illegal 

2 border activity, including the cost of equipment, training, 

3 recurring maintenance, construction of facilities, restora4 tion of natural and cultural resources, recapitalization of 

5 facilities, and operations. 

6 (d) RECOMMENDATIONS.—The Secretary shall— 

7 (1) develop joint recommendations with the Na8 tional Park Service, the United States Fish and 

9 Wildlife Service, and the Forest Service for an ap10 propriate cost recovery mechanism relating to items 

11 identified in subsection (c); and 

12 (2) not later than one year from the date of en13 actment, submit to the appropriate congressional 

14 committees (as defined in section 2 of the Homeland 

15 Security Act of 2002 (6 U.S.C. 101)), including the 

16 Subcommittee on National Parks of the Senate and 

17 the Subcommittee on National Parks, Recreation 

18 and Public Lands of the House of Representatives, 

19 the recommendations developed under paragraph 

20 (1). 

21 (e) BORDER PROTECTION STRATEGY.—The Sec22 retary, the Secretary of the Interior, and the Secretary 

23 of Agriculture shall jointly develop a border protection 

24 strategy that supports the border security needs of the 


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1 United States in the manner that best protects the home2 land, including— 

3 (1) units of the National Park System; 

4 (2) National Forest System land; 

5 (3) land under the jurisdiction of the United 

6 States Fish and Wildlife Service; and 

7 (4) other relevant land under the jurisdiction of 

8 the Department of the Interior or the Department 

9 of Agriculture. 

10 SEC. 123. SECURE COMMUNICATION. 

11 The Secretary shall, as expeditiously as practicable, 

12 develop and implement a plan to improve the use of sat13 ellite communications and other technologies to ensure 

14 clear and secure 2-way communication capabilities— 

15 (1) among all Border Patrol agents conducting 

16 operations between ports of entry; 

17 (2) between Border Patrol agents and their re18 spective Border Patrol stations; and 

19 (3) between all appropriate border security 

20 agencies of the Department and State, local, and 

21 tribal law enforcement agencies. 

22 SEC. 124. UNMANNED AIRCRAFT SYSTEMS 

23 (a) UNMANNED AIRCRAFT AND ASSOCIATED INFRA24 STRUCTURE.—The Secretary shall acquire and maintain 


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1 unmanned aircraft systems for use on the border, includ2 ing related equipment such as— 

3 (1) additional sensors; 

4 (2) critical spares; 

5 (3) satellite command and control; and 

6 (4) other necessary equipment for operational 

7 support. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.— 

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

10 appropriated to the Secretary to carry out sub11 section (a)— 

12 (A) $178,400,000 for fiscal year 2008; and 

13 (B) $276,000,000 for fiscal year 2009. 

14 (2) AVAILABILITY OF FUNDS.—Amounts appro15 priated pursuant to paragraph (1) shall remain 

16 available until expended. 

17 SEC. 125. SURVEILLANCE TECHNOLOGIES PROGRAMS. 

18 (a) AERIAL SURVEILLANCE PROGRAM.— 

19 (1) IN GENERAL.—In conjunction with the bor20 der surveillance plan developed under section 5201 

21 of the Intelligence Reform and Terrorism Prevention 

22 Act of 2004 (Public Law 108–458; 8 U.S.C. 1701 

23 note), the Secretary, not later than 90 days after the 

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1 ial surveillance technologies, including unmanned 

2 aerial vehicles, to enhance the security of the inter3 national border between the United States and Can4 ada and the international border between the United 

5 States and Mexico. The goal of the program shall be 

6 to ensure continuous monitoring of each mile of each 

7 such border. 

8 (2) ASSESSMENT AND CONSULTATION REQUIRE9 MENTS.—In developing the program under this sub10 section, the Secretary shall— 

11 (A) consider current and proposed aerial 

12 surveillance technologies; 

13 (B) assess the feasibility and advisability 

14 of utilizing such technologies to address border 

15 threats, including an assessment of the tech16 nologies considered best suited to address re17 spective threats; 

18 (C) consult with the Secretary of Defense 

19 regarding any technologies or equipment which 

20 the Secretary may deploy along an international 

21 border of the United States; and 

22 (D) consult with the Administrator of the 

23 Federal Aviation Administration regarding safe24 ty, airspace coordination and regulation, and 


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1 any other issues necessary for implementation 

2 of the program. 

3 (3) ADDITIONAL REQUIREMENTS.— 

4 (A) IN GENERAL.—The program developed 

5 under this subsection shall include the use of a 

6 variety of aerial surveillance technologies in a 

7 variety of topographies and areas, including 

8 populated and unpopulated areas located on or 

9 near an international border of the United 

10 States, in order to evaluate, for a range of cir11 cumstances— 

12 (i) the significance of previous experi13 ences with such technologies in border se14 curity or critical infrastructure protection; 

15 (ii) the cost and effectiveness of var16 ious technologies for border security, in17 cluding varying levels of technical com18 plexity; and 

19 (iii) liability, safety, and privacy con20 cerns relating to the utilization of such 

21 technologies for border security. 

22 (4) CONTINUED USE OF AERIAL SURVEILLANCE

23 TECHNOLOGIES.—The Secretary may continue the 

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1 sessing the effectiveness of the utilization of such 

2 technologies. 

3 (5) REPORT TO CONGRESS.—Not later than 

4 180 days after implementing the program under this 

5 subsection, the Secretary shall submit a report to 

6 Congress regarding the program developed under 

7 this subsection. The Secretary shall include in the 

8 report a description of the program together with 

9 such recommendations as the Secretary finds appro10 priate for enhancing the program. 

11 (6) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated such sums 

13 as may be necessary to carry out this subsection. 

14 (b) INTEGRATED AND AUTOMATED SURVEILLANCE

15 PROGRAM.— 

16 (1) REQUIREMENT FOR PROGRAM.—Subject to 

17 the availability of appropriations, the Secretary shall 

18 establish a program to procure additional unmanned 

19 aerial vehicles, cameras, poles, sensors, satellites, 

20 radar coverage, and other technologies necessary to 

21 achieve operational control of the international bor22 ders of the United States and to establish a security 

23 perimeter known as a ‘‘virtual fence’’ along such 

24 international borders to provide a barrier to illegal 


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1 immigration. Such program shall be known as the 

2 Integrated and Automated Surveillance Program. 

3 (2) PROGRAM COMPONENTS.—The Secretary 

4 shall ensure, to the maximum extent feasible, the In5 tegrated and Automated Surveillance Program is 

6 carried out in a manner that— 

7 (A) the technologies utilized in the Pro8 gram are integrated and function cohesively in 

9 an automated fashion, including the integration 

10 of motion sensor alerts and cameras, whereby a 

11 sensor alert automatically activates a cor12 responding camera to pan and tilt in the direc13 tion of the triggered sensor; 

14 (B) cameras utilized in the Program do 

15 not have to be manually operated; 

16 (C) such camera views and positions are 

17 not fixed; 

18 (D) surveillance video taken by such cam19 eras can be viewed at multiple designated com20 munications centers; 

21 (E) a standard process is used to collect, 

22 catalog, and report intrusion and response data 

23 collected under the Program; 


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1 (F) future remote surveillance technology 

2 investments and upgrades for the Program can 

3 be integrated with existing systems; 

4 (G) performance measures are developed 

5 and applied that can evaluate whether the Pro6 gram is providing desired results and increasing 

7 response effectiveness in monitoring and detect8 ing illegal intrusions along the international 

9 borders of the United States; 

10 (H) plans are developed under the Pro11 gram to streamline site selection, site valida12 tion, and environmental assessment processes to 

13 minimize delays of installing surveillance tech14 nology infrastructure; 

15 (I) standards are developed under the Pro16 gram to expand the shared use of existing pri17 vate and governmental structures to install re18 mote surveillance technology infrastructure 

19 where possible; and 

20 (J) standards are developed under the Pro21 gram to identify and deploy the use of non22 permanent or mobile surveillance platforms that 

23 will increase the Secretary’s mobility and ability 

24 to identify illegal border intrusions. 


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1 (3) REPORT TO CONGRESS.—Not later than 1 

2 year after the initial implementation of the Inte3 grated and Automated Surveillance Program, the 

4 Secretary shall submit to Congress a report regard5 ing the Program. The Secretary shall include in the 

6 report a description of the Program together with 

7 any recommendation that the Secretary finds appro8 priate for enhancing the program. 

9 (4) EVALUATION OF CONTRACTORS.— 

10 (A) REQUIREMENT FOR STANDARDS.—The 

11 Secretary shall develop appropriate standards 

12 to evaluate the performance of any contractor 

13 providing goods or services to carry out the In14 tegrated and Automated Surveillance Program. 

15 (B) REVIEW BY THE INSPECTOR GEN16 ERAL.—The Inspector General of the Depart17 ment shall timely review each new contract re18 lated to the Program that has a value of more 

19 than $5,000,000, to determine whether such 

20 contract fully complies with applicable cost re21 quirements, performance objectives, program 

22 milestones, and schedules. The Inspector Gen23 eral shall report the findings of such review to 

24 the Secretary in a timely manner. Not later 

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1 ceives a report of findings from the Inspector 

2 General, the Secretary shall submit to the Com3 mittee on Homeland Security and Govern4 mental Affairs of the Senate and the Committee 

5 on Homeland Security of the House of Rep6 resentatives a report of such findings and a de7 scription of any the steps that the Secretary 

8 has taken or plans to take in response to such 

9 findings. 

10 (5) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated such sums 

12 as may be necessary to carry out this subsection. 

13 SEC. 126. SURVEILLANCE PLAN. 

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

15 develop a comprehensive plan for the systematic surveil16 lance of the international land and maritime borders of 

17 the United States. 

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

19 shall include the following: 

20 (1) An assessment of existing technologies em21 ployed on the international land and maritime bor22 ders of the United States. 

23 (2) A description of the compatibility of new 

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1 nologies in use by the Secretary on the date of the 

2 enactment of this Act. 

3 (3) A description of how the Commissioner of 

4 the United States Customs and Border Protection of 

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

6 with the Under Secretary for Science and Tech7 nology of the Department to identify and test sur8 veillance technology. 

9 (4) A description of the specific surveillance 

10 technology to be deployed. 

11 (5) Identification of any obstacles that may im12 pede such deployment. 

13 (6) A detailed estimate of all costs associated 

14 with such deployment and with continued mainte15 nance of such technologies. 

16 (7) A description of how the Secretary is work17 ing with the Administrator of the Federal Aviation 

18 Administration on safety and airspace control issues 

19 associated with the use of unmanned aerial vehicles. 

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

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

22 Secretary shall submit to Congress the plan required by 

23 this section. 


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1 SEC. 127. NATIONAL STRATEGY FOR BORDER SECURITY. 

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

3 in consultation with the heads of other appropriate Fed4 eral agencies, shall develop a National Strategy for Border 

5 Security that describes actions to be carried out to achieve 

6 operational control over all ports of entry into the United 

7 States and the international land and maritime borders 

8 of the United States. 

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

10 Security shall include the following: 

11 (1) The implementation schedule for the com12 prehensive plan for systematic surveillance described 

13 in section 136. 

14 (2) An assessment of the threat posed by ter15 rorists and terrorist groups that may try to infiltrate 

16 the United States at locations along the inter17 national land and maritime borders of the United 

18 States. 

19 (3) A risk assessment for all United States 

20 ports of entry and all portions of the international 

21 land and maritime borders of the United States that 

22 includes a description of activities being under23 taken— 

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

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1 cotics, and other contraband into the United 

2 States; and 

3 (B) to protect critical infrastructure at or 

4 near such ports of entry or borders. 

5 (4) An assessment of the legal requirements 

6 that prevent achieving and maintaining operational 

7 control over the entire international land and mari8 time borders of the United States. 

9 (5) An assessment of the most appropriate, 

10 practical, and cost-effective means of defending the 

11 international land and maritime borders of the 

12 United States against threats to security and illegal 

13 transit, including intelligence capacities, technology, 

14 equipment, personnel, and training needed to ad15 dress security vulnerabilities. 

16 (6) An assessment of staffing needs for all bor17 der security functions, taking into account threat 

18 and vulnerability information pertaining to the bor19 ders and the impact of new security programs, poli20 cies, and technologies. 

21 (7) A description of the border security roles 

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

23 tribal authorities, and recommendations regarding 

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1 curity and enforcement activities to be carried out in 

2 a more efficient and effective manner. 

3 (8) An assessment of existing efforts and tech4 nologies used for border security and the effect of 

5 the use of such efforts and technologies on civil 

6 rights, personal property rights, privacy rights, and 

7 civil liberties, including an assessment of efforts to 

8 take into account asylum seekers, trafficking vic9 tims, unaccompanied minor aliens, and other vulner10 able populations. 

11 (9) A prioritized list of research and develop12 ment objectives to enhance the security of the inter13 national land and maritime borders of the United 

14 States. 

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

16 free flow of travel and commerce is not diminished 

17 by efforts, activities, and programs aimed at secur18 ing the international land and maritime borders of 

19 the United States. 

20 (11) An assessment of additional detention fa21 cilities and beds that are needed to detain unlawful 

22 aliens apprehended at United States ports of entry 

23 or along the international land borders of the United 

24 States. 


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1 (12) A description of the performance metrics 

2 to be used to ensure accountability by the bureaus 

3 of the Department in implementing such Strategy. 

4 (13) A schedule for the implementation of the 

5 security measures described in such Strategy, includ6 ing a prioritization of security measures, realistic 

7 deadlines for addressing the security and enforce8 ment needs, an estimate of the resources needed to 

9 carry out such measures, and a description of how 

10 such resources should be allocated. 

11 (c) CONSULTATION.—In developing the National 

12 Strategy for Border Security, the Secretary shall consult 

13 with representatives of— 

14 (1) State, local, and tribal authorities with re15 sponsibility for locations along the international land 

16 and maritime borders of the United States; and 

17 (2) appropriate private sector entities, non18 governmental organizations, and affected commu19 nities that have expertise in areas related to border 

20 security. 

21 (d) COORDINATION.—The National Strategy for Bor22 der Security shall be consistent with the National Strategy 

23 for Maritime Security developed pursuant to Homeland 

24 Security Presidential Directive 13, dated December 21, 

25 2004. 


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1 (e) SUBMISSION TO CONGRESS.— 

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

3 date of the enactment of this Act, the Secretary 

4 shall submit to Congress the National Strategy for 

5 Border Security. 

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

7 Congress any update of such Strategy that the Sec8 retary determines is necessary, not later than 30 

9 days after such update is developed. 

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

11 section 111 may be construed to relieve the Secretary of 

12 the responsibility to take all actions necessary and appro13 priate to achieve and maintain operational control over the 

14 entire international land and maritime borders of the 

15 United States. 

16 SEC. 128. BORDER PATROL TRAINING CAPACITY REVIEW. 

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

18 United States shall conduct a review of the basic training 

19 provided to Border Patrol agents by the Secretary to en20 sure that such training is provided as efficiently and cost21 effectively as possible. 

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

23 subsection (a) shall include the following components: 

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

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1 der Patrol agents by the Federal Law Enforcement 

2 Training Center, including a description of how such 

3 curriculum has changed since September 11, 2001, 

4 and an evaluation of language and cultural diversity 

5 training programs provided within such curriculum. 

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

7 costs incurred by the Bureau of Customs and Bor8 der Protection and the Federal Law Enforcement 

9 Training Center to train 1 new Border Patrol agent. 

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

11 breakdown under paragraph (2), of the costs, effec12 tiveness, scope, and quality, including geographic 

13 characteristics, with other similar training programs 

14 provided by State and local agencies, nonprofit orga15 nizations, universities, and the private sector. 

16 (4) An evaluation of whether utilizing com17 parable non-Federal training programs, proficiency 

18 testing, and long-distance learning programs may af19 fect— 

20 (A) the cost-effectiveness of increasing the 

21 number of Border Patrol agents trained per 

22 year; 

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

24 and 


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1 (C) the scope and quality of basic training 

2 needed to fulfill the mission and duties of a 

3 Border Patrol agent. 

4 SEC. 129. BIOMETRIC DATA ENHANCEMENTS. 

5 Not later than October 1, 2008, the Secretary shall— 

6 (1) in consultation with the Attorney General, 

7 enhance connectivity between the Automated Bio8 metric Fingerprint Identification System (IDENT) 

9 of the Department and the Integrated Automated 

10 Fingerprint Identification System (IAFIS) of the 

11 Federal Bureau of Investigation to ensure more ex12 peditious data searches; and 

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

14 collect all fingerprints from each alien required to 

15 provide fingerprints during the alien’s initial enroll16 ment in the integrated entry and exit data system 

17 described in section 110 of the Illegal Immigration 

18 Reform and Immigrant Responsibility Act of 1996 

19 (8 U.S.C. 1365a). 

20 SEC. 130. US-VISIT SYSTEM. 

21 Not later than 6 months after the date of the enact22 ment of this Act, the Secretary, in consultation with the 

23 heads of other appropriate Federal agencies, shall submit 

24 to Congress a schedule for— 


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1 (1) Equipping all land border ports of entry of 

2 the United States with the U.S.-Visitor and Immi3 grant Status Indicator Technology (US–VISIT) sys4 tem implemented under section 110 of the Illegal 

5 Immigration Reform and Immigrant Responsibility 

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

7 (2) developing and deploying at such ports of 

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

9 and 

10 (3) making interoperable all immigration 

11 screening systems operated by the Secretary. 

12 SEC. 131. DOCUMENT FRAUD DETECTION. 

13 (a) TRAINING.—Subject to the availability of appro14 priations, the Secretary shall provide all U.S. Customs and 

15 Border Protection officers with training in identifying and 

16 detecting fraudulent travel documents. Such training shall 

17 be developed in consultation with the head of the Forensic 

18 Document Laboratory of the U.S. Immigration and Cus19 toms Enforcement. 

20 (b) FORENSIC DOCUMENT LABORATORY.—The Sec21 retary shall provide all U.S. Customs and Border Protec22 tion officers with access to the Forensic Document Lab23 oratory. 

24 (c) ASSESSMENT.— 


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1 (1) REQUIREMENT FOR ASSESSMENT.—The In2 spector General of the Department shall conduct an 

3 independent assessment of the accuracy and reli4 ability of the Forensic Document Laboratory. 

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

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

7 the Inspector General shall submit to Congress the 

8 findings of the assessment required by paragraph 

9 (1). 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary such 

12 sums as may be necessary for each of fiscal years 2008 

13 through 2012 to carry out this section. 

14 SEC. 132. BORDER RELIEF GRANT PROGRAM. 

15 (a) GRANTS AUTHORIZED.— 

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

17 to award grants, subject to the availability of appro18 priations, to an eligible law enforcement agency to 

19 provide assistance to such agency to address— 

20 (A) criminal activity that occurs in the ju21 risdiction of such agency by virtue of such 

22 agency’s proximity to the United States border; 

23 and 

24 (B) the impact of any lack of security 

25 along the United States border. 


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

2 this subsection during fiscal years 2008 through 

3 2012. 

4 (3) COMPETITIVE BASIS.—The Secretary shall 

5 award grants under this subsection on a competitive 

6 basis, except that the Secretary shall give priority to 

7 applications from any eligible law enforcement agen8 cy serving a community— 

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

10 and 

11 (B) located no more than 100 miles from 

12 a United States border with— 

13 (i) Canada; or 

14 (ii) Mexico. 

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

16 subsection (a) may only be used to provide additional re17 sources for an eligible law enforcement agency to address 

18 criminal activity occurring along any such border, includ19 ing— 

20 (1) to obtain equipment; 

21 (2) to hire additional personnel; 

22 (3) to upgrade and maintain law enforcement 

23 technology; 

24 (4) to cover operational costs, including over25 time and transportation costs; and 


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1 (5) such other resources as are available to as2 sist that agency. 

3 (c) APPLICATION.— 

4 (1) IN GENERAL.—Each eligible law enforce5 ment agency seeking a grant under this section shall 

6 submit an application to the Secretary at such time, 

7 in such manner, and accompanied by such informa8 tion as the Secretary may reasonably require. 

9 (2) CONTENTS.—Each application submitted 

10 pursuant to paragraph (1) shall— 

11 (A) describe the activities for which assist12 ance under this section is sought; and 

13 (B) provide such additional assurances as 

14 the Secretary determines to be essential to en15 sure compliance with the requirements of this 

16 section. 

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

18 (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— 

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

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

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

22 miles from a United States border with— 

23 (i) Canada; or 

24 (ii) Mexico; or 


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1 (B) located in a county more than 100 

2 miles from any such border, but where such 

3 county has been certified by the Secretary as a 

4 High Impact Area. 

5 (2) HIGH IMPACT AREA.—The term ‘‘High Im6 pact Area’’ means any county designated by the Sec7 retary as such, taking into consideration— 

8 (A) whether local law enforcement agencies 

9 in that county have the resources to protect the 

10 lives, property, safety, or welfare of the resi11 dents of that county; 

12 (B) the relationship between any lack of 

13 security along the United States border and the 

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

15 and 

16 (C) any other unique challenges that local 

17 law enforcement face due to a lack of security 

18 along the United States border. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.— 

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

21 appropriated $100,000,000 for each of fiscal years 

22 2008 through 2012 to carry out the provisions of 

23 this section. 

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

25 amounts authorized under paragraph (1)— 


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(A) 2 1 ⁄3 shall be set aside for eligible law en2 forcement agencies located in the 6 States with 

3 the largest number of undocumented alien ap4 prehensions; and 

(B) 1 5 ⁄3 shall be set aside for areas des6 ignated as a High Impact Area under sub7 section (d). 

8 (f) SUPPLEMENT NOT SUPPLANT.—Amounts appro9 priated for grants under this section shall be used to sup10 plement and not supplant other State and local public 

11 funds obligated for the purposes provided under this title. 

12 SEC. 133. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT 

13 STUDY. 

14 (a) REQUIREMENT TO UPDATE.—Not later than 

15 January 31 of each year, the Administrator of General 

16 Services, in consultation with U.S. Customs and Border 

17 Protection, shall update the Port of Entry Infrastructure 

18 Assessment Study prepared by U.S. Customs and Border 

19 Protection in accordance with the matter relating to the 

20 ports of entry infrastructure assessment that is set out 

21 in the joint explanatory statement in the conference report 

22 accompanying H.R. 2490 of the 106th Congress, 1st ses23 sion (House of Representatives Rep. No. 106–319, on 

24 page 67) and submit such updated study to Congress. 


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1 (b) CONSULTATION.—In preparing the updated stud2 ies required in subsection (a), the Administrator of Gen3 eral Services shall consult with the Director of the Office 

4 of Management and Budget, the Secretary, and the Com5 missioner. 

6 (c) CONTENT.—Each updated study required in sub7 section (a) shall— 

8 (1) identify port of entry infrastructure and 

9 technology improvement projects that would enhance 

10 border security and facilitate the flow of legitimate 

11 commerce if implemented; 

12 (2) include the projects identified in the Na13 tional Land Border Security Plan required by sec14 tion; and 

15 (3) prioritize the projects described in para16 graphs (1) and (2) based on the ability of a project 

17 to— 

18 (A) fulfill immediate security requirements; 

19 and 

20 (B) facilitate trade across the borders of 

21 the United States. 

22 (d) PROJECT IMPLEMENTATION.—The Commissioner 

23 shall implement the infrastructure and technology im24 provement projects described in subsection (c) in the order 


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1 of priority assigned to each project under subsection 

2 (c)(3). 

3 (e) DIVERGENCE FROM PRIORITIES.—The Commis4 sioner may diverge from the priority order if the Commis5 sioner determines that significantly changed cir6 cumstances, such as immediate security needs or changes 

7 in infrastructure in Mexico or Canada, compellingly alter 

8 the need for a project in the United States. 

9 SEC. 134. NATIONAL LAND BORDER SECURITY PLAN. 

10 (a) IN GENERAL.—Not later than 1 year after the 

11 date of the enactment of this Act, and annually thereafter, 

12 the Secretary, after consultation with representatives of 

13 Federal, State, and local law enforcement agencies and 

14 private entities that are involved in international trade 

15 across the northern border or the southern border, shall 

16 submit a National Land Border Security Plan to Con17 gress. 

18 (b) VULNERABILITY ASSESSMENT.— 

19 (1) IN GENERAL.—The plan required in sub20 section (a) shall include a vulnerability assessment 

21 of each port of entry located on the northern border 

22 or the southern border. 

23 (2) PORT SECURITY COORDINATORS.—The Sec24 retary may establish 1 or more port security coordiVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 nators at each port of entry located on the northern 

2 border or the southern border— 

3 (A) to assist in conducting a vulnerability 

4 assessment at such port; and 

5 (B) to provide other assistance with the 

6 preparation of the plan required in subsection 

7 (a). 

8 SEC. 135. PORT OF ENTRY TECHNOLOGY DEMONSTRATION 

9 PROGRAM. 

10 (a) ESTABLISHMENT.—The Secretary shall carry out 

11 a technology demonstration program to— 

12 (1) test and evaluate new port of entry tech13 nologies; 

14 (2) refine port of entry technologies and oper15 ational concepts; and 

16 (3) train personnel under realistic conditions. 

17 (b) TECHNOLOGY AND FACILITIES.— 

18 (1) TECHNOLOGY TESTING.—Under the tech19 nology demonstration program, the Secretary shall 

20 test technologies that enhance port of entry oper21 ations, including operations related to— 

22 (A) inspections; 

23 (B) communications; 

24 (C) port tracking; 

25 (D) identification of persons and cargo; 


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1 (E) sensory devices; 

2 (F) personal detection; 

3 (G) decision support; and 

4 (H) the detection and identification of 

5 weapons of mass destruction. 

6 (2) DEVELOPMENT OF FACILITIES.—At a dem7 onstration site selected pursuant to subsection 

8 (c)(2), the Secretary shall develop facilities to pro9 vide appropriate training to law enforcement per10 sonnel who have responsibility for border security, 

11 including— 

12 (A) cross-training among agencies; 

13 (B) advanced law enforcement training; 

14 and 

15 (C) equipment orientation. 

16 (c) DEMONSTRATION SITES.— 

17 (1) NUMBER.—The Secretary shall carry out 

18 the demonstration program at not less than 3 sites 

19 and not more than 5 sites. 

20 (2) SELECTION CRITERIA.—To ensure that at 

21 least 1 of the facilities selected as a port of entry 

22 demonstration site for the demonstration program 

23 has the most up-to-date design, contains sufficient 

24 space to conduct the demonstration program, has a 

25 traffic volume low enough to easily incorporate new 


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1 technologies without interrupting normal processing 

2 activity, and can efficiently carry out demonstration 

3 and port of entry operations, at least 1 port of entry 

4 selected as a demonstration site shall— 

5 (A) have been established not more than 

6 15 years before the date of the enactment of 

7 this Act; 

8 (B) consist of not less than 65 acres, with 

9 the possibility of expansion to not less than 25 

10 adjacent acres; and 

11 (C) have serviced an average of not more 

12 than 50,000 vehicles per month during the 1- 

13 year period ending on the date of the enactment 

14 of this Act. 

15 (d) RELATIONSHIP WITH OTHER AGENCIES.—The 

16 Secretary shall permit personnel from an appropriate Fed17 eral or State agency to utilize a demonstration site de18 scribed in subsection (c) to test technologies that enhance 

19 port of entry operations, including technologies described 

20 in subparagraphs (A) through (H) of subsection (b)(1). 

21 (e) REPORT.— 

22 (1) REQUIREMENT.—Not later than 1 year 

23 after the date of the enactment of this Act, and an24 nually thereafter, the Secretary shall submit to Con25 gress a report on the activities carried out at each 


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1 demonstration site under the technology demonstra2 tion program established under this section. 

3 (2) CONTENT.—The report submitted under 

4 paragraph (1) shall include an assessment by the 

5 Secretary of the feasibility of incorporating any dem6 onstrated technology for use throughout the U.S. 

7 Customs and Border Protection. 

8 SEC. 136. COMBATING HUMAN SMUGGLING. 

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

10 develop and implement a plan to improve coordination be11 tween the U.S. Immigration and Customs Enforcement 

12 and the U.S. Customs and Border Protection of the De13 partment and any other Federal, State, local, or tribal au14 thorities, as determined appropriate by the Secretary, to 

15 improve coordination efforts to combat 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. 137. INCREASE OF FEDERAL DETENTION SPACE AND 

20 THE UTILIZATION OF FACILITIES IDENTIFIED 

21 FOR CLOSURES AS A RESULT OF THE DE22 FENSE BASE CLOSURE REALIGNMENT ACT 

23 OF 1990. 

24 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

25 FACILITIES.— 


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1 (1) IN GENERAL.—The Secretary shall con2 struct or acquire, in addition to existing facilities for 

3 the detention of aliens, at least 20 detention facili4 ties in the United States that have the capacity to 

5 detain a combined total of not less than 20,000 indi6 viduals at any time for aliens detained pending re7 moval or a decision on removal of such aliens from 

8 the United States subject to available appropria9 tions. 

10 (b) CONSTRUCTION OF OR ACQUISITION OF DETEN11 TION FACILITIES.— 

12 (1) REQUIREMENT TO CONSTRUCT OR AC13 QUIRE.—The Secretary shall construct or acquire 

14 additional detention facilities in the United States to 

15 accommodate the detention beds required by section 

16 5204(a) of the Intelligence Reform and Terrorism 

17 Protection Act of 2004, as amended by subsection 

18 (a), subject to available appropriations. 

19 (2) USE OF ALTERNATE DETENTION FACILI20 TIES.—Subject to the availability of appropriations, 

21 the Secretary shall fully utilize all possible options to 

22 cost effectively increase available detention capac23 ities, and shall utilize detention facilities that are 

24 owned and operated by the Federal Government if 

25 the use of such facilities is cost effective. 


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1 (3) USE OF INSTALLATIONS UNDER BASE CLO2 SURE LAWS.—In acquiring additional detention fa3 cilities under this subsection, the Secretary shall 

4 consider the transfer of appropriate portions of mili5 tary installations approved for closure or realign6 ment under the Defense Base Closure and Realign7 ment Act of 1990 (part A of title XXIX of Public 

8 Law 101–510; 10 U.S.C. 2687 note) for use in ac9 cordance with subsection (a). 

10 (4) DETERMINATION OF LOCATION.—The loca11 tion of any detention facility constructed or acquired 

12 in accordance with this subsection shall be deter13 mined, with the concurrence of the Secretary, by the 

14 senior officer responsible for Detention and Removal 

15 Operations in the Department. The detention facili16 ties shall be located so as to enable the officers and 

17 employees of the Department to increase to the max18 imum extent practicable the annual rate and level of 

19 removals of illegal aliens from the United States. 

20 (c) ANNUAL REPORT TO CONGRESS.—Not later than 

21 1 year after the date of the enactment of this Act, and 

22 annually thereafter, in consultation with the heads of 

23 other appropriate Federal agencies, the Secretary shall 

24 submit to Congress an assessment of the additional deten25 tion facilities and bed space needed to detain unlawful 


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1 aliens apprehended at the United States ports of entry or 

2 along the international land borders of the United States. 

3 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

4 Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by 

5 striking ‘‘may expend’’ and inserting ‘‘shall expend’’. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated such sums as may be 

8 necessary to carry out this section. 

9 SEC. 138. UNITED STATES-MEXICO BORDER ENFORCEMENT 

10 REVIEW COMMISSION. 

11 (a) ESTABLISHMENT OF COMMISSION.— 

12 (1) IN GENERAL.—There is established an inde13 pendent commission to be known as the United 

14 States-Mexico Border Enforcement Review Commis15 sion (referred to in this section as the ‘‘Commis16 sion’’). 

17 (2) PURPOSES.—The purposes of the Commis18 sion are— 

19 (A) to study the overall enforcement strat20 egies, programs and policies of Federal agencies 

21 along the United States-Mexico border; and 

22 (B) to make recommendations to the 

23 President and Congress with respect to such 

24 strategies, programs and policies. 


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1 (3) MEMBERSHIP.—The Commission shall be 

2 composed of 17 voting members, who shall be ap3 pointed as follows: 

4 (A) The Governors of the States of Cali5 fornia, New Mexico, Arizona, and Texas shall 

6 each appoint 4 voting members of whom— 

7 (i) 1 shall be a local elected official 

8 from the State’s border region; 

9 (ii) 1 shall be a local law enforcement 

10 official from the State’s border region; and 

11 (iii) 2 shall be from the State’s com12 munities of academia, religious leaders, 

13 civic leaders or community leaders. 

14 (B) 2 nonvoting members, of whom— 

15 (i) 1 shall be appointed by the Sec16 retary; 

17 (ii) 1 shall be appointed by the Attor18 ney General; and 

19 (iii) 1 shall be appointed by the Sec20 retary of State. 

21 (4) QUALIFICATIONS.— 

22 (A) IN GENERAL.—Members of the Com23 mission shall be— 

24 (i) individuals with expertise in migra25 tion, border enforcement and protection, 


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1 civil and human rights, community rela2 tions, crossborder trade and commerce or 

3 other pertinent qualifications or experience; 

4 and 

5 (ii) representative of a broad cross 

6 section of perspectives from the region 

7 along the international border between the 

8 United States and Mexico; 

9 (B) POLITICAL AFFILIATION.—Not more 

10 than 2 members of the Commission appointed 

11 by each Governor under paragraph (3)(A) may 

12 be members of the same political party. 

13 (C) NONGOVERNMENTAL APPOINTEES.— 

14 An individual appointed as a voting member to 

15 the Commission may not be an officer or em16 ployee of the Federal Government. 

17 (5) DEADLINE FOR APPOINTMENT.—All mem18 bers of the Commission shall be appointed not later 

19 than 6 months after the enactment of this Act. If 

20 any member of the Commission described in para21 graph (3)(A) is not appointed by such date, the 

22 Commission shall carry out its duties under this sec23 tion without the participation of such member. 

24 (6) TERM OF SERVICE.—The term of office for 

25 members shall be for life of the Commission. 


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1 (7) VACANCIES.—Any vacancy in the Commis2 sion shall not affect its powers, but shall be filled in 

3 the same manner in which the original appointment 

4 was made. 

5 (8) MEETINGS.— 

6 (A) INITIAL MEETING.—The Commission 

7 shall meet and begin the operations of the Com8 mission as soon as practicable. 

9 (B) SUBSEQUENT MEETINGS.—After its 

10 initial meeting, the Commission shall meet upon 

11 the call of the chairman or a majority of its 

12 members. 

13 (9) QUORUM.—Nine members of the Commis14 sion shall constitute a quorum. 

15 (10) CHAIR AND VICE CHAIR.—The voting 

16 members of the Commission shall elect a Chairman 

17 and Vice Chairman from among its members. The 

18 term of office shall be for the life of the Commission. 

19 (b) DUTIES.—The Commission shall review, examine, 

20 and make recommendations regarding border enforcement 

21 policies, strategies, and programs, including recommenda22 tions regarding— 

23 (1) the protection of human and civil rights of 

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1 national border between the United States and Mex2 ico; 

3 (2) the adequacy and effectiveness of human 

4 and civil rights training of enforcement personnel on 

5 such border; 

6 (3) the adequacy of the complaint process with7 in the agencies and programs of the Department 

8 that are employed when an individual files a griev9 ance; 

10 (4) the effect of the operations, technology, and 

11 enforcement infrastructure along such border on 

12 the— 

13 (A) environment; 

14 (B) cross border traffic and commerce; and 

15 (C) the quality of life of border commu16 nities; 

17 (5) local law enforcement involvement in the en18 forcement of Federal immigration law; and 

19 (6) any other matters regarding border enforce20 ment policies, strategies, and programs the Commis21 sion determines appropriate. 

22 (c) INFORMATION AND ASSISTANCE FROM FEDERAL

23 AGENCIES.— 

24 (1) INFORMATION FROM FEDERAL AGENCIES.— 

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1 ment or agency of the United States such informa2 tion, including suggestions, estimates, and statistics, 

3 as allowed by law and as the Commission considers 

4 necessary to carry out the provisions of this section. 

5 Upon request of the Commission, the head of such 

6 department or agency shall furnish such information 

7 to the Commission. 

8 (2) ASSISTANCE FROM FEDERAL AGENCIES.— 

9 The Administrator of General Services shall, on a 

10 reimbursable basis, provide the Commission with ad11 ministrative support and other services for the per12 formance of the Commission’s functions. The depart13 ments and agencies of the United States may pro14 vide the Commission with such services, funds, facili15 ties, staff, and other support services as they deter16 mine advisable and as authorized by law. 

17 (d) COMPENSATION.— 

18 (1) IN GENERAL.—Members of the Commission 

19 shall serve without pay. 

20 (2) REIMBURSEMENT OF EXPENSES.—All mem21 bers of the Commission shall be reimbursed for rea22 sonable travel expenses and subsistence, and other 

23 reasonable and necessary expenses incurred by them 

24 in the performance of their duties. 


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1 (e) REPORT.—Not later than 2 years after the date 

2 of the first meeting called pursuant to (a)(8)(A), the Com3 mission shall submit a report to the President and Con4 gress that contains— 

5 (1) findings with respect to the duties of the 

6 Commission; 

7 (2) recommendations regarding border enforce8 ment policies, strategies, and programs; 

9 (3) suggestions for the implementation of the 

10 Commission’s recommendations; and 

11 (4) a recommendation as to whether the Com12 mission should continue to exist after the date of 

13 termination described in subsection (g), and if so, a 

14 description of the purposes and duties recommended 

15 to be carried out by the Commission after such date. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as may be 

18 necessary to carry out this section. 

19 (g) SUNSET.—Unless the Commission is reauthorized 

20 by Congress, the Commission shall terminate on the date 

21 that is 90 days after the date the Commission submits 

22 the report described in subsection (e). 


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1 SEC. 139. NORTHERN BORDER PROSECUTION REIMBURSE2 MENT. 

3 (a) SHORT TITLE.—This section may be cited as the 

4 ‘‘Northern Border Prosecution Initiative Reimbursement 

5 Act’’. 

6 (b) NORTHERN BORDER PROSECUTION INITIA7 TIVE.— 

8 (1) INITIATIVE REQUIRED.—From amounts 

9 made available to carry out this section, the Attor10 ney General, acting through the Director of the Bu11 reau of Justice Assistance of the Office of Justice 

12 Programs, shall carry out a program, to be known 

13 as the Northern Border Prosecution Initiative, to 

14 provide funds to reimburse eligible northern border 

15 entities for costs incurred by those entities for han16 dling case dispositions of criminal cases that are fed17 erally initiated but federally declined-referred. This 

18 program shall be modeled after the Southwestern 

19 Border Prosecution Initiative and shall serve as a 

20 partner program to that initiative to reimburse local 

21 jurisdictions for processing Federal cases. 

22 (2) PROVISION AND ALLOCATION OF FUNDS.— 

23 Funds provided under the program shall be provided 

24 in the form of direct reimbursements and shall be al25 located in a manner consistent with the manner 


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1 under which funds are allocated under the South2 western Border Prosecution Initiative. 

3 (3) USE OF FUNDS.—Funds provided to an eli4 gible northern border entity may be used by the en5 tity for any lawful purpose, including the following 

6 purposes: 

7 (A) Prosecution and related costs. 

8 (B) Court costs. 

9 (C) Costs of courtroom technology. 

10 (D) Costs of constructing holding spaces. 

11 (E) Costs of administrative staff. 

12 (F) Costs of defense counsel for indigent 

13 defendants. 

14 (G) Detention costs, including pre-trial and 

15 post-trial detention. 

16 (4) DEFINITIONS.—In this section: 

17 (A) The term ‘‘eligible northern border en18 tity’’ means— 

19 (i) any of the following States: Alaska, 

20 Idaho, Maine, Michigan, Minnesota, Mon21 tana, New Hampshire, New York, North 

22 Dakota, Ohio, Pennsylvania, Vermont, 

23 Washington, and Wisconsin; or 

24 (ii) any unit of local government with25 in a State referred to in clause (i). 


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1 (B) The term ‘‘federally initiated’’ means, 

2 with respect to a criminal case, that the case 

3 results from a criminal investigation or an ar4 rest involving Federal law enforcement authori5 ties for a potential violation of Federal criminal 

6 law, including investigations resulting from 

7 multi-jurisdictional task forces. 

8 (C) The term ‘‘federally declined-referred’’ 

9 means, with respect to a criminal case, that a 

10 decision has been made in that case by a 

11 United States Attorney or a Federal law en12 forcement agency during a Federal investiga13 tion to no longer pursue Federal criminal 

14 charges against a defendant and to refer the in15 vestigation to a State or local jurisdiction for 

16 possible prosecution. The term includes a deci17 sion made on an individualized case-by-case 

18 basis as well as a decision made pursuant to a 

19 general policy or practice or pursuant to pros20 ecutorial discretion. 

21 (D) The term ‘‘case disposition’’, for pur22 poses of the Northern Border Prosecution Ini23 tiative, refers to the time between a suspect’s 

24 arrest and the resolution of the criminal 

25 charges through a county or State judicial or 


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1 prosecutorial process. Disposition does not in2 clude incarceration time for sentenced offend3 ers, or time spent by prosecutors on judicial ap4 peals. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $28,000,000 for fiscal year 2008 and such sums as may 

8 be necessary for each succeeding fiscal year. 

9 Subtitle D—Asylum and Detention 

10 Safeguards 

11 SEC. 140. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Secure and Safe 

13 Detention and Asylum Act’’. 

14 SEC. 141. DEFINITIONS. 

15 In this subtitle: 

16 (1) CREDIBLE FEAR OF PERSECUTION.—The 

17 term ‘‘credible fear of persecution’’ has the meaning 

18 given that term in section 235(b)(1)(B)(v) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1225(b)(1)(B)(v)). 

21 (2) DETAINEE.—The term ‘‘detainee’’ means 

22 an alien in the custody of the Department of Home23 land Security who is held in a detention facility. 

24 (3) DETENTION FACILITY.—The term ‘‘deten25 tion facility’’ means any Federal facility in which an 


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1 alien detained pending the outcome of a removal 

2 proceeding, or an alien detained pending the execu3 tion of a final order of removal, is detained for more 

4 than 72 hours, or any other facility in which such 

5 detention services are provided to the Federal Gov6 ernment by contract, and does not include detention 

7 at any port of entry in the United States. 

8 (4) REASONABLE FEAR OF PERSECUTION OR

9 TORTURE.—The term ‘‘reasonable fear of persecu10 tion or torture’’ has the meaning given that term in 

11 section 208.31 of title 8, Code of Federal Regula12 tions. 

13 (5) STANDARD.—The term ‘‘standard’’ means 

14 any policy, procedure, or other requirement. 

15 SEC. 142. RECORDING EXPEDITED REMOVAL INTERVIEWS. 

16 (a) IN GENERAL.—The Secretary shall establish 

17 quality assurance procedures and take steps to effectively 

18 ensure that questions by employees of the Department ex19 ercising expedited removal authority under section 235(b) 

20 of the Immigration and Nationality Act (8 U.S.C. 

21 1225(b)) are asked in a standard manner, and that both 

22 these questions and the answers provided in response to 

23 them are recorded in a uniform fashion. 

24 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

25 Where practicable, as determined by the Secretary in his 


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1 discretion, any sworn or signed written statement taken 

2 of an alien as part of the record of a proceeding under 

3 section 235(b)(1)(A) of the Immigration and Nationality 

4 Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a 

5 recording of the interview which served as the basis for 

6 that sworn statement. 

7 (c) EXEMPTION AUTHORITY.— 

8 (1) IN GENERAL.—Subsection (b) sha1l not 

9 apply to interviews that occur at facilities, locations, 

10 or areas exempted by the Secretary pursuant to this 

11 subsection. 

12 (2) EXEMPTION.—The Secretary or the Sec13 retary’s designee may exempt any facility, location, 

14 or area from the requirements of this section based 

15 on a determination by the Secretary or the Sec16 retary’s designee that compliance with subsection (b) 

17 at that facility would impair operations or impose 

18 undue burdens or costs. 

19 (3) REPORT.—The Secretary or the Secretary’s 

20 designee shall report annually to Congress on the fa21 cilities that have been exempted pursuant to this 

22 subsection. 

23 (d) INTERPRETERS.—The Secretary shall ensure that 

24 a competent interpreter, not affiliated with the govern25 ment of the country from which the alien may claim asyVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 lum, is used when the interviewing officer does not speak 

2 a language understood by the alien and there is no other 

3 Federal, State, or local government employee available 

4 who is able to interpret effectively, accurately, and impar5 tially. 

6 (e) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

7 Recordings of interviews of aliens subject to expedited re8 moval shall be included in the record of proceeding and 

9 may be considered as evidence in any further proceedings 

10 involving the alien. 

11 (f) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

12 section shall be construed to create any right, benefit, 

13 trust, or responsibility, whether substantive or procedural, 

14 enforceable in law or equity by a party against the United 

15 States, its departments, agencies, instrumentalities, enti16 ties, officers, employees, or agents, or any person, nor does 

17 this section create any right of review in any administra18 tive, judicial, or other proceeding. 

19 SEC. 143. OPTIONS REGARDING DETENTION DECISIONS. 

20 Section 236 of the Immigration and Nationality Act 

21 (8 U.S.C. 1226) is amended— 

22 (1) in subsection (a)— 

23 (A) in the matter preceding paragraph 

24 (1)— 


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1 (i) in the first sentence by striking 

2 ‘‘Attorney General’’ and inserting ‘‘Sec3 retary of Homeland Security’’; and 

4 (ii) in the second sentence by striking 

5 ‘‘Attorney General’’ and inserting ‘‘Sec6 retary’’; 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (A)— 

9 (I) by striking ‘‘Attorney Gen10 eral’’ and inserting ‘‘Secretary’’; and 

11 (II) by striking ‘‘or’’ at the end; 

12 (ii) in subparagraph (B), by striking 

13 ‘‘but’’ at the end; and 

14 (iii) by inserting after subparagraph 

15 (B) the following: 

16 ‘‘(C) the alien’s own recognizance; or 

17 ‘‘(D) a secure alternatives program as pro18 vided for in this section; but’’; 

19 (2) in subsection (b), by striking ‘‘Attorney 

20 General’’ and inserting ‘‘Secretary’’; 

21 (3) in subsection (c)— 

22 (A) by striking ‘‘Attorney General’’ and in23 serting ‘‘Secretary’’ each place it appears; and 


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1 (B) in paragraph (2), by inserting ‘‘or for 

2 humanitarian reasons,’’ after ‘‘such an inves3 tigation,’’; and 

4 (4) in subsection (d)— 

5 (A) in paragraph (1), by striking ‘‘Attor6 ney General’’ and inserting ‘‘Secretary’’; 

7 (B) in paragraph (1), in subparagraphs 

8 (A) and (B), by striking ‘‘Service’’ each place it 

9 appears and inserting ‘‘Department of Home10 land Security’’; and 

11 (C) in paragraph (3), by striking ‘‘Service’’ 

12 and inserting ‘‘Secretary of Homeland Secu13 rity’’. 

14 SEC. 144. REPORT TO CONGRESS ON PAROLE PROCEDURES 

15 AND STANDARDIZATION OF PAROLE PROCE16 DURES. 

17 (a) IN GENERAL.—The Attorney General and the 

18 Secretary of Homeland Security shall jointly conduct a re19 view and report to the appropriate Committees of the Sen20 ate and the House of Representatives within 180 days of 

21 the date of enactment of this Act regarding the effective22 ness of parole and custody determination procedures ap23 plicable to aliens who have established a credible fear of 

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1 ing their asylum claim by the immigration courts. The re2 port shall include the following: 

3 (1) An analysis of the rate at which release 

4 from detention (including release on parole) is grant5 ed to aliens who have established a credible fear of 

6 persecution and are awaiting a final determination 

7 regarding their asylum claim by the immigration 

8 courts throughout the United States, and any dis9 parity that exists between locations or geographical 

10 areas, including explanation of the reasons for this 

11 disparity and what actions are being taken to have 

12 consistent and uniform application of the standards 

13 for granting parole. 

14 (2) An analysis of the effect of the procedures 

15 and policies applied with respect to parole and cus16 tody determinations both by the Attorney General 

17 and the Secretary on the alien’s pursuit of their asy18 lum claim before an immigration court. 

19 (3) An analysis of the effect of the procedures 

20 and policies applied with respect to parole and cus21 tody determinations both by the Attorney General 

22 and the Secretary on the alien’s physical and psy23 chological well-being. 

24 (4) An analysis of the effectiveness of the pro25 cedures and policies applied with respect to parole 


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1 and custody determinations both by the Attorney 

2 General and the Secretary in securing the alien’s 

3 presence at the immigration court proceedings. 

4 (b) RECOMMENDATIONS.—The report shall include 

5 recommendations with respect to whether the existing pa6 role and custody determination procedures applicable to 

7 aliens who have established a credible fear of persecution 

8 and are awaiting a final determination regarding their 

9 asylum claim by the immigration courts should be modi10 fied in order to ensure a more consistent application of 

11 these procedures in a way that both respects the interests 

12 of aliens pursuing valid claims of asylum and ensures the 

13 presence of the aliens at the immigration court pro14 ceedings. 

15 SEC. 145. LEGAL ORIENTATION PROGRAM. 

16 (a) IN GENERAL.—The Attorney General, in con17 sultation with the Secretary of Homeland Security, shall 

18 ensure that all detained aliens in immigration and asylum 

19 proceedings receive legal orientation through a program 

20 administered and implemented by the Executive Office for 

21 Immigration Review of the Department of Justice. 

22 (b) CONTENT OF PROGRAM.—The legal orientation 

23 program developed pursuant to this section shall be based 

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1 ecutive Office for Immigration Review on the date of the 

2 enactment of this Act. 

3 (c) EXPANSION OF LEGAL ASSISTANCE.—The Sec4 retary shall ensure the expansion through the United 

5 States Citizenship and Immigration Service of public-pri6 vate partnerships that facilitate pro bono counseling and 

7 legal assistance for aliens awaiting a credible fear of perse8 cution interview or an interview related to a reasonable 

9 fear of persecution or torture determination under section 

10 241(b)(3). 

11 SEC. 146. CONDITIONS OF DETENTION. 

12 (a) IN GENERAL.—The Secretary shall ensure that 

13 standards governing conditions and procedures at deten14 tion facilities are fully implemented and enforced, and that 

15 all detention facilities comply with the standards. 

16 (b) PROCEDURES AND STANDARDS.—The Secretary 

17 shall promulgate new standards, or modify existing deten18 tion standards, to comply with the following policies and 

19 procedures: 

20 (1) FAIR AND HUMANE TREATMENT.—Proce21 dures to prevent detainees from being subject to de22 grading or inhumane treatment such as physical 

23 abuse, sexual abuse or harassment, or arbitrary pun24 ishment. 


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1 (2) LIMITATIONS ON SOLITARY CONFINE2 MENT.—Procedures limiting the use of solitary con3 finement, shackling, and strip searches of detainees 

4 to situations where the use of such techniques is ne5 cessitated by security interests, the safety of officers 

6 and other detainees, or other extraordinary cir7 cumstances. 

8 (3) INVESTIGATION OF GRIEVANCES.—Proce9 dures for the prompt and effective investigation of 

10 grievances raised by detainees. 

11 (4) ACCESS TO TELEPHONES.—Procedures per12 mitting detainees sufficient access to telephones, and 

13 the ability to contact, free of charge, legal represent14 atives, the immigration courts, the Board of Immi15 gration Appeals, and the Federal courts through 

16 confidential toll-free numbers. 

17 (5) LOCATION OF FACILITIES.—Location of de18 tention facilities, to the extent practicable, near 

19 sources of free or low-cost legal representation with 

20 expertise in asylum or immigration law. 

21 (6) PROCEDURES GOVERNING TRANSFERS OF

22 DETAINEES.—Procedures governing the transfer of a 

23 detainee that take into account— 

24 (A) the detainee’s access to legal rep25 resentatives; and 


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1 (B) the proximity of the facility to the 

2 venue of the asylum or removal proceeding. 

3 (7) QUALITY OF MEDICAL CARE.— 

4 (A) IN GENERAL.—Essential medical care 

5 provided promptly at no cost to the detainee, 

6 including dental care, eye care, mental health 

7 care, and where appropriate, individual and 

8 group counseling, medical dietary needs, and 

9 other medically necessary specialized care. Med10 ical facilities in all detention facilities used by 

11 the Department maintain current accreditation 

12 by the National Commission on Correctional 

13 Health Care (NCCHC). Requirements that each 

14 medical facility that is not accredited by the 

15 Joint Commission on the Accreditation of 

16 Health Care Organizations (JCAHO) will seek 

17 to obtain such accreditation. Maintenance of 

18 complete medical records for every detainee 

19 which shall be made available upon request to 

20 a detainee, his legal representative, or other au21 thorized individuals. 

22 (B) EXCEPTION.—A detention facility that 

23 is not operated by the Department of Homeland 

24 Security or by a private contractor on behalf of 

25 the Department of Homeland Security shall not 


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1 be required to maintain current accreditation by 

2 the NCCHC or to seek accreditation by the 

3 JCAHO. 

4 (8) TRANSLATION CAPABILITIES.—The employ5 ment of detention facility staff that, to the extent 

6 practicable, are qualified in the languages rep7 resented in the population of detainees at a deten8 tion facility, and the provision of alternative trans9 lation services when necessary. 

10 (9) RECREATIONAL PROGRAMS AND ACTIVI11 TIES.—Frequent access to indoor and outdoor rec12 reational programs and activities. 

13 (c) Special Standards for Noncriminal Detainees.— 

14 The Secretary shall promulgate new standards, or modi15 fications to existing standards, that— 

16 (1) recognize the distinctions between persons 

17 with criminal convictions or a history of violent be18 havior and all other detainees; and 

19 (2) ensure that procedures and conditions of 

20 detention are appropriate for a noncriminal, non21 violent population. 

22 (d) SPECIAL STANDARDS FOR SPECIFIC POPU23 LATIONS.—The Secretary shall promulgate new stand24 ards, or modifications to existing standards, that— 

25 (1) recognize the unique needs of— 


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1 (A) victims of persecution, torture, traf2 ficking, and domestic violence; 

3 (B) families with children; 

4 (C) detainees who do not speak English; 

5 and 

6 (D) detainees with special religious, cul7 tural, or spiritual considerations; and 

8 (2) ensure that procedures and conditions of 

9 detention are appropriate for the populations de10 scribed in paragraph (1). 

11 (e) TRAINING OF PERSONNEL.— 

12 (1) IN GENERAL.—The Secretary shall ensure 

13 that personnel in detention facilities are given spe14 cialized training to better understand and work with 

15 the population of detainees held at the facilities 

16 where such personnel work. The training should ad17 dress the unique needs of— 

18 (A) aliens who have established credible 

19 fear of persecution; 

20 (B) victims of torture or other trauma and 

21 victims of persecution, trafficking, and domestic 

22 violence; and 

23 (C) families with children, detainees who 

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1 cial religious, cultural, or spiritual consider2 ations. 

3 (2) SPECIALIZED TRAINING.—The training re4 quired by this subsection shall be designed to better 

5 enable personnel to work with detainees from dif6 ferent countries, and detainees who cannot speak 

7 English. The training shall emphasize that many de8 tainees have no criminal records and are being held 

9 for civil violations. 

10 (f) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

11 section shall be construed to create any right, benefit, 

12 trust, or responsibility, whether substantive or procedural, 

13 enforceable in law or equity by a party against the United 

14 States, its departments, agencies, instrumentalities, enti15 ties, officers, employees, or agents, or any person, nor does 

16 this section create any right of review in any administra17 tive, judicial, or other proceeding. 

18 SEC. 147. OFFICE OF DETENTION OVERSIGHT. 

19 (a) ESTABLISHMENT OF THE OFFICE.— 

20 (1) IN GENERAL.—There shall be established 

21 within the Department an Office of Detention Over22 sight (in this section referred to as the ‘‘Office’’). 

23 (2) HEAD OF THE OFFICE.—There shall be at 

24 the head of the Office an Administrator. At the dis25 cretion of the Secretary, the Administrator of the 


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1 Office shall be appointed by, and shall report to, ei2 ther the Secretary or the Assistant Secretary of 

3 Homeland Security for United States Immigration 

4 and Customs Enforcement. The Office shall be inde5 pendent of the Office of Detention and Removal Op6 erations, but shall be subject to the supervision and 

7 direction of the Secretary or Assistant Secretary. 

8 (3) SCHEDULE.—The Office shall be estab9 lished and the Administrator of the Office appointed 

10 not later than 6 months after the date of the enact11 ment of this Act. 

12 (b) RESPONSIBILITIES OF THE OFFICE.— 

13 (1) INSPECTIONS OF DETENTION CENTERS.— 

14 The Administrator of the Office shall— 

15 (A) undertake regular and, where appro16 priate, unannounced inspections of all detention 

17 facilities; 

18 (B) develop a procedure for any detainee 

19 or the detainee’s representative to file a con20 fidential written complaint directly with the Of21 fice; and 

22 (C) report to the Secretary and to the As23 sistant Secretary all findings of a detention fa24 cility’s noncompliance with detention standards. 


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1 (2) INVESTIGATIONS.—The Administrator of 

2 the Office shall— 

3 (A) initiate investigations, as appropriate, 

4 into allegations of systemic problems at deten5 tion facilities or incidents that constitute seri6 ous violations of detention standards; 

7 (B) conduct any review or audit relating to 

8 detention as directed by the Secretary or the 

9 Assistant Secretary; 

10 (C) report to the Secretary and the Assist11 ant Secretary the results of all investigations, 

12 reviews, or audits; and 

13 (D) refer matters, where appropriate, for 

14 further action to— 

15 (i) the Department of Justice; 

16 (ii) the Office of the Inspector Gen17 eral of the Department; 

18 (iii) the Office of Civil Rights and 

19 Civil Liberties of the Department; or 

20 (iv) any other relevant office or agen21 cy. 

22 (3) REPORT TO CONGRESS.— 

23 (A) IN GENERAL.—The Administrator of 

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1 ary and the Committee on Homeland Security 

2 and Governmental Affairs of the Senate, and 

3 the Committee on the Judiciary and the Com4 mittee on Homeland Security of the House of 

5 Representatives an annual report on the Ad6 ministrator’s findings on detention conditions 

7 and the results of the completed investigations 

8 carried out by the Administrator. 

9 (B) CONTENTS OF REPORT.—Each report 

10 required by subparagraph (A) shall include— 

11 (i) a description of— 

12 (I) each detention facility found 

13 to be in noncompliance with the 

14 standards for detention required by 

15 this subtitle; and 

16 (II) the actions taken by the De17 partment to remedy any findings of 

18 noncompliance or other identified 

19 problems; and 

20 (ii) information regarding whether 

21 such actions were successful and resulted 

22 in compliance with detention standards. 

23 (c) COOPERATION WITH OTHER OFFICES AND

24 AGENCIES.—Whenever appropriate, the Administrator of 


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1 the Office shall cooperate and coordinate its activities 

2 with— 

3 (1) the Office of the Inspector General of the 

4 Department; 

5 (2) the Office of Civil Rights and Civil Liberties 

6 of the Department; 

7 (3) the Privacy Officer of the Department; 

8 (4) the Department of Justice; or 

9 (5) any other relevant office or agency. 

10 SEC. 148. SECURE ALTERNATIVES PROGRAM. 

11 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

12 shall establish a secure alternatives program under which 

13 an alien who has been detained may be released under en14 hanced supervision to prevent the alien from absconding 

15 and to ensure that the alien makes appearances related 

16 to such detention. 

17 (b) PROGRAM REQUIREMENTS.— 

18 (1) NATIONWIDE IMPLEMENTATION.—The Sec19 retary shall facilitate the development of the secure 

20 alternatives program on a nationwide basis, as a 

21 continuation of existing pilot programs such as the 

22 Intensive Supervision Appearance Program devel23 oped by the Department. 

24 (2) UTILIZATION OF ALTERNATIVES.—In facili25 tating the development of the secure alternatives 


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1 program, the Secretary shall have discretion to uti2 lize a continuum of alternatives to a supervision of 

3 the alien, including placement of the alien with an 

4 individual or organizational sponsor, or in a super5 vised group home. 

6 (3) ALIENS ELIGIBLE FOR SECURE ALTER7 NATIVES PROGRAM.— 

8 (A) IN GENERAL.—Aliens who would oth9 erwise be subject to detention based on a con10 sideration of the release criteria in section 

11 236(b)(2), or who are released pursuant to sec12 tion 236(c)(2), shall be considered for the se13 cure alternatives program. 

14 (B) DESIGN OF PROGRAMS.—In developing 

15 the secure alternatives program, the Secretary 

16 shall take into account the extent to which the 

17 program includes only those alternatives to de18 tention that reasonably and reliably ensure— 

19 (i) the alien’s continued presence at 

20 all future immigration proceedings; 

21 (ii) the alien’s compliance with any fu22 ture order or removal; and 

23 (iii) the public safety or national secu24 rity. 


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1 (C) CONTINUED EVALUATION.—The Sec2 retary shall evaluate regularly the effectiveness 

3 of the program, including the effectiveness of 

4 the particular alternatives to detention used 

5 under the program, and make such modifica6 tions as the Secretary deems necessary to im7 prove the program’s effectiveness or to deter 

8 abuse. 

9 (4) CONTRACTS AND OTHER CONSIDER10 ATIONS.—The Secretary may enter into contracts 

11 with qualified nongovernmental entities to implement 

12 the secure alternatives program and, in designing 

13 such program, shall consult with relevant experts 

14 and consider programs that have proven successful 

15 in the past. 

16 SEC. 149. LESS RESTRICTIVE DETENTION FACILITIES. 

17 (a) CONSTRUCTION.—To the extent practicable, the 

18 Secretary shall facilitate the construction or use of secure 

19 but less restrictive detention facilities for the purpose of 

20 long-term detention where detainees are held longer than 

21 72 hours. 

22 (b) CRITERIA.—In pursuing the development of de23 tention facilities pursuant to this section, the Secretary 

24 shall— 


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1 (1) consider the design, operation, and condi2 tions of existing secure but less restrictive detention 

3 facilities; and 

4 (2) to the extent practicable, construct or use 

5 detention facilities where— 

6 (A) movement within and between indoor 

7 and outdoor areas of the facility is subject to 

8 minimal restrictions; 

9 (B) detainees have ready access to social, 

10 psychological, and medical services; 

11 (C) detainees with special needs, including 

12 those who have experienced trauma or torture, 

13 have ready access to services and treatment ad14 dressing their needs; 

15 (D) detainees have frequent access to pro16 grams and recreation; 

17 (E) detainees are permitted contact visits 

18 with legal representatives and family members; 

19 and 

20 (F) special facilities are provided to fami21 lies with children. 

22 (c) FACILITIES FOR FAMILIES WITH CHILDREN.— 

23 In any case in which release or secure alternatives pro24 grams are not a practicable option, the Secretary shall, 

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1 cilities for the purposes of long-term detention where de2 tainees are held longer than 72 hours are specifically de3 signed to house parents with their minor children, includ4 ing ensuring that— 

5 (1) procedures and conditions of detention are 

6 appropriate for families with minor children; and 

7 (2) living and sleeping quarters for children 

8 under 14 years of age are not physically separated 

9 from at least 1 of the child’s parents. 

10 (d) PLACEMENT IN NONPUNITIVE FACILITIES.— 

11 Among the factors to be considered with respect to placing 

12 a detainee in a less restrictive facility is whether the de13 tainee is— 

14 (1) part of a family with minor children; 

15 (2) a victim of persecution, torture, trafficking, 

16 or domestic violence; or 

17 (3) a nonviolent, noncriminal detainee. 

18 (e) PROCEDURES AND STANDARDS.—Where nec19 essary, the Secretary shall promulgate new standards, or 

20 modify existing detention standards, to promote the devel21 opment of less restrictive detention facilities. 

22 (f) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

23 section shall be construed to create any right, benefit, 

24 trust, or responsibility, whether substantive or procedural, 

25 enforceable in law or equity by a party against the United 


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1 States, its departments, agencies, instrumentalities, enti2 ties, officers, employees, or agents, or any person, nor does 

3 this section create any right of review in any administra4 tive, judicial, or other proceeding. 

5 SEC. 150. AUTHORIZATION OF APPROPRIATIONS; EFFEC6 TIVE DATE. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary to carry out this subtitle. 

10 (b) EFFECTIVE DATE.—This subtitle and the amend11 ments made by this subtitle shall take effect on the date 

12 that is 180 days after the date of the enactment of this 

13 Act. 

14 TITLE II—INTERIOR 

15 ENFORCEMENT 

16 SEC. 201. ADDITIONAL IMMIGRATION PERSONNEL. 

17 (a) DEPARTMENT OF HOMELAND SECURITY.— 

18 (1) TRIAL ATTORNEYS.—In each of the fiscal 

19 years 2008 through 2012, the Secretary, subject to 

20 the availability of appropriations for such purpose, 

21 shall increase the number of positions for attorneys 

22 in the Office of General Counsel of the Department 

23 who represent the Department in immigration mat24 ters by not less than 100 compared to the number 


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1 of such positions for which funds were made avail2 able during the preceding fiscal year. 

3 (2) USCIS ADJUDICATORS.—In each of the fis4 cal years 2008 through 2012, the Secretary, subject 

5 to the availability of appropriations for such pur6 pose, shall increase the number of positions for adju7 dicators in the United States Citizenship and Immi8 gration Service by not less than 100 compared to 

9 the number of such positions for which funds were 

10 made available during the preceding fiscal year. 

11 (3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated to the Sec13 retary for each of the fiscal years 2008 through 

14 2012 such sums as may be necessary to carry out 

15 paragraphs (1) and (2). 

16 (b) DEPARTMENT OF JUSTICE.— 

17 (1) JUDICIAL CLERKS.—The Attorney General 

18 shall, subject to the availability of appropriations for 

19 such purpose, appoint necessary law clerks for immi20 gration judges and Board of Immigration Appeals 

21 members of no less than one per judge and member. 

22 A law clerk appointed under this section shall be ex23 empt from the provisions of subchapter I of chapter 

24 63 of title 5 [5 USCS §§ 6301 et seq.]. 


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1 (2) LITIGATION ATTORNEYS.—In each of the 

2 fiscal years 2008 through 2012, the Attorney Gen3 eral, subject to the availability of appropriations for 

4 such purpose, shall increase the number of positions 

5 for attorneys in the Office of Immigration Litigation 

6 by not less than 50 compared to the number of such 

7 positions for which funds were made available during 

8 the preceding fiscal year. 

9 (3) UNITED STATES ATTORNEYS.—In each of 

10 the fiscal years 2008 through 2012, the Attorney 

11 General, subject to the availability of appropriations 

12 for such purpose, shall increase the number of attor13 neys in the United States Attorneys’ office to litigate 

14 immigration cases in the Federal courts by not less 

15 than 50 compared to the number of such positions 

16 for which funds were made available during the pre17 ceding fiscal year. 

18 (4) IMMIGRATION JUDGES.—In each of the fis19 cal years 2008 through 2012, the Attorney General, 

20 subject to the availability of appropriations for such 

21 purpose, shall— 

22 (A) increase by not less than 20 the num23 ber of full-time immigration judges compared to 

24 the number of such positions for which funds 


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1 were made available during the preceding fiscal 

2 year; and 

3 (B) increase by not less than 80 the num4 ber of positions for personnel to support the im5 migration judges described in subparagraph (A) 

6 compared to the number of such positions for 

7 which funds were made available during the 

8 preceding fiscal year. 

9 (5) BOARD OF IMMIGRATION APPEALS MEM10 BERS.—The Attorney General shall, subject to the 

11 availability of appropriations, increase by 10 the 

12 number members of the Board of Immigration Ap13 peals over the number of members serving on the 

14 date of enactment of this Act. 

15 (6) STAFF ATTORNEYS.—In each of the fiscal 

16 years 2008 through 2012, the Attorney General 

17 shall, subject to the availability of appropriations for 

18 such purpose— 

19 (A) increase the number of positions for 

20 full-time staff attorneys in the Board of Immi21 gration Appeals by not less than 20 compared 

22 to the number of such positions for which funds 

23 were made available during the preceding fiscal 

24 year; and 


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1 (B) increase the number of positions for 

2 personnel to support the staff attorneys de3 scribed in subparagraph (A) by not less than 10 

4 compared to the number of such positions for 

5 which funds were made available during the 

6 preceding fiscal year. 

7 (7) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated to the At9 torney General for each of the fiscal years 2008 

10 through 2012 such sums as may be necessary to 

11 carry out this subsection, including the hiring of 

12 necessary support staff. 

13 (c) ADMINISTRATIVE OFFICE OF THE UNITED

14 STATES COURTS.—In each of the fiscal years 2008 

15 through 2012, the Director of the Administrative Office 

16 of the United States Courts, subject to the availability of 

17 appropriations, shall increase the number of attorneys in 

18 the Federal Defenders Program who litigate criminal im19 migration cases in the Federal courts by not less than 50 

20 compared to the number of such positions for which funds 

21 were made available during the preceding fiscal year. 

22 (d) LEGAL ORIENTATION PROGRAM.— 

23 (1) CONTINUED OPERATION.—The Director of 

24 the Executive Office for Immigration Review shall 

25 continue to operate a legal orientation program to 


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1 provide basic information about immigration court 

2 procedures for immigration detainees and shall ex3 pand the legal orientation program to provide such 

4 information on a nationwide basis. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated such sums 

7 as may be necessary to carry out such legal orienta8 tion program. 

9 SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED 

10 REMOVED. 

11 (a) IN GENERAL.— 

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

13 1231(a)) is amended— 

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

15 first place it appears, except for the first ref16 erence in clause (a)(4)(B)(i), and inserting 

17 ‘‘Secretary of Homeland Security’’; 

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

19 other place it appears and inserting ‘‘Sec20 retary’’; 

21 (C) in paragraph (1)— 

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

23 clause (ii) to read as follows: 

24 ‘‘(ii) If a court, the Board of Immi25 gration Appeals, or an immigration judge 


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1 orders a stay of the removal of the alien, 

2 the expiration date of the stay of re3 moval.’’; 

4 (ii) by amending subparagraph (C) to 

5 read as follows: 

6 ‘‘(C) EXTENSION OF PERIOD.—The re7 moval period shall be extended beyond a period 

8 of 90 days and the alien may remain in deten9 tion during such extended period if the alien 

10 fails or refuses to— 

11 ‘‘(i) make all reasonable efforts to 

12 comply with the removal order; or 

13 ‘‘(ii) fully cooperate with the Sec14 retary’s efforts to establish the alien’s 

15 identity and carry out the removal order, 

16 including failing to make timely application 

17 in good faith for travel or other documents 

18 necessary to the alien’s departure, or con19 spiring or acting to prevent the alien’s re20 moval.’’; and 

21 (iii) by adding at the end the fol22 lowing: 

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

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

25 not in the custody of the Secretary under the 


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1 authority of this Act, the removal period shall 

2 not begin until the alien is taken into such cus3 tody. If the Secretary lawfully transfers custody 

4 of the alien during the removal period to an5 other Federal agency or to a State or local gov6 ernment agency in connection with the official 

7 duties of such agency, the removal period shall 

8 be tolled, and shall recommence on the date on 

9 which the alien is returned to the custody of the 

10 Secretary.’’; 

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

12 the following: ‘‘If a court, the Board of Immi13 gration Appeals, or an immigration judge or14 ders a stay of removal of an alien who is sub15 ject to an administrative final order of removal, 

16 the Secretary, in the exercise of discretion, may 

17 detain the alien during the pendency of such 

18 stay of removal.’’; 

19 (E) in paragraph (3), by amending sub20 paragraph (D) to read as follows: 

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

22 alien’s conduct or activities, or to perform af23 firmative acts, that the Secretary prescribes for 

24 the alien— 


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1 ‘‘(i) to prevent the alien from ab2 sconding; 

3 ‘‘(ii) for the protection of the commu4 nity; or 

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

6 enforcement of the immigration laws.’’; 

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

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

9 period, in the discretion of the Secretary, with10 out any limitations other than those specified in 

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

12 alien is released, the alien’’; 

13 (G) by redesignating paragraph (7) as 

14 paragraph (10); and 

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

16 following: 

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

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

19 Secretary of Homeland Security, in the Secretary’s 

20 discretion, may parole the alien under section 

21 212(d)(5) and may provide, notwithstanding section 

22 212(d)(5), that the alien shall not be returned to 

23 custody unless either the alien violates the conditions 

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


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1 reasonably foreseeable, provided that in no cir2 cumstance shall such alien be considered admitted. 

3 ‘‘(8) ADDITIONAL RULES FOR DETENTION OR

4 RELEASE OF ALIENS.—The following procedures 

5 shall apply to an alien detained under this section: 

6 ‘‘(A) DETENTION REVIEW PROCESS FOR

7 ALIENS WHO HAVE EFFECTED AN ENTRY AND

8 FULLY COOPERATE WITH REMOVAL.—The Sec9 retary of Homeland Security shall establish an 

10 administrative review process to determine 

11 whether an alien described in subparagraph (B) 

12 should be detained or released after the removal 

13 period in accordance with this paragraph. 

14 ‘‘(B) ALIEN DESCRIBED.—An alien is de15 scribed in this subparagraph if the alien— 

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

17 United States; 

18 ‘‘(ii) has made all reasonable efforts 

19 to comply with the alien’s removal order; 

20 ‘‘(iii) has cooperated fully with the 

21 Secretary’s efforts to establish the alien’s 

22 identity and to carry out the removal 

23 order, including making timely application 

24 in good faith for travel or other documents 

25 necessary for the alien’s departure; and 


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

2 prevent removal. 

3 ‘‘(C) EVIDENCE.—In making a determina4 tion under subparagraph (A), the Secretary— 

5 ‘‘(i) shall consider any evidence sub6 mitted by the alien; 

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

8 including— 

9 ‘‘(I) any information or assist10 ance provided by the Department of 

11 State or other Federal agency; and 

12 ‘‘(II) any other information avail13 able to the Secretary pertaining to the 

14 ability to remove the alien. 

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

16 BEYOND REMOVAL PERIOD.—The Secretary, in 

17 the exercise of the Secretary’s discretion and 

18 without any limitations other than those speci19 fied in this section, may detain an alien for 90 

20 days beyond the removal period (including any 

21 extension of the removal period under para22 graph (1)(C)). 

23 ‘‘(E) AUTHORITY TO DETAIN FOR ADDI24 TIONAL PERIOD.—The Secretary, in the exer25 cise of the Secretary’s discretion and without 


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1 any limitations other than those specified in 

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

3 day period authorized under subparagraph (D) 

4 until the alien is removed, if the Secretary— 

5 ‘‘(i) determines that there is a signifi6 cant likelihood that the alien will be re7 moved in the reasonably foreseeable future; 

8 or 

9 ‘‘(ii) certifies in writing— 

10 ‘‘(I) in consultation with the Sec11 retary of Health and Human Services, 

12 that the alien has a highly contagious 

13 disease that poses a threat to public 

14 safety; 

15 ‘‘(II) after receipt of a written 

16 recommendation from the Secretary of 

17 State, that the release of the alien 

18 would likely have serious adverse for19 eign policy consequences for the 

20 United States; 

21 ‘‘(III) based on information avail22 able to the Secretary (including classi23 fied, sensitive, or national security in24 formation, and regardless of the 

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1 dered removed), that there is reason 

2 to believe that the release of the alien 

3 would threaten the national security 

4 of the United States; 

5 ‘‘(IV) that— 

6 ‘‘(aa) the release of the alien 

7 would threaten the safety of the 

8 community or any person, and 

9 conditions of release cannot rea10 sonably be expected to ensure the 

11 safety of the community or any 

12 person; and 

13 ‘‘(bb) the alien— 

14 ‘‘(AA) has been con15 victed of 1 or more aggra16 vated felonies (as defined in 

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

18 1 or more attempts or con19 spiracies to commit any such 

20 aggravated felonies for an 

21 aggregate term of imprison22 ment of at least 5 years; or 

23 (BB) has committed a 

24 crime of violence (as defined 

25 in section 16 of title 18, 


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1 United States Code, but not 

2 including a purely political 

3 offense) and, because of a 

4 mental condition or person5 ality disorder and behavior 

6 associated with that condi7 tion or disorder, is likely to 

8 engage in acts of violence in 

9 the future; or 

10 ‘‘(V) that— 

11 ‘‘(aa) the release of the alien 

12 would threaten the safety of the 

13 community or any person, 

14 notwithstanding conditions of re15 lease designed to ensure the safe16 ty of the community or any per17 son; and 

18 ‘‘(bb) the alien has been 

19 convicted of 1 or more aggra20 vated felonies (as defined in sec21 tion 101(a)(43)) for which the 

22 alien was sentenced to an aggre23 gate term of imprisonment of not 

24 less than 1 year. 


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1 ‘‘(F) ATTORNEY GENERAL REVIEW.—If 

2 the Secretary authorizes an extension of deten3 tion under subparagraph (E), the alien may 

4 seek review of that determination before the At5 torney General. If the Attorney General con6 cludes that the alien should be released, then 

7 the Secretary shall release the alien pursuant to 

8 subparagraph (I). The Attorney General, in 

9 consultation with the Secretary, shall promul10 gate regulations governing review under this 

11 paragraph. 

12 ‘‘(G) ADMINISTRATIVE REVIEW PROC13 ESS.—The Secretary, without any limitations 

14 other than those specified in this section, may 

15 detain an alien pending a determination under 

16 subparagraph (E)(ii), if the Secretary has initi17 ated the administrative review process identified 

18 in subparagraph (A) not later than 30 days 

19 after the expiration of the removal period (in20 cluding any extension of the removal period 

21 under paragraph (1)(C)). 

22 ‘‘(H) RENEWAL AND DELEGATION OF CER23 TIFICATION.— 

24 ‘‘(i) RENEWAL.—The Secretary may 

25 renew a certification under subparagraph 


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

2 after providing the alien with an oppor3 tunity to request reconsideration of the 

4 certification and to submit documents or 

5 other evidence in support of that request. 

6 If the Secretary does not renew such cer7 tification, the Secretary shall release the 

8 alien, pursuant to subparagraph (I). If the 

9 Secretary authorizes an extension of deten10 tion under paragraph (E), the alien may 

11 seek review of that determination before 

12 the Attorney General. If the Attorney Gen13 eral concludes that the alien should be re14 leased, then the Secretary shall release the 

15 alien pursuant to subparagraph (I). 

16 ‘‘(ii) DELEGATION.—Notwithstanding 

17 any other provision of law, the Secretary 

18 may not delegate the authority to make or 

19 renew a certification described in subclause 

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

21 below the level of the Assistant Secretary 

22 for Immigration and Customs Enforce23 ment. 

24 ‘‘(iii) HEARING.—The Secretary may 

25 request that the Attorney General, or a 


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1 designee of the Attorney General, provide 

2 for a hearing to make the determination 

3 described in subparagraph 

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

5 ‘‘(I) RELEASE ON CONDITIONS.—If it is 

6 determined that an alien should be released 

7 from detention, the Secretary may, in the Sec8 retary’s discretion, impose conditions on release 

9 in accordance with the regulations prescribed 

10 pursuant to paragraph (3). 

11 ‘‘(J) REDETENTION.—The Secretary, with12 out any limitations other than those specified in 

13 this section, may detain any alien subject to a 

14 final removal order who has previously been re15 leased from custody if— 

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

17 conditions of release; 

18 ‘‘(ii) the alien fails to continue to sat19 isfy the conditions described in subpara20 graph (B); or 

21 ‘‘(iii) upon reconsideration, the Sec22 retary determines that the alien can be de23 tained under subparagraph (E). 

24 ‘‘(K) APPLICABILITY.—This paragraph 

25 and paragraphs (6) and (7) shall apply to any 


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1 alien returned to custody under subparagraph 

2 (I) as if the removal period terminated on the 

3 day of the redetention. 

4 ‘‘(L) DETENTION REVIEW PROCESS FOR

5 ALIENS WHO HAVE EFFECTED AN ENTRY AND

6 FAIL TO COOPERATE WITH REMOVAL.—The 

7 Secretary shall detain an alien until the alien 

8 makes all reasonable efforts to comply with a 

9 removal order and to cooperate fully with the 

10 Secretary’s efforts, if the alien— 

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

12 United States; and 

13 ‘‘(ii)(I) and the alien faces a signifi14 cant likelihood that the alien will be re15 moved in the reasonably foreseeable future, 

16 or would have been removed if the alien 

17 had not— 

18 ‘‘(aa) failed or refused to make 

19 all reasonable efforts to comply with a 

20 removal order; 

21 ‘‘(bb) failed or refused to fully 

22 cooperate with the Secretary’s efforts 

23 to establish the alien’s identity and 

24 carry out the removal order, including 

25 the failure to make timely application 


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1 in good faith for travel or other docu2 ments necessary to the alien’s depar3 ture; or 

4 ‘‘(cc) conspired or acted to pre5 vent removal; or 

6 ‘‘(II) the Secretary makes a certifi7 cation as specified in subparagraph (E), or 

8 the renewal of a certification specified in 

9 subparagraph (H). 

10 ‘‘(M) DETENTION REVIEW PROCESS FOR

11 ALIENS WHO HAVE NOT EFFECTED AN

12 ENTRY.—Except as otherwise provided in this 

13 subparagraph, the Secretary shall follow the 

14 guidelines established in section 241.4 of title 8, 

15 Code of Federal Regulations, when detaining 

16 aliens who have not effected an entry. The Sec17 retary may decide to apply the review process 

18 outlined in this paragraph. 

19 ‘‘(9) JUDICIAL REVIEW.—Judicial review of any 

20 action or decision made pursuant to paragraph (6), 

21 (7), or (8) shall be available exclusively in a habeas 

22 corpus proceeding brought in a United States dis23 trict court and only if the alien has exhausted all ad24 ministrative remedies (statutory and nonstatutory) 

25 available to the alien as of right.’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1)— 

3 (A) shall take effect on the date of the en4 actment of this Act; and 

5 (B) shall apply to— 

6 (i) any alien subject to a final admin7 istrative removal, deportation, or exclusion 

8 order that was issued before, on, or after 

9 the date of the enactment of this Act, un10 less (a) that order was issued and the alien 

11 was subsequently released or paroled be12 fore the enactment of this Act and (b) the 

13 alien has complied with and remains in 

14 compliance with the terms and conditions 

15 of that release or parole; and 

16 (ii) any act or condition occurring or 

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

18 enactment of this Act. 

19 SEC. 203. AGGRAVATED FELONY. 

20 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

21 101(a)( 43) (8 U.S.C. 1101(a)(43)) is amended— 

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

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

24 provision of law, the term ‘aggravated felony’ applies 

25 to an offense described in this paragraph, whether in 


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1 violation of Federal or State law, and to such an of2 fense in violation of the law of a foreign country for 

3 which the term of imprisonment was completed with4 in the previous 15 years, and regardless of whether 

5 the conviction was entered before, on, or after Sep6 tember 30, 1996, and means—’’; 

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

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

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

10 or not the minority of the victim is established by 

11 evidence contained in the record of conviction or by 

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

13 (3) in subparagraph (N), by striking ‘‘para14 graph (1)(A) or (2) of’’; and 

15 (4) by striking the undesignated matter fol16 lowing subparagraph (U). 

17 (b) EFFECTIVE DATE AND APPLICATION.— 

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

19 subsection (a) shall— 

20 (A) take effect on the date of the enact21 ment of this Act; and 

22 (B) apply to any conviction that occurred 

23 on or after the date of the enactment of this 

24 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. INADMISSIBILITY AND DEPORTABILITY OF GANG 

10 MEMBERS. 

11 (a) DEFINITION OF CRIMINAL GANG.—Section 

12 101(a) (8 U.S.C. 1101(a)) is amended by inserting after 

13 paragraph (51) the following: 

14 ‘‘(52)(A) The term ‘criminal gang’ means an 

15 ongoing group, club, organization, or association of 

16 5 or more persons— 

17 ‘‘(i) that has, as 1 of its primary purposes, 

18 the commission of 1 or more of the criminal of19 fenses described in subparagraph (B); and 

20 ‘‘(ii) the members of which engage, or have 

21 engaged within the past 5 years, in a con22 tinuing series of offenses described in subpara23 graph (B). 

24 ‘‘(B) Offenses described in this subparagraph, 

25 whether in violation of Federal or State law or in 


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1 violation of the law of a foreign country, regardless 

2 of whether charged, and regardless of whether the 

3 conduct occurred before, on, or after the date of the 

4 enactment of this paragraph, are— 

5 ‘‘(i) a felony drug offense (as defined in 

6 section 102 of the Controlled Substances Act 

7 (21 U.S.C. 802)); 

8 ‘‘(ii) a felony offense involving firearms or 

9 explosives, including a violation of section 

10 924(c), 924(h), or 931 of title 18 (relating to 

11 purchase, ownership, or possession of body 

12 armor by violent felons); 

13 ‘‘(iii) an offense under section 274 (relat14 ing to bringing in and harboring certain aliens), 

15 section 277 (relating to aiding or assisting cer16 tain aliens to enter the United States), or sec17 tion 278 (relating to the importation of an alien 

18 for immoral purpose); 

19 ‘‘(iv) a felony crime of violence as defined 

20 in section 16 of title 18, United States Code, 

21 which is punishable by a sentence of imprison22 ment of 5 years or more, including first degree 

23 murder, arson, possession, brandishment, or 

24 discharge of firearm in connection with crime of 

25 violence or drug trafficking offense, use of a 


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1 short-barreled or semi-automatic weapons, use 

2 of a machine gun, murder of individuals in3 volved in aiding a Federal investigation, kidnap4 ping, bank robbery if death results or a hostage 

5 is kidnapped, sexual exploitation and other 

6 abuse of children, selling or buying of children, 

7 activities relating to material involving the sex8 ual exploitation of a minor, activities relating to 

9 material constituting or containing child por10 nography, or illegal transportation of a minor; 

11 ‘‘(v) a crime involving obstruction of jus12 tice; tampering with or retaliating against a 

13 witness, victim, or informant; or burglary; 

14 ‘‘(vi) any conduct punishable under sec15 tions 1028 and 1029 of title 18, United States 

16 Code (relating to fraud and related activity in 

17 connection with identification documents or ac18 cess devices), sections 1581 through 1594 of 

19 such title (relating to peonage, slavery and traf20 ficking in persons), section 1952 of such title 

21 (relating to interstate and foreign travel or 

22 transportation in aid of racketeering enter23 prises), section 1956 of such title (relating to 

24 the laundering of monetary instruments), sec25 tion 1957 of such title (relating to engaging in 


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1 monetary transactions in property derived from 

2 specified unlawful activity), or sections 2312 

3 through 2315 of such title (relating to inter4 state transportation of stolen motor vehicles or 

5 stolen property); and 

6 ‘‘(vii) a conspiracy to commit an offense 

7 described in clause (i) through (vi).’’. 

8 (b) INADMISSIBILITY.—Section 212(a)(2) (8 U.S.C. 

9 1182(a)(2)) is amended— 

10 (1) by redesignating subparagraph (F) as sub11 paragraph (L); and 

12 (2) by inserting after subparagraph (E) the fol13 lowing: 

14 ‘‘(F) ALIENS ASSOCIATED WITH CRIMINAL

15 GANGS.—Unless the Secretary of Homeland Se16 curity or the Attorney General waives the appli17 cation of this subparagraph, any alien who a 

18 consular officer, the Attorney General, or the 

19 Secretary of Homeland Security knows or has 

20 reason to believe participated in a criminal 

21 gang, knowing or having reason to know that 

22 such participation promoted, furthered, aided, 

23 or supported the illegal activity of the gang, is 

24 inadmissible.’’. 


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1 (c) DEPORTABILITY.—Section 237(a)(2) (8 U.S.C. 

2 1227(a)(2)) is amended by adding at the end the fol3 lowing: 

4 ‘‘(F) ALIENS ASSOCIATED WITH CRIMINAL

5 GANGS.—Any alien, in or admitted to the 

6 United States, who at any time has participated 

7 in a criminal gang, knowing or having reason to 

8 know that such participation promoted, 

9 furthered, aided, or supported the illegal activ10 ity of the gang is deportable. The Secretary of 

11 Homeland Security or the Attorney General 

12 may waive the application of this subpara13 graph.’’. 

14 (d) TEMPORARY PROTECTED STATUS.—Section 244 

15 (8 U.S.C. 1254a) is amended— 

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

17 it appears and inserting ‘‘Secretary of Homeland Se18 curity’’; 

19 (2) in subparagraph (c)(2)(B)— 

20 (A) in clause (i), by striking ‘‘or’’ and in21 serting a semicolon; 

22 (B) in clause (ii), by striking the period at 

23 the end and inserting ‘‘or’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(iii) the alien participates in, or at 

2 any time after admission has participated 

3 in, knowing or having reason to know that 

4 such participation promoted, furthered, 

5 aided, or supported the illegal activity of 

6 the gang, the activities of a criminal 

7 gang.’’; and 

8 (3) in subsection (d)— 

9 (A) in paragraph (2)— 

10 (i) by striking ‘‘Subject to paragraph 

11 (3), such’’ and inserting ‘‘Such’’; and 

12 (ii) by striking ‘‘(under paragraph 

13 (3))’’; 

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

15 (C) by redesignating paragraph (4) as 

16 paragraph (3); and 

17 (D) in paragraph (3), as redesignated, by 

18 adding at the end the following: ‘‘The Secretary 

19 of Homeland Security may detain an alien pro20 vided temporary protected status under this 

21 section whenever appropriate under any other 

22 provision.’’. 

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1 ISTER AND REQUIRING DEPORTATION OF SEX OFFEND2 ERS FAILING TO REGISTER.— 

3 (1) INADMISSIBILITY.—Section 212(a)(2)(A)(i) 

4 (8 U.S.C. 1182(a)(2)(A)(i)), as amended by section 

5 209(a)(3), is further amended— 

6 (A) in subclause (II), by striking ‘‘or’’ at 

7 the end; 

8 (B) in subclause (III), by striking the 

9 comma at the end and inserting a semicolon; 

10 and 

11 (C) by inserting after subclause (III) the 

12 following: 

13 ‘‘(IV) a violation of section 2250 

14 of title 18, United States Code (relat15 ing to failure to register as a sex of16 fender); or’’. 

17 (2) DEPORTABILITY.—Section 237(a)(2)(A)(i) 

18 (8 U.S.C. 1227(a)(2)(A)(i)) is amended— 

19 (A) in subclause (I), by striking ‘‘, and’’ 

20 and inserting a semicolon; 

21 (B) in subclause (II), by striking the 

22 comma at the end and inserting ‘‘; or’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(III) a violation of section 2250 

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1 ing to failure to register as a sex of2 fender).’’. 

3 (f) PRECLUDING ADMISSIBILITY OF ALIENS CON4 VICTED OF SERIOUS CRIMINAL OFFENSES AND DOMESTIC

5 VIOLENCE, STALKING, CHILD ABUSE AND VIOLATION OF

6 PROTECTION ORDERS.— 

7 (1) INADMISSIBILITY ON CRIMINAL AND RE8 LATED GROUNDS; WAIVERS.—Section 212 (8 U.S.C. 

9 1182) is amended— 

10 (A) in subsection (a)(2), by adding at the 

11 end the following: 

12 ‘‘(J) CRIMES OF DOMESTIC VIOLENCE, 

13 STALKING, OR VIOLATION OF PROTECTIVE OR14 DERS; CRIMES AGAINST CHILDREN.— 

15 ‘‘(i) DOMESTIC VIOLENCE, STALKING, 

16 AND CHILD ABUSE.—Any alien who has 

17 been convicted of a crime of domestic vio18 lence, a crime of stalking, or a crime of 

19 child abuse, child neglect, or child aban20 donment, provided the alien served at least 

21 1 year’s imprisonment for the crime or 

22 provided the alien was convicted of or ad23 mitted to acts constituting more than 1 

24 such crime, not arising out of a single 

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1 sible. In this clause, the term ‘crime of do2 mestic violence’ means any crime of vio3 lence (as defined in section 16 of title 18, 

4 United States Code) against a person com5 mitted by a current or former spouse of 

6 the person, by an individual with whom the 

7 person shares a child in common, by an in8 dividual who is cohabiting with or has 

9 cohabited with the person as a spouse, by 

10 an individual similarly situated to a spouse 

11 of the person under the domestic or family 

12 violence laws of the jurisdiction where the 

13 offense occurs, or by any other individual 

14 against a person who is protected from 

15 that individual’s acts under the domestic 

16 or family violence laws of the United 

17 States or any State, Indian tribal govern18 ment, or unit of local or foreign govern19 ment. 

20 ‘‘(ii) VIOLATORS OF PROTECTION OR21 DERS.—Any alien who at any time is en22 joined under a protection order issued by 

23 a court and whom the court determines 

24 has engaged in conduct that constitutes 

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1 tection order that involves protection 

2 against credible threats of violence, re3 peated harassment, or bodily injury to the 

4 person or persons for whom the protection 

5 order was issued, is inadmissible. In this 

6 clause, the term ‘protection order’ means 

7 any injunction issued for the purpose of 

8 preventing violent or threatening acts of 

9 domestic violence, including temporary or 

10 final orders issued by civil or criminal 

11 courts (other than support or child custody 

12 orders or provisions) whether obtained by 

13 filing an independent action or as an inde14 pendent order in another proceeding. 

15 ‘‘(iii) APPLICABILITY.—This subpara16 graph shall not apply to an alien who has 

17 been battered or subjected to extreme cru18 elty and who is not and was not the pri19 mary perpetrator of violence in the rela20 tionship, upon a determination by the At21 torney General or the Secretary of Home22 land Security that— 

23 ‘‘(I) the alien was acting in self24 defense; 


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1 ‘‘(II) the alien was found to have 

2 violated a protection order intended to 

3 protect the alien; or 

4 ‘‘(III) the alien committed, was 

5 arrested for, was convicted of, or pled 

6 guilty to committing a crime that did 

7 not result in serious bodily injury.’’; 

8 and 

9 (B) in subsection (h)— 

10 (i) by striking ‘‘The Attorney General 

11 may, in his discretion, waive the applica12 tion of subparagraphs (A)(i)(I), (B), (D), 

13 and (E) of subsection (a)(2)’’ and inserting 

14 ‘‘The Attorney General or the Secretary of 

15 Homeland Security may waive the applica16 tion of subparagraphs (A)(i)(I), (B), (D), 

17 (E), (F), (J), and (K) of subsection 

18 (a)(2)’’; and 

19 (ii) by inserting ‘‘or Secretary of 

20 Homeland Security’’ after ‘‘the Attorney 

21 General’’ each place it appears. 

22 (2) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall apply to any acts that oc24 curred on or after the date of the enactment of this 

25 Act. 


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1 SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO 

2 DRUNK DRIVING, ILLEGAL ENTRY, PERJURY, 

3 AND FIREARMS OFFENSES. 

4 (a) DRUNK DRIVING.— 

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

6 U.S.C. 1182(a)(2)) is amended by inserting after 

7 subparagraph (J), as added by section 204(f) the 

8 following: 

9 ‘‘(K) DRUNK DRIVERS.—Any alien who 

10 has been convicted of 1 felony for driving under 

11 the influence under Federal or State law, for 

12 which the alien was sentenced to more than 1 

13 year imprisonment, is inadmissible.’’ . 

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

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

16 the following: 

17 ‘‘(F) DRUNK DRIVERS.—Unless the Sec18 retary of Homeland Security or the Attorney 

19 General waives the application of this subpara20 graph, any alien who has been convicted of 1 

21 felony for driving under the influence under 

22 Federal or State law, for which the alien was 

23 sentenced to more than 1 year imprisonment, is 

24 deportable.’’. 

25 (3) CONFORMING AMENDMENT.—Section 

26 212(h) (8 U.S.C. 1182(h)) is amended— 


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1 (A) in the subsection heading, by striking 

2 ‘‘Subsection (a)(2)(A)(i)(I), (II), (B), (D), and 

3 (E)’’ and inserting ‘‘Certain Provisions in Sub4 section (a)(2)’’; and 

5 (B) in the matter preceding paragraph (1), 

6 by striking ‘‘and (E)’’ and inserting ‘‘(E), and 

7 (F)’’. 

8 (4) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall take effect on the date of the 

10 enactment of this Act and shall apply to convictions 

11 entered on or after such date. 

12 (b) ILLEGAL ENTRY.— 

13 (1) IN GENERAL.—Section 275 (8 U.S.C. 1325) 

14 is amended to read as follows: 

15 ‘‘SEC. 275. ILLEGAL ENTRY. 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

18 subject to the penalties set forth in paragraph (2) if 

19 the alien— 

20 ‘‘(A) knowingly enters or crosses the bor21 der into the United States at any time or place 

22 other than as designated by the Secretary of 

23 Homeland Security; 

24 ‘‘(B) knowingly eludes examination or in25 spection by an immigration officer (including 


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1 failing to stop at the command of such officer), 

2 or a customs or agriculture inspection at a port 

3 of entry; or 

4 ‘‘(C) knowingly enters or crosses the bor5 der to the United States by means of a know6 ingly false or misleading representation or the 

7 knowing concealment of a material fact (includ8 ing such representation or concealment in the 

9 context of arrival, reporting, entry, or clearance 

10 requirements of the customs laws, immigration 

11 laws, agriculture laws, or shipping laws). 

12 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

13 violates any provision under paragraph (1)— 

14 ‘‘(A) shall, for the first violation, be fined 

15 under title 18, United States Code, imprisoned 

16 not more than 6 months, or both; 

17 ‘‘(B) shall, for a second or subsequent vio18 lation, or following an order of voluntary depar19 ture, be fined under such title, imprisoned not 

20 more than 2 years, or both; 

21 ‘‘(C) if the violation occurred after the 

22 alien had been convicted of 3 or more mis23 demeanors or for a felony, shall be fined under 

24 such title, imprisoned not more than 10 years, 

25 or both; 


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1 ‘‘(D) if the violation occurred after the 

2 alien had been convicted of a felony for which 

3 the alien received a term of imprisonment of 

4 not less than 30 months, shall be fined under 

5 such title, imprisoned not more than 15 years, 

6 or both; and 

7 ‘‘(E) if the violation occurred after the 

8 alien had been convicted of a felony for which 

9 the alien received a term of imprisonment of 

10 not less than 60 months, such alien shall be 

11 fined under such title, imprisoned not more 

12 than 20 years, or both. 

13 ‘‘(3) PRIOR CONVICTIONS.—The prior convic14 tions described in subparagraphs (C) through (E) of 

15 paragraph (2) are elements of the offenses described 

16 in that paragraph and the penalties in such subpara17 graphs shall apply only in cases in which the convic18 tion or convictions that form the basis for the addi19 tional penalty are— 

20 ‘‘(A) alleged in the indictment or informa21 tion; and 

22 ‘‘(B) proven beyond a reasonable doubt at 

23 trial or admitted by the defendant. 

24 ‘‘(4) DURATION OF OFFENSE.—An offense 

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1 covered within the United States by an immigration 

2 officer. 

3 ‘‘(5) ATTEMPT.—Whoever attempts to commit 

4 any offense under this section shall be punished in 

5 the same manner as for a completion of such of6 fense. 

7 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN8 ALTIES.—Any alien who is apprehended while entering, at9 tempting to enter, or knowingly crossing or attempting to 

10 cross, the border to the United States at a time or place 

11 other than as designated by immigration officers shall be 

12 subject to a civil penalty, in addition to any criminal or 

13 other civil penalties that may be imposed under any other 

14 provision of law, in an amount equal to— 

15 ‘‘(1) not less than $50 and not more than $250 

16 for each such entry, crossing, attempted entry, or at17 tempted crossing; or 

18 ‘‘(2) twice the amount specified in paragraph 

19 (1) if the alien had previously been subject to a civil 

20 penalty under this subsection.’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents is amended by striking the item relating to sec23 tion 275 and inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

24 (3) EFFECTIVE DATE.—Section 275(a)(4) of 

25 the Immigration and Nationality Act, as added by 


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1 this Act, shall apply only to violations of section 

2 275(a)(1) committed on or after the date of the en3 actment of this Act. 

4 (c) PERJURY AND FALSE STATEMENTS.—Any person 

5 who willfully submits any materially false, fictitious, or 

6 fraudulent statement or representation (including any doc7 ument, attestation, or sworn affidavit for that person or 

8 any person) relating to an application for any benefit 

9 under the immigration laws (including for Z non-immi10 grant status) will be subject to prosecution for perjury 

11 under section 1621 of title 18, United States Code, or for 

12 making such a statement or representation under section 

13 1001 of that title. 

14 (d) INCREASED PENALTIES RELATING TO FIREARMS

15 OFFENSES.— 

16 (1) PENALTIES RELATED TO REMOVAL.—Sec17 tion 243 (8 U.S.C. 1253) is amended— 

18 (A) in subsection (a)(1)— 

19 (i) in the matter preceding subpara20 graph (A), by inserting ‘‘212(a)’’ or after 

21 ‘‘section’’; and 

22 (ii) in the matter following subpara23 graph (D)— 

24 (I) by striking ‘‘or imprisoned 

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1 ing ‘‘and imprisoned for not more 

2 than 5 years’’; and 

3 (II) by striking ‘‘, or both’’; 

4 (B) in subsection (b), by striking ‘‘not 

5 more than $1000 or imprisoned for not more 

6 than one year, or both’’ and inserting ‘‘under 

7 title 18, United States Code, and imprisoned 

8 for not more than 5 years (or for not more than 

9 10 years if the alien is a member of any of the 

10 classes described in paragraphs (1)(E), (2), (3), 

11 and (4) of section 237(a)).’’; and 

12 (2) PROHIBITING CARRYING OR USING A FIRE13 ARM DURING AND IN RELATION TO AN ALIEN SMUG14 GLING CRIME.—Section 924(c) of title 18, United 

15 States Code, is amended— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (A), by inserting 

18 ‘‘, alien smuggling crime,’’ after ‘‘any 

19 crime of violence’’; 

20 (ii) in subparagraph (A), by inserting 

21 ‘‘, alien smuggling crime,’’ after ‘‘such 

22 crime of violence’’; and 

23 (iii) in subparagraph (D)(ii), by in24 serting ‘‘, alien smuggling crime,’’ after 

25 ‘‘crime of violence’’; and 


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

2 ‘‘(6) For purposes of this subsection, the term 

3 ‘alien smuggling crime’ means any felony punishable 

4 under section 274(a), 277, or 278 of the Immigra5 tion and Nationality Act (8 U.S.C. 1324(a), 1327, 

6 and 1328).’’. 

7 (3) INADMISSIBILITY FOR FIREARMS OF8 FENSES.—Section 212(a)(2)(A) (8 U.S.C. 

9 1182(a)(2)(A)), as amended by sections 204(e) and 

10 209(a)(3), is amended— 

11 (A) in clause (i), by inserting after sub12 clause (IV) the following: 

13 ‘‘(V) a crime involving the purchasing, sell14 ing, offering for sale, exchanging, using, own15 ing, possessing, or carrying, or of attempting or 

16 conspiring to purchase, sell, offer for sale, ex17 change, use, own, possess, or carry, any weap18 on, part, or accessory which is a firearm or de19 structive device (as defined in section 921(a) of 

20 title 18, United States Code), provided the alien 

21 was sentenced to at least 1 year for the of22 fense,’’; and 

23 (B) in clause (ii), by striking ‘‘Clause 

24 (i)(I)’’ and inserting ‘‘Subclauses (I), (IV), and 

25 (V) of clause (i)’’. 


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1 SEC. 206. ILLEGAL ENTRY. 

2 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 

3 amended to read as follows: 

4 ‘‘SEC. 275. ILLEGAL ENTRY. 

5 ‘‘(a) IN GENERAL.— 

6 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

7 subject to the penalties set forth in paragraph (2) if 

8 the alien— 

9 ‘‘(A) knowingly enters or crosses the bor10 der into the United States at any time or place 

11 other than as designated by the Secretary of 

12 Homeland Security; 

13 ‘‘(B) knowingly eludes examination or in14 spection by an immigration officer (including 

15 failing to stop at the command of such officer), 

16 or a customs or agriculture inspection at a port 

17 of entry; or 

18 ‘‘(C) knowingly enters or crosses the bor19 der to the United States by means of a know20 ingly false or misleading representation or the 

21 knowing concealment of a material fact (includ22 ing such representation or concealment in the 

23 context of arrival, reporting, entry, or clearance 

24 requirements of the customs laws, immigration 

25 laws, agriculture laws, or shipping laws). 


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1 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

2 violates any provision under paragraph (1)— 

3 ‘‘(A) shall, for the first violation, be fined 

4 under title 18, United States Code, imprisoned 

5 not more than 6 months, or both; 

6 ‘‘(B) shall, for a second or subsequent vio7 lation, or following an order of voluntary depar8 ture, be fined under such title, imprisoned not 

9 more than 2 years, or both; 

10 ‘‘(C) if the violation occurred after the 

11 alien had been convicted of 3 or more mis12 demeanors or for a felony, shall be fined under 

13 such title, imprisoned not more than 10 years, 

14 or both; 

15 ‘‘(D) if the violation occurred after the 

16 alien had been convicted of a felony for which 

17 the alien received a term of imprisonment of 

18 not less than 30 months, shall be fined under 

19 such title, imprisoned not more than 15 years, 

20 or both; and 

21 ‘‘(E) if the violation occurred after the 

22 alien had been convicted of a felony for which 

23 the alien received a term of imprisonment of 

24 not less than 60 months, such alien shall be 


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1 fined under such title, imprisoned not more 

2 than 20 years, or both. 

3 ‘‘(3) PRIOR CONVICTIONS.—The prior convic4 tions described in subparagraphs (C) through (E) of 

5 paragraph (2) are elements of the offenses described 

6 in that paragraph and the penalties in such subpara7 graphs shall apply only in cases in which the convic8 tion or convictions that form the basis for the addi9 tional penalty are— 

10 ‘‘(A) alleged in the indictment or informa11 tion; and 

12 ‘‘(B) proven beyond a reasonable doubt at 

13 trial or admitted by the defendant. 

14 ‘‘(4) DURATION OF OFFENSE.—An offense 

15 under this subsection continues until the alien is dis16 covered within the United States by an immigration 

17 officer. 

18 ‘‘(5) ATTEMPT.—Whoever attempts to commit 

19 any offense under this section shall be punished in 

20 the same manner as for a completion of such of21 fense. 

22 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN23 ALTIES.—Any alien who is apprehended while entering, at24 tempting to enter, or knowingly crossing or attempting to 

25 cross the border to the United States at a time or place 


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1 other than as designated by immigration officers shall be 

2 subject to a civil penalty, in addition to any criminal or 

3 other civil penalties that may be imposed under any other 

4 provision of law, in an amount equal to— 

5 ‘‘(1) not less than $50 or more than $250 for 

6 each such entry, crossing, attempted entry, or at7 tempted crossing; or 

8 ‘‘(2) twice the amount specified in paragraph 

9 (1) if the alien had previously been subject to a civil 

10 penalty under this subsection.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 is amended by striking the item relating to section 275 

13 and inserting the following: 

‘‘Sec. 275. Illegal Entry.’’. 

14 (c) EFFECTIVE DATE.—Subsection (a)(4) of section 

15 275 of the Immigration and Nationality Act, as created 

16 by this Act, shall apply only to violations of subsection 

17 (a)(1) of section 275 committed on or after the date of 

18 enactment of this Act. 

19 SEC. 207. ILLEGAL REENTRY. 

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

21 follows: 

22 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 

23 Strike subsections (a) through (c) of section 276 of 

24 the Immigration and Nationality Act, and insert the fol25 lowing: 


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1 ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 

2 has been denied admission, excluded, deported, or re3 moved, or who has departed the United States while an 

4 order of exclusion, deportation, or removal is outstanding, 

5 and subsequently enters, attempts to enter, crosses the 

6 border to, attempts to cross the border to, or is at any 

7 time found in the United States, shall be fined under title 

8 18, United States Code, and imprisoned not less than 60 

9 days and not more than 2 years. 

10 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not11 withstanding the penalty provided in subsection (a), if an 

12 alien described in that subsection— 

13 ‘‘(1) was convicted for 3 or more misdemeanors 

14 or a felony before such removal or departure, the 

15 alien shall be fined under title 18, United States 

16 Code, and imprisoned not less than 1 year and not 

17 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 and imprisoned not less than 2 years and not more 

23 than 15 years, or both; 

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1 tenced to a term of imprisonment of not less than 

2 60 months, the alien shall be fined under such title, 

3 and imprisoned not less than 4 years and not more 

4 than 20 years, or both; 

5 ‘‘(4) was convicted for 3 felonies before such re6 moval or departure, the alien shall be fined under 

7 such title, and imprisoned not less than 4 years and 

8 not more than 20 years, or both; or 

9 ‘‘(5) was convicted, before such removal or de10 parture, for murder, rape, kidnapping, or a felony 

11 offense described in chapter 77 (relating to peonage 

12 and slavery) or 113B (relating to terrorism) of such 

13 title, the alien shall be fined under such title, and 

14 imprisoned not less than 5 years and not more than 

15 20 years, or both. 

16 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

17 alien who has been denied admission, excluded, deported, 

18 or removed 3 or more times and thereafter enters, at19 tempts to enter, crosses the border to, attempts to cross 

20 the border to, or is at any time found in the United States, 

21 shall be fined under title 18, United States Code, and im22 prisoned not less than 2 years and not more than 10 years, 

23 or both.’’. 

24 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

25 convictions described in subsection (b) are elements of the 


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1 crimes described in that subsection, and the penalties in 

2 that subsection shall apply only in cases in which the con3 viction or convictions that form the basis for the additional 

4 penalty are— 

5 ‘‘(1) alleged in the indictment or information; 

6 and 

7 ‘‘(2) proven beyond a reasonable doubt at trial 

8 or admitted by the defendant. 

9 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af10 firmative defense to a violation of this section that— 

11 ‘‘(1) prior to the alleged violation, the alien had 

12 sought and received the express consent of the Sec13 retary of Homeland Security to reapply for admis14 sion into the United States; 

15 ‘‘(2) with respect to an alien previously denied 

16 admission and removed, the alien— 

17 ‘‘(A) was not required to obtain such ad18 vance consent under the Immigration and Na19 tionality Act or any prior Act; and 

20 ‘‘(B) had complied with all other laws and 

21 regulations governing the alien’s admission into 

22 the United States; or 

23 ‘‘(3) at the time of the prior exclusion, deporta24 tion, removal, or denial of admission alleged in the 

25 violation, the alien— 


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1 ‘‘(A) was under the age of eighteen, and 

2 ‘‘(B) had not been convicted of a crime or 

3 adjudicated a delinquent minor by a court of 

4 the United States, or a court of a state or terri5 tory, for conduct that would constitute a felony 

6 if committed by an adult. 

7 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN8 DERLYING REMOVAL ORDER.—In a criminal proceeding 

9 under this section, an alien may not challenge the validity 

10 of any prior removal order concerning the alien unless the 

11 alien demonstrates by clear and convincing evidence 

12 that— 

13 ‘‘(1) the alien exhausted all administrative rem14 edies that may have been available to seek relief 

15 against the order; 

16 ‘‘(2) the removal proceedings at which the order 

17 was issued improperly deprived the alien of the op18 portunity for judicial review; and 

19 ‘‘(3) the entry of the order was fundamentally 

20 unfair. 

21 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM22 PLETION OF TERM OF IMPRISONMENT.—Any alien re23 moved pursuant to section 241(a)(4) who enters, attempts 

24 to enter, crosses the border to, attempts to cross the bor25 der to, or is at any time found in, the United States shall 


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1 be incarcerated for the remainder of the sentence of im2 prisonment which was pending at the time of deportation 

3 without any reduction for parole or supervised release un4 less the alien affirmatively demonstrates that the Sec5 retary of Homeland Security has expressly consented to 

6 the alien’s reentry. Such alien shall be subject to such 

7 other penalties relating to the reentry of removed aliens 

8 as may be available under this section or any other provi9 sion of law. 

10 ‘‘(h) LIMITATION.—It is not aiding and abetting a 

11 violation of this section for an individual to provide an 

12 alien with emergency humanitarian assistance, including 

13 emergency medical care and food, or to transport the alien 

14 to a location where such assistance can be rendered with15 out compensation or the expectation of compensation. 

16 ‘‘(i) DEFINITIONS.—In this section: 

17 ‘‘(1) FELONY.—Term ‘felony’ means any crimi18 nal offense punishable by a term of imprisonment of 

19 more than 1 year under the laws of the United 

20 States, any State, or a foreign government. 

21 ‘‘(2) MISDEMEANOR.—The term ‘misdemeanor’ 

22 means any criminal offense punishable by a term of 

23 imprisonment of not more than 1 year under the ap24 plicable laws of the United States, any State, or a 

25 foreign government. 


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1 ‘‘(3) REMOVAL.—The term ‘removal’ includes 

2 any denial of admission, exclusion, deportation, or 

3 removal, or any agreement by which an alien stipu4 lates or agrees to exclusion, deportation, or removal. 

5 ‘‘(4) STATE.—The term ‘State’ means a State 

6 of the United States, the District of Columbia, and 

7 any commonwealth, territory, or possession of the 

8 United States.’’. 

9 SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

10 FRAUD OFFENSES. 

11 (a) PASSPORT, VISA, AND IMMIGRATION FRAUD.— 

12 (1) IN GENERAL.—Chapter 75 of title 18, 

13 United States Code, is amended to read as follows: 

‘‘CHAPTER 75—PASSPORT, VISA, AND IMMIGRATION FRAUD

‘‘Sec. 

‘‘1541. Trafficking in passports. 

‘‘1542. False statement in an application for a passport. 

‘‘1543. Forgery and unlawful production of a passport. 

‘‘1544. Misuse of a passport. 

‘‘1545. Schemes to defraud aliens. 

‘‘1546. Immigration and visa fraud. 

‘‘1547. Marriage fraud. 

‘‘1548. Attempts and conspiracies. 

‘‘1549. Alternative penalties for certain offenses. 

‘‘1550. Seizure and forfeiture. 

‘‘1551. Additional jurisdiction. 

‘‘1552. Definitions. 

‘‘1553. Authorized law enforcement activities.’’. 

14 ‘‘SEC. 1541. TRAFFICKING IN PASSPORTS. 

15 ‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur16 ing any period of 3 years or less, knowingly— 


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1 ‘‘(1) and without lawful authority produces, 

2 issues, or transfers 10 or more passports; 

3 ‘‘(2) forges, counterfeits, alters, or falsely 

4 makes 10 or more passports; 

5 ‘‘(3) secures, possesses, uses, receives, buys, 

6 sells, or distributes 10 or more passports, knowing 

7 the passports to be forged, counterfeited, altered, 

8 falsely made, stolen, procured by fraud, or produced 

9 or issued without lawful authority; or 

10 ‘‘(4) completes, mails, prepares, presents, signs, 

11 or submits 10 or more applications for a United 

12 States passport, knowing the applications to contain 

13 any false statement or representation, 

14 shall be fined under this title, imprisoned not more than 

15 20 years, or both. 

16 ‘‘(b) PASSPORT MATERIALS.—Any person who know17 ingly and without lawful authority produces, buys, sells, 

18 possesses, or uses any official material (or counterfeit of 

19 any official material) used to make a passport, including 

20 any distinctive paper, seal, hologram, image, text, symbol, 

21 stamp, engraving, or plate, shall be fined under this title, 

22 imprisoned not more than 20 years, or both. 


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1 ‘‘SEC. 1542. FALSE STATEMENT IN AN APPLICATION FOR A 

2 PASSPORT. 

3 ‘‘(a) IN GENERAL.—Any person who knowingly 

4 makes any false statement or representation in an applica5 tion for a United States passport, or mails, prepares, pre6 sents, or signs an application for a United States passport 

7 knowing the application to contain any false statement or 

8 representation, shall be fined under this title, imprisoned 

9 not more than 15 years, or both. 

10 ‘‘(b) VENUE.— 

11 ‘‘(1) An offense under subsection (a) may be 

12 prosecuted in any district, 

13 ‘‘(A) in which the false statement or rep14 resentation was made or the application for a 

15 United States passport was prepared or signed, 

16 or 

17 ‘‘(B) in which or to which the application 

18 was mailed or presented. 

19 ‘‘(2) An offense under subsection (a) involving 

20 an application prepared and adjudicated outside the 

21 United States may be prosecuted in the district in 

22 which the resultant passport was or would have been 

23 produced. 

24 ‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 

25 be construed to limit the venue otherwise available under 

26 sections 3237 and 3238 of this title. 


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1 ‘‘SEC. 1543. FORGERY AND UNLAWFUL PRODUCTION OF A 

2 PASSPORT. 

3 ‘‘(a) FORGERY.—Any person who— 

4 ‘‘(1) knowingly forges, counterfeits, alters, or 

5 falsely makes any passport; or 

6 ‘‘(2) knowingly transfers any passport knowing 

7 it to be forged, counterfeited, altered, falsely made, 

8 stolen, or to have been produced or issued without 

9 lawful authority, 

10 shall be fined under this title, imprisoned not more than 

11 15 years, or both. 

12 ‘‘(b) UNLAWFUL PRODUCTION.—Any person who 

13 knowingly and without lawful authority— 

14 ‘‘(1) produces, issues, authorizes, or verifies a 

15 passport in violation of the laws, regulations, or 

16 rules governing the issuance of the passport; 

17 ‘‘(2) produces, issues, authorizes, or verifies a 

18 United States passport for or to any person, know19 ing or in reckless disregard of the fact that such 

20 person is not entitled to receive a passport; or 

21 ‘‘(3) transfers or furnishes a passport to any 

22 person for use by any person other than the person 

23 for whom the passport was issued or designed, 

24 shall be fined under this title, imprisoned not more than 

25 15 years, or both. 


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1 ‘‘SEC. 1544. MISUSE OF A PASSPORT. 

2 ‘‘Any person who knowingly— 

3 ‘‘(1) uses any passport issued or designed for 

4 the use of another; 

5 ‘‘(2) uses any passport in violation of the condi6 tions or restrictions therein contained, or in violation 

7 of the laws, regulations, or rules governing the 

8 issuance and use of the passport; 

9 ‘‘(3) secures, possesses, uses, receives, buys, 

10 sells, or distributes any passport knowing it to be 

11 forged, counterfeited, altered, falsely made, procured 

12 by fraud, or produced or issued without lawful au13 thority; or 

14 ‘‘(4) violates the terms and conditions of any 

15 safe conduct duly obtained and issued under the au16 thority of the United States, 

17 shall be fined under this title, imprisoned not more than 

18 15 years, or both. 

19 ‘‘SEC. 1545. SCHEMES TO DEFRAUD ALIENS. 

20 ‘‘(a) IN GENERAL.—Any person who knowingly exe21 cutes a scheme or artifice, in connection with any matter 

22 that is authorized by or arises under Federal immigration 

23 laws or any matter the offender claims or represents is 

24 authorized by or arises under Federal immigration laws, 

25 to— 

26 ‘‘(1) defraud any person, or 


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1 ‘‘(2) obtain or receive money or anything else of 

2 value from any person, by means of false or fraudu3 lent pretenses, representations, or promises, 

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 that such person is an attor8 ney or accredited representative (as that term is defined 

9 in section 1292.1 of title 8, Code of Federal Regulations 

10 (or any successor regulation to such section)) in any mat11 ter arising under Federal immigration laws shall be fined 

12 under this title, imprisoned not more than 15 years, or 

13 both. 

14 ‘‘SEC. 1546. IMMIGRATION AND VISA FRAUD. 

15 ‘‘(a) IN GENERAL.—Any person who knowingly— 

16 ‘‘(1) uses any immigration document issued or 

17 designed for the use of another; 

18 ‘‘(2) forges, counterfeits, alters, or falsely 

19 makes any immigration document; 

20 ‘‘(3) completes, mails, prepares, presents, signs, 

21 or submits any immigration document knowing it to 

22 contain any materially false statement or representa23 tion; 

24 ‘‘(4) secures, possesses, uses, transfers, re25 ceives, buys, sells, or distributes any immigration 


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1 document knowing it to be forged, counterfeited, al2 tered, falsely made, stolen, procured by fraud, or 

3 produced or issued without lawful authority; 

4 ‘‘(5) adopts or uses a false or fictitious name to 

5 evade or to attempt to evade the immigration laws; 

6 or 

7 ‘‘(6) transfers or furnishes, without lawful au8 thority, an immigration document to another person 

9 for use by a person other than the person for whom 

10 the immigration document was issued or designed, 

11 shall be fined under this title, imprisoned not more than 

12 15 years, or both. 

13 ‘‘(b) Any person who, during any period of 3 years 

14 or less, knowingly— 

15 ‘‘(1) and without lawful authority produces, 

16 issues, or transfers 10 or more immigration docu17 ments; 

18 ‘‘(2) forges, counterfeits, alters, or falsely 

19 makes 10 or more immigration documents; 

20 ‘‘(3) secures, possesses, uses, buys, sells, or dis21 tributes 10 or more immigration documents, know22 ing the immigration documents to be forged, coun23 terfeited, altered, stolen, falsely made, procured by 

24 fraud, or produced or issued without lawful author25 ity; or 


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1 ‘‘(4) completes, mails, prepares, presents, signs, 

2 or submits 10 or more immigration documents 

3 knowing the documents to contain any materially 

4 false statement or representation, 

5 shall be fined under this title, imprisoned not more than 

6 20 years, or both. 

7 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 

8 person who knowingly and without lawful authority pro9 duces, buys, sells, or possesses any official material (or 

10 counterfeit of any official material) used to make an immi11 gration document, including any distinctive paper, seal, 

12 hologram, image, text, symbol, stamp, engraving, or plate, 

13 shall be fined under this title, imprisoned not more than 

14 20 years, or both. 

15 ‘‘(d) EMPLOYMENT DOCUMENTS.—Whoever uses— 

16 ‘‘(1) an identification document, knowing (or 

17 having reason to know) that the document was not 

18 issued lawfully for the use of the possessor; 

19 ‘‘(2) an identification document knowing (or 

20 having reason to know) that the document is false; 

21 or 

22 ‘‘(3) a false attestation, 

23 for the purpose of satisfying a requirement of section 

24 274A(b) of the Immigration and Nationality Act (8 U.S.C. 


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1 1324a(b)), shall be fined under this title, imprisoned not 

2 more than 5 years, or both.’’. 

3 ‘‘SEC. 1547. MARRIAGE FRAUD. 

4 ‘‘(a) EVASION OR MISREPRESENTATION.—Any per5 son who— 

6 ‘‘(1) knowingly enters into a marriage for the 

7 purpose of evading any provision of the immigration 

8 laws; or 

9 ‘‘(2) knowingly misrepresents the existence or 

10 circumstances of a marriage— 

11 ‘‘(A) in an application or document author12 ized by the immigration laws; or 

13 ‘‘(B) during any immigration proceeding 

14 conducted by an administrative adjudicator (in15 cluding an immigration officer or examiner, a 

16 consular officer, an immigration judge, or a 

17 member of the Board of Immigration Appeals), 

18 shall be fined under this title, imprisoned not more than 

19 10 years, or both. 

20 ‘‘(b) MULTIPLE MARRIAGES.—Any person who— 

21 ‘‘(1) knowingly enters into 2 or more marriages 

22 for the purpose of evading any immigration law; or 

23 ‘‘(2) knowingly arranges, supports, or facilitates 

24 2 or more marriages designed or intended to evade 

25 any immigration law, 


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1 shall be fined under this title, imprisoned not more than 

2 20 years, or both. 

3 ‘‘(c) COMMERCIAL ENTERPRISE.—Any person who 

4 knowingly establishes a commercial enterprise for the pur5 pose of evading any provision of the immigration laws 

6 shall be fined under this title, imprisoned for not more 

7 than 10 years, or both. 

8 ‘‘(d) DURATION OF OFFENSE.— 

9 ‘‘(1) IN GENERAL.—An offense under sub10 section (a) or (b) continues until the fraudulent na11 ture of the marriage or marriages is discovered by 

12 an immigration officer. 

13 ‘‘(2) COMMERCIAL ENTERPRISE.—An offense 

14 under subsection (c) continues until the fraudulent 

15 nature of the commercial enterprise is discovered by 

16 an immigration officer or other law enforcement offi17 cer. 

18 ‘‘SEC. 1548. ATTEMPTS AND CONSPIRACIES. 

19 ‘‘Any person who attempts or conspires to violate any 

20 section of this chapter shall be punished in the same man21 ner as a person who completed a violation of that section. 


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1 ‘‘SEC. 1549. ALTERNATIVE PENALTIES FOR CERTAIN OF2 FENSES. 

3 Notwithstanding any other provision of this title, the 

4 maximum term of imprisonment that may be imposed for 

5 an offense under this chapter— 

6 (1) if committed to facilitate a drug trafficking 

7 crime (as defined in 929(a)) is 20 years; and 

8 (2) if committed to facilitate an act of inter9 national terrorism (as defined in section 2331) is 25 

10 years. 

11 ‘‘SEC. 1550. SEIZURE AND FORFEITURE. 

12 ‘‘(a) FORFEITURE.—Any property, real or personal, 

13 used to commit or facilitate the commission of a violation 

14 of any section of this chapter, the gross proceeds of such 

15 violation, and any property traceable to such property or 

16 proceeds, shall be subject to forfeiture. 

17 ‘‘(b) APPLICABLE LAW.—Seizures and forfeitures 

18 under this section shall be governed by the provisions of 

19 chapter 46 relating to civil forfeitures, except that such 

20 duties as are imposed upon the Secretary of the Treasury 

21 under the customs laws described in section 981(d) shall 

22 be performed by such officers, agents, and other persons 

23 as may be designated for that purpose by the Secretary 

24 of Homeland Security, the Secretary of State, or the At25 torney General. 


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1 ‘‘SEC. 1551. ADDITIONAL JURISDICTION. 

2 ‘‘(a) IN GENERAL.—Any person who commits an of3 fense under this chapter within the special maritime and 

4 territorial jurisdiction of the United States shall be pun5 ished as provided under this chapter. 

6 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any per7 son who commits an offense under this chapter outside 

8 the United States shall be punished as provided under this 

9 chapter if— 

10 ‘‘(1) the offense involves a United States pass11 port or immigration document (or any document 

12 purporting to be such a document) or any matter, 

13 right, or benefit arising under or authorized by Fed14 eral immigration laws; 

15 ‘‘(2) the offense is in or affects foreign com16 merce; 

17 ‘‘(3) the offense affects, jeopardizes, or poses a 

18 significant risk to the lawful administration of Fed19 eral immigration laws, or the national security of the 

20 United States; 

21 ‘‘(4) the offense is committed to facilitate an 

22 act of international terrorism (as defined in section 

23 2331) or a drug trafficking crime (as defined in sec24 tion 929(a)(2)) that affects or would affect the na25 tional security of the United States; 


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1 ‘‘(5) the offender is a national of the United 

2 States or an alien lawfully admitted for permanent 

3 residence in the United States (as those terms are 

4 defined in section 101(a) of the Immigration and 

5 Nationality Act (8 U.S.C. 1101(a))); or 

6 ‘‘(6) the offender is a stateless person whose 

7 habitual residence is in the United States. 

8 ‘‘SEC. 1552. DEFINITIONS. 

9 ‘‘As used in this chapter: 

10 ‘‘(1) The term ‘falsely make’ means to prepare 

11 or complete an immigration document with knowl12 edge or in reckless disregard of the fact that the 

13 document— 

14 ‘‘(A) contains a statement or representa15 tion that is false, fictitious, or fraudulent; 

16 ‘‘(B) has no basis in fact or law; or 

17 ‘‘(C) otherwise fails to state a fact which 

18 is material to the purpose for which the docu19 ment was created, designed, or submitted. 

20 ‘‘(2) The term ‘application for a United States 

21 passport’ includes any document, photograph, or 

22 other piece of evidence attached to or submitted in 

23 support of the application. 

24 ‘‘(3) The term ‘false statement or representa25 tion’ includes a personation or an omission. 


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1 ‘‘(4) The term ‘immigration document’— 

2 ‘‘(A) means any application, petition, affi3 davit, declaration, attestation, form, visa, iden4 tification card, alien registration document, em5 ployment authorization document, border cross6 ing card, certificate, permit, order, license, 

7 stamp, authorization, grant of authority, or 

8 other official document, arising under or au9 thorized by the immigration laws of the United 

10 States; and 

11 ‘‘(B) includes any document, photograph, 

12 or other piece of evidence attached to or sub13 mitted in support of an immigration document. 

14 ‘‘(5) The term ‘immigration laws’ includes— 

15 ‘‘(A) the laws described in section 

16 101(a)(17) of the Immigration and Nationality 

17 Act (8 U.S.C. 1101(a)(17)); 

18 ‘‘(B) the laws relating to the issuance and 

19 use of passports; and 

20 ‘‘(C) the regulations prescribed under the 

21 authority of any law described in paragraphs 

22 (A) and (B). 

23 ‘‘(6) The term ‘immigration proceeding’ in24 cludes an adjudication, interview, hearing, or review. 


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1 ‘‘(7) A person does not exercise ‘lawful author2 ity’ if the person abuses or improperly exercises law3 ful authority the person otherwise holds. 

4 ‘‘(8) The term ‘passport’ means— 

5 ‘‘(A) a travel document attesting to the 

6 identity and nationality of the bearer that is 

7 issued under the authority of the Secretary of 

8 State, a foreign government, or an international 

9 organization; or 

10 ‘‘(B) any instrument purporting to be a 

11 document described in subparagraph (A). 

12 ‘‘(9) The term ‘to present’ means to offer or 

13 submit for official processing, examination, or adju14 dication. Any such presentation continues until the 

15 official processing, examination, or adjudication is 

16 complete. 

17 ‘‘(10) The term ‘proceeds’ includes any prop18 erty or interest in property obtained or retained as 

19 a consequence of an act or omission in violation of 

20 this section. 

21 ‘‘(11) The term ‘produce’ means to make, pre22 pare, assemble, issue, print, authenticate, or alter. 

23 ‘‘(12) The term ‘State’ means a State of the 

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1 monwealth, territory, or possession of the United 

2 States. 

3 ‘‘(13) The ‘use’ of a passport or an immigration 

4 document referred to in section 1541(a), section 

5 1543(b), section 1544, section 1546(a), and section 

6 1546(b) of this chapter includes any officially au7 thorized use; use to travel; use to demonstrate iden8 tity, residence, nationality, citizenship, or immigra9 tion status; use to seek or maintain employment; or 

10 use in any matter within the jurisdiction of the Fed11 eral government or of a State government.’ 

12 ‘‘SEC. 1553. AUTHORIZED LAW ENFORCEMENT ACTIVITIES. 

13 ‘‘Nothing in this chapter shall prohibit any lawfully 

14 authorized investigative, protective, or intelligence activity 

15 of a law enforcement agency of the United States, a State, 

16 or a political subdivision of a State, or an intelligence 

17 agency of the United States, or any activity authorized 

18 under title V of the Organized Crime Control Act of 1970 

19 (84 Stat. 933). 

20 (b) Protection for Legitimate Refugees and Asylum 

21 Seekers— 

22 (1) PROSECUTION GUIDELINES.—The Attorney 

23 General, in consultation with the Secretary of Home24 land Security, shall develop binding prosecution 

25 guidelines for federal prosecutors to ensure that any 


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1 prosecution of an alien seeking entry into the United 

2 States by fraud is consistent with the obligations of 

3 the United States under Article 31(1) of the Con4 vention Relating to the Status of Refugees, done at 

5 Geneva July 28, 1951 (as made applicable by the 

6 Protocol Relating to the Status of Refugees, done at 

7 New York January 31, 1967 (19 UST 6223)). 

8 (2) NO PRIVATE RIGHT OF ACTION.—The 

9 guidelines required by subparagraph (1), and any in10 ternal office procedures adopted pursuant thereto, 

11 are intended solely for the guidance of attorneys for 

12 the United States. This section, the guidelines re13 quired by subsection (a), and the process for deter14 mining such guidelines are not intended to, do not, 

15 and may not be relied upon to create any right or 

16 benefit, substantive or procedural, enforceable at law 

17 by any party in any administrative, civil, or criminal 

18 matter. 

19 SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT 

20 AND IMMIGRATION FRAUD OFFENSES. 

21 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 

22 U.S.C. 1182(a)(2)(A)(i)) is amended— 

23 (1) in subclause (I), by striking ‘, or’ at the end 

24 and inserting a semicolon; 


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1 (2) in subclause (II), by striking the comma at 

2 the end and inserting ‘; or’; and 

3 (3) by inserting after subclause (II) the fol4 lowing: 

5 ‘‘(III) a violation of (or a con6 spiracy or attempt to violate) section 

7 1541, 1545, subsection (b) of section 

8 1546, or subsection (b) of section 

9 1547 of title 18, United States Code,’. 

10 (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 

11 1227(a)(3)(B)(iii)) is amended to read as follows: 

12 ‘‘(iii) a violation of (or a conspiracy or 

13 attempt to violate) section 1541, 1545, 

14 1546, or subsection (b) of section 1547 of 

15 title 18, United States Code,’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 subsections (a) and (b) shall apply to proceedings pending 

18 on or after the date of the enactment of this Act, with 

19 respect to conduct occurring on or after that date. 

20 SEC. 210. INCARCERATION OF CRIMINAL ALIENS. 

21 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

22 (1) CONTINUATION.—The Secretary shall con23 tinue to operate the Institutional Removal Program 

24 (referred to in this section as the ‘Program’) or shall 

25 develop and implement another program to— 


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1 (A) identify removable criminal aliens in 

2 Federal and State correctional facilities; 

3 (B) ensure that such aliens are not re4 leased into the community; and 

5 (C) remove such aliens from the United 

6 States after the completion of their sentences. 

7 (2) EXPANSION.—The Secretary may extend 

8 the scope of the Program to all States. 

9 (b) TECHNOLOGY USAGE.—Technology, such as 

10 videoconferencing, shall be used to the maximum extent 

11 practicable to make the Program available in remote loca12 tions. Mobile access to Federal databases of aliens, such 

13 as IDENT, and live scan technology shall be used to the 

14 maximum extent practicable to make these resources 

15 available to State and local law enforcement agencies in 

16 remote locations. 

17 (c) REPORT TO CONGRESS.—Not later than 6 

18 months after the date of the enactment of this Act, and 

19 annually thereafter, the Secretary shall submit a report 

20 to Congress on the participation of States in the Program 

21 and in any other program authorized under subsection (a). 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated such sums as may be 

24 necessary in each of the fiscal years 2008 through 2012 

25 to carry out the Program. 


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1 SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUN2 TARILY. 

3 (a) IN GENERAL.—Section 240B (8 U.S.C. 1229c) 

4 is amended— 

5 (1) in subsection (a)— 

6 (A) by amending paragraph (1) to read as 

7 follows: 

8 ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If 

9 an alien is not described in paragraph (2)(A)(iii) or 

10 (4) of section 237(a), the Secretary of Homeland Se11 curity may permit the alien to voluntarily depart the 

12 United States at the alien’s own expense under this 

13 subsection instead of being subject to proceedings 

14 under section 240.’; 

15 (B) by striking paragraph (3); 

16 (C) by redesignating paragraph (2) as 

17 paragraph (3); 

18 (D) by adding after paragraph (1) the fol19 lowing: 

20 ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL

21 PROCEEDINGS.—If an alien is not described in para22 graph (2)(A)(iii) or (4) of section 237(a), the Attor23 ney General may permit the alien to voluntarily de24 part the United States at the alien’s own expense 

25 under this subsection after the initiation of removal 

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1 clusion of such proceedings before an immigration 

2 judge.’’; 

3 (E) in paragraph (3), as redesignated— 

4 (i) by amending subparagraph (A) to 

5 read as follows: 

6 ‘‘(A) INSTEAD OF REMOVAL.—Subject to 

7 subparagraph (C), permission to voluntarily de8 part under paragraph (1) shall not be valid for 

9 any period in excess of 120 days. The Secretary 

10 may require an alien permitted to voluntarily 

11 depart under paragraph (1) to post a voluntary 

12 departure bond, to be surrendered upon proof 

13 that the alien has departed the United States 

14 within the time specified.’’; 

15 (ii) by redesignating subparagraphs 

16 (B), (C), and (D) as paragraphs (C), (D), 

17 and (E), respectively; 

18 (iii) by adding after subparagraph (A) 

19 the following: 

20 ‘‘(B) BEFORE THE CONCLUSION OF RE21 MOVAL PROCEEDINGS.—Permission to volun22 tarily depart under paragraph (2) shall not be 

23 valid for any period in excess of 60 days, and 

24 may be granted only after a finding that the 

25 alien has the means to depart the United States 


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1 and intends to do so. An alien permitted to vol2 untarily depart under paragraph (2) shall post 

3 a voluntary departure bond, in an amount nec4 essary to ensure that the alien will depart, to be 

5 surrendered upon proof that the alien has de6 parted the United States within the time speci7 fied. An immigration judge may waive the re8 quirement to post a voluntary departure bond in 

9 individual cases upon a finding that the alien has 

10 presented compelling evidence that the posting 

11 of a bond will pose a serious financial hardship 

12 and the alien has presented credible evidence 

13 that such a bond is unnecessary to guarantee 

14 timely departure.’’; 

15 (iv) in subparagraph (C), as redesig16 nated, by striking ‘‘subparagraphs (C) 

17 and(D)(ii)’’ and inserting ‘‘subparagraphs 

18 (D) and (E)(ii)’’; 

19 (v) in subparagraph (D), as redesig20 nated, by striking ‘‘subparagraph (B)’’ 

21 each place that term appears and inserting 

22 ‘‘subparagraph (C)’’; and 

23 (vi) in subparagraph (E), as redesig24 nated, by striking ‘‘subparagraph (B)’’ 


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1 each place that term appears and inserting 

2 ‘‘subparagraph (C)’’; and 

3 (F) in paragraph (4), by striking ‘‘para4 graph (1)’’ and inserting ‘‘paragraphs (1) and 

5 (2)’’; 

6 (2) in subsection (b)(2), by striking ‘‘a period 

7 exceeding 60 days’’ and inserting ‘‘any period in ex8 cess of 45 days’’; 

9 (3) by amending subsection (c) to read as fol10 lows: 

11 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

12 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— 

13 Voluntary departure may only be granted as part of 

14 an affirmative agreement by the alien. 

15 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In 

16 connection with the alien’s agreement to depart vol17 untarily under paragraph (1), the Secretary of 

18 Homeland Security may agree to a reduction in the 

19 period of inadmissibility under subparagraph (A) or 

20 (B)(i) of section 212(a)(9). 

21 ‘‘(3) ADVISALS.—Agreements relating to vol22 untary departure granted during removal pro23 ceedings under section 240, or at the conclusion of 

24 such proceedings, shall be presented on the record 

25 before the immigration judge. The immigration 


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1 judge shall advise the alien of the consequences of 

2 a voluntary departure agreement before accepting 

3 such agreement. 

4 ‘‘(4) FAILURE TO COMPLY WITH AGREE5 MENT.—If an alien agrees to voluntary departure 

6 under this section and fails to depart the United 

7 States within the time allowed for voluntary depar8 ture or fails to comply with any other terms of the 

9 agreement (including failure to timely post any re10 quired bond), the alien is— 

11 ‘‘(A) ineligible for the benefits of the 

12 agreement; 

13 ‘‘(B) subject to the penalties described in 

14 subsection (d); and 

15 ‘‘(C) subject to an alternate order of re16 moval if voluntary departure was granted under 

17 subsection (a)(2) or (b)’’; 

18 (4) by amending subsection (d) to read as fol19 lows: 

20 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 

21 alien is permitted to voluntarily depart under this section 

22 and fails to voluntarily depart from the United States 

23 within the time period specified or otherwise violates the 

24 terms of a voluntary departure agreement, the alien will 

25 be subject to the following penalties: 


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1 ‘‘(1) CIVIL PENALTY.—The alien shall be liable 

2 for a civil penalty of $3,000. The order allowing vol3 untary departure shall specify the amount of the 

4 penalty, which shall be acknowledged by the alien on 

5 the record. If the Secretary thereafter establishes 

6 that the alien failed to depart voluntarily within the 

7 time allowed, no further procedure will be necessary 

8 to establish the amount of the penalty, and the Sec9 retary may collect the civil penalty at any time 

10 thereafter and by whatever means provided by law. 

11 An alien will be ineligible for any benefits under this 

12 chapter until this civil penalty is paid. 

13 ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien 

14 shall be ineligible during the time the alien remains 

15 in the United States and for a period of 10 years 

16 after the alien’s departure for any further relief 

17 under this section and sections 240A, 245, 248, and 

18 249. The order permitting the alien to depart volun19 tarily shall inform the alien of the penalties under 

20 this subsection. 

21 ‘‘(3) REOPENING.—The alien shall be ineligible 

22 to reopen the final order of removal that took effect 

23 upon the alien’s failure to depart, or upon the alien’s 

24 other violations of the conditions for voluntary de25 parture, during the period described in paragraph 


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1 (2). This paragraph does not preclude a motion to 

2 reopen to seek withholding of removal under section 

3 241(b)(3) or protection against torture, if the mo4 tion— 

5 ‘‘(A) presents material evidence of changed 

6 country conditions arising after the date of the 

7 order granting voluntary departure in the coun8 try to which the alien would be removed; and 

9 ‘‘(B) makes a sufficient showing to the sat10 isfaction of the Attorney General that the alien 

11 is otherwise eligible for such protection.’’; and 

12 (5) by amending subsection (e) to read as fol13 lows: 

14 ‘‘(e) ELIGIBILITY.— 

15 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR16 TURE.—An alien shall not be permitted to volun17 tarily depart under this section if the Secretary of 

18 Homeland Security or the Attorney General pre19 viously permitted the alien to depart voluntarily. 

20 ‘‘(2) RULEMAKING.—The Secretary may pro21 mulgate regulations to limit eligibility or impose ad22 ditional conditions for voluntary departure under 

23 subsection (a)(1) for any class of aliens. The Sec24 retary or Attorney General may by regulation limit 

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1 untary departure under subsections (a)(2) or (b) of 

2 this section for any class or classes of aliens.’’; and 

3 (6) in subsection (f), by adding at the end the 

4 following: ‘‘Notwithstanding section 242(a)(2)(D) of 

5 this Act, sections 1361, 1651, and 2241 of title 28, 

6 United States Code, any other habeas corpus provi7 sion, and any other provision of law (statutory or 

8 nonstatutory), no court shall have jurisdiction to af9 fect, reinstate, enjoin, delay, stay, or toll the period 

10 allowed for voluntary departure under this section.’’. 

11 (b) RULEMAKING.—The Secretary shall promulgate 

12 regulations to provide for the imposition and collection of 

13 penalties for failure to depart under section 240B(d) of 

14 the Immigration and Nationality Act (8 U.S.C. 1229c(d)). 

15 (c) EFFECTIVE DATES.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the amendments made by this section 

18 shall apply with respect to all orders granting vol19 untary departure under section 240B of the Immi20 gration and Nationality Act (8 U.S.C. 1229c) made 

21 on or after the date that is 180 days after the enact22 ment of this Act. 

23 (2) EXCEPTION.—The amendment made by 

24 subsection (a)(6) shall take effect on the date of the 

25 enactment of this Act and shall apply with respect 


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1 to any petition for review which is filed on or after 

2 such date. 

3 SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM 

4 REMAINING IN THE UNITED STATES UNLAW5 FULLY. 

6 (a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) (8 

7 U.S.C. 1182(a)(9)(A)) is amended— 

8 (1) in clause (i), by striking ‘‘seeks admission 

9 within 5 years of the date of such removal (or within 

10 20 years’’ and inserting ‘‘seeks admission not later 

11 than 5 years after the date of the alien’s removal (or 

12 not later than 20 years after the alien’s removal’’; 

13 and 

14 (2) in clause (ii), by striking ‘‘seeks admission 

15 within 10 years of the date of such alien’s departure 

16 or removal (or within 20 years of ’’ and inserting 

17 ‘‘seeks admission not later than 10 years after the 

18 date of the alien’s departure or removal (or not later 

19 than 20 years after’’. 

20 (b) BAR ON DISCRETIONARY RELIEF.—Section 274D 

21 (8 U.S.C. 1324d) is amended— 

22 (1) in subsection (a), by striking ‘‘Commis23 sioner’’ and inserting ‘‘Secretary of Homeland Secu24 rity’’; and 

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


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1 ‘‘(c) INELIGIBILITY FOR RELIEF.— 

2 ‘‘(1) IN GENERAL.—Unless a timely motion to 

3 reconsider under section 240(c)(6) or a timely mo4 tion to reopen under section 240(c)(7) is granted, an 

5 alien described in subsection (a) shall be ineligible 

6 for any discretionary relief from removal (including 

7 cancellation of removal and adjustment of status) 

8 during the time the alien remains in the United 

9 States and for a period of 10 years after the alien’s 

10 departure from the United States. 

11 ‘‘(2) SAVINGS PROVISION.—Nothing in para12 graph (1) shall preclude a motion to reopen to seek 

13 withholding of removal under section 241(b)(3) or 

14 protection against torture, if the motion— 

15 ‘‘(A) presents material evidence of changed 

16 country conditions arising after the date of the 

17 final order of removal in the country to which 

18 the alien would be removed; and 

19 ‘‘(B) makes a sufficient showing to the sat20 isfaction of the Attorney General that the alien 

21 is otherwise eligible for such protection.’’. 

22 (c) EFFECTIVE DATES.—The amendments made by 

23 this section shall take effect on the date of the enactment 

24 of this Act with respect to aliens who are subject to a final 

25 order of removal entered on or after such date. 


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1 SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR 

2 THE POSSESSION OF FIREARMS BY CERTAIN 

3 ALIENS. 

4 Section 922 of title 18, United States Code, is 

5 amended— 

6 (1) in subsection (d)(5)—in subparagraph (B), 

7 by striking ‘‘(y)(2)’’ and all that follows and insert8 ing ‘‘(y), is in the United States not as an alien law9 fully admitted for permanent residence’’; 

10 (2) in subsection (g)(5)—in subparagraph (B), 

11 by striking ‘‘(y)(2)’’ and all that follows and insert12 ing ‘‘(y), is in the United States not as an alien law13 fully admitted for permanent residence’’; and 

14 (3) in subsection (y)— 

15 (A) in the header, by striking ‘‘Admitted 

16 Under Nonimmigrant Visas’’ and inserting ‘‘not 

17 Lawfully Admitted for Permanent Residence’’; 

18 (B) in paragraph (1), by amending sub19 paragraph (B) to read as follows: 

20 ‘‘(B) the term ‘‘lawfully admitted for per21 manent residence’’ has the same meaning as in 

22 section 101(a)(20) of the Immigration and Na23 tionality Act (8 U.S.C. 1101(a)(20)).’’; 

24 (C) in paragraph (2), by striking ‘‘under a 

25 nonimmigrant visa’’ and inserting ‘‘but not law26 fully admitted for permanent residence’’; and 


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1 (D) in paragraph (3)(A), by striking ‘‘ad2 mitted to the United States under a non3 immigrant visa’’ and inserting ‘‘lawfully admit4 ted to the United States but not as an alien 

5 lawfully admitted for permanent residence’’. 

6 SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CER7 TAIN IMMIGRATION, PASSPORT, AND NATU8 RALIZATION OFFENSES. 

9 (a) IN GENERAL.—Section 3291 of title 18, United 

10 States Code, is amended to read as follows: 

11 ‘‘SEC. 3291. IMMIGRATION, PASSPORT, AND NATURALIZA12 TION OFFENSES. 

13 ‘‘No person shall be prosecuted, tried, or punished 

14 for a violation of any section of chapters 69 (relating to 

15 nationality and citizenship offenses), 75 (relating to pass16 port, visa, and immigration offenses), or for a violation 

17 of any criminal provision under section 243, 266, 274, 

18 275, 276, 277, or 278 of the Immigration and Nationality 

19 Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 

20 1328), or for an attempt or conspiracy to violate any such 

21 section, unless the indictment is returned or the informa22 tion filed not later than 10 years after the commission 

23 of the offense.’’. 

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

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1 ed by striking the item relating to section 3291 and insert2 ing the following: 

‘‘3291. Immigration, passport, and naturalization offenses.’’. 

3 SEC. 215. DIPLOMATIC SECURITY SERVICE. 

4 (a) Section 2709(a)(1) of title 22, United States 

5 Code, is amended to read as follows: 

6 ‘‘(1) conduct investigations concerning— 

7 ‘‘(A) illegal passport or visa issuance or 

8 use; 

9 ‘‘(B) identity theft or document fraud af10 fecting or relating to the programs, functions, 

11 and authorities of the Department of State; 

12 ‘‘(C) violations of chapter 77 of title 18, 

13 United States Code; and 

14 ‘‘(D) Federal offenses committed within 

15 the special maritime and territorial jurisdiction 

16 defined in paragraph (9) of section 7 of title 

17 18, United States Code, except as that jurisdic18 tion relates to the premises of United States 

19 military missions and related residences;’’. 

20 (b) CONSTRUCTION.—Nothing in this section shall be 

21 construed to limit the investigative authority of any other 

22 Federal department or agency. 


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1 SEC. 216. STREAMLINED PROCESSING OF BACKGROUND 

2 CHECKS CONDUCTED FOR IMMIGRATION 

3 BENEFITS. 

4 (a) INFORMATION SHARING; INTERAGENCY TASK

5 FORCE.—Section 105 (8 U.S.C. 1105) is amended by add6 ing at the end the following: 

7 ‘‘(e) INTERAGENCY TASK FORCE.— 

8 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

9 Security and the Attorney General shall establish an 

10 interagency task force to resolve cases in which an 

11 application or petition for an immigration benefit 

12 conferred under this Act has been delayed due to an 

13 outstanding background check investigation for more 

14 than 2 years after the date on which such applica15 tion or petition was initially filed. 

16 ‘‘(2) MEMBERSHIP.—The interagency task 

17 force established under paragraph (1) shall include 

18 representatives from Federal agencies with immigra19 tion, law enforcement, or national security respon20 sibilities under this Act.’’. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Director of the 

23 Federal Bureau of Investigation such sums as are nec24 essary for each fiscal year, 2008 through 2012 for en25 hancements to existing systems for conducting background 


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1 and security checks necessary to support immigration se2 curity and orderly processing of applications. 

3 (c) REPORT ON BACKGROUND AND SECURITY

4 CHECKS.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the Di7 rector of the Federal Bureau of Investigation shall 

8 submit to the Committee on the Judiciary of the 

9 Senate and the Committee on the Judiciary of the 

10 House of Representatives a report on the back11 ground and security checks conducted by the Fed12 eral Bureau of Investigation on behalf of United 

13 States Citizenship and Immigration Services. 

14 (2) CONTENT.—The report required under 

15 paragraph (1) shall include— 

16 (A) a description of the background and 

17 security check program; 

18 (B) a statistical breakdown of the back19 ground and security check delays associated 

20 with different types of immigration applications; 

21 (C) a statistical breakdown of the back22 ground and security check delays by applicant 

23 country of origin; and 

24 (D) the steps that the Director of the Fed25 eral Bureau of Investigation is taking to expeVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 dite background and security checks that have 

2 been pending for more than 180 days. 

3 SEC. 217. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

4 (a) REIMBURSEMENT FOR COSTS ASSOCIATED WITH

5 PROCESSING CRIMINAL ILLEGAL ALIENS.—The Secretary 

6 may reimburse States and units of local government for 

7 costs associated with processing undocumented criminal 

8 aliens through the criminal justice system, including— 

9 (1) indigent defense; 

10 (2) criminal prosecution; 

11 (3) autopsies; 

12 (4) translators and interpreters; and 

13 (5) courts costs. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) PROCESSING CRIMINAL ILLEGAL ALIENS.— 

16 There are authorized to be appropriated 

17 $400,000,000 for each of the fiscal years 2008 

18 through 2013 to carry out subsection (a). 

19 (2) COMPENSATION UPON REQUEST.—Section 

20 241(i)(5) (8 U.S.C. 1231(i)) is amended to read as 

21 follows: 

22 ‘‘(5) There are authorized to be appropriated to 

23 carry this subsection— 

24 ‘‘(A) such sums as may be necessary for 

25 fiscal year 2008; 


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1 ‘‘(B) $750,000,000 for fiscal year 2009; 

2 ‘‘(C) $850,000,000 for fiscal year 2010; 

3 and 

4 ‘‘(D) $950,000,000 for each of the fiscal 

5 years 2011 through 2013.’’. 

6 (c) TECHNICAL AMENDMENT.—Section 501 of the 

7 Immigration Reform and Control Act of 1986 (8 U.S.C. 

8 1365) is amended by striking ‘‘Attorney General’’ each 

9 place it appears and inserting ‘‘Secretary of Homeland Se10 curity’’. 

11 SEC. 218. TRANSPORTATION AND PROCESSING OF ILLEGAL 

12 ALIENS APPREHENDED BY STATE AND LOCAL 

13 LAW ENFORCEMENT OFFICERS. 

14 (a) IN GENERAL.—The Secretary may provide suffi15 cient transportation and officers to take illegal aliens ap16 prehended by State and local law enforcement officers into 

17 custody for processing at a detention facility operated by 

18 the Department. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as may be 

21 necessary for each of fiscal years 2008 through 2012 to 

22 carry out this section. 


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1 SEC. 219. REDUCING ILLEGAL IMMIGRATION AND ALIEN 

2 SMUGGLING ON TRIBAL LANDS. 

3 (a) GRANTS AUTHORIZED.—The Secretary may 

4 award grants to Indian tribes with lands adjacent to an 

5 international border of the United States that have been 

6 adversely affected by illegal immigration. 

7 (b) USE OF FUNDS.—Grants awarded under sub8 section (a) may be used for— 

9 (1) law enforcement activities; 

10 (2) health care services; 

11 (3) environmental restoration; and 

12 (4) the preservation of cultural resources. 

13 (c) REPORT.—Not later than 180 days after the date 

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

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

16 and the Committee on the Judiciary of the House of Rep17 resentatives that— 

18 (1) describes the level of access of Border Pa19 trol agents on tribal lands; 

20 (2) describes the extent to which enforcement of 

21 immigration laws may be improved by enhanced ac22 cess to tribal lands; 

23 (3) contains a strategy for improving such ac24 cess through cooperation with tribal authorities; and 

25 (4) identifies grants provided by the Depart26 ment for Indian tribes, either directly or through 


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1 State or local grants, relating to border security ex2 penses. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary for each of the fiscal years 2008 through 2012 

6 to carry out this section. 

7 SEC. 220. ALTERNATIVES TO DETENTION. 

8 The Secretary shall conduct a study of— 

9 (1) the effectiveness of alternatives to detention, 

10 including electronic monitoring devices and intensive 

11 supervision programs, in ensuring alien appearance 

12 at court and compliance with removal orders; 

13 (2) the effectiveness of the Intensive Super14 vision Appearance Program and the costs and bene15 fits of expanding that program to all States; and 

16 (3) other alternatives to detention, including— 

17 (A) release on an order of recognizance; 

18 (B) appearance bonds; and 

19 (C) electronic monitoring devices. 

20 SEC. 221. STATE AND LOCAL ENFORCEMENT OF FEDERAL 

21 IMMIGRATION LAWS. 

22 (a) IN GENERAL.—Section 287(g) (8 U.S.C. 

23 1357(g)) is amended— 

24 (1) in paragraph (2), by adding at the end the 

25 following: ‘‘If such training is provided by a State or 


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1 political subdivision of a State to an officer or em2 ployee of such State or political subdivision of a 

3 State, the cost of such training (including applicable 

4 overtime costs) shall be reimbursed by the Secretary 

5 of Homeland Security.’’; and 

6 (2) in paragraph (4), by adding at the end the 

7 following: ‘‘The cost of any equipment required to be 

8 purchased under such written agreement and nec9 essary to perform the functions under this sub10 section shall be reimbursed by the Secretary of 

11 Homeland Security.’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary such 

14 sums as may be necessary to carry out this section and 

15 the amendments made by this section. 

16 SEC. 222. PROTECTING IMMIGRANTS FROM CONVICTED 

17 SEX OFFENDERS. 

18 (a) IMMIGRANTS.—Section 204(a)(1) (8 U.S.C. 

19 1154(a)(1)), is amended— 

20 (1) in subparagraph (A), by amending clause 

21 (viii) to read as follows: 

22 ‘‘(viii) Clause (i) shall not apply to a 

23 citizen of the United States who has been 

24 convicted of an offense described in sub25 paragraph (A), (I), or (K) of section 


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1 101(a)(43), unless the Secretary of Home2 land Security, in the Secretary’s sole and 

3 unreviewable discretion, determines that 

4 the citizen poses no risk to the alien with 

5 respect to whom a petition described in 

6 clause (i) is filed.’’; and 

7 (2) in subparagraph (B)(i), by amending sub8 clause (II) to read as follows: 

9 ‘‘(II) Subclause (I) shall not 

10 apply in the case of an alien admitted 

11 for permanent residence who has been 

12 convicted of an offense described in 

13 subparagraph (A), (I), or (K) of sec14 tion 101(a)(43), unless the Secretary 

15 of Homeland Security, in the Sec16 retary’s sole and unreviewable discre17 tion, determines that the alien law18 fully admitted for permanent resi19 dence poses no risk to the alien with 

20 respect to whom a petition described in 

21 subclause (I) is filed.’’. 

22 (b) NONIMMIGRANTS.—Section 101(a)(15)(K) (8 

23 U.S.C. 1101(a)(15)(K)), is amended by inserting ‘‘(other 

24 than a citizen described in section 204(a)(1)(A)(viii))’’ 


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1 after ‘‘citizen of the United States’’ each place that phrase 

2 appears. 

3 SEC. 223. LAW ENFORCEMENT AUTHORITY OF STATES AND 

4 POLITICAL SUBDIVISIONS AND TRANSFER TO 

5 FEDERAL CUSTODY. 

6 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et. seq.) 

7 is amended by adding after section 240C the following new 

8 section: 

9 ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES 

10 AND POLITICAL SUBDIVISIONS AND TRANS11 FER OF ALIENS TO FEDERAL CUSTODY. 

12 ‘‘(a) TRANSFER.—If the head of a law enforcement 

13 entity of a State (or, if appropriate, a political subdivision 

14 of the State) exercising authority with respect to the ap15 prehension or arrest of an alien submits a request to the 

16 Secretary of Homeland Security that the alien be taken 

17 into Federal custody, the Secretary of Homeland Secu18 rity— 

19 ‘‘(1) shall— 

20 ‘‘(A) deem the request to include the in21 quiry to verify immigration status described in 

22 section 642(c) of the Illegal Immigration Re23 form and Immigrant Responsibility Act of 1996 

24 (8 U.S.C. 1373(c)), and expeditiously inform 

25 the requesting entity whether such individual is 


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1 an alien lawfully admitted to the United States 

2 or is otherwise lawfully present in the United 

3 States; and 

4 ‘‘(B) if the individual is an alien who is not 

5 lawfully admitted to the United States or other6 wise is not lawfully present in the United 

7 States— 

8 ‘‘(i) take the illegal alien into the cus9 tody of the Federal Government not later 

10 than 72 hours after— 

11 ‘‘(I) the conclusion of the State 

12 charging process or dismissal process; 

13 or 

14 ‘‘(II) the illegal alien is appre15 hended, if no State charging or dis16 missal process is required; or 

17 ‘‘(ii) request that the relevant State or 

18 local law enforcement agency temporarily 

19 detain or transport the alien to a location 

20 for transfer to Federal custody; and 

21 ‘‘(2) shall designate at least 1 Federal, State, 

22 or local prison or jail or a private contracted prison 

23 or detention facility within each State as the central 

24 facility for that State to transfer custody of aliens 

25 to the Department of Homeland Security. 


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1 ‘‘(b) REIMBURSEMENT.— 

2 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

3 Security shall reimburse a State, or a political sub4 division of a State, for expenses, as verified by the 

5 Secretary, incurred by the State or political subdivi6 sion in the detention and transportation of an alien 

7 as described in subparagraphs (A) and (B) of sub8 section (c)(1). 

9 ‘‘(2) COST COMPUTATION.—Compensation pro10 vided for costs incurred under subparagraphs (A) 

11 and (B) of subsection (c)(1) shall be— 

12 ‘‘(A) the product of— 

13 ‘‘(i) the average daily cost of incarcer14 ation of a prisoner in the relevant State, as 

15 determined by the chief executive officer of 

16 a State (or, as appropriate, a political sub17 division of the State); multiplied by 

18 ‘‘(ii) the number of days that the alien 

19 was in the custody of the State or political 

20 subdivision; plus 

21 ‘‘(B) the cost of transporting the alien 

22 from the point of apprehension or arrest to the 

23 location of detention, and if the location of de24 tention and of custody transfer are different, to 

25 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 ‘‘(c) 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 ‘‘(d) 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 ‘‘(e) AUTHORITY FOR CONTRACTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

23 Security may enter into contracts or cooperative 

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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 2008 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. 224. 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. 225. COOPERATIVE ENFORCEMENT PROGRAMS. 

15 Not later than 2 years after the date of the enact16 ment of this Act, the Secretary shall negotiate and exe17 cute, where practicable, a cooperative enforcement agree18 ment described in section 287(g) of the Immigration and 

19 Nationality Act (8 U.S.C. 1357(g)) with at least 1 law 

20 enforcement agency in each State, to train law enforce21 ment officers in the detection and apprehension of individ22 uals engaged in transporting, harboring, sheltering, or en23 couraging aliens in violation of section 274 of such Act 

24 (8 U.S.C. 1324). 


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1 SEC. 226. EXPANSION OF THE JUSTICE PRISONER AND 

2 ALIEN TRANSFER SYSTEM. 

3 Not later than 60 days after the date of enactment 

4 of this Act, the Attorney General shall issue a directive 

5 to expand the Justice Prisoner and Alien Transfer System 

6 (JPATS) so that such System provides additional services 

7 with respect to aliens who are illegally present in the 

8 United States. Such expansion should include— 

9 (1) increasing the daily operations of such Sys10 tem with buses and air hubs in 3 geographic regions; 

11 (2) allocating a set number of seats for such 

12 aliens for each metropolitan area; 

13 (3) allowing metropolitan areas to trade or give 

14 some of seats allocated to them under the System 

15 for such aliens to other areas in their region based 

16 on the transportation needs of each area; and 

17 (4) requiring an annual report that analyzes of 

18 the number of seats that each metropolitan area is 

19 allocated under this System for such aliens and 

20 modifies such allocation if necessary. 

21 SEC. 227. DIRECTIVE TO THE UNITED STATES SENTENCING 

22 COMMISSION. 

23 (a) IN GENERAL.—Pursuant to the authority under 

24 section 994 of title 28, United States Code, the United 

25 States Sentencing Commission shall promulgate or amend 

26 the sentencing guidelines, policy statements, and official 


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1 commentaries related to passport fraud offenses, including 

2 the offenses described in chapter 75 of title 18, United 

3 States Code, as amended by section 208 of this Act, to 

4 reflect the serious nature of such offenses. 

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

6 of the enactment of this Act, the United States Sentencing 

7 Commission shall submit to the Committee on the Judici8 ary of the Senate and the Committee on the Judiciary of 

9 the House of Representatives a report on the implementa10 tion of this section. 

11 SEC. 228. CANCELLATION OF VISAS. 

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

13 (1) in paragraph (1)— 

14 (A) by striking ‘‘Attorney General’’ and in15 serting ‘‘Secretary’’; 

16 (B) by inserting ‘‘or otherwise violated any 

17 of the terms of the nonimmigrant classification 

18 in which the alien was admitted,’’ before ‘‘such 

19 visa’’; and 

20 (C) by inserting ‘‘and any other non21 immigrant visa issued by the United States that 

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

23 visa’’; and 

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

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


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

2 nationality’’ and inserting ‘‘(other than a visa de3 scribed in paragraph (1)) issued in a consular office 

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

5 foreign residence’’. 

6 SEC. 229. JUDICIAL REVIEW OF VISA REVOCATION. 

7 (a) IN GENERAL.—Section 221(i) of the Immigration 

8 and Nationality Act (8 U.S.C. 1201(i)) is amended by 

9 striking ‘‘There shall be no means of judicial review’’ and 

10 all that follows and inserting the following: ‘‘Notwith11 standing any other provision of law, including section 

12 2241 of title 28, United States Code, any other habeas 

13 corpus provision, and sections 1361 and 1651 of such title, 

14 a revocation under this subsection may not be reviewed 

15 by any court, and no court shall have jurisdiction to hear 

16 any claim arising from, or any challenge to, such a revoca17 tion, provided that the revocation is executed by the Sec18 retary.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall— 

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

22 this Act; and 

23 (2) apply to all revocations made on or after 

24 such date. 

TITLE III—WORKSITE ENFORCEMENT 

Sec. 301. Purposes. 


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Sec. 302. Unlawful employment of aliens. 

Sec. 303. Effective date. 

Sec. 304. Disclosure of certain taxpayer information to assist in immigration enforcement. 

Sec. 305. Increasing security and integrity of Social Security cards. 

Sec. 306. Increasing security and integrity of identity documents. 

Sec. 307. Voluntary advanced verification program to combat identity theft. 

Sec. 308. Responsibilities of the Social Security Administration. 

Sec. 309. Immigration enforcement support by the Internal Revenue Service and 

the Social Security Administration. 

Sec. 310. Authorization of appropriations. 

1 TITLE III—WORKSITE 

2 ENFORCEMENT 

3 SEC. 301. PURPOSES. 

4 (a) To continue to prohibit the hiring, recruitment, 

5 or referral of unauthorized aliens. 

6 (b) To require that each employer take reasonable 

7 steps to verify the identity and work authorization status 

8 of all its employees, without regard to national origin and 

9 citizenship status. 

10 (c) To authorize the Secretary of Homeland Security 

11 to access records of other federal agencies for the purposes 

12 of confirming identity, authenticating lawful presence and 

13 preventing identity theft and fraud related to unlawful em14 ployment. 

15 (d) To ensure that the Commissioner of Social Secu16 rity has the necessary authority to provide information to 

17 the Secretary of Homeland Security that would assist in 

18 the enforcement of the immigration laws. 

19 (e) To authorize the Secretary of Homeland Security 

20 to confirm issuance of state identity documents, including 


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1 driver’s licenses, and to obtain and transmit individual 

2 photographic images held by states for identity authen3 tication purposes. 

4 (f) To collect information on employee hires. 

5 (g) To electronically secure a social security number 

6 in the Employment Eligibility Verification System 

7 (EEVS) at the request of an individual who has been con8 firmed to be the holder of that number, and to prevent 

9 fraudulent use of the number by others. 

10 (h) To provide for record retention of EEVS inquir11 ies, to prevent identity fraud and employment authoriza12 tion fraud. 

13 (i) To employ fast track regulatory and procurement 

14 procedures to expedite implementation of this Title and 

15 pertinent sections of the INA for a period of two years 

16 from enactment. 

17 (j) To establish the following: 

18 (1) a document verification process requiring 

19 employers to inspect, copy, and retain identity and 

20 work authorization documents; 

21 (2) an EEVS requiring employers to obtain 

22 confirmation of an individual’s identity and work au23 thorization; 


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1 (3) procedures for employers to register for the 

2 EEVS and to confirm work eligibility through the 

3 EEVS; 

4 (4) a streamlined enforcement procedure to en5 sure efficient adjudication of violations of this Title; 

6 (5) a system for the imposition of civil penalties 

7 and their enforcement, remission or mitigation; 

8 (6) an enhancement of criminal and civil pen9 alties; 

10 (7) increased coordination of information and 

11 enforcement between the Internal Revenue Service 

12 and the Department of Homeland Security regard13 ing employers who have violations related to the em14 ployment of unauthorized aliens; 

15 (8) increased penalties under the Internal Rev16 enue Code for employers who have violations relating 

17 to the employment of unauthorized aliens. 

18 SEC. 302. UNLAWFUL EMPLOYMENT OF ALIENS. 

19 (a) Section 274A of the Immigration and Nationality 

20 Act (8 U.S.C. 1324a) is amended to read as follows: 

21 ‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED

22 ALIENS UNLAWFUL.— 

23 ‘‘(1) IN GENERAL.—It is unlawful for an em24 ployer— 


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1 ‘‘(A) to hire, or to recruit or refer for a 

2 fee, an alien for employment in the United 

3 States knowing or with reckless disregard that 

4 the alien is an unauthorized alien (as defined in 

5 subsection (b)(1)) with respect to such employ6 ment; or 

7 ‘‘(B) to hire, or to recruit or refer for a 

8 fee, for employment in the United States an in9 dividual without complying with the require10 ments of subsections (c) and (d). 

11 ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw12 ful for an employer, after hiring an alien for employ13 ment, to continue to employ the alien in the United 

14 States knowing or with reckless disregard that the 

15 alien is (or has become) an unauthorized alien with 

16 respect to such employment. 

17 ‘‘(3) USE OF LABOR THROUGH CONTRACT.— 

18 For purposes of this section, an employer who uses 

19 a contract, subcontract, or exchange to obtain the 

20 labor of an alien in the United States knowing that 

21 the alien is an unauthorized alien (as defined in sub22 section (b)(1)) with respect to performing such 

23 labor, shall be considered to have hired the alien for 

24 employment in the United States in violation of 

25 paragraph (1)(A). 


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1 ‘‘(A) By regulation, the Secretary may re2 quire, for purposes of ensuring compliance with 

3 the immigration laws, that an employer include 

4 in a written contract, subcontract, or exchange 

5 an effective and enforceable requirement that 

6 the contractor or subcontractor adhere to the 

7 immigration laws of the United States, includ8 ing use of EEVS. 

9 ‘‘(B) The Secretary may establish proce10 dures by which an employer may obtain con11 firmation from the Secretary that the con12 tractor or subcontractor has registered with the 

13 EEVS and is utilizing the EEVS to verify its 

14 employees. 

15 ‘‘(C) The Secretary may establish such 

16 other requirements for employers using contrac17 tors or subcontractors as the Secretary deems 

18 necessary to prevent knowing violations of this 

19 paragraph. 

20 ‘‘(4) APPLICATION TO FEDERAL GOVERN21 MENT.—For purposes of this section, the term ‘em22 ployer’ includes entities in any branch of the Federal 

23 Government. 

24 ‘‘(5) DEFENSE.—An employer that establishes 

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1 ments of subsections (c)(1) through (c)(4), per2 taining to document verification requirements, and 

3 subsection (d) has established an affirmative defense 

4 that the employer has not violated paragraph (1)(A) 

5 with respect to such hiring, recruiting, or referral, 

6 however: 

7 ‘‘(A) until such time as the Secretary has 

8 required an employer to participate in the 

9 EEVS or such participation is permitted on a 

10 voluntary basis pursuant to subsection (d), a 

11 defense is established without a showing of 

12 compliance with subsection (d); and 

13 ‘‘(B) to establish a defense, the employer 

14 must also be in compliance with any additional 

15 requirements that the Secretary may promul16 gate by regulation pursuant to subsections (c), 

17 (d), and (k). 

18 ‘‘(6) An employer is presumed to have acted 

19 with knowledge or reckless disregard if the employer 

20 fails to comply with written standards, procedures or 

21 instructions issued by the Secretary. Such stand22 ards, procedures or instructions shall be objective 

23 and verifiable. 

24 ‘‘(b) DEFINITIONS.— 


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1 ‘‘(1) DEFINITION OF UNAUTHORIZED ALIEN.— 

2 As used in this section, the term ‘unauthorized alien’ 

3 means, with respect to the employment of an alien 

4 at a particular time, that the alien is not at that 

5 time either— 

6 ‘‘(A) an alien lawfully admitted for perma7 nent residence; or 

8 ‘‘(B) authorized to be so employed by this 

9 Act or by the Secretary. 

10 ‘‘(2) DEFINITION OF EMPLOYER.—For pur11 poses of this section, the term ‘employer’ means any 

12 person or entity hiring, recruiting, or referring an 

13 individual for employment in the United States. 

14 ‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 

15 Any employer hiring, recruiting, or referring an individual 

16 for employment in the United States shall take all reason17 able steps to verify that the individual is authorized to 

18 work in the United States, including the requirements of 

19 subsection (d) and the following paragraphs: 

20 ‘‘(1) Attestation after examination of docu21 mentation. 

22 ‘‘(A) IN GENERAL.—The employer must 

23 attest, under penalty of perjury and on a form 

24 prescribed by the Secretary, that it has verified 


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1 the identity and work authorization status of 

2 the individual by examining— 

3 ‘‘(i) a document described in subpara4 graph (B); or 

5 ‘‘(ii) a document described in sub6 paragraph (C) and a document described 

7 in subparagraph (D). 

8 Such attestation may be manifested by a hand9 written or electronic signature. An employer has 

10 complied with the requirement of this para11 graph with respect to examination of docu12 mentation if the employer has followed applica13 ble regulations and any written procedures or 

14 instructions provided by the Secretary and if a 

15 reasonable person would conclude that the doc16 umentation is genuine and establishes the em17 ployee’s identity and authorization to work, tak18 ing into account any information provided to 

19 the employer by the Secretary, including photo20 graphs. 

21 ‘‘(B) DOCUMENTS ESTABLISHING BOTH

22 EMPLOYMENT AUTHORIZATION AND IDEN23 TITY.—A document described in this subpara24 graph is an individual’s— 


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1 ‘‘(i) United States passport, or pass2 port card issued pursuant to the Secretary 

3 of State’s authority under 22 U.S.C. 211a; 

4 ‘‘(ii) permanent resident card or other 

5 document issued by the Secretary or Sec6 retary of State to aliens authorized to work 

7 in the United States, if the document— 

8 ‘‘(I) contains a photograph of the 

9 individual, biometric data, such as fin10 gerprints, or such other personal iden11 tifying information relating to the in12 dividual as the Secretary finds, by 

13 regulation, sufficient for the purposes 

14 of this subsection; 

15 ‘‘(II) is evidence of authorization 

16 for employment in the United States; 

17 and 

18 ‘‘(III) contains security features 

19 to make it resistant to tampering, 

20 counterfeiting, and fraudulent use; or 

21 ‘‘(iii) a temporary interim benefits 

22 card valid under section 218C(c) of the 

23 Immigration and Nationality Act, as 

24 amended by section 602 of the Comprehen25 sive Immigration Reform Act of 2007, 


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1 bearing a photograph and an expiration 

2 date, and issued by the Secretary to aliens 

3 applying for temporary worker status 

4 under the Z-visa. 

5 ‘‘(C) DOCUMENTS ESTABLISHING IDEN6 TITY OF INDIVIDUAL.—A document described in 

7 this subparagraph includes— 

8 ‘‘(i) an individual’s driver’s license or 

9 identity card issued by a State, the Com10 monwealth of the Northern Mariana Is11 lands, or an outlying possession of the 

12 United States, provided that the issuing 

13 State or entity has certified to the Sec14 retary of Homeland Security that it is in 

15 compliance with the minimum standards 

16 required under section 202 of the REAL 

17 ID Act of 2005 (division B of Public Law 

18 109–13) (49 U.S.C. 30301 note) and im19 plementing regulations issued by the Sec20 retary of Homeland Security once those re21 quirements become effective; 

22 ‘‘(ii) an individual’s driver’s license or 

23 identity card issued by a State, the Com24 monwealth of the Northern Mariana Is25 lands, or an outlying possession of the 


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1 United States which is not compliant with 

2 section 202 of the REAL ID Act of 2005 

3 if— 

4 ‘‘(I) the driver’s license or iden5 tity card contains the individual’s pho6 tograph as well as the individual’s 

7 name, date of birth, gender, height, 

8 eye color and address, 

9 ‘‘(II) the card has been approved 

10 for this purpose in accordance with 

11 timetables and procedures established 

12 by the Secretary pursuant to sub13 section (c)(1)(F) of this section, and 

14 ‘‘(III) the card is presented by 

15 the individual and examined by the 

16 employer in combination with a U.S. 

17 birth certificate, or a Certificate of 

18 Naturalization, or a Certificate of 

19 Citizenship, or such other documents 

20 as may be prescribed by the Sec21 retary, 

22 ‘‘(iii) for individuals under 16 years of 

23 age who are unable to present a document 

24 listed in clause (i) or (ii), documentation of 

25 personal identity of such other type as the 


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1 Secretary finds provides a reliable means 

2 of identification, provided it contains secu3 rity features to make it resistant to tam4 pering, counterfeiting, and fraudulent use; 

5 or 

6 ‘‘(iv) other documentation evidencing 

7 identity as identified by the Secretary in 

8 his discretion, with notice to the public 

9 provided in the Federal Register, to be ac10 ceptable for purposes of this section, pro11 vided that the document, including any 

12 electronic security measures linked to the 

13 document, contains security features that 

14 make the document as resistant to tam15 pering, counterfeiting, and fraudulent use 

16 as the documents listed in (B)(i), B(ii), or 

17 (C)(i). 

18 ‘‘(D) DOCUMENTS EVIDENCING EMPLOY19 MENT AUTHORIZATION.—The following docu20 ments may be accepted as evidence of employ21 ment authorization— 

22 ‘‘(i) a social security account number 

23 card issued by the Commissioner of Social 

24 Security (other than a card which specifies 

25 on its face that the card is not valid for 


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1 employment in the United States). The 

2 Secretary, in consultation with the Com3 missioner of Social Security, may require 

4 by publication of a notice in the Federal 

5 Register that only a social security account 

6 number card described in Section 305 of 

7 this Title be accepted for this purpose; or 

8 ‘‘(ii) any other documentation evidenc9 ing authorization of employment in the 

10 United States which the Secretary de11 clares, by publication in the Federal Reg12 ister, to be acceptable for purposes of this 

13 section, provided that the document, in14 cluding any electronic security measures 

15 linked to the document contains security 

16 features to make it resistant to tampering, 

17 counterfeiting, and fraudulent use. 

18 ‘‘(E) AUTHORITY TO PROHIBIT USE OF

19 CERTAIN DOCUMENTS.—If the Secretary finds 

20 that any document or class of documents de21 scribed in subparagraph (B), (C), or (D) as es22 tablishing employment authorization or identity 

23 does not reliably establish such authorization or 

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1 tice to the public provided in the Federal Reg2 ister, prohibit or restrict the use of that docu3 ment or class of documents for purposes of this 

4 subsection. 

5 ‘‘(F) After June 1, 2013, no driver’s li6 cense or state identity card may be accepted if 

7 it does not comply with the REAL ID Act of 

8 2005. This paragraph (c)(1)(F) shall have no 

9 effect on paragraphs (c)(1)(B), (c)(1)(C)(iii), 

10 (c)(1)(C)(iv), or (c)(1)(D). 

11 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY12 MENT AUTHORIZATION.—The individual must attest, 

13 under penalty of perjury on the form prescribed by 

14 the Secretary, that the individual is a citizen or na15 tional of the United States, an alien lawfully admit16 ted for permanent residence, or an alien who is au17 thorized under this Act or by the Secretary to be 

18 hired, recruited, or referred for such employment. 

19 Such attestation may be manifested by either a 

20 hand-written or electronic signature. 

21 ‘‘(3) RETENTION OF VERIFICATION FORM.— 

22 After completion of such form in accordance with 

23 paragraphs (1) and (2), the employer must retain a 

24 paper, microfiche, microfilm, or electronic version of 

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1 cers of the Department of Homeland Security (or 

2 persons designated by the Secretary), the Special 

3 Counsel for Immigration-Related Unfair Employ4 ment Practices, or the Department of Labor during 

5 a period beginning on the date of the hiring, recruit6 ing, or referral of the individual and ending— 

7 ‘‘(A) in the case of the recruiting or refer8 ral for a fee (without hiring) of an individual, 

9 seven years after the date of the recruiting or 

10 referral; and 

11 ‘‘(B) in the case of the hiring of an indi12 vidual— 

13 ‘‘(i) seven years after the date of such 

14 hiring; or 

15 ‘‘(ii) two years after the date the indi16 vidual’s employment is terminated, which17 ever is earlier. 

18 ‘‘(4) Copying of documentation and recordkeeping 

19 required. 

20 ‘‘(A) Notwithstanding any other provision 

21 of law, the employer shall copy all documents 

22 presented by an individual pursuant to this sub23 section and shall retain a paper, microfiche, 

24 microfilm, or electronic copy as prescribed in 

25 paragraph (3), but only (except as otherwise 


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1 permitted under law) for the purposes of com2 plying with the requirements of this subsection. 

3 Such copies shall reflect the signatures of the 

4 employer and the employee, as well as the date 

5 of receipt. 

6 ‘‘(B) The employer shall also maintain 

7 records of Social Security Administration cor8 respondence regarding name and number 

9 mismatches or no-matches and the steps taken 

10 to resolve such issues. 

11 ‘‘(C) The employer shall maintain records 

12 of all actions and copies of any correspondence 

13 or action taken by the employer to clarify or re14 solve any issue that raises reasonable doubt as 

15 to the validity of the alien’s identity or work au16 thorization. 

17 ‘‘(D) The employer shall maintain such 

18 records as prescribed in this subsection. The 

19 Secretary may prescribe the manner of record20 keeping and may require that additional records 

21 be kept or that additional documents be copied 

22 and maintained. The Secretary may require 

23 that these documents be transmitted electroni24 cally, and may develop automated capabilities to 

25 request such documents. 


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1 ‘‘(5) PENALTIES.— An employer that fails to 

2 comply with any requirement of this subsection shall 

3 be penalized under subsection (e)(4)(B). 

4 ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI5 FICATION CARDS.— Nothing in this section shall be 

6 construed to authorize, directly or indirectly, the 

7 issuance or use of national identification cards or 

8 the establishment of a national identification card. 

9 ‘‘(7) The employer shall use the procedures for 

10 document verification set forth in this paragraph for 

11 all employees without regard to national origin or 

12 citizenship status. 

13 ‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS14 TEM.— 

15 ‘‘(1) IN GENERAL.—The Secretary, in cooperation 

16 and consultation with the Secretary of State, the 

17 Commissioner of Social Security, and the states, 

18 shall implement and specify the procedures for 

19 EEVS. The participating employers shall timely reg20 ister with EEVS and shall use EEVS as described 

21 in subsection (d)(5). 

22 ‘‘(2) IMPLEMENTATION SCHEDULE.— 

23 ‘‘(A) As of the date of enactment of this 

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1 ister, is authorized to require any employer or 

2 industry which the Secretary determines to be 

3 part of the critical infrastructure, a federal con4 tractor, or directly related to the national secu5 rity or homeland security of the United States 

6 to participate in the EEVS. This requirement 

7 may be applied to both newly hired and current 

8 employees. The Secretary shall notify employers 

9 subject to this subparagraph 30 days prior to 

10 EEVS. 

11 ‘‘(B) No later than 6 months after the 

12 date of enactment of this section, the Secretary 

13 shall require additional employers or industries 

14 to participate in the EEVS. This requirement 

15 shall be applied to new employees hired, and 

16 current employees subject to reverification be17 cause of expiring work authorization docu18 mentation or expiration of immigration status, 

19 on or after the date on which the requirement 

20 takes effect. The Secretary, by notice in the 

21 Federal Register, shall designate these employ22 ers or industries, in his discretion, based upon 

23 risks to critical infrastructure, national security, 

24 immigration enforcement, or homeland security 

25 needs. 


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1 ‘‘(C) No later than 18 months after the 

2 date of enactment of this section, the Secretary 

3 shall require all employers to participate in the 

4 EEVS with respect to newly hired employees 

5 and current employees subject to reverification 

6 because of expiring work authorization docu7 mentation or expiration of immigration status. 

8 ‘‘(D) No later than three years after the 

9 date of enactment of this section, all employers 

10 shall participate in the EEVS with respect to 

11 new employees, all employees whose identity 

12 and employment authorization have not been 

13 previously verified through EEVS, and all em14 ployees in Z status who have not previously pre15 sented a secure document evidencing their Z 

16 status. The Secretary may specify earlier dates 

17 for participation in the EEVS in his discretion 

18 for some or all classes of employer or employee. 

19 ‘‘(E) The Secretary shall create the nec20 essary systems and processes to monitor the 

21 functioning of the EEVS, including the volume 

22 of the workflow, the speed of processing of que23 ries, and the speed and accuracy of responses. 

24 These systems and processes shall be audited 

25 by the Government Accountability Office 9 


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1 months after the date of enactment of this sec2 tion and 24 months after the date of enactment 

3 of this section. The Government Accountability 

4 Office shall report the results of the audits to 

5 Congress. 

6 ‘‘(3) PARTICIPATION IN EEVS.—The Secretary 

7 has the following discretionary authority to require 

8 or to permit participation in the EEVS— 

9 ‘‘(A) To permit any employer that is not 

10 required to participate in the EEVS to do so on 

11 a voluntary basis; 

12 ‘‘(B) To require any employer that is re13 quired to participate in the EEVS with respect 

14 to its newly hired employees also to do so with 

15 respect to its current workforce if the Secretary 

16 has reasonable cause to believe that the em17 ployer has engaged in any violation of the immi18 gration laws. 

19 ‘‘(4) CONSEQUENCE OF FAILURE TO PARTICI20 PATE.—If an employer is required under this sub21 section to participate in the EEVS and fails to com22 ply with the requirements of such program with re23 spect to an individual— 


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1 ‘‘(A) such failure shall be treated as a vio2 lation of subsection (a)(1)(B) of this section 

3 with respect to that individual, and 

4 ‘‘(B) a rebuttable presumption is created 

5 that the employer has violated subsection 

6 (a)(1)(A) or (a)(2) of this section. 

7 ‘‘Subparagraph (B) shall not apply in any pros8 ecution under subsection 274A(f)(1). 

9 ‘‘(5) PROCEDURES FOR PARTICIPANTS IN THE

10 EEVS.— 

11 ‘‘(A) IN GENERAL.—An employer partici12 pating in the EEVS must register in the EEVS 

13 and conform to the following procedures in the 

14 event of hiring, recruiting, or referring any in15 dividual for employment in the United States: 

16 ‘‘(i) REGISTRATION OF EMPLOYERS.— 

17 The Secretary, through notice in the Fed18 eral Register, shall prescribe procedures 

19 that employers must follow to register in 

20 the EEVS. In prescribing these proce21 dures, the Secretary shall have authority to 

22 require employers to provide: 

23 ‘‘(I) employer’s name; 

24 ‘‘(II) employer’s Employment 

25 Identification Number (EIN); 


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1 ‘‘(III) company address; 

2 ‘‘(IV) name, position and social 

3 security number of the employer’s em4 ployees accessing the EEVS; and 

5 ‘‘(V) such other information as 

6 the Secretary deems necessary to en7 sure proper use and security of the 

8 EEVS. 

9 The Secretary shall require employers to 

10 undergo such training as the Secretary 

11 deems necessary to ensure proper use and 

12 security of the EEVS. To the extent prac13 ticable, such training shall be made avail14 able electronically. 

15 ‘‘(ii) PROVISION OF ADDITIONAL IN16 FORMATION.—The employer shall obtain 

17 from the individual (and the individual 

18 shall provide) and shall record in such 

19 manner as the Secretary may specify— 

20 ‘‘(I) an individual’s social secu21 rity account number, 

22 ‘‘(II) if the individual does not 

23 attest to United States nationality 

24 under subsection (c)(2) of this section, 

25 such identification or authorization 


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1 number established by the Depart2 ment of Homeland Security as the 

3 Secretary of Homeland Security shall 

4 specify, and 

5 ‘‘(III) such other information as 

6 the Secretary may require to deter7 mine the identity and work authoriza8 tion of an employee. 

9 ‘‘(iii) PRESENTATION OF DOCUMENTA10 TION.—The employer, and the individual 

11 whose identity and employment eligibility 

12 are being confirmed, shall fulfill the re13 quirements of subsection (c) of this sec14 tion. 

15 ‘‘(iv) PRESENTATION OF BIO16 METRICS.—Employers who are enrolled in 

17 the Voluntary Advanced Verification Pro18 gram to Combat Identity Theft under sec19 tion 307 of this Title shall, in addition to 

20 documentary evidence of identity and work 

21 eligibility, electronically provide the finger22 prints of the individual to the Department 

23 of Homeland Security.’’ 

24 ‘‘(B) SEEKING CONFIRMATION.— 


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1 ‘‘(i) The employer shall use the EEVS 

2 to provide to the Secretary all required in3 formation in order to obtain confirmation 

4 of the identity and employment eligibility 

5 of any individual no earlier than the date 

6 of hire and no later than on the first day 

7 of employment (or recruitment or referral, 

8 as the case may be). An employer may not, 

9 however, make the starting date of an indi10 vidual’s employment contingent on the re11 ceipt of a confirmation of the identity and 

12 employment eligibility. 

13 ‘‘(ii) For reverification of an employee 

14 with a limited period of work authorization 

15 (including Z card holder), all required 

16 verification procedures must be complete 

17 on the date the employee’s work authoriza18 tion expires. 

19 ‘‘(iii) For initial verification of an em20 ployee hired before the employer is subject 

21 to the employment eligibility verification 

22 system, all required procedures must be 

23 complete on such date as the Secretary 

24 shall specify in accordance with subpara25 graph (d)(2)(D). 


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1 ‘‘(iv) The Secretary shall provide, and 

2 the employer shall utilize, as part of 

3 EEVS, a method of communicating notices 

4 and requests for information or action on 

5 the part of the employer with respect to 

6 expiring work authorization or status and 

7 other matters. Additionally, the Secretary 

8 shall provide a method of notifying employ9 ers of a confirmation, nonconfirmation or a 

10 notice that further action is required (‘‘fur11 ther action notice’’). The employer shall 

12 communicate to the individual that is the 

13 subject of the verification all information 

14 provided to the employer by the EEVS for 

15 communication to the individual. 

16 ‘‘(C) CONFIRMATION OR NONCONFIRMA17 TION.— 

18 ‘‘(i) INITIAL RESPONSE.—The 

19 verification system shall provide a con20 firmation, a nonconfirmation, or a further 

21 action notice of an individual’s identity and 

22 employment eligibility at the time of the 

23 inquiry, unless for technological reasons or 

24 due to unforeseen circumstances, the 

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1 tion or further action notice. In such situa2 tions, the system shall provide confirma3 tion or further action notice within 3 busi4 ness days of the initial inquiry. If pro5 viding confirmation or further action no6 tice, the EEVS shall provide an appro7 priate code indicating such confirmation or 

8 such further action notice. 

9 ‘‘(ii) CONFIRMATION UPON INITIAL

10 INQUIRY.—When the employer receives an 

11 appropriate confirmation of an individual’s 

12 identity and work eligibility under the 

13 EEVS, the employer shall record the con14 firmation in such manner as the Secretary 

15 may specify. 

16 ‘‘(iii) FURTHER ACTION NOTICE UPON

17 INITIAL INQUIRY AND SECONDARY

18 VERIFICATION.— 

19 ‘‘(I) FURTHER ACTION NO20 TICE.—If the employer receives a fur21 ther action notice of an individual’s 

22 identity or work eligibility under the 

23 EEVS, the employer shall inform the 

24 individual without delay for whom the 

25 confirmation is sought of the further 


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1 action notice and any procedures spec2 ified by the Secretary for addressing 

3 the further action notice. The em4 ployee must acknowledge in writing 

5 the receipt of the further action notice 

6 from the employer. 

7 ‘‘(II) CONTEST.—Within ten 

8 business days from the date of notifi9 cation to the employee, the employee 

10 must contact the appropriate agency 

11 to contest the further action notice 

12 and, if the Secretary so requires, ap13 pear in person at the appropriate 

14 Federal or state agency for purposes 

15 of verifying the individual’s identity 

16 and employment authorization. The 

17 Secretary, in consultation with the 

18 Commissioner of Social Security and 

19 other appropriate Federal and State 

20 agencies, shall specify an available 

21 secondary verification procedure to 

22 confirm the validity of information 

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1 tice must attest under penalty of per2 jury to his identity and employment 

3 authorization. 

4 ‘‘(III) NO CONTEST.—If the indi5 vidual does not contest the further ac6 tion notice within the period specified 

7 in subparagraph (5)(C)(iii)(II), a final 

8 nonconfirmation shall issue. The em9 ployer shall then record the noncon10 firmation in such manner as the Sec11 retary may specify. 

12 ‘‘(IV) FINALITY.—The EEVS 

13 shall provide a final confirmation or 

14 nonconfirmation within 10 business 

15 days from the date of the employee’s 

16 contesting of the further action notice. 

17 As long as the employee is taking the 

18 steps required by the Secretary and 

19 the agency that the employee has con20 tacted to resolve a further action no21 tice, the Secretary shall extend the pe22 riod of investigation until the sec23 ondary verification procedure allows 

24 the Secretary to provide a final con25 firmation or nonconfirmation. If the 


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1 employee fails to take the steps re2 quired by the Secretary and the ap3 propriate agency, a final nonconfirma4 tion may be issued to that employee. 

5 ‘‘(V) RE-EXAMINATION.—Noth6 ing in this section shall prevent the 

7 Secretary from reexamining a case 

8 where a final confirmation has been 

9 provided if subsequently received in10 formation indicates that the individual 

11 may not be work authorized. 

12 In no case shall an employer terminate em13 ployment of an individual solely because of 

14 a failure of the individual to have identity 

15 and work eligibility confirmed under this 

16 section until a nonconfirmation becomes 

17 final and the period to timely file an ad18 ministrative appeal has passed, and in the 

19 case where an administrative appeal has 

20 been denied, the period to timely file a pe21 tition for judicial review has passed. When 

22 final confirmation or nonconfirmation is 

23 provided, the confirmation system shall 

24 provide an appropriate code indicating 

25 such confirmation or nonconfirmation. An 


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1 individual’s failure to contest a further ac2 tion notice shall not be considered an ad3 mission of guilt with respect to any viola4 tion of this section or any provision of law. 

5 ‘‘(D) CONSEQUENCES OF NONCONFIRMA6 TION.— 

7 ‘‘(i) TERMINATION OF CONTINUED

8 EMPLOYMENT.—If the employer has re9 ceived a final nonconfirmation regarding 

10 an individual, the employer shall terminate 

11 employment (or recruitment or referral) of 

12 the individual, unless the individual files 

13 an administrative appeal of a final noncon14 firmation notice under paragraph (7) with15 in the time period prescribed in that para16 graph and the Secretary or the Commis17 sioner stays the final nonconfirmation no18 tice pending the resolution of the adminis19 trative appeal. 

20 ‘‘(ii) CONTINUED EMPLOYMENT

21 AFTER FINAL NONCONFIRMATION.—If the 

22 employer continues to employ (or to recruit 

23 or refer) an individual after receiving final 

24 nonconfirmation (unless the individual filed 

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1 firmation notice under paragraph (7) with2 in the time period prescribed in that para3 graph and the Secretary of the Commis4 sioner stayed the final nonconfirmation no5 tice pending the resolution of the adminis6 trative appeal), a rebuttable presumption is 

7 created that the employer has violated sub8 sections (a)(1)(A) and (a)(2) of this sec9 tion. The previous sentence shall not apply 

10 in any prosecution under subsection (f)(1) 

11 of this section. 

12 ‘‘(E) OBLIGATION TO RESPOND TO QUE13 RIES AND ADDITIONAL INFORMATION.— 

14 ‘‘(i) Employers are required to comply 

15 with requests from the Secretary through 

16 EEVS for information, including queries 

17 concerning current and former employees 

18 that relate to the functioning of the EEVS, 

19 the accuracy of the responses provided by 

20 the EEVS, and any suspected fraud or 

21 identity theft in the use of the EEVS. 

22 Failure to comply with such a request is a 

23 violation of section (a)(1)(B). 

24 ‘‘(ii) Individuals being verified 

25 through EEVS may be required to take 


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1 further action to address irregularities 

2 identified in the documents relied upon for 

3 purposes of employment verification. The 

4 employer shall communicate to the indi5 vidual any such requirement for further ac6 tions and shall record the date and manner 

7 of such communication. The individual 

8 must acknowledge in writing the receipt of 

9 this communication from the employer. 

10 Failure to communicate such a require11 ment is a violation of section (a)(1)(B). 

12 ‘‘(iii) The Secretary is authorized, 

13 with notice to the public provided in the 

14 Federal Register, to implement, clarify, 

15 and supplement the requirements of this 

16 paragraph in order to facilitate the func17 tioning of the EEVS or to prevent fraud or 

18 identity theft in the use of the EEVS. 

19 ‘‘(F) IMPERMISSIBLE USE OF THE

20 EEVS.— 

21 ‘‘(i) An employer may not use the 

22 EEVS to verify an individual prior to ex23 tending to the individual an offer of em24 ployment. 


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1 ‘‘(ii) An employer may not require an 

2 individual to verify the individual’s own 

3 employment eligibility through the EEVS 

4 as a condition of extending to that indi5 vidual an offer of employment. Nothing in 

6 this paragraph shall be construed to pre7 vent an employer from encouraging an em8 ployee or a prospective employee from 

9 verifying the employee’s or a prospective 

10 employee’s own employment eligibility prior 

11 to obtaining employment pursuant to para12 graph (5)(H). 

13 ‘‘(iii) An employer may not terminate 

14 an individual’s employment solely because 

15 that individual has been issued a further 

16 action notice. 

17 ‘‘(iv) An employer may not take the 

18 following actions solely because an indi19 vidual has been issued a further action no20 tice: 

21 ‘‘(I) reduce salary, bonuses or 

22 other compensation due to the em23 ployee; 

24 ‘‘(II) suspend the employee with25 out pay; 


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1 ‘‘(III) reduce the hours that the 

2 employee is required to work if such 

3 reduction is accompanied by a reduc4 tion in salary, bonuses or other com5 pensation due to the employee, except 

6 that, with the agreement of the em7 ployee, an employer may provide an 

8 employee with reasonable time off 

9 without pay in order to contest and 

10 resolve the further action notice re11 ceived by the employee; 

12 ‘‘(IV) deny the employee the 

13 training necessary to perform the em14 ployment duties for which the em15 ployee has been hired. 

16 ‘‘(v) An employer may not, in the 

17 course of utilizing the procedures for docu18 ment verification set forth in subsection 

19 (c), require that a prospective employee 

20 present additional documents or different 

21 documents than those prescribed under 

22 that subsection. 

23 ‘‘(vi) The Secretary of Homeland Se24 curity shall develop the necessary policies 

25 and procedures to monitor employers’ use 


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1 of the EEVS and their compliance with the 

2 requirements set forth in this section. Em3 ployers are required to comply with re4 quests from the Secretary for information 

5 related to any monitoring, audit or inves6 tigation undertaken pursuant to this sub7 paragraph. 

8 ‘‘(vii) The Secretary of Homeland Se9 curity, in consultation with the Secretary 

10 of Labor, shall establish and maintain a 

11 process by which any employee (or any 

12 prospective employee who would otherwise 

13 have been hired) who has reason to believe 

14 that an employer has violated subpara15 graphs (i)–(v) may file a complaint against 

16 the employer. 

17 ‘‘(viii) Any employer found to have 

18 violated subparagraphs (i)–(v) shall pay a 

19 civil penalty of up to $10,000 for each vio20 lation. 

21 ‘‘(ix) This paragraph is not intended 

22 to, and does not, create any right, benefit, 

23 trust, or responsibility, whether substantive 

24 or procedural, enforceable at law or equity 

25 by a party against the United States, its 


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1 departments, agencies, instrumentalities, 

2 entities, officers, employees, or agents, or 

3 any person, nor does it create any right of 

4 review in a judicial proceeding. 

5 ‘‘(x) No later than 3 months after the 

6 date of enactment of this section, the Sec7 retary of Homeland Security, in coopera8 tion with the Secretary of Labor and the 

9 Administrator of the Small Business Ad10 ministration, shall conduct a campaign to 

11 disseminate information respecting the 

12 rights and remedies prescribed under this 

13 section. Such campaign shall be aimed at 

14 increasing the knowledge of employers, em15 ployees, and the general public concerning 

16 employer and employee rights, responsibil17 ities and remedies under this section. 

18 ‘‘(I) In order to carry out the 

19 campaign under this paragraph, the 

20 Secretary of Homeland Security may, 

21 to the extent deemed appropriate and 

22 subject to the availability of appro23 priations, contract with public and 

24 private organizations for outreach ac25 tivities under the campaign. 


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1 ‘‘(II) There are authorized to be 

2 appropriated to carry out this para3 graph $40,000,000 for each fiscal 

4 year 2007 through 2009. 

5 ‘‘(G) Based on a regular review of the 

6 EEVS and the document verification proce7 dures to identify fraudulent use and to assess 

8 the security of the documents being used to es9 tablish identity or employment authorization, 

10 the Secretary in consultation with the Commis11 sioner of Social Security may modify by Notice 

12 published in the Federal Register the docu13 ments that must be presented to the employer, 

14 the information that must be provided to EEVS 

15 by the employer, and the procedures that must 

16 be followed by employers with respect to any as17 pect of the EEVS if the Secretary in his discre18 tion concludes that the modification is nec19 essary to ensure that EEVS accurately and reli20 ably determines the work authorization of em21 ployees while providing protection against fraud 

22 and identity theft. 

23 ‘‘(H) Subject to appropriate safeguards to 

24 prevent misuse of the system, the Secretary in 

25 consultation with the Commissioner of Social 


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1 Security, shall establish secure procedures to 

2 permit an individual who seeks to verify the in3 dividual’s own employment eligibility prior to 

4 obtaining or changing employment, to contact 

5 the appropriate agency and, in a timely man6 ner, correct or update the information used by 

7 the EEVS. 

8 ‘‘(6) Protection from liability for actions taken 

9 on the basis of information provided by the con10 firmation system.—No employer participating in the 

11 EEVS shall be liable under any law for any employ12 ment-related action taken with respect to the em13 ployee in good faith reliance on information provided 

14 through the confirmation system. 

15 ‘‘(7) ADMINISTRATIVE REVIEW.— 

16 ‘‘(A) IN GENERAL.—An individual who re17 ceives a final nonconfirmation notice may, not 

18 later than 15 days after the date that such no19 tice is received, file an administrative appeal of 

20 such final notice. An individual who did not 

21 timely contest a further action notice may not 

22 avail himself of this paragraph. Unless the Sec23 retary of Homeland Security, in consultation 

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1 fies otherwise, all administrative appeals shall 

2 be filed as follows: 

3 ‘‘(i) NATIONALS OF THE UNITED

4 STATES.—An individual claiming to be a 

5 national of the United States shall file the 

6 administrative appeal with the Commis7 sioner. 

8 ‘‘(ii) ALIENS.—An individual claiming 

9 to be an alien authorized to work in the 

10 United States shall file the administrative 

11 appeal with the Secretary. 

12 ‘‘(B) REVIEW FOR ERROR.—The Secretary 

13 and the Commissioner shall each develop proce14 dures for resolving administrative appeals re15 garding final nonconfirmations based upon the 

16 information that the individual has provided, in17 cluding any additional evidence that was not 

18 previously considered. Appeals shall be resolved 

19 within 30 days after the individual has sub20 mitted all evidence relevant to the appeal. The 

21 Secretary and the Commissioner may, on a case 

22 by case basis for good cause, extend this period 

23 in order to ensure accurate resolution of an ap24 peal before him. Administrative review under 

25 this paragraph (7) shall be limited to whether 


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1 the final nonconfirmation notice is supported by 

2 the weight of the evidence. 

3 ‘‘(C) ADMINISTRATIVE RELIEF.—The relief 

4 available under this paragraph (7) is limited to 

5 an administrative order upholding, reversing, 

6 modifying, amending, or setting aside the final 

7 nonconfirmation notice. The Secretary or the 

8 Commissioner shall stay the final nonconfirma9 tion notice pending the resolution of the admin10 istrative appeal unless the Secretary or the 

11 Commissioner determines that the administra12 tive appeal is frivolous, unlikely to succeed on 

13 the merits, or filed for purposes of delay and 

14 terminates the stay. 

15 ‘‘(D) DAMAGES, FEES AND COSTS.—No 

16 money damages, fees or costs may be awarded 

17 in the administrative review process, and no 

18 court shall have jurisdiction to award any dam19 ages, fees or costs relating to such administra20 tive review under the Equal Access to Justice 

21 Act or any other law. 

22 ‘‘(8) JUDICIAL REVIEW.— 

23 ‘‘(A) EXCLUSIVE PROCEDURE.—Notwith24 standing any other provision of law (statutory 

25 or nonstatutory) including sections 1361 and 


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1 1651 of title 28, no court shall have jurisdiction 

2 to consider any claim against the United States, 

3 or any of its agencies, officers, or employees, 

4 challenging or otherwise relating to a final non5 confirmation notice or to the EEVS, except as 

6 specifically provided by this paragraph. Judicial 

7 review of a final nonconfirmation notice is gov8 erned only by chapter 158 of title 28, except as 

9 provided below. 

10 ‘‘(B) REQUIREMENTS FOR REVIEW OF A

11 FINAL NONCONFIRMATION NOTICE.—With re12 spect to review of a final nonconfirmation notice 

13 under subsection (a), the following requirements 

14 apply: 

15 ‘‘(i) DEADLINE.—The petition for re16 view must be filed no later than 30 days 

17 after the date of the completion of the ad18 ministrative appeal. 

19 ‘‘(ii) VENUE AND FORMS.—The peti20 tion for review shall be filed with the 

21 United States Court of Appeals for the ju22 dicial circuit wherein the petitioner resided 

23 when the final nonconfirmation notice was 

24 issued. The record and briefs do not have 

25 to be printed. The court of appeals shall 


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1 review the proceeding on a typewritten 

2 record and on typewritten briefs. 

3 ‘‘(iii) SERVICE.—The respondent is ei4 ther the Secretary of Homeland Security 

5 or the Commissioner of Social Security, 

6 but not both, depending upon who issued 

7 (or affirmed) the final nonconfirmation no8 tice. In addition to serving the respondent, 

9 the petitioner must also serve the Attorney 

10 General. 

11 ‘‘(iv) PETITIONER’S BRIEF.—The pe12 titioner shall serve and file a brief in con13 nection with a petition for judicial review 

14 not later than 40 days after the date on 

15 which the administrative record is avail16 able, and may serve and file a reply brief 

17 not later than 14 days after service of the 

18 brief of the respondent, and the court may 

19 not extend these deadlines, except for good 

20 cause shown. If a petitioner fails to file a 

21 brief within the time provided in this para22 graph, the court shall dismiss the appeal 

23 unless a manifest injustice would result. 

24 The court of appeals may set an expedited 

25 briefing schedule. 


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1 ‘‘(v) SCOPE AND STANDARD FOR RE2 VIEW.—The court of appeals shall decide 

3 the petition only on the administrative 

4 record on which the final nonconfirmation 

5 order is based. The burden shall be on the 

6 petitioner to show that the final noncon7 firmation decision was arbitrary, capri8 cious, not supported by substantial evi9 dence, or otherwise not in accordance with 

10 law. Administrative findings of fact are 

11 conclusive unless any reasonable adjudi12 cator would be compelled to conclude to 

13 the contrary. 

14 ‘‘(vi) STAY.—The court of appeals 

15 shall stay the final nonconfirmation notice 

16 pending its decision on the petition for re17 view unless the court determines that the 

18 petition for review is frivolous, unlikely to 

19 succeed on the merits, or filed for purposes 

20 of delay. 

21 ‘‘(C) EXHAUSTION OF ADMINISTRATIVE

22 REMEDIES.—A court may review a final non23 confirmation order only if— 


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1 ‘‘(1) the petitioner has exhausted all 

2 administrative remedies available to the 

3 alien as of right, and 

4 ‘‘(2) another court has not decided 

5 the validity of the order, unless the review6 ing court finds that the petition presents 

7 grounds that could not have been pre8 sented in the prior judicial proceeding or 

9 that the remedy provided by the prior pro10 ceeding was inadequate or ineffective to 

11 test the validity of the order. 

12 ‘‘(D) LIMIT ON INJUNCTIVE RELIEF.—Re13 gardless of the nature of the action or claim or 

14 of the identity of the party or parties bringing 

15 the action, no court (other than the Supreme 

16 Court) shall have jurisdiction or authority to 

17 enjoin or restrain the operation of the provi18 sions in this section, other than with respect to 

19 the application of such provisions to an indi20 vidual petitioner. 

21 ‘‘(9) MANAGEMENT OF EMPLOYMENT ELIGI22 BILITY VERIFICATION SYSTEM.— 

23 ‘‘(A) IN GENERAL.—The Secretary is au24 thorized to establish, manage and modify an 

25 EEVS that shall— 


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1 ‘‘(i) respond to inquiries made by par2 ticipating employers at any time through 

3 the internet concerning an individual’s 

4 identity and whether the individual is au5 thorized to be employed; 

6 ‘‘(ii) maintain records of the inquiries 

7 that were made, of confirmations provided 

8 (or not provided), and of the codes pro9 vided to employers as evidence of their 

10 compliance with their obligations under the 

11 EEVS; and 

12 ‘‘(iii) provide information to, and re13 quest action by, employers and individuals 

14 using the system, including notifying em15 ployers of the expiration or other relevant 

16 change in an employee’s employment au17 thorization, and directing an employer to 

18 convey to the employee a request to con19 tact the appropriate Federal or State agen20 cy. 

21 ‘‘(B) DESIGN AND OPERATION OF SYS22 TEM.—The EEVS shall be designed and oper23 ated— 

24 ‘‘(i) to maximize its reliability and 

25 ease of use by employers consistent with 


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1 insulating and protecting the privacy and 

2 security of the underlying information; 

3 ‘‘(ii) to respond accurately to all in4 quiries made by employers on whether in5 dividuals are authorized to be employed 

6 and to register any times when the system 

7 is unable to receive inquiries; 

8 ‘‘(iii) to maintain appropriate admin9 istrative, technical, and physical safeguards 

10 to prevent unauthorized disclosure of per11 sonal information; 

12 ‘‘(iv) to allow for auditing use of the 

13 system to detect fraud and identify theft, 

14 and to preserve the security of the infor15 mation in all of the system, including but 

16 not limited to the following: 

17 ‘‘(I) to develop and use algo18 rithms to detect potential identity 

19 theft, such as multiple uses of the 

20 same identifying information or docu21 ments; 

22 ‘‘(II) to develop and use algo23 rithms to detect misuse of the system 

24 by employers and employees; 


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1 ‘‘(III) to develop capabilities to 

2 detect anomalies in the use of the sys3 tem that may indicate potential fraud 

4 or misuse of the system; 

5 ‘‘(IV) to audit documents and in6 formation submitted by potential em7 ployees to employers, including au8 thority to conduct interviews with em9 ployers and employees; 

10 ‘‘(v) to confirm identity and work au11 thorization through verification of records 

12 maintained by the Secretary, other Federal 

13 departments, states, the Commonwealth of 

14 the Northern Mariana Islands, or an out15 lying possession of the United States, as 

16 determined necessary by the Secretary, in17 cluding: 

18 ‘‘(I) records maintained by the 

19 Social Security Administration as 

20 specified in (D); 

21 ‘‘(II) Birth and death records 

22 maintained by vital statistics agencies 

23 of any state or other United States 

24 jurisdiction; 


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1 ‘‘(III) Passport and visa records 

2 (including photographs) maintained 

3 by the United States Department of 

4 State; 

5 ‘‘(IV) State driver’s license or 

6 identity card information (including 

7 photographs) maintained by State de8 partment of motor vehicles. 

9 ‘‘(vi) to confirm electronically the 

10 issuance of the employment authorization 

11 or identity document and to display the 

12 digital photograph that the issuer placed 

13 on the document so that the employer can 

14 compare the photograph displayed to the 

15 photograph on the document presented by 

16 the employee. If in exceptional cases a pho17 tograph is not available from the issuer, 

18 the Secretary shall specify a temporary al19 ternative procedure for confirming the au20 thenticity of the document. 

21 ‘‘(C) The Secretary is authorized, with no22 tice to the public provided in the Federal Reg23 ister, to issue regulations concerning oper24 ational and technical aspects of the EEVS and 


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1 the efficiency, accuracy, and security of the 

2 EEVS. 

3 ‘‘(D) ACCESS TO INFORMATION.— 

4 ‘‘(i) Notwithstanding any other provi5 sion of law, the Secretary of Homeland Se6 curity shall have access to relevant records 

7 described at paragraph (9)(B)(v), for the 

8 purposes of preventing identity theft and 

9 fraud in the use of the EEVS and enforc10 ing the provisions of this section governing 

11 employment verification. A State or other 

12 non-Federal jurisdiction that does not pro13 vide such access shall not be eligible for 

14 any grant or other program of financial as15 sistance administered by the Secretary. 

16 ‘‘(ii) The Secretary, in consultation 

17 with the Commissioner of Social Security 

18 and other appropriate Federal and State 

19 agencies, shall develop policies and proce20 dures to ensure protection of the privacy 

21 and security of personally identifiable in22 formation and identifiers contained in the 

23 records accessed pursuant to this para24 graph and subparagraph (d)(5)(E)(i). The 

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1 missioner and other appropriate Federal 

2 and State agencies, shall develop and de3 ploy appropriate privacy and security 

4 training for the Federal and State employ5 ees accessing the records pursuant to this 

6 paragraph and subparagraph (d)(5)(E)(i). 

7 ‘‘(iii) The Chief Privacy Officer of the 

8 Department of Homeland Security shall 

9 conduct regular privacy audits of the poli10 cies and procedures established under sub11 paragraph (9)(D)(ii), including any collec12 tion, use, dissemination, and maintenance 

13 of personally identifiable information and 

14 any associated information technology sys15 tems, as well as scope of requests for this 

16 information. The Chief Privacy Officer 

17 shall review the results of the audits and 

18 recommend to the Secretary and the Pri19 vacy and Civil Liberties Oversight Board 

20 any changes necessary to improve the pri21 vacy protections of the program. 

22 ‘‘(E) RESPONSIBILITIES OF THE SEC23 RETARY OF HOMELAND SECURITY.— 

24 ‘‘(i) As part of the EEVS, the Sec25 retary shall establish a reliable, secure 


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1 method, which, operating through the 

2 EEVS and within the time periods speci3 fied, compares the name, alien identifica4 tion or authorization number, or other rel5 evant information provided in an inquiry 

6 against such information maintained or 

7 accessed by the Secretary in order to con8 firm (or not confirm) the validity of the in9 formation provided, the correspondence of 

10 the name and number, whether the alien is 

11 authorized to be employed in the United 

12 States (or, to the extent that the Secretary 

13 determines to be feasible and appropriate, 

14 whether the Secretary’s records verify 

15 United States citizenship), and such other 

16 information as the Secretary may pre17 scribe. 

18 ‘‘(ii) As part of the EEVS, the Sec19 retary shall establish a reliable, secure 

20 method, which, operating through the 

21 EEVS, displays the digital photograph de22 scribed in paragraph (d)(9)(B)(vi). 

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1 confirmation or further action notice shall 

2 be issued. 

3 ‘‘(iv) The Secretary shall perform reg4 ular audits under the EEVS, as described 

5 in paragraph (d)(9)(B)(iv) of this section 

6 and shall utilize the information obtained 

7 from such audits, as well as any informa8 tion obtained from the Commissioner of 

9 Social Security pursuant to section 304 of 

10 the Comprehensive Immigration Act of 

11 2007, for the purposes of this Title and of 

12 immigration enforcement in general. 

13 ‘‘(v) The Secretary shall make appro14 priate arrangements to allow employers 

15 who are otherwise unable to access the 

16 EEVS to use Federal Government facilities 

17 or public facilities in order to utilize the 

18 EEVS. 

19 ‘‘(F) RESPONSIBILITIES OF THE SEC20 RETARY OF STATE.—As part of the EEVS, the 

21 Secretary of State shall provide to the Sec22 retary access to passport and visa information 

23 as needed to confirm that a passport or pass24 port card presented under section (c)(1)(B) be25 longs to the subject of the EEVS check, or that 


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1 a passport or visa photograph matches an indi2 vidual; 

3 ‘‘(G) UPDATING INFORMATION.—The 

4 Commissioner of Social Security and the Secre5 taries of Homeland Security and State shall up6 date their information in a manner that pro7 motes maximum accuracy and shall provide a 

8 process for the prompt correction of erroneous 

9 information. 

10 ‘‘(10) LIMITATION ON USE OF THE EMPLOY11 MENT ELIGIBILITY VERIFICATION SYSTEM.—Not12 withstanding any other provision of law, nothing in 

13 this subsection shall be construed to permit or allow 

14 any department, bureau, or other agency of the 

15 United States Government to utilize any informa16 tion, database, or other records assembled under this 

17 subsection for any purpose other than for the en18 forcement and administration of the immigration 

19 laws, anti-terrorism laws, or for enforcement of Fed20 eral criminal law related to the functions of the 

21 EEVS, including prohibitions on forgery, fraud and 

22 identity theft. 

23 ‘‘(11) UNAUTHORIZED USE OR DISCLOSURE OF

24 INFORMATION.—Any employee of the Department of 

25 Homeland Security or another Federal or State 


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1 agency who knowingly uses or discloses the informa2 tion assembled under this subsection for a purpose 

3 other than one authorized under this section shall 

4 pay a civil penalty of $5,000–$50,000 for each viola5 tion. 

6 ‘‘(12) CONFORMING AMENDMENT.—Public Law 

7 104–208, div. C, title IV, subtitle A, sections 401– 

8 05 are repealed, provided that nothing in this sub9 section shall be construed to limit the authority of 

10 the Secretary to allow or continue to allow the par11 ticipation of Basic Pilot employers in the EEVS es12 tablished by this subsection. 

13 ‘‘(13) FUNDS.—In addition to any appropriated 

14 funds, the Secretary is authorized to use funds pro15 vided in sections 286(m) and (n), for the mainte16 nance and operation of the EEVS. EEVS shall be 

17 considered an immigration adjudication service for 

18 purposes of sections 286(m) and (n).’’ 

19 ‘‘(14) The employer shall use the procedures for 

20 EEVS specified in this section for all employees 

21 without regard to national origin or citizenship sta22 tus. 

23 ‘‘(e) COMPLIANCE.— 


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1 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

2 Secretary of Homeland Security shall establish pro3 cedures— 

4 ‘‘(A) for individuals and entities to file 

5 complaints respecting potential violations of 

6 subsection (a) or (g)(1); 

7 ‘‘(B) for the investigation of those com8 plaints which the Secretary deems it appro9 priate to investigate; and 

10 ‘‘(C) for the investigation of such other 

11 violations of subsection (a) or (g)(1) as the Sec12 retary determines to be appropriate. 

13 ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con14 ducting investigations and hearings under this sub15 section— 

16 ‘‘(A) immigration officers shall have rea17 sonable access to examine evidence of any em18 ployer being investigated; and 

19 ‘‘(B) immigration officers designated by 

20 the Secretary may compel by subpoena the at21 tendance of witnesses and the production of evi22 dence at any designated place in an investiga23 tion or case under this subsection. In case of 

24 contumacy or refusal to obey a subpoena law25 fully issued under this paragraph, the Secretary 


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1 may request that the Attorney General apply in 

2 an appropriate district court of the United 

3 States for an order requiring compliance with 

4 such subpoena, and any failure to obey such 

5 order may be punished by such court as a con6 tempt thereof. Failure to cooperate with such 

7 subpoena shall be subject to further penalties, 

8 including but not limited to further fines and 

9 the voiding of any mitigation of penalties or ter10 mination of proceedings under subsection 

11 (e)(3)(B). 

12 ‘‘(3) COMPLIANCE PROCEDURES.— 

13 ‘‘(A) PRE-PENALTY NOTICE.—If the Sec14 retary has reasonable cause to believe that 

15 there has been a civil violation of this section or 

16 the requirements of this section, including but 

17 not limited to subsections (b), (c), (d) and (k), 

18 and determines that further proceedings are 

19 warranted, the Secretary shall issue to the em20 ployer concerned a written notice of the Depart21 ment’s intention to issue a claim for a monetary 

22 or other penalty. Such pre-penalty notice shall: 

23 ‘‘(i) describe the violation; 

24 ‘‘(ii) specify the laws and regulations 

25 allegedly violated; 


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1 ‘‘(iii) disclose the material facts which 

2 establish the alleged violation; and 

3 ‘‘(iv) inform such employer that he or 

4 she shall have a reasonable opportunity to 

5 make representations as to why a claim for 

6 a monetary or other penalty should not be 

7 imposed. 

8 ‘‘(B) REMISSION OR MITIGATION OF PEN9 ALTIES.—Whenever any employer receives writ10 ten pre-penalty notice of a fine or other penalty 

11 in accordance with subparagraph (A), the em12 ployer may file, within 15 days from receipt of 

13 such notice, with the Secretary a petition for 

14 the remission or mitigation of such fine or pen15 alty, or a petition for termination of the pro16 ceedings. The petition may include any relevant 

17 evidence or proffer of evidence the employer 

18 wishes to present, and shall be filed and consid19 ered in accordance with procedures to be estab20 lished by the Secretary. If the Secretary finds 

21 that such fine, penalty, or forfeiture was in22 curred erroneously, or finds the existence of 

23 such mitigating circumstances as to justify the 

24 remission or mitigation of such fine or penalty, 

25 the Secretary may remit or mitigate the same 


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1 upon such terms and conditions as the Sec2 retary deems reasonable and just, or order ter3 mination of any proceedings relating thereto. 

4 Such mitigating circumstances may include, but 

5 need not be limited to, good faith compliance 

6 and participation in, or agreement to partici7 pate in, the EEVS, if not otherwise required. 

8 ‘‘This subparagraph shall not apply to an em9 ployer that has or is engaged in a pattern or 

10 practice of violations of subsection (a)(1)(A), 

11 (a)(1)(B), or (a)(2) or of any other require12 ments of this section. 

13 ‘‘(C) PENALTY CLAIM.—After considering 

14 evidence and representations, if any, offered by 

15 the employer pursuant to subparagraph (B), 

16 the Secretary shall determine whether there was 

17 a violation and promptly issue a written final 

18 determination setting forth the findings of fact 

19 and conclusions of law on which the determina20 tion is based. If the Secretary determines that 

21 there was a violation, the Secretary shall issue 

22 the final determination with a written penalty 

23 claim. The penalty claim shall specify all 

24 charges in the information provided under 

25 clauses (i) through (iii) of subparagraph (A) 


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1 and any mitigation or remission of the penalty 

2 that the Secretary deems appropriate. 

3 ‘‘(4) CIVIL PENALTIES.— 

4 ‘‘(A) Hiring or continuing to employ unau5 thorized aliens. Any employer that violates any 

6 provision of subsection (a)(1)(A) or (a)(2) shall: 

7 ‘‘(1) pay a civil penalty of $5,000 for 

8 each unauthorized alien with respect to 

9 which each violation of either subsection 

10 (a)(1)(A) or (a)(2) occurred; 

11 ‘‘(2) if an employer has previously 

12 been fined under subsection (e)(4)(A), pay 

13 a civil penalty of $10,000 for each unau14 thorized alien with respect to which a vio15 lation of either subsection (a)(1)(A) or 

16 (a)(2) occurred; and 

17 ‘‘(3) if an employer has previously 

18 been fined more than once under sub19 section (e)(4), pay a civil penalty of 

20 $25,000 for each unauthorized alien with 

21 respect to which a violation of either sub22 section has occurred. This penalty shall 

23 apply, in addition to any penalties pre24 viously assessed, to employers who fail to 


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1 comply with a previously issued and final 

2 order under this section. 

3 ‘‘(4) if an employer has previously 

4 been fined more than twice under sub5 section (e)(4)(A), pay a civil penalty of 

6 $75,000 for each alien with respect to 

7 which a violation of either subsection 

8 (a)(1) or (a)(2) occurred; 

9 ‘‘(5) In addition to any penalties pre10 viously assessed, an employer who fails to 

11 comply with a previously issued and final 

12 order under this section shall be fined 

13 $75,000 for each violation. 

14 ‘‘(B) RECORDKEEPING OR VERIFICATION

15 PRACTICES.—Any employer that violates or fails 

16 to comply with any requirement of subsection 

17 (b), (c), and (d), shall pay a civil penalty as fol18 lows: 

19 ‘‘(1) pay a civil penalty of $1,000 for 

20 each violation; 

21 ‘‘(2) if an employer has previously 

22 been fined under subsection (e)(4)(B), pay 

23 a civil penalty of $2,000 for each violation; 

24 and 


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1 ‘‘(3) if an employer has previously 

2 been fined more than once under sub3 section (e)(4), pay a civil penalty of $5,000 

4 for each violation. This penalty shall apply, 

5 in addition to any penalties previously as6 sessed, to employers who fail to comply 

7 with a previously issued and final order 

8 under this section. 

9 ‘‘(4) if an employer has previously 

10 been fined more than twice under sub11 section (e)(4)(B), pay a civil penalty of 

12 $15,000 for each violation. 

13 ‘‘(5) In addition to any penalties pre14 viously assessed, an employer who fails to 

15 comply with a previously issued and final 

16 order under this section shall be fined 

17 $15,000 for each violation. 

18 ‘‘(C) OTHER PENALTIES.—The Secretary 

19 may impose additional penalties for violations, 

20 including cease and desist orders, specially de21 signed compliance plans to prevent further vio22 lations, suspended fines to take effect in the 

23 event of a further violation, and in appropriate 

24 cases, the remedy provided by paragraph (g)(2). 

25 All penalties in this section may be adjusted 


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1 every four years to account for inflation as pro2 vided by law. 

3 ‘‘(D) The Secretary is authorized to reduce 

4 or mitigate penalties imposed upon employers, 

5 based upon factors including, but not limited to, 

6 the employer’s hiring volume, compliance his7 tory, good-faith implementation of a compliance 

8 program, participation in a temporary worker 

9 program, and voluntary disclosure of violations 

10 of this subsection to the Secretary. 

11 ‘‘(5) ORDER OF INTERNAL REVIEW AND CER12 TIFICATION OF COMPLIANCE.—If the Secretary has 

13 reasonable cause to believe that an employer has 

14 failed to comply with this section, the Secretary is 

15 authorized, at any time, to require that the employer 

16 certify that it is in compliance with this section, or 

17 has instituted a program to come into compliance. 

18 Within 60 days of receiving a notice from the Sec19 retary requiring such a certification, the employer’s 

20 chief executive officer or similar official with respon21 sibility for, and authority to bind the company on, 

22 all hiring and immigration compliance notices shall 

23 certify under penalty of perjury that the employer is 

24 in conformance with the requirements of subsections 

25 (c)(1) through (c)(4), pertaining to document 


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1 verification requirements, and with subsection (d), 

2 pertaining to the EEVS (once that system is imple3 mented according to the requirements of (d)(1)), 

4 and with any additional requirements that the Sec5 retary may promulgate by regulation pursuant to 

6 subsections (c), (d), and (k), or that the employer 

7 has instituted a program to come into compliance 

8 with these requirements. At the request of the em9 ployer, the Secretary may extend the 60-day dead10 line for good cause. The Secretary is authorized to 

11 publish in the Federal Register standards or meth12 ods for such certification, require specific record13 keeping practices with respect to such certifications, 

14 and audit the records thereof at any time. This au15 thority shall not be construed to diminish or qualify 

16 any other penalty provided by this section. 

17 ‘‘(6) JUDICIAL REVIEW.— 

18 ‘‘(A) Notwithstanding any other provision 

19 of law (statutory or nonstatutory) including sec20 tions 1361 and 1651 of title 28, no court shall 

21 have jurisdiction to consider a final determina22 tion or penalty claim issued under subpara23 graph (3)(C), except as specifically provided by 

24 this paragraph. Judicial review of a final deter25 mination under paragraph (e)(4) is governed 


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1 only by chapter 158 of title 28, except as spe2 cifically provided below. The filing of a petition 

3 as provided in this paragraph shall stay the 

4 Secretary’s determination until entry of judg5 ment by the court. The Secretary is authorized 

6 to require that petitioner provide, prior to filing 

7 for review, security for payment of fines and 

8 penalties through bond or other guarantee of 

9 payment acceptable to the Secretary. 

10 (B) REQUIREMENTS FOR REVIEW OF A

11 FINAL DETERMINATION.—With respect to judi12 cial review of a final determination or penalty 

13 claim issued under subparagraph (3)(C), the 

14 following requirements apply: 

15 (i) DEADLINE.—The petition for re16 view must be filed no later than 30 days 

17 after the date of the final determination or 

18 penalty claim issued under subparagraph 

19 (3)(C). 

20 (ii) VENUE AND FORMS.—The petition 

21 for review shall be filed with the court of 

22 appeals for the judicial circuit wherein the 

23 employer resided when the final determina24 tion or penalty claim was issued. The 

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1 ed. The court of appeals shall review the 

2 proceeding on a typewritten record and on 

3 typewritten briefs. 

4 (iii) SERVICE.—The respondent is ei5 ther the Secretary of Homeland Security 

6 or the Commissioner of Social Security, 

7 but not both, depending upon who issued 

8 (or affirmed) the final nonconfirmation no9 tice. In addition to serving the respondent, 

10 the petitioner must also serve the Attorney 

11 General. 

12 (iv) PETITIONER’S BRIEF.—The peti13 tioner shall serve and file a brief in connec14 tion with a petition for judicial review not 

15 later than 40 days after the date on which 

16 the administrative record is available, and 

17 may serve and file a reply brief not later 

18 than 14 days after service of the brief of 

19 the respondent, and the court may not ex20 tend these deadlines, except for good cause 

21 shown. If a petitioner fails to file a brief 

22 within the time provided in this paragraph, 

23 the court shall dismiss the appeal unless a 

24 manifest injustice would result. 


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1 (v) SCOPE AND STANDARD FOR RE2 VIEW.—The court of appeals shall decide 

3 the petition only on the administrative 

4 record on which the final determination is 

5 based. The burden shall be on the peti6 tioner to show that the final determination 

7 was arbitrary, capricious, not supported by 

8 substantial evidence, or otherwise not in 

9 accordance with law. Administrative find10 ings of fact are conclusive unless any rea11 sonable adjudicator would be compelled to 

12 conclude to the contrary. 

13 ‘‘(C) EXHAUSTION OF ADMINISTRATIVE

14 REMEDIES.—A court may review a final deter15 mination under subparagraph (3)(C) only if— 

16 (1) the petitioner has exhausted all 

17 administrative remedies available to the pe18 titioner as of right, and 

19 (2) another court has not decided the 

20 validity of the order, unless the reviewing 

21 court finds that the petition presents 

22 grounds that could not have been pre23 sented in the prior judicial proceeding or 

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1 ceeding was inadequate or ineffective to 

2 test the validity of the order. 

3 ‘‘(D) LIMIT ON INJUNCTIVE RELIEF.—Re4 gardless of the nature of the action or claim or 

5 of the identity of the party or parties bringing 

6 the action, no court (other than the Supreme 

7 Court) shall have jurisdiction or authority to 

8 enjoin or restrain the operation of the provi9 sions in this section, other than with respect to 

10 the application of such provisions to an indi11 vidual petitioner. 

12 ‘‘(7) ENFORCEMENT OF ORDERS.—If an em13 ployer fails to comply with a final determination 

14 issued against that employer under this subsection, 

15 and the final determination is not subject to review 

16 as provided in paragraph (6), the Attorney General 

17 may file suit to enforce compliance with the final de18 termination in any appropriate district court of the 

19 United States. In any such suit, the validity and ap20 propriateness of the final determination shall not be 

21 subject to review. 

22 ‘‘(8) LIENS.— 

23 ‘‘(A) CREATION OF LIEN.—If any employer 

24 liable for a fee or penalty under this section ne25 glects or refuses to pay such liability and fails 


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1 to file a petition for review (if applicable) as 

2 provided in paragraph 6 of this subsection, such 

3 liability is a lien in favor of the United States 

4 on all property and rights to property of such 

5 person as if the liability of such person were a 

6 liability for a tax assessed under the Internal 

7 Revenue Code of 1986. If a petition for review 

8 is filed as provided in paragraph 6 of this sub9 section, the lien (if any) shall arise upon the 

10 entry of a final judgment by the court. The lien 

11 continues for 20 years or until the liability is 

12 satisfied, remitted, set aside, or is terminated. 

13 ‘‘(B) EFFECT OF FILING NOTICE OF

14 LIEN.—Upon filing of a notice of lien in the 

15 manner in which a notice of tax lien would be 

16 filed under section 6323(f)(1) and (2) of the In17 ternal Revenue Code of 1986, the lien shall be 

18 valid against any purchaser, holder of a security 

19 interest, mechanic’s lien or judgment lien cred20 itor, except with respect to properties or trans21 actions specified in subsection (b), (c), or (d) of 

22 section 6323 of the Internal Revenue Code of 

23 1986 for which a notice of tax lien properly 

24 filed on the same date would not be valid. The 

25 notice of lien shall be considered a notice of lien 


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1 for taxes payable to the United States for the 

2 purpose of any State or local law providing for 

3 the filing of a notice of a tax lien. A notice of 

4 lien that is registered, recorded, docketed, or in5 dexed in accordance with the rules and require6 ments relating to judgments of the courts of the 

7 State where the notice of lien is registered, re8 corded, docketed, or indexed shall be considered 

9 for all purposes as the filing prescribed by this 

10 section. The provisions of section 3201(e) of 

11 chapter 176 of title 28 shall apply to liens filed 

12 as prescribed by this section. 

13 ‘‘(C) ENFORCEMENT OF A LIEN.—A lien 

14 obtained through this process shall be consid15 ered a debt as defined by 28 U.S.C. § 3002 and 

16 enforceable pursuant to the Federal Debt Col17 lection Procedures Act. 

18 ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS FOR

19 PATTERN OR PRACTICE VIOLATIONS.— 

20 ‘‘(1) CRIMINAL PENALTY.—Any employer which 

21 engages in a pattern or practice of knowing viola22 tions of subsection (a)(1)(A) or (a)(2) shall be fined 

23 not more than $75,000 for each unauthorized alien 

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1 prisoned for not more than six months for the entire 

2 pattern or practice, or both. 

3 ‘‘(2) ENJOINING OF PATTERN OR PRACTICE

4 VIOLATIONS.—Whenever the Secretary or the Attor5 ney General has reasonable cause to believe that an 

6 employer is engaged in a pattern or practice of em7 ployment, recruitment, or referral in violation of 

8 paragraph (1)(A) or (2) of subsection (a), the Attor9 ney General may bring a civil action in the appro10 priate district court of the United States requesting 

11 such relief, including a permanent or temporary in12 junction, restraining order, or other order against 

13 the employer, as the Secretary deems necessary. 

14 ‘‘(g) PROHIBITION OF INDEMNITY BONDS.— 

15 ‘‘(1) PROHIBITION.—It is unlawful for an em16 ployer, in the hiring, recruiting, or referring for em17 ployment of any individual, to require the individual 

18 to post a bond or security, to pay or agree to pay 

19 an amount, or otherwise to provide a financial guar20 antee or indemnity, against any potential liability 

21 arising under this section relating to such hiring, re22 cruiting, or referring of the individual. 

23 ‘‘(2) CIVIL PENALTY.—Any employer which is 

24 determined, after notice and opportunity for mitiga25 tion of the monetary penalty under subsection (e), to 


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1 have violated paragraph (1) of this subsection shall 

2 be subject to a civil penalty of $10,000 for each vio3 lation and to an administrative order requiring the 

4 return of any amounts received in violation of such 

5 paragraph to the employee or, if the employee can6 not be located, to the general fund of the Treasury. 

7 ‘‘(h) GOVERNMENT CONTRACTS.— 

8 ‘‘(1) EMPLOYERS.—Whenever an employer who 

9 does not hold Federal contracts, grants, or coopera10 tive agreements is determined by the Secretary to be 

11 a repeat violator of this section or is convicted of a 

12 crime under this section, the employer shall be sub13 ject to debarment from the receipt of Federal con14 tracts, grants, or cooperative agreements for a pe15 riod of up to two years in accordance with the proce16 dures and standards prescribed by the Federal Ac17 quisition Regulations. The Secretary or the Attorney 

18 General shall advise the Administrator of General 

19 Services of any such debarment, and the Adminis20 trator of General Services shall list the employer on 

21 the List of Parties Excluded from Federal Procure22 ment and Nonprocurement Programs for the period 

23 of the debarment. The Administrator of General 

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1 section or may limit the duration or scope of the de2 barment. 

3 ‘‘(2) CONTRACTORS AND RECIPIENTS.—When4 ever an employer who holds Federal contracts, 

5 grants, or cooperative agreements is determined by 

6 the Secretary to be a repeat violator of this section 

7 or is convicted of a crime under this section, the em8 ployer shall be subject to debarment from the receipt 

9 of Federal contracts, grants, or cooperative agree10 ments for a period of up to two years in accordance 

11 with the procedures and standards prescribed by the 

12 Federal Acquisition Regulations. Prior to debarring 

13 the employer, the Secretary, in cooperation with the 

14 Administrator of General Services, shall advise all 

15 agencies holding contracts, grants, or cooperative 

16 agreements with the employer of the proceedings to 

17 debar the employer from the receipt of new Federal 

18 contracts, grants, or cooperative agreements for a 

19 period of up to two years. After consideration of the 

20 views of agencies holding contracts, grants or coop21 erative agreements with the employer, the Secretary 

22 may, in lieu of proceedings to debar the employer 

23 from the receipt of new Federal contracts, grants, or 

24 cooperative agreements for a period of up to two 

25 years, waive operation of this subsection, limit the 


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1 duration or scope of the proposed debarment, or 

2 may refer to an appropriate lead agency the decision 

3 of whether to seek debarment of the employer, for 

4 what duration, and under what scope in accordance 

5 with the procedures and standards prescribed by the 

6 Federal Acquisition Regulation. However, any pro7 posed debarment predicated on an administrative de8 termination of liability for civil penalty by the Sec9 retary or the Attorney General shall not be review10 able in any debarment proceeding. 

11 ‘‘(3) Indictments for violations of this section or 

12 adequate evidence of actions that could form the 

13 basis for debarment under this subsection shall be 

14 considered a cause for suspension under the proce15 dures and standards for suspension prescribed by 

16 the Federal Acquisition Regulation. 

17 ‘‘(4) Inadvertent violations of recordkeeping or 

18 verification requirements, in the absence of any 

19 other violations of this section, shall not be a basis 

20 for determining that an employer is a repeat violator 

21 for purposes of this subsection. 

22 ‘‘(i) MISCELLANEOUS PROVISIONS.— 

23 ‘‘(1) DOCUMENTATION.—In providing docu24 mentation or endorsement of authorization of aliens 

25 (other than aliens lawfully admitted for permanent 


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1 residence) authorized to be employed in the United 

2 States, the Secretary shall provide that any limita3 tions with respect to the period or type of employ4 ment or employer shall be conspicuously stated on 

5 the documentation or endorsement. 

6 ‘‘(2) PREEMPTION.—The provisions of this sec7 tion preempt any State or local law that requires the 

8 use of the EEVS in a fashion that conflicts with 

9 Federal policies, procedures or timetables, or that 

10 imposes civil or criminal sanctions (other than 

11 through licensing and similar laws) upon those who 

12 employ, or recruit or refer for a fee for employment, 

13 unauthorized aliens. 

14 ‘‘(j) DEPOSIT OF AMOUNTS RECEIVED.—Except as 

15 otherwise specified, civil penalties collected under this sec16 tion shall be deposited by the Secretary into the general 

17 fund of the Treasury. 

18 ‘‘(k) NO MATCH NOTICE.— 

19 ‘‘(1) For the purpose of this subsection, a no 

20 match notice is written notice from the Social Secu21 rity Administration (SSA) to an employer reporting 

22 earnings on a Form W–2 that employees’ names or 

23 corresponding social security account numbers fail to 

24 match SSA records. The Secretary, in consultation 

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1 ministration, is authorized to establish by regulation 

2 requirements for verifying the identity and work au3 thorization of employees who are the subject of no4 match notices. The Secretary shall establish by regu5 lation a reasonable period during which an employer 

6 must allow an employee who is subject to a no7 match notice to resolve the no match notice with no 

8 adverse employment consequences to the employee. 

9 The Secretary may also establish penalties for non10 compliance by regulation. 

11 ‘‘(l) CHALLENGES TO VALIDITY.— 

12 ‘‘(1) IN GENERAL.—Any right, benefit, or claim 

13 not otherwise waived or limited pursuant to this sec14 tion is available in an action instituted in the United 

15 States District Court for the District of Columbia, 

16 but shall be limited to determinations of— 

17 ‘‘(A) whether this section, or any regula18 tion issued to implement this section, violates 

19 the Constitution of the United States; or 

20 ‘‘(B) whether such a regulation issued by 

21 or under the authority of the Secretary to im22 plement this section, is contrary to applicable 

23 provisions of this section or was issued in viola24 tion of title 5, chapter 5, United States Code. 


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1 ‘‘(2) DEADLINES FOR BRINGING ACTIONS.— 

2 Any action instituted under this paragraph must be 

3 filed no later than 90 days after the date the chal4 lenged section or regulation described in clause (i) or 

5 (ii) of subparagraph (A) is first implemented. 

6 ‘‘(3) CLASS ACTIONS.—The court may not cer7 tify a class under Rule 23 of the Federal Rules of 

8 Civil Procedure in any action under this section. 

9 ‘‘(4) RULE OF CONSTRUCTION.—In determining 

10 whether the Secretary’s interpretation regarding any 

11 provision of this section is contrary to law, a court 

12 shall accord to such interpretation the maximum 

13 deference permissible under the Constitution. 

14 ‘‘(5) NO ATTORNEYS’ FEES.—Notwithstanding 

15 any other provision of law, the court shall not award 

16 fees or other expenses to any person or entity based 

17 upon any action relating to this Title brought pursu18 ant to this section (l).’’ 

19 SEC. 303. EFFECTIVE DATE. 

20 This title shall become effective on the date of enact21 ment. 


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1 SEC. 304. DISCLOSURE OF CERTAIN TAXPAYER INFORMA2 TION TO ASSIST IN IMMIGRATION ENFORCE3 MENT. 

4 (a) DISCLOSURE OF CERTAIN TAXPAYER IDENTITY

5 INFORMATION.— 

6 (1) IN GENERAL.—Section 6103(l) of the Inter7 nal Revenue Code of 1986 is amended by adding at 

8 the end the following new paragraph: 

9 ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER

10 IDENTITY INFORMATION BY SOCIAL SECURITY AD11 MINISTRATION TO DEPARTMENT OF HOMELAND SE12 CURITY.— 

13 ‘‘(A) IN GENERAL.—From taxpayer iden14 tity information or other information which has 

15 been disclosed or otherwise made available to 

16 the Social Security Administration and upon 

17 written request by the Secretary of Homeland 

18 Security (in this paragraph referred to as the 

19 ‘Secretary’), the Commissioner of Social Secu20 rity shall disclose directly to officers, employees, 

21 and contractors of the Department of Home22 land Security— 

23 ‘‘(i) the taxpayer identity information 

24 of each person who has filed an informa25 tion return required by reason of section 

26 6051 after calendar year 2005 and before 


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1 the date specified in subparagraph (D) 

2 which contains— 

3 ‘‘(I) 1 (or any greater number 

4 the Secretary shall request) taxpayer 

5 identifying number, name, and ad6 dress of any employee (within the 

7 meaning of such section) that did not 

8 match the records maintained by the 

9 Commissioner of Social Security, or 

10 ‘‘(II) 2 (or any greater number 

11 the Secretary shall request) names, 

12 and addresses of employees (within 

13 the meaning of such section), with the 

14 same taxpayer identifying number, 

15 ‘‘and the taxpayer identity of each 

16 such employee, and 

17 ‘‘(ii) the taxpayer identity of each per18 son who has filed an information return re19 quired by reason of section 6051 after cal20 endar year 2005 and before the date speci21 fied in subparagraph (D) which contains 

22 the taxpayer identifying number (assigned 

23 under section 6109) of an employee (within 

24 the meaning of section 6051)— 


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1 ‘‘(I) who is under the age of 14 (or any 

2 lesser age the Secretary shall request), accord3 ing to the records maintained by the Commis4 sioner of Social Security, 

5 ‘‘(II) whose date of death, according to the 

6 records so maintained, occurred in a calendar 

7 year preceding the calendar year for which the 

8 information return was filed, 

9 ‘‘(III) whose taxpayer identifying number 

10 is contained in more than one (or any greater 

11 number the Secretary shall request) information 

12 return filed in such calendar year, or 

13 ‘‘(IV) who is not authorized to work in the 

14 United States, according to the records main15 tained by the Commissioner of Social Security, 

16 ‘‘and the taxpayer identity and date of 

17 birth of each such employee. 

18 ‘‘(B) REIMBURSEMENT.—The Secretary 

19 shall transfer to the Commissioner the funds 

20 necessary to cover the additional cost directly 

21 incurred by the Commissioner in carrying out 

22 the searches or manipulations requested by the 

23 Secretary.’’ 

24 (2) COMPLIANCE BY DHS CONTRACTORS

25 WITH CONFIDENTIALITY SAFEGUARDS.— 


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1 (A) IN GENERAL.—Section 6103(p) of 

2 such Code is amended by adding at the end the 

3 following new paragraph: 

4 ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— 

5 Notwithstanding any other provision of this section, 

6 no return or return information shall be disclosed to 

7 any contractor of the Department of Homeland Se8 curity unless such Department, to the satisfaction of 

9 the Secretary— 

10 ‘‘(A) has requirements in effect which re11 quire each such contractor which would have 

12 access to returns or return information to pro13 vide safeguards (within the meaning of para14 graph (4)) to protect the confidentiality of such 

15 returns or return information, 

16 ‘‘(B) agrees to conduct an on-site review 

17 every 3 years (mid-point review in the case of 

18 contracts or agreements of less than 3 years in 

19 duration) of each contractor to determine com20 pliance with such requirements, 

21 ‘‘(C) submits the findings of the most re22 cent review conducted under subparagraph (B) 

23 to the Secretary as part of the report required 

24 by paragraph (4)(E), and 


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1 ‘‘(D) certifies to the Secretary for the most 

2 recent annual period that such contractor is in 

3 compliance with all such requirements. 

4 The certification required by subparagraph (D) shall 

5 include the name and address of each contractor, a 

6 description of the contract or agreement with such 

7 contractor, and the duration of such contract or 

8 agreement.’’. 

9 (3) CONFORMING AMENDMENTS.— 

10 (A) Section 6103(a)(3) of such Code is 

11 amended by striking ‘‘or (20)’’ and inserting 

12 ‘‘(20), or (21)’’. 

13 (B) Section 6103(p)(3)(A) of such Code is 

14 amended by adding at the end the following 

15 new sentence: ‘‘The Commissioner of Social Se16 curity shall provide to the Secretary such infor17 mation as the Secretary may require in carrying 

18 out this paragraph with respect to return infor19 mation inspected or disclosed under the author20 ity of subsection (l)(21).’’. 

21 (C) Section 6103(p)(4) of such Code is 

22 amended— 

23 (i) by striking ‘‘or (17)’’ both places it 

24 appears and inserting ‘‘(17), or (21)’’; and 


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1 (ii) by striking ‘‘or (20)’’ each place it 

2 appears and inserting ‘‘(20), or (21)’’. 

3 (D) Section 6103(p)(8)(B) of such Code is 

4 amended by inserting ‘‘or paragraph (9)’’ after 

5 ‘‘subparagraph (A)’’. 

6 (E) Section 7213(a)(2) of such Code is 

7 amended by striking ‘‘or (20)’’ and inserting 

8 ‘‘(20), or (21)’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary of 

11 Homeland Security such sums as are necessary to carry 

12 out the amendments made by this section. 

13 (c) REPEAL OF REPORTING REQUIREMENTS.— 

14 (1) REPORT ON EARNINGS OF ALIENS NOT AU15 THORIZED TO WORK.—Subsection (c) of section 290 

16 of the Immigration and Nationality Act (8 U.S.C. 

17 1360) is repealed. 

18 (2) REPORT ON FRAUDULENT USE OF SOCIAL

19 SECURITY ACCOUNT NUMBERS.—Subsection (b) of 

20 section 414 of the Illegal Immigration Reform and 

21 Immigrant Responsibility Act of 1996 (division C of 

22 Public Law 104–208; 8 U.S.C. 1360 note) is re23 pealed. 

24 (d) EFFECTIVE DATES.— 


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

2 subsection (a) shall apply to disclosures made after 

3 the date of the enactment of this Act. 

4 (2) CERTIFICATIONS.—The first certification 

5 under section 6103(p)(9)(D) of the Internal Revenue 

6 Code of 1986, as added by subsection (a)(2), shall 

7 be made with respect to calendar year 2007. 

8 (3) REPEALS.—The repeals made by subsection 

9 (c) shall take effect on the date of the enactment of 

10 this Act. 

11 SEC. 305. INCREASING SECURITY AND INTEGRITY OF SO12 CIAL SECURITY CARDS. 

13 (a) FRAUD-RESISTANT, TAMPER-RESISTANT AND

14 WEAR-RESISTANT SOCIAL SECURITY CARDS.— 

15 (1) ISSUANCE.— 

16 (A) PRELIMINARY WORK.—Not later than 

17 180 days after the date of enactment of this 

18 title, the Commissioner of Social Security shall 

19 begin work to administer and issue fraud-resist20 ant, tamper-resistant Social Security cards. 

21 (B) COMPLETION.—Not later than two 

22 years after the date of enactment of this title, 

23 the Commissioner of Social Security shall only 

24 issue fraud-resistant, tamper-resistant and 

25 wear-resistant Social Security cards. 


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1 (2) AMENDMENT.—Section 205(c)(2)(G) of the 

2 Social Security Act (42 U.S.C. 405(c)(2)(G)) is 

3 amended to read— 

4 ‘‘(i) The Commissioner of Social Secu5 rity shall issue a social security card to 

6 each individual at the time of the issuance 

7 of a social security account number to such 

8 individual. The social security card shall be 

9 fraud-resistant, tamper-resistant and wear10 resistant.’’ 

11 (3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated such sums 

13 as may be necessary to carry out this subsection and 

14 the amendments made by this subsection. 

15 (4) REPORT ON FEASIBILITY OF INCLUDING

16 BIOMETRICS.—Within 180 days of enactment, the 

17 Commissioner of Social Security shall provide to 

18 Congress a report on the utility, costs and feasibility 

19 of including a photograph and other biometric infor20 mation on the Social Security card. 

21 (b) MULTIPLE CARDS.—Section 205(c)(2)(G) of the 

22 Social Security Act (42 U.S.C. 405(c)(2)(G)) is further 

23 amended by adding at the end the following: 

24 ‘‘(ii) The Commissioner of Social Se25 curity shall not issue a replacement Social 


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1 Security card to any individual unless the 

2 Commissioner determines that the purpose 

3 for requiring the issuance of the replace4 ment document is legitimate.’’ 

5 SEC. 306. INCREASING SECURITY AND INTEGRITY OF IDEN6 TITY DOCUMENTS. 

7 (a) PURPOSE.—The Secretary of Homeland Security, 

8 shall establish the State Records Improvement Grant Pro9 gram (referred to in this section as the ‘‘Program’’), under 

10 which the Secretary may award grants to States for the 

11 purpose of advancing the purposes of this Act and of 

12 issuing or implementing plans to issue driver’s license and 

13 identity cards that can be used for purposes of verifying 

14 identity under this Title and that comply with the state 

15 license requirements in section 202 of the REAL ID Act 

16 of 2005 (division B of Public Law 109–13; 49 U.S.C. 

17 30301 note). 

18 (b) States that do not certify their intent to comply 

19 with the REAL ID Act and implementing regulations or 

20 that do not submit a compliance plan acceptable to the 

21 Secretary are not eligible for grants under the Program. 

22 Driver’s license or identification cards issued by States 

23 that do not comply with REAL ID may not be used to 

24 verify identity under this Title except under conditions ap25 proved by the Secretary. 


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1 (c) GRANTS AND CONTRACTS AUTHORIZED.— 

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

3 to award grants, subject to the availability of appro4 priations, to a State to provide assistance to such 

5 State agency to meet the deadlines for the issuance 

6 of a driver’s license which meets the requirements of 

7 section 202 of the REAL ID Act of 2005 (division 

8 B of Public Law 109–13; 49 U.S.C. 30301 note). 

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

10 this subsection during fiscal years 2007 through 

11 2011. 

12 (3) COMPETITIVE BASIS.—The Secretary shall 

13 give priority to States whose REAL ID implementa14 tion plan is compatible with the employment 

15 verification systems, processes, and implementation 

16 schedules set forth in Section 302, as determined by 

17 the Secretary. Minimum standards for compatibility 

18 will include the ability of the State to promptly 

19 verify the document and provide access to the digital 

20 photograph displayed on the document. 

21 (4) Where the Secretary of Homeland Security 

22 determines that compliance with REAL ID and with 

23 the requirements of the employment verification sys24 tem can best be met by awarding grants or contracts 

25 to a State, a group of States, a government agency, 


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1 or a private entity, the Secretary may utilize Pro2 gram funds to award such a grant, grants, contract 

3 or contracts. 

4 (5) On an expedited basis, the Secretary shall 

5 award grants or contracts for the purpose of improv6 ing the accuracy and electronic availability of states’ 

7 records of births, deaths, driver’s licenses, and of 

8 other records necessary for implementation of EEVS 

9 and as otherwise necessary to advance the purposes 

10 of this Act. 

11 (d) USE OF FUNDS.—Grants or contracts awarded 

12 pursuant to the Program may be used to assist State com13 pliance with the REAL ID requirements, including, but 

14 not limited to— 

15 (1) upgrade and maintain technology; 

16 (2) obtain equipment; 

17 (3) hire additional personnel; 

18 (4) cover operational costs, including overtime; 

19 and 

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

22 (e) APPLICATION.— 

23 (1) IN GENERAL.—Each eligible state seeking a 

24 grant under this section shall submit an application 

25 to the Secretary at such time, in such manner, and 


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1 accompanied by such information as the Secretary 

2 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 (f) CONDITIONS.—All grants under the Program 

12 shall be conditioned on the recipient providing REAL ID 

13 compliance certification and implementation plans accept14 able to the Secretary which include— 

15 (1) adopting appropriate security measures to 

16 protect against improper issuance of driver’s licenses 

17 and identity cards, tampering with electronic 

18 issuance systems, and identity theft as the Secretary 

19 may prescribe; 

20 (2) ensuring introduction and maintenance of 

21 such security features and other measures necessary 

22 to make the documents issued by recipient resistant 

23 to tampering, counterfeiting, and fraudulent use as 

24 the Secretary may prescribe; and 


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1 (3) ensuring implementation and maintenance 

2 of such safeguards for the security of the informa3 tion contained on these documents as the Secretary 

4 may prescribe. 

5 All grants shall also be conditioned on the recipient agree6 ing to adhere to the timetables and procedures for issuing 

7 REAL ID driver’s licenses and identification cards as 

8 specified in section 274A(c)(1)(F). All grants shall further 

9 be conditioned on the recipient agreeing to implement the 

10 requirements of this Act and any implementing regula11 tions to the satisfaction of the Secretary of Homeland Se12 curity. 

13 (g) AUTHORIZATION OF APPROPRIATIONS.—IN GEN14 ERAL.—There is authorized to be appropriated 

15 $300,000,000 for each of fiscal years 2007 through 2011 

16 to carry out the provisions of this section. 

17 (h) SUPPLEMENT NOT SUPPLANT.—Amounts appro18 priated for grants under this section shall be used to sup19 plement and not supplant other State and local public 

20 funds obligated for the purposes provided under this title. 

21 (i) ADDITIONAL USES.—Amounts authorized under 

22 this section may also be used to assist in sharing of law 

23 enforcement information between States and the Depart24 ment of Homeland Security for purposes of implementing 

25 Section 602(c), at the discretion of the Secretary. 


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1 SEC. 307. VOLUNTARY ADVANCED VERIFICATION PROGRAM 

2 TO COMBAT IDENTITY THEFT. 

3 (a) VOLUNTARY ADVANCED VERIFICATION PRO4 GRAM.—The Secretary shall establish and make available 

5 a voluntary program allowing employers to submit and 

6 verify an employee’s fingerprints for purposes of deter7 mining the identity and work authorization of the em8 ployee. 

9 (1) IMPLEMENTATION DATE.—No later than 18 

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

11 Secretary shall implement the voluntary advanced 

12 verification program and make it available to em13 ployers willing to volunteer in the program. 

14 (2) VOLUNTARY PARTICIPATION.—The finger15 print verification program is voluntary; employers 

16 are not required to participate in it. 

17 (b) LIMITED RETENTION PERIOD FOR FINGER18 PRINTS.— 

19 (1) The Secretary shall only maintain finger20 print records of a U.S. Citizen that were submitted 

21 by an employer through the EEVS for 10 business 

22 days, upon which such records shall be purged from 

23 any EEVS-related system unless the fingerprints 

24 have been ordered to be retained for purposes of a 

25 fraud or similar investigation by a government agen26 cy with criminal or other investigative authority. 


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1 (2) Exception: For purposes of preventing iden2 tity theft or other harm, a U.S. Citizen employee 

3 may request in writing that his fingerprint records 

4 be retained for employee verification purposes by the 

5 Secretary. In such instances of written consent, the 

6 Secretary may retain such fingerprint records until 

7 notified in writing by the U.S. Citizen of his with8 drawal of consent, at which time the Secretary must 

9 purge such fingerprint records within 10 business 

10 days unless the fingerprints have been ordered to be 

11 retained for purposes of a fraud or similar investiga12 tion by a government agency with an independent 

13 criminal or other investigative authority. 

14 (d) LIMITED USE OF FINGERPRINTS SUBMITTED

15 FOR PROGRAM.—The Secretary and the employer may use 

16 any fingerprints taken from the employee and transmitted 

17 for querying the EEVS solely for the purposes of verifying 

18 identity and employment eligibility during the employee 

19 verification process. Such transmitted fingerprints may 

20 not be used for any other purpose. This provision does 

21 not alter any other provisions regarding the use of non22 fingerprint information in the EEVS. 

23 (e) SAFEGUARDING OF FINGERPRINT INFORMA24 TION.—The Secretary, subject to specifications and limita25 tions set forth under this section and other relevant proviVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 sions of this Act, shall be responsible for safely and se2 curely maintaining and storing all fingerprints submitted 

3 under this program. 

4 SEC. 308. RESPONSIBILITIES OF THE SOCIAL SECURITY AD5 MINISTRATION. 

6 Section 205(c)(12) of the Social Security Act, 42 

7 U.S.C. 405(c)(2), is amended by adding at the end the 

8 following new subparagraphs: 

9 ‘‘(I) RESPONSIBILITIES OF THE COMMIS10 SIONER OF SOCIAL SECURITY.— 

11 ‘‘(i) As part of the verification system, 

12 the Commissioner of Social Security shall, 

13 subject to the provisions of section 

14 274A(d) of the Immigration and Nation15 ality Act, establish a reliable, secure meth16 od that, operating through the EEVS and 

17 within the time periods specified in section 

18 274A(d) of the Immigration and Nation19 ality Act: 

20 ‘‘(I) compares the name, social 

21 security account number and available 

22 citizenship information provided in an 

23 inquiry against such information 

24 maintained by the Commissioner in 

25 order to confirm (or not confirm) the 


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1 validity of the information provided 

2 regarding an individual whose identity 

3 and employment eligibility must be 

4 confirmed; 

5 ‘‘(II) the correspondence of the 

6 name, number, and any other identi7 fying information; 

8 ‘‘(III) whether the name and 

9 number belong to an individual who is 

10 deceased; 

11 ‘‘(IV) whether an individual is a 

12 national of the United States (when 

13 available); and 

14 ‘‘(V) whether the individual has 

15 presented a social security account 

16 number that is not valid for employ17 ment. 

18 The EEVS shall not disclose or release so19 cial security information to employers 

20 through the confirmation system (other 

21 than such confirmation or nonconfirma22 tion). 

23 ‘‘(ii) SOCIAL SECURITY ADMINISTRA24 TION DATABASE IMPROVEMENTS.—For 

25 purposes of preventing identity theft, proVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 tecting employees, and reducing burden on 

2 employers, and notwithstanding section 

3 6103 of title 26, United States Code, the 

4 Commissioner of Social Security, in con5 sultation with the Secretary, shall review 

6 the Social Security Administration data7 bases and information technology to iden8 tify any deficiencies and discrepancies re9 lated to name, birth date, citizenship sta10 tus, or death records of the social security 

11 accounts and social security account hold12 ers likely to contribute to fraudulent use of 

13 documents, or identity theft, or to affect 

14 the proper functioning of the EEVS and 

15 shall correct any identified errors. The 

16 Commissioner shall ensure that a system 

17 for identifying and correcting such defi18 ciencies and discrepancies is adopted to en19 sure the accuracy of the Social Security 

20 Administration’s databases. 

21 ‘‘(iii) NOTIFICATION TO ‘FREEZE’ USE

22 OF SOCIAL SECURITY NUMBER.—The Com23 missioner of Social Security, in consulta24 tion with the Secretary of Homeland Secu25 rity, shall establish a secure process whereVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 by an individual can request that the Com2 missioner preclude any confirmation under 

3 the EEVS based on that individual’s Social 

4 Security number until it is reactivated by 

5 that individual.’’. 

6 SEC. 309. IMMIGRATION ENFORCEMENT SUPPORT BY THE 

7 INTERNAL REVENUE SERVICE AND THE SO8 CIAL SECURITY ADMINISTRATION. 

9 (a) TIGHTENING REQUIREMENTS FOR THE PROVI10 SION OF SOCIAL SECURITY NUMBERS ON FORM W–2 

11 WAGE AND TAX STATEMENTS.—Section 6724 of the In12 ternal Revenue Code of 1986 (relating to waiver; defini13 tions and special rules) is amended by adding at the end 

14 the following new subsection: 

15 ‘‘(f) Special rules with respect to social security num16 bers on withholding exemption certificates. 

17 ‘‘(l) Reasonable cause waiver not to apply. 

18 Subsection (a) shall not apply with respect to the social 

19 security account number of an employee furnished under 

20 section 6051(a)(2). 

21 ‘‘(2) EXCEPTION.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B), [paragraph (1)] shall not 

24 apply in any case in which the employer— 


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1 ‘‘(i) receives confirmation that the dis2 crepancy described in section 205(c)(2)(I) 

3 of the Social Security Act has been re4 solved, or 

5 ‘‘(ii) corrects a clerical error made by 

6 the employer with respect to the social se7 curity account number of an employee 

8 within 60 days after notification under sec9 tion 205(c)(2)(1) of the Social Security 

10 Act that the social security account num11 ber contained in wage records provided to 

12 the Social Security Administration by the 

13 employer with respect to the employee does 

14 not match the social security account num15 ber of the employee contained in relevant 

16 records otherwise maintained by the Social 

17 Security Administration. 

18 ‘‘(B) Exception not applicable to frequent 

19 offenders. Subparagraph (A) shall not apply— 

20 ‘‘(i) in any case in which not less than 

21 50 of the statements required to be made 

22 by an employer pursuant to section 6051 

23 either fail to include an employee’s social 

24 security account number or include an in25 correct social security account number, or 


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1 ‘‘(ii) with respect to any employer who 

2 has received written notification under sec3 tion 205(c)(2)(1) of the Social Security 

4 Act during each of the 3 preceding taxable 

5 years that the social security account num6 bers in the wage records provided to the 

7 Social Security Administration by such em8 ployer with respect to 10 more employees 

9 do not match relevant records otherwise 

10 maintained by the Social Security Adminis11 tration.’’ 

12 (b) ENFORCEMENT.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the date of the enactment of this Act, the Secretary 

15 of the Treasury, in consultation with the Secretary 

16 of Homeland Security, shall establish a unit within 

17 the Criminal Investigation office of the Internal Rev18 enue Service to investigate violations of the Internal 

19 Revenue Code of 1986 related to the employment of 

20 individuals who are not authorized to work in the 

21 United States. 

22 (2) SPECIAL AGENTS; SUPPORT STAFF.—The 

23 Secretary of the Treasury shall assign to the unit a 

24 minimum of 10 full-time special agents and nec25 essary support staff and is authorized to employ up 


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1 to 200 full time special agents for this unit based on 

2 investigative requirements and work load. 

3 (3) REPORTS.—During each of the first 5 cal4 endar years beginning after the establishment of 

5 such unit and biennially thereafter, the unit shall 

6 transmit to Congress a report that describes its ac7 tivities and includes the number of investigations 

8 and cases referred for prosecution. 

9 (c) INCREASE IN PENALTY ON EMPLOYER FAILING

10 TO FILE CORRECT INFORMATION RETURNS.—Section 

11 6721 of such Code (relating to failure to file correct infor12 mation returns) is amended as follows— 

13 (1) in subsection (a)(1)— 

14 (A) by striking ‘‘$50’’ and inserting 

15 ‘‘$200’’, and 

16 (B) by striking ‘‘$250,000’’ and inserting 

17 ‘‘$1,000,000’’, 

18 (2) in subsection (b)(1)(A), by striking ‘‘$15 in 

19 lieu of $50’’ and inserting ‘‘$60 in lieu of $200’’, 

20 (3) in subsection (b)(1)(B), by striking 

21 ‘‘$75,000’’ and inserting ‘‘$300,000’’, 

22 (4) in subsection (b)(2)(A), by striking ‘‘$30 in 

23 lieu of $50’’ and inserting ‘‘$120 in lieu of $200’’, 

24 (5) in subsection (b)(2)(B), by striking 

25 ‘‘$150,000’’ and inserting ‘‘$600,000’’, 


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1 (6) in subsection (d)(A) in paragraph (1)— 

2 (A) by striking ‘‘ ‘$100,000’ for 

3 ‘$250,000’ ’’ and inserting ‘‘ ‘$400,000’ for 

4 ‘$1,000,000’ ’’ in subparagraph (A), 

5 (B) by striking ‘‘ ‘$25,000’ for ‘$75,000’ ’’ 

6 and inserting ‘‘ ‘$100,000’ for ‘$300,000’ ’’ in 

7 subparagraph (B), and 

8 (C) by striking ‘‘ ‘$50,000’ for ‘$150,000’ ’’ 

9 and inserting ‘‘ ‘$200,000’ for ‘$600,000’ ’’ in 

10 subparagraph (C), 

11 (D) in paragraph (2)(A), by striking 

12 ‘‘$5,000,000’’ and inserting ‘‘$2,000,000’’, and 

13 (E) in the heading, by striking 

14 ‘‘$5,000,000’’ and inserting ‘‘$2,000,000’’, 

15 (7) in subsection (e)(2)— 

16 (A) by striking ‘‘$100’’ and inserting 

17 ‘‘$400’’, 

18 (B) by striking ‘‘$25,000’’ and inserting 

19 ‘‘$100,000’’ in subparagraph (C)(i), and 

20 (C) by striking ‘‘$100,000’’ and inserting 

21 ‘‘$400,000’’ in subparagraph (C)(ii), and 

22 (8) in subsection (e)(3)(A), by striking 

23 ‘‘$250,000’’ and inserting ‘‘$1,000,000’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 subsections (b) and (c) shall apply to failures occurring 

3 after December 31, 2006. 

4 SEC. 310. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) There are authorized to be appropriated to the 

6 Secretary of Homeland Security such sums as may be nec7 essary to carry out the provisions of this Act, and the 

8 amendments made by this Act, including the following ap9 propriations: 

10 (1) In each of the five years beginning on the 

11 date of the enactment of this Act, the appropriations 

12 necessary to increase to a level not less than 4500 

13 the number of personnel of the Department of 

14 Homeland Security assigned exclusively or prin15 cipally to an office or offices dedicated to monitoring 

16 and enforcing compliance with sections 274A and 

17 274C of the Immigration and Nationality Act (8 

18 U.S.C. 1324a and 1324c), including compliance with 

19 the requirements of the EEVS. These personnel 

20 shall perform the following compliance and moni21 toring activities: 

22 (A) Verify Employment Identification 

23 Numbers of employers participating in the 

24 EEVS. 


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1 (B) Verify compliance of employers partici2 pating in the EEVS with the requirements for 

3 participation that are prescribed by the Sec4 retary. 

5 (C) Monitor the EEVS for multiple uses of 

6 Social Security Numbers and any immigration 

7 identification numbers for evidence that could 

8 indicate identity theft or fraud. 

9 (D) Monitor the EEVS to identify dis10 criminatory practices. 

11 (E) Monitor the EEVS to identify employ12 ers who are not using the system properly, in13 cluding employers who fail to make appropriate 

14 records with respect to their queries and any 

15 notices of confirmation, nonconfirmation, or 

16 further action. 

17 (F) Identify instances where employees al18 lege that an employer violated their privacy 

19 rights. 

20 (G) Analyze and audit the use of the 

21 EEVS and the data obtained through the 

22 EEVS to identify fraud trends, including fraud 

23 trends across industries, geographical areas, or 

24 employer size. 


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1 (H) Analyze and audit the use of the 

2 EEVS and the data obtained through the 

3 EEVS to develop compliance tools as necessary 

4 to respond to changing patterns of fraud. 

5 (I) Provide employers with additional 

6 training and other information on the proper 

7 use of the EEVS. 

8 (J) Perform threshold evaluation of cases 

9 for referral to the U.S. Immigration and Cus10 toms Enforcement and to liaise with the U.S. 

11 Immigration and Customs Enforcement with re12 spect to these referrals. 

13 (K) Any other compliance and monitoring 

14 activities that, in the Secretary’s judgment, are 

15 necessary to ensure the functioning of the 

16 EEVS. 

17 (L) Investigate identity theft and fraud de18 tected through the EEVS and undertake the 

19 necessary enforcement actions. 

20 (M) Investigate use of fraudulent docu21 ments or access to fraudulent documents 

22 through local facilitation and undertake the 

23 necessary enforcement actions. 

24 (N) Provide support to the U.S. Citizen25 ship and Immigration Services with respect to 


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1 the evaluation of cases for referral to the U.S. 

2 Immigration and Customs Enforcement. 

3 (O) Perform any other investigations that, 

4 in the Secretary’s judgment, are necessary to 

5 ensure the functioning of the EEVS, and un6 dertake any enforcement actions necessary as a 

7 result of these investigations. 

8 (2) The appropriations necessary to acquire, in9 stall and maintain technological equipment necessary 

10 to support the functioning of the EEVS and the 

11 connectivity between U.S. Citizenship and Immigra12 tion Services and the U.S. Immigration and Cus13 toms Enforcement with respect to the sharing of in14 formation to support the EEVS and related immi15 gration enforcement actions. 

16 (b) There are authorized to be appropriated to Com17 missioner of Social Security such sums as may be nec18 essary to carry out the provisions of this Act, including 

19 Section 308 of this Act. 


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1 TITLE IV—NEW TEMPORARY 

2 WORKER PROGRAM 

3 Subtitle A—Seasonal Non-Agricul4 tural and Year-Round Non5 immigrant Temporary Workers 

6 SEC. 401. NONIMMIGRANT TEMPORARY WORKER. 

7 (a) IN GENERAL.—Section 101(a)(15) of the Immi8 gration and Nationality Act (8 U.S.C. 1101(a)(15)) is 

9 amended— 

10 (1) in subparagraph (H)— 

11 (A) by striking subclause (ii)(b); 

12 (B) by striking ‘‘or (iii)’’ and inserting 

13 ‘‘(iii)’’; and 

14 (C) by striking ‘‘; and the alien spouse’’ 

15 and inserting ‘‘; or (iv) the alien spouse’’; 

16 (2) by striking ‘‘or’’ at the end of subparagraph 

17 (U); 

18 (3) by striking the period at the end of sub19 paragraph (V) and inserting a semi-colon; and 

20 (4) by inserting at the end the following new 

21 subparagraphs.— 

22 ‘‘(W) [Reserved]; 

23 ‘‘(X) [Reserved]; or 

24 ‘‘(Y) subject to section 218A, an alien hav25 ing a residence in a foreign country which the 


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1 alien has no intention of abandoning and who 

2 is coming temporarily to the United States— 

3 ‘‘(i) to perform temporary labor or 

4 services other than the labor or services 

5 described in clause (i)(b), (i)(b1), (i)(c), or 

6 (iii) of subparagraph (H), subparagraph 

7 (D), (E), (I), (L), (O), (P), or (R), or sec8 tion 214(e) (if United States workers who 

9 are able, willing, and qualified to perform 

10 such labor or services cannot be found in 

11 the United States); 

12 ‘‘(ii) to perform seasonal non-agricul13 tural labor or services; or 

14 ‘‘(iii) as the spouse or child of an 

15 alien described in clause (i) or (ii) of this 

16 subparagraph.’’. 

17 (b) REFERENCES.—All references in the immigration 

18 laws as amended by this Title to section 

19 101(a)(15)(H)(ii)(b) of the Immigration and Nationality 

20 Act shall be considered a reference to both that section 

21 of the Act and to section 101(a)(15)(Y)(ii) of the Act. 

22 (c) EFFECTIVE DATE.—The effective date of the 

23 amendment made by subparagraph (1)(A) of subsection 

24 (a) shall be the date on which the Secretary of Homeland 


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1 Security makes the certification described in section 1(a) 

2 of this Act. 

3 (d) SUNSET OF Y–1 VISA PROGRAM.— 

4 (1) SUNSET.—Notwithstanding any other provi5 sion of this Act, or any amendment made by this 

6 Act, no alien may be issued a new visa as a Y–1 

7 nonimmigrant (as defined in section 218B of the 

8 Immigration and Nationality Act, as added by sec9 tion 403) on the date that is 5 years after the date 

10 that the first such visa is issued. 

11 (2) CONSTRUCTION.—Nothing in paragraph (1) 

12 may be construed to affect issuance of visas to Y– 

13 2B nonimmigrants (as defined in such section 

14 218B), under the AgJOBS Act of 2007, as added by 

15 subtitle C, under the H–2A visa program, or any 

16 visa program other than the Y–1 visa program. 

17 SEC. 402. ADMISSION OF NONIMMIGRANT WORKERS. 

18 (a) NEW WORKERS.—Chapter 2 of title II of the Act 

19 (8 U.S.C. 1181 et seq.) is amended by striking section 

20 218 and inserting the following: 

21 ‘‘SEC. 218A. ADMISSION OF Y NONIMMIGRANTS. 

22 ‘‘(a) APPLICATION PROCEDURES.— 

23 ‘‘(1) LABOR CERTIFICATION.—The Secretary of 

24 Labor shall prescribe by regulation the procedures 

25 for a United States employer to obtain a labor cerVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 tification of a job opportunity under the terms set 

2 forth in section 218B. 

3 ‘‘(2) PETITION.—The Secretary of Homeland 

4 Security shall prescribe by regulation the procedures 

5 for a United States employer to petition to the Sec6 retary of Homeland Security for authorization to 

7 employ an alien as a Y nonimmigrant worker and 

8 the evidence required to demonstrate eligibility for 

9 such authorization under the terms set forth in sub10 section (c). 

11 ‘‘(3) Y NONIMMIGRANT VISA.—The Secretary of 

12 State and the Secretary of Homeland Security, as 

13 appropriate, shall prescribe by regulation the proce14 dures for an alien to apply for a Y nonimmigrant 

15 visa and the evidence required to demonstrate eligi16 bility for such visa under the terms set forth in sub17 section (e). 

18 ‘‘(4) REGULATIONS.—The regulations ref19 erenced in paragraphs (1), (2), and (3) shall de20 scribe, at a minimum— 

21 ‘‘(A) the procedures for collection and 

22 verification of biometric data from an alien 

23 seeking a Y nonimmigrant visa or admission in 

24 Y nonimmigrant status; and 


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1 ‘‘(B) the procedure and standards for vali2 dating an employment arrangement between a 

3 United States employer and an alien seeking a 

4 visa or admission described in (A). 

5 ‘‘(b) APPLICATION FOR CERTIFICATION OF A JOB

6 OPPORTUNITY OFFERED TO Y NONIMMIGRANT WORK7 ERS.—An employer desiring to employ a Y nonimmigrant 

8 worker shall, with respect to a specific opening that the 

9 employer seeks to fill with such a Y nonimmigrant, submit 

10 an application for labor certification of the job opportunity 

11 filed in accordance with the procedures established by sec12 tion 218B. 

13 ‘‘(c) PETITION TO EMPLOY Y NONIMMIGRANT

14 WORKERS.— 

15 ‘‘(1) IN GENERAL.—An employer that seeks au16 thorization to employ a Y nonimmigrant worker 

17 must file a petition with the Secretary of Homeland 

18 Security. The petition must be accompanied by— 

19 ‘‘(A) evidence that the employer has ob20 tained a certification under section 218B from 

21 the Secretary of Labor for the position sought 

22 to be filled by a Y nonimmigrant worker and 

23 that such certification remains valid; 

24 ‘‘(B) evidence that the job offer was and 

25 remains valid; 


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1 ‘‘(C) the name and other biographical in2 formation of the alien beneficiary and any ac3 companying spouse or child; and 

4 ‘‘(D) any biometrics from the beneficiary 

5 that the Secretary of Homeland Security may 

6 require by regulation. 

7 ‘‘(2) TIMING OF FILING.— 

8 ‘‘(A) IN GENERAL.—A petition under this 

9 subsection must be filed with the Secretary of 

10 Homeland Security within 180 days of the date 

11 of certification under section 218B by the Sec12 retary of Labor of the job opportunity. 

13 ‘‘(B) EXPIRATION OF CERTIFICATION.—If 

14 a labor certification is not filed in support of a 

15 petition under this subsection with the Sec16 retary of Homeland Security within 180 days of 

17 the date of certification by the Secretary of 

18 Labor, then the certification expires and may 

19 not support a Y nonimmigrant petition or be 

20 the basis for Y nonimmigrant visa issuance. 

21 ‘‘(3) ABILITY TO REQUEST DOCUMENTATION.— 

22 The Secretary of Homeland Security may request in23 formation to verify the attestations the employer 

24 made during the labor certification process, and any 


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1 other fact relevant to the adjudication of the peti2 tion. 

3 ‘‘(4) ADJUDICATION OF PETITION.— 

4 ‘‘(A) POST-ADJUDICATION ACTION.—After 

5 review of the petition, if the Secretary— 

6 ‘‘(i) is satisfied that the petition meets 

7 all of the requirements of paragraph (1), 

8 and any other requirements the Secretary 

9 has prescribed in regulations, he may ap10 prove the petition and by fax, cable, elec11 tronic, or any other means assuring expe12 dited delivery— 

13 ‘‘(I) transmit a copy of the notice 

14 of action on the petition to the peti15 tioner; and 

16 ‘‘(II) in the case of approved pe17 titions, transmit notice of the approval 

18 to the Secretary of State; 

19 ‘‘(ii) finds that the employer is not eli20 gible or that the petition is otherwise not 

21 approvable, the Secretary may— 

22 ‘‘(I) deny the petition without 

23 seeking additional evidence and in24 form the petitioner— 


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1 ‘‘(aa) that the petition was 

2 denied and the reason for the de3 nial; 

4 ‘‘(bb) of any available proc5 ess for administrative appeal of 

6 the decision; and 

7 ‘‘(cc) that the denial is with8 out prejudice to the filing of any 

9 subsequent petitions, except as 

10 provided in section 218B(e)(4); 

11 ‘‘(II) issue a request for docu12 mentation of the attestations or any 

13 other information or evidence that is 

14 material to the petition; or 

15 ‘‘(III) audit, investigate or other16 wise review the petition in such man17 ner as he may determine and refer 

18 evidence of fraud to appropriate law 

19 enforcement agencies based on the 

20 audit information. 

21 ‘‘(B) VALIDITY OF APPROVED PETITION.— 

22 An approved petition shall have the same period 

23 of validity as the certification described in sub24 section (c)(1)(A) and expire on the same date 

25 that the certification expires, except that the 


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1 Secretary of Homeland Security may terminate 

2 in his discretion an approved petition— 

3 ‘‘(i) when he determines that any ma4 terial fact, including, but not limited to the 

5 proffered wage rate, the geographic loca6 tion of employment, or the duties of the 

7 position, has changed in a way that would 

8 invalidate the recruitment actions; or 

9 ‘‘(ii) when he or the Secretary of 

10 Labor makes a finding of fraud or mis11 representation concerning the facts on the 

12 petition or any other representation made 

13 by the employer before the Secretary of 

14 Labor or Secretary of Homeland Security. 

15 ‘‘(C) ADMINISTRATIVE REVIEW.—The Sec16 retary of Homeland Security shall authorize a 

17 single level of administrative review with the 

18 United States Citizenship and Immigration 

19 Services Administrative Appeals Office of a pe20 tition denial or termination. 

21 ‘‘(d) AUTHORIZATION TO GRANT Y NONIMMIGRANT

22 VISA.— 

23 ‘‘(1) IN GENERAL.—A consular officer may 

24 grant a single-entry temporary visa to a Y non25 immigrant who demonstrates an intent to perform 


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1 labor or services in the United States (other than 

2 the labor or services described in clause (i)(b), 

3 (i)(b1), (i)(c), or (iii) of section 101(a)(15)(H), sub4 paragraph (D), (E), (I), (L), (O), (P), or (R) of sec5 tion 101(a)(15), or section 214(e) (if United States 

6 workers who are able, willing, and qualified to per7 form such labor or services cannot be found in the 

8 United States). 

9 ‘‘(2) APPLICANTS FROM CANADA.—Notwith10 standing any waivers of the visa requirement under 

11 section 212(a)(7)(B)(i)(II), a national of Canada 

12 seeking admission as a Y nonimmigrant will be inad13 missible if not in possession of— 

14 ‘‘(I) a valid Y nonimmigrant visa; or 

15 ‘‘(II) documentation of Y nonimmigrant 

16 status, as described in subsection (m). 

17 ‘‘(e) REQUIREMENTS FOR ADMISSION.—An alien 

18 shall be eligible for Y nonimmigrant status if the alien 

19 meets the following requirements: 

20 ‘‘(1) ELIGIBILITY TO WORK.—The alien shall 

21 establish that the alien is capable of performing the 

22 labor or services required for an occupation de23 scribed in section 101(a)(15)(Y)(i) or (Y)(ii). 

24 ‘‘(2) EVIDENCE OF EMPLOYMENT OFFER.—The 

25 alien’s evidence of employment shall be provided in 


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1 accordance with the requirements issued by the Sec2 retary of State, in consultation with the Secretary of 

3 Labor. In carrying out this paragraph, the Secretary 

4 may consider evidence from employers, employer as5 sociations, and labor representatives. 

6 ‘‘(3) FEES.— 

7 ‘‘(A) PROCESSING FEES.—An alien making 

8 an application for a Y nonimmigrant visa shall 

9 be required to pay, in addition to any fees 

10 charged by the Department of State for proc11 essing and adjudicating such visa application, a 

12 processing fee in an amount sufficient to re13 cover the full cost to the Secretary of Homeland 

14 Security of administrative and other expenses 

15 associated with processing the alien’s participa16 tion in the Y nonimmigrant program, including 

17 the costs of production of documentation of evi18 dence under subsection (m). 

19 ‘‘(B) STATE IMPACT FEE.—Aliens making 

20 an application for a Y–1 nonimmigrant visa 

21 shall pay a state impact fee of $500 and an ad22 ditional $250 for each dependent accompanying 

23 or following to join the alien, not to exceed 

24 $1,500 per family. 


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1 ‘‘(C) DEPOSIT AND SPENDING OF FEES.— 

2 The processing fees under subparagraph (A) 

3 shall be deposited and remain available until ex4 pended as provided by sections 286 (m) and 

5 (n). 

6 ‘‘(D) DEPOSIT AND DISPOSITION OF STATE

7 IMPACT ASSISTANCE FUNDS.—The funds de8 scribed in subparagraph (B) shall be deposited 

9 and remain available as provided by section 

10 286(x). 

11 ‘‘(E) CONSTRUCTION.—Nothing in this 

12 paragraph shall be construed to affect consular 

13 procedures for collection of machine-readable 

14 visa fees or reciprocal fees for the issuance of 

15 the visa. 

16 ‘‘(4) MEDICAL EXAMINATION.—The alien shall 

17 undergo a medical examination (including a deter18 mination of immunization status), at the alien’s ex19 pense, that conforms to generally accepted standards 

20 of medical practice. 

21 ‘‘(5) APPLICATION CONTENT AND WAIVER.— 

22 ‘‘(A) APPLICATION FORM.—The alien shall 

23 submit to the Secretary of State a completed 

24 application, which contains evidence that the reVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 quirements under paragraphs (1) and (2) have 

2 been met. 

3 ‘‘(B) CONTENT.—In addition to any other 

4 information that the Secretary requires to de5 termine an alien’s eligibility for Y non6 immigrant status, the Secretary of State shall 

7 require an alien to provide information con8 cerning the alien’s— 

9 ‘‘(i) physical and mental health; 

10 ‘‘(ii) criminal history, including all ar11 rests and dispositions, and gang member12 ship; 

13 ‘‘(iii) immigration history; and 

14 ‘‘(iv) involvement with groups or indi15 viduals that have engaged in terrorism, 

16 genocide, persecution, or who seek the 

17 overthrow of the United States Govern18 ment. 

19 ‘‘(C) KNOWLEDGE.—The alien shall in20 clude with the application submitted under this 

21 paragraph a signed certification in which the 

22 alien certifies that— 

23 ‘‘(i) the alien has read and under24 stands all of the questions and statements 

25 on the application form; 


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1 ‘‘(ii) the alien certifies under penalty 

2 of perjury under the laws of the United 

3 States that the application, and any evi4 dence submitted with it, are all true and 

5 correct; and 

6 ‘‘(iii) the applicant authorizes the re7 lease of any information contained in the 

8 application and any attached evidence for 

9 law enforcement purposes. 

10 ‘‘(6) MUST NOT BE INELIGIBLE.—The alien 

11 must not fall within a class of aliens ineligible for 

12 Y nonimmigrant status listed under subsection (h). 

13 ‘‘(7) MUST NOT BE INADMISSIBLE.—The alien 

14 must not be inadmissible as a nonimmigrant to the 

15 United States under section 212, except as provided 

16 in subsection (f). 

17 ‘‘(8) SPOUSE OR CHILD OF Y NON18 IMMIGRANT.—An alien seeking admission as a deriv19 ative Y–3 nonimmigrant must demonstrate, in addi20 tion to satisfaction of the requirements of para21 graphs (2) through (6)— 

22 ‘‘(A) that the annual wage of the principal 

23 Y nonimmigrant paid by the principal non24 immigrant’s U.S. employer, combined with the 

25 annual wage of the principal Y nonimmigrant’s 


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1 spouse where the Y–3 nonimmigrant is a child 

2 and the Y nonimmigrant’s spouse is a member 

3 of the principal Y nonimmigrant’s household, is 

4 equal to or greater than 150 percent of the 

5 U.S. poverty level for a household size equal in 

6 size to that of the principal alien (including all 

7 dependents, family members supported by the 

8 principal alien, and the spouse or child seeking 

9 to accompany or join the principal alien), as de10 termined by the Secretary of Health and 

11 Human Services for the fiscal year in which the 

12 spouse or child’s application for a non13 immigrant visa is filed; and 

14 ‘‘(B) that the alien’s cost of medical care 

15 is covered by medical insurance, valid in the 

16 United States, carried by the principal Y non17 immigrant alien, the principal Y non18 immigrant’s spouse (where the Y–3 non19 immigrant is a child), or the principal Y non20 immigrant alien’s employer. 

21 ‘‘(f) GROUNDS OF INADMISSIBILITY.— 

22 ‘‘(1) WAIVED GROUNDS OF INADMISSIBILITY.— 

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1 sible if the alien would be subject to the grounds of 

2 inadmissibility under section 601(d)(2). 

3 ‘‘(2) WAIVER.—The Secretary may in his dis4 cretion waive the application of any provision of sec5 tion 212(a) of the Act not listed in paragraph (2) 

6 on behalf of an individual alien for humanitarian 

7 purposes, to ensure family unity, or if such waiver 

8 is otherwise in the public interest. 

9 ‘‘(3) CONSTRUCTION.—Nothing in this sub10 section shall be construed as affecting the authority 

11 of the Secretary other than under this paragraph to 

12 waive the provisions of section 212(a). 

13 ‘‘(g) BACKGROUND CHECKS.—The Secretary of 

14 Homeland Security shall not admit, and the Secretary of 

15 State shall not issue a visa to, an alien seeking Y non16 immigrant visa or status unless all appropriate back17 ground checks have been completed to the satisfaction of 

18 the Secretaries of State and Homeland Security. 

19 ‘‘(h) GROUNDS OF INELIGIBILITY.— 

20 ‘‘(1) IN GENERAL.—An alien is ineligible for a 

21 Y nonimmigrant visa or Y nonimmigrant status if 

22 the alien is described in section 601(d)(1)(A), (D), 

23 (E), (F), or (G) of the [insert title of Act]. 

24 ‘‘(2) INELIGIBILITY OF DERIVATIVE Y–3 NON25 IMMIGRANTS.—An alien is ineligible for Y–3 nonVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 immigrant status if the principal Y nonimmigrant is 

2 ineligible under paragraph (1). 

3 ‘‘(3) APPLICABILITY TO GROUNDS OF INADMIS4 SIBILITY.—Nothing in this subsection shall be con5 strued to limit the applicability of any ground of in6 admissibility under section 212. 

7 ‘‘(i) PERIOD OF AUTHORIZED ADMISSION.— 

8 ‘‘(1) IN GENERAL.—Aliens admitted to the 

9 United States as Y nonimmigrants shall be granted 

10 the following periods of admission: 

11 ‘‘(A) Y–1 NONIMMIGRANTS.—Except as 

12 provided in (2), aliens granted admission as Y– 

13 1 nonimmigrants shall be granted an authorized 

14 period of admission of two years. Subject to 

15 paragraph (4), such two-year period of admis16 sion may be extended for two additional two17 year periods. 

18 ‘‘(B) Y–2B NONIMMIGRANTS.—Aliens 

19 granted admission as Y–2B nonimmigrants 

20 shall be granted an authorized period of admis21 sion of 10 months. 

22 ‘‘(2) Y–1 NONIMMIGRANTS WITH Y–3 DEPEND23 ENTS.—A Y–1 nonimmigrant who has accompanying 

24 or following-to-join derivative family members in Y– 

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1 year periods of admission. If the family members ac2 company the Y–1 nonimmigrant during the alien’s 

3 first period of admission the family members may 

4 not accompany or join the Y–1 nonimmigrant during 

5 the alien’s second period of admission. If the Y–1 

6 nonimmigrant’s family members accompany or fol7 low to join the Y–1 nonimmigrant during the alien’s 

8 second period of admission, but not his first period 

9 of admission, then the Y–1 nonimmigrant shall not 

10 be granted any additional periods of admission in Y 

11 nonimmigrant status. The period of authorized ad12 mission of a Y–3 nonimmigrant shall expire on the 

13 same date as the period of authorized admission of 

14 the principal Y–1 nonimmigrant worker. 

15 ‘‘(3) SUPPLEMENTARY PERIODS.—Each period 

16 of authorized admission described in paragraph (1) 

17 shall be supplemented by a period of not more than 

18 1 week before the beginning of the period of employ19 ment for the purpose of travel to the worksite and, 

20 except where such period of authorized admission 

21 has been terminated under subsection (j), a period 

22 of 14 days following the period of employment for 

23 the purpose of departure or extension based on a 

24 subsequent offer of employment, except that— 


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1 ‘‘(A) the alien is not authorized to be em2 ployed during such 14-day period except in the 

3 employment for which the alien was previously 

4 authorized; and 

5 ‘‘(B) the total period of employment, in6 cluding such 14-day period, may not exceed the 

7 maximum applicable period of admission under 

8 paragraph (1). 

9 ‘‘(4) EXTENSIONS OF THE PERIOD OF ADMIS10 SION.— 

11 ‘‘(A) IN GENERAL.—The periods of author12 ized admission described in paragraph (1) may 

13 not, except as provided in subparagraph (C)(2) 

14 of paragraph (1), be extended beyond the max15 imum period of admission set forth in that 

16 paragraph. 

17 ‘‘(B) EXTENSION OF Y–1 NONIMMIGRANT

18 STATUS.—A Y–1 nonimmigrant described in 

19 paragraph (1)(A) who has spent 24 months in 

20 the United States in Y–1 nonimmigrant status 

21 may not seek extension or be readmitted to the 

22 United States as a Y–1 nonimmigrant unless 

23 the alien has resided and been physically 

24 present outside the United States for the imme25 diate prior 12 months. 


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1 ‘‘(5) LIMITATION ON ADMISSION.— 

2 ‘‘(A) Y–1 NONIMMIGRANTS.—An alien who 

3 has been admitted to the United States in Y– 

4 1 nonimmigrant status for a period of two 

5 years under paragraph (1)(B), or as the Y–3 

6 nonimmigrant spouse or child of such a Y–1 

7 nonimmigrant, may not be readmitted to the 

8 United States as a Y–1 or Y–3 nonimmigrant 

9 after expiration of such period of authorized ad10 mission, regardless of whether the alien was 

11 employed or present in the United States for all 

12 or a part of such period. 

13 ‘‘(B) Y–2B NONIMMIGRANTS.—An alien 

14 who has been admitted to the United States in 

15 Y–2B nonimmigrant status may not, after expi16 ration of the alien’s period of authorized admis17 sion, be readmitted to the United States as a 

18 Y nonimmigrant after expiration of the alien’s 

19 period of authorized admission, regardless of 

20 whether the alien was employed or present in 

21 the United States for all or only a part of such 

22 period, unless the alien has resided and been 

23 physically present outside the United States for 

24 the immediately preceding two months. 


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1 ‘‘(C) READMISSION WITH NEW EMPLOY2 MENT.—Nothing in this paragraph shall be con3 strued to prevent a Y nonimmigrant, whose pe4 riod of authorized admission has not yet expired 

5 or been terminated under subsection (j), and 

6 who leaves the United States in a timely fash7 ion after completion of the employment de8 scribed in the petition of the Y nonimmigrant’s 

9 most recent employer, from reentering the 

10 United States as a Y nonimmigrant to work for 

11 a new employer, if the alien and the new em12 ployer have complied with all applicable require13 ments of this section and section 218B. 

14 ‘‘(6) INTERNATIONAL COMMUTERS.—An alien 

15 who maintains actual residence and place of abode 

16 outside the United States and commutes, on days 

17 the alien is working, into the United States to work 

18 as a Y–1 nonimmigrant, shall be granted an author19 ized period of admission of three years. The limita20 tions described in paragraphs (3) and (4) shall not 

21 apply to commuters described in this paragraph. 

22 ‘‘(j) TERMINATION.— 

23 ‘‘(1) IN GENERAL.—The period of authorized 

24 admission of a Y nonimmigrant shall terminate im25 mediately if: 


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1 ‘‘(A) the Secretary of Homeland Security 

2 determines that the alien was not eligible for 

3 such Y nonimmigrant status at the time of visa 

4 application or admission; 

5 ‘‘(B)(i) the alien commits an act that 

6 makes the alien removable from the United 

7 States under section 237; 

8 ‘‘(ii) the alien becomes inadmissible under 

9 section 212 (except as provided in subsection 

10 (f)); or 

11 ‘‘(iii) the alien becomes ineligible under 

12 subsection (h); 

13 ‘‘(C) the alien uses the documentation of 

14 his or her Y nonimmigrant status issued under 

15 subsection (m) for unlawful or fraudulent pur16 poses; 

17 ‘‘(D) subject to paragraph (2), the alien is 

18 unemployed within the United States for— 

19 ‘‘(i) 60 or more consecutive days; 

20 ‘‘(ii) in the case of a Y–1 non21 immigrant, an aggregate period of 120 

22 days, provided that the alien’s 14-day pe23 riod to lawfully depart the United States 

24 shall not be considered to begin until the 


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1 date that the alien has been provided no2 tice of the termination; or 

3 ‘‘(iii) in the case of a Y–2B non4 immigrant, an aggregate period of 30 days, 

5 provided that the alien’s 14-day period to 

6 lawfully depart the United States shall not 

7 be considered to begin until the date that 

8 the alien has been provided notice of the 

9 termination; or; 

10 ‘‘(E) the alien is a Y–3 nonimmigrant 

11 whose spouse or parent in Y–1 nonimmigrant 

12 status is an alien described in subparagraphs 

13 (A), (B), (C), or (D). 

14 ‘‘(2) EXCEPTION.—The period of authorized 

15 admission of a Y nonimmigrant shall not terminate 

16 for unemployment under subparagraph (1)(D) if the 

17 alien submits documentation to the Secretary of 

18 Homeland Security that establishes that such unem19 ployment was caused by— 

20 ‘‘(A) a period of physical or mental dis21 ability of the alien or the spouse, son, daughter, 

22 or parent (as defined in section 101 of the 

23 Family and Medical Leave Act of 1993 (29 

24 U.S.C. 2611)) of the alien; 


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1 ‘‘(B) a period of vacation, medical leave, 

2 maternity leave, or similar leave from employ3 ment authorized by employer policy, State law, 

4 or Federal law; or 

5 ‘‘(C) any other period of temporary unem6 ployment that is the direct result of a force 

7 majeure event. 

8 ‘‘(3) RETURN TO FOREIGN RESIDENCE.—Any 

9 alien whose period of authorized admission termi10 nates under paragraph (1) shall be required to leave 

11 the United States immediately and register such de12 parture at a designated port of departure in a man13 ner to be prescribed by the Secretary. 

14 ‘‘(4) INVALIDATION OF DOCUMENTATION.—Any 

15 documentation that is issued by the Secretary of 

16 Homeland Security under subsection (m) to any 

17 alien, whose period of authorized admission termi18 nates under paragraph (1), shall automatically be 

19 rendered invalid for any purpose except departure. 

20 ‘‘(k) VISITS OUTSIDE THE UNITED STATES.— 

21 ‘‘(A) IN GENERAL.—Under regulations estab22 lished by the Secretary of Homeland Security, a Y 

23 nonimmigrant— 

24 ‘‘(i) may travel outside of the United 

25 States; and 


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1 ‘‘(ii) may be readmitted for a period not 

2 more than the remaining time left until the 

3 alien accrues the maximum period of admission 

4 set forth in subsection (i), and without having 

5 to obtain a new visa if: 

6 ‘‘(A) the period of authorized admis7 sion has not expired or been terminated; 

8 ‘‘(B) the alien is the bearer of valid 

9 documentary evidence of Y nonimmigrant 

10 status that satisfies the conditions set 

11 forth in subsection (m); and 

12 ‘‘(C) the alien is not subject to the 

13 bars on extension or admission described 

14 in subsection (l). 

15 ‘‘(B) EFFECT ON PERIOD OF AUTHORIZED AD16 MISSION.—Time spent outside the United States 

17 under subparagraph (A) shall not extend the most 

18 recent period of authorized admission in the United 

19 States. 

20 ‘‘(l) BARS TO EXTENSION OR ADMISSION.—An alien 

21 may not be granted Y nonimmigrant status if— 

22 ‘‘(1) the alien has violated any material term or 

23 condition of such status granted previously, includ24 ing failure to comply with the change of address re25 porting requirements under section 265; 


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1 ‘‘(2) the alien is inadmissible as a non2 immigrant, except for those grounds previously 

3 waived under subsection (f); or 

4 ‘‘(3) the granting of such status would allow 

5 the alien to exceed limitations on stay in the United 

6 States in Y status described in subsection (i). 

7 ‘‘(m) EVIDENCE OF NONIMMIGRANT STATUS.—Each 

8 Y nonimmigrant shall be issued documentary evidence of 

9 nonimmigrant status, which— 

10 ‘‘(1) shall be machine-readable, tamper-resist11 ant, and shall contain a digitized photograph and 

12 other biometric identifiers that can be authenticated; 

13 ‘‘(2) shall, during the alien’s authorized period 

14 of admission under subsection (i), serve as a valid 

15 entry document for the purpose of applying for ad16 mission to the United States— 

17 ‘‘(A) instead of a passport and visa if the 

18 alien— 

19 ‘‘(i) is a national of a foreign territory 

20 contiguous to the United States; and 

21 ‘‘(ii) is applying for admission at a 

22 land border port of entry; and 

23 ‘‘(B) in conjunction with a valid passport, 

24 if the alien is applying for admission at an air 

25 or sea port of entry; 


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1 ‘‘(3) may be accepted during the period of its 

2 validity by an employer as evidence of employment 

3 authorization and identity under section 

4 274A(b)(1)(B); and 

5 ‘‘(4) shall be issued to the Y nonimmigrant by 

6 the Secretary of Homeland Security promptly after 

7 such alien’s admission to the United States as a Y 

8 nonimmigrant and reporting to the employer’s work9 site under subsection (q) or, at the discretion of the 

10 Secretary of Homeland Security, may be issued by 

11 the Secretary of State at a consulate instead of a 

12 visa. 

13 ‘‘(n) PERMANENT BARS FOR OVERSTAYS.— 

14 ‘‘(1) IN GENERAL.—Any Y nonimmigrant who 

15 remains beyond his or her initial authorized period 

16 of admission is permanently barred from any future 

17 benefits under the immigration laws, except— 

18 ‘‘(A) asylum under section 208(a); 

19 ‘‘(B) withholding of removal under section 

20 241(b)(3); or 

21 ‘‘(C) protection under the Convention 

22 Against Torture and Other Cruel, Inhuman or 

23 Degrading Treatment or Punishment, done at 

24 New York December 10, 1984. 


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1 ‘‘(2) EXCEPTION.—Overstay of the authorized 

2 period of admission may be excused in the discretion 

3 of the Secretary where it is demonstrated that: 

4 ‘‘(A) the period of overstay was due to ex5 traordinary circumstances beyond the control of 

6 the applicant, and the Secretary finds the pe7 riod commensurate with the circumstances; and 

8 ‘‘(B) the alien has not otherwise violated 

9 his Y nonimmigrant status. 

10 ‘‘(o) PENALTY FOR ILLEGAL ENTRY OR OVER11 STAY.— 

12 ‘‘(1) ILLEGAL ENTRY.—Any alien who after the 

13 date of the enactment of this section, unlawfully en14 ters, attempts to enter, or crosses the border, and is 

15 physically present in the United States after such 

16 date in violation of the immigration laws, is barred 

17 permanently from any future benefits under the im18 migration laws, except as provided in paragraph (3) 

19 or (4). 

20 ‘‘(2) OVERSTAY.—Any alien, other than a Y 

21 nonimmigrant, who, after the date of the enactment 

22 of this section remains unlawfully in the United 

23 States beyond the period of authorized admission, is 

24 barred for a period of ten years from any future 


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1 benefits under the immigration laws, except as pro2 vided in paragraph (3) or (4). 

3 ‘‘(3) RELIEF.—Notwithstanding the bar in 

4 paragraph (1) or (2), an alien may apply for— 

5 ‘‘(A) asylum under section 208(a); 

6 ‘‘(B) withholding of removal under section 

7 241(b)(3); or 

8 ‘‘(C) protection under the Convention 

9 Against Torture and Other Cruel, Inhuman or 

10 Degrading Treatment or Punishment, done at 

11 New York December 10, 1984. 

12 ‘‘(4) EXCEPTION.—Overstay of the authorized 

13 period of admission may be excused in the discretion 

14 of the Secretary where it is demonstrated that: 

15 ‘‘(A) the period of overstay was due to ex16 traordinary circumstances beyond the control of 

17 the applicant, and the Secretary finds the pe18 riod commensurate with the circumstances; and 

19 ‘‘(B) the alien has not otherwise violated 

20 his nonimmigrant status. 

21 ‘‘(p) PORTABILITY.—A Y nonimmigrant worker, who 

22 was previously issued a visa or otherwise provided Y non23 immigrant status, may accept a new offer of employment 

24 with a subsequent employer, if— 


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1 ‘‘(1) the position being offered the Y non2 immigrant has been certified by the Secretary of 

3 Labor under section 218B and the employer com4 plies with all requirements of this section and sec5 tion 218B; 

6 ‘‘(2) the alien, after lawful admission to the 

7 United States, did not work without authorization; 

8 and 

9 ‘‘(3) the subsequent employer has notified the 

10 Secretary of Homeland Security under subsection 

11 (q) of the Y nonimmigrant’s change of employment. 

12 ‘‘(q) REPORTING OF START AND TERMINATION OF

13 EMPLOYMENT.— 

14 ‘‘(1) START OF Y WORKER EMPLOYMENT.—A Y 

15 nonimmigrant shall report in the manner prescribed 

16 by the Secretary of Homeland Security to the em17 ployer whose job offer was the basis for issuance of 

18 the alien’s Y nonimmigrant visa within 7 days of ad19 mission into the United States. 

20 ‘‘(2) EMPLOYER NOTIFICATION REQUIRE21 MENT.—An employer shall within three days make 

22 notification in the manner prescribed by the Sec23 retary of Homeland Security, of the following events: 


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1 ‘‘(A) a Y nonimmigrant worker has re2 ported for work pursuant to paragraph (1) 

3 after admission in Y nonimmigrant status; 

4 ‘‘(B) a Y nonimmigrant worker has 

5 changed jobs under subsection (r) and started 

6 employment with the employer; 

7 ‘‘(C) the employment of a Y nonimmigrant 

8 worker has terminated; or 

9 ‘‘(D) a Y nonimmigrant worker on whose 

10 behalf the employer has filed a petition under 

11 this subsection that has been approved by the 

12 Secretary of Homeland Security has failed to 

13 report for work within three days of the em14 ployment start date agreed upon between the 

15 employer and the Y nonimmigrant. 

16 ‘‘(3) VERIFICATION.—An employer shall provide 

17 upon request of the Secretary of Homeland Security 

18 verification that an alien who has been granted ad19 mission as a Y nonimmigrant worker was or con20 tinues to be employed by the employer. 

21 ‘‘(4) FINE.—Any employer that fails to comply 

22 with the notification requirements of this subsection 

23 shall pay to the Secretary of Homeland Security a 

24 fine, in an amount and under procedures established 

25 by the Secretary in regulation. 


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1 ‘‘(r) NO THREATENING OF EMPLOYEES.—It shall be 

2 a violation of this section for an employer who has filed 

3 a petition under this section to threaten the alien bene4 ficiary of such petition with the withdrawal of such a peti5 tion in retaliation for the beneficiary’s exercise of a right 

6 protected by section 218B. 

7 ‘‘(s) CHANGE OF STATUS.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) A Y nonimmigrant may apply to 

10 change status to another nonimmigrant status, 

11 subject to section 248 and if otherwise eligible. 

12 ‘‘(B) No alien admitted to the United 

13 States under the immigration laws in a classi14 fication other than Y nonimmigrant status may 

15 change status to Y nonimmigrant status. 

16 ‘‘(C) An alien in Y nonimmigrant status 

17 may not change status to any other Y non18 immigrant status. 

19 ‘‘(2) CONSTRUCTION.—Nothing in this sub20 section shall be construed to prevent an alien who is 

21 precluded from changing status to a particular Y 

22 nonimmigrant classification under subparagraphs 

23 (1)(B), (C), or (D) from leaving the United States 

24 and applying at a U.S. consulate for the desired 

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1 bility requirements, in the appropriate Y classifica2 tion. 

3 ‘‘(t) VISITATION OF Y NONIMMIGRANT BY SPOUSE

4 OR CHILD WITHOUT A Y–3 NONIMMIGRANT VISA.—Noth5 ing in this section shall be construed to prohibit the spouse 

6 or child of a Y nonimmigrant worker to be admitted to 

7 the United States under any other existing legal basis for 

8 which the spouse or child may qualify. 

9 ‘‘(u) CHANGE OF ADDRESS.—A Y nonimmigrant 

10 shall comply with the change of address reporting require11 ments under section 265 through electronic or paper noti12 fication.’’ 

13 (b) CONFORMING AMENDMENT REGARDING CRE14 ATION OF TREASURY ACCOUNTS.—Section 286 of the Im15 migration and Nationality Act (8 U.S.C. 1356) is amend16 ed by inserting at the end the following new subsections— 

17 ‘‘(w) TEMPORARY WORKER PROGRAM ACCOUNT.— 

18 ‘‘(1) IN GENERAL.—There is established in the 

19 general fund of the Treasury a separate account, 

20 which shall be known as the ‘Temporary Worker 

21 Program Account’. Notwithstanding any other sec22 tion of this Act, there shall be deposited into the ac23 count all fines and civil penalties collected under sec24 tions 218A, 218B, or 218F and Title VI of [name 


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1 of Act], except as specifically provided otherwise in 

2 such sections. 

3 ‘‘(2) USE OF FUNDS.—Amounts deposited into 

4 the Temporary Worker Program Account shall re5 main available until expended as follows: 

6 ‘‘(A) for the administration of the Stand7 ing Commission on Immigration and Labor 

8 Markets, established under section 409 of the 

9 [Insert title of Act]; and 

10 ‘‘(B) after amounts needed by the Stand11 ing Commission on Immigration and Labor 

12 Markets have been expended, for the Secre13 taries of Labor and Homeland Security, as fol14 lows: 

15 ‘‘(i) one-third to the Secretary of 

16 Labor to carry out the Secretary of La17 bor’s functions and responsibilities, includ18 ing enforcement of labor standards under 

19 sections 218A, 218B, and 218F, and 

20 under applicable labor laws including the 

21 Fair Labor Standards Act of 1938 (29 

22 U.S.C. 201 et seq.) and the Occupational 

23 Safety and Health Act of 1970 (29 U.S.C. 

24 651 et seq.). Such activities shall include 


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1 random audits of employers that partici2 pate in the Y visa program; and 

3 ‘‘(ii) two-thirds to the Secretary of 

4 Homeland Security to improve immigration 

5 services and enforcement. 

6 ‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.— 

7 ‘‘(1) IN GENERAL.—There is established in the 

8 general fund of the Treasury a separate account, 

9 which shall be known as the ‘State Impact Assistant 

10 Account’. 

11 ‘‘(2) SOURCE OF FUNDS.—Notwithstanding any 

12 other provision under this Act, there shall be depos13 ited as offsetting receipts into the State Impact As14 sistance Account all State Impact Assistance fees 

15 collected under sections 218A(e)(3)(B) and section 

16 601(e)(6)(C) of the [Insert title of Act]. 

17 ‘‘(3) USE OF FUNDS.—Amounts deposited into 

18 the State Impact Assistance Account may only be 

19 used to carry out the State Impact Assistance Grant 

20 Program established under paragraph (4). 

21 ‘‘(4) STATE IMPACT ASSISTANCE GRANT PRO22 GRAM.— 

23 ‘‘(A) ESTABLISHMENT.—The Secretary of 

24 Health and Human Services, in consultation 

25 with the Secretary of Education, shall establish 


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1 the State Impact Assistance Grant Program 

2 (referred to in this subsection as the ‘Pro3 gram’), under which the Secretary may award 

4 grants to States to provide health and edu5 cation services to noncitizens in accordance with 

6 this paragraph. 

7 ‘‘(B) STATE ALLOCATIONS.—The Sec8 retary of Health and Human Services shall an9 nually allocate the amounts available in the 

10 State Impact Assistance Account among the 

11 States as follows: 

12 ‘‘(i) NONCITIZEN POPULATION.— 

13 Eighty percent of such amounts shall be 

14 allocated so that each State receives the 

15 greater of— 

16 ‘‘(I) $5,000,000; or 

17 ‘‘(II) after adjusting for alloca18 tions under subclause (I), the percent19 age of the amount to be distributed 

20 under this clause that is equal to the 

21 noncitizen resident population of the 

22 State divided by the noncitizen resi23 dent population of all States, based on 

24 the most recent data available from 

25 the Bureau of the Census. 


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1 ‘‘(ii) HIGH GROWTH RATES.—Twenty 

2 percent of such amounts shall be allocated 

3 among the 20 States with the largest 

4 growth rates in noncitizen resident popu5 lation, as determined by the Secretary of 

6 Health and Human Services, so that each 

7 such State receives the percentage of the 

8 amount distributed under this clause that 

9 is equal to— 

10 ‘‘(I) the growth rate in the non11 citizen resident population of the 

12 State during the most recent 3-year 

13 period for which data is available from 

14 the Bureau of the Census; divided by 

15 ‘‘(II) the average growth rate in 

16 noncitizen resident population for the 

17 20 States during such 3-year period. 

18 ‘‘(iii) LEGISLATIVE APPROPRIA19 TIONS.—The use of grant funds allocated 

20 to States under this paragraph shall be 

21 subject to appropriation by the legislature 

22 of each State in accordance with the terms 

23 and conditions under this paragraph. 

24 ‘‘(C) FUNDING FOR LOCAL GOVERN25 MENT.— 


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1 ‘‘(i) DISTRIBUTION CRITERIA.—Grant 

2 funds received by States under this para3 graph shall be distributed to units of local 

4 government based on need and function. 

5 ‘‘(ii) MINIMUM DISTRIBUTION.—Ex6 cept as provided in clause (iii), a State 

7 shall distribute not less than 30 percent of 

8 the grant funds received under this para9 graph to units of local government not 

10 later than 180 days after receiving such 

11 funds. 

12 ‘‘(iii) EXCEPTION.—If an eligible unit 

13 of local government that is available to 

14 carry out the activities described in sub15 paragraph (D) cannot be found in a State, 

16 the State does not need to comply with 

17 clause (ii). 

18 ‘‘(iv) UNEXPENDED FUNDS.—Any 

19 grant funds distributed by a State to a 

20 unit of local government that remain unex21 pended as of the end of the grant period 

22 shall revert to the State for redistribution 

23 to another unit of local government. 

24 ‘‘(D) USE OF FUNDS.—States and units of 

25 local government shall use grant funds received 


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1 under this paragraph to provide health services, 

2 educational services, and related services to 

3 noncitizens within their jurisdiction directly, or 

4 through contracts with eligible services pro5 viders, including— 

6 ‘‘(i) health care providers; 

7 ‘‘(ii) local educational agencies; and 

8 ‘‘(iii) charitable and religious organi9 zations. 

10 ‘‘(E) STATE DEFINED.—In this paragraph, 

11 the term ‘State’ means each of the several 

12 States of the United States, the District of Co13 lumbia, the Commonwealth of Puerto Rico, the 

14 Virgin Islands, Guam, American Samoa, and 

15 the Commonwealth of the Northern Mariana Is16 lands. 

17 ‘‘(F) CERTIFICATION.—In order to receive 

18 a payment under this section, the State shall 

19 provide the Secretary of Health and Human 

20 Services with a certification that the State’s 

21 proposed uses of the fund are consistent with 

22 (D). 

23 ‘‘(G) ANNUAL REPORT.—The Secretary of 

24 Health and Human Services shall inform the 


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1 States annually of the amount of funds avail2 able to each State under the Program.’’. 

3 ‘‘(c) CLERICAL AMENDMENT.—The table of contents 

4 Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 

5 is amended by inserting after the item relating to section 

6 218 the following: 

‘‘Sec. 218A. Admission of Y nonimmigrants.’’. 

7 SEC. 403. GENERAL Y NONIMMIGRANT EMPLOYER OBLIGA8 TIONS. 

9 (a) IN GENERAL.—Title II (8 U.S.C. 1201 et seq.) 

10 is amended by inserting after section 218A of the Immi11 gration and Nationality Act, as added by section 402, the 

12 following: 

13 ‘‘SEC. 218B. GENERAL Y NONIMMIGRANT EMPLOYER OBLI14 GATIONS. 

15 ‘‘(a) GENERAL REQUIREMENTS.—Each employer 

16 who seeks to employ a Y nonimmigrant shall— 

17 ‘‘(1) file in accordance with subsection (b) an 

18 application for labor certification of the position that 

19 the employer seeks to fill with a Y nonimmigrant 

20 that contains— 

21 ‘‘(A) the attestation described in sub22 section (c); 

23 ‘‘(B) a description of the nature and loca24 tion of the work to be performed; 


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1 ‘‘(C) the anticipated period (expected be2 ginning and ending dates) for which the work3 ers will be needed; and 

4 ‘‘(D) the number of job opportunities in 

5 which the employer seeks to employ the work6 ers; 

7 ‘‘(2) include with the application filed under 

8 paragraph (1) a copy of the job offer describing the 

9 wages and other terms and conditions of employ10 ment and the bona fide occupational qualifications 

11 that shall be possessed by a worker to be employed 

12 in the job opportunity in question; and 

13 ‘‘(3) be required to pay, with respect to an ap14 plication to employ a Y–1 worker— 

15 ‘‘(A) an application processing fee for each 

16 alien, in an amount sufficient to recover the full 

17 cost to the Secretary of Labor of administrative 

18 and other expenses associated with adjudicating 

19 the application; and 

20 ‘‘(B) a secondary fee, to be deposited in 

21 the Treasury in accordance with section 286(x), 

22 of— 

23 ‘‘(i) $500, in the case of an employer 

24 employing 25 employees or less; 


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1 ‘‘(ii) $750, in the case of an employer 

2 employing between 26 and 150 employees; 

3 ‘‘(iii) $1,000, in the case of an em4 ployer employing between 151 and 500 em5 ployees; or 

6 ‘‘(iv) $1,250, in the case of an em7 ployer employing more than 500 employ8 ees; 

9 ‘‘provided that an employer who provides a Y 

10 nonimmigrant health insurance coverage shall 

11 not be required to pay the impact fee. 

12 ‘‘(b) REQUIRED PROCEDURE.—Each employer of Y 

13 nonimmigrants shall comply with the following require14 ments: 

15 ‘‘(1) EFFORTS TO RECRUIT UNITED STATES

16 WORKERS.—The employer involved shall recruit 

17 United States workers for the position for which 

18 labor certification is sought under this section, by— 

19 ‘‘(A) Not later than 90 days before the 

20 date on which an application is filed under sub21 section (a)(1) submitting a copy of the job op22 portunity, including a description of the wages 

23 and other terms and conditions of employment 

24 and the minimum education, training, experiVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 ence and other requirements of the job, to the 

2 designated state agency and— 

3 ‘‘(i) authorizing the designated state 

4 agency to post the job opportunity on the 

5 Internet website established under section 

6 414 of [Title of bill], with local job banks, 

7 and with unemployment agencies and other 

8 labor referral and recruitment sources per9 tinent to the job involved; and 

10 ‘‘(ii) authorizing the designated state 

11 agency to notify labor organizations in the 

12 State in which the job is located and, if ap13 plicable, the office of the local union which 

14 represents the employees in the same or 

15 substantially equivalent job classification of 

16 the job opportunity; 

17 ‘‘(B) posting the availability of the job op18 portunity for which the employer is seeking a 

19 worker in conspicuous locations at the place of 

20 employment for all employees to see for a pe21 riod of time beginning not later than 90 days 

22 before the date on which an application is filed 

23 under subsection (a)(1) and ending no earlier 

24 than 14 days before such filing date; 


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1 ‘‘(C) advertising the availability of the job 

2 opportunity for which the employer is seeking a 

3 worker in one of the three highest circulation 

4 publications in the labor market that is likely to 

5 be patronized by a potential worker for not 

6 fewer than 10 consecutive days during the pe7 riod of time beginning not later than 90 days 

8 before the date on which an application is filed 

9 under subsection (a)(1) and ending no earlier 

10 than 14 days before such filing date; and 

11 ‘‘(D) advertising the availability of the job 

12 opportunity in professional, trade, or ethnic 

13 publications that are likely to be patronized by 

14 a potential worker, as recommended by the des15 ignated state agency. The employer shall not be 

16 required to advertise in more than three such 

17 recommended publications. 

18 ‘‘(2) EFFORTS TO EMPLOY UNITED STATES

19 WORKERS.—An employer that seeks to employ a Y 

20 nonimmigrant shall first offer the job with, at a 

21 minimum, the same wages, benefits, and working 

22 conditions, to any eligible United States worker who 

23 applies, is qualified for the job and is available at 

24 the time of need. 


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1 ‘‘(3) DEFINITION.—For purposes of this sub2 section, ‘designated state agency’ shall mean the 

3 state agency designated to perform the functions in 

4 this subsection in the area of employment in the 

5 State in which the employer is located. 

6 ‘‘(c) APPLICATION.—An application under this sec7 tion for labor certification of a position that an employer 

8 seeks to fill with a Y nonimmigrant shall be filed with the 

9 Secretary of Labor and shall include an attestation by the 

10 employer of the following: 

11 ‘‘(1) with respect to an application for labor 

12 certification of a position that an employer seeks to 

13 fill with a Y–1 or Y–2B nonimmigrant— 

14 ‘‘(A) PROTECTION OF UNITED STATES

15 WORKERS.—The employment of a Y non16 immigrant— 

17 ‘‘(i) will not adversely affect the wages 

18 and working conditions of workers in the 

19 United States similarly employed; and 

20 ‘‘(ii) did not and will not cause the 

21 separation from employment of a United 

22 States worker employed by the employer 

23 within the 180-day period beginning 90 

24 days before the date on which the petition 

25 is filed. 


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1 ‘‘(B) WAGES.— 

2 ‘‘(i) IN GENERAL.—The Y non3 immigrant worker will be paid not less 

4 than the greater of— 

5 ‘‘(I) the actual wage level paid by 

6 the employer to all other individuals 

7 with similar experience and qualifica8 tions for the specific employment in 

9 question; or 

10 ‘‘(II) the prevailing competitive 

11 wage level for the occupational classi12 fication in the area of employment, 

13 taking into account experience and 

14 skill levels of employees. 

15 ‘‘(ii) CALCULATION.—The wage levels 

16 under subparagraph (A) shall be calculated 

17 based on the best information available at 

18 the time of the filing of the application. 

19 ‘‘(iii) PREVAILING COMPETITIVE

20 WAGE LEVEL.—For purposes of subclause 

21 (i)(II), the prevailing competitive wage 

22 level shall be determined as follows: 

23 ‘‘(I) If the job opportunity is cov24 ered by a collective bargaining agree25 ment between a union and the emVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 ployer, the prevailing competitive 

2 wage shall be the wage rate set forth 

3 in the collective bargaining agreement. 

4 ‘‘(II) If the job opportunity is not 

5 covered by such an agreement and it 

6 is on a project that is covered by a 

7 wage determination under a provision 

8 of subchapter IV of chapter 31 of title 

9 40, United States Code, or the Service 

10 Contract Act of 1965 (41 U.S.C. 351 

11 et seq.), the prevailing competitive 

12 wage level shall be the appropriate 

13 statutory wage. 

14 ‘‘(III)(aa) If the job opportunity 

15 is not covered by such an agreement 

16 and it is not on a project covered by 

17 a wage determination under a provi18 sion of subchapter IV of chapter 31 of 

19 title 40, United States Code, or the 

20 Service Contract Act of 1965 (41 

21 U.S.C. 351 et seq.), the prevailing 

22 competitive wage level shall be based 

23 on published wage data for the occu24 pation from the Bureau of Labor Sta25 tistics, including the Occupational 


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1 Employment Statistics survey, Cur2 rent Employment Statistics data, Na3 tional Compensation Survey, and Oc4 cupational Employment Projections 

5 program. If the Bureau of Labor Sta6 tistics does not have wage data appli7 cable to such occupation, the employer 

8 may base the prevailing competitive 

9 wage level on data from another wage 

10 survey approved by the state work11 force agency under regulations pro12 mulgated by the Secretary of Labor. 

13 ‘‘(bb) Such regulations shall re14 quire, among other things, that such 

15 surveys are statistically valid and re16 cently conducted. 

17 ‘‘(D) LABOR DISPUTE.—There is not a 

18 strike, lockout, or work stoppage in the course 

19 of a labor dispute in the occupation at the place 

20 of employment at which the Y nonimmigrant 

21 will be employed. If such strike, lockout, or 

22 work stoppage occurs following submission of 

23 the application, the employer will provide notifi24 cation in accordance with regulations promul25 gated by the Secretary of Labor. 


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1 ‘‘(E) PROVISION OF INSURANCE.—If the 

2 position for which the Y nonimmigrant is 

3 sought is not covered by the State workers’ 

4 compensation law, the employer will provide, at 

5 no cost to the Y nonimmigrant, insurance cov6 ering injury and disease arising out of, and in 

7 the course of, the worker’s employment, which 

8 will provide benefits at least equal to those pro9 vided under the State workers’ compensation 

10 law for comparable employment. 

11 ‘‘(F) NOTICE TO EMPLOYEES.— 

12 ‘‘(i) IN GENERAL.—The employer has 

13 provided notice of the filing of the applica14 tion to the bargaining representative of the 

15 employer’s employees in the occupational 

16 classification and area of employment for 

17 which the Y nonimmigrant is sought. 

18 ‘‘(ii) No bargaining representative.— 

19 If there is no such bargaining representa20 tive, the employer has— 

21 ‘‘(I) posted a notice of the filing 

22 of the application in a conspicuous lo23 cation at the place or places of em24 ployment for which the Y non25 immigrant is sought; or 


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1 ‘‘(II) electronically disseminated 

2 such a notice to the employer’s em3 ployees in the occupational classifica4 tion for which the Y nonimmigrant is 

5 sought. 

6 ‘‘(G) RECRUITMENT.—That— 

7 ‘‘(i) there are not sufficient workers 

8 who are able, willing, and qualified, and 

9 who will be available at the time and place 

10 needed, to perform the labor or services de11 scribed in the application; and 

12 ‘‘(ii) good faith efforts have been 

13 taken to recruit United States workers, in 

14 accordance with regulations promulgated 

15 by the Secretary of Labor, which efforts 

16 included— 

17 ‘‘(I) the completion of recruit18 ment during the period beginning on 

19 the date that is 90 days before the 

20 date on which the application was 

21 filed with the Department of Labor 

22 and ending on the date that is 14 

23 days before such filing date; and 

24 ‘‘(II) the wages that the em25 ployer would be required by law to 


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1 provide for the Y nonimmigrant were 

2 used in conducting recruitment. 

3 ‘‘(H) INELIGIBILITY.—The employer is not 

4 currently ineligible from using the Y non5 immigrant program described in this section. 

6 ‘‘(I) BONA FIDE OFFER OF EMPLOY7 MENT.—The job for which the Y nonimmigrant 

8 is sought is a bona fide job— 

9 ‘‘(i) for which the employer needs 

10 labor or services; 

11 ‘‘(ii) which has been and is clearly 

12 open to any United States worker; and 

13 ‘‘(iii) for which the employer will be 

14 able to place the Y nonimmigrant on the 

15 payroll. 

16 (J) PUBLIC AVAILABILITY AND RECORDS

17 RETENTION.—A copy of each application filed 

18 under this section and documentation sup19 porting each attestation, in accordance with 

20 regulations promulgated by the Secretary of 

21 Labor, will— 

22 ‘‘(i) be provided to every Y non23 immigrant employed under the petition; 


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1 ‘‘(ii) be made available for public ex2 amination at the employer’s place of busi3 ness or work site; 

4 ‘‘(iii) be made available to the Sec5 retary of Labor during any audit; and 

6 ‘‘(iv) remain available for examination 

7 for 5 years after the date on which the ap8 plication is filed. 

9 ‘‘(K) NOTIFICATION UPON SEPARATION

10 FROM OR TRANSFER OF EMPLOYMENT.—The 

11 employer will notify the Secretary of Labor and 

12 the Secretary of Homeland Security of a Y non13 immigrant’s separation from employment or 

14 transfer to another employer not more than 3 

15 business days after the date of such separation 

16 or transfer, in accordance with section 

17 218A(q)(2). 

18 ‘‘(L) ACTUAL NEED FOR LABOR OR SERV19 ICES.—The application was filed not more than 

20 60 days before the date on which the employer 

21 needed labor or services for which the Y non22 immigrant is sought. 

23 ‘‘(d) AUDIT OF ATTESTATIONS.— 

24 ‘‘(1) REFERRALS BY SECRETARY OF HOMELAND

25 SECURITY.—The Secretary of Homeland Security 


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1 shall refer all petitions approved under section 218A 

2 to the Secretary of Labor for potential audit. 

3 (2) AUDITS AUTHORIZED.—The Secretary of 

4 Labor may audit any approved petition referred pur5 suant to paragraph (1), in accordance with regula6 tions promulgated by the Secretary of Labor. 

7 ‘‘(e) INELIGIBLE EMPLOYERS.— 

8 ‘‘(1) IN GENERAL.—In addition to any other 

9 applicable penalties under law, the Secretary of 

10 Labor and the Secretary of Homeland Security shall 

11 not, for the period described in paragraph (2), ap12 prove an employer’s petition or application for a 

13 labor certification under any immigrant or non14 immigrant program if the Secretary of Labor deter15 mines, after notice and an opportunity for a hearing, 

16 that the employer submitting such documents— 

17 ‘‘(A) has, with respect to the application 

18 required under subsection (a), including attesta19 tions required under subsection (b)— 

20 ‘‘(i) misrepresented a material fact; 

21 ‘‘(ii) made a fraudulent statement; or 

22 ‘‘(iii) failed to comply with the terms 

23 of such attestations; or 


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1 ‘‘(B) failed to cooperate in the audit proc2 ess in accordance with regulations promulgated 

3 by the Secretary of Labor; 

4 ‘‘(C) has been convicted of any of the of5 fenses codified in Chapter 77 of Title 18 of the 

6 United States Code (slave labor) or any con7 spiracy to commit such offenses, or any human 

8 trafficking offense under state or territorial law; 

9 ‘‘(D) has, within three years prior to the 

10 date of application: 

11 ‘‘(i) committed any hazardous occupa12 tion orders violation resulting in injury or 

13 death under the child labor provisions con14 tained in section 12 of the Fair Labor 

15 Standards Act and any regulation there16 under; 

17 ‘‘(ii) been assessed a civil money pen18 alty for any repeated or willful violation of 

19 the minimum wage provisions of section 6 

20 of the Fair Labor Standards Act; or 

21 ‘‘(iii) been assessed a civil money pen22 alty for any repeated or willful violation of 

23 the overtime provisions of section 7 of the 

24 Fair Labor Standards Act or any regulaVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 tions thereunder, other than a repeated 

2 violation that is self-reported; or 

3 ‘‘(E) has, within three years prior to the 

4 date of application, received a citation for: 

5 ‘‘(i) a willful violation; or 

6 ‘‘(ii) repeated serious violations involv7 ing injury or death of section 5 of the Oc8 cupational Safety and Health Act, or any 

9 standard, rule, or order promulgated pur10 suant to section 6 of the Occupational 

11 Safety and Health Act, or any regulations 

12 prescribed pursuant to that. This sub13 section shall also apply to equivalent viola14 tions of a plan approved under section 18 

15 of the Occupational Safety and Health Act. 

16 ‘‘(2) LENGTH OF INELIGIBILITY.—An employer 

17 described in paragraph (1) shall be ineligible to par18 ticipate in the labor certification programs of the 

19 Secretary of Labor for not less than the time period 

20 determined by the Secretary, not to exceed 3 years. 

21 However, an employer who has been convicted of 

22 any of the offenses codified in Chapter 77 of Title 

23 18 of the United States Code (slave labor) or any 

24 conspiracy to commit such offenses, or any human 

25 trafficking offense under state or territorial law shall 


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1 be permanently ineligible to participate in the labor 

2 certification programs. 

3 ‘‘(3) EMPLOYERS IN HIGH UNEMPLOYMENT

4 AREAS.—The Secretary of Labor may not approve 

5 any employer’s application under subsection (b) if 

6 the work to be performed by the Y nonimmigrant is 

7 not agriculture based and is located in a county 

8 where the unemployment rate during the most re9 cently completed year is more than 7 percent. An 

10 employer in a high unemployment area may petition 

11 the Secretary for a waiver of this provision. The Sec12 retary shall promulgate regulations for the expedi13 tious review of such waivers, which shall specify that 

14 the employer must satisfy the requirements of sec15 tion (b) above and in addition must provide docu16 mentation of its recruitment efforts, including proof 

17 that it has advertised the position in one of the three 

18 publications that have the highest circulation in the 

19 labor market that is likely to be patronized by a po20 tential worker for not fewer than 20 consecutive 

21 days under the rules and conditions set forth in sec22 tion (b). An employer who has provided proof of ad23 vertising in accordance with this section shall be 

24 deemed to be in compliance with the requirements of 

25 subsection (b)(1)(D) of this section. The Secretary 


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1 shall provide for a process to promptly respond to all 

2 waiver requests, and shall maintain on the Depart3 ment of Labor’s website an annual list of counties 

4 to which this subsection applies. 

5 ‘‘(4) INELIGIBILITY FOR PETITIONS.—The Sec6 retary of Labor shall inform the Secretary of Home7 land Security of a determination under paragraph 

8 (1) with respect to a specific employer. The Sec9 retary of Homeland Security shall not, for the period 

10 described in paragraph (2), approve the petitions or 

11 applications of any such employer for any immigrant 

12 or nonimmigrant program, regardless of whether 

13 such application or petition requires a labor certifi14 cation. 

15 ‘‘(f) PROHIBITION OF INDEPENDENT CONTRAC16 TORS.— 

17 ‘‘(1) COVERAGE.—Notwithstanding any other 

18 provision of law— 

19 ‘‘(A) a Y nonimmigrant is prohibited from 

20 being treated as an independent contractor 

21 under any federal or state law; 

22 ‘‘(B) no person, including an employer or 

23 labor contractor and any persons who are affili24 ated with or contract with an employer or labor 


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1 contractor, may treat a Y nonimmigrant as an 

2 independent contractor; and 

3 ‘‘(C) this provision shall not be construed 

4 to prevent employers who operate as inde5 pendent contractors from employing Y non6 immigrants as employees. 

7 ‘‘(2) APPLICABILITY OF LAWS.—A Y non8 immigrant shall not be denied any right or any rem9 edy under Federal, State, or local labor or employ10 ment law that would be applicable to a United 

11 States worker employed in a similar position with 

12 the employer because of the alien’s status as a non13 immigrant worker. 

14 ‘‘(3) TAX RESPONSIBILITIES.—With respect to 

15 each employed Y nonimmigrant, an employer shall 

16 comply with all applicable Federal, State, and local 

17 tax and revenue laws. 

18 ‘‘(g) WHISTLEBLOWER PROTECTION.— 

19 ‘‘(1) PROHIBITED ACTIVITIES.—It shall be un20 lawful for an employer or a labor contractor of a Y 

21 nonimmigrant to intimidate, threaten, restrain, co22 erce, retaliate, discharge, or in any other manner, 

23 discriminate against an employee or former em24 ployee because the employee or former employee— 


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1 ‘‘(A) discloses information to the employer 

2 or any other person that the employee or 

3 former employee reasonably believes dem4 onstrates a violation of this Act or [title of bill]; 

5 or 

6 ‘‘(B) cooperates or seeks to cooperate in an 

7 investigation or other proceeding concerning 

8 compliance with the requirements of this Act or 

9 [title of bill]. 

10 ‘‘(2) RULEMAKING.—The Secretary of Labor 

11 shall promulgate regulations that establish a process 

12 by which a nonimmigrant alien described in section 

13 101(a)(15)(Y) or 101(a)(15)(H) who files a non14 frivolous complaint (as defined by the Federal Rules 

15 of Civil Procedure) regarding a violation of this Act, 

16 [title of bill] or any other Federal labor or employ17 ment law, or any other rule or regulation pertaining 

18 to such laws and is otherwise eligible to remain and 

19 work in the United States prior to the expiration of 

20 the maximum period of stay authorized for that non21 immigrant classification for a period of 120 consecu22 tive days or such additional time period as the Sec23 retary shall determine through rulemaking is nec24 essary to collect information or take evidence from 

25 the nonimmigrant alien regarding a complaint or 


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1 agency investigation. This period shall be allowed to 

2 exceed the maximum period of stay authorized for 

3 that nonimmigrant classification if the Secretary of 

4 Labor has designated the nonimmigrant alien as a 

5 necessary witness. 

6 ‘‘(h) LABOR RECRUITERS.—With respect to the em7 ployment of Y nonimmigrant workers— 

8 ‘‘(1) IN GENERAL.—Each employer that en9 gages in foreign labor contracting activity and each 

10 foreign labor contractor shall ascertain and disclose, 

11 to each such worker who is recruited for employment 

12 at the time of the worker’s recruitment— 

13 ‘‘(A) the place of employment; 

14 ‘‘(B) the compensation for the employ15 ment; 

16 ‘‘(C) a description of employment activi17 ties; 

18 ‘‘(D) the period of employment; 

19 ‘‘(E) any other employee benefit to be pro20 vided and any costs to be charged for each ben21 efit; 

22 ‘‘(F) any travel or transportation expenses 

23 to be assessed; 


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1 ‘‘(G) the existence of any labor organizing 

2 effort, strike, lockout, or other labor dispute at 

3 the place of employment; 

4 ‘‘(H) the existence of any arrangement 

5 with any owner, employer, foreign contractor, 

6 or its agent where such person receives a com7 mission from the provision of items or services 

8 to workers; 

9 ‘‘(I) the extent to which workers will be 

10 compensated through workers’ compensation, 

11 private insurance, or otherwise for injuries or 

12 death, including— 

13 ‘‘(i) work related injuries and death 

14 during the period of employment; 

15 ‘‘(ii) the name of the State workers’ 

16 compensation insurance carrier or the 

17 name of the policyholder of the private in18 surance; 

19 ‘‘(iii) the name and the telephone 

20 number of each person who must be noti21 fied of an injury or death; and 

22 ‘‘(iv) the time period within which 

23 such notice must be given; 

24 ‘‘(J) any education or training to be pro25 vided or required, including— 


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1 ‘‘(i) the nature and cost of such train2 ing; 

3 ‘‘(ii) the entity that will pay such 

4 costs; and 

5 ‘‘(iii) whether the training is a condi6 tion of employment, continued employ7 ment, or future employment; and 

8 ‘‘(K) a statement, in a form specified by 

9 the Secretary of Labor, describing the protec10 tions of this Act and of the Trafficking Victims 

11 Protection Act of 2000, P.L. 106–486, for 

12 workers recruited abroad. 

13 ‘‘(2) FALSE OR MISLEADING INFORMATION.— 

14 No foreign labor contractor or employer who en15 gages in foreign labor contracting activity shall 

16 knowingly provide materially false or misleading in17 formation to any worker concerning any matter re18 quired to be disclosed in paragraph (1). 

19 ‘‘(3) LANGUAGES.—The information required to 

20 be disclosed under paragraph (1) shall be provided 

21 in writing in English or, as necessary and reason22 able, in the language of the worker being recruited. 

23 The Secretary of Labor shall make forms available 

24 in English, Spanish, and other languages, as nec25 essary and reasonable, which may be used in proVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 viding workers with information required under this 

2 section. 

3 ‘‘(4) FEES.—A person conducting a foreign 

4 labor contracting activity shall not assess any fee to 

5 a worker for such foreign labor contracting activity. 

6 ‘‘(5) TERMS.—No employer or foreign labor 

7 contractor shall, without justification, violate the 

8 terms of any agreement related to the requirements 

9 of this section made by that contractor or employer 

10 regarding employment under this program. 

11 ‘‘(6) TRAVEL COSTS.—If the foreign labor con12 tractor or employer charges the employee for trans13 portation, such transportation costs shall be reason14 able. 

15 ‘‘(7) OTHER WORKER PROTECTIONS.— 

16 ‘‘(A) NOTIFICATION.—Not less frequently 

17 than once every year, each employer shall notify 

18 the Secretary of Labor of the identity of any 

19 foreign labor contractor engaged by the em20 ployer in any foreign labor contractor activity 

21 for, or on behalf of, the employer. 

22 ‘‘(B) REGISTRATION OF FOREIGN LABOR

23 CONTRACTORS.— 

24 ‘‘(i) IN GENERAL.—No person shall 

25 engage in foreign labor recruiting activity 


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1 unless such person has a certificate of reg2 istration from the Secretary of Labor 

3 specifying the activities that such person is 

4 authorized to perform. An employer who 

5 retains the services of a foreign labor con6 tractor shall only use those foreign labor 

7 contractors who are registered under this 

8 subparagraph. 

9 ‘‘(ii) ISSUANCE.—The Secretary shall 

10 promulgate regulations to establish an effi11 cient electronic process for the investiga12 tion and approval of an application for a 

13 certificate of registration of foreign labor 

14 contractors not later than 14 days after 

15 such application is filed, including— 

16 ‘‘(I) requirements under para17 graphs (1), (4), and (5) of section 102 

18 of the Migrant and Seasonal Agricul19 tural Worker Protection Act (29 

20 U.S.C. 1812); 

21 ‘‘(II) an expeditious means to up22 date registrations and renew certifi23 cates; and 

24 ‘‘(III) any other requirements 

25 that the Secretary may prescribe. 


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1 ‘‘(iii) TERM.—Unless suspended or re2 voked, a certificate under this subpara3 graph shall be valid for 2 years. 

4 ‘‘(iv) REFUSAL TO ISSUE; REVOCA5 TION; SUSPENSION.—In accordance with 

6 regulations promulgated by the Secretary 

7 of Labor, the Secretary may refuse to issue 

8 or renew, or may suspend or revoke, a cer9 tificate of registration under this subpara10 graph if— 

11 ‘‘(I) the application or holder of 

12 the certification has knowingly made a 

13 material misrepresentation in the ap14 plication for such certificate; 

15 ‘‘(II) the applicant for, or holder 

16 of, the certification is not the real 

17 party in interest in the application or 

18 certificate of registration and the real 

19 party in interest— 

20 ‘‘(aa) is a person who has 

21 been refused issuance or renewal 

22 of a certificate; 

23 ‘‘(bb) has had a certificate 

24 suspended or revoked; or 


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1 ‘‘(cc) does not qualify for a 

2 certificate under this paragraph; 

3 or 

4 ‘‘(III) the applicant for or holder 

5 of the certification has failed to com6 ply with this Act. 

7 ‘‘(C) REMEDY FOR VIOLATIONS.—An em8 ployer engaging in foreign labor contracting ac9 tivity and a foreign labor contractor that vio10 lates the provisions of this subsection shall be 

11 subject to remedies for foreign labor contractor 

12 violations under subsections (j) and (k). If a 

13 foreign labor contractor who is an agent of an 

14 employer violates any provision of this sub15 section when acting within the scope of its 

16 agency, the employer shall be subject to rem17 edies under subsections (j) and (k). An em18 ployer shall not be subject to remedies for viola19 tions committed by a foreign labor contractor 

20 when such contractor is acting in direct con21 travention of an express, written contractual 

22 provision contained in the agreement between 

23 the employer and the foreign labor contractor. 

24 An employer that violates a provision of this 

25 subsection relating to employer obligations shall 


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1 be subject to remedies under subsections (j) 

2 and (k). 

3 ‘‘(D) EMPLOYER NOTIFICATION.—An em4 ployer shall notify the Secretary of Labor if the 

5 employer becomes aware of a violation of this 

6 subsection by a foreign labor recruiter. 

7 ‘‘(E) WRITTEN AGREEMENTS.—A foreign 

8 labor contractor may not violate the terms of 

9 any written agreements made with an employer 

10 relating to any contracting activity or worker 

11 protection under this subsection. 

12 ‘‘(F) BONDING REQUIREMENT.—The Sec13 retary of Labor may require a foreign labor 

14 contractor to post a bond in an amount suffi15 cient to ensure the protection of individuals re16 cruited by the foreign labor contractor. The 

17 Secretary may consider the extent to which the 

18 foreign labor contractor has sufficient ties to 

19 the United States to adequately enforce this 

20 subsection. 

21 ‘‘(i) WAIVER OF RIGHTS PROHIBITED.—A Y non22 immigrant may not be required to waive any rights or pro23 tections under this Act. Nothing under this subsection 

24 shall be construed to affect the interpretation of other 

25 laws. 


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1 ‘‘(j) ENFORCEMENT.—With respect to violations of 

2 the provisions of this section relating to the employment 

3 of Y nonimmigrant workers— 

4 ‘‘(1) IN GENERAL.—The Secretary of Labor 

5 shall promulgate regulations for the receipt, inves6 tigation, and disposition of complaints by an ag7 grieved person respecting a violation of this section. 

8 ‘‘(2) FILING DEADLINE.—No investigation or 

9 hearing shall be conducted on a complaint con10 cerning a violation under this section unless the 

11 complaint was filed not later than 12 months after 

12 the date of such violation. 

13 ‘‘(3) REASONABLE BASIS.—The Secretary of 

14 Labor shall conduct an investigation under this sub15 section if there is reasonable basis to believe that a 

16 violation of this section has occurred. The process 

17 established under this subsection shall provide that, 

18 not later than 30 days after a complaint is filed, the 

19 Secretary shall determine if there is reasonable 

20 cause to find such a violation. 

21 ‘‘(4) NOTICE AND HEARING.— 

22 ‘‘(A) IN GENERAL.—Not later than 60 

23 days after the Secretary of Labor makes a de24 termination of reasonable basis under para25 graph (3), the Secretary shall issue a notice to 


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1 the interested parties and offer an opportunity 

2 for a hearing on the complaint, in accordance 

3 with section 556 of title 5, United States Code. 

4 ‘‘(B) COMPLAINT.—If the Secretary of 

5 Labor, after receiving a complaint under this 

6 subsection, does not offer the aggrieved person 

7 or organization an opportunity for a hearing 

8 under subparagraph (A), the Secretary shall no9 tify the aggrieved person or organization of 

10 such determination and the aggrieved person or 

11 organization may seek a hearing on the com12 plaint under procedures established by the Sec13 retary which comply with the requirements of 

14 section 556. 

15 ‘‘(C) HEARING DEADLINE.—Not later than 

16 60 days after the date of a hearing under this 

17 paragraph, the Secretary of Labor shall make a 

18 finding on the matter in accordance with para19 graph (5). 

20 ‘‘(5) ATTORNEY’S FEES.—A complainant who 

21 prevails in an action under this section with respect 

22 to a claim related to wages or compensation for em23 ployment, or a claim for a violation of subsection (j), 

24 shall be entitled to an award of reasonable attorney’s 

25 fees and costs. 


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1 ‘‘(6) POWER OF THE SECRETARY.—The Sec2 retary may bring an action in any court of com3 petent jurisdiction— 

4 ‘‘(A) to seek remedial action, including in5 junctive relief; 

6 ‘‘(B) to recover the damages described in 

7 subsection (k); or 

8 ‘‘(C) to ensure compliance with terms and 

9 conditions described in subsection (g). 

10 ‘‘(7) SOLICITOR OF LABOR.—Except as pro11 vided in section 518(a) of title 28, United States 

12 Code, the Solicitor of Labor may appear for and rep13 resent the Secretary of Labor in any civil litigation 

14 brought under this subsection. All such litigation 

15 shall be subject to the direction and control of the 

16 Attorney General. 

17 ‘‘(8) PROCEDURES IN ADDITION TO OTHER

18 RIGHTS OF EMPLOYEES.—The rights and remedies 

19 provided to workers under this section are in addi20 tion to any other contractual or statutory rights and 

21 remedies of the workers, and are not intended to 

22 alter or affect such rights and remedies. 

23 ‘‘(k) PENALTIES.—With respect to violations of the 

24 provisions of this section relating to the employment of 

25 Y–1 or Y–2B nonimmigrants— 


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1 ‘‘(1) IN GENERAL.—If, after notice and an op2 portunity for a hearing, the Secretary of Labor finds 

3 a violation of this section, the Secretary may impose 

4 administrative remedies and penalties, including— 

5 ‘‘(A) back wages; 

6 ‘‘(B) benefits; and 

7 ‘‘(C) civil monetary penalties. 

8 ‘‘(2) CIVIL PENALTIES.—The Secretary of 

9 Labor may impose, as a civil penalty— 

10 ‘‘(A) for a violation of subsections (b) 

11 through (g)— 

12 ‘‘(i) a fine in an amount not more 

13 than $2,000 per violation per affected 

14 worker and $4,000 per violation per af15 fected worker for each subsequent viola16 tion; 

17 ‘‘(ii) if the violation was willful, a fine 

18 in an amount not more than $5,000 per 

19 violation per affected worker; 

20 ‘‘(iii) if the violation was willful and if 

21 in the course of such violation a United 

22 States worker was harmed, a fine in an 

23 amount not more than $25,000 per viola24 tion per affected worker; and 

25 ‘‘(B) for a violation of subsection (h)— 


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1 ‘‘(i) a fine in an amount not less than 

2 $500 and not more than $4,000 per viola3 tion per affected worker; 

4 ‘‘(ii) if the violation was willful, a fine 

5 in an amount not less than $2,000 and not 

6 more than $5,000 per violation per af7 fected worker; and 

8 ‘‘(iii) if the violation was willful and if 

9 in the course of such violation a United 

10 States worker was harmed, a fine in an 

11 amount not less than $6,000 and not more 

12 than $35,000 per violation per affected 

13 worker. 

14 ‘‘(C) for knowingly or recklessly failing to 

15 comply with the terms of representations made 

16 in petitions, applications, certifications, or at17 testations under any immigrant or non18 immigrant program, or with representations 

19 made in materials required by section (h) (con20 cerning labor recruiters)— 

21 ‘‘(1) a fine in an amount not more than $4,000 

22 per affected worker; and 

23 ‘‘(2) upon the occasion of a third offense of fail24 ure to comply with representations, a fine in an 

25 amount not to exceed $5,000 per affected worker 


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1 and designation as an ineligible employer, recruiter, 

2 or broker for purposes of any immigrant or non3 immigrant program. 

4 ‘‘(3) USE OF CIVIL PENALTIES.—All penalties 

5 collected under this subsection shall be deposited in 

6 the Treasury in accordance with section 286(w). 

7 ‘‘(4) CRIMINAL PENALTIES.—If a willful and 

8 knowing violation of subsection (g) causes extreme 

9 physical or financial harm to an individual, the per10 son in violation of such subsection may be impris11 oned for not more than 6 months, fined in an 

12 amount not more than $35,000, or both. 

13 ‘‘(l) DEFINITIONS.—Unless otherwise provided, in 

14 this section and section 218A: 

15 ‘‘(1) AGGRIEVED PERSON.—The term ‘ag16 grieved person’ means a person adversely affected by 

17 an alleged violation of this section, including— 

18 ‘‘(A) a worker whose job, wages, or work19 ing conditions are adversely affected by the vio20 lation; and 

21 ‘‘(B) a representative authorized by a 

22 worker whose jobs, wages, or working condi23 tions are adversely affected by the violation who 

24 brings a complaint on behalf of such worker. 


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1 ‘‘(2) AREA OF EMPLOYMENT.—The terms ‘area 

2 of employment’ and ‘area of intended employment’ 

3 mean the area within normal commuting distance of 

4 the worksite or physical location at which the work 

5 of the Y worker is or will be performed. If such 

6 worksite or location is within a Metropolitan Statis7 tical Area, any place within such area is deemed to 

8 be within the area of employment. 

9 ‘‘(3) CONVENTION AGAINST TORTURE.—The 

10 term ‘Convention Against Torture’ shall refer to the 

11 United Nations Convention Against Torture and 

12 Other Cruel, Inhuman or Degrading Treatment or 

13 Punishment, subject to any reservations, under14 standings, declarations, and provisos contained in 

15 the United States Senate resolution of ratification of 

16 the Convention, as implemented by section 2242 of 

17 the Foreign Affairs Reform and Restructuring Act 

18 of 1998 (Public Law 105–277, 112 Stat. 2681, 

19 2681–821). 

20 ‘‘(4) DERIVATIVE Y NONIMMIGRANT.—The term 

21 ‘derivative’ Y nonimmigrant means an alien de22 scribed at paragraph (Y)(iii) of subsection 

23 101(a)(15). 

24 ‘‘(5) ELIGIBLE; ELIGIBLE INDIVIDUAL.—The 

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1 vidual, or ‘eligible individual’, means, with respect to 

2 employment, an individual who is not an unauthor3 ized alien (as defined in section 274A) with respect 

4 to that employment. 

5 ‘‘(6) EMPLOY; EMPLOYEE; EMPLOYER.—The 

6 terms ‘employ’, ‘employee’, and ‘employer’ have the 

7 meanings given such terms in section 3 of the Fair 

8 Labor Standards Act of 1938 (29 U.S.C. 203). 

9 ‘‘(7) FELONY.—The term ‘felony’, with regard 

10 to a conviction in a foreign jurisdiction, means a 

11 crime for which a sentence of one year or longer in 

12 prison may be imposed. 

13 ‘‘(8) FORCE MAJEURE EVENT.—The term ‘force 

14 majeure event’ shall mean an event that is beyond 

15 the control of either party, including, without limita16 tion, hurricanes, earthquakes, act of terrorism, war, 

17 fire, civil disorder or other events of a similar or dif18 ferent kind. 

19 ‘‘(9) FOREIGN LABOR CONTRACTOR.—The term 

20 ‘foreign labor contractor’ means any person who for 

21 any compensation or other valuable consideration 

22 paid or promised to be paid, performs any foreign 

23 labor contracting activity. 

24 ‘‘(10) FOREIGN LABOR CONTRACTING ACTIV25 ITY.—The term ‘foreign labor contracting activity’ 


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1 means recruiting, soliciting, hiring, employing, or 

2 furnishing, an individual who resides outside of the 

3 United States for employment in the United States 

4 as a nonimmigrant alien described in section 

5 101(a)(15)(H)(ii)(c). 

6 ‘‘(11) FULL TIME.—The term ‘full time’, with 

7 respect to a job in agricultural labor or services, 

8 means any job in which the individual is employed 

9 5.75 or more hours per day; and for any job, means 

10 in any period of authorized admission or portion of 

11 such period, employment or study for at least 90 

12 percent of the total number of work-hours in such 

13 period, calculated at a rate of 1,575 work-hours per 

14 year (1,438 work-hours per year for agricultural em15 ployment). Each credit-hour of study shall be count16 ed as the equivalent of 50 work-hours. 

17 ‘‘(12) JOB OPPORTUNITY.—The term ‘job op18 portunity’ means a job opening for temporary or 

19 seasonal full-time employment at a place in the 

20 United States to which United States workers can 

21 be referred. 

22 ‘‘(B) STATUTORY CONSTRUCTION.—Noth23 ing in this paragraph is intended to limit an 

24 employee’s rights under a collective bargaining 

25 agreement or other employment contract. 


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1 ‘‘(14) MISDEMEANOR.—The term ‘mis2 demeanor’, with regard to a conviction in a foreign 

3 jurisdiction, means a crime for which a sentence of 

4 no more than 364 days in prison may be imposed. 

5 ‘‘(15) REGULATORY DROUGHT.—The term ‘reg6 ulatory drought’ means a decision subsequent to the 

7 filing of the application under section 218B by an 

8 entity not under the control of the employer making 

9 such filing which restricts the employer’s access to 

10 water for irrigation purposes and reduces or limits 

11 the employer’s ability to produce an agricultural 

12 commodity, thereby reducing the need for labor. 

13 ‘‘(16) SEASONAL.—Labor is performed on a 

14 ‘seasonal’ basis if— 

15 ‘‘(A) ordinarily, it pertains to or is of the 

16 kind exclusively performed at certain seasons or 

17 periods of the year; and 

18 ‘‘(B) from its nature, it may not be contin19 uous or carried on throughout the year. 

20 ‘‘(17) SECRETARY.—Except as otherwise pro21 vided, the term ‘Secretary’ means the Secretary of 

22 Homeland Security. 

23 ‘‘(18) SEPARATION FROM EMPLOYMENT.—The 

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1 charge for inadequate performance, violation of 

2 workplace rules, cause, voluntary departure, vol3 untary retirement, or the expiration of a grant or 

4 contract. The term does not include any situation in 

5 which the worker is offered, as an alternative to 

6 such loss of employment, a similar employment op7 portunity with the same employer at equivalent or 

8 higher compensation and benefits than the position 

9 from which the employee was discharged, regardless 

10 of whether the employee accepts the offer. Nothing 

11 in this paragraph shall limit an employee’s rights 

12 under a collective bargaining agreement or other em13 ployment contract. 

14 ‘‘(19) UNITED STATES WORKER.—The term 

15 ‘United States worker’ means an employee who is— 

16 ‘‘(A) a citizen or national of the United 

17 States; or 

18 ‘‘(B) an alien who is— 

19 ‘‘(i) lawfully admitted for permanent 

20 residence; 

21 ‘‘(ii) admitted as a refugee under sec22 tion 207; 

23 ‘‘(iii) granted asylum under section 

24 208; or 


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1 ‘‘(iv) otherwise authorized, under this 

2 Act or by the Secretary of Homeland Secu3 rity, to be employed in the United States.’. 

4 ‘‘(20) Y NONIMMIGRANT; Y NONIMMIGRANT

5 WORKER.— 

6 ‘‘(A) The term ‘Y nonimmigrant’ means an 

7 alien admitted to the United States under para8 graph (Y)(i) or (Y)(ii) of subsection 101(a)(15), 

9 or the spouse or child of such nonimmigrant in 

10 derivative status under (Y)(iii); and 

11 ‘‘(B) The term ‘Y nonimmigrant worker’ 

12 means an alien admitted to the United States 

13 under paragraph (Y)(i) or (Y)(ii) of subsection 

14 101(a)(15). 

15 ‘‘(21) Y–1 NONIMMIGRANT; Y–1 WORKER.—The 

16 term ‘Y–1 nonimmigrant’ or ‘Y–1 worker’ means an 

17 alien admitted to the United States under paragraph 

18 (i) of subsection 101(a)(15)(Y). 

19 ‘‘(23) Y–2B NONIMMIGRANT; Y–2B WORKER.— 

20 The term ‘Y–2B nonimmigrant’ or ‘Y–2B worker’ 

21 means an alien admitted to the United States under 

22 paragraph (ii) of subsection 101(a)(15)(Y). 

23 ‘‘(24) Y–3 NONIMMIGRANT.—The term ‘Y–3 

24 nonimmigrant’ means an alien admitted to the 


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1 United States under paragraph (iii) of subsection 

2 101(a)(15)(Y).’’. 

3 ‘‘(b) CLERICAL AMENDMENT.—The table of contents 

4 is amended by inserting after the item relating to section 

5 218A, as added by section 402, the following: 

‘‘Sec. 218B. Employer obligations.’’. 

6 Subtitle B—Seasonal Agricultural 

7 Nonimmigrant Temporary Workers 

8 SEC. 404. AMENDMENT TO THE IMMIGRATION AND NATION9 ALITY ACT. 

10 (a) IN GENERAL.—Title II of the Immigration and 

11 Nationality Act (8 U.S.C. 1151 et seq.) is amended insert12 ing the following after section 218B: 

13 ‘‘SEC. 218C. H–2A EMPLOYER APPLICATIONS. 

14 ‘‘(a) APPLICATIONS TO THE SECRETARY OF

15 LABOR.— 

16 ‘‘(1) IN GENERAL.—No alien may be admitted 

17 to the United States as an H–2A worker, or other18 wise provided status as an H–2A worker, unless the 

19 employer has filed with the Secretary of Labor an 

20 application containing— 

21 ‘‘(A) the assurances described in sub22 section (b); 

23 ‘‘(B) a description of the nature and loca24 tion of the work to be performed; 


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1 ‘‘(C) the anticipated period (expected be2 ginning and ending dates) for which the work3 ers will be needed; and 

4 ‘‘(D) the number of job opportunities in 

5 which the employer seeks to employ the work6 ers. 

7 ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap8 plication filed under paragraph (1) shall be accom9 panied by a copy of the job offer describing the 

10 wages and other terms and conditions of employ11 ment and the bona fide occupational qualifications 

12 that shall be possessed by a worker to be employed 

13 in the job opportunity in question. 

14 ‘‘(b) ASSURANCES FOR INCLUSION IN APPLICA15 TIONS.—The assurances referred to in subsection (a)(1) 

16 are the following: 

17 ‘‘(1) JOB OPPORTUNITIES COVERED BY COL18 LECTIVE BARGAINING AGREEMENTS.—With respect 

19 to a job opportunity that is covered under a collec20 tive bargaining agreement: 

21 ‘‘(A) UNION CONTRACT DESCRIBED.—The 

22 job opportunity is covered by a union contract 

23 which was negotiated at arm’s length between a 

24 bona fide union and the employer. 


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1 ‘‘(B) STRIKE OR LOCKOUT.—The specific 

2 job opportunity for which the employer is re3 questing an H–2A worker is not vacant because 

4 the former occupant is on strike or being locked 

5 out in the course of a labor dispute. 

6 ‘‘(C) NOTIFICATION OF BARGAINING REP7 RESENTATIVES.—The employer, at the time of 

8 filing the application, has provided notice of the 

9 filing under this paragraph to the bargaining 

10 representative of the employer’s employees in 

11 the occupational classification at the place or 

12 places of employment for which aliens are 

13 sought. 

14 ‘‘(D) TEMPORARY OR SEASONAL JOB OP15 PORTUNITIES.—The job opportunity is tem16 porary or seasonal. 

17 ‘‘(E) OFFERS TO UNITED STATES WORK18 ERS.—The employer has offered or will offer 

19 the job to any eligible United States worker 

20 who applies and is equally or better qualified 

21 for the job for which the nonimmigrant is, or 

22 the nonimmigrants are, sought and who will be 

23 available at the time and place of need. 

24 ‘‘(F) PROVISION OF INSURANCE.—If the 

25 job opportunity is not covered by the State 


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1 workers’ compensation law, the employer will 

2 provide, at no cost to the worker, insurance cov3 ering injury and disease arising out of, and in 

4 the course of, the worker’s employment which 

5 will provide benefits at least equal to those pro6 vided under the State’s workers’ compensation 

7 law for comparable employment. 

8 ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY

9 COLLECTIVE BARGAINING AGREEMENTS.—With re10 spect to a job opportunity that is not covered under 

11 a collective bargaining agreement: 

12 ‘‘(A) STRIKE OR LOCKOUT.—The specific 

13 job opportunity for which the employer has ap14 plied for an H–2A worker is not vacant because 

15 the former occupant is on strike or being locked 

16 out in the course of a labor dispute. 

17 ‘‘(B) TEMPORARY OR SEASONAL JOB OP18 PORTUNITIES.—The job opportunity is tem19 porary or seasonal. 

20 ‘‘(C) BENEFIT, WAGE, AND WORKING CON21 DITIONS.—The employer will provide, at a min22 imum, the benefits, wages, and working condi23 tions required by section 218E to all workers 

24 employed in the job opportunities for which the 

25 employer has applied for an H–2A worker 


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1 under subsection (a) and to all other workers in 

2 the same occupation at the place of employ3 ment. 

4 ‘‘(D) NONDISPLACEMENT OF UNITED

5 STATES WORKERS.—The employer did not dis6 place and will not displace a United States 

7 worker employed by the employer during the 

8 period of employment and for a period of 30 

9 days preceding the period of employment in the 

10 occupation at the place of employment for 

11 which the employer has applied for an H–2A 

12 worker. 

13 ‘‘(E) REQUIREMENTS FOR PLACEMENT OF

14 THE NONIMMIGRANT WITH OTHER EMPLOY15 ERS.—The employer will not place the non16 immigrant with another employer unless— 

17 ‘‘(i) the nonimmigrant performs du18 ties in whole or in part at 1 or more work19 sites owned, operated, or controlled by 

20 such other employer; 

21 ‘‘(ii) there are indicia of an employ22 ment relationship between the non23 immigrant and such other employer; and 

24 ‘‘(iii) the employer has inquired of the 

25 other employer as to whether, and has no 


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1 actual knowledge or notice that, during the 

2 period of employment and for a period of 

3 30 days preceding the period of employ4 ment, the other employer has displaced or 

5 intends to displace a United States worker 

6 employed by the other employer in the oc7 cupation at the place of employment for 

8 which the employer seeks approval to em9 ploy H–2A workers. 

10 ‘‘(F) STATEMENT OF LIABILITY.—The ap11 plication form shall include a clear statement 

12 explaining the liability under subparagraph (E) 

13 of an employer if the other employer described 

14 in such subparagraph displaces a United States 

15 worker as described in such subparagraph. 

16 ‘‘(G) PROVISION OF INSURANCE.—If the 

17 job opportunity is not covered by the State 

18 workers’ compensation law, the employer will 

19 provide, at no cost to the worker, insurance cov20 ering injury and disease arising out of and in 

21 the course of the worker’s employment which 

22 will provide benefits at least equal to those pro23 vided under the State’s workers’ compensation 

24 law for comparable employment. 


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1 ‘‘(H) EMPLOYMENT OF UNITED STATES

2 WORKERS.— 

3 ‘‘(i) RECRUITMENT.—The employer 

4 has taken or will take the following steps 

5 to recruit United States workers for the 

6 job opportunities for which the H–2A non7 immigrant is, or H–2A nonimmigrants are, 

8 sought: 

9 (I) CONTACTING FORMER WORK10 ERS.—The employer shall make rea11 sonable efforts through the sending of 

12 a letter by United States Postal Serv13 ice mail, or otherwise, to contact any 

14 United States worker the employer 

15 employed during the previous season 

16 in the occupation at the place of in17 tended employment for which the em18 ployer is applying for workers and has 

19 made the availability of the employer’s 

20 job opportunities in the occupation at 

21 the place of intended employment 

22 known to such previous workers, un23 less the worker was terminated from 

24 employment by the employer for a 

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1 doned the job before the worker com2 pleted the period of employment of 

3 the job opportunity for which the 

4 worker was hired. 

5 (II) FILING A JOB OFFER WITH

6 THE LOCAL OFFICE OF THE STATE

7 EMPLOYMENT SECURITY AGENCY.— 

8 Not later than 28 days before the 

9 date on which the employer desires to 

10 employ an H–2A worker in a tem11 porary or seasonal agricultural job op12 portunity, the employer shall submit a 

13 copy of the job offer described in sub14 section (a)(2) to the local office of the 

15 State workforce agency which serves 

16 the area of intended employment and 

17 authorize the posting of the job oppor18 tunity on its electronic job registry, 

19 except that nothing in this subclause 

20 shall require the employer to file an 

21 interstate job order under section 653 

22 of title 20, Code of Federal Regula23 tions. 

24 ‘‘(III) ADVERTISING OF JOB OP25 PORTUNITIES.—Not later than 14 


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1 days before the date on which the em2 ployer desires to employ an H–2A 

3 worker in a temporary or seasonal ag4 ricultural job opportunity, the em5 ployer shall advertise the availability 

6 of the job opportunities for which the 

7 employer is seeking workers in a pub8 lication in the local labor market that 

9 is likely to be patronized by potential 

10 farm workers. 

11 ‘‘(IV) EMERGENCY PROCE12 DURES.—The Secretary of Labor 

13 shall, by regulation, provide a proce14 dure for acceptance and approval of 

15 applications in which the employer 

16 has not complied with the provisions 

17 of this subparagraph because the em18 ployer’s need for H–2A workers could 

19 not reasonably have been foreseen. 

20 ‘‘(ii) JOB OFFERS.—The employer has 

21 offered or will offer the job to any eligible 

22 United States worker who applies and is 

23 equally or better qualified for the job for 

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1 immigrants are, sought and who will be 

2 available at the time and place of need. 

3 ‘‘(iii) PERIOD OF EMPLOYMENT.—The 

4 employer will provide employment to any 

5 qualified United States worker who applies 

6 to the employer during the period begin7 ning on the date on which the H–2A work8 er departs for the employer’s place of em9 ployment and ending on the date on which 

10 50 percent of the period of employment for 

11 which the H–2A worker who is in the job 

12 was hired has elapsed, subject to the fol13 lowing requirements: 

14 ‘‘(I) PROHIBITION.—No person 

15 or entity shall willfully and knowingly 

16 withhold United States workers before 

17 the arrival of H–2A workers in order 

18 to force the hiring of United States 

19 workers under this clause. 

20 ‘‘(II) COMPLAINTS.—Upon re21 ceipt of a complaint by an employer 

22 that a violation of subclause (I) has 

23 occurred, the Secretary of Labor shall 

24 immediately investigate. The Sec25 retary of Labor shall, within 36 hours 


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1 of the receipt of the complaint, issue 

2 findings concerning the alleged viola3 tion. If the Secretary of Labor finds 

4 that a violation has occurred, the Sec5 retary of Labor shall immediately sus6 pend the application of this clause 

7 with respect to that certification for 

8 that date of need. 

9 ‘‘(III) PLACEMENT OF UNITED

10 STATES WORKERS.—Before referring 

11 a United States worker to an em12 ployer during the period described in 

13 the matter preceding subclause (I), 

14 the Secretary of Labor shall make all 

15 reasonable efforts to place the United 

16 States worker in an open job accept17 able to the worker, if there are other 

18 job offers pending with the job service 

19 that offer similar job opportunities in 

20 the area of intended employment. 

21 ‘‘(iv) STATUTORY CONSTRUCTION.— 

22 Nothing in this subparagraph shall be con23 strued to prohibit an employer from using 

24 such legitimate selection criteria relevant 

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1 tomary to the type of job involved so long 

2 as such criteria are not applied in a dis3 criminatory manner. 

4 ‘‘(v) UNITED STATES WORKER.—For 

5 purpose of this subparagraph, the term 

6 ‘‘United States worker’’ means an alien de7 scribed in section 218G(14) except an alien 

8 admitted or otherwise provided status 

9 under section 101(a)(15)(Z). 

10 ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF

11 OF EMPLOYER MEMBERS.— 

12 ‘‘(1) IN GENERAL.—An agricultural association 

13 may file an application under subsection (a) on be14 half of 1 or more of its employer members that the 

15 association certifies in its application has or have 

16 agreed in writing to comply with the requirements of 

17 this section and sections 218E, 218F, and 218G. 

18 ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS

19 EMPLOYERS.—If an association filing an application 

20 under paragraph (1) is a joint or sole employer of 

21 the temporary or seasonal agricultural workers re22 quested on the application, the certifications granted 

23 under subsection (e)(2)(B) to the association may be 

24 used for the certified job opportunities of any of its 

25 producer members named on the application, and 


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1 such workers may be transferred among such pro2 ducer members to perform the agricultural services 

3 of a temporary or seasonal nature for which the cer4 tifications were granted. 

5 ‘‘(d) WITHDRAWAL OF APPLICATIONS.— 

6 ‘‘(1) IN GENERAL.—An employer may withdraw 

7 an application filed pursuant to subsection (a), ex8 cept that if the employer is an agricultural associa9 tion, the association may withdraw an application 

10 filed pursuant to subsection (a) with respect to 1 or 

11 more of its members. To withdraw an application, 

12 the employer or association shall notify the Sec13 retary of Labor in writing, and the Secretary of 

14 Labor shall acknowledge in writing the receipt of 

15 such withdrawal notice. An employer who withdraws 

16 an application under subsection (a), or on whose be17 half an application is withdrawn, is relieved of the 

18 obligations undertaken in the application. 

19 ‘‘(2) LIMITATION.—An application may not be 

20 withdrawn while any alien provided status under sec21 tion 101(a)(15)(H)(ii)(a) pursuant to such applica22 tion is employed by the employer. 

23 ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— 

24 Any obligation incurred by an employer under any 

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1 ment of United States workers or H–2A workers 

2 under an offer of terms and conditions of employ3 ment required as a result of making an application 

4 under subsection (a) is unaffected by withdrawal of 

5 such application. 

6 ‘‘(e) REVIEW AND APPROVAL OF APPLICATIONS.— 

7 ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The 

8 employer shall make available for public examina9 tion, within 1 working day after the date on which 

10 an application under subsection (a) is filed, at the 

11 employer’s principal place of business or worksite, a 

12 copy of each such application (and such accom13 panying documents as are necessary). 

14 ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF

15 LABOR.— 

16 ‘‘(A) COMPILATION OF LIST.—The Sec17 retary of Labor shall compile, on a current 

18 basis, a list (by employer and by occupational 

19 classification) of the applications filed under 

20 subsection (a). Such list shall include the wage 

21 rate, number of workers sought, period of in22 tended employment, and date of need. The Sec23 retary of Labor shall make such list available 

24 for examination in the District of Columbia. 


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1 ‘‘(B) REVIEW OF APPLICATIONS.—The 

2 Secretary of Labor shall review such an applica3 tion only for completeness and obvious inac4 curacies. Unless the Secretary of Labor finds 

5 that the application is incomplete or obviously 

6 inaccurate, the Secretary of Labor shall certify 

7 that the intending employer has filed with the 

8 Secretary of Labor an application as described 

9 in subsection (a). Such certification shall be 

10 provided within 7 days of the filing of the appli11 cation.’’ 

12 ‘‘SEC. 218D. H–2A EMPLOYMENT REQUIREMENTS. 

13 ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS PRO14 HIBITED.—Employers seeking to hire United States work15 ers shall offer the United States workers no less than the 

16 same benefits, wages, and working conditions that the em17 ployer is offering, intends to offer, or will provide to H– 

18 2A workers. Conversely, no job offer may impose on 

19 United States workers any restrictions or obligations 

20 which will not be imposed on the employer’s H–2A work21 ers. 

22 ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORKING

23 CONDITIONS.—Except in cases where higher benefits, 

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1 ployed United States workers from adverse effects with 

2 respect to benefits, wages, and working conditions, every 

3 job offer which shall accompany an application under sec4 tion 218C(b)(2) shall include each of the following benefit, 

5 wage, and working condition provisions: 

6 ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A

7 HOUSING ALLOWANCE.— 

8 ‘‘(A) IN GENERAL.—An employer applying 

9 under section 218C(a) for H–2A workers shall 

10 offer to provide housing at no cost to all work11 ers in job opportunities for which the employer 

12 has applied under that section and to all other 

13 workers in the same occupation at the place of 

14 employment, whose place of residence is beyond 

15 normal commuting distance. 

16 ‘‘(B) TYPE OF HOUSING.—In complying 

17 with subparagraph (A), an employer may, at 

18 the employer’s election, provide housing that 

19 meets applicable Federal standards for tem20 porary labor camps or secure housing that 

21 meets applicable local standards for rental or 

22 public accommodation housing or other sub23 stantially similar class of habitation, or in the 

24 absence of applicable local standards, State 

25 standards for rental or public accommodation 


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1 housing or other substantially similar class of 

2 habitation. In the absence of applicable local or 

3 State standards, Federal temporary labor camp 

4 standards shall apply. 

5 ‘‘(C) FAMILY HOUSING.—If it is the pre6 vailing practice in the occupation and area of 

7 intended employment to provide family housing, 

8 family housing shall be provided to workers 

9 with families who request it. 

10 ‘‘(D) WORKERS ENGAGED IN THE RANGE

11 PRODUCTION OF LIVESTOCK.—The Secretary of 

12 Labor shall issue regulations that address the 

13 specific requirements for the provision of hous14 ing to workers engaged in the range production 

15 of livestock. 

16 ‘‘(E) LIMITATION.—Nothing in this para17 graph shall be construed to require an employer 

18 to provide or secure housing for persons who 

19 were not entitled to such housing under the 

20 temporary labor certification regulations in ef21 fect on June 1, 1986. 

22 ‘‘(F) CHARGES FOR HOUSING.— 

23 ‘‘(i) CHARGES FOR PUBLIC HOUS24 ING.—If public housing provided for mi25 grant agricultural workers under the ausVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 pices of a local, county, or State govern2 ment is secured by an employer, and use of 

3 the public housing unit normally requires 

4 charges from migrant workers, such 

5 charges shall be paid by the employer di6 rectly to the appropriate individual or enti7 ty affiliated with the housing’s manage8 ment. 

9 ‘‘(ii) DEPOSIT CHARGES.—Charges in 

10 the form of deposits for bedding or other 

11 similar incidentals related to housing shall 

12 not be levied upon workers by employers 

13 who provide housing for their workers. An 

14 employer may require a worker found to 

15 have been responsible for damage to such 

16 housing which is not the result of normal 

17 wear and tear related to habitation to re18 imburse the employer for the reasonable 

19 cost of repair of such damage. 

20 ‘‘(G) HOUSING ALLOWANCE AS ALTER21 NATIVE.— 

22 ‘‘(i) IN GENERAL.—If the requirement 

23 set out in clause (ii) is satisfied, the em24 ployer may provide a reasonable housing 

25 allowance instead of offering housing 


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1 under subparagraph (A). Upon the request 

2 of a worker seeking assistance in locating 

3 housing, the employer shall make a good 

4 faith effort to assist the worker in identi5 fying and locating housing in the area of 

6 intended employment. An employer who of7 fers a housing allowance to a worker, or 

8 assists a worker in locating housing which 

9 the worker occupies, pursuant to this 

10 clause shall not be deemed a housing pro11 vider under section 203 of the Migrant and 

12 Seasonal Agricultural Worker Protection 

13 Act (29 U.S.C. 1823) solely by virtue of 

14 providing such housing allowance. No 

15 housing allowance may be used for housing 

16 which is owned or controlled by the em17 ployer. 

18 ‘‘(ii) CERTIFICATION.—The require19 ment of this clause is satisfied if the Gov20 ernor of the State certifies to the Secretary 

21 of Labor that there is adequate housing 

22 available in the area of intended employ23 ment for migrant farm workers and H–2A 

24 workers who are seeking temporary hous25 ing while employed in agricultural work. 


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1 Such certification shall expire after 3 years 

2 unless renewed by the Governor of the 

3 State. 

4 ‘‘(iii) AMOUNT OF ALLOWANCE.— 

5 ‘‘(I) NONMETROPOLITAN COUN6 TIES.—If the place of employment of 

7 the workers provided an allowance 

8 under this subparagraph is a non9 metropolitan county, the amount of 

10 the housing allowance under this sub11 paragraph shall be equal to the state12 wide average fair market rental for 

13 existing housing for nonmetropolitan 

14 counties for the State, as established 

15 by the Secretary of Housing and 

16 Urban Development pursuant to sec17 tion 8(c) of the United States Hous18 ing Act of 1937 (42 U.S.C. 1437f(c)), 

19 based on a 2-bedroom dwelling unit 

20 and an assumption of 2 persons per 

21 bedroom. 

22 ‘‘(II) METROPOLITAN COUN23 TIES.—If the place of employment of 

24 the workers provided an allowance 

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1 politan county, the amount of the 

2 housing allowance under this subpara3 graph shall be equal to the statewide 

4 average fair market rental for existing 

5 housing for metropolitan counties for 

6 the State, as established by the Sec7 retary of Housing and Urban Devel8 opment pursuant to section 8(c) of 

9 the United States Housing Act of 

10 1937 (42 U.S.C. 1437f(c)), based on 

11 a 2-bedroom dwelling unit and an as12 sumption of 2 persons per bedroom. 

13 ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— 

14 ‘‘(A) TO PLACE OF EMPLOYMENT.—A 

15 worker who completes 50 percent of the period 

16 of employment of the job opportunity for which 

17 the worker was hired shall be reimbursed by the 

18 employer for the cost of the worker’s transpor19 tation and subsistence from the place from 

20 which the worker came to work for the em21 ployer (or place of last employment, if the 

22 worker traveled from such place) to the place of 

23 employment. 

24 ‘‘(B) FROM PLACE OF EMPLOYMENT.—A 

25 worker who completes the period of employment 


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1 for the job opportunity involved shall be reim2 bursed by the employer for the cost of the 

3 worker’s transportation and subsistence from 

4 the place of employment to the place from 

5 which the worker, disregarding intervening em6 ployment, came to work for the employer, or to 

7 the place of next employment, if the worker has 

8 contracted with a subsequent employer who has 

9 not agreed to provide or pay for the worker’s 

10 transportation and subsistence to such subse11 quent employer’s place of employment. 

12 ‘‘(C) LIMITATION.— 

13 ‘‘(i) AMOUNT OF REIMBURSEMENT.— 

14 Except as provided in clause (ii), the 

15 amount of reimbursement provided under 

16 subparagraph (A) or (B) to a worker or 

17 alien shall not exceed the lesser of— 

18 ‘‘(I) the actual cost to the worker 

19 or alien of the transportation and sub20 sistence involved; or 

21 ‘‘(II) the most economical and 

22 reasonable common carrier transpor23 tation charges and subsistence costs 

24 for the distance involved. 


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1 ‘‘(ii) DISTANCE TRAVELED.—No reim2 bursement under subparagraph (A) or (B) 

3 shall be required if the distance traveled is 

4 100 miles or less, or the worker is not re5 siding in employer-provided housing or 

6 housing secured through an allowance as 

7 provided in paragraph (1)(G). 

8 ‘‘(D) EARLY TERMINATION.—If the worker 

9 is laid off or employment is terminated for con10 tract impossibility (as described in paragraph 

11 (4)(D)) before the anticipated ending date of 

12 employment, the employer shall provide the 

13 transportation and subsistence required by sub14 paragraph (B) and, notwithstanding whether 

15 the worker has completed 50 percent of the pe16 riod of employment, shall provide the transpor17 tation reimbursement required by subparagraph 

18 (A). 

19 ‘‘(E) TRANSPORTATION BETWEEN LIVING

20 QUARTERS AND WORKSITE.—The employer 

21 shall provide transportation between the work22 er’s living quarters and the employer’s worksite 

23 without cost to the worker, and such transpor24 tation will be in accordance with applicable laws 

25 and regulations. 


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1 ‘‘(3) REQUIRED WAGES.— 

2 ‘‘(A) IN GENERAL.—An employer applying 

3 for workers under section 218C(a) shall offer to 

4 pay, and shall pay, all workers in the occupa5 tion for which the employer has applied for 

6 workers, not less (and is not required to pay 

7 more) than the greater of the prevailing wage 

8 in the occupation in the area of intended em9 ployment or the adverse effect wage rate. No 

10 worker shall be paid less than the greater of the 

11 hourly wage prescribed under section 6(a)(1) of 

12 the Fair Labor Standards Act of 1938 (29 

13 U.S.C. 206(a)(1)) or the applicable State min14 imum wage. 

15 ‘‘(B) LIMITATION.—Effective on the date 

16 of the enactment of the Agricultural Job Op17 portunities, Benefits, and Security Act of 2007 

18 and continuing for 3 years thereafter, no ad19 verse effect wage rate for a State may be more 

20 than the adverse effect wage rate for that State 

21 in effect on January 1, 2003, as established by 

22 section 655.107 of title 20, Code of Federal 

23 Regulations. 

24 ‘‘(C) REQUIRED WAGES AFTER 3-YEAR

25 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 

and over and above the 3 8 ⁄4 guarantee de9 scribed 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, 2009, 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 workforce 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) Four representatives of agri11 cultural employers and 1 representa12 tive of the Department of Agriculture, 

13 each appointed by the Secretary of 

14 Agriculture. 

15 ‘‘(II) Four representatives of ag16 ricultural workers and 1 representa17 tive of the Department of Labor, each 

18 appointed 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) The Commission may for the 

4 purpose of carrying out this section, hold 

5 such hearings, sit and act at such times 

6 and places, take such testimony, and re7 ceive such evidence as the Commission con8 siders appropriate. 

9 ‘‘(v) INTERIM REPORT.—The Commis10 sion shall issue an interim report, pub11 lished in the Federal Register, with oppor12 tunity and comment, for a period of at 

13 least 90 days. 

14 ‘‘(vi) FINAL REPORT.—After consid15 ering recommendations from interested 

16 persons (including an opportunity for com17 ment from the public and affected States), 

18 the Commission shall submit a report to 

19 the Congress setting forth the findings of 

20 the study conducted under clause (iii) not 

21 later than December 31, 2009. 

22 ‘‘(vii) TERMINATION DATE.—The 

23 Commission shall terminate upon submit24 ting its final report. 

25 ‘‘(4) GUARANTEE OF EMPLOYMENT.— 


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1 ‘‘(A) OFFER TO WORKER.—The employer 

2 shall guarantee to offer the worker employment 

for the hourly equivalent of at least 3 3 ⁄4 of the 

4 work days of the total period of employment, 

5 beginning with the first work day after the ar6 rival of the worker at the place of employment 

7 and ending on the expiration date specified in 

8 the job offer. For purposes of this subpara9 graph, the hourly equivalent means the number 

10 of hours in the work days as stated in the job 

11 offer and shall exclude the worker’s Sabbath 

12 and Federal holidays. If the employer affords 

13 the United States or H–2A worker less employ14 ment than that required under this paragraph, 

15 the employer shall pay such worker the amount 

16 which the worker would have earned had the 

17 worker, in fact, worked for the guaranteed 

18 number of hours. 

19 ‘‘(B) FAILURE TO WORK.—Any hours 

20 which the worker fails to work, up to a max21 imum of the number of hours specified in the 

22 job offer for a work day, when the worker has 

23 been offered an opportunity to do so, and all 

24 hours of work actually performed (including vol25 untary work in excess of the number of hours 


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1 specified in the job offer in a work day, on the 

2 worker’s Sabbath, or on Federal holidays) may 

3 be counted by the employer in calculating 

4 whether the period of guaranteed employment 

5 has been met. 

6 ‘‘(C) ABANDONMENT OF EMPLOYMENT, 

7 TERMINATION FOR CAUSE.—If the worker vol8 untarily abandons employment before the end 

9 of the contract period, or is terminated for 

cause, the worker is not entitled to the ‘3 10 ⁄4

11 guarantee’ described in subparagraph (A). 

12 ‘‘(D) CONTRACT IMPOSSIBILITY.—If, be13 fore the expiration of the period of employment 

14 specified in the job offer, the services of the 

15 worker are no longer required for reasons be16 yond the control of the employer due to any 

17 form of natural disaster, including a flood, hur18 ricane, freeze, earthquake, fire, drought, plant 

19 or animal disease or pest infestation, or regu20 latory drought, before the guarantee in sub21 paragraph (A) is fulfilled, the employer may 

22 terminate the worker’s employment. In the 

23 event of such termination, the employer shall 

24 fulfill the employment guarantee in subpara25 graph (A) for the work days that have elapsed 


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1 from the first work day after the arrival of the 

2 worker to the termination of employment. In 

3 such cases, the employer will make efforts to 

4 transfer the United States worker to other com5 parable employment acceptable to the worker. If 

6 such transfer is not effected, the employer shall 

7 provide the return transportation required in 

8 paragraph (2)(D). 

9 ‘‘(5) MOTOR VEHICLE SAFETY.— 

10 ‘‘(A) MODE OF TRANSPORTATION SUBJECT

11 TO COVERAGE.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clauses (iii) and (iv), this sub14 section applies to any H–2A employer that 

15 uses or causes to be used any vehicle to 

16 transport an H–2A worker within the 

17 United States. 

18 ‘‘(ii) DEFINED TERM.—In this para19 graph, the term ‘uses or causes to be 

20 used’— 

21 ‘‘(I) applies only to transpor22 tation provided by an H–2A employer 

23 to an H–2A worker, or by a farm 

24 labor contractor to an H–2A worker 


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1 at the request or direction of an H– 

2 2A employer; and 

3 ‘‘(II) does not apply to— 

4 ‘‘(aa) transportation pro5 vided, or transportation arrange6 ments made, by an H–2A work7 er, unless the employer specifi8 cally requested or arranged such 

9 transportation; or 

10 ‘‘(bb) car pooling arrange11 ments made by H–2A workers 

12 themselves, using 1 of the work13 ers’ own vehicles, unless specifi14 cally requested by the employer 

15 directly or through a farm labor 

16 contractor. 

17 ‘‘(iii) CLARIFICATION.—Providing a 

18 job offer to an H–2A worker that causes 

19 the worker to travel to or from the place 

20 of employment, or the payment or reim21 bursement of the transportation costs of 

22 an H–2A worker by an H–2A employer, 

23 shall not constitute an arrangement of, or 

24 participation in, such transportation. 


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1 ‘‘(iv) AGRICULTURAL MACHINERY AND

2 EQUIPMENT EXCLUDED.—This subsection 

3 does not apply to the transportation of an 

4 H–2A worker on a tractor, combine, har5 vester, picker, or other similar machinery 

6 or equipment while such worker is actually 

7 engaged in the planting, cultivating, or 

8 harvesting of agricultural commodities or 

9 the care of livestock or poultry or engaged 

10 in transportation incidental thereto. 

11 ‘‘(v) COMMON CARRIERS EX12 CLUDED.—This subsection does not apply 

13 to common carrier motor vehicle transpor14 tation in which the provider holds itself out 

15 to the general public as engaging in the 

16 transportation of passengers for hire and 

17 holds a valid certification of authorization 

18 for such purposes from an appropriate 

19 Federal, State, or local agency. 

20 ‘‘(B) APPLICABILITY OF STANDARDS, LI21 CENSING, AND INSURANCE REQUIREMENTS.— 

22 ‘‘(i) In general.—When using, or 

23 causing to be used, any vehicle for the pur24 pose of providing transportation to which 


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1 this subparagraph applies, each employer 

2 shall— 

3 ‘‘(I) ensure that each such vehi4 cle conforms to the standards pre5 scribed by the Secretary of Labor 

6 under section 401(b) of the Migrant 

7 and Seasonal Agricultural Worker 

8 Protection Act (29 U.S.C. 1841(b)) 

9 and other applicable Federal and 

10 State safety standards; 

11 ‘‘(II) ensure that each driver has 

12 a valid and appropriate license, as 

13 provided by State law, to operate the 

14 vehicle; and 

15 ‘‘(III) have an insurance policy 

16 or a liability bond that is in effect 

17 which insures the employer against li18 ability for damage to persons or prop19 erty arising from the ownership, oper20 ation, or causing to be operated, of 

21 any vehicle used to transport any H– 

22 2A worker. 

23 ‘‘(ii) AMOUNT OF INSURANCE RE24 QUIRED.—The level of insurance required 

25 shall be determined by the Secretary of 


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1 Labor pursuant to regulations to be issued 

2 under this subsection. 

3 ‘‘(iii) EFFECT OF WORKERS’ COM4 PENSATION COVERAGE.—If the employer 

5 of any H–2A worker provides workers’ 

6 compensation coverage for such worker in 

7 the case of bodily injury or death as pro8 vided by State law, the following adjust9 ments in the requirements of subparagraph 

10 (B)(i)(III) relating to having an insurance 

11 policy or liability bond apply: 

12 ‘‘(I) No insurance policy or liabil13 ity bond shall be required of the em14 ployer, if such workers are trans15 ported only under circumstances for 

16 which there is coverage under such 

17 State law. 

18 ‘‘(II) An insurance policy or li19 ability bond shall be required of the 

20 employer for circumstances under 

21 which coverage for the transportation 

22 of such workers is not provided under 

23 such State law. 

24 ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An em25 ployer shall assure that, except as otherwise provided in 


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1 this section, the employer will comply with all applicable 

2 Federal, State, and local labor laws, including laws affect3 ing migrant and seasonal agricultural workers, with re4 spect to all United States workers and alien workers em5 ployed by the employer, except that a violation of this as6 surance shall not constitute a violation of the Migrant and 

7 Seasonal Agricultural Worker Protection Act (29 U.S.C. 

8 1801 et seq.). 

9 ‘‘(d) COPY OF JOB OFFER.—The employer shall pro10 vide to the worker, not later than the day the work com11 mences, a copy of the employer’s application and job offer 

12 described in section 218C(a), or, if the employer will re13 quire the worker to enter into a separate employment con14 tract covering the employment in question, such separate 

15 employment contract. 

16 ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.—Nothing 

17 in this section, section 218C, or section 218E shall pre18 clude the Secretary of Labor and the Secretary from con19 tinuing to apply special procedures and requirements to 

20 the admission and employment of aliens in occupations in21 volving the range production of livestock. 

22 ‘‘(f) EVIDENCE OF NONIMMIGRANT STATUS.—Each 

23 H–2A nonimmigrant shall be issued documentary evidence 

24 of nonimmigrant status, which— 


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1 ‘‘(1) shall be machine-readable, tamper-resist2 ant, and shall contain a digitized photograph and 

3 other biometric identifiers that can be authenticated; 

4 ‘‘(2) shall, during the alien’s authorized period 

5 of admission as an H–2A nonimmigrant, serve as a 

6 valid entry document for the purpose of applying for 

7 admission to the United States— 

8 ‘‘(A) instead of a passport and visa if the 

9 alien— 

10 ‘‘(i) is a national of a foreign territory 

11 contiguous to the United States; and 

12 ‘‘(ii) is applying for admission at a 

13 land border port of entry; or 

14 ‘‘(B) in conjunction with a valid passport, 

15 if the alien is applying for admission at an air 

16 or sea port of entry; 

17 ‘‘(3) may be accepted during the period of its 

18 validity by an employer as evidence of employment 

19 authorization and identity under section 

20 274A(b)(1)(B); and 

21 ‘‘(4) shall be issued to the H–2A nonimmigrant 

22 by the Secretary promptly after such alien’s admis23 sion to the United States as an H–2A nonimmigrant 

24 and reporting to the employer’s worksite under or, 

25 at the discretion of the Secretary, may be issued by 


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1 the Secretary of State at a consulate instead of a 

2 visa. 

3 ‘‘SEC. 218E. PROCEDURE FOR ADMISSION AND EXTENSION 

4 OF STAY OF H–2A WORKERS. 

5 ‘‘(a) PETITIONING FOR ADMISSION.—An employer, 

6 or an association acting as an agent or joint employer for 

7 its members, that seeks the admission into the United 

8 States of an H–2A worker may file a petition with the 

9 Secretary. The petition shall be accompanied by an accept10 ed and currently valid certification provided by the Sec11 retary of Labor under section 218C(e)(2)(B) covering the 

12 petitioner. 

13 ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC14 RETARY.—The Secretary shall establish a procedure for 

15 expedited adjudication of petitions filed under subsection 

16 (a) and within 7 working days shall, by fax, cable, or other 

17 means assuring expedited delivery, transmit a copy of no18 tice of action on the petition to the petitioner and, in the 

19 case of approved petitions, to the appropriate immigration 

20 officer at the port of entry or United States consulate (as 

21 the case may be) where the petitioner has indicated that 

22 the alien beneficiary (or beneficiaries) will apply for a visa 

23 or admission to the United States. 

24 ‘‘(c) CRITERIA FOR ADMISSIBILITY.— 


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1 ‘‘(1) IN GENERAL.—An H–2A worker shall be 

2 considered admissible to the United States if the 

3 alien is otherwise admissible under this section, sec4 tion 218C, and section 218D, and the alien is not 

5 ineligible under paragraph (2). 

6 ‘‘(2) DISQUALIFICATION.—An alien shall be 

7 considered inadmissible to the United States and in8 eligible for nonimmigrant status under section 

9 101(a)(15)(H)(ii)(a) if the alien has, at any time 

10 during the past 5 years— 

11 ‘‘(A) violated a material provision of this 

12 section, including the requirement to promptly 

13 depart the United States when the alien’s au14 thorized period of admission under this section 

15 has expired; or 

16 ‘‘(B) otherwise violated a term or condition 

17 of admission into the United States as a non18 immigrant, including overstaying the period of 

19 authorized admission as such a nonimmigrant. 

20 ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW21 FUL PRESENCE.— 

22 ‘‘(A) IN GENERAL.—An alien who has not 

23 previously been admitted into the United States 

24 pursuant to this section, and who is otherwise 

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1 graphs (1) and (2), shall not be deemed inad2 missible by virtue of section 212(a)(9)(B). If an 

3 alien described in the preceding sentence is 

4 present in the United States, the alien may 

5 apply from abroad for H–2A status, but may 

6 not be granted that status in the United States. 

7 ‘‘(B) MAINTENANCE OF WAIVER.—An 

8 alien provided an initial waiver of ineligibility 

9 pursuant to subparagraph (A) shall remain eli10 gible for such waiver unless the alien violates 

11 the terms of this section or again becomes ineli12 gible under section 212(a)(9)(B) by virtue of 

13 unlawful presence in the United States after 

14 the date of the initial waiver of ineligibility pur15 suant to subparagraph (A). 

16 ‘‘(d) PERIOD OF ADMISSION.— 

17 ‘‘(1) IN GENERAL.—The alien shall be admitted 

18 for the period of employment in the application cer19 tified by the Secretary of Labor pursuant to section 

20 218C(e)(2)(B), not to exceed 10 months except as 

21 specified in paragraph (2), supplemented by a period 

22 of not more than 1 week before the beginning of the 

23 period of employment for the purpose of travel to 

24 the worksite and a period of 14 days following the 

25 period of employment for the purpose of departure 


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1 or extension based on a subsequent offer of employ2 ment, except that— 

3 ‘‘(A) the alien is not authorized to be em4 ployed during such 14-day period except in the 

5 employment for which the alien was previously 

6 authorized; and 

7 ‘‘(B) the total period of employment, in8 cluding such 14-day period, may not exceed 10 

9 months. 

10 ‘‘(2) CONSTRUCTION.—Nothing in this sub11 section shall limit the authority of the Secretary to 

12 extend the stay of the alien under any other provi13 sion of this Act. 

14 ‘‘(e) ABANDONMENT OF EMPLOYMENT.— 

15 ‘‘(1) IN GENERAL.—An alien admitted or pro16 vided status under section 101(a)(15)(H)(ii)(a) who 

17 abandons the employment which was the basis for 

18 such admission or status shall be considered to have 

19 failed to maintain nonimmigrant status as an H–2A 

20 worker and shall depart the United States or be sub21 ject to removal under section 237(a)(1)(C)(i). 

22 ‘‘(2) REPORT BY EMPLOYER.—The employer, or 

23 association acting as agent for the employer, shall 

24 notify the Secretary not later than 7 days after an 

25 H–2A worker prematurely abandons employment. 


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1 ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec2 retary shall promptly remove from the United States 

3 any H–2A worker who violates any term or condi4 tion of the worker’s nonimmigrant status. 

5 ‘‘(4) VOLUNTARY TERMINATION.—Notwith6 standing paragraph (1), an alien may voluntarily 

7 terminate his or her employment if the alien prompt8 ly departs the United States upon termination of 

9 such employment. 

10 ‘‘(f) REPLACEMENT OF ALIEN.— 

11 ‘‘(1) IN GENERAL.—Upon presentation of the 

12 notice to the Secretary required by subsection (e)(2), 

13 the Secretary of State shall promptly issue a visa to, 

14 and the Secretary shall admit into the United 

15 States, an eligible alien designated by the employer 

16 to replace an H–2A worker— 

17 ‘‘(A) who abandons or prematurely termi18 nates employment; or 

19 ‘‘(B) whose employment is terminated 

20 after a United States worker is employed pur21 suant to section 218C(b)(2)(H)(iii), if the 

22 United States worker voluntarily departs before 

23 the end of the period of intended employment 

24 or if the employment termination is for a lawful 

25 job-related reason. 


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1 ‘‘(2) CONSTRUCTION.—Nothing in this sub2 section is intended to limit any preference required 

3 to be accorded United States workers under any 

4 other provision of this Act. 

5 ‘‘(g) IDENTIFICATION DOCUMENT.— 

6 ‘‘(1) IN GENERAL.—Each alien authorized to be 

7 admitted under section 101(a)(15)(H)(ii)(a) shall be 

8 provided an identification and employment eligibility 

9 document to verify eligibility for employment in the 

10 United States and verify the alien’s identity. 

11 ‘‘(2) REQUIREMENTS.—No identification and 

12 employment eligibility document may be issued 

13 which does not meet the following requirements: 

14 ‘‘(A) The document shall be capable of re15 liably determining whether— 

16 ‘‘(i) the individual with the identifica17 tion and employment eligibility document 

18 whose eligibility is being verified is in fact 

19 eligible for employment; 

20 ‘‘(ii) the individual whose eligibility is 

21 being verified is claiming the identity of 

22 another person; and 

23 ‘‘(iii) the individual whose eligibility is 

24 being verified is authorized to be admitted 


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1 into, and employed in, the United States 

2 as an H–2A worker. 

3 ‘‘(B) The document shall be in a form that 

4 is resistant to counterfeiting and to tampering. 

5 ‘‘(C) The document shall— 

6 ‘‘(i) be compatible with other data7 bases of the Secretary for the purpose of 

8 excluding aliens from benefits for which 

9 they are not eligible and determining 

10 whether the alien is unlawfully present in 

11 the United States; and 

12 ‘‘(ii) be compatible with law enforce13 ment databases to determine if the alien 

14 has been convicted of criminal offenses. 

15 ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN THE

16 UNITED STATES.— 

17 ‘‘(1) EXTENSION OF STAY.—If an employer 

18 seeks approval to employ an H–2A alien who is law19 fully present in the United States, the petition filed 

20 by the employer or an association pursuant to sub21 section (a), shall request an extension of the alien’s 

22 stay and a change in the alien’s employment. 

23 ‘‘(2) LIMITATION ON FILING A PETITION FOR

24 EXTENSION OF STAY.—A petition may not be filed 

25 for an extension of an alien’s stay to a date that is 


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1 more than 10 months after the date of the alien’s 

2 last admission to the United States under this sec3 tion. 

4 ‘‘(3) WORK AUTHORIZATION UPON FILING A

5 PETITION FOR EXTENSION OF STAY.— 

6 ‘‘(A) IN GENERAL.—An alien who is law7 fully present in the United States may com8 mence the employment described in a petition 

9 under paragraph (1) on the date on which the 

10 petition is filed. 

11 ‘‘(B) DEFINITION.—For purposes of sub12 paragraph (A), the term ‘file’ means sending 

13 the petition by certified mail via the United 

14 States Postal Service, return receipt requested, 

15 or delivered by guaranteed commercial delivery 

16 which will provide the employer with a docu17 mented acknowledgment of the date of receipt 

18 of the petition. 

19 ‘‘(C) HANDLING OF PETITION.—The em20 ployer shall provide a copy of the employer’s pe21 tition to the alien, who shall keep the petition 

22 with the alien’s identification and employment 

23 eligibility document as evidence that the peti24 tion has been filed and that the alien is author25 ized to work in the United States. 


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1 ‘‘(D) APPROVAL OF PETITION.—Upon ap2 proval of a petition for an extension of stay or 

3 change in the alien’s authorized employment, 

4 the Secretary shall provide a new or updated 

5 employment eligibility document to the alien in6 dicating the new validity date, after which the 

7 alien is not required to retain a copy of the pe8 tition. 

9 ‘‘(4) LIMITATION ON AN INDIVIDUAL’S STAY IN

10 STATUS.— 

11 ‘‘(A) MAXIMUM PERIOD.—The maximum 

12 continuous period of authorized status as an 

13 H–2A worker (including any extensions), other 

14 than a worker admitted pursuant to subsection 

15 (d)(2), is 10 months. 

16 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

17 THE UNITED STATES.— 

18 ‘‘(i) IN GENERAL.—Subject to clause 

19 (ii), in the case of an alien outside the 

20 United States whose period of authorized 

21 status as an H–2A worker (including any 

22 extensions) has expired, the alien may not 

23 again apply for admission to the United 

24 States as an H–2A worker unless the alien 

25 has remained outside the United States for 


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a continuous period equal to at least 1 1 ⁄5

2 the duration of the alien’s previous period 

3 of authorized status as an H–2A worker 

4 (including any extensions). 

5 ‘‘(ii) EXCEPTION.—Clause (i) shall 

6 not apply in the case of an alien if the 

7 alien’s period of authorized status as an 

8 H–2A worker (including any extensions) 

9 was for a period of not more than 10 

10 months and such alien has been outside 

11 the United States for at least 2 months 

12 during the 12 months preceding the date 

13 the alien again is applying for admission to 

14 the United States as an H–2A worker. 

15 ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED AS

16 DAIRY WORKERS.—Notwithstanding any provision of this 

17 Act, an alien admitted under section 101(a)(15)(H)(ii)(a) 

18 for employment as a dairy worker— 

19 ‘‘(1) may be admitted for a period of up to 3 

20 years; 

21 ‘‘(2) may not be extended beyond 3 years; and 

22 ‘‘(3) shall not be subject to the requirements of 

23 subsection (h)(4). 


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1 ‘‘SEC. 218F. WORKER PROTECTIONS AND LABOR STAND2 ARDS ENFORCEMENT. 

3 ‘‘(a) ENFORCEMENT AUTHORITY.— 

4 ‘‘(1) INVESTIGATION OF COMPLAINTS.— 

5 ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

6 COMPLAINTS.—The Secretary of Labor shall es7 tablish a process for the receipt, investigation, 

8 and disposition of complaints respecting a peti9 tioner’s failure to meet a condition specified in 

10 section 218C(b), or an employer’s misrepresen11 tation of material facts in an application under 

12 section 218C(a). Complaints may be filed by 

13 any aggrieved person or organization (including 

14 bargaining representatives). No investigation or 

15 hearing shall be conducted on a complaint con16 cerning such a failure or misrepresentation un17 less the complaint was filed not later than 12 

18 months after the date of the failure, or mis19 representation, respectively. The Secretary of 

20 Labor shall conduct an investigation under this 

21 subparagraph if there is reasonable cause to be22 lieve that such a failure or misrepresentation 

23 has occurred. 

24 ‘‘(B) DETERMINATION ON COMPLAINT.— 

25 Under such process, the Secretary of Labor 

26 shall provide, within 30 days after the date 


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1 such a complaint is filed, for a determination as 

2 to whether or not a reasonable basis exists to 

3 make a finding described in subparagraph (C), 

4 (D), (E), or (G). If the Secretary of Labor de5 termines that such a reasonable basis exists, 

6 the Secretary of Labor shall provide for notice 

7 of such determination to the interested parties 

8 and an opportunity for a hearing on the com9 plaint, in accordance with section 556 of title 5, 

10 United States Code, within 60 days after the 

11 date of the determination. If such a hearing is 

12 requested, the Secretary of Labor shall make a 

13 finding concerning the matter not later than 60 

14 days after the date of the hearing. In the case 

15 of similar complaints respecting the same appli16 cant, the Secretary of Labor may consolidate 

17 the hearings under this subparagraph on such 

18 complaints. 

19 ‘‘(C) FAILURES TO MEET CONDITIONS.—If 

20 the Secretary of Labor finds, after notice and 

21 opportunity for a hearing, a failure to meet a 

22 condition of paragraph (1)(A), (1)(B), (1)(D), 

23 (1)(F), (2)(A), (2)(B), or (2)(G) of section 

24 218C(b), a substantial failure to meet a condi25 tion of paragraph (1)(C), (1)(E), (2)(C), 


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1 (2)(D), (2)(E), or (2)(H) of section 218C(b), or 

2 a material misrepresentation of fact in an appli3 cation under section 218C(a)— 

4 ‘‘(i) the Secretary of Labor shall no5 tify the Secretary of such finding and may, 

6 in addition, impose such other administra7 tive remedies (including civil money pen8 alties in an amount not to exceed $1,000 

9 per violation) as the Secretary of Labor 

10 determines to be appropriate; and 

11 ‘‘(ii) the Secretary may disqualify the 

12 employer from the employment of aliens 

13 described in section 101(a)(15)(H)(ii)(a) 

14 for a period of 1 year. 

15 ‘‘(D) WILLFUL FAILURES AND WILLFUL

16 MISREPRESENTATIONS.—If the Secretary of 

17 Labor finds, after notice and opportunity for 

18 hearing, a willful failure to meet a condition of 

19 section 218C(b), a willful misrepresentation of 

20 a material fact in an application under section 

21 218C(a), or a violation of subsection (d)(1)— 

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 $5,000 

2 per violation) as the Secretary of Labor 

3 determines to be appropriate; 

4 ‘‘(ii) the Secretary of Labor may seek 

5 appropriate legal or equitable relief to ef6 fectuate the purposes of subsection (d)(1); 

7 and 

8 ‘‘(iii) the Secretary may disqualify the 

9 employer from the employment of H–2A 

10 workers for a period of 2 years. 

11 ‘‘(E) DISPLACEMENT OF UNITED STATES

12 WORKERS.—If the Secretary of Labor finds, 

13 after notice and opportunity for hearing, a will14 ful failure to meet a condition of section 

15 218C(b) or a willful misrepresentation of a ma16 terial fact in an application under section 

17 218C(a), in the course of which failure or mis18 representation the employer displaced a United 

19 States worker employed by the employer during 

20 the period of employment on the employer’s ap21 plication under section 218C(a) or during the 

22 period of 30 days preceding such period of em23 ployment— 

24 ‘‘(i) the Secretary of Labor shall no25 tify the Secretary of such finding and may, 


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1 in addition, impose such other administra2 tive remedies (including civil money pen3 alties in an amount not to exceed $15,000 

4 per violation) as the Secretary of Labor 

5 determines to be appropriate; and 

6 ‘‘(ii) the Secretary may disqualify the 

7 employer from the employment of H–2A 

8 workers for a period of 3 years. 

9 ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN10 ALTIES.—The Secretary of Labor shall not im11 pose total civil money penalties with respect to 

12 an application under section 218C(a) in excess 

13 of $90,000. 

14 ‘‘(G) FAILURES TO PAY WAGES OR RE15 QUIRED BENEFITS.—If the Secretary of Labor 

16 finds, after notice and opportunity for a hear17 ing, that the employer has failed to pay the 

18 wages, or provide the housing allowance, trans19 portation, subsistence reimbursement, or guar20 antee of employment, required under section 

21 218D(b), the Secretary of Labor shall assess 

22 payment of back wages, or other required bene23 fits, due any United States worker or H–2A 

24 worker employed by the employer in the specific 

25 employment in question. The back wages or 


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1 other required benefits under section 218D(b) 

2 shall be equal to the difference between the 

3 amount that should have been paid and the 

4 amount that actually was paid to such worker. 

5 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in 

6 this section shall be construed as limiting the au7 thority of the Secretary of Labor to conduct any 

8 compliance investigation under any other labor law, 

9 including any law affecting migrant and seasonal ag10 ricultural workers, or, in the absence of a complaint 

11 under this section, under section 218C or 218D. 

12 ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE RIGHT OF

13 ACTION.—H–2A workers may enforce the following rights 

14 through the private right of action provided in subsection 

15 (c), and no other right of action shall exist under Federal 

16 or State law to enforce such rights: 

17 ‘‘(1) The providing of housing or a housing al18 lowance as required under section 218D(b)(1). 

19 ‘‘(2) The reimbursement of transportation as 

20 required under section 218D(b)(2). 

21 ‘‘(3) The payment of wages required under sec22 tion 218D(b)(3) when due. 

23 ‘‘(4) The benefits and material terms and con24 ditions of employment expressly provided in the job 

25 offer described in section 218C(a)(2), not including 


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1 the assurance to comply with other Federal, State, 

2 and local labor laws described in section 218D(c), 

3 compliance with which shall be governed by the pro4 visions of such laws. 

5 ‘‘(5) The guarantee of employment required 

6 under section 218D(b)(4). 

7 ‘‘(6) The motor vehicle safety requirements 

8 under section 218D(b)(5). 

9 ‘‘(7) The prohibition of discrimination under 

10 subsection (d)(2). 

11 ‘‘(c) PRIVATE RIGHT OF ACTION.— 

12 ‘‘(1) MEDIATION.—Upon the filing of a com13 plaint by an H–2A worker aggrieved by a violation 

14 of rights enforceable under subsection (b), and with15 in 60 days of the filing of proof of service of the 

16 complaint, a party to the action may file a request 

17 with the Federal Mediation and Conciliation Service 

18 to assist the parties in reaching a satisfactory reso19 lution of all issues involving all parties to the dis20 pute. Upon a filing of such request and giving of no21 tice to the parties, the parties shall attempt medi22 ation within the period specified in subparagraph 

23 (B). 

24 ‘‘(A) MEDIATION SERVICES.—The Federal 

25 Mediation and Conciliation Service shall be 


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1 available to assist in resolving disputes arising 

2 under subsection (b) between H–2A workers 

3 and agricultural employers without charge to 

4 the parties. 

5 ‘‘(B) 90-DAY LIMIT.—The Federal Medi6 ation and Conciliation Service may conduct me7 diation or other nonbinding dispute resolution 

8 activities for a period not to exceed 90 days be9 ginning on the date on which the Federal Medi10 ation and Conciliation Service receives the re11 quest for assistance unless the parties agree to 

12 an extension of this period of time. 

13 ‘‘(C) AUTHORIZATION.— 

14 ‘‘(i) IN GENERAL.—Subject to clause 

15 (ii), there are authorized to be appro16 priated to the Federal Mediation and Con17 ciliation Service $500,000 for each fiscal 

18 year to carry out this section. 

19 ‘‘(ii) MEDIATION.—Notwithstanding 

20 any other provision of law, the Director of 

21 the Federal Mediation and Conciliation 

22 Service is authorized to conduct the medi23 ation or other dispute resolution activities 

24 from any other appropriated funds avail25 able to the Director and to reimburse such 


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1 appropriated funds when the funds are ap2 propriated pursuant to this authorization, 

3 such reimbursement to be credited to ap4 propriations currently available at the time 

5 of receipt. 

6 ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS7 TRICT COURT BY AGGRIEVED PERSON.—An H–2A 

8 worker aggrieved by a violation of rights enforceable 

9 under subsection (b) by an agricultural employer or 

10 other person may file suit in any district court of the 

11 United States having jurisdiction over the parties, 

12 without regard to the amount in controversy, with13 out regard to the citizenship of the parties, and 

14 without regard to the exhaustion of any alternative 

15 administrative remedies under this Act, not later 

16 than 3 years after the date the violation occurs. 

17 ‘‘(3) ELECTION.—An H–2A worker who has 

18 filed an administrative complaint with the Secretary 

19 of Labor may not maintain a civil action under 

20 paragraph (2) unless a complaint based on the same 

21 violation filed with the Secretary of Labor under 

22 subsection (a)(1) is withdrawn before the filing of 

23 such action, in which case the rights and remedies 

24 available under this subsection shall be exclusive. 


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1 ‘‘(4) PREEMPTION OF STATE CONTRACT

2 RIGHTS.—Nothing in this Act shall be construed to 

3 diminish the rights and remedies of an H–2A worker 

4 under any other Federal or State law or regulation 

5 or under any collective bargaining agreement, except 

6 that no court or administrative action shall be avail7 able under any State contract law to enforce the 

8 rights created by this Act. 

9 ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree10 ments by employees purporting to waive or modify 

11 their rights under this Act shall be void as contrary 

12 to public policy, except that a waiver or modification 

13 of the rights or obligations in favor of the Secretary 

14 of Labor shall be valid for purposes of the enforce15 ment of this Act. The preceding sentence may not 

16 be construed to prohibit agreements to settle private 

17 disputes or litigation. 

18 ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI19 TABLE RELIEF.— 

20 ‘‘(A) If the court finds that the respondent 

21 has intentionally violated any of the rights en22 forceable under subsection (b), it shall award 

23 actual damages, if any, or equitable relief. 


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1 ‘‘(B) Any civil action brought under this 

2 section shall be subject to appeal as provided in 

3 chapter 83 of title 28, United States Code. 

4 ‘‘(C) In determining the amount of dam5 ages to be awarded under subparagraph (A), 

6 the court is authorized to consider whether an 

7 attempt was made to resolve the issues in dis8 pute before the resort to litigation. 

9 ‘‘(7) WORKERS’ COMPENSATION BENEFITS.— 

10 ‘‘(A) EXCLUSIVE REMEDY.—Notwith11 standing any other provision of this section, 

12 where a State’s workers’ compensation law is 

13 applicable and coverage is provided for an H– 

14 2A worker, the workers’ compensation benefits 

15 shall be the exclusive remedy for the loss of 

16 such worker under this section in the case of 

17 bodily injury or death in accordance with such 

18 State’s workers’ compensation law. 

19 ‘‘(B) RELATIONSHIP TO OTHER RELIEF.— 

20 The exclusive remedy prescribed in subpara21 graph (A) precludes the recovery under para22 graph (6) of actual damages for loss from an 

23 injury or death but does not preclude other eq24 uitable relief, except that such relief shall not 

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1 rectly or indirectly, expand or otherwise alter or 

2 affect— 

3 ‘‘(i) a recovery under a State workers’ 

4 compensation law; or 

5 ‘‘(ii) rights conferred under a State 

6 workers’ compensation law. 

7 ‘‘(C) CONSIDERATIONS.—In determining 

8 the amount of damages to be awarded under 

9 subparagraph (A), a court may consider wheth10 er an attempt was made to resolve the issues in 

11 dispute prior to resorting to litigation. 

12 ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— 

13 If it is determined under a State workers’ compensa14 tion law that the workers’ compensation law is not 

15 applicable to a claim for bodily injury or death of an 

16 H–2A worker, the statute of limitations for bringing 

17 an action for actual damages for such injury or 

18 death under subsection (c) shall be tolled for the pe19 riod during which the claim for such injury or death 

20 under such State workers’ compensation law was 

21 pending. The statute of limitations for an action for 

22 actual damages or other equitable relief arising out 

23 of the same transaction or occurrence as the injury 

24 or death of the H–2A worker shall be tolled for the 

25 period during which the claim for such injury or 


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1 death was pending under the State workers’ com2 pensation law. 

3 ‘‘(9) PRECLUSIVE EFFECT.—Any settlement by 

4 an H–2A worker and an H–2A employer or any per5 son reached through the mediation process required 

6 under subsection (c)(1) shall preclude any right of 

7 action arising out of the same facts between the par8 ties in any Federal or State court or administrative 

9 proceeding, unless specifically provided otherwise in 

10 the settlement agreement. 

11 ‘‘(10) SETTLEMENTS.—Any settlement by the 

12 Secretary of Labor with an H–2A employer on be13 half of an H–2A worker of a complaint filed with the 

14 Secretary of Labor under this section or any finding 

15 by the Secretary of Labor under subsection 

16 (a)(1)(B) shall preclude any right of action arising 

17 out of the same facts between the parties under any 

18 Federal or State court or administrative proceeding, 

19 unless specifically provided otherwise in the settle20 ment agreement. 

21 ‘‘(d) DISCRIMINATION PROHIBITED.— 

22 ‘‘(1) IN GENERAL.—It is a violation of this sub23 section for any person who has filed an application 

24 under section 218C(a), to intimidate, threaten, re25 strain, coerce, blacklist, discharge, or in any other 


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1 manner discriminate against an employee (which 

2 term, for purposes of this subsection, includes a 

3 former employee and an applicant for employment) 

4 because the employee has disclosed information to 

5 the employer, or to any other person, that the em6 ployee reasonably believes evidences a violation of 

7 section 218C or 218D or any rule or regulation per8 taining to section 218C or 218D, or because the em9 ployee cooperates or seeks to cooperate in an inves10 tigation or other proceeding concerning the employ11 er’s compliance with the requirements of section 

12 218C or 218D or any rule or regulation pertaining 

13 to either of such sections. 

14 ‘‘(2) DISCRIMINATION AGAINST H–2A WORK15 ERS.—It is a violation of this subsection for any per16 son who has filed an application under section 

17 218C(a), to intimidate, threaten, restrain, coerce, 

18 blacklist, discharge, or in any manner discriminate 

19 against an H–2A employee because such worker has, 

20 with just cause, filed a complaint with the Secretary 

21 of Labor regarding a denial of the rights enumer22 ated and enforceable under subsection (b) or insti23 tuted, or caused to be instituted, a private right of 

24 action under subsection (c) regarding the denial of 

25 the rights enumerated under subsection (b), or has 


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1 testified or is about to testify in any court pro2 ceeding brought under subsection (c). 

3 ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO4 PRIATE EMPLOYMENT.—The Secretary of Labor and the 

5 Secretary shall establish a process under which an H–2A 

6 worker who files a complaint regarding a violation of sub7 section (d) and is otherwise eligible to remain and work 

8 in the United States may be allowed to seek other appro9 priate employment in the United States for a period not 

10 to exceed the maximum period of stay authorized for such 

11 nonimmigrant classification. 

12 ‘‘(f) ROLE OF ASSOCIATIONS.— 

13 ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA14 TION.—An employer on whose behalf an application 

15 is filed by an association acting as its agent is fully 

16 responsible for such application, and for complying 

17 with the terms and conditions of sections 218C and 

18 218D, as though the employer had filed the applica19 tion itself. If such an employer is determined, under 

20 this section, to have committed a violation, the pen21 alty for such violation shall apply only to that mem22 ber of the association unless the Secretary of Labor 

23 determines that the association or other member 

24 participated in, had knowledge, or reason to know, 

25 of the violation, in which case the penalty shall be 


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1 invoked against the association or other association 

2 member as well. 

3 ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING

4 AS AN EMPLOYER.—If an association filing an appli5 cation as a sole or joint employer is determined to 

6 have committed a violation under this section, the 

7 penalty for such violation shall apply only to the as8 sociation unless the Secretary of Labor determines 

9 that an association member or members participated 

10 in or had knowledge, or reason to know of the viola11 tion, in which case the penalty shall be invoked 

12 against the association member or members as well. 

13 ‘‘SEC. 218G. DEFINITIONS. 

14 ‘‘For purposes of this section and section 218C, 

15 218D, 218E, and 218F: 

16 ‘‘(1) AGRICULTURAL EMPLOYMENT.—The term 

17 ‘agricultural employment’ means any service or ac18 tivity that is considered to be agricultural under sec19 tion 3(f) of the Fair Labor Standards Act of 1938 

20 (29 U.S.C. 203(f)) or agricultural labor under sec21 tion 3121(g) of the Internal Revenue Code of 1986 

22 or the performance of agricultural labor or services 

23 described in section 101(a)(15)(H)(ii)(a). 

24 ‘‘(2) BONA FIDE UNION.—The term ‘bona fide 

25 union’ means any organization in which employees 


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1 participate and which exists for the purpose of deal2 ing with employers concerning grievances, labor dis3 putes, wages, rates of pay, hours of employment, or 

4 other terms and conditions of work for agricultural 

5 employees. Such term does not include an organiza6 tion formed, created, administered, supported, domi7 nated, financed, or controlled by an employer or em8 ployer association or its agents or representatives. 

9 ‘‘(3) DISPLACE.—The term ‘displace’, in the 

10 case of an application with respect to 1 or more H– 

11 2A workers by an employer, means laying off a 

12 United States worker from a job for which the H– 

13 2A worker or workers is or are sought. 

14 ‘‘(4) ELIGIBLE.—The term ‘eligible’, when used 

15 with respect to an individual, means an individual 

16 who is not an unauthorized alien (as defined in sec17 tion 274A). 

18 ‘‘(5) EMPLOYER.—The term ‘employer’ means 

19 any person or entity, including any farm labor con20 tractor and any agricultural association, that em21 ploys workers in agricultural employment. 

22 ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em23 ployer’ means an employer who seeks to hire 1 or 

24 more nonimmigrant aliens described in section 

25 101(a)(15)(H)(ii)(a). 


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1 ‘‘(7) H–2A WORKER.—The term ‘H–2A worker’ 

2 means a nonimmigrant described in section 

3 101(a)(15)(H)(ii)(a). 

4 ‘‘(8) JOB OPPORTUNITY.—The term ‘job oppor5 tunity’ means a job opening for temporary or sea6 sonal full-time employment at a place in the United 

7 States to which United States workers can be re8 ferred. 

9 ‘‘(9) LAYING OFF.— 

10 ‘‘(A) IN GENERAL.—The term ‘laying off’, 

11 with respect to a worker— 

12 ‘‘(i) means to cause the worker’s loss 

13 of employment, other than through a dis14 charge for inadequate performance, viola15 tion of workplace rules, cause, voluntary 

16 departure, voluntary retirement, contract 

17 impossibility (as described in section 

18 218D(b)(4)(D)), or temporary suspension 

19 of employment due to weather, markets, or 

20 other temporary conditions; but 

21 ‘‘(ii) does not include any situation in 

22 which the worker is offered, as an alter23 native to such loss of employment, a simi24 lar employment opportunity with the same 

25 employer (or, in the case of a placement of 


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1 a worker with another employer under sec2 tion 218C(b)(2)(E), with either employer 

3 described in such section) at equivalent or 

4 higher compensation and benefits than the 

5 position from which the employee was dis6 charged, regardless of whether or not the 

7 employee accepts the offer. 

8 ‘‘(B) STATUTORY CONSTRUCTION.—Noth9 ing in this paragraph is intended to limit an 

10 employee’s rights under a collective bargaining 

11 agreement or other employment contract. 

12 ‘‘(10) REGULATORY DROUGHT.—The term ‘reg13 ulatory drought’ means a decision subsequent to the 

14 filing of the application under section 218C by an 

15 entity not under the control of the employer making 

16 such filing which restricts the employer’s access to 

17 water for irrigation purposes and reduces or limits 

18 the employer’s ability to produce an agricultural 

19 commodity, thereby reducing the need for labor. 

20 ‘‘(11) SEASONAL.— 

21 ‘‘(A) IN GENERAL.—The term ‘seasonal’, 

22 with respect to the performance of labor, means 

23 that the labor— 


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1 ‘‘(i) ordinarily pertains to or is of the 

2 kind exclusively performed at certain sea3 sons or periods of the year; and 

4 ‘‘(ii) because of the nature of the 

5 labor, cannot be continuous or carried on 

6 throughout the year. 

7 ‘‘(B) EXCEPTION.—Labor performed on a 

8 dairy farm shall be considered to be seasonal 

9 labor. 

10 ‘‘(12) SECRETARY.—Except as otherwise pro11 vided, the term ‘Secretary’ means the Secretary of 

12 Homeland Security. 

13 ‘‘(13) TEMPORARY.—A worker is employed on a 

14 ‘temporary’ basis where the employment is intended 

15 not to exceed 10 months. 

16 ‘‘(14) UNITED STATES WORKER.—The term 

17 ‘United States worker’ means any worker, whether 

18 a national of the United States, an alien lawfully ad19 mitted for permanent residence, or any other alien, 

20 who is authorized to work in the job opportunity 

21 within the United States, except an alien admitted 

22 or otherwise provided status under section 

23 101(a)(15)(H)(ii)(a).’’. 

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

25 the Immigration and Nationality Act (8 U.S.C. 1101 et 


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1 seq.) is amended by striking the item relating to section 

2 218 and inserting the following: 

‘‘Sec. 218C. H–2A employer applications. 

‘‘Sec. 218D. H–2A employment requirements. 

‘‘Sec. 218E. Procedure for admission and extension of stay of H–2A workers. 

‘‘Sec. 218F. Worker protections and labor standards enforcement. 

‘‘Sec. 218G. Definitions.’’. 

3 (c) CONFORMING AMENDMENT.—Section 

4 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 

5 Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by in6 serting ‘‘or work on a dairy farm,’’ after ‘‘seasonal na7 ture,’’. 

8 SEC. 405. DETERMINATION AND USE OF USER FEES. 

9 (a) SCHEDULE OF FEES.—The Secretary shall estab10 lish and periodically adjust a schedule of fees for the em11 ployment of aliens pursuant to the amendment made by 

12 section 404(a) of this Act and a collection process for such 

13 fees from employers. Such fees shall be the only fees 

14 chargeable to employers for services provided under such 

15 amendment. 

16 (b) DETERMINATION OF SCHEDULE.— 

17 (1) IN GENERAL.—The schedule under sub18 section (a) shall reflect a fee rate based on the num19 ber of job opportunities indicated in the employer’s 

20 application under section 218C of the Immigration 

21 and Nationality Act, as amended by section 404 of 

22 this Act, and sufficient to provide for the direct 

23 costs of providing services related to an employer’s 


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1 authorization to employ aliens pursuant to the 

2 amendment made by section 404(a) of this Act, to 

3 include the certification of eligible employers, the 

4 issuance of documentation, and the admission of eli5 gible aliens. 

6 (2) PROCEDURE.— 

7 (A) IN GENERAL.—In establishing and ad8 justing such a schedule, the Secretary shall 

9 comply with Federal cost accounting and fee 

10 setting standards. 

11 (B) PUBLICATION AND COMMENT.—The 

12 Secretary shall publish in the Federal Register 

13 an initial fee schedule and associated collection 

14 process and the cost data or estimates upon 

15 which such fee schedule is based, and any sub16 sequent amendments thereto, pursuant to which 

17 public comment shall be sought and a final rule 

18 issued. 

19 (c) USE OF PROCEEDS.—Notwithstanding any other 

20 provision of law, all proceeds resulting from the payment 

21 of the fees pursuant to the amendment made by section 

22 404(a) of this Act shall be available without further appro23 priation and shall remain available without fiscal year lim24 itation to reimburse the Secretary, the Secretary of State, 

25 and the Secretary of Labor for the costs of carrying out 


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1 sections 218C and 218E of the Immigration and Nation2 ality Act, as amended and added, respectively, by section 

3 404 of this Act, and the provisions of this Act. 

4 SEC. 406. REGULATIONS. 

5 (a) REQUIREMENT FOR THE SECRETARY TO CON6 SULT.—The Secretary shall consult with the Secretary of 

7 Labor and the Secretary of Agriculture during the promul8 gation of all regulations to implement the duties of the 

9 Secretary under this Act and the amendments made by 

10 this Act. 

11 (b) REQUIREMENT FOR THE SECRETARY OF STATE

12 TO CONSULT.—The Secretary of State shall consult with 

13 the Secretary, the Secretary of Labor, and the Secretary 

14 of Agriculture on all regulations to implement the duties 

15 of the Secretary of State under this Act and the amend16 ments made by this Act. 

17 (c) REQUIREMENT FOR THE SECRETARY OF LABOR

18 TO CONSULT.—The Secretary of Labor shall consult with 

19 the Secretary of Agriculture and the Secretary on all regu20 lations to implement the duties of the Secretary of Labor 

21 under this Act and the amendments made by this Act. 

22 (d) DEADLINE FOR ISSUANCE OF REGULATIONS.— 

23 All regulations to implement the duties of the Secretary, 

24 the Secretary of State, and the Secretary of Labor created 

25 under sections 218C, 218D, 218E, 218F, and 218G of 


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1 the Immigration and Nationality Act, as amended or 

2 added by section 404 of this Act, shall take effect on the 

3 effective date of section 404 and shall be issued not later 

4 than 1 year after the date of enactment of this Act, or 

5 the date such regulations are promulgated, whichever is 

6 sooner. 

7 SEC. 407. REPORTS TO CONGRESS. 

8 (a) ANNUAL REPORT.—Not later than September 30 

9 of each year, the Secretary shall submit a report to Con10 gress that identifies, for the previous year— 

11 (1) the number of job opportunities approved 

12 for employment of aliens admitted under section 

13 101(a)(15)(H)(ii)(a) of the Immigration and Nation14 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), and the 

15 number of workers actually admitted, disaggregated 

16 by State and by occupation; 

17 (2) the number of such aliens reported to have 

18 abandoned employment pursuant to subsection 

19 218E(e)(2) of such Act; 

20 (3) the number of such aliens who departed the 

21 United States within the period specified in sub22 section 218E(d) of such Act; 

23 (4) the number of aliens who applied for adjust24 ment of status pursuant to section 623; 


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1 (5) the number of such aliens whose status was 

2 adjusted under section 623; 

3 (6) the number of aliens who applied for perma4 nent residence pursuant to section 214A(j) of the 

5 Immigration and Nationality Act, as amended by 

6 623(b); and 

7 (7) the number of such aliens who were ap8 proved for permanent residence pursuant to section 

9 214A(j) of the Immigration and Nationality Act, as 

10 amended by 623(b). 

11 (b) IMPLEMENTATION REPORT.—Not later than 180 

12 days after the date of the enactment of this Act, the Sec13 retary shall prepare and submit to Congress a report that 

14 describes the measures being taken and the progress made 

15 in implementing this Act. 

16 SEC. 408. EFFECTIVE DATE. 

17 Except as otherwise provided, sections 404 and 405 

18 shall take effect 1 year after the date of the enactment 

19 of this Act, or the date such regulations are promulgated, 

20 whichever is sooner. 

21 SEC. 409. NUMERICAL LIMITATIONS. 

22 Section 214(g) of the Act (8 U.S.C. 1184(g)) is 

23 amended— 

24 (1) in paragraph (1)— 


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1 (A) by striking ‘‘(beginning with fiscal year 

2 1992)’’; 

3 (B) by striking subparagraph (B) and in4 serting the following: 

5 ‘‘(B) under section 101(a)(15)(Y)(i), may 

6 not exceed 200,000 for each fiscal year; or 

7 ‘‘(C) under section 101(a)(15)(Y)(iii), may 

8 not exceed twenty percent of the annual limit 

9 on admissions of aliens under section 

10 101(a)(15)(Y)(i) for that fiscal year; or 

11 ‘‘(D) under section 101(a)(15)(Y)(ii)(II), 

12 may not exceed— 

13 ‘‘(i) 100,000 for the first fiscal year 

14 in which the program is implemented; 

15 ‘‘(ii) in any subsequent fiscal year, 

16 subject to clause (iii), the number for the 

17 previous fiscal year as adjusted in accord18 ance with the method set forth in para19 graph (2); and 

20 ‘‘(iii) 200,000 for any fiscal year.’’; 

21 and 

22 (2) by renumbering paragraph (2) as paragraph 

23 (3), and renumbering all subsequent paragraphs ac24 cordingly, and inserting the following as paragraph 

25 (2): 


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1 ‘‘(2) MARKET-BASED ADJUSTMENT.—With re2 spect to the numerical limitation set in subpara3 graph (A)(ii) or (D)(ii) of paragraph (1)— 

4 ‘‘(A) if the total number of visas allocated 

5 for that fiscal year are allotted within the first 

6 half of that fiscal year, then an additional 15 

7 percent of the allocated number shall be made 

8 available immediately and the allocated amount 

9 for the following fiscal year shall increase by 15 

10 percent of the original allocated amount in the 

11 prior fiscal year; 

12 ‘‘(B) if the total number of visas allocated 

13 for that fiscal year are allotted within the sec14 ond half of that fiscal year, then the allocated 

15 amount for the following fiscal year shall in16 crease by 10 percent of the original allocated 

17 amount in the prior fiscal year; and 

18 ‘‘(C) with the exception of the first subse19 quent fiscal year to the fiscal year in which the 

20 program is implemented, if fewer visas were al21 lotted the previous fiscal year than the number 

22 of visas allocated for that year and the reason 

23 was not due to processing delays or delays in 

24 promulgating regulations, then the allocated 

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1 crease by 10 percent of the allocated amount in 

2 the prior fiscal year.’’ 

3 (3) in paragraph (9)(A) by striking ‘‘an alien 

4 who has already been counted toward the numerical 

5 limitation of paragraph (1)(B) during fiscal year 

6 2004, 2005, or 2006 shall not again be counted to7 ward such limitation during fiscal year 2007.’’ and 

8 inserting ‘‘an alien who has been present in the 

9 United States as an H–2B nonimmigrant during 

10 any 1 of 3 fiscal years immediately preceding the fis11 cal year of the approved start date of a petition for 

12 a nonimmigrant worker described in section 

13 101(a)(15)(H)(ii)(b) shall not be counted toward 

14 such limitation for the fiscal year in which the peti15 tion is approved. Such alien shall be considered a re16 turning worker.’’ 

17 SEC. 410. REQUIREMENTS FOR PARTICIPATING COUN18 TRIES. 

19 (a) IN GENERAL.—The Secretary of State, in co20 operation with the Secretary and the Attorney General, 

21 may, as a condition of authorizing the grant of non22 immigrant visas for Y nonimmigrants who are citizens or 

23 nationals of any foreign country, negotiate with each such 

24 country to enter into a bilateral agreement with the 


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1 United States that conforms to the requirements under 

2 subsection (b). 

3 (b) REQUIREMENTS OF BILATERAL AGREEMENTS.— 

4 It is the sense of Congress that each agreement negotiated 

5 under subsection (a) shall require the participating home 

6 country to— 

7 (1) accept the return of nationals who are or8 dered removed from the United States within 3 days 

9 of such removal; 

10 (2) cooperate with the United States Govern11 ment to— 

12 (A) identify, track, and reduce gang mem13 bership, violence, and human trafficking and 

14 smuggling; and 

15 (B) control illegal immigration; 

16 (3) provide the United States Government 

17 with— 

18 (A) passport information and criminal 

19 records of aliens who are seeking admission to, 

20 or are present in, the United States; and 

21 (B) admission and entry data to facilitate 

22 United States entry-exit data systems; 

23 (4) educate nationals of the home country re24 garding United States temporary worker programs 

25 to ensure that such nationals are not exploited; and 


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1 (5) evaluate means to provide housing incen2 tives in the alien’s home country for returning work3 ers; and 

4 (6) agree to such other terms as the Secretary 

5 of State considers appropriate and necessary. 

6 SEC. 411. COMPLIANCE INVESTIGATORS. 

7 (a) The Secretary of Labor, subject to the availability 

8 of appropriations for such purpose, shall increase, by not 

9 less than 200 per year for each of the five fiscal years 

10 after the date of enactment of [name of bill], the number 

11 of positions for compliance investigators and attorneys 

12 dedicated to the enforcement of labor standards, including 

13 those contained in sections 218A, 218B, and 218C, the 

14 Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) 

15 and the Occupational Safety and Health Act of 1970 (29 

16 U.S.C. 651 et seq.) in geographic and occupational areas 

17 in which a high percentage of workers are Y non18 immigrants. 

19 SEC. 412. STANDING COMMISSION ON IMMIGRATION AND 

20 LABOR MARKETS. 

21 (a) ESTABLISHMENT OF COMMISSION.— 

22 (1) IN GENERAL.—There is established an inde23 pendent Federal agency within the Executive Branch 

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1 gration and Labor Markets (referred to in this sec2 tion as the ‘‘Commission’’). 

3 (2) PURPOSES.—The purposes of the Commis4 sion are— 

5 (A) to study nonimmigrant programs and 

6 the numerical limits imposed by law on admis7 sion of nonimmigrants; 

8 (B) to study the numerical limits imposed 

9 by law on immigrant visas; 

10 (C) to study the allocation of immigrant 

11 visas through the merit-based system; 

12 (D) to make recommendations to the 

13 President and Congress with respect to such 

14 programs. 

15 (3) MEMBERSHIP.—The Commission shall be 

16 composed of— 

17 (A) 6 voting members— 

18 (i) who shall be appointed by the 

19 President, with the advice and consent of 

20 the Senate, not later than 6 months after 

21 the establishment of the Y Nonimmigrant 

22 Worker Program; 

23 (ii) who shall serve for 3-year stag24 gered terms, which can be extended for 1 

25 additional 3-year term; 


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1 (iii) who shall select a Chair from 

2 among the voting members to serve a 2- 

3 year term, which can be extended for 1 ad4 ditional 2-year term; 

5 (iv) who shall have expertise in eco6 nomics, demography, labor, business, or 

7 immigration or other pertinent qualifica8 tions or experience; 

9 (v) who may not be an employee of 

10 the Federal Government or of any State or 

11 local government; and 

12 (vi) not more than 3 of whom may be 

13 members of the same political party. 

14 (B) 7 ex-officio members, including— 

15 (i) the Secretary; 

16 (ii) the Secretary of State; 

17 (iii) the Attorney General; 

18 (iv) the Secretary of Labor; 

19 (v) the Secretary of Commerce; 

20 (vi) the Secretary of Health and 

21 Human Services; and 

22 (vii) the Secretary of Agriculture. 

23 (4) VACANCIES.—Any vacancy in the Commis24 sion shall be filled in the same manner as the origi25 nal appointment. 


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1 (5) MEETINGS.— 

2 (A) INITIAL MEETING.—The Commission 

3 shall meet and begin carrying out the duties de4 scribed in subsection (b) as soon as practicable. 

5 (B) SUBSEQUENT MEETINGS.—After its 

6 initial meeting, the Commission shall meet at 

7 least once per quarter upon the call of the 

8 Chair or a majority of its members. 

9 (C) QUORUM.—Four voting members of 

10 the Commission shall constitute a quorum. 

11 (b) DUTIES OF THE COMMISSION.—The Commission 

12 shall— 

13 (1) examine and analyze— 

14 (A) the development and implementation of 

15 the programs; 

16 (B) the criteria for the admission of non17 immigrant workers; 

18 (C) the formula for determining the annual 

19 numerical limitations of nonimmigrant workers; 

20 (D) the impact of nonimmigrant workers 

21 on immigration; 

22 (E) the impact of nonimmigrant workers 

23 on the economy, unemployment rate, wages, 

24 workforce, and businesses of the United States; 


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1 (F) the numerical limits imposed by law on 

2 immigrant visas and its effect on the economy, 

3 unemployment rate, wages, workforce, and busi4 nesses of the United States; 

5 (G) the allocation of immigrant visas 

6 through the evaluation system established by 

7 title V of this Act; and 

8 (H) any other matters regarding the pro9 grams that the Commission considers appro10 priate; 

11 (2) not later than 18 months after the date of 

12 enactment, and every year thereafter, submit a re13 port to the President and Congress that— 

14 (A) contains the findings of the analysis 

15 conducted under paragraph (1); 

16 (B) makes recommendations regarding the 

17 necessary adjustments to the programs studied 

18 to meet the labor market needs of the United 

19 States; and 

20 (C) makes other recommendations regard21 ing the programs, including legislative or ad22 ministrative action, that the Commission deter23 mines to be in the national interest. 

24 (c) INFORMATION AND ASSISTANCE FROM FEDERAL

25 AGENCIES.— 


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1 (1) INFORMATION.—The head of any Federal 

2 department or agency that receives a request from 

3 the Commission for information, including sugges4 tions, estimates, and statistics, as the Commission 

5 considers necessary to carry out the provisions of 

6 this section, shall furnish such information to the 

7 Commission, to the extent allowed by law. 

8 (2) ASSISTANCE.— 

9 (A) GENERAL SERVICES ADMINISTRA10 TION.—The Administrator of General Services 

11 shall, on a reimbursable basis, provide the Com12 mission with administrative support and other 

13 services for the performance of the Commis14 sion’s functions. 

15 (B) OTHER FEDERAL AGENCIES.—The de16 partments and agencies of the United States 

17 may provide the Commission with such services, 

18 funds, facilities, staff, and other support serv19 ices as the heads of such departments and 

20 agencies determine advisable and authorized by 

21 law. 

22 (d) PERSONNEL MATTERS.— 

23 (1) STAFF.— 

24 (A) APPOINTMENT AND COMPENSATION.— 

25 The Chair, in accordance with rules agreed 


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1 upon by the Commission, may appoint and fix 

2 the compensation of a staff director and such 

3 other personnel as may be necessary to enable 

4 the Commission to carry out its functions. 

5 (B) FEDERAL EMPLOYEES.— 

6 (i) IN GENERAL.—Except as provided 

7 under clause (ii), the executive director and 

8 any personnel of the Commission who are 

9 employees shall be considered to be em10 ployees under section 2105 of title 5, 

11 United States Code, for purposes of chap12 ters 63, 81, 83, 84, 85, 87, 89, and 90 of 

13 such title. 

14 (ii) COMMISSION MEMBERS.—Clause 

15 (i) shall not apply to members of the Com16 mission. 

17 (2) DETAILEES.—Any employee of the Federal 

18 Government may be detailed to the Commission 

19 without reimbursement from the Commission. Such 

20 detailee shall retain the rights, status, and privileges 

21 of his or her regular employment without interrup22 tion. 

23 (3) CONSULTANT SERVICES.—The Commission 

24 may procure the services of experts and consultants 

25 in accordance with section 3109 of title 5, United 


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1 States Code, at rates not to exceed the daily rate 

2 paid a person occupying a position at level IV of the 

3 Executive Schedule under section 5315 of such title 

4 5. 

5 (e) COMPENSATION AND TRAVEL EXPENSES.— 

6 (1) COMPENSATION.—Each voting member of 

7 the Commission may be compensated at a rate not 

8 to exceed the daily equivalent of the annual rate of 

9 basic pay in effect for a position at level IV of the 

10 Executive Schedule under section 5315 of title 5, 

11 United States Code, for each day during which that 

12 member is engaged in the actual performance of the 

13 duties of the Commission. 

14 (2) TRAVEL EXPENSES.—Members of the Com15 mission shall be allowed travel expenses, including 

16 per diem in lieu of subsistence, under section 

17 5703(b) of title 5, United States Code, while away 

18 from their homes or regular places of business in the 

19 performance of services for the Commission. 

20 (f) FUNDING.—Fees and fines deposited into the 

21 Temporary Worker Program Account under section 

22 286(w) of the Immigration and Nationality Act, as added 

23 by section 402 of [name of the Act], may be used by the 

24 Commission to carry out its duties under this section. 


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1 SEC. 412. AGENCY REPRESENTATION AND COORDINATION. 

2 Section 274A(e) (8 U.S.C. 1324a(e)) is amended— 

3 (1) in paragraph (2)— 

4 (A) in subparagraph (A), by striking the 

5 comma at the end and inserting a semicolon; 

6 (B) in subparagraph (B), by striking ‘‘, 

7 and’’ and inserting a semicolon; 

8 (C) in subparagraph (C), by striking 

9 ‘‘paragraph (2).’’ and inserting ‘‘paragraph (1); 

10 and’’; and 

11 (D) by inserting after subparagraph (C) 

12 the following: 

13 ‘‘(D) United States Immigration and Cus14 toms Enforcement officials may not misrepre15 sent to employees or employers that they are a 

16 member of any agency or organization that pro17 vides domestic violence services, enforces health 

18 and safety law, provides health care services, or 

19 any other services intended to protect life and 

20 safety.’’. 

21 SEC. 413. BILATERAL EFFORTS WITH MEXICO TO REDUCE 

22 MIGRATION PRESSURES AND COSTS. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 


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1 (1) Migration from Mexico to the United States 

2 is directly linked to the degree of economic oppor3 tunity and the standard of living in Mexico. 

4 (2) Mexico comprises a prime source of migra5 tion to the United States. 

6 (3) Remittances from Mexican citizens working 

7 in the United States reached a record high of nearly 

8 $17,000,000,000 in 2004. 

9 (4) Migration patterns may be reduced from 

10 Mexico to the United States by addressing the de11 gree of economic opportunity available to Mexican 

12 citizens. 

13 (5) Many Mexican assets are held extra-legally 

14 and cannot be readily used as collateral for loans. 

15 (6) A majority of Mexican businesses are small 

16 or medium size with limited access to financial cap17 ital. 

18 (7) These factors constitute a major impedi19 ment to broad-based economic growth in Mexico. 

20 (8) Approximately 20 percent of Mexico’s popu21 lation works in agriculture, with the majority of this 

22 population working on small farms and few on large 

23 commercial enterprises. 

24 (9) The Partnership for Prosperity is a bilateral 

25 initiative launched jointly by the President of the 


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1 United States and the President of Mexico in 2001, 

2 which aims to boost the social and economic stand3 ards of Mexican citizens, particularly in regions 

4 where economic growth has lagged and emigration 

5 has increased. 

6 (10) The Presidents of Mexico and the United 

7 States and the Prime Minister of Canada, at their 

8 trilateral summit on March 23, 2005, agreed to pro9 mote economic growth, competitiveness, and quality 

10 of life in the agreement on Security and Prosperity 

11 Partnership of North America. 

12 (b) SENSE OF CONGRESS REGARDING PARTNERSHIP

13 FOR PROSPERITY.—It is the sense of Congress that the 

14 United States and Mexico should accelerate the implemen15 tation of the Partnership for Prosperity to help generate 

16 economic growth and improve the standard of living in 

17 Mexico, which will lead to reduced migration, by— 

18 (1) increasing access for poor and under served 

19 populations in Mexico to the financial services sec20 tor, including credit unions; 

21 (2) assisting Mexican efforts to formalize its 

22 extra-legal sector, including the issuance of formal 

23 land titles, to enable Mexican citizens to use their 

24 assets to procure capital; 


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1 (3) facilitating Mexican efforts to establish an 

2 effective rural lending system for small- and me3 dium-sized farmers that will— 

4 (A) provide long term credit to borrowers; 

5 (B) develop a viable network of regional 

6 and local intermediary lending institutions; and 

7 (C) extend financing for alternative rural 

8 economic activities beyond direct agricultural 

9 production; 

10 (4) expanding efforts to reduce the transaction 

11 costs of remittance flows in order to increase the 

12 pool of savings available to help finance domestic in13 vestment in Mexico; 

14 (5) encouraging Mexican corporations to adopt 

15 internationally recognized corporate governance 

16 practices, including anti-corruption and transparency 

17 principles; 

18 (6) enhancing Mexican efforts to strengthen 

19 governance at all levels, including efforts to improve 

20 transparency and accountability, and to eliminate 

21 corruption, which is the single biggest obstacle to de22 velopment; 

23 (7) assisting the Government of Mexico in im24 plementing all provisions of the Inter-American Con25 vention Against Corruption (ratified by Mexico on 


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1 May 27, 1997) and urging the Government of Mex2 ico to participate fully in the Convention’s formal 

3 implementation monitoring mechanism; 

4 (8) helping the Government of Mexico to 

5 strengthen education and training opportunities 

6 throughout the country, with a particular emphasis 

7 on improving rural education; and 

8 (9) encouraging the Government of Mexico to 

9 create incentives for persons who have migrated to 

10 the United States to return to Mexico. 

11 (c) SENSE OF CONGRESS REGARDING BILATERAL

12 PARTNERSHIP ON HEALTH CARE.—It is the sense of Con13 gress that the Government of the United States and the 

14 Government of Mexico should enter into a partnership to 

15 examine uncompensated and burdensome health care costs 

16 incurred by the United States due to legal and illegal im17 migration, including— 

18 (1) increasing health care access for poor and 

19 under served populations in Mexico; 

20 (2) assisting Mexico in increasing its emergency 

21 and trauma health care facilities along the border, 

22 with emphasis on expanding prenatal care in the 

23 United States-Mexico border region; 

24 (3) facilitating the return of stable, incapaci25 tated workers temporarily employed in the United 


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1 States to Mexico in order to receive extended, long2 term care in their home country; and 

3 (4) helping the Government of Mexico to estab4 lish a program with the private sector to cover the 

5 health care needs of Mexican nationals temporarily 

6 employed in the United States. 

7 SEC. 414. WILLING WORKER-WILLING EMPLOYER ELEC8 TRONIC DATABASE. 

9 (a) ELECTRONIC JOB REGISTRY LINK.— 

10 (1) The Secretary of Labor shall establish a 

11 publicly accessible Web page on the internet website 

12 of the Department of Labor that provides a single 

13 Internet link to each State workforce agency’s state14 wide electronic registry of jobs available throughout 

15 the United States to United States workers. 

16 (2) The Secretary of Labor shall promulgate 

17 regulations regarding the maintenance of electronic 

18 job registry records by the employer for the purpose 

19 of audit or investigations. 

20 (3) The Secretary of Labor shall ensure that 

21 job opportunities advertised on a State workforce 

22 agency statewide electronic job registry established 

23 under this section are accessible— 


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1 (A) by the State workforce agencies, which 

2 may further disseminate job opportunity infor3 mation to interested parties; and 

4 (B) through the internet, for access by 

5 workers, employers, labor organizations and 

6 other interested parties. 

7 (4) The Secretary of Labor may work with pri8 vate companies and nonprofit organizations in the 

9 development and operation of the job registry link 

10 and system under paragraph (1). 

11 (b) ELECTRONIC REGISTRY OF CERTIFIED APPLICA12 TIONS.— 

13 (1) The Secretary of Labor shall compile, on a 

14 current basis, a registry (by employer and by occu15 pational classification) of the approved labor certifi16 cation applications filed under this program. Such 

17 registry shall include the wage rate, number of work18 ers sought, period of intended employment, and date 

19 of need. The Secretary of Labor shall make such 

20 registry publicly available through an Internet 

21 website. 

22 (2) The Secretary of Labor may consult with 

23 the Secretary of Homeland Security, and others as 

24 appropriate, in the establishment of the registry de25 scribed in paragraph (1) to ensure its compatibility 


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1 with any system designed to track Y nonimmigrant 

2 employment that is operated and maintained by the 

3 Secretary of Homeland Security. 

4 (3) The Secretary of Labor shall ensure that 

5 job opportunities advertised on the electronic job 

6 registry established under this subsection are acces7 sible by the State workforce agencies, which may 

8 further disseminate job opportunity information to 

9 other interested parties. 

10 SEC. 415. ENUMERATION OF SOCIAL SECURITY NUMBER. 

11 The Secretary of Homeland Security, in coordination 

12 with the Commissioner of the Social Security Administra13 tion, shall implement a system to allow for the prompt 

14 enumeration of a Social Security number after the Sec15 retary of Homeland Security has granted an alien Y non16 immigrant status. 

17 SEC. 416. CONTRACTING. 

18 Nothing in this section shall be construed to limit the 

19 authority of the Secretary of Homeland Security or Sec20 retary of Labor to contract with or license United States 

21 entities, as provided for in regulation, to implement any 

22 provision of this title, either entirely or in part, to the ex23 tent that each Secretary in his discretion determines that 

24 such implementation is feasible, cost-effective, secure, and 

25 in the interest of the United States. However, nothing in 


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1 this provision shall be construed to alter or amend any 

2 of the requirements of OMB Circular A–76 or any other 

3 current law governing federal contracting. Any inherently 

4 governmental work already performed by employees of the 

5 Department of Homeland Security or the Department of 

6 Labor, or any inherently governmental work generated by 

7 the requirements of this legislation, shall continue to be 

8 performed by Federal employees, and any current com9 mercial work, or new commercial work generated by the 

10 requirements of this legislation, that is subject to public11 private competition under OMB Circular A–76 or any 

12 other relevant law shall continue to be subject to public13 private competition. 

14 SEC. 417. FEDERAL RULEMAKING REQUIREMENTS. 

15 (a) The Secretaries of Labor and Homeland Security 

16 shall each issue an interim final rule within six months 

17 of the date of enactment of this subtitle to implement this 

18 title and the amendments made by this title. Each such 

19 interim final rule shall become effective immediately upon 

20 publication in the Federal Register. Each such interim 

21 final rule shall sunset two years after issuance unless the 

22 relevant Secretary issues a final rule within two years of 

23 the issuance of the interim final rule. 

24 (b) The exemption provided under subsection (a) 

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1 actment of this title, provided that, such sunset shall not 

2 be construed to impose any requirements on, or affect the 

3 validity of, any rule issued or other action taken by either 

4 Secretary under such exemption. 

5 Subtitle C—Nonimmigrant Visa 

6 Reform 

7 SEC. 418. STUDENT VISAS. 

8 (a) IN GENERAL.—Section 101(a)(15)(F) of the Im9 migration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) 

10 is amended— 

11 (1) in clause (i)— 

12 (A) by striking ‘‘who is’’ and inserting, 

13 ‘‘who is— 

14 ‘‘(I)’’; 

15 (B) by striking ‘‘consistent with section 

16 214(l)’’ and inserting ‘‘consistent with section 

17 214(m)’’; 

18 (C) by striking the comma at the end and 

19 inserting the following: ‘‘; or 

20 ‘‘(II) engaged in temporary em21 ployment for optional practical train22 ing for an aggregate period of not 

23 more than 24 months and related to 

24 such alien’s major area of study, 

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1 rolled on a full time basis as a non2 immigrant under clause (i) or (iv) at 

3 a college, university, conservatory, or 

4 seminary described in subclause (i)(I) 

5 for one full academic year and such 

6 employment occurs: 

7 ‘‘(aa) during the student’s 

8 annual vacation and at other 

9 times when school is not in ses10 sion, if the student is currently 

11 enrolled, and is eligible for reg12 istration and intends to register 

13 for the next term or session; 

14 ‘‘(bb) while school is in ses15 sion, provided that practical 

16 training does not exceed 20 hours 

17 a week while school is in session; 

18 or 

19 ‘‘(cc) within a 26-month pe20 riod after completion of all course 

21 requirements for the degree (ex22 cluding thesis or equivalent);’’; 

23 and 


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1 (D) by striking ‘‘Attorney General’’ the 

2 two times that phrase appears and inserting 

3 ‘‘Secretary of Homeland Security’’. 

4 (2) in clause (ii)— 

5 (A) by inserting ‘‘or (iv)’’ after ‘‘clause 

6 (i)’’; and 

7 (B) by striking ‘‘, and’’ and inserting a 

8 semicolon; and 

9 (3) by adding at the end the following: 

10 ‘‘(iv) an alien described in clause (i), 

11 except that the alien is not required to 

12 have a residence in a foreign country that 

13 the alien has no intention of abandoning, 

14 who has been accepted at and plans to at15 tend an accredited graduate program in 

16 mathematics, engineering, information 

17 technology, or the natural sciences in the 

18 United States for the purpose of obtaining 

19 an advanced degree; and 

20 ‘‘(v) an alien who maintains actual 

21 residence and place of abode in the alien’s 

22 country of nationality, who is described in 

23 clause (i), except that the alien’s actual 

24 course of study may involve a distance 

25 learning program, for which the alien is 


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1 temporarily visiting the United States for 

2 a period not to exceed 30 days;’’. 

3 (b) OFF CAMPUS WORK AUTHORIZATION FOR FOR4 EIGN STUDENTS.— 

5 (1) IN GENERAL.—An alien admitted as a non6 immigrant student described in section 

7 101(a)(15)(F) of the Immigration and Nationality 

8 Act (8 U.S.C. 1101(a)(15)(F)) may be employed in 

9 an off-campus position unrelated to the alien’s field 

10 of study if— 

11 (A) the alien has enrolled full-time at the 

12 educational institution and is maintaining good 

13 academic standing; 

14 (B) the employer provides the educational 

15 institution and the Secretary of Labor with an 

16 attestation that the employer— 

17 (i) has spent at least 21 days recruit18 ing United States workers to fill the posi19 tion; and 

20 (ii) will pay the alien and other simi21 larly situated workers at a rate equal to 

22 not less than the greater of— 

23 (I) the actual wage level for the 

24 occupation at the place of employ25 ment; or 


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1 (II) the prevailing wage level for 

2 the occupation in the area of employ3 ment; and 

4 (C) the alien will not be employed more 

5 than— 

6 (i) 20 hours per week during the aca7 demic term; or 

8 (ii) 40 hours per week during vacation 

9 periods and between academic terms. 

10 (2) DISQUALIFICATION.—If the Secretary of 

11 Labor determines that an employer has provided an 

12 attestation under paragraph (1)(B) that is materi13 ally false or has failed to pay wages in accordance 

14 with the attestation, the employer, after notice and 

15 opportunity for a hearing, may be disqualified for a 

16 period of no more than 5 years from employing an 

17 alien student under paragraph (1). 

18 (3) SOCIAL SECURITY.—Any employment en19 gaged in by a student pursuant to paragraph (1) of 

20 this subsection shall, for purposes of section 210 of 

21 the Social Security Act (42 USC 410) and section 

22 3121 of the Internal Revenue Code (26 USC 3121), 

23 not be considered to be for a purpose related to sec24 tion 101(a)(15)(F) of the Immigration and Nation25 ality Act. 


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1 (c) CLARIFYING THE IMMIGRANT INTENT PROVI2 SION.—Subsection (b) of section 214 of the Immigration 

3 and Nationality Act (8 U.S.C. 1184(b)) is amended— 

4 (1) by striking the parenthetical phrase ‘‘(other 

5 than a nonimmigrant described in subparagraph (L) 

6 or (V) of section 101(a)(15), and other than a non7 immigrant described in any provision of section 

8 101(a)(15)(H)(i) except subclause (b1) of such sec9 tion)’’ in the first sentence; and 

10 (2) by striking ‘‘under section 101(a)(15)’’ and 

11 inserting in its place ‘‘under the immigration laws.’’. 

12 (d) GRANTING DUAL INTENT TO CERTAIN NON13 IMMIGRANT STUDENTS.—Subsection (h) of section 214 of 

14 the Immigration and Nationality Act (8 U.S.C. 1184(h)) 

15 is amended— 

16 (1) by inserting ‘‘(F)(iv),’’ following ‘‘(H)(i)(b) 

17 or (c),’’; and 

18 (2) by striking ‘‘if the alien had obtained a 

19 change of status’’ and inserting in its place ‘‘if the 

20 alien had been admitted as, provided status as, or 

21 obtained a change of status’’. 

22 SEC. 419. H–1B STREAMLINING AND SIMPLIFICATION. 

23 (a) H–1B AMENDMENTS.—Section 214(g) of the Im24 migration and Nationality Act (8 U.S.C. 1184(g)) is 

25 amended— 


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1 (1) in paragraph (1) by deleting clauses (i) 

2 through (vii) of subparagraph (A) and inserting in 

3 their place— 

4 ‘‘(i) 115,000 in fiscal year 2008; 

5 ‘‘(ii) in any subsequent fiscal year, 

6 subject to clause (iii), the number for the 

7 previous fiscal year as adjusted in accord8 ance with the method set forth in para9 graph (2); and 

10 ‘‘(iii) 180,000 for any fiscal year; or’’. 

11 (2) in paragraph (9), as renumbered by Section 

12 405— 

13 (A) by striking ‘‘The annual numeric limi14 tations described in clause (i) shall not exceed’’ 

15 from subclause (ii) of subparagraph (B) and in16 serting the following: ‘‘Without respect to the 

17 annual numeric limitation described in clause 

18 (i), the Secretary may issue a visa or otherwise 

19 grant nonimmigrant status pursuant to section 

20 1101(a)(15)(H)(i)(b) in the following quan21 tities:’’; 

22 (B) by striking subparagraph (B)(iv); and 

23 (C) by striking subparagraph (D). 


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1 (b) REQUIRING A DEGREE.—Paragraph (2) of sec2 tion 214(i) of the Immigration and Nationality Act (8 

3 U.S.C. 1184(i)) is amended— 

4 (1) by deleting the comma at the end of sub5 paragraph (A) and inserting in its place ‘‘; and’’; 

6 and 

7 (2) by striking subparagraphs (B) and (C) and 

8 inserting the following: 

9 ‘‘(B) attainment of a bachelor’s or higher 

10 degree in the specific specialty from an edu11 cational institution in the United States accred12 ited by a nationally recognized accrediting agen13 cy or association (or an equivalent degree from 

14 a foreign educational institution that is equiva15 lent to such an institution) as a minimum for 

16 entry into the occupation in the United 

17 States.’’. 

18 (c) PROVISION OF W–2 FORMS.—Section 214(g)(5) 

19 of the Immigration and Nationality Act (8 U.S.C. 

20 1184(g)(5)), as renumbered by Section 405, is amended 

21 to read as follows: 

22 ‘‘(5) In the case of a nonimmigrant described in 

23 section 1101(a)(15)(H)(i)(b) of this title— 

24 ‘‘(A) The period of authorized admission 

25 as such a nonimmigrant may not exceed six 


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1 years; [Provided that, this provision shall not 

2 apply to such a nonimmigrant who has filed a 

3 petition for an immigrant visa under section 

4 203(b)(1), if 365 days or more have elapsed 

5 since filing and it has not been denied, in which 

6 case the Secretary of Homeland Security may 

7 extend the stay of an alien in one-year incre8 ments until such time as a final decision is 

9 made on the alien’s lawful permanent resi10 dence]. 

11 ‘‘(B) If the alien is granted an initial pe12 riod of admission less than six years, any subse13 quent application for an extension of stay for 

14 such alien must include the Form W–2 Wage 

15 and Tax Statement filed by the employer for 

16 such employee, and such other form or informa17 tion relating to such employment as the Sec18 retary of Homeland Security may in his discre19 tion specify, with respect to such nonimmigrant 

20 alien employee for the period of admission 

21 granted to the alien. 

22 ‘‘(C) Notwithstanding section 6103 of title 

23 26, United States Code, or any other law, the 

24 Commissioner of Internal Revenue or the Com25 missioner of the Social Security Administration 


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1 shall upon request of the Secretary confirm 

2 whether the Form W–2 Wage and Tax State3 ment filed by the employer under clause (i) 

4 matches a Form W–2 Wage and Tax Statement 

5 filed with the Internal Revenue Service or the 

6 Social Security Administration, as the case may 

7 be.’’ 

8 (d) EXTENSION OF H–1B STATUS FOR MERIT9 BASED ADJUSTMENT APPLICANTS.— 

10 (1) Section 214(g)(4) of the Immigration and 

11 Nationality Act (8 U.S.C. 1184(g)(4)) is amended 

12 by inserting before the period: ‘‘; Provided that, this 

13 provision shall not apply to such a nonimmigrant 

14 who has filed a petition for an immigrant visa ac15 companied by a qualifying employer recommendation 

16 under section 203(b)(1), if 365 days or more have 

17 elapsed since filing and it has not been denied, in 

18 which case the Secretary of Homeland Security may 

19 extend the stay of an alien in one-year increments 

20 until such time as a final decision is made on the 

21 alien’s lawful permanent residence.’’ 

22 (2) Sections 106(a) and 106(b) of the American 

23 Competitiveness in the Twenty-First Century Act of 

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1 provements Act of 2000, Public Law 106–313, are 

2 hereby repealed. 

3 SEC. 420. H–1B EMPLOYER REQUIREMENTS. 

4 (a) APPLICATION OF NONDISPLACEMENT AND GOOD

5 FAITH RECRUITMENT REQUIREMENTS TO ALL H–1B 

6 EMPLOYERS.— 

7 (1) AMENDMENTS.—Section 212(n) of the Im8 migration and Nationality Act (8 U.S.C. 1182(n)) is 

9 amended— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (E); 

12 (I) in clause (i), by striking 

13 ‘‘(E)(i) In the case of an application 

14 described in clause (ii), the’’ and in15 serting ‘‘(E) The’’; and 

16 (II) by striking clause (ii); 

17 (ii) in subparagraph (F), by striking 

18 ‘‘In the case of’’ and all that follows 

19 through ‘‘where—’’ and inserting the fol20 lowing: ‘‘The employer will not place the 

21 nonimmigrant with another employer if— 

22 ’’; and 

23 (iii) in subparagraph (G), by striking 

24 ‘‘In the case of an application described in 


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1 subparagraph (E)(ii), subject’’ and insert2 ing ‘‘Subject’’; 

3 (B) in paragraph (2)— 

4 (i) in subparagraph (E), by striking 

5 ‘‘If an H–1B-dependent employer’’ and in6 serting ‘‘If an employer that employs H– 

7 1B nonimmigrants’’; and 

8 (ii) in subparagraph (F), by striking 

9 ‘‘The preceding sentence shall apply to an 

10 employer regardless of whether or not the 

11 employer is an H–1B-dependent em12 ployer.’’; and 

13 (C) by striking paragraph (3). 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by paragraph (1) shall apply to applications filed on 

16 or after the date of the enactment of this Act. 

17 (b) NONDISPLACEMENT REQUIREMENT.— 

18 (1) EXTENDING TIME PERIOD FOR NON19 DISPLACEMENT.—Section 212(n) of such Act, as 

20 amended by subsection (a), is further amended— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (E), by striking 

23 ‘‘90 days’’ each place it appears and in24 serting ‘‘180 days’’; 


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1 (ii) in subparagraph (F)(ii), by strik2 ing ‘‘90 days’’ each place it appears and 

3 inserting ‘‘180 days’’; and 

4 (B) in paragraph (2)(C)(iii), by striking 

5 ‘‘90 days’’ each place it appears and inserting 

6 ‘‘180 days’’. 

7 (2) EFFECTIVE DATE.—The amendments made 

8 by paragraph (1)— 

9 (A) shall apply to applications filed on or 

10 after the date of the enactment of this Act; and 

11 (B) shall not apply to displacements for 

12 periods occurring more than 90 days before 

13 such date. 

14 (c) H–1B NONIMMIGRANTS NOT ADMITTED FOR

15 JOBS ADVERTISED OR OFFERED ONLY TO H–1B NON16 IMMIGRANTS.—Section 212(n)(1) of such Act, as amended 

17 by this section, is further amended— 

18 (1) by inserting after subparagraph (G) the fol19 lowing: 

20 ‘‘(H)(i) The employer has not advertised 

21 the available jobs specified in the application in 

22 an advertisement that states or indicates that— 

23 ‘‘(I) the job or jobs are only available 

24 to persons who are or who may become H– 

25 1B nonimmigrants; or 


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1 ‘‘(II) persons who are or who may be2 come H–1B nonimmigrants shall receive 

3 priority or a preference in the hiring proc4 ess. 

5 ‘‘(ii) The employer has not only recruited 

6 persons who are, or who may become, H–1B 

7 nonimmigrants to fill the job or jobs.’’; and 

8 (2) in the undesignated paragraph at the end, 

9 by striking ‘‘The employer’’ and inserting the fol10 lowing: 

11 ‘‘(K) The employer’’. 

12 (d) LIMIT ON PERCENTAGE OF H–1B EMPLOY13 EES.—Section 212(n)(1) of such Act, as amended by this 

14 section, is further amended by inserting after subpara15 graph (H), as added by subsection (d)(1), the following: 

16 ‘‘(I) If the employer employs not less than 

17 50 employees in the United States, not more 

18 than 50 percent of such employees are H–1B 

19 nonimmigrants.’’. 

20 SEC. 421. H–1B GOVERNMENT AUTHORITY AND REQUIRE21 MENTS. 

22 (a) SAFEGUARDS AGAINST FRAUD AND MISREPRE23 SENTATION IN APPLICATION REVIEW PROCESS.—Section 

24 212(n)(1)(K) of the Immigration and Nationality Act, as 

25 redesignated by section 2(d)(2), is amended— 


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1 (1) by inserting ‘‘and through the Department 

2 of Labor’s website, without charge.’’ after ‘‘D.C.’’; 

3 (2) by inserting ‘‘, clear indicators of fraud, 

4 misrepresentation of material fact,’’ after ‘‘complete5 ness’’; 

6 (3) by striking ‘‘or obviously inaccurate’’ and 

7 inserting ‘‘, presents clear indicators of fraud or 

8 misrepresentation of material fact, or is obviously in9 accurate’’; 

10 (4) by striking ‘‘within 7 days of’’ and inserting 

11 ‘‘not later than 14 days after’’; and 

12 (5) by adding at the end the following: ‘‘If the 

13 Secretary’s review of an application identifies clear 

14 indicators of fraud or misrepresentation of material 

15 fact, the Secretary may conduct an investigation and 

16 hearing under paragraph (2).’’ 

17 (b) INVESTIGATIONS BY DEPARTMENT OF LABOR.— 

18 Section 212(n)(2) of such Act is amended— 

19 (1) in subparagraph (A)— 

20 (A) by striking ‘‘12 months’’ and inserting 

21 ‘‘24 months’’; and 

22 (B) by striking ‘‘The Secretary shall con23 duct’’ and all that follows and inserting ‘‘Upon 

24 the receipt of such a complaint, the Secretary 

25 may initiate an investigation to determine if 


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1 such a failure or misrepresentation has oc2 curred.’’; 

3 (2) in subparagraph (C)(i)— 

4 (A) by striking ‘‘a condition of paragraph 

5 (1)(B), (1)(E), or (1)(F)’’ and inserting ‘‘a con6 dition under subparagraph (B), (C)(i), (E), (F), 

7 (H), (I), or (J) of paragraph (1)’’; and 

8 (B) by striking ‘‘(1)(C)’’ and inserting 

9 ‘‘(1)(C)(ii)’’; 

10 (3) in subparagraph (G)— 

11 (A) in clause (i), by striking ‘‘if the Sec12 retary’’ and all that follows and inserting ‘‘with 

13 regard to the employer’s compliance with the 

14 requirements of this subsection.’’; 

15 (B) in clause (ii), by striking ‘‘and whose 

16 identity’’ and all that follows through ‘‘failure 

17 or failures.’’ and inserting ‘‘the Secretary of 

18 Labor may conduct an investigation into the 

19 employer’s compliance with the requirements of 

20 this subsection.’’; 

21 (C) in clause (iii), by striking the last sen22 tence; 

23 (D) by striking clauses (iv) and (v); 

24 (E) by redesignating clauses (vi), (vii), and 

25 (viii) as clauses (iv), (v), and (vi), respectively; 


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1 (F) in clause (iv), as redesignated, by 

2 striking ‘‘meet a condition described in clause 

3 (ii), unless the Secretary of Labor receives the 

4 information not later than 12 months’’ and in5 serting ‘‘comply with the requirements under 

6 this subsection, unless the Secretary of Labor 

7 receives the information not later than 24 

8 months’’; 

9 (G) by amending clause (v), as redesig10 nated, to read as follows: 

11 ‘‘(v) The Secretary of Labor shall pro12 vide notice to an employer of the intent to 

13 conduct an investigation. The notice shall 

14 be provided in such a manner, and shall 

15 contain sufficient detail, to permit the em16 ployer to respond to the allegations before 

17 an investigation is commenced. The Sec18 retary is not required to comply with this 

19 clause if the Secretary determines that 

20 such compliance would interfere with an 

21 effort by the Secretary to investigate or se22 cure compliance by the employer with the 

23 requirements of this subsection. A deter24 mination by the Secretary under this 


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1 clause shall not be subject to judicial re2 view.’’. 

3 (H) in clause (vi), as redesignated, by 

4 striking ‘‘An investigation’’ and all that follows 

5 through ‘‘the determination.’’ and inserting ‘‘If 

6 the Secretary of Labor, after an investigation 

7 under clause (i) or (ii), determines that a rea8 sonable basis exists to make a finding that the 

9 employer has failed to comply with the require10 ments under this subsection, the Secretary shall 

11 provide interested parties with notice of such 

12 determination and an opportunity for a hearing 

13 in accordance with section 556 of title 5, 

14 United States Code, not later than 120 days 

15 after the date of such determination.’’; and 

16 (I) by adding at the end the following: 

17 ‘‘(vii) If the Secretary of Labor, after 

18 a hearing, finds a reasonable basis to be19 lieve that the employer has violated the re20 quirements under this subsection, the Sec21 retary may impose a penalty under sub22 paragraph (C).’’; and 

23 (4) by striking subparagraph (H). 

24 (c) INFORMATION SHARING BETWEEN DEPARTMENT

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1 RITY.—Section 212(n)(2) of such Act, as amended by this 

2 section, is further amended by inserting after subpara3 graph (G) the following: 

4 ‘‘(H) The Director of United States Citi5 zenship and Immigration Services shall provide 

6 the Secretary of Labor with any information 

7 contained in the materials submitted by H–1B 

8 employers as part of the adjudication process 

9 that indicates that the employer is not com10 plying with H–1B visa program requirements. 

11 The Secretary may initiate and conduct an in12 vestigation and hearing under this paragraph 

13 after receiving information of noncompliance 

14 under this subparagraph.’’. 

15 (d) AUDITS.—Section 212(n)(2)(A) of such Act, as 

16 amended by this section, is further amended by adding 

17 at the end the following: ‘‘The Secretary may conduct sur18 veys of the degree to which employers comply with the re19 quirements under this subsection and may conduct annual 

20 compliance audits of employers that employ H–1B non21 immigrants. The Secretary shall conduct annual compli22 ance audits of not less than 1 percent of the employers 

23 that employ H–1B nonimmigrants during the applicable 

24 calendar year.’’ 


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1 (e) PENALTIES.—Section 212(n)(2)(C) of such Act, 

2 as amended by this section, is further amended— 

3 (1) in clause (i)(I), by striking ‘‘$1,000’’ and 

4 inserting ‘‘$2,000’’; 

5 (2) in clause (ii)(I), by striking ‘‘$5,000’’ and 

6 inserting ‘‘$10,000’’; and 

7 (3) in clause (vi)(III), by striking ‘‘$1,000’’ and 

8 inserting ‘‘$2,000’’. 

9 (f) INFORMATION PROVIDED TO H–1B NON10 IMMIGRANTS UPON VISA ISSUANCE.—Section 212(n) of 

11 such Act, as amended by this section, is further amended 

12 by inserting after paragraph (2) the following: 

13 ‘‘(3)(A) Upon issuing an H–1B visa to an ap14 plicant outside the United States, the issuing office 

15 shall provide the applicant with— 

16 ‘‘(i) a brochure outlining the employer’s 

17 obligations and the employee’s rights under 

18 Federal law, including labor and wage protec19 tions; and 

20 ‘‘(ii) the contact information for Federal 

21 agencies that can offer more information or as22 sistance in clarifying employer obligations and 

23 workers’ rights.’’. 

24 ‘‘(B) Upon the issuance of an H–1B visa to an 

25 alien inside the United States, the officer of the DeVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 partment of Homeland Security shall provide the ap2 plicant with— 

3 ‘‘(i) a brochure outlining the employer’s 

4 obligations and the employee’s rights under 

5 Federal law, including labor and wage protec6 tions; and 

7 ‘‘(ii) the contact information for Federal 

8 agencies that can offer more information or as9 sistance in clarifying employer’s obligations and 

10 workers’ rights.’’. 

11 SEC. 422. L–1 VISA FRAUD AND ABUSE PROTECTIONS. 

12 (a) IN GENERAL.—Section 214(c)(2) of the Immigra13 tion and Nationality Act (8 U.S.C. 1184(c)(2)) is amend14 ed— 

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

16 it appears and inserting ‘‘Secretary of Homeland Se17 curity’’; 

18 (2) in subparagraph (E), by striking ‘‘In the 

19 case of an alien spouse admitted under section 

20 101(a)(15)(L), who’’ and inserting ‘‘Except as pro21 vided in subparagraph (H), if an alien spouse admit22 ted under section 101(a)(15)(L)’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(G)(i) If the beneficiary of a petition 

25 under this subsection is coming to the United 


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1 States to open, or be employed in, a new facil2 ity, the petition may be approved for up to 12 

3 months only if the employer operating the new 

4 facility has— 

5 ‘‘(I) a business plan; 

6 ‘‘(II) sufficient physical premises to 

7 carry out the proposed business activities; 

8 and 

9 ‘‘(III) the financial ability to com10 mence doing business immediately upon 

11 the approval of the petition. 

12 ‘‘(ii) An extension of the approval period 

13 under clause (i) may not be granted until the 

14 importing employer submits an application to 

15 the Secretary of Homeland Security that con16 tains— 

17 ‘‘(I) evidence that the importing em18 ployer meets the requirements of this sub19 section; 

20 ‘‘(II) evidence that the beneficiary 

21 meets the requirements under section 

22 101(a)(15)(L); 

23 ‘‘(III) a statement summarizing the 

24 original petition; 


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1 ‘‘(IV) evidence that the importing em2 ployer has fully complied with the business 

3 plan submitted under clause (i)(I); 

4 ‘‘(V) evidence of the truthfulness of 

5 any representations made in connection 

6 with the filing of the original petition; 

7 ‘‘(VI) evidence that the importing 

8 employer, during the preceding 12 

9 months, has been doing business at 

10 the new facility through regular, sys11 tematic, and continuous provision of 

12 goods or services, or has otherwise 

13 been taking commercially reasonable 

14 steps to establish the new facility as a 

15 commercial enterprise; 

16 ‘‘(VII) a statement of the duties 

17 the beneficiary has performed at the 

18 new facility during the preceding 12 

19 months and the duties the beneficiary 

20 will perform at the new facility during 

21 the extension period approved under 

22 this clause; 

23 ‘‘(VIII) a statement describing 

24 the staffing at the new facility, includ25 ing the number of employees and the 


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1 types of positions held by such em2 ployees; 

3 ‘‘(IX) evidence of wages paid to 

4 employees; 

5 ‘‘(X) evidence of the financial 

6 status of the new facility; and 

7 ‘‘(XI) any other evidence or data 

8 prescribed by the Secretary. 

9 ‘‘(iii) Notwithstanding subclauses (I) 

10 through (VI) of clause (ii), and subject to 

11 the maximum period of authorized admis12 sion set forth in subparagraph (D), the 

13 Secretary of Homeland Security may ap14 prove a petition subsequently filed on be15 half of the beneficiary to continue employ16 ment at the facility described in this sub17 section for a period beyond the initially 

18 granted 12-month period if the importing 

19 employer demonstrates that the failure to 

20 satisfy any of the requirements described 

21 in those subclauses was directly caused by 

22 extraordinary circumstances beyond the 

23 control of the importing employer. 

24 ‘‘(iv) For purposes of determining the 

25 eligibility of an alien for classification 


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1 under section 101(a)(15)(L), the Secretary 

2 of Homeland Security shall work coopera3 tively with the Secretary of State to verify 

4 a company or facility’s existence in the 

5 United States and abroad.’’. 

6 (b) INVESTIGATIONS AND AUDITS BY DEPARTMENT

7 OF HOMELAND SECURITY.— 

8 (1) DEPARTMENT OF HOMELAND SECURITY IN9 VESTIGATIONS.—Section 214(c)(2) of such Act, as 

10 amended by this section, is further amended by add11 ing at the end the following: 

12 ‘‘(I)(i) The Secretary of Homeland Secu13 rity may initiate an investigation of any em14 ployer that employs nonimmigrants described in 

15 section 101(a)(15)(L) with regard to the em16 ployer’s compliance with the requirements of 

17 this subsection. 

18 ‘‘(ii) If the Secretary of Homeland Secu19 rity receives specific credible information from a 

20 source who is likely to have knowledge of an 

21 employer’s practices, employment conditions, or 

22 compliance with the requirements under this 

23 subsection, the Secretary may conduct an inves24 tigation into the employer’s compliance with the 

25 requirements of this subsection. The Secretary 


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1 may withhold the identity of the source from 

2 the employer, and the source’s identity shall not 

3 be subject to disclosure under section 552 of 

4 title 5. 

5 ‘‘(iii) The Secretary of Homeland Security 

6 shall establish a procedure for any person desir7 ing to provide to the Secretary of Homeland Se8 curity information described in clause (ii) that 

9 may be used, in whole or in part, as the basis 

10 for the commencement of an investigation de11 scribed in such clause, to provide the informa12 tion in writing on a form developed and pro13 vided by the Secretary of Homeland Security 

14 and completed by or on behalf of the person. 

15 ‘‘(iv) No investigation described in clause 

16 (ii) (or hearing described in clause (vi) based on 

17 such investigation) may be conducted with re18 spect to information about a failure to comply 

19 with the requirements under this subsection, 

20 unless the Secretary of Homeland Security re21 ceives the information not later than 24 months 

22 after the date of the alleged failure. 

23 ‘‘(v) Before commencing an investigation 

24 of an employer under clause (i) or (ii), the Sec25 retary of Homeland Security shall provide noVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 tice to the employer of the intent to conduct 

2 such investigation. The notice shall be provided 

3 in such a manner, and shall contain sufficient 

4 detail, to permit the employer to respond to the 

5 allegations before an investigation is com6 menced. The Secretary is not required to com7 ply with this clause if the Secretary determines 

8 that to do so would interfere with an effort by 

9 the Secretary to investigate or secure compli10 ance by the employer with the requirements of 

11 this subsection. There shall be no judicial re12 view of a determination by the Secretary under 

13 this clause. 

14 ‘‘(vi) If the Secretary of Homeland Secu15 rity, after an investigation under clause (i) or 

16 (ii), determines that a reasonable basis exists to 

17 make a finding that the employer has failed to 

18 comply with the requirements under this sub19 section, the Secretary shall provide interested 

20 parties with notice of such determination and 

21 an opportunity for a hearing in accordance with 

22 section 556 of title 5, United States Code, not 

23 later than 120 days after the date of such de24 termination. If such a hearing is requested, the 

25 Secretary shall make a finding concerning the 


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1 matter by not later than 120 days after the 

2 date of the hearing. 

3 ‘‘(vii) If the Secretary of Homeland Secu4 rity, after a hearing, finds a reasonable basis to 

5 believe that the employer has violated the re6 quirements under this subsection, the Secretary 

7 may impose a penalty under section 

8 214(c)(2)(J).’’. 

9 (2) AUDITS.—Section 214(c)(2)(I) of such Act, 

10 as added by paragraph (1), is amended by adding at 

11 the end the following: 

12 ‘‘(viii) The Secretary of Homeland Se13 curity may conduct surveys of the degree 

14 to which employers comply with the re15 quirements under this section and may 

16 conduct annual compliance audits of em17 ployers that employ H–1B nonimmigrants. 

18 The Secretary shall conduct annual compli19 ance audits of not less than 1 percent of 

20 the employers that employ nonimmigrants 

21 described in section 101(a)(15)(L) during 

22 the applicable calendar year.’’. 

23 (3) REPORTING REQUIREMENT.—Section 

24 214(c)(8) of such Act is amended by inserting 

25 ‘‘(L),’’ after ‘‘(H),’’. 


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1 (c) PENALTIES.—Section 214(c)(2) of such Act, as 

2 amended by this section, is further amended by adding 

3 at the end the following: 

4 ‘‘(J)(i) If the Secretary of Homeland Secu5 rity finds, after notice and an opportunity for 

6 a hearing, a failure by an employer to meet a 

7 condition under subparagraph (F), (G), (H), 

8 (I), or (K) or a misrepresentation of material 

9 fact in a petition to employ 1 or more aliens as 

10 nonimmigrants described in section 

11 101(a)(15)(L)— 

12 ‘‘(I) the Secretary of Homeland Secu13 rity may impose such other administrative 

14 remedies (including civil monetary pen15 alties in an amount not to exceed $2,000 

16 per violation) as the Secretary determines 

17 to be appropriate; and 

18 ‘‘(II) the Secretary of Homeland Se19 curity may not, during a period of at least 

20 1 year, approve a petition for that em21 ployer to employ 1 or more aliens as such 

22 nonimmigrants. 

23 ‘‘(ii) If the Secretary of Homeland Secu24 rity finds, after notice and an opportunity for 

25 a hearing, a willful failure by an employer to 


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1 meet a condition under subparagraph (F), (G), 

2 (H), (I), or (K) or a misrepresentation of mate3 rial fact in a petition to employ 1 or more 

4 aliens as nonimmigrants described in section 

5 101(a)(15)(L)— 

6 ‘‘(I) the Secretary of Homeland Secu7 rity may impose such other administrative 

8 remedies (including civil monetary pen9 alties in an amount not to exceed $10,000 

10 per violation) as the Secretary determines 

11 to be appropriate; and 

12 ‘‘(II) the Secretary of Homeland Se13 curity may not, during a period of at least 

14 2 years, approve a petition filed for that 

15 employer to employ 1 or more aliens as 

16 such nonimmigrants. 

17 ‘‘(iii) If the Secretary of Homeland Secu18 rity finds, after notice and an opportunity for 

19 a hearing, a willful failure by an employer to 

20 meet a condition under subparagraph (L)(i)— 

21 ‘‘(I) the Secretary of Homeland Secu22 rity may impose such other administrative 

23 remedies (including civil monetary pen24 alties in an amount not to exceed $10,000 


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1 per violation) as the Secretary determines 

2 to be appropriate; and 

3 ‘‘(II) the employer shall be liable to 

4 employees harmed for lost wages and bene5 fits.’’. 

6 SEC. 423. WHISTLEBLOWER PROTECTIONS. 

7 (a) H–1B WHISTLEBLOWER PROTECTIONS.—Section 

8 212(n)(2)(C)(iv) of the Immigration and Nationality Act 

9 (8 U.S.C. 1182(n)(2)(C)(iv)) is amended— 

10 (1) by inserting ‘‘take, fail to take, or threaten 

11 to take or fail to take, a personnel action, or’’ before 

12 ‘‘to intimidate’’; and 

13 (2) by adding at the end the following: ‘‘An em14 ployer that violates this clause shall be liable to the 

15 employees harmed by such violation for lost com16 pensation, including back pay.’’. 

17 (b) L–1 WHISTLEBLOWER PROTECTIONS.—Section 

18 214(c)(2) of such Act, as amended by section 4, is further 

19 amended by adding at the end the following: 

20 ‘‘(L)(i) It is a violation of this subpara21 graph for an employer who has filed a petition 

22 to import 1 or more aliens as nonimmigrants 

23 described in section 101(a)(15)(L) to take, fail 

24 to take, or threaten to take or fail to take, a 

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1 strain, coerce, blacklist, discharge, or discrimi2 nate in any other manner against an employee 

3 because the employee— 

4 ‘‘(I) has disclosed information that 

5 the employee reasonably believes evidences 

6 a violation of this subsection, or any rule 

7 or regulation pertaining to this subsection; 

8 or 

9 ‘‘(II) cooperates or seeks to cooperate 

10 with the requirements of this subsection, 

11 or any rule or regulation pertaining to this 

12 subsection. 

13 ‘‘(ii) An employer that violates this sub14 paragraph shall be liable to the employees 

15 harmed by such violation for lost wages and 

16 benefits. 

17 ‘‘(iii) In this subparagraph, the term ‘‘em18 ployee’’ includes— 

19 ‘‘(I) a current employee; 

20 ‘‘(II) a former employee; and 

21 ‘‘(III) an applicant for employment.’’. 

22 SEC. 424. LIMITATIONS ON APPROVAL OF L–1 PETITIONS 

23 FOR START-UP COMPANIES. 

24 Section 214(c)(2) of the Immigration and Nationality 

25 Act (8 U.S.C. 1184(c)(2)) is amended— 


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1 (a) by striking ‘‘Attorney General’’ each place it ap2 pears and inserting ‘‘Secretary of Homeland Security’’; 

3 (b) in subparagraph (E), by striking ‘‘In the case’’ 

4 and inserting ‘‘Except as provided in subparagraph (H), 

5 in the case’’; and 

6 (c) by adding at the end the following: 

7 (G)(i) If the beneficiary of a petition under 

8 this subsection is coming to the United States 

9 to be employed in a new office, the petition may 

10 be approved for a period not to exceed 12 

11 months only if the alien has not been the bene12 ficiary of two or more petitions under this sub13 paragraph within the immediately preceding 

14 two years and only if the employer operating 

15 the new office has— 

16 ‘‘(I) an adequate business plan; 

17 ‘‘(II) sufficient physical premises to 

18 carry out the proposed business activities; 

19 and 

20 ‘‘(III) the financial ability to com21 mence doing business immediately upon 

22 the approval of the petition. 

23 ‘‘(ii) An extension of the approval period 

24 under clause (i) may not be granted until the 


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1 importing employer submits to the Secretary of 

2 Homeland Security— 

3 ‘‘(I) evidence that the importing em4 ployer meets the requirements of this sub5 section; 

6 ‘‘(II) evidence that the beneficiary 

7 meets the requirements of section 

8 101(a)(15)(L); 

9 ‘‘(III) a statement summarizing the 

10 original petition; 

11 ‘‘(IV) evidence that the importing em12 ployer has substantially complied with the 

13 business plan submitted under clause (i); 

14 ‘‘(V) evidence of the truthfulness of 

15 any representations made in connection 

16 with the filing of the original petition if re17 quested by the Secretary; 

18 ‘‘(VI) evidence that the importing em19 ployer, from the date of petition approval 

20 under clause (i), has been doing business 

21 at the new office through regular, system22 atic, and continuous provision of goods or 

23 services; 

24 ‘‘(VII) a statement of the duties the 

25 beneficiary has performed at the new office 


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1 during the approval period under clause (i) 

2 and the duties the beneficiary will perform 

3 at the new office during the extension pe4 riod approved under this clause; 

5 ‘‘(VIII) a statement describing the 

6 staffing at the new office, including the 

7 number of employees and the types of posi8 tions held by such employees; 

9 ‘‘(IX) evidence of wages paid to em10 ployees if the beneficiary will be employed 

11 in a managerial or executive capacity; 

12 ‘‘(X) evidence of the financial 

13 status of the new office; and 

14 ‘‘(XI) any other evidence or data 

15 prescribed by the Secretary. 

16 ‘‘(iii) A new office employing the ben17 eficiary of an L–1 petition approved under 

18 this subparagraph must do business 

19 through regular, systematic, and contin20 uous provision of goods or services for the 

21 entire period of petition approval. 

22 ‘‘(iv) Notwithstanding clause (iii) or 

23 subclauses (I) through (VI) of clause (ii), 

24 and subject to the maximum period of au25 thorized admission set forth in subparaVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 graph (D), the Secretary of Homeland Se2 curity may in his discretion approve a sub3 sequently filed petition on behalf of the 

4 beneficiary to continue employment at the 

5 office described in this subsection for a pe6 riod beyond the initially granted 12-month 

7 period if the importing employer has been 

8 doing business at the new office through 

9 regular, systematic, and continuous provi10 sion of goods or services for the 6 months 

11 immediately preceding the date of exten12 sion petition filing and demonstrates that 

13 the failure to satisfy any of the require14 ments described in those subclauses was 

15 directly caused by extraordinary cir16 cumstances, as determined by the Sec17 retary in his discretion. 

18 ‘‘(H)(i) The Secretary of Homeland Secu19 rity may not authorize the spouse of an alien 

20 described under section 101(a)(15)(L), who is a 

21 dependent of a beneficiary under subparagraph 

22 (G), to engage in employment in the United 

23 States during the initial 12-month period de24 scribed in subparagraph (G)(i). 


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1 ‘‘(ii) A spouse described in clause (i) may 

2 be provided employment authorization upon the 

3 approval of an extension under subparagraph 

4 (G)(ii). 

5 ‘‘(I) For purposes of determining the 

6 eligibility of an alien for classification 

7 under section 101(a)(15)(L) of this Act, 

8 the Secretary of Homeland Security shall 

9 establish procedures with the Department 

10 of State to verify a company or office’s ex11 istence in the United States and abroad.’’ 

12 SEC. 425. MEDICAL SERVICES IN UNDERSERVED AREAS. 

13 (a) PERMANENT AUTHORIZATION OF THE CONRAD

14 PROGRAM.— 

15 (1) IN GENERAL.—Section 220(c) of the Immi16 gration and Nationality Technical Corrections Act of 

17 1994 (8 U.S.C. 1182 note) (as amended by section 

18 1(a) of Public Law 108–441 and section 2 of Public 

19 Law 109–477) is amended by striking ‘‘and before 

20 June 1, 2008.’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect as if enacted on 

23 June 1, 2007. 


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1 (b) PILOT PROGRAM REQUIREMENTS.—Section 

2 214(l) of the Immigration and Nationality Act (8 U.S.C. 

3 1184(l)) is amended— 

4 (1) by adding at the end the following: 

5 ‘‘(4)(A) Notwithstanding paragraph (1)(B), the 

6 Secretary of Homeland Security may grant up to a 

7 total of 50 waivers for a State under section 212(e) 

8 in a fiscal year if, after the first 30 such waivers for 

9 the State are granted in that fiscal year— 

10 ‘‘(i) an interested State agency requests a 

11 waiver; and 

12 ‘‘(ii) the requirements under subparagraph 

13 (B) are met. 

14 ‘‘(B) The requirements under this subpara15 graph are met if— 

16 ‘‘(i) fewer than 20 percent of the physician 

17 vacancies in the health professional shortage 

18 areas of the State, as designated by the Sec19 retary of Health and Human Services, were 

20 filled in the most recent fiscal year; 

21 ‘‘(ii) all of the waivers allotted for the 

22 State under paragraph (1)(B) were used in the 

23 most recent fiscal year; and 

24 ‘‘(iii) all underserved highly rural States— 


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1 ‘‘(I) used the minimum guaranteed 

2 number of waivers under section 212(e) in 

3 health professional shortage areas in the 

4 most recent fiscal year; or 

5 ‘‘(II) all agreed to waive the right to 

6 receive the minimum guaranteed number 

7 of such waivers. 

8 ‘‘(C) In this paragraph: 

9 ‘‘(i) The term ‘health professional shortage 

10 area’ has the meaning given the term in section 

11 332(a)(1) of the Public Health Service Act (42 

12 U.S.C. 254e(a)(1)); 

13 ‘‘(ii) The term ‘underserved highly rural 

14 State’ means a State with at least 30 counties 

15 with a population density of not more than 10 

16 people per square mile, based on the latest 

17 available decennial census conducted by the Bu18 reau of Census. 

19 ‘‘(iii) The term ‘minimum guaranteed 

20 number’ means— 

21 ‘‘(I) for the first fiscal year of the 

22 pilot program, 15; 

23 ‘‘(II) for each subsequent fiscal year, 

24 the sum of— 


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1 ‘‘(aa) the minimum guaranteed 

2 number for the second fiscal year; and 

3 ‘‘(bb) 3, if any State received ad4 ditional waivers under this paragraph 

5 in the first fiscal year. 

6 ‘‘(III) for the third fiscal year, the 

7 sum of— 

8 ‘‘(aa) the minimum guaranteed 

9 number for the second fiscal year; and 

10 ‘‘(bb) 3, if any State received ad11 ditional waivers under this paragraph 

12 in the first fiscal year.’’. 

13 (c) TERMINATION DATE.—The authority provided by 

14 the amendments made by subsection (b) shall expire on 

15 September 30, 2011. 

16 (d) Section 212(j) of the Immigration and Nation17 ality Act (8 U.S.C. 1182(j)) is amended by— 

18 (1) revising the preamble of paragraph (2) to 

19 read ‘‘An alien who has graduated from a medical 

20 school and who is coming to the United States to 

21 practice primary care or specialty medicine as a 

22 member of the medical profession may not be admit23 ted as a nonimmigrant under section 

24 1101(a)(15)(H)(i)(b) of this title unless—’’ 


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1 (2) redesignating paragraph (2) as paragraph 

2 (3); 

3 (3) adding new paragraph (2) to read— 

4 ‘‘(2)(A) An alien who is coming to the United 

5 States to receive graduate medical education or 

6 training (or seeks to acquire status as a non7 immigrant under section 1101(a)(15)(J) to receive 

8 graduate medical education or training) may not 

9 change status under section 1258 to a nonimmigrant 

10 under section 1101(a)(15)(H)(i)(b) until the alien 

11 graduates from the medical education or training 

12 program and meets the requirements of paragraph 

13 (3)(B). 

14 ‘‘(B) Any occupation that an alien described in 

15 paragraph (2)(A) may be employed in while receiv16 ing graduate medical education or training shall not 

17 be deemed a ‘‘specialty occupation’’ within the 

18 meaning of section 1184(i) for purposes of section 

19 1101(a)(15)(H)(i)(b).’’ 

20 (e) Section 101(a)(15)(J) is amended by adding ‘‘(ex21 cept an alien coming to the United States to receive grad22 uate medical education or training)’’ after ‘‘abandoning’’. 

23 (f) Section 214(h) of the Immigration and Nation24 ality Act (8 U.S.C. 1184(h)) is amended by inserting 

25 ‘‘(E), (J) who is coming to the United States to receive 


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1 graduate medical education or training,’’ after ‘‘subpara2 graph’’ where that term first appears. 

3 (g) MEDICAL RESIDENTS INELIGIBLE FOR H–1B 

4 NONIMMIGRANT STATUS.—Section 214(i) of the Immigra5 tion and Nationality Act (8 U.S.C. 1184(i)) is amended 

6 to read— 

7 ‘‘(1) Except as provided in paragraph (3), for 

8 purposes of section 101(a)(15)(H)(i)(b), section 

9 101(a)(15)(E)(iii), and paragraph (2), the term 

10 ‘‘specialty occupation’’— 

11 ‘‘(A) means an occupation that requires— 

12 ‘‘(i) theoretical and practical applica13 tion of a body of highly specialized knowl14 edge, and 

15 ‘‘(ii) attainment of a bachelor’s or 

16 higher degree in the specific specialty (or 

17 its equivalent) as a minimum for entry into 

18 the occupation in the United States; and 

19 ‘‘(B) shall not include graduate medical 

20 education or training.’’ 

21 (h) Section 214(l) of the Immigration and Nationality 

22 Act (8 U.S.C. 1184(l)) is amended— 

23 (1) in paragraph (1)(C)(i) by striking ‘‘Attor24 ney General’’ and inserting ‘‘Secretary of Homeland 

25 Security’’; 


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1 (2) in paragraph (1)(C) by striking subclause 

2 (ii) and inserting the following: 

3 ‘‘(ii) the alien has accepted employ4 ment with the health facility or health care 

5 organization and agrees to continue to 

6 work for a total of not less than 3 years; 

7 and 

8 ‘‘(iii) the alien begins employment 

9 within 90 days of: 

10 ‘‘(I) receiving such waiver; or 

11 ‘‘(II) receiving nonimmigrant sta12 tus or employment authorization pur13 suant to an application filed under 

14 paragraph (2)(A) (if such application 

15 is filed with 90 days of eligibility of 

16 completing graduate medical edu17 cation or training under a program 

18 approved pursuant to section 

19 212(j)(1)); 

20 ‘‘whichever is latest.’’ 

21 (3) by striking at the end ‘‘.’’, inserting ‘‘; or’’ 

22 and adding new paragraph (1)(E) to read— 

23 ‘‘(E) in the case of a request by an inter24 ested State agency, the alien agrees to practice 

25 primary care or specialty medicine care, for a 


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1 continuous period of 2 years, only at a federally 

2 qualified health facility, health care organiza3 tion or center, or in a rural health clinic that 

4 is located in: 

5 ‘‘(i) a geographic area which is des6 ignated by the Secretary of Health and 

7 Human Services as having a shortage of 

8 health care professionals; and 

9 ‘‘(ii) a State that utilized less than 10 

10 of the total allotted waivers for the State 

11 under paragraph (1)(B) (excluding the 

12 number of waivers available pursuant to 

13 paragraph (1)(D)(ii)) in the most recent 

14 fiscal year.’’ 

15 (4) in paragraph (2), by amending subpara16 graph (A) to read as follows: 

17 ‘‘(A) Notwithstanding section 248(a)(2), 

18 upon submission of a request to an interested 

19 Federal agency or an interested State agency 

20 for recommendation of a waiver under this sec21 tion by a physician who is maintaining valid 

22 nonimmigrant status under section 

23 101(a)(15)(J), the Secretary of Homeland Se24 curity may accept as properly filed an applica25 tion to change the status of such physician to 


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1 [any applicable nonimmigrant status]. Upon fa2 vorable recommendation by the Secretary of 

3 State of such request, and approval by the Sec4 retary of Homeland Security the waiver under 

5 this section, the Secretary of Homeland Secu6 rity may change the status of such physician to 

7 that of [an appropriate nonimmigrant status.]’’ 

8 (5) in paragraph (3)(A) amended by inserting 

9 ‘‘requirement of or’’ before ‘‘agreement entered 

10 into’’. 

11 (i) PERIOD OF AUTHORIZED ADMISSION FOR PHYSI12 CIANS ON H–1B VISAS WHO WORK IN MEDICALLY UNDER13 SERVED COMMUNITIES.—Section 214(g)(5), as renum14 bered by Section 405 and amended by Section 719(c), is 

15 further amended by adding at the end the following new 

16 subparagraph: 

17 ‘‘(D) The period of authorized admission 

18 under subparagraph (A) shall not apply to an 

19 alien physician who fulfills the requirements of 

20 section 214(l)(1)(E) and who has practiced pri21 mary or specialty care in a medically under22 served community for a continuous period of 5 

23 years.’’ 


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1 SEC. 426. B–1 VISITOR VISA GUIDELINES AND DATA TRACK2 ING SYSTEMS. 

3 (a) GUIDELINES.— 

4 (1) IN GENERAL.—Not later than 6 months 

5 after the date of enactment of this Act— 

6 (A) the Secretary of State shall review ex7 isting regulations or internal guidelines relating 

8 to the decisionmaking process with respect to 

9 the issuance of B–1 visas by consular officers 

10 and determine whether modifications are nec11 essary to ensure that such officers make deci12 sions with respect to the issuance of B–1 visas 

13 as consistently as possible while ensuring secu14 rity and maintaining officer discretion over such 

15 issuance determinations; and 

16 (B) the Secretary of Homeland Security 

17 shall review existing regulations or internal 

18 guidelines relating to the decisionmaking proc19 ess of Customs and Border Protection officers 

20 concerning whether travelers holding a B–1 vis21 itor visa are admissible to the United States 

22 and the appropriate length of stay and shall de23 termine whether modifications are necessary to 

24 ensure that such officers make decisions with 

25 respect to travelers admissibility and length of 

26 stay as consistently as possible while ensuring 


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1 security and maintaining officer discretion over 

2 such determinations. 

3 (2) MODIFICATION.—If after conducting the re4 views under paragraph (1), the Secretary of State or 

5 the Secretary of Homeland Security determine that 

6 modifications to existing regulations or internal 

7 guidelines, or the establishment of new regulations 

8 or guidelines, are necessary, the relevant Secretary 

9 shall make such modifications during the 6-month 

10 period referred to in such paragraph. 

11 (3) CONSULTATIONS.—In making determina12 tions and preparing guidelines under paragraph (1), 

13 the Secretary of State and the Secretary of Home14 land Security shall consult with appropriate stake15 holders, including consular officials and immigration 

16 inspectors. 

17 (b) DATA TRACKING SYSTEMS.— 

18 (1) IN GENERAL.—Not later than 18 months 

19 after the date of enactment of this Act— 

20 (A) the Secretary of State shall develop 

21 and implement a system to track aggregate 

22 data relating to the issuance of B–1 visitor 

23 visas in order to ensure the consistent applica24 tion of the guidelines established under sub25 section (a)(1)(A); and 


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1 (B) the Secretary of Homeland Security 

2 shall develop and implement a system to track 

3 aggregate data relating to admissibility deci4 sion, and length of stays under, B–1 visitor 

5 visas in order to ensure the consistent applica6 tion of the guidelines established under sub7 section (a)(1)(B). 

8 (2) LIMITATION.—The systems implemented 

9 under paragraph (1) shall not store or track person10 ally identifiable information, except that this para11 graph shall not be construed to limit the application 

12 of any other system that is being implemented by 

13 the Department of State or the Department of 

14 Homeland Security to track travelers or travel to the 

15 United States. 

16 (c) PUBLIC EDUCATION.—The Secretary of State 

17 and the Secretary of Homeland Security shall carry out 

18 activities to provide guidance and education to the public 

19 and to visa applicants concerning the nature, purposes, 

20 and availability of the B–1 visa for business travelers. 

21 (d) REPORT.—Not later than 6 and 18 months after 

22 the date of enactment of this Act, the Secretary of State 

23 and the Secretary of Homeland Security shall submit to 

24 Congress, reports concerning the status of the implemen25 tation of this section. 


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1 SEC. 427. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this title, and the amend4 ments made by this title. 

5 TITLE V—IMMIGRATION 

6 BENEFITS 

7 SEC. 501. REBALANCING OF IMMIGRANT VISA ALLOCATION. 

8 (a) FAMILY-SPONSORED IMMIGRANTS.—Section 

9 201(c) of the Immigration and Nationality Act (8 U.S.C. 

10 1151(c)) is amended to read as follows: 

11 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

12 IMMIGRANTS.— 

13 ‘‘(1) For each fiscal year until visas needed for 

14 petitions described in section 503(f)(2) of the [Insert 

15 title of Act] become available, the worldwide level of 

16 family-sponsored immigrants under this subsection 

17 is 567,000 for petitions for classifications under 

18 203(a), plus any immigrant visas not required for 

19 the class specified in (d). 

20 ‘‘(2) Except as provided in paragraph (1), the 

21 worldwide level of family-sponsored immigrants 

22 under this subsection for a fiscal year is 127,000, 

23 plus any immigrant visas not required for the class 

24 specified in (d).’’. 


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1 (b) MERIT-BASED IMMIGRANTS.—Section 201(d) of 

2 the Immigration and Nationality Act (8 U.S.C. 1151(d)) 

3 is amended to read as follows: 

4 ‘‘(d) WORLDWIDE LEVEL OF MERIT-BASED, SPE5 CIAL, AND EMPLOYMENT CREATION IMMIGRANTS.— 

6 ‘‘(1) IN GENERAL.—The worldwide level of 

7 merit-based, special, and employment creation immi8 grants under this subsection for a fiscal year— 

9 ‘‘(A) for the first five fiscal years shall be 

10 equal to the number of immigrant visas made 

11 available to aliens seeking immigrant visas 

12 under section 203(b) of this Act for fiscal year 

13 2005, plus any immigrant visas not required for 

14 the class specified in (c), of which: 

15 ‘‘(i) at least 10,000 will be for excep16 tional aliens in nonimmigrant status under 

17 section 101(a)(15)(Y); and 

18 ‘‘(ii) 90,000 will be for aliens who 

19 were the beneficiaries of an application 

20 that was pending or approved at the time 

21 of the effective date of this section, per 

22 Section 502(d) of the [Insert title of Act]. 

23 ‘‘(B) stating in the sixth fiscal year, shall 

24 be equal to 140,000 for each fiscal year until 

25 aliens described in section 101(a)(15)(Z) of this 


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1 Act first become eligible for an immigrant visa, 

2 plus any immigrant visas not required for the 

3 class specified in (c), of which: 

4 ‘‘(i) at least 10,000 will be for excep5 tional aliens in nonimmigrant status under 

6 section 101(a)(15)(Y); and 

7 ‘‘(ii) no more than 90,000 will be for 

8 aliens who were the beneficiaries of an ap9 plication that was pending or approved at 

10 the time of the effective date of this sec11 tion, per Section 502(d) of the [Insert title 

12 of Act]. 

13 ‘‘(C)(i) 380,000, for each fiscal year start14 ing in the first fiscal year in which aliens de15 scribed in section 101(a)(15)(Z) of this Act be16 come eligible for an immigrant visa, of which at 

17 least 10,000 will be for exceptional aliens in 

18 nonimmigrant status under section 

19 101(a)(15)(Y), plus any immigrant visas not re20 quired for the class specified in (c); plus 

21 ‘‘(ii) the temporary supplemental allocation 

22 of additional visas described in paragraph (2) 

23 for nonimmigrants described in section 

24 101(a)(15)(Z). 


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1 ‘‘(2) TEMPORARY SUPPLEMENTAL ALLOCA2 TION.—The temporary supplemental allocation of 

3 visas described in this paragraph is as follows: 

4 ‘‘(A) for the first five fiscal years in which 

5 aliens described in section 101(a)(15)(Z) of this 

6 Act are eligible for an immigrant visa, the num7 ber calculated pursuant to section 503(f)(2) of 

8 the [Insert title of Act]; 

9 ‘‘(B) in the sixth fiscal year in which aliens 

10 described in section 101(a)(15)(Z) of this Act 

11 are eligible for an immigrant visa, the number 

12 calculated pursuant to section 503(f)(3) of [In13 sert title of Act]; and 

14 ‘‘(C) starting in the seventh fiscal year in 

15 which aliens described in section 101(a)(15)(Z) 

16 of this Act are eligible for an immigrant visa, 

17 the number equal to the number of Z non18 immigrants who became aliens admitted for 

19 permanent residence based on the merit-based 

20 evaluation system in the prior fiscal year until 

21 no further Z nonimmigrants adjust status; 

22 ‘‘(3) TERMINATION OF TEMPORARY SUPPLE23 MENTAL ALLOCATION.—The temporary supple24 mental allocation of visas shall terminate when the 


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1 number of visas calculated pursuant to paragraph 

2 (2)(C) is zero. 

3 ‘‘(4) LIMITATION.—The temporary supple4 mental visas in paragraph (2) shall not be awarded 

5 to any individual other than an individual described 

6 in section 101(a)(15)(Z). 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the first day of the fiscal 

9 year subsequent to the fiscal year of enactment. 

10 SEC. 502. INCREASING AMERICAN COMPETITIVENESS 

11 THROUGH A MERIT-BASED EVALUATION SYS12 TEM FOR IMMIGRANTS. 

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that the United States benefits from a work force 

15 that has diverse skills, experience and training. 

16 (b) CREATION OF MERIT-BASED EVALUATION SYS17 TEM FOR IMMIGRANTS AND REALLOCATION OF VISAS.— 

18 Section 203(b) of the Immigration and Nationality Act (8 

19 U.S.C. 1153(b)) is amended by— 

20 (1) striking paragraphs (1), (2), and (3) and 

21 inserting the following: 

22 ‘‘(1) MERIT-BASED IMMIGRANTS.—Visas shall 

23 first be made available in a number not to exceed 95 

24 percent of such worldwide level, plus any visas not 

25 required for the classes in paragraphs (2) and (3), 


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1 to qualified immigrants selected through a merit2 based evaluation system. 

3 ‘‘(A) The merit-based evaluation system 

4 shall initially consist of the following criteria 

5 and weights: 

Category Description Max pts 

Employment 47 

Occupation U.S. employment in Specialty Occupation (DoL 

definition)—20 pts 

U.S. employment in High 

Demand Occupation 

(BLS largest 10-yr job 

growth, top 30) 

National interest/critical 

infrastructure— 

16 pts 

U.S. employment in STEM 

or health occupation, current for at least 1 year— 

8 pts (extraordinary or 

ordinary) 

Employer endorsement A U.S. employer willing to 

pay 50% of LPR application fee either 1) offers a 

job, or 2) attests for a 

current employee—6 pts 

Experience Years of work for U.S. 

firm—2 pts/year (max 

10 pts) 

Age of worker Worker’s age: 25–39—3 

pts 

Education M.D., M.B.A., Graduate degree, etc.—20 pts 28 

(terminal degree) Bachelor’s degree—16 pts 

Associate’s degree—10 pts 

High School diploma or 

GED—6 pts 

Completed certified Perkins 

Vocational Education 

program—5 pts 

Completed DoL Registered 

Apprenticeship—8 pts 

STEM, assoc & above—8 

pts 

English & civics Native speaker of English 15 

or TOEFL score of 75 or 

higher—15 pts 


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Category Description Max pts 

TOEFL score of 60–74— 

10 pts 

Pass USCIS Citizenship 

Tests in English & 

Civics—6 pts 

Extended family (Applied if threshold of 

55 in above categories.) 

Adult (21 or older) son or 

daughter of USC—8 pts 

10 

Adult (21 or older) son or 

daughter of LPR—6 pts 

Sibling of USC or LPR—4 

pts 

If had applied for a family 

visa in any of the above 

categories after May 1, 

2005—2 pts 

100 

Supplemental schedule for Zs 

Agriculture National Interest Worked in agriculture for 3 

years, 150 days per 

year—21 pts 

25 

Worked in agriculture for 4 

years (150 days for 3 

years, 100 days for 1 

year)—23 pts 

Worked in agriculture for 5 

years, 100 days per 

year—25 pts 

U.S. employment exp. Year of lawful employment—1 pt 15 

Home ownership Own place of residence—1 

pt/year owned 

5 

Medical Insurance Current medical insurance 

for entire family 

5 

1 ‘‘(B) The Secretary of Homeland Security, 

2 after consultation with the Secretaries of Com3 merce and Labor, shall establish procedures to 

4 adjudicate petitions filed pursuant to the merit5 based evaluation system. The Secretary may esVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 tablish a time period in a fiscal year in which 

2 such petitions must be submitted. 

3 ‘‘(C) The Standing Commission on Immi4 gration and Labor Markets established pursu5 ant to Section 407 of the [Insert title of Act] 

6 shall submit recommendations to Congress con7 cerning the establishment of procedures for 

8 modifying the selection criteria and relative 

9 weights accorded such criteria in order to en10 sure that the merit-based evaluation system 

11 corresponds to the current needs of the United 

12 States economy and the national interest. 

13 ‘‘(D) No modifications to the selection cri14 teria and relative weights accorded such criteria 

15 that are established by the [Insert title of Act] 

16 should take effect earlier than the sixth fiscal 

17 year in which aliens described in section 

18 101(a)(15)(Z) of this Act are eligible for an im19 migrant visa. 

20 ‘‘(E) The application of the selection cri21 teria to any particular visa petition or applica22 tion pursuant to the merit-based evaluation sys23 tem shall be within the Secretary’s sole and 

24 unreviewable discretion. 


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1 ‘‘(F) Any petition filed pursuant to this 

2 paragraph that has not been found by the Sec3 retary to have qualified in the merit-based eval4 uation system shall be deemed denied on the 

5 first day of the third fiscal year following the 

6 date of such application. Such denial shall not 

7 preclude the petitioner from filing a successive 

8 petition pursuant to this paragraph. Notwith9 standing this paragraph, the Secretary may 

10 deny a petition when denial is appropriate 

11 under other provisions of law, including but not 

12 limited to sections 204(c).’’. 

13 (2) redesignating paragraph (4) as paragraph 

14 (2), by striking ‘‘7.1 percent’’ and inserting 

15 ‘‘4,200’’, and striking ‘‘5,000’’ and inserting 

16 ‘‘2,500’’; 

17 (3) redesignating paragraph (5) as paragraph 

18 (3), by striking ‘‘7.1 percent’’ and inserting 

19 ‘‘2,800’’, and striking ‘‘3,000’’ and inserting 

20 ‘‘1,500’’; 

21 (4) redesignating paragraph (6) as paragraph 

22 (4). 

23 (c) PROCEDURE FOR GRANTING IMMIGRANT STA24 TUS.—Section 204(a)(1) of the Immigration and NationVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 ality Act (8 U.S.C. 1154(a)(1)) is amended by striking 

2 subparagraphs (E) and (F). 

3 (d) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—Subject to paragraph (2), 

5 the amendments made by this section shall take ef6 fect on the first day of the fiscal year subsequent to 

7 the fiscal year of enactment, unless such date is less 

8 than 270 days after the date of enactment, in which 

9 case the amendments shall take effect on the first 

10 day of the following fiscal year. 

11 (2) PENDING AND APPROVED PETITIONS AND

12 APPLICATIONS.—Petitions for an employment-based 

13 visa filed for classification under section 203(b)(1), 

14 (2), or (3) of the Immigration and Nationality Act 

15 (as such provisions existed prior to the enactment of 

16 this section) that were filed prior to the date of the 

17 introduction of the [Insert title of Act] and were 

18 pending or approved at the time of the effective date 

19 of this section, shall be treated as if such provision 

20 remained effective and an approved petition may 

21 serve as the basis for issuance of an immigrant visa. 

22 Aliens with applications for a labor certification pur23 suant to section 212(a)(5)(A) of the Immigration 

24 and Nationality Act shall preserve the immigrant 


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1 visa priority date accorded by the date of filing of 

2 such labor certification application. 

3 (e) CONFORMING AMENDMENTS.— 

4 (1) Section 201 of the Immigration and Nation5 ality Act (8 U.S.C. 1151) is amended by striking 

6 ‘‘employment-based’’ each place it appears and in7 serting ‘‘merit-based’’. 

8 (2) Section 202 of the Immigration and Nation9 ality Act (8 U.S.C. 1152) is amended by striking 

10 ‘‘employment-based’’ each place it appears and in11 serting ‘‘merit-based’’. 

12 (3) Section 203(b) of the Immigration and Na13 tionality Act (8 U.S.C. 1153(b)) is amended by: 

14 (A) striking the heading and first sentence 

15 and inserting the following: 

16 ‘‘(b) Preference allocation for merit-based, special 

17 and employment creation immigrants. Aliens subject to 

18 the worldwide level specified in section 201(d) for merit19 based, special and employment creation immigrants in a 

20 fiscal year shall be allotted visas as follows:’’; 

21 (B) striking ‘‘employment based’’ and in22 serting ‘‘merit-based’’ and striking ‘‘paragraphs 

23 (1), (2), and (3)’’ and inserting ‘‘paragraph 

24 (1)’’ in subparagraph (6)(B)(i); and 


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1 (C) striking ‘‘employment based’’ and in2 serting ‘‘merit-based’’ and striking ‘‘each of 

3 paragraphs (1) through (3)’’ and inserting 

4 ‘‘paragraph (1)’’ in subparagraph (6)(B)(iii). 

5 (4) Section 212(a)(4) of the Immigration and 

6 Nationality Act (8 U.S.C. 1182(a)(4)) is amended 

7 by striking subparagraph (D). 

8 (5) Section 213A(f) of the Immigration and 

9 Nationality Act (8 U.S.C. 1183a(f)) is amended by: 

10 (A) striking subparagraph (4); 

11 (B) striking subparagraph (5) and insert12 ing the following: 

13 ‘‘(4) NON-PETITIONING CASES.—Such term also 

14 includes an individual who does not meet the re15 quirement of paragraph (1)(D) but who is a spouse, 

16 parent, mother in law, father in law, sibling, child (if 

17 at least 18 years of age), son, daughter, son in law, 

18 daughter in law, sister in law, brother in law, grand19 parent, or grandchild of a sponsored alien or a legal 

20 guardian of a sponsored alien, meets the require21 ments of paragraph (1) (other than subparagraph 

22 (D)), and executes an affidavit of support with re23 spect to such alien in a case in which— 


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1 ‘‘(A) the individual petitioning under sec2 tion 204 for the classification of such alien died 

3 after the approval of such petition; and 

4 ‘‘(B) the Secretary of Homeland Security 

5 has determined for humanitarian reasons that 

6 revocation of such petition under section 205 

7 would be inappropriate.’’; 

8 (C) redesignating subparagraph (6) as sub9 paragraph (5); and 

10 (D) striking ‘‘(6)’’ and inserting ‘‘(5)’’ in 

11 subparagraph (1)(E). 

12 (6) Section 212(a) of the Immigration and Na13 tionality Act (8 U.S.C. 1182(a)) is amended by 

14 striking paragraph (5). 

15 (7) Section 218(g)(3) of the Immigration and 

16 Nationality Act (8 U.S.C. 1188) is amended by 

17 striking paragraph (3) and redesignating paragraph 

18 (4) as paragraph (3). 

19 (8)(A) Section 207(c)(3) of the Immigration 

20 and Nationality Act (8 U.S.C. 1157(c)(3)) is amend21 ed by striking ‘‘(5),’’ in the first sentence. 

22 (B) Section 209(c) of the Immigration and Na23 tionality Act (8 U.S.C. 1159(c)) is amended by 

24 striking ‘‘(5),’’ in the second sentence. 


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1 (C) Section 210(c)(2)(A) of the Immigration 

2 and Nationality Act (8 U.S.C. 1160(c)(2)(A)) is 

3 amended by striking ‘‘paragraphs (5) and,’’ and in4 serting ‘‘paragraph’’. 

5 (D) Section 237(a)(1)(H)(i)(II) of the Immi6 gration and Nationality Act (8 U.S.C. 

7 1227(a)(1)(H)(i)(II)) is amended by striking ‘‘para8 graphs (5) and,’’ and inserting ‘‘paragraph’’. 

9 (E) Section 245(h)(2)(A) of the Immigration 

10 and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is 

11 amended by striking ‘‘(5)(a),’’. 

12 (F) Section 245A(d)(2)(A) of the Immigration 

13 and Nationality Act (8 U.S.C. 1255a(d)(2)(A)) is 

14 amended by striking ‘‘paragraphs (5) and,’’ and in15 serting ‘‘paragraph’’. 

16 (G) Section 286(s)(6) of the Immigration and 

17 Nationality Act (8 U.S.C. 1356(s)(6) is amended by 

18 striking ‘‘and section 212(a)(5)(A)’’. 

19 (f) REFERENCES TO SECRETARY OF HOMELAND SE20 CURITY.— 

21 (1) Section 203 of the Immigration and Nation22 ality Act (8 U.S.C. 1153) is amended by striking 

23 ‘‘Attorney General’’ each place it appears and insert24 ing ‘‘Secretary of Homeland Security’’. 


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1 (2) Section 204 of the Immigration and Nation2 ality Act (8 U.S.C. 1154) is amended by striking 

3 ‘‘Attorney General’’ each place it appears, except for 

4 section 204(f)(4)(B), and inserting ‘‘Secretary of 

5 Homeland Security’’. 

6 SEC. 503. REDUCING CHAIN MIGRATION AND PERMITTING 

7 PETITIONS BY NATIONALS. 

8 (a) CAP EXEMPT CATEGORIES.—Paragraph (1) of 

9 section 201(b) of the Immigration and Nationality Act (8 

10 U.S.C. 1151(b)) is amended by adding the following two 

11 new subparagraphs at the end: 

12 ‘‘(F) Aliens admitted under section 211(a) 

13 on the basis of a prior issuance of a visa under 

14 section 203(a) to their accompanying parent 

15 who is an immediate relative. 

16 ‘‘(G) Aliens born to an alien lawfully ad17 mitted for permanent residence during a tem18 porary visit abroad.’’. 

19 (b) IMMEDIATE RELATIVES.— 

20 (1) IMMEDIATE RELATIVE REDEFINED.—Para21 graph (2) of section 201(b) of the Immigration and 

22 Nationality Act (8 U.S.C. 1151(b)) is amended to 

23 read as follows: 

24 ‘‘(2) IMMEDIATE RELATIVES.— 


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1 ‘‘(A) IN GENERAL.—For purposes of this 

2 subsection, the term ‘immediate relative’ means 

3 a child or spouse of a citizen of the United 

4 States (and each child of such child or spouse 

5 who is accompanying or following to join the 

6 alien). 

7 ‘‘(B) SPOUSE OF A DECEASED U.S. CIT8 IZEN.—An alien who was the spouse of a citizen 

9 of the United States and not legally separated 

10 from the citizen at the time of the citizen’s 

11 death, who was married to the citizen for not 

12 less than 2 years at the time of the citizen’s 

13 death (or, if married for less than 2 years at 

14 the time of the citizen’s death, who proves by 

15 a preponderance of the evidence that the mar16 riage was entered into in good faith and not 

17 solely for the purpose of obtaining an immigra18 tion benefit), and each child of such alien, may 

19 be considered, for purposes of this subsection, 

20 to remain an immediate relative after the date 

21 of the citizen’s death if the spouse files a peti22 tion under section 204(a)(1)(A)(ii) before the 

23 earlier of— 

24 ‘‘(i) 2 years after such date; or 


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1 ‘‘(ii) the date on which the spouse re2 marries. 

3 ‘‘(C) BATTERED SPOUSE OR CHILD.—An 

4 alien who has filed a petition under clause (iii) 

5 or (iv) of section 204(a)(1)(A) remains an im6 mediate relative if the United States citizen 

7 spouse or parent loses United States citizenship 

8 on account of the abuse.’’. 

9 (2) PETITION.—Section 204(a)(1)(A)(ii) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1154(a)(1)(A)(ii)) is amended by striking ‘‘in the 

12 second sentence of section 201(b)(2)(A)(i)’’ and in13 serting ‘‘in section 201(b)(2)(B)’’. 

14 (c) PREFERENCE CATEGORIES.—Section 203(a) of 

15 the Immigration and Nationality Act (8 U.S.C. 1153(a)) 

16 is amended: 

17 (1) By striking paragraph (1) and inserting the 

18 following: 

19 ‘‘(1) Parents of a citizen of the United States 

20 if the citizen is at least 21 years of age. Qualified 

21 immigrants who are the parents of a citizen of the 

22 United States where the citizen is at least 21 years 

23 of age shall be allocated visas in a number not to ex24 ceed 40,000, plus any visas not required for the 

25 classes specified in paragraph (3), or’’. 


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1 (2) By striking paragraph (2) and inserting the 

2 following: 

3 ‘‘(2) Spouses or children of an alien lawfully 

4 admitted for permanent residence or a national. 

5 Qualified immigrants who are the spouses or chil6 dren of an alien lawfully admitted for permanent 

7 residence or a noncitizen national of the United 

8 States as defined in section 101(a)(22)(B) of this 

9 Act who is resident in the United States shall be al10 located visas in a number not to exceed 87,000, plus 

11 any visas not required for the class specified in para12 graph (1)’’ 

13 (3) By striking paragraph (3) and inserting the 

14 following: 

15 ‘‘(3) FAMILY-BASED VISA PETITIONS FILED BE16 FORE JANUARY 1, 2007, FOR WHICH VISAS WILL BE

17 AVAILABLE BEFORE JANUARY 1, 2027.— 

18 ‘‘(A) IN GENERAL.—The allocation of im19 migrant visas described in paragraph (4) shall 

20 apply to an alien for whom— 

21 ‘‘(i) a family-based visa petition was 

22 filed on or before January 1, 2007; and 

23 ‘‘(ii) as of January 1, 2007, the Sec24 retary of Homeland Security calculates 

25 under subparagraph (B) that a visa can 


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1 reasonably be expected to become available 

2 before January 1, 2027. 

3 ‘‘(B) REASONABLE EXPECTATION OF

4 AVAILABLITY OF VISAS.—In calculating the 

5 date on which a family-based visa can reason6 ably be expected to become available for an 

7 alien described in subparagraph (A), the Sec8 retary of Homeland Security shall take into ac9 count— 

10 ‘‘(i) the number of visas allocated an11 nually for the family preference class 

12 under which the alien’s petition was filed; 

13 ‘‘(ii) the effect of any per country ceil14 ings applicable to the alien’s petition; 

15 ‘‘(iii) the number of petitions filed be16 fore the alien’s petition was filed that were 

17 filed under the same family preference 

18 class; and 

19 ‘‘(iv) the rate at which visas made 

20 available in the family preference class 

21 under which the alien’s petition was filed 

22 were unclaimed in previous years. 

23 ‘‘(4) ALLOCATION OF FAMILY-BASED IMMI24 GRANT VISAS.—Immigrant visas totaling 440,000 

25 shall be allotted visas as follows: 


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1 ‘‘(A) Qualified immigrants who are the un2 married sons or daughters of citizens of the 

3 United States shall be allocated visas totaling 

4 70,400 immigrant visas, plus any visas not re5 quired for the class specified in (D). 

6 ‘‘(B) Qualified immigrants who are the un7 married sons or unmarried daughters of an 

8 alien lawfully admitted for permanent residence, 

9 shall be allocated visas totaling 110,000 immi10 grant visas, plus any visas not required for the 

11 class specified in (A). 

12 ‘‘(C) Qualified immigrants who are the 

13 married sons or married daughters of citizens 

14 of the United States shall be allocated visas to15 taling 70,400 immigrant visas, plus any visas 

16 not required for the class specified in (A) and 

17 (B). 

18 ‘‘(D) Qualified immigrants who are the 

19 brothers or sisters of citizens of the United 

20 States, if such citizens are at least 21 years of 

21 age, shall be allocated visas totaling 189,200 

22 immigrant visas, plus any visas not required for 

23 the class specified in (A), (B), and (C).’’. 

24 (4) By striking paragraph (4). 


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1 (d) PETITION.—Section 204(a)(1)(A)(i) of the Immi2 gration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) 

3 is amended by striking ‘‘, (3), or (4)’’ after ‘‘paragraph 

4 (1)’’. 

5 (e) EFFECTIVE DATE.— 

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

7 this section shall take effect on the first day of the 

8 fiscal year subsequent to the fiscal year of enact9 ment. 

10 (2) PENDING AND APPROVED PETITIONS.—Pe11 titions for a family-sponsored visa filed for classifica12 tion under section 203(a)(1), (2)(B), (3), or (4) of 

13 the Immigration and Nationality Act (as such provi14 sions existed prior to the enactment of this section) 

15 which were filed before May 1, 2005, regardless of 

16 whether the petitions have been approved before 

17 May 1, 2005, shall be treated as if such provision 

18 remained in effect, and an approved petition may be 

19 the basis of an immigrant visa pursuant to section 

20 203(a)(3). 

21 (f) DETERMINATIONS OF NUMBER OF INTENDING

22 LAWFUL PERMANENT RESIDENTS.— 

23 (1) SURVEY OF PENDING AND APPROVED FAM24 ILY-BASED PETITIONS.—The Secretary of Homeland 

25 Security may require a submission from petitioners 


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1 with approved or pending family-based petitions filed 

2 for classification under section 203(a)(1), (2)(B), 

3 (3), or (4) of the Immigration and Nationality Act 

4 (as such provisions existed prior to the enactment of 

5 this section) filed on or before May 1, 2005 to deter6 mine that the petitioner and the beneficiary have a 

7 continuing commitment to the petition for the alien 

8 relative under the classification. In the event the 

9 Secretary requires a submission pursuant to this 

10 section, the Secretary shall take reasonable steps to 

11 provide notice of such a requirement. In the event 

12 that the petitioner or beneficiary is no longer com13 mitted to the beneficiary obtaining an immigrant 

14 visa under this classification or if the petitioner does 

15 not respond to the request for a submission, the Sec16 retary of Homeland Security may deny the petition 

17 if the petition has not been adjudicated or revoke 

18 the petition without additional notice pursuant to 

19 section 205 if it has been approved. 

20 (2) FIRST SURVEY OF Z NONIMMIGRANTS IN21 TENDING TO ADJUST STATUS.—The Secretary shall 

22 establish procedures by which nonimmigrants de23 scribed in section 101(a)(15)(Z) who seek to become 

24 aliens lawfully admitted for permanent residence 

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1 lish their eligibility, pay any applicable fees and pen2 alties, and file their petitions. No later than the con3 clusion of the eighth fiscal year after the effective 

4 date of section 218D of the Immigration and Na5 tionality Act, the Secretary will determine the total 

6 number of qualified applicants who have followed the 

7 procedures set forth in this section. The number cal8 culated pursuant to this paragraph shall be 20 per9 cent of the total number of qualified applicants. The 

10 Secretary will calculate the number of visas needed 

11 per year. 

12 (3) SECOND SURVEY OF Z NONIMMIGRANTS IN13 TENDING TO ADJUST STATUS.—No later than the 

14 conclusion of the thirteenth fiscal year after the ef15 fective date of section 218D of the Immigration and 

16 Nationality Act, the Secretary will determine the 

17 total number of qualified applicants not described in 

18 paragraph (2) who have followed the procedures set 

19 forth in this section. The number calculated pursu20 ant to this paragraph shall be the lesser of: 

21 (A) the number of qualified applicants, as 

22 determined by the Secretary pursuant to this 

23 paragraph; and 

24 (B) the number calculated pursuant to 

25 paragraph (2). 


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1 (g) CONFORMING AMENDMENTS.— 

2 (1) Section 212(d)(12)(B) of the Immigration 

3 and Nationality Act (8 U.S.C. 1182(d)(12)(B)) is 

4 amended by striking ‘‘201(b)(2)(A)’’ and inserting 

5 ‘‘201(b)(2)’’; 

6 (2) Section 101(a)(15)(K) of the Immigration 

7 and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is 

8 amended by striking ‘‘201(b)(2)(A)(i)’’ and inserting 

9 ‘‘201(b)(2)’’; 

10 (3) Section 204(a) of the Immigration and Na11 tionality Act (8 U.S.C. 1154(a)) is amended by 

12 striking ‘‘201(b)(2)(A)(i)’’ each place it appears and 

13 inserting ‘‘201(b)(2)’’; 

14 (4) Section 214(r)(3)(A) of the Immigration 

15 and Nationality Act (8 U.S.C. 1184(r)(3)(A)) is 

16 amended by striking ‘‘201(b)(2)(A)(i)’’ and inserting 

17 ‘‘201(b)(2)’’. 

18 SEC. 504. CREATION OF PROCESS FOR IMMIGRATION OF 

19 FAMILY MEMBERS IN HARDSHIP CASES. 

20 (a) IN GENERAL.—The Immigration and Nationality 

21 Act (8 U.S.C. 1101 et seq.) is amended by adding a new 

22 section 203A reading: 

23 ‘‘SEC. 203A. IMMIGRANT VISAS FOR HARDSHIP CASES. 

24 ‘‘(a) IN GENERAL.—Immigrant visas under this sec25 tion may not exceed 5,000 per fiscal year. 


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1 ‘‘(b) DETERMINATION OF ELIGIBILITY.—The Sec2 retary of Homeland Security may grant an immigrant visa 

3 to an applicant who satisfies the following qualifications: 

4 ‘‘(1) FAMILY RELATIONSHIP.—Visas under this 

5 section will be given to aliens who are: 

6 ‘‘(A) the unmarried sons or daughters of 

7 citizens of the United States; 

8 ‘‘(B) the unmarried sons or the unmarried 

9 daughters of aliens lawfully admitted for per10 manent residence; 

11 ‘‘(C) the married sons or married daugh12 ters of citizens of the United States; or 

13 ‘‘(D) the brothers or sisters of citizens of 

14 the United States, if such citizens are at least 

15 21 years of age, 

16 ‘‘(2) NECESSARY HARDSHIP.—The petitioner 

17 must demonstrate to the satisfaction of the Sec18 retary of Homeland Security that the lack of an im19 migrant visa under this clause would result in ex20 treme hardship to the petitioner or the beneficiary 

21 that cannot be relieved by temporary visits as a non22 immigrant. 

23 ‘‘(3) INELIGIBILITY TO IMMIGRATE THROUGH

24 OTHER MEANS.—The alien described in clause (1) 

25 must be ineligible to immigrate or adjust status 


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1 through other means, including but not limited to 

2 obtaining an immigrant visa filed for classification 

3 under section 201(b)(2)(A) or section 203(a) or (b) 

4 of this Act, and obtaining cancellation of removal 

5 under section 240A(b) of this Act. A determination 

6 under this section that an alien is eligible to immi7 grate through other means does not foreclose or re8 strict any later determination on the question of eli9 gibility by the Secretary of Homeland Security or 

10 the Attorney General. 

11 ‘‘(c) PROCESSING OF APPLICATIONS.— 

12 ‘‘(1) An alien selected for an immigrant visa 

13 pursuant to this section shall remain eligible to re14 ceive such visa only if the alien files an application 

15 for an immigrant visa or an application for adjust16 ment of status within the fiscal year in which the 

17 visa becomes available, or at such reasonable time as 

18 the Secretary may specify after the end of the fiscal 

19 year for petitions approved in the last quarter of the 

20 fiscal year. 

21 ‘‘(2) All petitions for an immigrant visa under 

22 this section shall automatically terminate if not 

23 granted within the fiscal year in which they were 

24 filed. The Secretary may in his discretion establish 

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1 dures for filing petitions as he may deem necessary 

2 in order to ensure their orderly processing within the 

3 fiscal year of filing. 

4 ‘‘(3) The secretary may reserve up to 2,500 of 

5 the immigrant visas under this section for approval 

6 in the period between March 31 and September 30 

7 of a fiscal year. 

8 ‘‘(d) Decisions whether an alien qualifies for an immi9 grant visa under this section are in the unreviewable dis10 cretion of the Secretary.’’. 

11 SEC. 505. ELIMINATION OF DIVERSITY VISA PROGRAM. 

12 (a) Section 201 of the Immigration and Nationality 

13 Act (8 U.S.C. 1151) is amended— 

14 (1) in subsection (a)— 

15 (A) by inserting ‘‘and’’ at the end of para16 graph (1); 

17 (B) by striking ‘‘; and’’ at the end of para18 graph (2) and inserting a period; and 

19 (C) by striking paragraph (3); and 

20 (2) by striking subsection (e). 

21 (b) Section 203 of the Immigration and Nationality 

22 Act (8 U.S.C. 1153) is amended— 

23 (1) by striking subsection (c); 

24 (2) in subsection (d), by striking ‘‘(a), (b), or 

25 (c),’’ and inserting ‘‘(a) or (b),’’; 


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1 (3) in subsection (e), by striking paragraph (2) 

2 and redesignating paragraph (3) as paragraph (2); 

3 (4) in subsection (f), by striking ‘‘(a), (b), or 

4 (c)’’ and inserting ‘‘(a) or (b)’’; and 

5 (5) in subsection (g), by striking ‘‘(a), (b), and 

6 (c)’’ and inserting ‘‘(a) and (b)’’. 

7 (c) Section 204 of the Immigration and Nationality 

8 Act (8 U.S.C. 1154) is amended— 

9 (1) by striking subsection (a)(1)(I); 

10 (2) by redesignating subparagraphs (J), (K), 

11 and (L) of subsection (a)(1) as subparagraphs (I), 

12 (J), and (K), respectively; and 

13 (3) in subsection (e), by striking ‘‘(a), (b), or 

14 (c)’’ and inserting ‘‘(a) or (b)’’. 

15 (d) REPEAL OF TEMPORARY REDUCTION IN VISAS

16 FOR OTHER WORKERS.—Section 203(e) of the Nica17 raguan Adjustment and Central American Relief Act, as 

18 amended (Public Law 105–100; 8 U.S.C. 1153 note), is 

19 repealed. 

20 (e) EFFECTIVE DATE.— 

21 (1) The amendments made by this section shall 

22 take effect on October 1, 2008; 

23 (2) No alien may receive lawful permanent resi24 dent status based on the diversity visa program on 

25 or after the effective date of this section. 


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1 (g) CONFORMING AMENDMENTS.—Section 203 of the 

2 Immigration and Nationality Act (8 U.S.C. 1153(a)) is 

3 amended by redesignating paragraphs (d), (e), (f), (g), 

4 and (h) as paragraphs (c), (d), (e), (f), and (g), respec5 tively. 

6 SEC. 506. FAMILY VISITOR VISAS. 

7 (a) Section 101(a)(15)(B) of the Immigration and 

8 Nationality Act (8 U.S.C. 1101(a)(15)(B)) is amended to 

9 read as follows: 

10 ‘‘(B) an alien (other than one coming for 

11 the purpose of study or of performing skilled or 

12 unskilled labor or as a representative of foreign 

13 press, radio, film, or other foreign information 

14 media coming to engage in such vocation) hav15 ing a residence in a foreign country which he or 

16 she has no intention of abandoning and who is 

17 visiting the United States temporarily for busi18 ness or temporarily for pleasure. The require19 ment that the alien have a residence in a for20 eign country which the alien has no intention of 

21 abandoning shall not apply to an alien de22 scribed in section 214(s) who is seeking to enter 

23 as a temporary visitor for pleasure;’’. 


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1 (b) Section 214 of the Immigration and Nationality 

2 Act (8 U.S.C. 1184) is amended by adding at the end the 

3 following new subsection: 

4 ‘‘(s) PARENT VISITOR VISAS.— 

5 ‘‘(1) IN GENERAL.—The parent of a United 

6 States citizen at least 21 years of age, or the spouse 

7 or child of an alien in nonimmigrant status under 

8 101(a)(15)(Y)(i), demonstrating satisfaction of the 

9 requirements of this subsection may be granted a 

10 nonimmigrant visa under section 101(a)(15)(B) as a 

11 temporary visitor for pleasure. 

12 ‘‘(2) REQUIREMENTS.—An alien seeking a non13 immigrant visa under this subsection must dem14 onstrate through presentation of such documentation 

15 as the Secretary may by regulations prescribe, 

16 that— 

17 ‘‘(A) the alien’s United States citizen son 

18 or daughter who is at least 21 years of age or 

19 the alien’s spouse or parent in nonimmigrant 

20 status under 101(a)(15)(Y)(i), is sponsoring the 

21 alien’s visit to the United States; 

22 ‘‘(B) the sponsoring United States citizen, 

23 or spouse or parent in nonimmigrant status 

24 under 101(a)(15)(Y)(i), has, according to such 

25 procedures as the Secretary may by regulations 


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1 prescribe, posted on behalf of the alien a bond 

2 in the amount of $1,000, which shall be forfeit 

3 if the alien overstays the authorized period of 

4 admission (except as provided in subparagraph 

5 (5)(B)) or otherwise violates the terms and con6 ditions of his or her nonimmigrant status; and 

7 ‘‘(C) the alien, the sponsoring United 

8 States citizen son or daughter, or the spouse or 

9 parent in nonimmigrant status under 

10 101(a)(15)(Y)(i), possesses the ability and fi11 nancial means to return the alien to his or her 

12 country of residence. 

13 ‘‘(3) TERMS AND CONDITIONS.—An alien ad14 mitted as a visitor for pleasure under the provisions 

15 of this subsection— 

16 ‘‘(A) may not stay in the United States for 

17 an aggregate period in excess of 30 days within 

18 any calendar year; 

19 ‘‘(B) must, according to such procedures 

20 as the Secretary may by regulations prescribe, 

21 register with the Secretary upon departure from 

22 the United States; and 

23 ‘‘(C) may not be issued employment au24 thorization by the Secretary or be employed. 

25 ‘‘(4) CERTIFICATION.— 


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1 ‘‘(A) REPORT.—No later than January 1 

2 of each year, the Secretary of Homeland Secu3 rity shall submit a written report to Congress 

4 estimating the percentage of aliens admitted to 

5 the United States during the preceding fiscal 

6 year as visitors for pleasure under the terms 

7 and conditions of this subsection who have re8 mained in the United States beyond their au9 thorized period of admission (except as provided 

10 in subparagraph (5)(B)). When preparing this 

11 report, the Secretary shall determine which 

12 countries, if any, have a disproportionately high 

13 rate of nationals overstaying their period of au14 thorized admission under this subsection. 

15 ‘‘(B) TERMINATION OF ELIGIBILITY OF

16 NATIONALS OF CERTAIN COUNTRIES.—Except 

17 as provided in subparagraph (C), if the Sec18 retary reports under subparagraph (A) for two 

19 consecutive fiscal years that the percentage of 

20 aliens overstaying their period of authorized ad21 mission exceeds 7 percent, the Secretary may, 

22 in his discretion, determine that no more visas 

23 under this section may be issued for those 

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1 ately high rate of aliens overstaying their period 

2 of authorized admission under this subsection. 

3 ‘‘(C) TERMINATION OF THE PROGRAM.— 

4 Notwithstanding subparagraph (B), if the Sec5 retary reports under subparagraph (A) for two 

6 consecutive fiscal years that the percentage of 

7 aliens overstaying their period of authorized ad8 mission under this subsection exceeds 7 percent 

9 and the percentage is not significantly affected 

10 by countries whose nationals have a dispropor11 tionately high rate of aliens overstaying their 

12 period of authorized admission, the Secretary 

13 may, in his discretion, determine that no more 

14 visas may be issued under this subsection as of 

15 the date of the second consecutive report de16 scribed in subparagraph (A) finding an overstay 

17 rate in excess of 7 percent. 

18 ‘‘(D) EFFECT ON EXISTING VISAS.—In the 

19 event the Secretary determines to that no more 

20 visas shall be issued under subparagraphs (B) 

21 or (C), all visas previously issued under this 

22 subsection and still valid on the date that the 

23 Secretary determines that no more visas should 

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1 ration or 12 months after the date of the deter2 mination, whichever is soonest. 

3 ‘‘(5) PERMANENT BARS FOR OVERSTAYS.— 

4 ‘‘(A) IN GENERAL.—Any alien admitted as 

5 a visitor for pleasure under the terms and con6 ditions of this subsection who remains in the 

7 United States beyond his or her authorized pe8 riod of admission is permanently barred from 

9 any future immigration benefits under the im10 migration laws, except— 

11 ‘‘(i) asylum under section 208(a); 

12 ‘‘(ii) withholding of removal under 

13 section 241(b)(3); or 

14 ‘‘(iii) protection under the Convention 

15 Against Torture and Other Cruel, Inhu16 man or Degrading Treatment or Punish17 ment, done at New York December 10, 

18 1984. 

19 ‘‘(B) EXCEPTION.—Overstay of the au20 thorized period of admission granted to aliens 

21 admitted as visitors for pleasure under the 

22 terms and conditions of this subsection may be 

23 excused in the discretion of the Secretary where 

24 it is demonstrated that— 


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1 ‘‘(i) the period of overstay was due to 

2 extraordinary circumstances beyond the 

3 control of the applicant, and the Secretary 

4 finds the period commensurate with the 

5 circumstances; and 

6 ‘‘(ii) the alien has not otherwise vio7 lated his or her nonimmigrant status. 

8 ‘‘(6) BAR ON SPONSOR OF OVERSTAY.—The 

9 United States citizen or Y–1 nonimmigrant sponsor 

10 of an alien— 

11 ‘‘(A) admitted as a visitor for pleasure 

12 under the terms and conditions of this sub13 section, and 

14 ‘‘(B) who remains in the United States be15 yond his or her authorized period of admission, 

16 shall be permanently barred from sponsoring that 

17 alien or any other alien for admission as a visitor for 

18 pleasure under the terms and conditions of this sub19 section, and, in the case of a Y–1 nonimmigrant 

20 sponsor, shall have his Y–1 nonimmigrant status 

21 terminated. 

22 ‘‘(7) CONSTRUCTION.—Nothing in this sub23 section shall be construed, except as provided in this 

24 subsection, to make inapplicable the requirements 

25 for admissibility and eligibility, as well as the terms 


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1 and conditions of admission, as a nonimmigrant 

2 under section 101(a)(15)(B).’’. 

3 SEC. 507. PREVENTION OF VISA FRAUD. 

4 (a) Section 204 of the Immigration and Nationality 

5 Act (8 U.S.C. 1154) is amended by adding a paragraph 

6 at the end: 

7 ‘‘(h) FRAUD PREVENTION.—The Secretary of Home8 land Security may audit and evaluate the information fur9 nished as part of the applications filed under subsection 

10 (a) and refer evidence of fraud to appropriate law enforce11 ment agencies based on the audit information.’’. 

12 (b) Sections 286(v)(2)(B) and (C) of the Immigration 

13 and Nationality Act (8 U.S.C. 1356(v)(2)(B), (C)) are 

14 amended to read as follows: 

15 ‘‘(B) SECRETARY OF HOMELAND SECU16 RITY.—One-third of the amounts deposited into 

17 the Fraud Prevention and Detection Account 

18 shall remain available to the Secretary of 

19 Homeland Security until expended for programs 

20 and activities to prevent and detect immigration 

21 benefit fraud, including but not limited to fraud 

22 with respect to petitions under paragraph (1) or 

23 (2)(A) of section 214(c) to grant an alien non24 immigrant status described in subparagraph 

25 (H)(i), (H)(ii), or (L) of section 101(a)(15). 


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1 ‘‘(C) SECRETARY OF LABOR.—One third of 

2 the amounts deposited into the Fraud Preven3 tion and Detection Account shall remain avail4 able to the Secretary of Labor until expended 

5 for enforcement programs and activities de6 scribed in section 212(n), and for enforcement 

7 programs, and fraud detection and prevention 

8 activities not otherwise authorized under 

9 212(n), to be conducted by the Secretary of 

10 Labor that focus on industries likely to employ 

11 nonimmigrants.’’. 

12 SEC. 508. INCREASING PER-COUNTRY LIMITS FOR FAMILY13 BASED AND EMPLOYMENT-BASED IMMI14 GRANTS. 

15 (a) Section 202(a) of the Immigration and Nation16 ality Act (8 U.S.C. 1152(a)) is amended by amending 

17 paragraph (2) to read as follows: 

18 ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON19 SORED AND MERIT-BASED IMMIGRANTS.—Subject to 

20 paragraphs (3), (4), (5), (6), and (7), the total num21 ber of immigrant visas made available to natives of 

22 any single foreign state or dependent area under 

23 subsections (a) and (b) of section 203 in any fiscal 

24 year may not exceed 10 percent (in the case of a sin25 gle foreign state) or 3 percent (in the case of a deVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 pendent area) of the total number of such visas 

2 made available under such subsections in that fiscal 

3 year;’’. 

4 (b) Section 202(a) of the Immigration and Nation5 ality Act (8 U.S.C. 1152(a)) is amended by adding at the 

6 end the following: 

7 ‘‘(6) RULES FOR CERTAIN FAMILY-BASED PETI8 TION FILED BEFORE MAY 1, 2005.—In the event that 

9 the per country levels in paragraph (2) prevent the 

10 use of otherwise available visas described in section 

11 201(c)(1)(B), then the per country level will not 

12 apply for such visas. 

13 ‘‘(7) EXCEPTION FOR Z NONIMMIGRANTS.— 

14 Paragraph (2) shall not apply to aliens who are non15 immigrants described in section 101(a)(15)(Z) of 

16 this Act who are eligible to seek lawful permanent 

17 resident status based on a petition for classification 

18 under section 203(b)(1) of this Act.’’. 

19 SEC. 509. EXEMPTION FROM IMMIGRANT VISA LIMIT. 

20 Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended 

21 by inserting after subparagraph (G), as added by section 

22 503 of this Act, the following: 

23 ‘‘(H) Aliens who are eligible for a visa 

24 under paragraph (1) or (3) of section 203(a) 

25 and who have a parent who was naturalized 


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1 pursuant to section 405 of the Immigration Act 

2 of 1990 (8 U.S.C. 1440 note).’’. 

3 TITLE VI—NONIMMIGRANTS IN 

4 THE UNITED STATES PRE5 VIOUSLY IN UNLAWFUL STA6 TUS 

7 SEC. 601. (a) IN GENERAL.—Notwithstanding any 

8 other provision of law, (including section 244(h) of the Im9 migration and Nationality Act (hereinafter ‘‘the Act’’) (8 

10 U.S.C. 1254a(h)), the Secretary may permit an alien, or 

11 dependent of such alien, described in this section, to re12 main lawfully in the United States under the conditions 

13 set forth in this title. 

14 (b) DEFINITION OF Z NONIMMIGRANTS.—Section 

15 101(a)(15) of the Act (8 U.S.C. 1101(a)(15)) is amended 

16 by inserting at the end the following new subparagraph— 

17 ‘‘(Z) subject to Title VI of the [Insert title 

18 of Act], an alien who— 

19 ‘‘(i) is physically present in the 

20 United States, has maintained continuous 

21 physical presence in the United States 

22 since January 1, 2007, is employed, and 

23 seeks to continue performing labor, serv24 ices or education; or 


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1 ‘‘(ii) is physically present in the 

2 United States, has maintained continuous 

3 physical presence in the United States 

4 since January 1, 2007, and— 

5 ‘‘(I) is the spouse or parent (65 

6 years of age or older) of an alien de7 scribed in (i); or 

8 ‘‘(II) was, within two years of the 

9 date on which [Name of this Act] was 

10 introduced, the spouse of an alien who 

11 was subsequently classified as a Z 

12 nonimmigrant under this section, or is 

13 eligible for such classification, if— 

14 ‘‘(aa) the termination of the 

15 relationship with such spouse was 

16 connected to domestic violence; 

17 and 

18 ‘‘(bb) the spouse has been 

19 battered or subjected to extreme 

20 cruelty by the spouse or parent 

21 who is a Z nonimmigrant. 

22 ‘‘(iii) is under 18 years of age at the 

23 time of application for nonimmigrant sta24 tus under this subparagraph, is physically 

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1 tained continuous physical presence in the 

2 United States since January 1, 2007, and 

3 was born to or legally adopted by at least 

4 one parent who is at the time of applica5 tion described in (i) or (ii).’’ 

6 (c) PRESENCE IN THE UNITED STATES.— 

7 (1) IN GENERAL.—The alien shall establish 

8 that the alien was not present in lawful status in the 

9 United States on January 1, 2007, under any classi10 fication described in section 101(a)(15) of the Act (8 

11 U.S.C. 1101(a)(15)) or any other immigration sta12 tus made available under a treaty or other multi13 national agreement that has been ratified by the 

14 Senate. 

15 (2) CONTINUOUS PRESENCE.—For purposes of 

16 this section, an absence from the United States 

17 without authorization for a continuous period of 90 

18 days or more than 180 days in the aggregate shall 

19 constitute a break in continuous physical presence. 

20 (d) OTHER CRITERIA.— 

21 (1) GROUNDS OF INELIGIBILITY.—An alien is 

22 ineligible for Z nonimmigrant status if the Secretary 

23 determines that the alien— 


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1 (A)(1) is inadmissible to the United States 

2 under section 212(a) of the Act (8 U.S.C. 

3 1182(a)), except as provided in paragraph (2); 

4 (2) Nothing in this paragraph shall require 

5 the Secretary to commence removal proceedings 

6 against an alien. 

7 (B) is subject to the execution of an out8 standing administratively final order of re9 moval, deportation, or exclusion; 

10 (C) is described in or is subject to section 

11 241(a)(5) of the Act; 

12 (D) has ordered, incited, assisted, or other13 wise participated in the persecution of any per14 son on account of race, religion, nationality, 

15 membership in a particular social group, or po16 litical opinion; 

17 (E) is an alien— 

18 (i) for whom there are reasonable 

19 grounds for believing that the alien has 

20 committed a serious criminal offense as de21 scribed in section 101(h) of the Act outside 

22 the United States before arriving in the 

23 United States; or 


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1 (ii) for whom there are reasonable 

2 grounds for regarding the alien as a dan3 ger to the security of the United States; or 

4 (F) has been convicted of— 

5 (i) a felony; 

6 (ii) an aggravated felony as defined at 

7 section 101(a)(43) of the Act; 

8 (iii) 3 or more misdemeanors under 

9 Federal or State law; or 

10 (iv) a serious criminal offense as de11 scribed in section 101(h) of the Act; 

12 (G) has entered or attempted to enter the 

13 United States illegally on or after January 1, 

14 2007; and 

15 (H) with respect to an applicant for Z–2 

16 or Z–3 nonimmigrant status, a Z–2 non17 immigrant, or a Z–3 nonimmigrant who is 

18 under 18 years of age, the alien is ineligible for 

19 Z nonimmigrant status if the principal Z–1 

20 nonimmigrant or Z–1 nonimmigrant status ap21 plicant is ineligible. 

22 (I) The Secretary may in his discretion 

23 waive ineligibility under subparagraph (B) or 

24 (C) if the alien has not been physically removed 

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1 onstrates that his departure from the United 

2 States would result in extreme hardship to the 

3 alien or the alien’s spouse, parent or child. 

4 (2) GROUNDS OF INADMISSIBILITY.— 

5 (A) IN GENERAL.—In determining an 

6 alien’s admissibility under paragraph (1)(A)— 

7 (i) paragraphs (6)(A)(i) (with respect 

8 to an alien present in the United States 

9 without being admitted or paroled before 

10 the date of application, but not with re11 spect to an alien who has arrived in the 

12 United States on or after January 1, 

13 2007), (6)(B), (6)(C)(i), (6)(C)(ii), (6)(D), 

14 (6)(F), (6)(G), (7), (9)(B), (9)(C)(i)(I), 

15 and (10)(B) of section 212(a) of the Act 

16 shall not apply, but only with respect to 

17 conduct occurring or arising before the 

18 date of application; 

19 (ii) the Secretary may not waive— 

20 (I) subparagraph (A), (B), (C), 

21 (D)(ii), (E), (F), (G), (H), or (I) of 

22 section 212(a)(2) of the Act (relating 

23 to criminals); 


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1 (II) section 212(a)(3) of the Act 

2 (relating to security and related 

3 grounds); 

4 (III) with respect to an applica5 tion for Z nonimmigrant status, sec6 tion 212(a)(6)(C)(i) of the Act; 

7 (IV) paragraph (6)(A)(i) of sec8 tion 212(a) of the Act (with respect to 

9 any entries occurring on or after Jan10 uary 1, 2007); 

11 (V) section 212(a)(9)(C)(i)(II); 

12 (VI) subparagraph (A), (C), or 

13 (D) of section 212(a)(10) of the Act 

14 (relating to polygamists, child abduc15 tors, and unlawful voters); 

16 (iii) the Secretary may in his discre17 tion waive the application of any provision 

18 of section 212(a) of the Act not listed in 

19 subparagraph (B) on behalf of an indi20 vidual alien for humanitarian purposes, to 

21 ensure family unity, or if such waiver is 

22 otherwise in the public interest; and 

23 (B) CONSTRUCTION.—Nothing in this 

24 paragraph shall be construed as affecting the 

25 authority of the Secretary other than under this 


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1 paragraph to waive the provisions of section 

2 212(a) of the Act. 

3 (e) ELIGIBILITY REQUIREMENTS.—To be eligible for 

4 Z nonimmigrant status an alien shall meet the following 

5 and any other applicable requirements set forth in this 

6 section: 

7 (1) ELIGIBILITY.—The alien must not fall with8 in a class of aliens ineligible for Z nonimmigrant 

9 status listed under subsection (d)(1). 

10 (2) ADMISSIBILITY.—The alien must not be in11 admissible as a nonimmigrant to the United States 

12 under section 212, except as provided in subsection 

13 (d)(2), regardless of whether the alien has previously 

14 been admitted to the United States. 

15 (3) PRESENCE.—To be eligible for Z–1 or Z– 

16 2 nonimmigrant status, or for nonimmigrant status 

17 under section 101(a)(15)(Z)(iii)(I), the alien must— 

18 (A) have been physically present in the 

19 United States before January 1, 2007, and 

20 have maintained continuous physical presence 

21 in the United States since that date; 

22 (B) be physically present in the United 

23 States on the date of application for Z non24 immigrant status; and 


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1 (C) be on January 1, 2007, and on the 

2 date of application for Z nonimmigrant status, 

3 not present in lawful status in the United 

4 States under any classification described in sec5 tion 101(a)(15) of the Immigration and Nation6 ality Act (8 U.S.C. 1101(a)(15)) or any other 

7 immigration status made available under a trea8 ty or other multinational agreement that has 

9 been ratified by the Senate. 

10 (4) EMPLOYMENT.—An alien seeking Z–1 non11 immigrant status must be employed in the United 

12 States on the date of filing of the application for Z– 

13 1 nonimmigrant status. 

14 (5) FEES AND PENALTIES.— 

15 (A) PROCESSING FEES.— 

16 (i) An alien making an initial applica17 tion for Z nonimmigrant status shall be re18 quired to pay a processing fee in an 

19 amount sufficient to recover the full cost of 

20 adjudicating the application, but no more 

21 than $1,500 for a single Z nonimmigrant. 

22 (ii) An alien applying for extension of 

23 his Z nonimmigrant status shall be re24 quired to pay a processing fee in an 

25 amount sufficient to cover administrative 


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1 and other expenses associated with proc2 essing the extension application, but no 

3 more than $1,500 for a single Z non4 immigrant. 

5 (B) PENALTIES.— 

6 (i) An alien making an initial applica7 tion for Z–1 nonimmigrant status shall be 

8 required to pay, in addition to the proc9 essing fee in subparagraph (A), a penalty 

10 of $1,000. 

11 (ii) A Z–1 nonimmigrant making an 

12 initial application for Z–1 nonimmigrant 

13 status shall be required to pay a $500 pen14 alty for each alien seeking Z–2 or Z–3 

15 nonimmigrant status derivative to the Z–1 

16 applicant. 

17 (iii) An alien who is a Z–2 or Z–3 

18 nonimmigrant and who has not previously 

19 been a Z–1 nonimmigrant, and who 

20 changes status to that of a Z–1 non21 immigrant, shall in addition to processing 

22 fees be required to pay the initial applica23 tion penalties applicable to Z–1 non24 immigrants. 


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1 (C) STATE IMPACT ASSISTANCE FEE.—In 

2 addition to any other amounts required to be 

3 paid under this subsection, a Z–1 non4 immigrant making an initial application for Z– 

5 1 nonimmigrant status shall be required to pay 

6 a State impact assistance fee equal to $500. 

7 (D) DEPOSIT AND SPENDING OF FEES.— 

8 The processing fees under subparagraph (A) 

9 shall be deposited and remain available until ex10 pended as provided by sections 286(m) and (n). 

11 (E) DEPOSIT, ALLOCATION, AND SPEND12 ING OF PENALTIES.— 

13 (i) DEPOSIT OF PENALTIES.—The 

14 penalty under subparagraph (B) shall be 

15 deposited and remain available as provided 

16 by section 286(w). 

17 (ii) DEPOSIT OF STATE IMPACT AS18 SISTANCE FUNDS.—The funds under sub19 paragraph (C) shall be deposited and re20 main available as provided by section 

21 286(x). 

22 (6) INTERVIEW.—An applicant for Z non23 immigrant status must appear to be interviewed. 

24 (7) MILITARY SELECTIVE SERVICE.—The alien 

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1 riod required under the Military Selective Service 

2 Act (50 U.S.C. App. 451 et seq.) that such alien has 

3 registered under that Act. 

4 (f) APPLICATION PROCEDURES.— 

5 (1) IN GENERAL.—The Secretary of Homeland 

6 Security shall prescribe by notice in the Federal 

7 Register, in accordance with the procedures de8 scribed in section 610 of the [NAME OF THIS 

9 ACT], the procedures for an alien in the United 

10 States to apply for Z nonimmigrant status and the 

11 evidence required to demonstrate eligibility for such 

12 status. 

13 (2) INITIAL RECEIPT OF APPLICATIONS.—The 

14 Secretary of Homeland Security, or such other enti15 ties as are authorized by the Secretary to accept ap16 plications under the procedures established under 

17 this subsection, shall accept applications from aliens 

18 for Z nonimmigrant status for a period of one year 

19 starting the first day of the first month beginning 

20 no more than 180 days after the date of enactment 

21 of this section. If, during the one-year initial period 

22 for the receipt of applications for Z nonimmigrant 

23 status, the Secretary of Homeland Security deter24 mines that additional time is required to register ap25 plicants for Z nonimmigrant status, the Secretary 


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1 may in his discretion extend the period for accepting 

2 applications by up to 12 months. 

3 (3) BIOMETRIC DATA.—Each alien applying for 

4 Z nonimmigrant status must submit biometric data 

5 in accordance with procedures established by the 

6 Secretary of Homeland Security. 

7 (g) CONTENT OF APPLICATION FILED BY ALIEN.— 

8 (1) APPLICATION FORM.—The Secretary of 

9 Homeland Security shall create an application form 

10 that an alien shall be required to complete as a con11 dition of obtaining Z nonimmigrant status. 

12 (2) APPLICATION INFORMATION.— 

13 (A) IN GENERAL.—The application form 

14 shall request such information as the Secretary 

15 deems necessary and appropriate, including but 

16 not limited to, information concerning the 

17 alien’s physical and mental health; complete 

18 criminal history, including all arrests and dis19 positions; gang membership, renunciation of 

20 gang affiliation; immigration history; employ21 ment history; and claims to United States citi22 zenship. 

23 (3) SECURITY AND LAW ENFORCEMENT BACK24 GROUND CHECKS.— 


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1 (A) SUBMISSION OF FINGERPRINTS.—The 

2 Secretary may not accord Z nonimmigrant sta3 tus unless the alien submits fingerprints and 

4 other biometric data in accordance with proce5 dures established by the Secretary. 

6 (B) BACKGROUND CHECKS.—The Sec7 retary shall utilize fingerprints and other bio8 metric data provided by the alien to conduct ap9 propriate background checks of such alien to 

10 search for criminal, national security, or other 

11 law enforcement actions that would render the 

12 alien ineligible for classification under this sec13 tion. 

14 (h) TREATMENT OF APPLICANTS.— 

15 (1) IN GENERAL.—An alien who files an appli16 cation for Z nonimmigrant status shall, upon sub17 mission of any evidence required under paragraphs 

18 (f) and (g) and after the Secretary has conducted 

19 appropriate background checks, to include name and 

20 fingerprint checks, that have not by the end of the 

21 next business day produced information rendering 

22 the applicant ineligible— 

23 (A) be granted probationary benefits in the 

24 form of employment authorization pending final 

25 adjudication of the alien’s application; 


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1 (B) may in the Secretary’s discretion re2 ceive advance permission to re-enter the United 

3 States pursuant to existing regulations gov4 erning advance parole; 

5 (C) may not be detained for immigration 

6 purposes, determined inadmissible or deport7 able, or removed pending final adjudication of 

8 the alien’s application, unless the alien is deter9 mined to be ineligible for Z nonimmigrant sta10 tus; and 

11 (D) may not be considered an unauthor12 ized alien (as defined in section 274A(h)(3) of 

13 the Immigration and Nationality Act (8 U.S.C. 

14 1324a(h)(3))) unless employment authorization 

15 under subparagraph (A) is denied. 

16 (2) TIMING OF PROBATIONARY BENEFITS.—No 

17 probationary benefits shall be issued to an alien 

18 until the alien has passed all appropriate back19 ground checks or the end of the next business day, 

20 whichever is sooner. 

21 (3) CONSTRUCTION.—Nothing in this section 

22 shall be construed to limit the Secretary’s authority 

23 to conduct any appropriate background and security 

24 checks subsequent to issuance of evidence of proba25 tionary benefits under paragraph (4). 


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1 (4) PROBATIONARY AUTHORIZATION DOCU2 MENT.—The Secretary shall provide each alien de3 scribed in paragraph (1) with a counterfeit-resistant 

4 document that reflects the benefits and status set 

5 forth in paragraph (h)(1). The Secretary may by 

6 regulation establish procedures for the issuance of 

7 documentary evidence of probationary benefits and, 

8 except as provided herein, the conditions under 

9 which such documentary evidence expires, termi10 nates, or is renewed. All documentary evidence of 

11 probationary benefits shall expire no later than six 

12 months after the date on which the Secretary begins 

13 to approve applications for Z nonimmigrant status. 

14 (5) BEFORE APPLICATION PERIOD.—If an alien 

15 is apprehended between the date of enactment and 

16 the date on which the period for initial registration 

17 closes under subsection (f)(2), and the alien can es18 tablish prima facie eligibility for Z nonimmigrant 

19 status, the Secretary shall provide the alien with a 

20 reasonable opportunity to file an application under 

21 this section after such regulations are promulgated. 

22 (6) DURING CERTAIN PROCEEDINGS.—Notwith23 standing any provision of the Act, if the Secretary 

24 determines that an alien who is in removal pro25 ceedings is prima facie eligible for Z nonimmigrant 


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1 status, then the Secretary shall affirmatively com2 municate such determination to the immigration 

3 judge. The immigration judge shall then terminate 

4 or administratively close such proceedings and per5 mit the alien a reasonable opportunity to apply for 

6 such classification. 

7 (i) ADJUDICATION OF APPLICATION FILED BY

8 ALIEN.— 

9 (1) IN GENERAL.—The Secretary may approve 

10 the issuance of documentation of status, as de11 scribed in subsection (j), to an applicant for a Z 

12 nonimmigrant visa who satisfies the requirements of 

13 this section. 

14 (2) EVIDENCE OF CONTINUOUS PHYSICAL

15 PRESENCE, EMPLOYMENT, OR EDUCATION.— 

16 (A) PRESUMPTIVE DOCUMENTS.—A Z 

17 nonimmigrant or an applicant for Z non18 immigrant status may presumptively establish 

19 satisfaction of each required period of presence, 

20 employment, or study by submitting records to 

21 the Secretary that demonstrate such presence, 

22 employment, or study, and that the Secretary 

23 verifies have been maintained by the Social Se24 curity Administration, the Internal Revenue 


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1 Service, or any other Federal, State, or local 

2 government agency. 

3 (B) VERIFICATION.—Each Federal agency, 

4 and each State or local government agency, as 

5 a condition of receipt of any funds under Sec6 tion 286(x), shall within 90 days of enactment 

7 ensure that procedures are in place under which 

8 such agency shall— 

9 (i) consistent with all otherwise appli10 cable laws, including but not limited to 

11 laws governing privacy, provide documenta12 tion to an alien upon request to satisfy the 

13 documentary requirements of this para14 graph; or 

15 (ii) notwithstanding any other provi16 sion of law, including section 6103 of title 

17 26, United States Code, provide 

18 verification to the Secretary of documenta19 tion offered by an alien as evidence of— 

20 (I) presence or employment re21 quired under this section, or 

22 (II) a requirement for any other 

23 benefit under the immigration laws. 

24 (C) OTHER DOCUMENTS.—A Z non25 immigrant or an applicant for Z nonimmigrant 


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1 status who is unable to submit a document de2 scribed in subparagraph (i) may establish satis3 faction of each required period of presence, em4 ployment, or study by submitting to the Sec5 retary at least 2 other types of reliable docu6 ments that provide evidence of employment, in7 cluding— 

8 (i) bank records; 

9 (ii) business records; 

10 (iii) employer records; 

11 (iv) records of a labor union or day 

12 labor center; and 

13 (v) remittance records. 

14 (D) ADDITIONAL DOCUMENTS.—The Sec15 retary may— 

16 (i) designate additional documents to 

17 evidence the required period of presence, 

18 employment, or study; and 

19 (ii) set such terms and conditions on 

20 the use of affidavits as is necessary to 

21 verify and confirm the identity of any affi22 ant or otherwise prevent fraudulent sub23 missions. 

24 (3) PAYMENT OF INCOME TAXES.— 


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1 (A) IN GENERAL.—Not later than the date 

2 on which status is adjusted under this section, 

3 the alien establishes the payment of any appli4 cable Federal tax liability by establishing that— 

5 (i) no such tax liability exists; 

6 (ii) all outstanding liabilities have 

7 been paid; or 

8 (iii) the alien has entered into an 

9 agreement for payment of all outstanding 

10 liabilities with the Internal Revenue Serv11 ice. 

12 (B) APPLICABLE FEDERAL TAX LIABIL13 ITY.—For purposes of clause (i), the term ‘ap14 plicable Federal tax liability’ means liability for 

15 Federal taxes, including penalties and interest, 

16 owed for any year during the period of employ17 ment required by subparagraph (D)(i) for 

18 which the statutory period for assessment of 

19 any deficiency for such taxes has not expired. 

20 (C) IRS COOPERATION.—The Secretary of 

21 the Treasury shall establish rules and proce22 dures under which the Commissioner of Inter23 nal Revenue shall provide documentation to an 

24 alien upon request to establish the payment of 

25 all taxes required by this subparagraph. 


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1 (D) IN GENERAL.—The alien may satisfy 

2 such requirement by establishing that— 

3 (i) no such tax liability exists; 

4 (ii) all outstanding liabilities have 

5 been met; or 

6 (iii) the alien has entered into an 

7 agreement for payment of all outstanding 

8 liabilities with the Internal Revenue Serv9 ice and with the department of revenue of 

10 each State to which taxes are owed. 

11 (4) BURDEN OF PROOF.—An alien who is ap12 plying for a Z nonimmigrant visa under this section 

13 shall prove, by a preponderance of the evidence, that 

14 the alien has satisfied the requirements of this sec15 tion. 

16 (5) DENIAL OF APPLICATION.— 

17 (i) An alien who fails to satisfy the 

18 eligibility requirements for a Z non19 immigrant visa shall have his application 

20 denied and may not file additional applica21 tions. 

22 (ii) An alien who fails to submit re23 quested initial evidence, including re24 quested biometric data, and requested ad25 ditional evidence by the date required by 


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1 the Secretary shall, except where the alien 

2 demonstrates to the satisfaction of the Sec3 retary that such failure was reasonably ex4 cusable or was not willful, have his applica5 tion considered abandoned. Such applica6 tion shall be denied and the alien may not 

7 file additional applications. 

8 (j) EVIDENCE OF NONIMMIGRANT STATUS.— 

9 (1) IN GENERAL.—Documentary evidence of 

10 nonimmigrant status shall be issued to each Z non11 immigrant. 

12 (2) FEATURES OF DOCUMENTATION.—Docu13 mentary evidence of Z nonimmigrant status: 

14 (A) shall be machine-readable, tamper-re15 sistant, and shall contain a digitized photo16 graph and other biometric identifiers that can 

17 be authenticated; 

18 (B) shall be designed in consultation with 

19 U.S. Immigration and Customs Enforcement’s 

20 Forensic Document Laboratory; 

21 (C) shall, during the alien’s authorized pe22 riod of admission under subsection (k), serve as 

23 a valid travel and entry document for the pur24 pose of applying for admission to the United 


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1 States where the alien is applying for admission 

2 at a Port of Entry. 

3 (D) may be accepted during the period of 

4 its validity by an employer as evidence of em5 ployment authorization and identity under sec6 tion 274A(b)(1)(B); and 

7 (E) shall be issued to the Z nonimmigrant 

8 by the Secretary of Homeland Security prompt9 ly after final adjudication of such alien’s appli10 cation for Z nonimmigrant status, except that 

11 an alien may not be granted permanent Z non12 immigrant status until all appropriate back13 ground checks on the alien are completed to the 

14 satisfaction of the Secretary of Homeland Secu15 rity. 

16 (k) PERIOD OF AUTHORIZED ADMISSION.— 

17 (1) INITIAL PERIOD.—The initial period of au18 thorized admission as a Z nonimmigrant shall be 

19 four years. 

20 (2) EXTENSIONS.— 

21 (A) IN GENERAL.—Z nonimmigrants may 

22 seek an indefinite number of four-year exten23 sions of the initial period of authorized admis24 sion. 


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1 (B) REQUIREMENTS.—In order to be eligi2 ble for an extension of the initial or any subse3 quent period of authorized admission under this 

4 paragraph, an alien must satisfy the following 

5 requirements: 

6 (i) ELIGIBILITY.—The alien must 

7 demonstrate continuing eligibility for Z 

8 nonimmigrant status; 

9 (ii) ENGLISH LANGUAGE AND

10 CIVICS.— 

11 (I) REQUIREMENT AT FIRST RE12 NEWAL.—At or before the time of ap13 plication for the first extension of Z 

14 nonimmigrant status, an alien who is 

15 18 years of age or older must dem16 onstrate an attempt to gain an under17 standing of the English language and 

18 knowledge of United States civics by 

19 taking the naturalization test de20 scribed in sections 312(a)(1) and (2) 

21 by demonstrating enrollment in or 

22 placement on a waiting list for 

23 English classes. 

24 (II) REQUIREMENT AT SECOND

25 RENEWAL.—At or before the time of 


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1 application for the second extension of 

2 Z nonimmigrant status, an alien who 

3 is 18 years of age or older must pass 

4 the naturalization test described in 

5 sections 312(a)(1) and (2). The alien 

6 may make up to three attempts to 

7 demonstrate such understanding and 

8 knowledge but must satisfy this re9 quirement prior to the expiration of 

10 the second extension of Z non11 immigrant status. 

12 (III) EXCEPTION.—The require13 ment of subclauses (I) and (II) shall 

14 not apply to any person who, on the 

15 date of the filing of the person’s appli16 cation for an extension of Z non17 immigrant status— 

18 (aa) is unable because of 

19 physical or developmental dis20 ability or mental impairment to 

21 comply therewith; 

22 (bb) is over 50 years of age 

23 and has been living in the United 

24 States for periods totaling at 

25 least 20 years; or 


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1 (cc) is over 55 years of age 

2 and has been living in the United 

3 States for periods totaling at 

4 least fifteen years. 

5 (iii) EMPLOYMENT.—With re6 spect to an extension of Z–1 or Z–3 

7 nonimmigrant status an alien must 

8 demonstrate satisfaction of the em9 ployment or study requirements pro10 vided in subsection (m) during the 

11 alien’s most recent authorized period 

12 of stay as of the date of application; 

13 and 

14 (iv) FEES.—The alien must pay 

15 a processing fee in an amount suffi16 cient to recover the full cost of adjudi17 cating the application, but no more 

18 than $1,500 for a single Z non19 immigrant. 

20 (C) SECURITY AND LAW ENFORCEMENT

21 BACKGROUND CHECKS.—An alien applying for 

22 extension of Z nonimmigrant status may be re23 quired to submit to a renewed security and law 

24 enforcement background check that must be 

25 completed to the satisfaction of the Secretary of 


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1 Homeland Security before such extension may 

2 be granted. 

3 (D) TIMELY FILING AND MAINTENANCE OF

4 STATUS.— 

5 (i) IN GENERAL.—An extension of 

6 stay under this paragraph, or a change of 

7 status to another Z nonimmigrant status 

8 under subsection (l), may not be approved 

9 for an applicant who failed to maintain Z 

10 nonimmigrant status or where such status 

11 expired or terminated before the applica12 tion was filed. 

13 (ii) EXCEPTION.—Failure to file be14 fore the period of previously authorized 

15 status expired or terminated may be ex16 cused in the discretion of the Secretary 

17 and without separate application, with any 

18 extension granted from the date the pre19 viously authorized stay expired, where it is 

20 demonstrated at the time of filing that: 

21 (I) the delay was due to extraor22 dinary circumstances beyond the con23 trol of the applicant, and the Sec24 retary finds the delay commensurate 

25 with the circumstances; and 


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1 (II) the alien has not otherwise 

2 violated his Z nonimmigrant status. 

3 (iii) EXEMPTIONS FROM PENALTY

4 AND EMPLOYMENT REQUIREMENTS.—An 

5 alien demonstrating extraordinary cir6 cumstances under clause (ii), including the 

7 spouse of a Z–1 nonimmigrant who has 

8 been battered or has been the subject of 

9 extreme cruelty perpetrated by the Z–1 

10 nonimmigrant, and who is changing to Z– 

11 1 nonimmigrant status, may be exempted 

12 by the Secretary, in his discretion, from— 

13 (I) the requirements under sub14 section (m) for a period of up to 180 

15 days; and 

16 (II) the penalty provisions of sec17 tion (e)(6)(B)(iii), except that the 

18 alien must pay the penalty under sec19 tion (e)(6)(B) at the time of applica20 tion for the alien’s first subsequent 

21 extension of Z–1 nonimmigrant sta22 tus. 

23 (E) BARS TO EXTENSION.—Except as pro24 vided in subparagraph (D), a Z nonimmigrant 


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1 shall not be eligible to extend such non2 immigrant status if: 

3 (i) the alien has violated any term or 

4 condition of his or her Z nonimmigrant 

5 status, including but not limited to failing 

6 to comply with the change of address re7 porting requirements under section 265; 

8 (ii) the period of authorized admission 

9 of the Z nonimmigrant has been termi10 nated for any reason; or 

11 (iii) with respect to a Z–2 or Z–3 non12 immigrant, the principal alien’s Z–1 non13 immigrant status has been terminated. 

14 (l) CHANGE OF STATUS.— 

15 (1) CHANGE FROM Z NONIMMIGRANT STA16 TUS.— 

17 (A) IN GENERAL.—A Z nonimmigrant may 

18 not change status under section 248 to another 

19 nonimmigrant status, except another Z non20 immigrant status or status under subparagraph 

21 (U) of section 101(a)(15). 

22 (B) CHANGE FROM Z–A STATUS.—A Z–A 

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1 erenced in section 214A(j)(1)(C) of the Immi2 gration and Nationality Act. 

3 (C) LIMIT ON CHANGES.—A Z non4 immigrant may not change status more than 

5 one time per 365-day period. The Secretary 

6 may, in his discretion, waive the application of 

7 this subparagraph to an alien if it is established 

8 to the satisfaction of the Secretary that applica9 tion of this subparagraph would result in ex10 treme hardship to the alien. 

11 (2) NO CHANGE TO Z NONIMMIGRANT STA12 TUS.—A nonimmigrant under the immigration laws 

13 may not change status under section 248 to Z non14 immigrant status. 

15 (m) EMPLOYMENT.— 

16 (1) Z–1 AND Z–3 NONIMMIGRANTS.— 

17 (A) IN GENERAL.—Z–1 and Z–3 non18 immigrants shall be authorized to work in the 

19 United States. 

20 (B) CONTINUOUS EMPLOYMENT REQUIRE21 MENT.—All requirements that an alien be em22 ployed or seeking employment for purposes of 

23 this Title shall not apply to an alien who is 

24 under 16 years or over 65 years of age. A Z– 

25 1 or Z–3 nonimmigrant between 16 and 65 


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1 years of age must remain continuously em2 ployed full time in the United States as a condi3 tion of such nonimmigrant status, except 

4 where— 

5 (i) the alien is pursuing a full course 

6 of study at an established college, univer7 sity, seminary, conservatory, trade school, 

8 academic high school, elementary school, or 

9 other academic institution or language 

10 training program; 

11 (ii) the alien is employed while also 

12 engaged in study at an established college, 

13 university, seminary, conservatory, aca14 demic high school, elementary school, or 

15 other academic institution or language 

16 training program; 

17 (iii) the alien cannot demonstrate em18 ployment because of a physical or mental 

19 disability (as defined under section 3(2) of 

20 the Americans with Disabilities Act of 

21 1990 (42 U.S.C. 12102(2)) or as a result 

22 of pregnancy if such condition is evidenced 

23 by the submission of documentation pre24 scribed by the Secretary; or 


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1 (iv) the alien’s ability to work has 

2 been temporarily interrupted by an event 

3 that the Secretary has determined to be a 

4 force majeure interruption. 

5 (2) Z–2 NONIMMIGRANTS.—Z–2 nonimmigrants 

6 shall be authorized to work in the United States. 

7 (3) PORTABILITY.—Nothing in this subsection 

8 shall be construed to limit the ability of a Z non9 immigrant to change employers during the alien’s 

10 period of authorized admission. 

11 (n) TRAVEL OUTSIDE THE UNITED STATES.— 

12 (1) IN GENERAL.—A Z nonimmigrant— 

13 (A) may travel outside of the United 

14 States; and 

15 (B) may be readmitted (if otherwise admis16 sible) without having to obtain a visa if— 

17 (i) the alien’s most recent period of 

18 authorized admission has not expired; 

19 (ii) the alien is the bearer of valid 

20 documentary evidence of Z nonimmigrant 

21 status that satisfies the conditions set 

22 forth in section (j); and 

23 (iii) the alien is not subject to the 

24 bars on extension described in subsection 

25 (k)(2)(E). 


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1 (2) ADMISSIBILITY.—On seeking readmission to 

2 the United States after travel outside the United 

3 States an alien granted Z nonimmigrant status must 

4 establish that he or she is not inadmissible, except 

5 as provided by subsection (d)(2). 

6 (3) EFFECT ON PERIOD OF AUTHORIZED AD7 MISSION.—Time spent outside the United States 

8 under paragraph (1) shall not extend the most re9 cent period of authorized admission in the United 

10 States under subsection (k). 

11 (o) TERMINATION OF BENEFITS.— 

12 (1) IN GENERAL.—Any benefit provided to a Z 

13 nonimmigrant or an applicant for Z nonimmigrant 

14 status under this section shall terminate if— 

15 (A) the Secretary determines that the alien 

16 is ineligible for such classification and all review 

17 procedures under section 603 of the [Insert title 

18 of Act] have been exhausted or waived by the 

19 alien; 

20 (B)(i) the alien is found removable from 

21 the United States under section 237 of the Im22 migration and Nationality Act (8 U.S.C. 1227); 

23 (ii) the alien becomes inadmissible under 

24 section 212 (except as provided in subsection 

25 (d)(2), or 


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1 (iii) the alien becomes ineligible under sub2 section (d)(1); 

3 (C) the alien has used documentation 

4 issued under this section for unlawful or fraud5 ulent purposes; 

6 (D) in the case of the spouse or child of 

7 an alien applying for a Z nonimmigrant visa or 

8 classified as a Z nonimmigrant under this sec9 tion, the benefits for the principal alien are ter10 minated; 

11 (E) with respect to a Z–1 or Z–3 non12 immigrant, the employment or study require13 ments under subsection (m) have been violated; 

14 or 

15 (F) with respect to probationary benefits, 

16 the alien’s application for Z nonimmigrant sta17 tus is denied. 

18 (2) DENIAL OF IMMIGRANT VISA OR ADJUST19 MENT APPLICATION.—Any application for an immi20 grant visa or adjustment of status to lawful perma21 nent resident status made under this section by an 

22 alien whose Z nonimmigrant status is terminated 

23 under paragraph (1) shall be denied. 

24 (3) DEPARTURE FROM THE UNITED STATES.— 

25 Any alien whose period of authorized admission or 


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1 probationary benefits is terminated under paragraph 

2 (1), as well as the alien’s Z–2 or Z–3 nonimmigrant 

3 dependents, shall depart the United States imme4 diately. 

5 (4) INVALIDATION OF DOCUMENTATION.—Any 

6 documentation that is issued by the Secretary of 

7 Homeland Security under subsection (j) or pursuant 

8 to subsection (h)(4) to any alien, whose period of au9 thorized admission terminates under paragraph (1), 

10 shall automatically be rendered invalid for any pur11 pose except departure. 

12 (p) REVOCATION.—If, at any time after an alien has 

13 obtained status under section 601 of the [Insert title of 

14 Act] but not yet adjusted such status to that of an alien 

15 lawfully admitted for permanent residence under section 

16 602, the Secretary may, for good and sufficient cause, if 

17 it appears that the alien was not in fact eligible for status 

18 under section 601, revoke the alien’s status following ap19 propriate notice to the alien. 

20 (q) DISSEMINATION OF INFORMATION ON Z PRO21 GRAM.—During the 2-year period immediately after the 

22 issuance of regulations implementing this title, the Sec23 retary, in cooperation with entities approved by the Sec24 retary, shall broadly disseminate information respecting Z 

25 classification under this section and the requirements to 


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1 be satisfied to obtain such classification. The Secretary 

2 shall disseminate information to employers and labor 

3 unions to advise them of the rights and protections avail4 able to them and to workers who file applications under 

5 this section. Such information shall be broadly dissemi6 nated, in no fewer than the top five principal languages, 

7 as determined by the Secretary in his discretion, spoken 

8 by aliens who would qualify for classification under this 

9 section, including to television, radio, and print media to 

10 which such aliens would have access. 

11 (r) DEFINITIONS.—In this title and section 214A of 

12 the Immigration and Nationality Act: 

13 (1) Z NONIMMIGRANT; Z NONIMMIGRANT WORK14 ER.—The term ‘‘Z nonimmigrant worker’’ means an 

15 alien admitted to the United States under paragraph 

16 (Z) of subsection 101(a)(15). The term does not in17 clude aliens granted probationary benefits under 

18 subsection (h) and whose applications for non19 immigrant status under section 101(a)(15)(Z) of the 

20 Act have not yet been adjudicated. 

21 (2) Z–1 NONIMMIGRANT; Z–1 WORKER.—The 

22 term ‘‘Z–1 nonimmigrant’’ or ‘‘Z–1 worker’’ means 

23 an alien admitted to the United States under para24 graph (i)(I) of subsection 101(a)(15)(Z). 


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1 (3) Z–A NONIMMIGRANT; Z–A WORKER.—The 

2 term ‘‘Z–A nonimmigrant’’ or ‘‘Z–A worker’’ means 

3 an alien admitted to the United States under para4 graph (ii)(II) of subsection 101(a)(15)(Z). 

5 (4) Z–2 NONIMMIGRANT.—The term ‘‘Z–2 non6 immigrant’’ means an alien admitted to the United 

7 States under paragraph (ii) of subsection 

8 101(a)(15)(Z). 

9 (5) Z–3 NONIMMIGRANT; Z–3 WORKER.—The 

10 term ‘‘Z–3 nonimmigrant’’ or ‘‘Z–3 worker’’ means 

11 an alien admitted to the United States under para12 graph (iii) of subsection 101(a)(15)(Z). 

13 SEC. 602. EARNED ADJUSTMENT FOR Z STATUS ALIENS. 

14 (a) LAWFUL PERMANENT RESIDENCE.— 

15 (1) Z–1 NONIMMIGRANTS.— 

16 (A) PROHIBITION ON IMMIGRANT VISA.—A 

17 Z–1 nonimmigrant may not be issued an immi18 grant visa pursuant to sections 221 and 222. 

19 (B) ADJUSTMENT.—Notwithstanding sec20 tions 245 (a) and (c), the status of any Z–1 

21 nonimmigrant may be adjusted by the Secretary 

22 of Homeland Security to that of an alien law23 fully admitted for permanent residence. 

24 (C) REQUIREMENTS.—A Z–1 non25 immigrant may adjust status to that of an alien 


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1 lawfully admitted for permanent residence upon 

2 satisfying, in addition to all other requirements 

3 imposed by law, including the merit require4 ments set forth in section 

5 203(b)(1)(A)[INSERT CITE], the following re6 quirements: 

7 (i) STATUS.—The alien must be in 

8 valid Z–1 nonimmigrant status. 

9 (ii) CONSULAR APPLICATION.— 

10 (I) IN GENERAL.—A Z–1 non11 immigrant’s application for adjust12 ment of status to that of an alien law13 fully admitted for permanent resi14 dence must be filed in person with a 

15 United States consulate abroad. 

16 (II) PLACE OF APPLICATION.— 

17 Unless otherwise directed by the Sec18 retary of State, a Z–1 nonimmigrant 

19 applying for adjustment of status 

20 under this paragraph shall make an 

21 application at a consular office in the 

22 alien’s country of origin. A consular 

23 office in a country that is not a Z–1 

24 nonimmigrant’s country of origin may 

25 as a matter of discretion, or shall at 


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1 the direction of the Secretary of 

2 State, accept an application for ad3 justment of status from such an alien. 

4 (iii) APPROVED PETITION.—The alien 

5 must be the beneficiary of an approved pe6 tition under section 204 of the Act or have 

7 an approved petition that was filed pursu8 ant to the evaluation system under section 

9 203(b)(1)(A) of the Act. 

10 (iv) ADMISSIBILITY.—The alien must 

11 not be inadmissible under section 212(a), 

12 except for those grounds previously waived 

13 under subsection (d)(2). 

14 (v) FEES AND PENALTIES.—In addi15 tion to the fees payable to the Secretary of 

16 Homeland Security and Secretary of State 

17 in connection with the filing of an immi18 grant petition and application for adjust19 ment of status, a Z–1 head of household 

20 must pay a $4,000 penalty at the time of 

21 submission of any immigrant petition on 

22 his behalf, regardless of whether the alien 

23 submits such petition on his own behalf or 

24 the alien is the beneficiary of an immigrant 

25 petition filed by another party. 


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1 (D) EXEMPTIONS.—Section 

2 602(a)(1)(c)(ii) shall not apply to an alien who, 

3 on the date on which the application for adjust4 ment of status is filed under this section, is ex5 empted from the employment requirements 

6 under subsection (m)(1)(B)(iii). 

7 (E) FAILURE TO ESTABLISH LAWFUL AD8 MISSION TO THE UNITED STATES.—Unless ex9 empted under subparagraph (D), a Z immi10 grant who fails to depart and reenter the 

11 United States in accordance with paragraph (1) 

12 may not become a lawful permanent resident 

13 under this section. 

14 (2) Z–2 AND Z–3 NONIMMIGRANTS.— 

15 (A) RESTRICTION ON VISA ISSUANCE OR

16 ADJUSTMENT.—An application for an immi17 grant visa or for adjustment of status to that 

18 of an alien lawfully admitted for permanent res19 idence of a Z–2 nonimmigrant or a Z–3 non20 immigrant under 18 years of age may not be 

21 approved before the adjustment of status of the 

22 alien’s principal Z–1 nonimmigrant. 

23 (B) ADJUSTMENT OF STATUS.— 

24 (i) ADJUSTMENT.—Notwithstanding 

25 sections 245 (a) and (c), the status of any 


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1 Z–2 or Z–3 nonimmigrant may be adjusted 

2 by the Secretary of Homeland Security to 

3 that of an alien lawfully admitted for per4 manent residence. 

5 (ii) REQUIREMENTS.—A Z–2 or Z–3 

6 nonimmigrant may adjust status to that of 

7 an alien lawfully admitted for permanent 

8 residence upon satisfying, in addition to all 

9 other requirements imposed by law, the fol10 lowing requirements: 

11 (I) STATUS.—The alien must be 

12 in valid Z–2 or Z–3 nonimmigrant 

13 status. 

14 (II) APPROVED PETITION.—The 

15 alien must be the beneficiary of an ap16 proved petition under section 204 of 

17 the Act or have an approved petition 

18 that was filed pursuant to the merit19 based evaluation system under section 

20 203(b)(1)(A) of the Act. 

21 (III) ADMISSIBILITY.—The alien 

22 must not be inadmissible under sec23 tion 212(a), except for those grounds 

24 previously waived under subsection 

25 (d)(2). 


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1 (IV) FEES.—The alien must pay 

2 the fees payable to the Secretary of 

3 Homeland Security and Secretary of 

4 State in connection with the filing of 

5 an immigrant petition and application 

6 for an immigrant visa. 

7 (3) MAINTENANCE OF WAIVERS OF INADMIS8 SIBILITY.—The grounds of inadmissibility not appli9 cable under section (d)(2) shall also be considered 

10 inapplicable for purposes of admission as an immi11 grant or adjustment pursuant to this subsection. 

12 (4) APPLICATION OF OTHER LAW.—In proc13 essing applications under this subsection on behalf 

14 of aliens who have been battered or subjected to ex15 treme cruelty, the Secretary shall apply— 

16 (A) the provisions under section 

17 204(a)(1)(J) of the Immigration and Nation18 ality Act (8 U.S.C. 1154(a)(1)(J)); and 

19 (B) the protections, prohibitions, and pen20 alties under section 384 of the Illegal Immigra21 tion Reform and Immigrant Responsibility Act 

22 of 1996 (8 U.S.C. 1367). 

23 (5) BACK OF THE LINE.—An alien may not ad24 just status to that of a lawful permanent resident 

25 under this section until 30 days after an immigrant 


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1 visa becomes available for approved petitions filed 

2 under sections 201, 202, and 203 of the Act that 

3 were filed before May 1, 2005. 

4 (6) INELIGIBILITY FOR PUBLIC BENEFITS.— 

5 For purposes of section 403 of the Personal Respon6 sibility and Work Opportunity Reconciliation Act of 

7 1996 (8 U.S.C. 1613), an alien whose status has 

8 been adjusted under this section shall not be eligible 

9 for any Federal means-tested public benefit unless 

10 the alien meets the alien eligibility criteria for such 

11 benefit under title IV of such Act (8 U.S.C. 1601 et 

12 seq.). 

13 (7) MEDICAL EXAMINATION.—An applicant for 

14 earned adjustment shall undergo an appropriate 

15 medical examination (including a determination of 

16 immunization status) that conforms to generally ac17 cepted professional standards of medical practice. 

18 (8) PAYMENT OF INCOME TAXES.— 

19 (A) IN GENERAL.—Not later than the date 

20 on which status is adjusted under this section, 

21 the applicant shall satisfy any applicable Fed22 eral tax liability accrued during the period of Z 

23 status by establishing that— 

24 (i) no such tax liability exists; 


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1 (ii) all outstanding liabilities have 

2 been paid; or 

3 (iii) the applicant has entered into, 

4 and is in compliance with, an agreement 

5 for payment of all outstanding liabilities 

6 with the Internal Revenue Service. 

7 (B) IRS COOPERATION.—The Secretary of 

8 the Treasury shall establish rules and proce9 dures under which the Commissioner of Inter10 nal Revenue shall provide documentation to— 

11 (i) the applicant, upon request, to es12 tablish the payment of all taxes required 

13 under this subsection; or 

14 (ii) the Secretary, upon request, re15 garding the payment of Federal taxes by 

16 an alien applying for a benefit under this 

17 section. 

18 (9) DEPOSIT OF FEES.—Fees collected under 

19 this paragraph shall be deposited into the Immigra20 tion Examination Fee Account and shall remain 

21 available as provided under subsections (m) and (n) 

22 of section 286 of the Immigration and Nationality 

23 Act (8 U.S.C. 1356). 

24 (10) DEPOSIT OF PENALTIES.—Penalties col25 lected under this paragraph shall be deposited into 


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1 the Temporary Worker Program Account and shall 

2 remain available as provided under section 286(w) of 

3 the Immigration and Nationality Act. 

4 SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL PRO5 CEEDINGS, AND JUDICIAL REVIEW FOR 

6 ALIENS WHO HAVE APPLIED FOR LEGAL STA7 TUS. 

8 (a) ADMINISTRATIVE REVIEW FOR ALIENS WHO

9 HAVE APPLIED FOR STATUS UNDER THIS TITLE.— 

10 (1) EXCLUSIVE REVIEW.—Administrative re11 view of a determination respecting nonimmigrant 

12 status under this title shall be conducted solely in 

13 accordance with this subsection. 

14 (2) ADMINISTRATIVE APPELLATE REVIEW.— 

15 Except as provided in subparagraph (b)(2), an alien 

16 whose status under this title has been denied, termi17 nated, or revoked may file not more than one appeal 

18 of the denial, termination, or rescission with the Sec19 retary not later than 30 calendar days after the date 

20 of the decision or mailing thereof, whichever occurs 

21 later in time. The Secretary shall establish an appel22 late authority to provide for a single level of admin23 istrative appellate review of a denial, termination, or 

24 rescission of status under [this Act]. 


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1 (3) STANDARD FOR REVIEW.—Such administra2 tive appellate review shall be based solely upon the 

3 administrative record established at the time of the 

4 determination on the application and upon such ad5 ditional newly discovered or previously unavailable 

6 evidence as the administrative appellate review au7 thority may decide to consider at the time of the de8 termination. 

9 (4) LIMITATION ON MOTIONS TO REOPEN AND

10 RECONSIDER.—During the administrative appellate 

11 review process the alien may file not more than one 

12 motion to reopen or to reconsider. The Secretary’s 

13 decision whether to consider any such motion is 

14 committed to the Secretary’s discretion. 

15 (b) REMOVAL OF ALIENS WHO HAVE BEEN DENIED

16 STATUS UNDER THIS TITLE.— 

17 (1) SELF-INITIATED REMOVAL.—Any alien who 

18 receives a denial under subsection (a) may request, 

19 not later than 30 calendar days after the date of the 

20 denial or the mailing thereof, whichever occurs later 

21 in time, that the Secretary place the alien in removal 

22 proceedings. The Secretary shall place the alien in 

23 removal proceedings to which the alien would other24 wise be subject, unless the alien is subject to an ad25 ministratively final order of removal, provided that 


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1 no court shall have jurisdiction to review the timing 

2 of the Secretary’s initiation of such proceedings. If 

3 the alien is subject to an administratively final order 

4 of removal, the alien may seek review of the denial 

5 under this section pursuant to subsection 242(h) as 

6 though the order of removal had been entered on the 

7 date of the denial, provided that the court shall not 

8 review the order of removal except as otherwise pro9 vided by law. 

10 (2) ALIENS WHO ARE DETERMINED TO BE IN11 ELIGIBLE DUE TO CRIMINAL CONVICTIONS.— 

12 (A) AGGRAVATED FELONS.—Notwith13 standing any other provision of this Act, an 

14 alien whose application for status under this 

15 title has been denied or whose status has been 

16 terminated or revoked by the Secretary under 

17 clause (1)(F)(ii) of subsection 601(d) of [this 

18 Act] because the alien has been convicted of an 

19 aggravated felony, as defined in paragraph 

20 101(a)(43) of the INA, may be placed forthwith 

21 in proceedings pursuant to section 238(b) of 

22 the INA. 

23 (B) OTHER CRIMINALS.—Notwithstanding 

24 any other provision of this Act, any other alien 

25 whose application for status under this title has 


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1 been denied or whose status has been termi2 nated or revoked by the Secretary under clauses 

3 (1)(F) (i), (iii), or (iv) of subsection [CITE: 

4 601(d)] of [this Act] may be placed forthwith 

5 in removal proceedings under section 240 of the 

6 INA. 

7 (C) FINAL DENIAL, TERMINATION OR RE8 SCISSION.—The Secretary’s denial, termination, 

9 or rescission of the status of any alien described 

10 in clauses (i) and (ii) of this subparagraph shall 

11 be final for purposes of subparagraph 

12 242(h)(3)(C) of the INA and shall represent 

13 the exhaustion of all review procedures for pur14 poses of subsections 601(h) (relating to treat15 ment of applicants) and 601(o) (relating to ter16 mination of proceedings) of this Act, notwith17 standing paragraph (a)(2) of this section. 

18 (3) LIMITATION ON MOTIONS TO REOPEN AND

19 RECONSIDER.—During the removal process under 

20 this subsection the alien may file not more than one 

21 motion to reopen or to reconsider. The Secretary’s 

22 or Attorney General’s decision whether to consider 

23 any such motion is committed to the Attorney Gen24 eral’s discretion. 


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1 (c) JUDICIAL REVIEW.—Section 242 of the Immigra2 tion and Nationality Act is amended by adding at the end 

3 the following subsection (h): 

4 ‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA5 TIONS RELATING TO STATUS UNDER TITLE VI OF [THIS

6 ACT].— 

7 ‘‘(1) EXCLUSIVE REVIEW.—Notwithstanding 

8 any other provision of law (statutory or nonstatu9 tory), including section 2241 of title 28, or any 

10 other habeas corpus provision, and sections 1361 

11 and 1651 of such title, and except as provided in 

12 this subsection, no court shall have jurisdiction to 

13 review a determination respecting an application for 

14 status under title VI of [this Act], including, without 

15 limitation, a denial, termination, or rescission of 

16 such status. 

17 ‘‘(2) NO REVIEW FOR LATE FILINGS.—An alien 

18 may not file an application for status under title VI 

19 of [this Act] beyond the period for receipt of such 

20 applications established by subsection 601(f) thereof. 

21 The denial of any application filed beyond the expi22 ration of the period established by that subsection 

23 shall not be subject to judicial review or remedy. 

24 ‘‘(3) REVIEW OF A DENIAL, TERMINATION, OR

25 RESCISSION OF STATUS UNDER TITLE VI OF [THIS


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1 ACT].—A denial, termination, or rescission of status 

2 under subsection 601 of [this Act] may be reviewed 

3 only in conjunction with the judicial review of an 

4 order of removal under this section, provided that: 

5 ‘‘(A) the venue provision set forth in (b)(2) 

6 shall govern; 

7 ‘‘(B) the deadline for filing the petition for 

8 review in (b)(1) shall control; 

9 ‘‘(C) the alien has exhausted all adminis10 trative remedies available to the alien as of 

11 right, including but not limited to the timely fil12 ing of an administrative appeal pursuant to 

13 subsection 603(a) of [this Act]; 

14 ‘‘(D) the court shall decide a challenge to 

15 the denial of status only on the administrative 

16 record on which the Secretary’s denial, termi17 nation, or rescission was based; 

18 ‘‘(E) LIMITATION ON REVIEW.—Notwith19 standing any other provision of law (statutory 

20 or nonstatutory), including section 2241 of title 

21 28, or any other habeas corpus provision, and 

22 sections 1361 and 1651 of such title, no court 

23 reviewing a denial, termination, or rescission of 

24 status under Title VI of [this Act] may review 

25 any discretionary decision or action of the SecVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 retary regarding any application for or termi2 nation or rescission of such status; and 

3 ‘‘(F) LIMITATION ON MOTIONS TO REOPEN

4 AND RECONSIDER.—The alien may file not 

5 more than one motion to reopen or to recon6 sider in proceedings brought under this section. 

7 ‘‘(4) STANDARD FOR JUDICIAL REVIEW.—Judi8 cial review of the Secretary’s denial, termination, or 

9 rescission of status under title VI of [this Act] relat10 ing to any alien shall be based solely upon the ad11 ministrative record before the Secretary when he en12 ters a final denial, termination, or rescission. The 

13 administrative findings of fact are conclusive unless 

14 any reasonable adjudicator would be compelled to 

15 conclude to the contrary. The legal determinations 

16 are conclusive unless manifestly contrary to law. 

17 ‘‘(5) CHALLENGES ON VALIDITY OF THE SYS18 TEM.— 

19 ‘‘(A) IN GENERAL.—Any claim that title 

20 VI of [this Act], or any regulation, written pol21 icy, or written directive issued or unwritten pol22 icy or practice initiated by or under the author23 ity of the Secretary of Homeland Security to 

24 implement that title, violates the Constitution 

25 of the United States or is otherwise in violation 


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1 of law is available exclusively in an action insti2 tuted in the United States District Court for 

3 the District of Columbia in accordance with the 

4 procedures prescribed in this paragraph. Noth5 ing in this subparagraph shall preclude an ap6 plicant for status under title VI of [this Act] 

7 from asserting that an action taken or decision 

8 made by the Secretary with respect to his sta9 tus under that title was contrary to law in a 

10 proceeding under section 603 of [this Act] and 

11 paragraph (b)(2) of this section. 

12 ‘‘(B) DEADLINES FOR BRINGING AC13 TIONS.—Any action instituted under this para14 graph, 

15 (i) must, if it asserts a claim that title 

16 VI of [this Act] or any regulation, written 

17 policy, or written directive issued by or 

18 under the authority of the Secretary to im19 plement that title violates the Constitution 

20 or is otherwise unlawful, be filed no later 

21 than one year after the date of the publica22 tion or promulgation of the challenged reg23 ulation, policy or directive or, in cases 

24 challenging the validity of the Act, within 

25 one year of enactment; and 


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1 (ii) must, if it asserts a claim that an 

2 unwritten policy or practice initiated by or 

3 under the authority of the Secretary vio4 lates the Constitution or is otherwise un5 lawful, be filed no later than one year after 

6 the plaintiff knew or reasonably should 

7 have known of the unwritten policy or 

8 practice. 

9 ‘‘(C) CLASS ACTIONS.—Any claim de10 scribed in subparagraph (A) that is brought as 

11 a class action shall be brought in conformity 

12 with Public Law 109–2 and the Federal Rules 

13 of Civil Procedure.’’ 

14 ‘‘(D) PRECLUSIVE EFFECT.—The final dis15 position of any claim brought under subpara16 graph (5)(A) shall be preclusive of any such 

17 claim asserted in a subsequent proceeding 

18 under this subsection or under subsection 603 

19 [of this Act]. 

20 ‘‘(E) EXHAUSTION AND STAY OF PRO21 CEEDINGS.—No claim brought under this para22 graph shall require the plaintiff to exhaust ad23 ministrative remedies under subsection 603 of 

24 [this Act], but nothing shall prevent the court 

25 from staying proceedings under this paragraph 


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1 to permit the Secretary to evaluate an allega2 tion of an unwritten policy or practice or to 

3 take corrective action. In issuing such a stay, 

4 the court shall take into account any harm the 

5 stay may cause to the claimant. The court shall 

6 have no authority to stay proceedings initiated 

7 under any other section of the INA.’’ 

8 SEC. 604. MANDATORY DISCLOSURE OF INFORMATION. 

9 (a) IN GENERAL.—Except as otherwise provided in 

10 this section, no Federal agency or bureau, or any officer 

11 or employee of such agency or bureau, may— 

12 (1) use the information furnished by the appli13 cant pursuant to an application filed under section 

14 601 and 602, for any purpose, other than to make 

15 a determination on the application; 

16 (2) make any publication through which the in17 formation furnished by any particular applicant can 

18 be identified; or 

19 (3) permit anyone other than the sworn offi20 cers, employees or contractors of such agency, bu21 reau, or approved entity, as approved by the Sec22 retary of Homeland Security, to examine individual 

23 applications that have been filed. 

24 (b) REQUIRED DISCLOSURES.—The Secretary of 

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1 vide the information furnished pursuant to an application 

2 filed under section 601 and 602, and any other informa3 tion derived from such furnished information, to— 

4 (1) a law enforcement entity, intelligence agen5 cy, national security agency, component of the De6 partment of Homeland Security, court, or grand 

7 jury in connection with a criminal investigation or 

8 prosecution or a national security investigation or 

9 prosecution, in each instance about an individual 

10 suspect or group of suspects, when such information 

11 is requested by such entity; 

12 (2) a law enforcement entity, intelligence agen13 cy, national security agency, or component of the 

14 Department of Homeland Security in connection 

15 with a duly authorized investigation of a civil viola16 tion, in each instance about an individual suspect or 

17 group of suspects, when such information is re18 quested by such entity; or 

19 (3) an official coroner for purposes of affirma20 tively identifying a deceased individual, whether or 

21 not the death of such individual resulted from a 

22 crime. 

23 (c) INAPPLICABILITY AFTER DENIAL.—The limita24 tions under subsection (a)— 


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1 (1) shall apply only until an application filed 

2 under section 601 and 602 is denied and all oppor3 tunities for administrative appeal of the denial have 

4 been exhausted; and 

5 (2) shall not apply to the use of the information 

6 furnished pursuant to such application in any re7 moval proceeding or other criminal or civil case or 

8 action relating to an alien whose application has 

9 been granted that is based upon any violation of law 

10 committed or discovered after such grant. 

11 (d) CRIMINAL CONVICTIONS.—Notwithstanding any 

12 other provision of this section, information concerning 

13 whether the applicant has at any time been convicted of 

14 a crime may be used or released for immigration enforce15 ment and law enforcement purposes. 

16 (e) AUDITING AND EVALUATION OF INFORMATION.— 

17 The Secretary may audit and evaluate information fur18 nished as part of any application filed under sections 601 

19 and 602, any application to extend such status under sec20 tion 601(k), or any application to adjust status to that 

21 of an alien lawfully admitted for permanent residence 

22 under section 602, for purposes of identifying fraud or 

23 fraud schemes, and may use any evidence detected by 

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1 tigating, prosecuting or referring for prosecution, denying, 

2 or terminating immigration benefits. 

3 (f) USE OF INFORMATION IN PETITIONS AND APPLI4 CATIONS SUBSEQUENT TO ADJUSTMENT OF STATUS.—If 

5 the Secretary has adjusted an alien’s status to that of an 

6 alien lawfully admitted for permanent residence pursuant 

7 to section 602, then at any time thereafter the Secretary 

8 may use the information furnished by the alien in the ap9 plication for adjustment of status or in the applications 

10 for status pursuant to sections 601 or 602 to make a de11 termination on any petition or application. 

12 (g) CRIMINAL PENALTY.—Whoever knowingly uses, 

13 publishes, or permits information to be examined in viola14 tion of this section shall be fined not more than $10,000. 

15 (h) CONSTRUCTION.—Nothing in this section shall be 

16 construed to limit the use, or release, for immigration en17 forcement purposes of information contained in files or 

18 records of the Secretary or Attorney General pertaining 

19 to an application filed under sections 601 or 602, other 

20 than information furnished by an applicant pursuant to 

21 the application, or any other information derived from the 

22 application, that is not available from any other source. 

23 (i) REFERENCES.—References in this section to sec24 tion 601 or 602 are references to sections 601 and 602 

25 of this Act and the amendments made by those sections. 


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1 SEC. 605. EMPLOYER PROTECTIONS. 

2 (a) Copies of employment records or other evidence 

3 of employment provided by an alien or by an alien’s em4 ployer in support of an alien’s application for Z non5 immigrant status shall not be used in a prosecution or 

6 investigation (civil or criminal) of that employer under sec7 tion 247A (8 U.S.C. 1324a) or the tax laws of the United 

8 States for the prior unlawful employment of that alien, 

9 regardless of the adjudication of such application or recon10 sideration by the Secretary of such alien’s prima facie eli11 gibility determination. 

12 (b) APPLICABILITY OF OTHER LAW.—Nothing in 

13 this section may be used to shield an employer from liabil14 ity under section 274B of the Immigration and Nation15 ality Act (8 U.S.C. 1324b) or any other labor or employ16 ment law. 

17 SEC. 606. ENUMERATION OF SOCIAL SECURITY NUMBER. 

18 The Secretary of Homeland Security, in coordination 

19 with the Commissioner of the Social Security Administra20 tion, shall implement a system to allow for the prompt 

21 enumeration of a Social Security number after the Sec22 retary of Homeland Security has granted an alien Z non23 immigrant status or any probationary benefits based upon 

24 application for such status. 


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1 SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS FOR 

2 PERIODS WITHOUT WORK AUTHORIZATION. 

3 (a) INSURED STATUS.—Section 214 of the Social Se4 curity Act (42 U.S.C. 414) is amended by striking sub5 section (c) and inserting the following new subsections: 

6 ‘‘(c)(1) Except as provided in paragraph (2), for pur7 poses of subsections (a) and (b), no quarter of coverage 

8 shall be credited for any calendar year beginning on or 

9 after January 1, 2004, with respect to an individual who 

10 is not a natural-born United States citizen, unless the 

11 Commissioner of Social Security determines, on the basis 

12 of information provided to the Commissioner in accord13 ance with an agreement entered into under subsection (d) 

14 or otherwise, that the individual was authorized to be em15 ployed in the United States during such quarter. 

16 ‘‘(2) Paragraph (1) shall not apply to an indi17 vidual who was assigned a social security account 

18 number prior to January 1, 2004. 

19 ‘‘(d) Not later than 180 days after the date of the 

20 enactment of this subsection, the Secretary of Homeland 

21 Security shall enter into an agreement with the Commis22 sioner of Social Security to provide such information as 

23 the Commissioner determines necessary to carry out the 

24 limitation on crediting quarters of coverage under sub25 section (c).’’. 


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1 (b) BENEFIT COMPUTATION.—Section 215(e) of the 

2 Social Security Act (42 U.S.C. 415(e)) is amended— 

3 (1) by striking ‘‘and’’ at the end of paragraph 

4 (1); 

5 (2) by striking the period at the end of para6 graph (2) and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(3) in computing the average indexed monthly 

10 earnings of an individual, there shall not be counted 

11 any wages or self-employment income for any year 

12 for which no quarter of coverage may be credited to 

13 such individual as a result of the application of sec14 tion 214(c).’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to benefit applications filed on or 

17 after the date that is 180 days after the date of the enact18 ment of this Act based on the wages or self-employment 

19 income of an individual with respect to whom a primary 

20 insurance amount has not been determined under title II 

21 of the Social Security Act (42 U.S.C. 401 et seq.) before 

22 such date. 


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

2 COLLECTED. 

3 (a) The Secretary shall by regulation establish proce4 dures allowing for the payment of 80 percent of the pen5 alties described in Section 601(e)(6)(B) and Section 

6 602(a)(1)(C)(v) through an installment payment plan. 

7 (b) Any penalties received under this title with re8 spect to an application for Z–1 nonimmigrant status shall 

9 be used in the following order of priority: 

10 (1) shall be credited as offsetting collections to 

11 appropriations provided pursuant to section 611 for 

12 the fiscal year in which this Act is enacted and the 

13 subsequent fiscal year; and 

14 (2) shall be deposited and remain available as 

15 otherwise provided under this title. 

16 SEC. 609. LIMITATIONS ON ELIGIBILITY. 

17 (a) IN GENERAL.—An alien is not ineligible for any 

18 immigration benefit under any provision of this title, or 

19 any amendment made by this title, solely on the basis that 

20 the alien violated section 1543, 1544, or 1546 of title 18, 

21 United States Code, or any amendments made by the 

22 [NAME OF THIS ACT], during the period beginning on 

23 the date of the enactment of such Act and ending on the 

24 date on which the alien applies for any benefits under this 

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1 sentation on the application for Z nonimmigrant status 

2 filed by the alien. 

3 (b) PROSECUTION.—An alien who commits a viola4 tion of section 1543, 1544, or 1546 of such title or any 

5 amendments made by the [NAME OF THIS ACT], dur6 ing the period beginning on the date of the enactment of 

7 such Act and ending on the date that the alien applies 

8 for eligibility for such benefit may be prosecuted for the 

9 violation if the alien’s application for such benefit is de10 nied. 

11 SEC. 610. RULEMAKING. 

12 (a) The Secretary shall issue an interim final rule 

13 within six months of the date of enactment of this subtitle 

14 to implement this title and the amendments made by this 

15 title. The interim final rule shall become effective imme16 diately upon publication in the Federal Register. The in17 terim final rule shall sunset two years after issuance un18 less the Secretary issues a final rule within two years of 

19 the issuance of the interim final rule. 

20 (b) The exemption provided under this section shall 

21 sunset no later than two years after the date of enactment 

22 of this subtitle, provided that, such sunset shall not be 

23 construed to impose any requirements on, or affect the 

24 validity of, any rule issued or other action taken by the 

25 Secretary under such exemptions. 


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1 SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) The first $4,400,000,000 of such penalties shall 

3 be deposited into the general fund of the Treasury as re4 payment of funds transferred into the Immigration Secu5 rity Account under section 286(z)(1) of the Immigration 

6 and Nationality Act. 

7 (b) Penalties in excess of $4,400,000,000 shall be de8 posited and remain available as otherwise provided under 

9 this Act. 

10 (c) SENSE OF CONGRESS.—It is the sense of the Con11 gress that funds authorized to be appropriated under sub12 section (a) should be directly appropriated so as to facili13 tate the orderly and timely commencement of the proc14 essing of applications filed under sections 601 and 602. 

15 Subtitle B—DREAM Act 

16 SEC. 612. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Development, Re18 lief, and Education for Alien Minors Act of 2007’’ or the 

19 ‘‘DREAM Act of 2007’’. 

20 SEC. 613. DEFINITIONS. 

21 In this subtitle: 

22 (1) INSTITUTION OF HIGHER EDUCATION.—The 

23 term ‘‘institution of higher education’’ has the 

24 meaning given that term in section 101 of the High25 er Education Act of 1965 (20 U.S.C. 1001). 


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1 (2) UNIFORMED SERVICES.—The term ‘‘uni2 formed services’’ has the meaning given that term in 

3 section 101(a) of title 10, United States Code. 

4 SEC. 614. ADJUSTMENT OF STATUS OF CERTAIN LONG5 TERM RESIDENTS WHO ENTERED THE 

6 UNITED STATES AS CHILDREN. 

7 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI8 DENTS WHO ENTERED THE UNITED STATES AS CHIL9 DREN.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law and except as otherwise provided in 

12 this subtitle, the Secretary may beginning on the 

13 date that is three years after the date of enactment 

14 of this Act adjust to the status of an alien lawfully 

15 admitted for permanent residence an alien who is 

16 determined to be eligible for or has been issued a 

17 probationary Z or Z nonimmigrant visa if the alien 

18 demonstrates that— 

19 (A) the alien has been physically present in 

20 the United States for a continuous period since 

21 January 1, 2007, is under 30 years of age on 

22 the date of enactment, and had not yet reached 

23 the age of 16 years at the time of initial entry; 


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1 (B) the alien has earned a high school di2 ploma or obtained a general education develop3 ment certificate in the United States; 

4 (C) The alien has not abandoned the 

5 alien’s residence in the United States. The Sec6 retary shall presume that the alien has aban7 doned such residence if the alien is absent from 

8 the United States for more than 365 days, in 

9 the aggregate, during the period of conditional 

10 residence, unless the alien demonstrates that 

11 alien has not abandoned the alien’s residence. 

12 An alien who is absent from the United States 

13 due to active service in the uniformed services 

14 has not abandoned the alien’s residence in the 

15 United States during the period of such service. 

16 (D) The alien has— 

17 (i) acquired a degree from an institu18 tion of higher education in the United 

19 States or has completed at least 2 years, in 

20 good standing, in a program for a bach21 elor’s degree or higher degree in the 

22 United States; or 

23 (ii) The alien has served in the uni24 formed services for at least 2 years and, if 


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1 discharged, has received an honorable dis2 charge. 

3 (E) The alien has provided a list of all of 

4 the secondary educational institutions that the 

5 alien attended in the United States; and 

6 (F) The alien is in compliance with the eli7 gibility and admissibility criteria set forth in 

8 section 601(d). 

9 (b) TREATMENT OF PERIOD FOR PURPOSES OF NAT10 URALIZATION.—Solely for purposes of title III of the Im11 migration and Nationality Act (8 U.S.C. 1401 et seq.), 

12 an alien who has been granted probationary benefits under 

13 section 601(h) or Z nonimmigrant status and has satisfied 

14 the requirements of subparagraphs (a)(1)(A) through (F) 

15 shall beginning on the date that is eight years after the 

16 date of enactment be considered to have satisfied the re17 quirements of Section 316(a)(1) of the Act (8 U.S.C. 

18 1427(a)(1)). 

19 (c) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

20 Nothing in this section may be construed to apply a nu21 merical limitation on the number of aliens who may be 

22 eligible for adjustment of status. 

23 (d) REGULATIONS.— 

24 (1) PROPOSED REGULATIONS.—Not later than 

25 180 days after the date of enactment of this Act, the 


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1 Secretary shall publish proposed regulations imple2 menting this section. Such regulations shall be effec3 tive immediately on an interim basis, but are subject 

4 to change and revision after public notice and oppor5 tunity for a period for public comment. 

6 (2) INTERIM, FINAL REGULATIONS.—Within a 

7 reasonable time after publication of the interim reg8 ulations in accordance with paragraph (1), the Sec9 retary shall publish final regulations implementing 

10 this section. 

11 SEC. 615. EXPEDITED PROCESSING OF APPLICATIONS; PRO12 HIBITION ON FEES. 

13 Regulations promulgated under this subtitle shall 

14 provide that no additional fee will be charged to an appli15 cant for a Z nonimmigrant visa for applying for benefits 

16 under this subtitle. 

17 SEC. 616. HIGHER EDUCATION ASSISTANCE. 

18 (a) Section 505 of the Illegal Immigration Reform 

19 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

20 1623) shall have no force or effect with respect to an alien 

21 who is a probationary Z or Z nonimmigrant. 

22 (b) Notwithstanding any provision of the Higher 

23 Education Act of 1965 (20 U.S.C. 1001 et seq.), with re24 spect to assistance provided under title IV of the Higher 

25 Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien 


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1 who adjusts status to that of a lawful permanent resident 

2 under this title, or who is a probationary Z or Z non3 immigrant under this title and who meets the eligibility 

4 criteria set forth in section 614(a)(1)(A), (B), and (F), 

5 shall be eligible for the following assistance under such 

6 title IV: 

7 (1) Student loans under parts B, D, and E of 

8 such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 

9 1087aa et seq.), subject to the requirements of such 

10 parts. 

11 (2) Federal work-study programs under part C 

12 of such title IV (42 U.S.C. 2751 et seq.), subject to 

13 the requirements of such part. 

14 (3) Services under such title IV (20 U.S.C. 

15 1070 et seq.), subject to the requirements for such 

16 services. 

17 SEC. 617. DELAY OF FINES AND FEES. 

18 (a) Payment of the penalties and fees specified in sec19 tion 601(e)(6) shall not be required with respect to an 

20 alien who meets the eligibility criteria set forth in section 

21 614(a)(1)(A), (B), and (F) until the date that is six years 

22 and six months after the date of enactment of this Act 

23 or the alien reaches the age of 24, whichever is later. If 

24 the alien makes all of the demonstrations specified in sec25 tion 614(a)(1) by such date, the penalties shall be waived. 


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1 If the alien fails to make the demonstrations specified in 

2 section 614(a)(1) by such date, the alien’s Z non3 immigrant status will be terminated unless the alien pays 

4 the penalties and fees specified in section 601(e)(6) con5 sistent with the procedures set forth in section 608 within 

6 90 days. 

7 (b) With respect to an alien who meets the eligibility 

8 criteria set forth in section 614(a)(1)(A) and (F), but not 

9 the eligibility criteria in section 614(a)(1)(B), the indi10 vidual who pays the penalties specified in section 

11 601(e)(6) shall be entitled to a refund when the alien 

12 makes all the demonstrations specified in section 

13 614(a)(1). 

14 SEC. 618. GAO REPORT. 

15 Seven years after the date of enactment of this Act, 

16 the Comptroller General of the United States shall submit 

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

18 and the Committee on the Judiciary of the House of Rep19 resentatives, which sets forth— 

20 (1) the number of aliens who were eligible for 

21 adjustment of status under section 623(a); 

22 (2) the number of aliens who applied for adjust23 ment of status under section 623(a); and 

24 (3) the number of aliens who were granted ad25 justment of status under section 623(a). 


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1 SEC. 619. REGULATIONS, EFFECTIVE DATE, AUTHORIZA2 TION OF APPROPRIATIONS. 

3 (a) REGULATIONS.—The Secretary shall issue regula4 tions to carry out the amendments made by this subtitle 

5 not later than the first day of the seventh month that be6 gins after the date of enactment of this Act. 

7 (b) EFFECTIVE DATE.—This subtitle shall take effect 

8 on the date that regulations required by subsection (a) are 

9 issued, regardless of whether such regulations are issued 

10 on an interim basis or on any other basis. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary such 

13 sums as may be necessary to implement this subtitle, in14 cluding any sums needed for costs associated with the ini15 tiation of such implementation. 

16 PART II—CORRECTION OF SOCIAL SECURITY 

17 RECORDS 

18 SEC. 620. CORRECTION OF SOCIAL SECURITY RECORDS. 

19 (a) IN GENERAL.—Section 208(e)(1) of the Social 

20 Security Act (42 U.S.C. 408(e)(1)) is amended— 

21 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

22 the end; 

23 (2) in subparagraph (C), by inserting ‘‘or’’ at 

24 the end; 

25 (3) by inserting after subparagraph (C) the fol26 lowing: 


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1 ‘‘(D) who is granted nonimmigrant status 

2 pursuant to section 101(a)(15)(Z–A) of the Im3 migration and Nationality Act,’’; and 

4 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

5 in the case of an alien described in subparagraph 

6 (D), if such conduct is alleged to have occurred be7 fore the date on which the alien was granted such 

8 nonimmigrant status.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect on the first day of the sev11 enth month that begins after the date of the enactment 

12 of this Act. 

13 Subtitle C—Agricultural Workers 

14 SEC. 621. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Agricultural Job 

16 Opportunities, Benefits, and Security Act of 2007’’ or the 

17 ‘‘AgJOBS Act of 2007’’. 

18 PART I—ADMISSION OF AGRICULTURAL 

19 WORKERS 

20 SEC. 622. ADMISSION OF AGRICULTURAL WORKERS. 

21 (a) Z–A NONIMMIGRANT VISA CATEGORY.— 

22 (1) ESTABLISHMENT.—Paragraph (15) of sec23 tion 101(a) of the Immigration and Nationality Act 

24 (8 U.S.C. 1101(a)), as amended by section 601(b), 


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1 is further amended by adding at the end the fol2 lowing new subparagraph: 

3 ‘‘(Z–A)(i) an alien who is coming to the 

4 United States to perform any service or activity 

5 that is considered to be agricultural under sec6 tion 3(f) of the Fair Labor Standards Act of 

7 1938 (29 U.S.C. 203(f)), agricultural labor 

8 under section 3121(g) of the Internal Revenue 

9 Code of 1986, or the performance of agricul10 tural labor or services described in subpara11 graph (H)(ii)(a), who meets the requirements of 

12 section 214A of this Act; or 

13 ‘‘(ii) the spouse or minor child of an 

14 alien described in clause (i) who is residing 

15 in the United States.’’. 

16 (b) REQUIREMENTS FOR ISSUANCE OF NON17 IMMIGRANT VISA.—Chapter 2 of title II of the Immigra18 tion and Nationality Act (8 U.S.C. 1181 et seq.) is amend19 ed by inserting after section 214 the following new section: 

20 ‘‘SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) AGRICULTURAL EMPLOYMENT.—The term 

23 ‘agricultural employment’ means any service or ac24 tivity that is considered to be agricultural under sec25 tion 3(f) of the Fair Labor Standards Act of 1938 


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1 (29 U.S.C. 203(f)) or agricultural labor under sec2 tion 3121(g) of the Internal Revenue Code of 1986 

3 or the performance of agricultural labor or services 

4 described in section 101(a)(15)(H)(ii)(a). 

5 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

6 means the Department of Homeland Security. 

7 ‘‘(3) EMPLOYER.—The term ‘employer’ means 

8 any person or entity, including any farm labor con9 tractor and any agricultural association, that em10 ploys workers in agricultural employment. 

11 ‘‘(4) QUALIFIED DESIGNATED ENTITY.—The 

12 term ‘qualified designated entity’ means— 

13 ‘‘(A) a qualified farm labor organization or 

14 an association of employers designated by the 

15 Secretary; or 

16 ‘‘(B) any such other person designated by 

17 the Secretary if that Secretary determines such 

18 person is qualified and has substantial experi19 ence, demonstrated competence, and has a his20 tory of long-term involvement in the prepara21 tion and submission of applications for adjust22 ment of status under section 209, 210, or 245, 

23 the Act entitled ‘An Act to adjust the status of 

24 Cuban refugees to that of lawful permanent 

25 residents of the United States, and for other 


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1 purposes’, approved November 2, 1966 (Public 

2 Law 89–732; 8 U.S.C. 1255 note), Public Law 

3 95–145 (8 U.S.C. 1255 note), or the Immigra4 tion Reform and Control Act of 1986 (Public 

5 Law 99–603; 100 Stat. 3359) or any amend6 ment made by that Act. 

7 ‘‘(5) SECRETARY.—Except as otherwise pro8 vided, the term ‘Secretary’ means the Secretary of 

9 Homeland Security. 

10 ‘‘(6) TEMPORARY.—A worker is employed on a 

11 ‘temporary’ basis when the employment is intended 

12 not to exceed 10 months. 

13 ‘‘(7) WORK DAY.—The term ‘work day’ means 

14 any day in which the individual is employed 5.75 or 

15 more hours in agricultural employment. 

16 ‘‘(8) Z–A DEPENDENT VISA.—The term ‘Z–A 

17 dependent visa’ means a nonimmigrant visa issued 

18 pursuant to section 101(a)(15)(Z–A)(ii). 

19 ‘‘(9) Z–A VISA.—The term ‘Z–A visa’ means a 

20 nonimmigrant visa issued pursuant to section 

21 101(a)(15)(Z–A)(i). 

22 ‘‘(b) AUTHORIZATION FOR PRESENCE, EMPLOY23 MENT, AND TRAVEL IN THE UNITED STATES.— 

24 ‘‘(1) IN GENERAL.—An alien issued a Z–A visa 

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1 ployed in, the United States during the period such 

2 visa is valid. 

3 ‘‘(2) AUTHORIZED EMPLOYMENT.—The Sec4 retary shall provide an alien who is granted a Z–A 

5 visa or a Z–A dependent visa an employment author6 ized endorsement or other appropriate work permit, 

7 in the same manner as an alien lawfully admitted 

8 for permanent residence. 

9 ‘‘(3) AUTHORIZED TRAVEL.—An alien who is 

10 granted a Z–A visa or a Z–A dependent visa is au11 thorized to travel outside the United States (includ12 ing commuting to the United States from a resi13 dence in a foreign country) in the same manner as 

14 an alien lawfully admitted for permanent residence. 

15 ‘‘(c) QUALIFICATIONS.— 

16 ‘‘(1) Z–A VISA.—Notwithstanding any other 

17 provision of law, the Secretary shall, pursuant to the 

18 requirements of this section, grant a Z–A visa to an 

19 alien if the Secretary determines that the alien— 

20 (A) has performed agricultural employment 

21 in the United States for at least 863 hours or 

22 150 work days during the 24-month period end23 ing on December 31, 2006; 

24 (B) applied for such status during the 18- 

25 month application period beginning on the first 


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1 day of the seventh month that begins after the 

2 date of enactment of this Act; 

3 (C) is admissible to the United States 

4 under section 212, except as otherwise provided 

5 in paragraph (4); 

6 (D) has not been convicted of any felony or 

7 a misdemeanor, an element of which involves 

8 bodily injury, threat of serious bodily injury, or 

9 harm to property in excess of $500; and 

10 ‘‘(E) meets the requirements of paragraph 

11 (3). 

12 ‘‘(2) Z–A DEPENDENT VISA.—Notwithstanding 

13 any other provision of law, the Secretary shall grant 

14 a Z–A dependent visa to an alien who is— 

15 (A) described in section 101(a)(15)(Z16 A)(ii); 

17 (B) meets the requirements of paragraph 

18 (3); and 

19 (C) is admissible to the United States 

20 under section 212, except as otherwise provided 

21 in paragraph (4). 

22 ‘‘(3) SECURITY AND LAW ENFORCEMENT BACK23 GROUND CHECKS.— 

24 (A) FINGERPRINTS.—An alien seeking a 

25 Z–A visa or a Z–A dependent visa shall submit 


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1 fingerprints to the Secretary at such time and 

2 in manner as the Secretary may require. 

3 (B) BACKGROUND CHECKS.—The Sec4 retary shall utilize fingerprints provided under 

5 subparagraph (A) and other biometric data pro6 vided by an alien to conduct a background 

7 check of the alien, including searching the 

8 alien’s criminal history and any law enforce9 ment actions taken with respect to the alien 

10 and ensuring that the alien is not a risk to na11 tional security. 

12 ‘‘(4) WAIVER OF CERTAIN GROUNDS OF INAD13 MISSIBILITY.—In the determination of an alien’s eli14 gibility for a Z–A visa or a Z–A dependent visa the 

15 following shall apply: 

16 (A) GROUNDS OF EXCLUSION NOT APPLI17 CABLE.—The provisions of paragraphs (5), 

18 (6)(A), (7), and (9) of section 212(a) shall not 

19 apply. 

20 (B) WAIVER OF OTHER GROUNDS.— 

21 ‘‘(i) IN GENERAL.—Except as pro22 vided in clause (ii), the Secretary may 

23 waive any provision of such section 212(a), 

24 other than the paragraphs described in 

25 subparagraph (A), in the case of individual 


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1 aliens for humanitarian purposes, to en2 sure family unity, or if such waiver is oth3 erwise in the public interest. 

4 ‘‘(ii) GROUNDS THAT MAY NOT BE

5 WAIVED.—Except as provided in subpara6 graph (C), subparagraphs (A), (B), and 

7 (C) of paragraph (2), and paragraphs (3) 

8 and (4) of section 212(a) may not be 

9 waived by the Secretary under clause (i). 

10 ‘‘(iii) CONSTRUCTION.—Nothing in 

11 this subparagraph shall be construed as af12 fecting the authority of the Secretary other 

13 than under this subparagraph to waive 

14 provisions of such section 212(a). 

15 ‘‘(C) SPECIAL RULE FOR DETERMINATION

16 OF PUBLIC CHARGE.—An alien is not ineligible 

17 for a Z–A visa or a Z–A dependent visa by rea18 son of a ground of inadmissibility under section 

19 212(a)(4) if the alien demonstrates a history of 

20 employment in the United States evidencing 

21 self-support without reliance on public cash as22 sistance. 

23 ‘‘(d) APPLICATION.— 

24 ‘‘(1) IN GENERAL.—An alien seeking a Z–A 

25 visa shall submit an application to the Secretary for 


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1 such a visa, including information regarding any Z– 

2 A dependent visa for the spouse of child of the alien. 

3 ‘‘(2) SUBMISSION.—Applications for a Z–A visa 

4 under may be submitted— 

5 ‘‘(A) to the Secretary if the applicant is 

6 represented by an attorney or a nonprofit reli7 gious, charitable, social service, or similar orga8 nization recognized by the Board of Immigra9 tion Appeals under section 292.2 of title 8, 

10 Code of Federal Regulations (or similar suc11 cessor regulations); or 

12 ‘‘(B) to a qualified designated entity if the 

13 applicant consents to the forwarding of the ap14 plication to the Secretary. 

15 ‘‘(3) PROOF OF ELIGIBILITY.— 

16 ‘‘(A) IN GENERAL.—An alien may estab17 lish that the alien meets the requirement for a 

18 Z–A visa through government employment 

19 records or records supplied by employers or col20 lective bargaining organizations, and other reli21 able documentation as the alien may provide. 

22 The Secretary shall establish special procedures 

23 to properly credit work in cases in which an 

24 alien was employed under an assumed name. 


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1 ‘‘(B) DOCUMENTATION OF WORK HIS2 TORY.— 

3 ‘‘(i) BURDEN OF PROOF.—An alien 

4 applying for a Z–A visa or applying for ad5 justment of status described in subsection 

6 (j) has the burden of proving by a prepon7 derance of the evidence that the alien has 

8 performed the requisite number of hours or 

9 days of agricultural employment required 

10 for such application or adjustment of sta11 tus, as applicable. 

12 ‘‘(ii) TIMELY PRODUCTION OF

13 RECORDS.—If an employer or farm labor 

14 contractor employing such an alien has 

15 kept proper and adequate records respect16 ing such employment, the alien’s burden of 

17 proof under clause (i) may be met by se18 curing timely production of such records 

19 under regulations to be promulgated by the 

20 Secretary. 

21 ‘‘(iii) SUFFICIENT EVIDENCE.—An 

22 alien may meet the burden of proof under 

23 clause (i) to establish that the alien has 

24 performed the requisite number of hours or 

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1 ducing sufficient evidence to show the ex2 tent of that employment as a matter of 

3 just and reasonable inference. 

4 ‘‘(4) APPLICATIONS SUBMITTED TO QUALIFIED

5 DESIGNATED ENTITIES.— 

6 ‘‘(A) REQUIREMENTS.—Each qualified 

7 designated entity shall agree— 

8 ‘‘(i) to forward to the Secretary an 

9 application submitted to that entity pursu10 ant to paragraph (2)(B) if the alien for 

11 whom the application is being submitted 

12 has consented to such forwarding; 

13 ‘‘(ii) not to forward to the Secretary 

14 any such application if such an alien has 

15 not consented to such forwarding; and 

16 ‘‘(iii) to assist an alien in obtaining 

17 documentation of the alien’s work history, 

18 if the alien requests such assistance. 

19 ‘‘(B) NO AUTHORITY TO MAKE DETER20 MINATIONS.—No qualified designated entity 

21 may make a determination required by this sec22 tion to be made by the Secretary. 

23 ‘‘(5) APPLICATION FEES.— 

24 ‘‘(A) FEE SCHEDULE.—The Secretary 

25 shall provide for a schedule of fees that— 


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1 ‘‘(i) shall be charged for applying for 

2 a Z–A visa under this section or for an ad3 justment of status described in subsection 

4 (j); and 

5 ‘‘(ii) may be charged by qualified des6 ignated entities to help defray the costs of 

7 services provided to such aliens making 

8 such an application. 

9 ‘‘(B) PROHIBITION ON EXCESS FEES BY

10 QUALIFIED DESIGNATED ENTITIES.—A quali11 fied designated entity may not charge any fee 

12 in excess of, or in addition to, the fees author13 ized under subparagraph (A)(ii) for services 

14 provided to applicants. 

15 ‘‘(6) LIMITATION ON ACCESS TO INFORMA16 TION.—Files and records collected or compiled by a 

17 qualified designated entity for the purposes of this 

18 section are confidential and the Secretary shall not 

19 have access to such a file or record relating to an 

20 alien without the consent of the alien, except as al21 lowed by a court order issued pursuant to [l]. 

22 ‘‘(7) TREATMENT OF APPLICANTS.— 

23 (A) IN GENERAL.—An alien who files an 

24 application under this section to receive a Z–A 

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1 ing a Z–A dependant visa, on the date de2 scribed in subparagraph (B)— 

3 ‘‘(i) shall be granted probationary 

4 benefits in the form of employment author5 ization pending final adjudication of the 

6 alien’s application; 

7 ‘‘(ii) may in the Secretary’s discretion 

8 receive advance permission to re-enter the 

9 United States pursuant to existing regula10 tions governing advance parole; 

11 ‘‘(iii) may not be detained for immi12 gration purposes, determined inadmissible 

13 or deportable, or removed pending final ad14 judication of the alien’s application, unless 

15 the alien is determined to be ineligible for 

16 Z–A visa; and 

17 ‘‘(iv) may not be considered an unau18 thorized alien (as defined in section 274A) 

19 until the date on which [the alien’s appli20 cation for a Z–A visa] is denied. 

21 ‘‘(B) TIMING OF PROBATIONARY BENE22 FITS.— 

23 ‘‘(i) IN GENERAL.—Subject to clause 

24 (ii), an alien who submits an application 

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1 cluding any evidence required under such 

2 subsection, and any spouse or child of the 

3 alien seeking a Z–A dependent visa shall 

4 receive the probationary benefits described 

5 in clauses (i) through (iv) of subparagraph 

6 (A) at the earlier of— 

7 ‘‘(I) the date and time that the 

8 alien has passed all appropriate back9 ground checks, including name and 

10 fingerprint checks; or 

11 ‘‘(II) the end of the next business 

12 day after the date that the Secretary 

13 receives the alien’s application for Z– 

14 A visa. 

15 ‘‘(ii) EXCEPTION.—If the Secretary 

16 determines that the alien fails the back17 ground checks referred to in clause (i)(I), 

18 the alien may not be granted probationary 

19 benefits described in clauses (i) through 

20 (iv) of subparagraph (A). 

21 ‘‘(C) PROBATIONARY AUTHORIZATION DOC22 UMENT.—The Secretary shall provide each alien 

23 granted probationary benefits described in 

24 clauses (i) through (iv) of subparagraph (A) 

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1 flects the benefits and status set forth in sub2 paragraph (A). The Secretary may by regula3 tion establish procedures for the issuance of 

4 documentary evidence of probationary benefits 

5 and, except as provided herein, the conditions 

6 under which such documentary evidence ex7 pires, terminates, or is renewed. 

8 ‘‘(D) CONSTRUCTION.—Nothing in this 

9 section may be construed to limit the Sec10 retary’s authority to conduct any appropriate 

11 background and security checks subsequent to 

12 issuance of evidence of probationary benefits 

13 under this paragraph. 

14 ‘‘(8) TEMPORARY STAY OF REMOVAL AND WORK

15 AUTHORIZATION FOR CERTAIN APPLICANTS.— 

16 ‘‘(A) BEFORE APPLICATION PERIOD.—Be17 ginning on the date of enactment of the 

18 AgJOBS Act of 2007, the Secretary shall pro19 vide that, in the case of an alien who is appre20 hended prior to the first date of the application 

21 period described in subsection (c)(1)(B) and 

22 who can establish a nonfrivolous case of eligi23 bility for a Z–A visa (but for the fact that the 

24 alien may not apply for such status until the 

25 beginning of such period), the alien— 


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1 ‘‘(i) may not be removed; and 

2 ‘‘(ii) shall be granted authorization to 

3 engage in employment in the United States 

4 and be provided an employment authorized 

5 endorsement or other appropriate work 

6 permit for such purpose. 

7 ‘‘(B) DURING APPLICATION PERIOD.—The 

8 Secretary shall provide that, in the case of an 

9 alien who presents a nonfrivolous application 

10 for Z–A visa during the application period de11 scribed in subsection (c)(1)(B), including an 

12 alien who files such an application within 30 

13 days of the alien’s apprehension, and until a 

14 final determination on the application has been 

15 made in accordance with this section, the 

16 alien— 

17 ‘‘(i) may not be removed; and 

18 ‘‘(ii) shall be granted authorization to 

19 engage in employment in the United States 

20 and be provided an employment authorized 

21 endorsement or other appropriate work 

22 permit for such purpose. 

23 ‘‘(e) NUMERICAL LIMITATIONS.— 

24 ‘‘(1) Z–A VISA.—The Secretary may not issue 

25 more than 1,500,000 Z–A visas. 


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1 ‘‘(2) Z–A DEPENDENT VISA.—The Secretary 

2 may not count any Z–A dependent visa issued 

3 against the numerical limitation described in para4 graph (1). 

5 ‘‘(f) EVIDENCE OF NONIMMIGRANT STATUS.— 

6 ‘‘(1) IN GENERAL.—Documentary evidence of 

7 nonimmigrant status shall be issued to each alien 

8 granted a Z–A visa or a Z–A dependent visa. 

9 ‘‘(2) FEATURES OF DOCUMENTATION.—Docu10 mentary evidence of a Z–A visa or a Z–A dependent 

11 visa— 

12 ‘‘(A) shall be machine-readable, tamper-re13 sistant, and shall contain a digitized photo14 graph and other biometric identifiers that can 

15 be authenticated; 

16 ‘‘(B) shall be designed in consultation with 

17 U.S. Immigration and Customs Enforcement’s 

18 Forensic Document Laboratory; 

19 ‘‘(C) shall serve as a valid travel and entry 

20 document for an alien granted a Z–A visa or a 

21 Z–A dependent visa for the purpose of applying 

22 for admission to the United States where the 

23 alien is applying for admission at a port of 

24 entry; 


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1 ‘‘(D) may be accepted during the period of 

2 its validity by an employer as evidence of em3 ployment authorization and identity under sec4 tion 274A; and 

5 ‘‘(E) shall be issued to the alien granted 

6 the visa by the Secretary promptly after final 

7 adjudication of such alien’s application for the 

8 visa, except that an alien may not be granted 

9 a Z–A visa or a Z–A dependent visa until all 

10 appropriate background checks on each alien 

11 are completed to the satisfaction of the Sec12 retary. 

13 ‘‘(g) FINE.—An alien granted a Z–A visa shall pay 

14 a fine of $100 to the Secretary. 

15 ‘‘(h) TREATMENT OF ALIENS GRANTED A Z–A 

16 VISA.— 

17 ‘‘(1) IN GENERAL.—Except as otherwise pro18 vided under this subsection, an alien granted a Z– 

19 A visa or a Z–A dependent visa shall be considered 

20 to be an alien lawfully admitted for permanent resi21 dence for purposes of any law other than any provi22 sion of this Act. 

23 ‘‘(2) DELAYED ELIGIBILITY FOR CERTAIN FED24 ERAL PUBLIC BENEFITS.—An alien granted a Z–A 

25 visa shall not be eligible, by reason of such status, 


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1 for any form of assistance or benefit described in 

2 section 403(a) of the Personal Responsibility and 

3 Work Opportunity Reconciliation Act of 1996 (8 

4 U.S.C. 1613(a)) until 5 years after the date on 

5 which the alien is granted an adjustment of status 

6 under subsection (d). 

7 ‘‘(3) TERMS OF EMPLOYMENT.— 

8 ‘‘(A) PROHIBITION.—No alien granted a 

9 Z–A visa may be terminated from employment 

10 by any employer during the period of a Z–A 

11 visa except for just cause. 

12 ‘‘(B) TREATMENT OF COMPLAINTS.— 

13 ‘‘(i) ESTABLISHMENT OF PROCESS.— 

14 The Secretary shall establish a process for 

15 the receipt, initial review, and disposition 

16 of complaints by aliens granted a Z–A visa 

17 who allege that they have been terminated 

18 without just cause. No proceeding shall be 

19 conducted under this subparagraph with 

20 respect to a termination unless the Sec21 retary determines that the complaint was 

22 filed not later than 6 months after the 

23 date of the termination. 

24 ‘‘(ii) INITIATION OF ARBITRATION.— 

25 If the Secretary finds that an alien has 


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1 filed a complaint in accordance with clause 

2 (i) and there is reasonable cause to believe 

3 that the alien was terminated from employ4 ment without just cause, the Secretary 

5 shall initiate binding arbitration pro6 ceedings by requesting the Federal Medi7 ation and Conciliation Service to appoint a 

8 mutually agreeable arbitrator from the ros9 ter of arbitrators maintained by such Serv10 ice for the geographical area in which the 

11 employer is located. The procedures and 

12 rules of such Service shall be applicable to 

13 the selection of such arbitrator and to such 

14 arbitration proceedings. The Secretary 

15 shall pay the fee and expenses of the arbi16 trator, subject to the availability of appro17 priations for such purpose. 

18 ‘‘(iii) ARBITRATION PROCEEDINGS.— 

19 The arbitrator shall conduct the pro20 ceeding under this subparagraph in accord21 ance with the policies and procedures pro22 mulgated by the American Arbitration As23 sociation applicable to private arbitration 

24 of employment disputes. The arbitrator 

25 shall make findings respecting whether the 


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1 termination was for just cause. The arbi2 trator may not find that the termination 

3 was for just cause unless the employer so 

4 demonstrates by a preponderance of the 

5 evidence. If the arbitrator finds that the 

6 termination was not for just cause, the ar7 bitrator shall make a specific finding of the 

8 number of days or hours of work lost by 

9 the employee as a result of the termi10 nation. The arbitrator shall have no au11 thority to order any other remedy, includ12 ing reinstatement, back pay, or front pay 

13 to the affected employee. Not later than 30 

14 days after the date of the conclusion of the 

15 arbitration proceeding, the arbitrator shall 

16 transmit the findings in the form of a writ17 ten opinion to the parties to the arbitration 

18 and the Secretary. Such findings shall be 

19 final and conclusive, and no official or 

20 court of the United States shall have the 

21 power or jurisdiction to review any such 

22 findings. 

23 ‘‘(iv) EFFECT OF ARBITRATION FIND24 INGS.—If the Secretary receives a finding 

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1 minated the employment of an alien who is 

2 granted a Z–A visa without just cause, the 

3 Secretary shall credit the alien for the 

4 number of days of work not performed 

5 during such period of termination for the 

6 purpose of determining if the alien meets 

7 the qualifying employment requirement of 

8 subsection (f)(2). 

9 ‘‘(v) TREATMENT OF ATTORNEY’S

10 FEES.—Each party to an arbitration under 

11 this subparagraph shall bear the cost of 

12 their own attorney’s fees for the arbitra13 tion. 

14 ‘‘(vi) NONEXCLUSIVE REMEDY.—The 

15 complaint process provided for in this sub16 paragraph is in addition to any other 

17 rights an employee may have in accordance 

18 with applicable law. 

19 ‘‘(vii) EFFECT ON OTHER ACTIONS OR

20 PROCEEDINGS.—Any finding of fact or 

21 law, judgment, conclusion, or final order 

22 made by an arbitrator in the proceeding 

23 before the Secretary shall not be conclusive 

24 or binding in any separate or subsequent 

25 action or proceeding between the employee 


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1 and the employee’s current or prior em2 ployer brought before an arbitrator, admin3 istrative agency, court, or judge of any 

4 State or the United States, regardless of 

5 whether the prior action was between the 

6 same or related parties or involved the 

7 same facts, except that the arbitrator’s 

8 specific finding of the number of days or 

9 hours of work lost by the employee as a re10 sult of the employment termination may be 

11 referred to the Secretary pursuant to 

12 clause (iv). 

13 ‘‘(4) RECORD OF EMPLOYMENT.— 

14 ‘‘(A) IN GENERAL.—Each employer of an 

15 alien who is granted a Z–A visa shall annu16 ally— 

17 ‘‘(i) provide a written record of em18 ployment to the alien; and 

19 ‘‘(ii) provide a copy of such record to 

20 the Secretary. 

21 ‘‘(B) CIVIL PENALTIES.— 

22 ‘‘(i) IN GENERAL.—If the Secretary 

23 finds, after notice and opportunity for a 

24 hearing, that an employer of an alien 

25 granted a Z–A visa has failed to provide 


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1 the record of employment required under 

2 subparagraph (A) or has provided a false 

3 statement of material fact in such a 

4 record, the employer shall be subject to a 

5 civil money penalty in an amount not to 

6 exceed $1,000 per violation. 

7 ‘‘(ii) LIMITATION.—The penalty appli8 cable under clause (i) for failure to provide 

9 records shall not apply unless the alien has 

10 provided the employer with evidence of em11 ployment authorization granted under this 

12 subsection. 

13 ‘‘(i) TERMINATION OF A GRANT OF Z–A VISA.— 

14 ‘‘(1) IN GENERAL.—The Secretary may termi15 nate a Z–A visa or a Z–A dependent visa granted 

16 to an alien only if the Secretary determines that the 

17 alien is deportable. 

18 ‘‘(2) GROUNDS FOR TERMINATION.—Prior to 

19 the date that an alien granted a Z–A visa or a Z– 

20 A dependent visa becomes eligible for adjustment of 

21 status described in subsection (j), the Secretary may 

22 deny adjustment to permanent resident status and 

23 provide for termination of the alien’s Z–A visa or Z– 

24 A dependent visa if— 


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1 ‘‘(A) the Secretary finds, by a preponder2 ance of the evidence, that the grant of a Z–A 

3 visa was the result of fraud or willful misrepre4 sentation (as described in section 

5 212(a)(6)(C)(i)); or 

6 ‘‘(B) the alien— 

7 ‘‘(i) commits an act that makes the 

8 alien inadmissible to the United States as 

9 an immigrant, except as provided under 

10 subsection (c)(4); 

11 ‘‘(ii) is convicted of a felony or 3 or 

12 more misdemeanors committed in the 

13 United States; 

14 ‘‘(iii) is convicted of an offense, an 

15 element of which involves bodily injury, 

16 threat of serious bodily injury, or harm to 

17 property in excess of $500; or 

18 ‘‘(iv) in the case of an alien granted 

19 a Z–A visa, fails to perform the agricul20 tural employment described in subsection 

21 (j)(1)(A) unless the alien was unable to 

22 work in agricultural employment due to 

23 the extraordinary circumstances described 

24 in subsection (j)(1)(A)(iii). 


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1 ‘‘(3) REPORTING REQUIREMENT.—The Sec2 retary shall promulgate regulations to ensure that 

3 the alien granted a Z–A visa complies with the quali4 fying agricultural employment described in sub5 section (j)(1)(A) at the end of the 5-year work pe6 riod, which may include submission of an application 

7 pursuant to this subsection. 

8 ‘‘(j) ADJUSTMENT TO PERMANENT RESIDENCE.— 

9 ‘‘(1) Z–A VISA.—Except as provided in this 

10 subsection, the Secretary shall award the maximum 

11 number of points available pursuant to section 

12 203(b)(1) and adjust the status of an alien granted 

13 a Z–A visa to that of an alien lawfully admitted for 

14 permanent residence under this Act, if the Secretary 

15 determines that the following requirements are satis16 fied: 

17 ‘‘(A) QUALIFYING EMPLOYMENT.— 

18 ‘‘(i) IN GENERAL.—Subject to clauses 

19 (ii) and (iii), the alien has performed at 

20 least— 

21 ‘‘(I) 5 years of agricultural em22 ployment in the United States for at 

23 least 100 work days per year, during 

24 the 5-year period beginning on the 


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1 date of enactment of the AgJobs Act 

2 of 2007; or 

3 ‘‘(II) 3 years of agricultural em4 ployment in the United States for at 

5 least 150 work days per year, during 

6 the 3-year period beginning on such 

7 date of enactment. 

8 ‘‘(ii) FOUR-YEAR PERIOD OF EMPLOY9 MENT.—An alien shall be considered to 

10 meet the requirements of clause (i) if the 

11 alien has performed 4 years of agricultural 

12 employment in the United States for at 

13 least 150 work days during 3 years of 

14 those 4 years and at least 100 work days 

15 during the remaining year, during the 4- 

16 year period beginning on such date of en17 actment. 

18 ‘‘(iii) EXTRAORDINARY CIR19 CUMSTANCES.—In determining whether an 

20 alien has met the requirement of clause (i), 

21 the Secretary may credit the alien with not 

22 more than 12 additional months to meet 

23 the requirement of that clause if the alien 

24 was unable to work in agricultural employ25 ment due to— 


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1 ‘‘(I) pregnancy, injury, or dis2 ease, if the alien can establish such 

3 pregnancy, disabling injury, or disease 

4 through medical records; 

5 ‘‘(II) illness, disease, or other 

6 special needs of a minor child, if the 

7 alien can establish such illness, dis8 ease, or special needs through medical 

9 records; 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 ‘‘(B) PROOF.—An alien may demonstrate 

15 compliance with the requirements of subpara16 graph (A) by submitting— 

17 ‘‘(i) the record of employment de18 scribed in subsection (h)(4); or 

19 ‘‘(ii) such documentation as may be 

20 submitted under subsection (d)(3). 

21 ‘‘(C) APPLICATION PERIOD.—Not later 

22 than 8 years after the date of the enactment of 

23 the AgJOBS Act of 2007, the alien must— 

24 ‘‘(i) apply for adjustment of status; or 


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1 ‘‘(ii) renew the alien’s Z visa status as 

2 described in section 601(k)(2). 

3 ‘‘(D) FINE.—The alien pays to the Sec4 retary a fine of $400; or 

5 ‘‘(2) SPOUSES AND MINOR CHILDREN.—Not6 withstanding any other provision of law, the Sec7 retary shall confer the status of lawful permanent 

8 resident on the spouse and minor child of an alien 

9 granted any adjustment of status under paragraph 

10 (1), including any individual who was a minor child 

11 on the date such alien was granted a Z–A visa, if 

12 the spouse or minor child applies for such status, or 

13 if the principal alien includes the spouse or minor 

14 child in an application for adjustment of status to 

15 that of a lawful permanent resident. 

16 ‘‘(3) GROUNDS FOR DENIAL OF ADJUSTMENT

17 OF STATUS.—The Secretary may deny an alien 

18 granted a Z–A visa or a Z–A dependent visa an ad19 justment of status under this Act and provide for 

20 termination of such visa if— 

21 ‘‘(A) the Secretary finds by a preponder22 ance of the evidence that grant of the Z–A visa 

23 was the result of fraud or willful misrepresenta24 tion (as described in section 212(a)(6)(C)(i)); or 

25 ‘‘(B) the alien— 


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1 ‘‘(i) commits an act that makes the 

2 alien inadmissible to the United States 

3 under section 212, except as provided 

4 under subsection (c)(4); 

5 ‘‘(ii) is convicted of a felony or 3 or 

6 more misdemeanors committed in the 

7 United States; or 

8 ‘‘(iii) is convicted of an offense, an 

9 element of which involves bodily injury, 

10 threat of serious bodily injury, or harm to 

11 property in excess of $500. 

12 ‘‘(4) GROUNDS FOR REMOVAL.—Any alien 

13 granted Z–A visa status who does not apply for ad14 justment of status or renewal of Z status under sec15 tion 601(k)(2) prior to the expiration of the applica16 tion period described in subsection (c)(1)(B) or who 

17 fails to meet the other requirements of paragraph 

18 (1) by the end of the application period, is deport19 able and may be removed under section 240. 

20 ‘‘(5) PAYMENT OF TAXES.— 

21 ‘‘(A) IN GENERAL.—Not later than the 

22 date on which an alien’s status is adjusted as 

23 described in this subsection, the alien shall es24 tablish that the alien does not owe any applica25 ble Federal tax liability by establishing that— 


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1 ‘‘(i) no such tax liability exists; 

2 ‘‘(ii) all such outstanding tax liabil3 ities have been paid; or 

4 ‘‘(iii) the alien has entered into an 

5 agreement for payment of all outstanding 

6 liabilities with the Internal Revenue Serv7 ice. 

8 ‘‘(B) APPLICABLE FEDERAL TAX LIABIL9 ITY.—In this paragraph, the term ‘applicable 

10 Federal tax liability’ means liability for Federal 

11 taxes, including penalties and interest, owed for 

12 any year during the period of employment re13 quired under paragraph (1)(A) for which the 

14 statutory period for assessment of any defi15 ciency for such taxes has not expired. 

16 ‘‘(C) IRS COOPERATION.—The Secretary 

17 of the Treasury shall establish rules and proce18 dures under which the Commissioner of Inter19 nal Revenue shall provide documentation to an 

20 alien upon request to establish the payment of 

21 all taxes required by this subsection. 

22 ‘‘(6) ENGLISH LANGUAGE.— 

23 ‘‘(A) IN GENERAL.—Not later than the 

24 date on which a Z–A nonimmigrant’s status is 

25 adjusted or renewed under section 601(k)(2), a 


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1 Z–A nonimmigrant who is 18 years of age or 

2 older must pass the naturalization test de3 scribed in sections 312(a)(1) and (2). 

4 ‘‘(B) EXCEPTION.—The requirement of 

5 subparagraph (A) shall not apply to any person 

6 who, on the date of the filing of the person’s 

7 application for an extension of Z–A non8 immigrant status— 

9 (i) is unable because of physical or de10 velopmental disability or mental impair11 ment to comply therewith; 

12 (ii) is over fifty years of age and has 

13 been living in the United States for periods 

14 totaling at least twenty years, or 

15 (iii) is over fifty-five years of age and 

16 has been living in the United States for pe17 riods totaling at least fifteen years. 

18 ‘‘(7) PRIORITY OF APPLICATIONS.— 

19 ‘‘(A) BACK OF LINE.—An alien may not 

20 adjust status to that of a lawful permanent 

21 resident under this subsection until 30 days 

22 after the date on which an immigrant visa be23 comes available for approved petitions filed 

24 under sections 201, 202, and 203 of the Act 


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1 that were filed before May 1, 2005 (referred to 

2 in this paragraph as the ‘processing date’). 

3 ‘‘(B) OTHER APPLICANTS.—The proc4 essing of applications for an adjustment of sta5 tus under this subsection shall be processed not 

6 later than 1 year after the processing date. 

7 ‘‘(C) CONSULAR APPLICATION.— 

8 (i) IN GENERAL.—A Z–A non9 immigrant’s application for adjustment of 

10 status to that of an alien lawfully admitted 

11 for permanent residence must be filed in 

12 person with a United States consulate 

13 abroad. 

14 (ii) PLACE OF APPLICATION.—Unless 

15 otherwise directed by the Secretary of 

16 State, a Z–A nonimmigrant applying for 

17 adjustment of status under this paragraph 

18 shall make an application at a consular of19 fice in the alien’s country of origin. The 

20 Secretary of State shall direct a consular 

21 office in a country that is not a Z–A non22 immigrant’s country of origin to accept an 

23 application for adjustment of status from 

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1 uous to the United States, and as consular 

2 resources make possible. 

3 ‘‘(k) CONFIDENTIALITY OF INFORMATION.—Appli4 cants for Z–A nonimmigrant status under this subtitle 

5 shall be afforded confidentiality as provided under section 

6 604. 

7 ‘‘(l) PENALTIES FOR FALSE STATEMENTS IN APPLI8 CATIONS.— 

9 ‘‘(1) CRIMINAL PENALTY.—Any person who— 

10 ‘‘(A) applies for a Z–A visa or a Z–A de11 pendent visa under this section or an adjust12 ment of status described in subsection (j) and 

13 knowingly and willfully falsifies, conceals, or 

14 covers up a material fact or makes any false, 

15 fictitious, or fraudulent statements or represen16 tations, or makes or uses any false writing or 

17 document knowing the same to contain any 

18 false, fictitious, or fraudulent statement or 

19 entry; or 

20 ‘‘(B) creates or supplies a false writing or 

21 document for use in making such an applica22 tion, shall be fined in accordance with title 18, 

23 United States Code, imprisoned not more than 

24 5 years, or both. 


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1 ‘‘(2) INADMISSIBILITY.—An alien who is con2 victed of a crime under paragraph (1) shall be con3 sidered to be inadmissible to the United States on 

4 the ground described in section 212(a)(6)(C)(i). 

5 ‘‘(m) ELIGIBILITY FOR LEGAL SERVICES.—Section 

6 504(a)(11) of Public Law 104–134 (110 Stat. 1321–53 

7 et seq.) shall not be construed to prevent a recipient of 

8 funds under the Legal Services Corporation Act (42 

9 U.S.C. 2996 et seq.) from providing legal assistance di10 rectly related to an application for a Z–A visa under sub11 section (b) or an adjustment of status under subsection 

12 (j). 

13 ‘‘(n) ADMINISTRATIVE AND JUDICIAL REVIEW.—Ad14 ministrative or judicial review of a determination on an 

15 application for a Z–A visa shall be such as is provided 

16 under section 603. 

17 ‘‘(o) PUBLIC OUTREACH.—Beginning not later than 

18 the first day of the application period described in sub19 section (c)(1)(B), the Secretary shall cooperate with quali20 fied designated entities to broadly disseminate information 

21 regarding the availability of Z–A visas, the benefits of 

22 such visas, and the requirements to apply for and be 

23 granted such a visa.’’. 

24 (c) NUMERICAL LIMITATIONS.— 


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1 (1) WORLDWIDE LEVEL OF IMMIGRATION.— 

2 Section 201(b)(1) of the Immigration and Nation3 ality Act (8 U.S.C. 1151(b)(1)), as amended by 

4 [ll], is further amended— 

5 (A) in subparagraph (A), by striking ‘‘sub6 paragraph (A) or (B)’’ and inserting ‘‘subpara7 graph (A), (B), or (N)’’; and 

8 (B) by adding at the end, the following 

9 new subparagraph: 

10 ‘‘(N) Aliens issued a Z–A visa or a Z–A 

11 dependent visa (as those terms are defined in 

12 section 214A) who receive an adjustment of sta13 tus to that of an alien lawfully admitted for 

14 permanent residence.’’. 

15 (2) NUMERICAL LIMITATIONS ON INDIVIDUAL

16 FOREIGN STATES.—Section 202(a) of the Immigra17 tion and Nationality Act (8 U.S.C. 1152) is amend18 ed by adding at the end the following new para19 graph: 

20 ‘‘(6) SPECIAL RULE FOR Z–A NON21 IMMIGRANTS.—An immigrant visa may be made 

22 available to an alien issued a Z–A visa or a Z–A de23 pendent visa (as those terms are defined in section 

24 214A) without regard to the numerical limitations of 

25 this section.’’. 


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1 (d) CLERICAL AMENDMENT.—The table of contents 

2 of the Immigration and Nationality Act (8 U.S.C. 1101 

3 et seq.) is amended by inserting after the item relating 

4 to section 214 the following: 

‘‘Sec. 214A. Admission of agricultural worker.’’. 

5 SEC. 623. AGRICULTURAL WORKER IMMIGRATION STATUS 

6 ADJUSTMENT ACCOUNT. 

7 Section 286 of the Immigration and Nationality Act 

8 (8 U.S.C. 1356) is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(y) AGRICULTURAL WORKER IMMIGRATION STATUS

11 ADJUSTMENT ACCOUNT.— 

12 ‘‘(1) ESTABLISHMENT.—There is established in 

13 the general fund of the Treasury a separate account, 

14 which shall be known as the ‘Agricultural Worker 

15 Immigration Status Adjustment Account’. Notwith16 standing any other provision of law, there shall be 

17 deposited as offsetting receipts into the account all 

18 fees collected under section 214A. 

19 ‘‘(2) USE OF FEES.—The fees deposited into 

20 the Agricultural Worker Immigration Status Adjust21 ment Account shall be used by the Secretary of 

22 Homeland Security for processing applications made 

23 by aliens seeking nonimmigrant status under section 

24 101(a)(15)(Z–A) or for processing applications made 


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1 by such an alien who is seeking an adjustment of 

2 status. 

3 ‘‘(3) AVAILABILITY OF FUNDS.—All amounts 

4 deposited in the Agricultural Worker Immigration 

5 Status Adjustment Account under this subsection 

6 shall remain available until expended.’’. 

7 SEC. 624. REGULATIONS, EFFECTIVE DATE, AUTHORIZA8 TION OF APPROPRIATIONS. 

9 (a) REGULATIONS.—The Secretary shall issue regula10 tions to carry out the amendments made by this subtitle 

11 not later than the first day of the seventh month that be12 gins after the date of enactment of this Act. 

13 (b) EFFECTIVE DATE.—This subtitle shall take effect 

14 on the date that regulations required by subsection (a) are 

15 issued, regardless of whether such regulations are issued 

16 on an interim basis or on any other basis. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Secretary such 

19 sums as may be necessary to implement this subtitle, in20 cluding any sums needed for costs associated with the ini21 tiation of such implementation. 

22 SEC. 625. LIMITATION ON CLAIMING EARNED INCOME TAX 

23 CREDIT. 

24 Any alien who is unlawfully present in the United 

25 States, receives adjustment of status under section 601 


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1 of this Act (relating to aliens who were illegally present 

2 in the United States prior to January 1, 2007), or enters 

3 the United States to work on a Y visa under section 402 

4 of this Act, shall not be eligible for the tax credit provided 

5 under section 32 of the Internal Revenue Code (relating 

6 to earned income) until such alien has his or her status 

7 adjusted to legal permanent resident status. 

8 SEC. 626. EARNED INCOME TAX CREDIT. 

9 Nothing in this Act, or the amendments made by this 

10 Act, may be construed to modify any provision of the In11 ternal Revenue Code of 1986 which prohibits illegal aliens 

12 from qualifying for earned income tax credit under section 

13 32 of such Code. 

14 PART II—CORRECTION OF SOCIAL SECURITY 

15 RECORDS 

16 SEC. 627. CORRECTION OF SOCIAL SECURITY RECORDS. 

17 (a) IN GENERAL.—Section 208(e)(1) of the Social 

18 Security Act (42 U.S.C. 408(e)(1)) is amended— 

19 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

20 the end; 

21 (2) in subparagraph (C), by inserting ‘‘or’’ at 

22 the end; 

23 (3) by inserting after subparagraph (C) the fol24 lowing: 


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1 ‘‘(D) who is granted nonimmigrant status 

2 pursuant to section 101(a)(15)(Z–A) of the Im3 migration and Nationality Act,’’; and 

4 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

5 in the case of an alien described in subparagraph 

6 (D), if such conduct is alleged to have occurred be7 fore the date on which the alien was granted such 

8 nonimmigrant status.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect on the first day of the sev11 enth month that begins after the date of the enactment 

12 of this Act. 

13 TITLE VII—MISCELLANEOUS 

14 Subtitle A—Miscellaneous 

15 Immigration Reform 

16 SEC. 701. WAIVER OF REQUIREMENT FOR FINGERPRINTS 

17 FOR MEMBERS OF THE ARMED FORCES. 

18 Notwithstanding any other provision of law or any 

19 regulation, for aliens currently serving in the U.S. Armed 

20 Forces overseas and applying for naturalization from over21 seas, the Secretary of Defense shall provide in a form des22 ignated by the Secretary of Homeland Security, and the 

23 Secretary of Homeland Security shall use the fingerprints 

24 provided by the Secretary of Defense for such individuals, 

25 if the individual— 


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1 (a) may be naturalized pursuant to section 328 or 

2 329 of the Immigration and Nationality Act (8 U.S.C. 

3 1439 or 1440); 

4 (b) was fingerprinted in accordance with the require5 ments of the Secretary of Defense at the time the indi6 vidual enlisted in the Armed Forces; and 

7 (c) submits the application to become a naturalized 

8 citizen of the United States not later than 12 months after 

9 the date the applicant is fingerprinted. 

10 SEC. 702. ENGLISH AS NATIONAL LANGUAGE. 

11 (a) SHORT TITLE.—This section may be cited as the 

12 ‘‘S.I. Hayakawa National Language Amendment Act of 

13 2007’’. 

14 (b) IN GENERAL.—Title 4, United States Code, is 

15 amended by adding at the end the following new chapter: 

‘‘CHAPTER 6—LANGUAGE OF THE GOVERNMENT 

‘‘Sec. 

‘‘161. Declaration of national language. 

‘‘162. Preserving and enhancing the role of the national language. 

‘‘163. Use of language other than English. 

16 ‘‘SEC. 161. DECLARATION OF NATIONAL LANGUAGE. 

17 ‘‘English shall be the national language of the Gov18 ernment of the United States. 


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1 ‘‘SEC. 162. PRESERVING AND ENHANCING THE ROLE OF 

2 THE NATIONAL LANGUAGE. 

3 ‘‘(a) IN GENERAL.—The Government of the United 

4 States shall preserve and enhance the role of English as 

5 the national language of the United States of America. 

6 ‘‘(b) EXCEPTION.—Unless specifically provided by 

7 statute, no person has a right, entitlement, or claim to 

8 have the Government of the United States or any of its 

9 officials or representatives act, communicate, perform or 

10 provide services, or provide materials in any language 

11 other than English. If an exception is made with respect 

12 to the use of a language other than English, the exception 

13 does not create a legal entitlement to additional services 

14 in that language or any language other than English. 

15 ‘‘(c) FORMS.—If any form is issued by the Federal 

16 Government in a language other than English (or such 

17 form is completed in a language other than English), the 

18 English language version of the form is the sole authority 

19 for all legal purposes. 

20 ‘‘SEC. 163. USE OF LANGUAGE OTHER THAN ENGLISH. 

21 ‘‘Nothing in this chapter shall prohibit the use of a 

22 language other than English.’’. 

23 (c) CONFORMING AMENDMENT.—The table of chap24 ters for title 4, United States Code, is amended by adding 

25 at the end the following new item: 

‘‘6. Language of the Government ........................................................ 161’’. 


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1 SEC. 703. DECLARATION OF ENGLISH AS LANGUAGE. 

2 (a) IN GENERAL.—English is the common language 

3 of the United States. 

4 (b) PRESERVING AND ENHANCING THE ROLE OF

5 THE ENGLISH LANGUAGE.—The Government of the 

6 United States shall preserve and enhance the role of 

7 English as the language of the United States. Nothing in 

8 this Act shall diminish or expand any existing rights under 

9 the laws of the United States relative to services or mate10 rials provided by the Government of the United States in 

11 any language other than English. 

12 (c) DEFINITION OF LAW.—For purposes of this sec13 tion, the term ‘‘laws of the United States’’ includes the 

14 Constitution of the United States, any provision of Fed15 eral statute, or any rule or regulation issued under such 

16 statute, any judicial decisions interpreting such statute, 

17 or any Executive Order of the President. 

18 SEC. 704. PILOT PROJECT REGARDING IMMIGRATION 

19 PRACTITIONER COMPLAINTS. 

20 (a) Within 180 days of the enactment of this Act, 

21 the Secretary of Homeland Security, in consultation with 

22 the Attorney General, shall institute a three-year pilot 

23 project to— 

24 (1) Encourage alien victims of immigration 

25 practitioner fraud, and related crimes, to come for26 ward and file practitioner fraud complaints with the 


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1 Department of Homeland Security by utilizing exist2 ing statutory and administrative authority; 

3 (2) Cooperate with Federal, State, and local law 

4 enforcement officials who are responsible for inves5 tigating and prosecuting such crimes; and 

6 (3) Increase public awareness regarding the 

7 problem of immigration practitioner fraud. 

8 (b) REPORTING.—Not later than 1 year after the end 

9 of the three-year pilot period, the Secretary of Homeland 

10 Security shall submit to Congress a report that includes 

11 information concerning— 

12 (1) the number of individuals who file practi13 tioner fraud complaints via the pilot program; 

14 (2) the demographic characteristics, nationality, 

15 and immigration status of the complainants; 

16 (3) the number of indictments that result from 

17 the pilot; and 

18 (4) the number of successful fraud prosecutions 

19 that result from the pilot. 

20 Subtitle B—Assimilation and 

21 Naturalization 

22 SEC. 705. THE OFFICE OF CITIZENSHIP AND INTEGRATION. 

23 Section 451(f) of the Homeland Security Act of 2002, 

24 Public Law 107–296 (6 U.S.C. 271(f)), is amended by— 


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1 (1) inserting ‘‘and Integration’’ after ‘‘Office of 

2 Citizenship’’ the two times that phrase appears; and 

3 (2) in paragraph (f)(2), striking ‘‘instruction 

4 and training on citizenship responsibilities’’ and in5 serting ‘‘civic integration, and instruction and train6 ing on citizenship responsibilities and requirements 

7 for citizenship’’. 

8 SEC. 706. SPECIAL PROVISIONS FOR ELDERLY IMMI9 GRANTS. 

10 Section 312(b) of the Immigration and Nationality 

11 Act (8 U.S.C. 1423(b)) is amended by adding at the end 

12 the following: ‘‘(4) The requirements of subsection (a) of 

13 this section shall not apply to a person who is over 75 

14 years of age on the date of filing an application for natu15 ralization; Provided that, the person expresses, in English 

16 or in the applicant’s native language, at the time of exam17 ination for naturalization that the person understands and 

18 agrees to the elements of the oath required by section 337 

19 of this Act.’’. 

20 SEC. 707. FUNDING FOR THE OFFICE OF CITIZENSHIP AND 

21 INTEGRATION. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary of Home24 land Security the sum of [$100] million to carry out the 

25 mission and operations of the Office of Citizenship and 


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1 Integration in U.S. Citizenship and Immigration Services, 

2 including the patriotic integration of prospective citizens 

3 into— 

4 (1) American common values and traditions, in5 cluding an understanding of American history and 

6 the principles of the Constitution of the United 

7 States; and 

8 (2) civic traditions of the United States, includ9 ing the Pledge of Allegiance, respect for the flag of 

10 the United States, and voting in public elections. 

11 SEC. 708. CITIZENSHIP AND INTEGRATION COUNCILS. 

12 (a) GRANTS AUTHORIZED.—The Office of Citizen13 ship and Immigrant Integration shall provide grants to 

14 States and municipalities for effective integration of immi15 grants into American society through the creation of New 

16 Americans Integrations Councils. 

17 (b) USE OF FUNDS.— 

18 (1) IN GENERAL.—Grants awarded under this 

19 section shall be used— 

20 (A) To report on the status of new immi21 grants, lawful permanent residents, and citizens 

22 within the State or municipality; 

23 (B) To conduct a needs assessment, in24 cluding the availability of and demand for 

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1 es, for new immigrants, lawful permanent resi2 dents, Z non-immigrants, and citizens; 

3 (C) To convene public hearings and meet4 ings to assist in the development of a com5 prehensive plan to integrate new immigrants, 

6 lawful permanent residents, Z non-immigrants, 

7 and citizens; and 

8 (D) To develop a comprehensive plan to in9 tegrate new immigrants, lawful permanent resi10 dents, Z non-immigrants, and citizens into 

11 States and municipalities. 

12 (2) MEMBERSHIP OF INTEGRATION COUN13 CILS.—New Americans Integration Councils estab14 lished under this section shall consist of no less than 

15 ten and no more than fifteen individuals from the 

16 following sectors: 

17 (A) State and local government; 

18 (B) Business; 

19 (C) Faith-based organizations; 

20 (D) Civic organizations; 

21 (E) Philanthropic leaders; and 

22 (F) Nonprofit organizations with experi23 ence working with immigrant communities. 

24 (c) REPORTING.—The Government Accountability 

25 Office, in coordination with the Office of Citizenship and 


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1 Immigrant Integration, shall conduct an annual evaluation 

2 of the grant program conducted under this section. Such 

3 evaluation shall be used by the Office of Citizenship and 

4 Immigrant Integration— 

5 (1) To determine and improve upon the pro6 gram’s effectiveness; 

7 (2) To develop recommended best practices for 

8 states and municipalities who receive grant awards; 

9 and 

10 (3) To further define the program’s goals and 

11 objectives. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Office of Citizen14 ship and Immigrant Integration such sums as may be nec15 essary for each of the fiscal years 2008 through 2012 to 

16 carry out this section. 

17 SEC. 709. PRESIDENTIAL AWARD FOR BUSINESS LEADER18 SHIP IN PROMOTING AMERICAN CITIZEN19 SHIP. 

20 (a) ESTABLISHMENT.—There is established the Pres21 idential Award for Business Leadership in Promoting 

22 American Citizenship, which shall be awarded to compa23 nies and other organizations that make extraordinary ef24 forts in assisting their employees and members to learn 


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1 English and increase their understanding of American his2 tory and civics. 

3 (b) SELECTION AND PRESENTATION OF AWARD.— 

4 (1) SELECTION.—The President, upon rec5 ommendations from the Secretary, the Secretary of 

6 Labor, and the Secretary of Education, shall periodi7 cally award the Citizenship Education Award to 

8 large and small companies and other organizations 

9 described in subsection (a). 

10 (2) PRESENTATION.—The presentation of the 

11 award shall be made by the President, or designee 

12 of the President, in conjunction with an appropriate 

13 ceremony. 

14 SEC. 710. HISTORY AND GOVERNMENT TEST. 

15 (a) HISTORY AND GOVERNMENT TEST.—The Sec16 retary shall incorporate a knowledge and understanding 

17 of the meaning of the Oath of Allegiance provided by sec18 tion 337 of the Immigration and Nationality Act (8 U.S.C. 

19 1448) into the history and government test given to appli20 cants for citizenship. Nothing in this Act, other than the 

21 amendment made by this subsection, shall be construed 

22 to influence the naturalization test redesign process cur23 rently underway under the direction of U.S. Citizenship 

24 and Immigration Services. 


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1 SEC. 711. ENGLISH LEARNING PROGRAM. 

2 (a) The Secretary of Education shall develop an open 

3 source electronic program, useable on personal computers 

4 and through the Internet, that teaches the English lan5 guage at various levels of proficiency, up to and including 

6 the ability to pass the Test of English as a Foreign Lan7 guage, to individuals inside the United States whose pri8 mary language is a language other than English. The Sec9 retary shall make the program available to the public for 

10 free, including by placing it on the Department of Edu11 cation website, and shall ensure that it is readily accessible 

12 to public libraries throughout the United States. The pro13 gram shall be fully accessible, at a minimum, to speakers 

14 of the top five foreign languages spoken inside the United 

15 States. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary of Edu18 cation such sums as are necessary to carry out the pur19 poses of this section. 

20 SEC. 712. GAO STUDY ON THE APPELLATE PROCESS FOR 

21 IMMIGRATION APPEALS. 

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

23 United States shall, not later than 180 days after enact24 ment of this Act, conduct a study on the appellate process 

25 for immigration appeals. 


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1 (b) REQUIREMENTS.—In conducting the study under 

2 subsection (a), the Comptroller General shall consider the 

3 possibility of consolidating all appeals from the Board of 

4 Immigration Appeals and habeas corpus petitions in immi5 gration cases into 1 United States Court of Appeals, by— 

6 (1) consolidating all such appeals into an exist7 ing circuit court, such as the United States Court of 

8 Appeals for the Federal Circuit; 

9 (2) consolidating all such appeals into a central10 ized appellate court consisting of active circuit court 

11 judges temporarily assigned from the various cir12 cuits, in a manner similar to the Foreign Intel13 ligence Surveillance Court or the Temporary Emer14 gency Court of Appeals; or 

15 (3) implementing a mechanism by which a 

16 panel of active circuit court judges shall have the au17 thority to reassign such appeals from circuits with 

18 relatively high caseloads to circuits with relatively 

19 low caseloads. 

20 (c) FACTORS TO CONSIDER.—In conducting the 

21 study under subsection (a), the Comptroller General, in 

22 consultation with the Attorney General, the Secretary, and 

23 the Judicial Conference of the United States, shall con24 sider— 


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1 (1) the resources needed for each alternative, 

2 including judges, attorneys and other support staff, 

3 case management techniques including technological 

4 requirements, physical infrastructure, and other pro5 cedural and logistical issues as appropriate; 

6 (2) the impact of each plan on various circuits, 

7 including their caseload in general and caseload per 

8 panel; 

9 (3) the possibility of utilizing case management 

10 techniques to reduce the impact of any consolidation 

11 option, such as requiring certificates of reviewability, 

12 similar to procedures for habeas and existing sum13 mary dismissal procedures in local rules of the 

14 courts of appeals; 

15 (4) the effect of reforms in this Act on the abil16 ity of the circuit courts to adjudicate such appeals; 

17 (5) potential impact, if any, on litigants; and 

18 (6) other reforms to improve adjudication of 

19 immigration matters, including appellate review of 

20 motions to reopen and reconsider, and attorney fee 

21 awards with respect to review of final orders of re22 moval. 


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1 Subtitle C—American Competitive2 ness Scholarship Program 

3 SEC. 713. AMERICAN COMPETITIVENESS SCHOLARSHIP 

4 PROGRAM. 

5 (a) ESTABLISHMENT.—The Director of the National 

6 Science Foundation (referred to in this section as the ‘‘Di7 rector’’) shall award scholarships to eligible individuals to 

8 enable such individuals to pursue associate, under9 graduate, or graduate level degrees in mathematics, engi10 neering, health care, or computer science. 

11 (b) ELIGIBILITY.— 

12 (1) IN GENERAL.—To be eligible to receive a 

13 scholarship under this section, an individual shall— 

14 (A) be a citizen of the United States, a na15 tional of the United States (as defined in sec16 tion 101(a) of the Immigration and Nationality 

17 Act (8 U.S.C. 1101(a)), an alien admitted as a 

18 refugee under section 207 of such Act (8 

19 U.S.C. 1157), or an alien lawfully admitted to 

20 the United States for permanent residence; 

21 (B) prepare and submit to the Director an 

22 application at such time, in such manner, and 

23 containing such information as the Director 

24 may require; and 


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1 (C) certify to the Director that the indi2 vidual intends to use amounts received under 

3 the scholarship to enroll or continue enrollment 

4 at an institution of higher education (as defined 

5 in section 101(a) of the Higher Education Act 

6 of 1965 (20 U.S.C. 1001(a)) in order to pursue 

7 an associate, undergraduate, or graduate level 

8 degree in mathematics, engineering, computer 

9 science, nursing, medicine, or other clinical 

10 medical program, or technology, or science pro11 gram designated by the Director. 

12 (2) ABILITY.—Awards of scholarships under 

13 this section shall be made by the Director solely on 

14 the basis of the ability of the applicant, except that 

15 in any case in which 2 or more applicants for schol16 arships are deemed by the Director to be possessed 

17 of substantially equal ability, and there are not suffi18 cient scholarships available to grant one to each of 

19 such applicants, the available scholarship or scholar20 ships shall be awarded to the applicants in a manner 

21 that will tend to result in a geographically wide dis22 tribution throughout the United States of recipients’ 

23 places of permanent residence. 

24 (c) AMOUNT OF SCHOLARSHIP; RENEWAL.— 


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1 (1) AMOUNT OF SCHOLARSHIP.—The amount 

2 of a scholarship awarded under this section shall be 

3 $15,000 per year, except that no scholarship shall be 

4 greater than the annual cost of tuition and fees at 

5 the institution of higher education in which the 

6 scholarship recipient is enrolled or will enroll. 

7 (2) RENEWAL.—The Director may renew a 

8 scholarship under this section for an eligible indi9 vidual for not more than 4 years. 

10 (d) FUNDING.—The Director shall carry out this sec11 tion only with funds made available under section 286(x) 

12 of the Immigration and Nationality Act (as added by sec13 tion 712) (8 U.S.C. 1356). 

14 (e) FEDERAL REGISTER.—Not later than 60 days 

15 after the date of enactment of this Act, the Director shall 

16 publish in the Federal Register a list of eligible programs 

17 of study for a scholarship under this section. 

18 SEC. 714. SUPPLEMENTAL H–1B NONIMMIGRANT PETI19 TIONER ACCOUNT. 

20 Section 286 of the Immigration and Nationality Act 

21 (8 U.S.C. 1356) (as amended by this Act) is further 

22 amended by inserting after subsection (w) the following: 

23 ‘‘(x) SUPPLEMENTAL H–1B NONIMMIGRANT PETI24 TIONER ACCOUNT.— 


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1 ‘‘(1) IN GENERAL.—There is established in the 

2 general fund of the Treasury a separate account, 

3 which shall be known as the ‘Supplemental H–1B 

4 Nonimmigrant Petitioner Account’. Notwithstanding 

5 any other section of this Act, there shall be depos6 ited as offsetting receipts into the account all fees 

7 collected under section 214(c)(15). 

8 ‘‘(2) USE OF FEES FOR AMERICAN COMPETI9 TIVENESS SCHOLARSHIP PROGRAM.—The amounts 

10 deposited into the Supplemental H–1B Non11 immigrant Petitioner Account shall remain available 

12 to the Director of the National Science Foundation 

13 until expended for scholarships described in section 

14 711 of the Secure Borders, Economic Opportunity 

15 and Immigration Reform Act of 2007 for students 

16 enrolled in a program of study leading to a degree 

17 in mathematics, engineering, health care, or com18 puter science.’’. 

19 SEC. 715. SUPPLEMENTAL FEES. 

20 Section 214(c) of the Immigration and Nationality 

21 Act (8 U.S.C. 1184(c)) is amended by adding at the end 

22 the following: 

23 ‘‘(15)(A) In each instance where the Attorney 

24 General, the Secretary of Homeland Security, or the 

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1 ant to paragraph (9) or (11), the Attorney General, 

2 the Secretary of Homeland Security, or the Sec3 retary of State, as appropriate, shall impose a sup4 plemental fee on the employer in addition to any 

5 other fee required by such paragraph or any other 

6 provision of law, in the amount determined under 

7 subparagraph (B). 

8 ‘‘(B) The amount of the supplemental fee 

shall be $3,500, except that the fee shall be 1 9 ⁄2

10 that amount for any employer with not more 

11 than 25 full-time equivalent employees who are 

12 employed in the United States (determined by 

13 including any affiliate or subsidiary of such em14 ployer). 

15 ‘‘(C) Fees collected under this paragraph 

16 shall be deposited in the Treasury in accordance 

17 with section 286(x).’’. 

18 TITLE VIII—MISCELLANEOUS 

19 Subtitle A—Unaccompanied Alien 

20 Child Protection Act of 2007 

21 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

23 ‘‘Unaccompanied Alien Child Protection Act of 2007’’. 

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

25 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definitions. 

TITLE I—CUSTODY, RELEASE, FAMILY REUNIFICATION, AND 

DETENTION 

Sec. 101. Procedures when encountering unaccompanied alien children. 

Sec. 102. Family reunification for unaccompanied alien children with relatives 

in the United States. 

Sec. 103. Appropriate conditions for detention of unaccompanied alien children. 

Sec. 104. Repatriated unaccompanied alien children. 

Sec. 105. Establishing the age of an unaccompanied alien child. 

Sec. 106. Effective date. 

TITLE II—ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO 

CHILD ADVOCATES AND COUNSEL 

Sec. 201. Child advocates. 

Sec. 202. Counsel. 

Sec. 203. Effective date; applicability. 

TITLE III—STRENGTHENING POLICIES FOR PERMANENT 

PROTECTION OF ALIEN CHILDREN 

Sec. 301. Special immigrant juvenile classification. 

Sec. 302. Training for officials and certain private parties who come into contact with unaccompanied alien children. 

Sec. 303. Report. 

TITLE IV—CHILDREN REFUGEE AND ASYLUM SEEKERS 

Sec. 401. Guidelines for children’s asylum claims. 

Sec. 402. Unaccompanied refugee children. 

Sec. 403. Exceptions for unaccompanied alien children in asylum and refugeelike circumstances. 

TITLE V—AMENDMENTS TO THE HOMELAND SECURITY ACT OF 

2002 

Sec. 501. Additional responsibilities and powers of the Office of Refugee Resettlement with respect to unaccompanied alien children. 

Sec. 502. Technical corrections. 

Sec. 503. Effective date. 

TITLE VI—AUTHORIZATION OF APPROPRIATIONS 

Sec. 601. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 (a) IN GENERAL.—In this Act: 

3 (1) COMPETENT.—The term ‘‘competent’’, in 

4 reference to counsel, means an attorney, or a rep5 resentative authorized to represent unaccompanied 


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1 alien children in immigration proceedings or mat2 ters, who— 

3 (A) complies with the duties set forth in 

4 this Act; 

5 (B) is— 

6 (i) properly qualified to handle mat7 ters involving unaccompanied alien chil8 dren; or 

9 (ii) working under the auspices of a 

10 qualified nonprofit organization that is ex11 perienced in handling such matters; and 

12 (C) if an attorney— 

13 (i) is a member in good standing of 

14 the bar of the highest court of any State, 

15 possession, territory, Commonwealth, or 

16 the District of Columbia; and 

17 (ii) is not under any order of any 

18 court suspending, enjoining, restraining, 

19 disbarring, or otherwise restricting the at20 torney in the practice of law. 

21 (2) DEPARTMENT.—The term ‘‘Department’’ 

22 means the Department of Homeland Security. 

23 (3) DIRECTOR.—The term ‘‘Director’’ means 

24 the Director of the Office. 


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1 (4) OFFICE.—The term ‘‘Office’’ means the Of2 fice of Refugee Resettlement established by section 

3 411 of the Immigration and Nationality Act (8 

4 U.S.C. 1521). 

5 (5) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Homeland Security. 

7 (6) UNACCOMPANIED ALIEN CHILD.—The term 

8 ‘‘unaccompanied alien child’’ has the meaning given 

9 the term in 101(a)(51) of the Immigration and Na10 tionality Act, as added by subsection (b). 

11 (7) VOLUNTARY AGENCY.—The term ‘‘vol12 untary agency’’ means a private, nonprofit voluntary 

13 agency with expertise in meeting the cultural, devel14 opmental, or psychological needs of unaccompanied 

15 alien children, as certified by the Director. 

16 (b) AMENDMENTS TO THE IMMIGRATION AND NA17 TIONALITY ACT.—Section 101(a) of the Immigration and 

18 Nationality Act (8 U.S.C. 1101(a)) is amended by adding 

19 at the end the following: 

20 ‘‘(51) The term ‘unaccompanied alien child’ 

21 means a child who— 

22 ‘‘(A) has no lawful immigration status in 

23 the United States; 

24 ‘‘(B) has not attained 18 years of age; and 

25 ‘‘(C) with respect to whom— 


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1 ‘‘(i) there is no parent or legal guard2 ian in the United States; or 

3 ‘‘(ii) no parent or legal guardian in 

4 the United States is available to provide 

5 care and physical custody. 

6 ‘‘(52) The term ‘unaccompanied refugee chil7 dren’ means persons described in paragraph (42) 

8 who— 

9 ‘‘(A) have not attained 18 years of age; 

10 and 

11 ‘‘(B) with respect to whom there are no 

12 parents or legal guardians available to provide 

13 care and physical custody.’’. 

14 (c) RULE OF CONSTRUCTION.— 

15 ‘‘(1) STATE COURTS ACTING IN LOCO

16 PARENTIS.—A department or agency of a State, or 

17 an individual or entity appointed by a State court or 

18 a juvenile court located in the United States, acting 

19 in loco parentis, shall not be considered a legal 

20 guardian for purposes of section 462 of the Home21 land Security Act of 2002 (6 U.S.C. 279) or this 

22 Act. 

23 (2) CLARIFICATION OF THE DEFINITION OF UN24 ACCOMPANIED ALIEN CHILD.—For the purposes of 

25 section 462(g)(2) of the Homeland Security Act of 


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1 2002 (6 U.S.C. 279(g)(2)) and this Act, a parent or 

2 legal guardian shall not be considered to be available 

3 to provide care and physical custody of an alien child 

4 unless such parent is in the physical presence of, 

5 and able to exercise parental responsibilities over, 

6 such child at the time of such child’s apprehension 

7 and during the child’s detention. 

8 TITLE I—CUSTODY, RELEASE, 

9 FAMILY REUNIFICATION, AND 

10 DETENTION 

11 SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOM12 PANIED ALIEN CHILDREN. 

13 (a) UNACCOMPANIED CHILDREN FOUND ALONG THE

14 UNITED STATES BORDER OR AT UNITED STATES PORTS

15 OF ENTRY.— 

16 (1) IN GENERAL.—Subject to paragraph (2), an 

17 immigration officer who finds an unaccompanied 

18 alien child described in paragraph (2) at a land bor19 der or port of entry of the United States and deter20 mines that such child is inadmissible under the Im21 migration and Nationality Act (8 U.S.C. 1101 et 

22 seq.) shall— 

23 (A) permit such child to withdraw the 

24 child’s application for admission pursuant to 


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1 section 235(a)(4) of the Immigration and Na2 tionality Act (8 U.S.C. 1225(a)(4)); and 

3 (B) return such child to the child’s country 

4 of nationality or country of last habitual resi5 dence. 

6 (2) SPECIAL RULE FOR CONTIGUOUS COUN7 TRIES.— 

8 (A) IN GENERAL.—Any child who is a na9 tional or habitual resident of a country, which 

10 is contiguous with the United States and has 

11 an agreement in writing with the United States 

12 that provides for the safe return and orderly re13 patriation of unaccompanied alien children who 

14 are nationals or habitual residents of such 

15 country, shall be treated in accordance with 

16 paragraph (1) if the Secretary determines, on a 

17 case-by-case basis, that— 

18 (i) such child is a national or habitual 

19 resident of a country described in this sub20 paragraph; 

21 (ii) such child does not have a fear of 

22 returning to the child’s country of nation23 ality or country of last habitual residence 

24 owing to a fear of persecution; 


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1 (iii) the return of such child to the 

2 child’s country of nationality or country of 

3 last habitual residence would not endanger 

4 the life or safety of such child; and 

5 (iv) the child is able to make an inde6 pendent decision to withdraw the child’s 

7 application for admission due to age or 

8 other lack of capacity. 

9 (B) RIGHT OF CONSULTATION.—Any child 

10 described in subparagraph (A) shall have the 

11 right, and shall be informed of that right in the 

12 child’s native language— 

13 (i) to consult with a consular officer 

14 from the child’s country of nationality or 

15 country of last habitual residence prior to 

16 repatriation; and 

17 (ii) to consult, telephonically, with the 

18 Office. 

19 (3) RULE FOR APPREHENSIONS AT THE BOR20 DER.—The custody of unaccompanied alien children 

21 not described in paragraph (2) who are apprehended 

22 at the border of the United States or at a United 

23 States port of entry shall be treated in accordance 

24 with subsection (b). 


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1 (b) CARE AND CUSTODY OF UNACCOMPANIED ALIEN

2 CHILDREN FOUND IN THE INTERIOR OF THE UNITED

3 STATES.— 

4 (1) ESTABLISHMENT OF JURISDICTION.— 

5 (A) IN GENERAL.—Except as otherwise 

6 provided under subparagraphs (B) and (C) and 

7 subsection (a), the care and custody of all unac8 companied alien children, including responsi9 bility for their detention, where appropriate, 

10 shall be under the jurisdiction of the Office. 

11 (B) EXCEPTION FOR CHILDREN WHO HAVE

12 COMMITTED CRIMES.—Notwithstanding sub13 paragraph (A), the Department of Justice shall 

14 retain or assume the custody and care of any 

15 unaccompanied alien who is— 

16 (i) in the custody of the Department 

17 of Justice pending prosecution for a Fed18 eral crime other than a violation of the Im19 migration and Nationality Act; or 

20 (ii) serving a sentence pursuant to a 

21 conviction for a Federal crime. 

22 (C) EXCEPTION FOR CHILDREN WHO

23 THREATEN NATIONAL SECURITY.—Notwith24 standing subparagraph (A), the Department 

25 shall retain or assume the custody and care of 


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1 an unaccompanied alien child if the Secretary 

2 has substantial evidence, based on an individ3 ualized determination, that such child could 

4 personally endanger the national security of the 

5 United States. 

6 (2) NOTIFICATION.— 

7 (A) IN GENERAL.—Each department or 

8 agency of the Federal Government shall 

9 promptly notify the Office upon— 

10 (i) the apprehension of an unaccom11 panied alien child; 

12 (ii) the discovery that an alien in the 

13 custody of such department or agency is 

14 an unaccompanied alien child; 

15 (iii) any claim by an alien in the cus16 tody of such department or agency that 

17 such alien is younger than 18 years of age; 

18 or 

19 (iv) any suspicion that an alien in the 

20 custody of such department or agency who 

21 has claimed to be at least 18 years of age 

22 is actually younger than 18 years of age. 

23 (B) SPECIAL RULE.—The Director shall— 

24 (i) make an age determination for an 

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1 paragraph (A) in accordance with section 

2 105; and 

3 (ii) take whatever other steps are nec4 essary to determine whether such alien is 

5 eligible for treatment under section 462 of 

6 the Homeland Security Act of 2002 (6 

7 U.S.C. 279) or under this Act. 

8 (3) TRANSFER OF UNACCOMPANIED ALIEN

9 CHILDREN.— 

10 (A) TRANSFER TO THE OFFICE.—Any 

11 Federal department or agency that has an un12 accompanied alien child in its custody shall 

13 transfer the custody of such child to the Of14 fice— 

15 (i) not later than 72 hours after a de16 termination is made that such child is an 

17 unaccompanied alien, if the child is not de18 scribed in subparagraph (B) or (C) of 

19 paragraph (1); 

20 (ii) if the custody and care of the 

21 child has been retained or assumed by the 

22 Attorney General under paragraph (1)(B) 

23 or by the Department under paragraph 

24 (1)(C), following a determination that the 


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1 child no longer meets the description set 

2 forth in such subparagraphs; or 

3 (iii) if the child was previously re4 leased to an individual or entity described 

5 in section 102(a)(1), upon a determination 

6 by the Director that such individual or en7 tity is no longer able to care for the child. 

8 (B) TRANSFER TO THE DEPARTMENT.— 

9 The Director shall transfer the care and cus10 tody of an unaccompanied alien child in the 

11 custody of the Office or the Department of Jus12 tice to the Department upon determining that 

13 the child is described in subparagraph (B) or 

14 (C) of paragraph (1). 

15 (C) PROMPTNESS OF TRANSFER.—If a 

16 child needs to be transferred under this para17 graph, the sending office shall make prompt ar18 rangements to transfer such child and the re19 ceiving office shall make prompt arrangements 

20 to receive such child. 

21 (c) AGE DETERMINATIONS.—If the age of an alien 

22 is in question and the resolution of questions about the 

23 age of such alien would affect the alien’s eligibility for 

24 treatment under section 462 of the Homeland Security 

25 Act of 2002 (6 U.S.C. 279) or this Act, a determination 


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1 of whether or not such alien meets such age requirements 

2 shall be made in accordance with section 105, unless oth3 erwise specified in subsection (b)(2)(B). 

4 (d) ACCESS TO ALIEN.—The Secretary and the At5 torney General shall permit the Office to have reasonable 

6 access to aliens in the custody of the Secretary or the At7 torney General to ensure a prompt determination of the 

8 age of such alien, if necessary under subsection (b)(2)(B). 

9 SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED 

10 ALIEN CHILDREN WITH RELATIVES IN THE 

11 UNITED STATES. 

12 (a) PLACEMENT OF RELEASED CHILDREN.— 

13 (1) ORDER OF PREFERENCE.—Subject to the 

14 discretion of the Director under paragraph (4), sec15 tion 103(a)(2), and section 462(b)(2) of the Home16 land Security Act of 2002 (6 U.S.C. 279(b)(2)), an 

17 unaccompanied alien child in the custody of the Of18 fice shall be promptly placed with 1 of the following 

19 individuals or entities in the following order of pref20 erence: 

21 (A) A parent who seeks to establish cus22 tody under paragraph (3)(A). 

23 (B) A legal guardian who seeks to estab24 lish custody under paragraph (3)(A). 

25 (C) An adult relative. 


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1 (D) An individual or entity designated by 

2 the parent or legal guardian that is capable and 

3 willing to care for the well being of the child. 

4 (E) A State-licensed family foster home, 

5 small group home, or juvenile shelter willing to 

6 accept custody of the child. 

7 (F) A qualified adult or entity, as deter8 mined by the Director by regulation, seeking 

9 custody of the child if the Director determines 

10 that no other likely alternative to long-term de11 tention exists and family reunification does not 

12 appear to be a reasonable alternative. 

13 (2) SUITABILITY ASSESSMENT.— 

14 (A) GENERAL REQUIREMENTS.—Notwith15 standing paragraph (1), and subject to the re16 quirements of subparagraph (B), an unaccom17 panied alien child may not be placed with a per18 son or entity described in any of subparagraphs 

19 (A) through (F) of paragraph (1) unless the 

20 Director provides written certification that the 

21 proposed custodian is capable of providing for 

22 the child’s physical and mental well-being, 

23 based on— 

24 (i) with respect to an individual custo25 dian— 


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1 (I) verification of such individ2 ual’s identity and employment; 

3 (II) a finding that such indi4 vidual has not engaged in any activity 

5 that would indicate a potential risk to 

6 the child, including the people and ac7 tivities described in paragraph 

8 (4)(A)(i); 

9 (III) a finding that such indi10 vidual is not the subject of an open 

11 investigation by a State or local child 

12 protective services authority due to 

13 suspected child abuse or neglect; 

14 (IV) verification that such indi15 vidual has a plan for the provision of 

16 care for the child; 

17 (V) verification of familial rela18 tionship of such individual, if any re19 lationship is claimed; and 

20 (VI) verification of nature and 

21 extent of previous relationship; 

22 (ii) with respect to a custodial entity, 

23 verification of such entity’s appropriate li24 censure by the State, county, or other ap25 plicable unit of government; and 


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1 (iii) such other information as the Di2 rector determines appropriate. 

3 (B) HOME STUDY.— 

4 (i) IN GENERAL.—The Director shall 

5 place a child with any custodian described 

6 in any of subparagraphs (A) through (F) 

7 of paragraph (1) unless the Director deter8 mines that a home study with respect to 

9 such custodian is necessary. 

10 (ii) SPECIAL NEEDS CHILDREN.—A 

11 home study shall be conducted to deter12 mine if the custodian can properly meet 

13 the needs of— 

14 (I) a special needs child with a 

15 disability (as defined in section 3 of 

16 the Americans with Disabilities Act of 

17 1990 (42 U.S.C. 12102(2)); or 

18 (II) a child who has been the ob19 ject of physical or mental injury, sex20 ual abuse, negligent treatment, or 

21 maltreatment under circumstances 

22 which indicate that the child’s health 

23 or welfare has been harmed or threat24 ened. 


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1 (iii) FOLLOW-UP SERVICES.—The Di2 rector shall conduct follow-up services for 

3 at least 90 days on custodians for whom a 

4 home study was conducted under this sub5 paragraph. 

6 (C) CONTRACT AUTHORITY.—The Director 

7 may, by grant or contract, arrange for some or 

8 all of the activities under this section to be car9 ried out by— 

10 (i) an agency of the State of the 

11 child’s proposed residence; 

12 (ii) an agency authorized by such 

13 State to conduct such activities; or 

14 (iii) an appropriate voluntary or non15 profit agency. 

16 (D) DATABASE ACCESS.—In conducting 

17 suitability assessments, the Director shall have 

18 access to all relevant information in the appro19 priate Federal, State, and local law enforcement 

20 and immigration databases. 

21 (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO

22 CUSTODY OF UNACCOMPANIED ALIEN CHILD.— 

23 (A) PLACEMENT WITH PARENT OR LEGAL

24 GUARDIAN.—If an unaccompanied alien child is 

25 placed with any person or entity other than a 


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1 parent or legal guardian, and subsequent to 

2 that placement a parent or legal guardian seeks 

3 to establish custody, the Director shall— 

4 (i) assess the suitability of placing the 

5 child with the parent or legal guardian; 

6 and 

7 (ii) make a written determination re8 garding the child’s placement within 30 

9 days. 

10 (B) RULE OF CONSTRUCTION.—Nothing in 

11 this Act shall be construed to— 

12 (i) supersede obligations under any 

13 treaty or other international agreement to 

14 which the United States is a party, includ15 ing— 

16 (I) the Convention on the Civil 

17 Aspects of International Child Abduc18 tion, done at The Hague, October 25, 

19 1980 (TIAS 11670); 

20 (II) the Vienna Declaration and 

21 Program of Action, adopted at Vi22 enna, June 25, 1993; and 

23 (III) the Declaration of the 

24 Rights of the Child, adopted at New 

25 York, November 20, 1959; or 


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1 (ii) limit any right or remedy under 

2 such international agreement. 

3 (4) PROTECTION FROM SMUGGLERS AND TRAF4 FICKERS.— 

5 (A) POLICIES AND PROGRAMS.— 

6 (i) IN GENERAL.—The Director shall 

7 establish policies and programs to ensure 

8 that unaccompanied alien children are pro9 tected from smugglers, traffickers, or other 

10 persons seeking to victimize or otherwise 

11 engage such children in criminal, harmful, 

12 or exploitative activity. 

13 (ii) WITNESS PROTECTION PROGRAMS

14 INCLUDED.—Programs established pursu15 ant to clause (i) may include witness pro16 tection programs. 

17 (B) CRIMINAL INVESTIGATIONS AND PROS18 ECUTIONS.—Any officer or employee of the Of19 fice or of the Department, and any grantee or 

20 contractor of the Office or of the Department, 

21 who suspects any individual of involvement in 

22 any activity described in subparagraph (A) shall 

23 report such individual to Federal or State pros24 ecutors for criminal investigation and prosecu25 tion. 


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1 (C) DISCIPLINARY ACTION.—Any officer or 

2 employee of the Office or the Department, and 

3 any grantee or contractor of the Office, who be4 lieves that a competent attorney or representa5 tive has been a participant in any activity de6 scribed in subparagraph (A), shall report the 

7 attorney to the State bar association of which 

8 the attorney is a member, or to other appro9 priate disciplinary authorities, for appropriate 

10 disciplinary action, including private or public 

11 admonition or censure, suspension, or disbar12 ment of the attorney from the practice of law. 

13 (5) GRANTS AND CONTRACTS.—The Director 

14 may award grants to, and enter into contracts with, 

15 voluntary agencies to carry out this section or sec16 tion 462 of the Homeland Security Act of 2002 (6 

17 U.S.C. 279). 

18 (b) CONFIDENTIALITY.— 

19 (1) IN GENERAL.—All information obtained by 

20 the Office relating to the immigration status of a 

21 person described in subparagraphs (A), (B), and (C) 

22 of subsection (a)(1) shall remain confidential and 

23 may only be used to determine such person’s quali24 fications under subsection (a)(1). 


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1 (2) NONDISCLOSURE OF INFORMATION.—In 

2 consideration of the needs and privacy of unaccom3 panied alien children in the custody of the Office or 

4 its agents, and the necessity to guarantee the con5 fidentiality of such children’s information in order to 

6 facilitate their trust and truthfulness with the Of7 fice, its agents, and clinicians, the Office shall main8 tain the privacy and confidentiality of all informa9 tion gathered in the course of the care, custody, and 

10 placement of unaccompanied alien children, con11 sistent with its role and responsibilities under the 

12 Homeland Security Act to act as guardian in loco 

13 parentis in the best interest of the unaccompanied 

14 alien child, by not disclosing such information to 

15 other government agencies or nonparental third par16 ties. 

17 (c) REQUIRED DISCLOSURE.—The Secretary or the 

18 Secretary of Health and Human Services shall provide the 

19 information furnished under this section, and any other 

20 information derived from such furnished information, to— 

21 (1) a duly recognized law enforcement entity in 

22 connection with an investigation or prosecution of an 

23 offense described in paragraph (2) or (3) of section 

24 212(a) of the Immigration and Nationality Act (8 


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1 U.S.C. 1182(a)), when such information is requested 

2 in writing by such entity; or 

3 (2) an official coroner for purposes of affirma4 tively identifying a deceased individual (whether or 

5 not such individual is deceased as a result of a 

6 crime). 

7 (d) PENALTY.—Any person who knowingly uses, pub8 lishes, or permits information to be examined in violation 

9 of this section shall be fined not more than $10,000. 

10 SEC. 103. APPROPRIATE CONDITIONS FOR DETENTION OF 

11 UNACCOMPANIED ALIEN CHILDREN. 

12 (a) STANDARDS FOR PLACEMENT.— 

13 (1) ORDER OF PREFERENCE.—An unaccom14 panied alien child who is not released pursuant to 

15 section 102(a)(1) shall be placed in the least restric16 tive setting possible in the following order of pref17 erence: 

18 (A) Licensed family foster home. 

19 (B) Small group home. 

20 (C) Juvenile shelter. 

21 (D) Residential treatment center. 

22 (E) Secure detention. 

23 (2) PROHIBITION OF DETENTION IN CERTAIN

24 FACILITIES.—Except as provided under paragraph 

25 (3), an unaccompanied alien child shall not be 


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1 placed in an adult detention facility or a facility 

2 housing delinquent children. 

3 (3) DETENTION IN APPROPRIATE FACILITIES.— 

4 An unaccompanied alien child who has exhibited vio5 lent or criminal behavior that endangers others may 

6 be detained in conditions appropriate to such behav7 ior in a facility appropriate for delinquent children. 

8 (4) STATE LICENSURE.—A child shall not be 

9 placed with an entity described in section 

10 102(a)(1)(E), unless the entity is licensed by an ap11 propriate State agency to provide residential, group, 

12 child welfare, or foster care services for dependent 

13 children. 

14 (5) CONDITIONS OF DETENTION.— 

15 (A) IN GENERAL.—The Director and the 

16 Secretary shall promulgate regulations incor17 porating standards for conditions of detention 

18 in placements described in paragraph (1) that 

19 provide for— 

20 (i) educational services appropriate to 

21 the child; 

22 (ii) medical care; 

23 (iii) mental health care, including 

24 treatment of trauma, physical and sexual 

25 violence, and abuse; 


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1 (iv) access to telephones; 

2 (v) access to legal services; 

3 (vi) access to interpreters; 

4 (vii) supervision by professionals 

5 trained in the care of children, taking into 

6 account the special cultural, linguistic, and 

7 experiential needs of children in immigra8 tion proceedings; 

9 (viii) recreational programs and activi10 ties; 

11 (ix) spiritual and religious needs; and 

12 (x) dietary needs. 

13 (B) NOTIFICATION OF CHILDREN.—Regu14 lations promulgated under subparagraph (A) 

15 shall provide that all children in such place16 ments are notified of such standards orally and 

17 in writing in the child’s native language. 

18 (b) PROHIBITION OF CERTAIN PRACTICES.—The Di19 rector and the Secretary shall develop procedures prohib20 iting the unreasonable use of— 

21 (1) shackling, handcuffing, or other restraints 

22 on children; 

23 (2) solitary confinement; or 

24 (3) pat or strip searches. 


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1 (c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to supersede procedures favoring 

3 release of children to appropriate adults or entities or 

4 placement in the least secure setting possible, as described 

5 in paragraph 23 of the Stipulated Settlement Agreement 

6 under Flores v. Reno. 

7 SEC. 104. REPATRIATED UNACCOMPANIED ALIEN CHIL8 DREN. 

9 (a) COUNTRY CONDITIONS.— 

10 (1) SENSE OF CONGRESS.—It is the sense of 

11 Congress that, to the extent consistent with the trea12 ties and other international agreements to which the 

13 United States is a party, and to the extent prac14 ticable, the United States Government should under15 take efforts to ensure that it does not repatriate 

16 children in its custody into settings that would 

17 threaten the life and safety of such children. 

18 (2) ASSESSMENT OF CONDITIONS.— 

19 (A) IN GENERAL.—The Secretary of State 

20 shall include, in the annual Country Reports on 

21 Human Rights Practices, an assessment of the 

22 degree to which each country protects children 

23 from smugglers and traffickers. 

24 (B) FACTORS FOR ASSESSMENT.—The 

25 Secretary shall consult the Country Reports on 


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1 Human Rights Practices and the Trafficking in 

2 Persons Report in assessing whether to repa3 triate an unaccompanied alien child to a par4 ticular country. 

5 (b) REPORT ON REPATRIATION OF UNACCOMPANIED

6 ALIEN CHILDREN.— 

7 (1) IN GENERAL.—Not later than 18 months 

8 after the date of the enactment of this Act, and an9 nually thereafter, the Secretary shall submit a report 

10 to the Committee on the Judiciary of the Senate and 

11 the Committee on the Judiciary of the House of 

12 Representatives on efforts to repatriate unaccom13 panied alien children. 

14 (2) CONTENTS.—The report submitted under 

15 paragraph (1) shall include— 

16 (A) the number of unaccompanied alien 

17 children ordered removed and the number of 

18 such children actually removed from the United 

19 States; 

20 (B) a description of the type of immigra21 tion relief sought and denied to such children; 

22 (C) a statement of the nationalities, ages, 

23 and gender of such children; 


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1 (D) a description of the procedures used to 

2 effect the removal of such children from the 

3 United States; 

4 (E) a description of steps taken to ensure 

5 that such children were safely and humanely re6 patriated to their country of origin; and 

7 (F) any information gathered in assess8 ments of country and local conditions pursuant 

9 to subsection (a)(2). 

10 SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED 

11 ALIEN CHILD. 

12 (a) PROCEDURES.— 

13 (1) IN GENERAL.—The Director, in consulta14 tion with the Secretary, shall develop procedures to 

15 make a prompt determination of the age of an alien, 

16 which procedures shall be used— 

17 (A) by the Secretary, with respect to aliens 

18 in the custody of the Department; 

19 (B) by the Director, with respect to aliens 

20 in the custody of the Office; and 

21 (C) by the Attorney General, with respect 

22 to aliens in the custody of the Department of 

23 Justice. 

24 (2) EVIDENCE.—The procedures developed 

25 under paragraph (1) shall— 


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1 (A) permit the presentation of multiple 

2 forms of evidence, including testimony of the 

3 alien, to determine the age of the unaccom4 panied alien for purposes of placement, custody, 

5 parole, and detention; and 

6 (B) allow the appeal of a determination to 

7 an immigration judge. 

8 (b) PROHIBITION ON SOLE MEANS OF DETERMINING

9 AGE.—Radiographs or the attestation of an alien may not 

10 be used as the sole means of determining age for the pur11 poses of determining an alien’s eligibility for treatment 

12 under this Act or section 462 of the Homeland Security 

13 Act of 2002 (6 U.S.C. 279). 

14 (c) RULE OF CONSTRUCTION.—Nothing in this sec15 tion may be construed to place the burden of proof in de16 termining the age of an alien on the Government. 

17 SEC. 106. EFFECTIVE DATE. 

18 This title shall take effect on the date which is 90 

19 days after the date of the enactment of this Act. 


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1 TITLE II—ACCESS BY UNACCOM2 PANIED ALIEN CHILDREN TO 

3 CHILD ADVOCATES AND 

4 COUNSEL 

5 SEC. 201. CHILD ADVOCATES. 

6 (a) ESTABLISHMENT OF CHILD ADVOCATE PRO7 GRAM.— 

8 (1) APPOINTMENT.—The Director may appoint 

9 a child advocate, who meets the qualifications de10 scribed in paragraph (2), for an unaccompanied 

11 alien child. The Director is encouraged, if prac12 ticable, to contract with a voluntary agency for the 

13 selection of an individual to be appointed as a child 

14 advocate under this paragraph. 

15 (2) QUALIFICATIONS OF CHILD ADVOCATE.— 

16 (A) IN GENERAL.—A person may not serve 

17 as a child advocate unless such person— 

18 (i) is a child welfare professional or 

19 other individual who has received training 

20 in child welfare matters; 

21 (ii) possesses special training on the 

22 nature of problems encountered by unac23 companied alien children; and 

24 (iii) is not an employee of the Depart25 ment, the Department of Justice, or the 


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1 Department of Health and Human Serv2 ices. 

3 (B) INDEPENDENCE OF CHILD ADVO4 CATE.— 

5 (i) INDEPENDENCE FROM AGENCIES

6 OF GOVERNMENT.—The child advocate 

7 shall act independently of any agency of 

8 government in making and reporting find9 ings or making recommendations with re10 spect to the best interests of the child. No 

11 agency shall terminate, reprimand, de12 fund, intimidate, or retaliate against any 

13 person or entity appointed under para14 graph (1) because of the findings and rec15 ommendations made by such person relat16 ing to any child. 

17 (ii) PROHIBITION OF CONFLICT OF IN18 TEREST.—No person shall serve as a child 

19 advocate for a child if such person is pro20 viding legal services to such child. 

21 (3) DUTIES.—The child advocate of a child 

22 shall— 

23 (A) conduct interviews with the child in a 

24 manner that is appropriate, taking into account 

25 the child’s age; 


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1 (B) investigate the facts and circumstances 

2 relevant to the child’s presence in the United 

3 States, including facts and circumstances— 

4 (i) arising in the country of the child’s 

5 nationality or last habitual residence; and 

6 (ii) arising subsequent to the child’s 

7 departure from such country; 

8 (C) work with counsel to identify the 

9 child’s eligibility for relief from removal or vol10 untary departure by sharing with counsel rel11 evant information collected under subparagraph 

12 (B); 

13 (D) develop recommendations on issues 

14 relative to the child’s custody, detention, re15 lease, and repatriation; 

16 (E) take reasonable steps to ensure that— 

17 (i) the best interests of the child are 

18 promoted while the child participates in, or 

19 is subject to, proceedings or matters under 

20 the Immigration and Nationality Act (8 

21 U.S.C. 1101 et seq.); 

22 (ii) the child understands the nature 

23 of the legal proceedings or matters and de24 terminations made by the court, and that 


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1 all information is conveyed to the child in 

2 an age-appropriate manner; 

3 (F) report factual findings and rec4 ommendations consistent with the child’s best 

5 interests relating to the custody, detention, and 

6 release of the child during the pendency of the 

7 proceedings or matters, to the Director and the 

8 child’s counsel; 

9 (G) in any proceeding involving an alien 

10 child in which a complaint has been filed with 

11 any appropriate disciplinary authority against 

12 an attorney or representative for criminal, un13 ethical, or unprofessional conduct in connection 

14 with the representation of the alien child, pro15 vide the immigration judge with written rec16 ommendations or testimony on any information 

17 the child advocate may have regarding the con18 duct of the attorney; and 

19 (H) in any proceeding involving an alien 

20 child in which the safety of the child upon repa21 triation is at issue, and after the immigration 

22 judge has considered and denied all applications 

23 for relief other than voluntary departure, pro24 vide the immigration judge with written rec25 ommendations or testimony on any information 


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1 the child advocate may have regarding the 

2 child’s safety upon repatriation. 

3 (4) TERMINATION OF APPOINTMENT.—The 

4 child advocate shall carry out the duties described in 

5 paragraph (3) until the earliest of the date on 

6 which— 

7 (A) those duties are completed; 

8 (B) the child departs from the United 

9 States; 

10 (C) the child is granted permanent resi11 dent status in the United States; 

12 (D) the child reaches 18 years of age; or 

13 (E) the child is placed in the custody of a 

14 parent or legal guardian. 

15 (5) POWERS.—The child advocate— 

16 (A) shall have reasonable access to the 

17 child, including access while such child is being 

18 held in detention or in the care of a foster fam19 ily; 

20 (B) shall be permitted to review all records 

21 and information relating to such proceedings 

22 that are not deemed privileged or classified; 

23 (C) may seek independent evaluations of 

24 the child; 


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1 (D) shall be notified in advance of all hear2 ings or interviews involving the child that are 

3 held in connection with proceedings or matters 

4 under the Immigration and Nationality Act (8 

5 U.S.C. 1101 et seq.), and shall be given a rea6 sonable opportunity to be present at such hear7 ings or interviews; 

8 (E) shall be permitted to accompany and 

9 consult with the child during any hearing or 

10 interview involving such child; and 

11 (F) shall be provided at least 24 hours ad12 vance notice of a transfer of that child to a dif13 ferent placement, absent compelling and un14 usual circumstances warranting the transfer of 

15 such child before such notification. 

16 (b) TRAINING.— 

17 (1) IN GENERAL.—The Director shall provide 

18 professional training for all persons serving as child 

19 advocates under this section. 

20 (2) TRAINING TOPICS.—The training provided 

21 under paragraph (1) shall include training in— 

22 (A) the circumstances and conditions faced 

23 by unaccompanied alien children; and 

24 (B) various immigration benefits for which 

25 such alien child might be eligible. 


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1 (c) PILOT PROGRAM.— 

2 (1) IN GENERAL.—Not later than 180 days 

3 after the date of the enactment of this Act, the Di4 rector shall establish and begin to carry out a pilot 

5 program to test the implementation of subsection 

6 (a). Any pilot program existing before the date of 

7 the enactment of this Act shall be deemed insuffi8 cient to satisfy the requirements of this subsection. 

9 (2) PURPOSE.—The purpose of the pilot pro10 gram established pursuant to paragraph (1) is to— 

11 (A) study and assess the benefits of pro12 viding child advocates to assist unaccompanied 

13 alien children involved in immigration pro14 ceedings or matters; 

15 (B) assess the most efficient and cost-ef16 fective means of implementing the child advo17 cate provisions under this section; and 

18 (C) assess the feasibility of implementing 

19 such provisions on a nationwide basis for all un20 accompanied alien children in the care of the 

21 Office. 

22 (3) SCOPE OF PROGRAM.— 

23 (A) SELECTION OF SITE.—The Director 

24 shall select 3 sites at which to operate the pilot 

25 program established under paragraph (1). 


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1 (B) NUMBER OF CHILDREN.—Each site 

2 selected under subparagraph (A) should have 

3 not less than 25 children held in immigration 

4 custody at any given time, to the greatest ex5 tent possible. 

6 (4) REPORT TO CONGRESS.—Not later than 1 

7 year after the date on which the first pilot program 

8 site is established under paragraph (1), the Director 

9 shall submit a report on the achievement of the pur10 poses described in paragraph (2) to the Committee 

11 on the Judiciary of the Senate and the Committee 

12 on the Judiciary of the House of Representatives. 

13 (5) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated such sums 

15 as may be necessary to carry out this section. 

16 SEC. 202. COUNSEL. 

17 (a) ACCESS TO COUNSEL.— 

18 (1) IN GENERAL.—The Director shall ensure, to 

19 the greatest extent practicable, that all unaccom20 panied alien children in the custody of the Office or 

21 the Department, who are not described in section 

22 101(a)(2), have competent counsel to represent them 

23 in immigration proceedings or matters. 

24 (2) PRO BONO REPRESENTATION.—To the 

25 greatest extent practicable, the Director shall— 


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1 (A) make every effort to utilize the services 

2 of competent pro bono counsel who agree to 

3 provide representation to such children without 

4 charge; and 

5 (B) ensure that placements made under 

6 subparagraphs (D), (E), and (F) of section 

7 102(a)(1) are in cities in which there is a dem8 onstrated capacity for competent pro bono rep9 resentation. 

10 (3) DEVELOPMENT OF NECESSARY INFRA11 STRUCTURES AND SYSTEMS.—The Director shall de12 velop the necessary mechanisms to identify and re13 cruit entities that are available to provide legal as14 sistance and representation under this subsection. 

15 (4) CONTRACTING AND GRANT MAKING AU16 THORITY.— 

17 (A) IN GENERAL.—The Director shall 

18 enter into contracts with, or award grants to, 

19 nonprofit agencies with relevant expertise in the 

20 delivery of immigration-related legal services to 

21 children in order to carry out the responsibil22 ities of this Act, including providing legal ori23 entation, screening cases for referral, recruiting, 

24 training, and overseeing pro bono attorneys. 


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1 (B) SUBCONTRACTING.—Nonprofit agen2 cies may enter into subcontracts with, or award 

3 grants to, private voluntary agencies with rel4 evant expertise in the delivery of immigration5 related legal services to children in order to 

6 carry out this subsection. 

7 (C) CONSIDERATIONS REGARDING GRANTS

8 AND CONTRACTS.—In awarding grants and en9 tering into contracts with agencies under this 

10 paragraph, the Director shall take into consid11 eration the capacity of the agencies in question 

12 to properly administer the services covered by 

13 such grants or contracts without an undue con14 flict of interest. 

15 (5) MODEL GUIDELINES ON LEGAL REPRESEN16 TATION OF CHILDREN.— 

17 (A) DEVELOPMENT OF GUIDELINES.—The 

18 Director of the Executive Office for Immigra19 tion Review of the Department of Justice, in 

20 consultation with voluntary agencies and na21 tional experts, shall develop model guidelines 

22 for the legal representation of alien children in 

23 immigration proceedings. Such guidelines shall 

24 be based on the children’s asylum guidelines, 

25 the American Bar Association Model Rules of 


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1 Professional Conduct, and other relevant do2 mestic or international sources. 

3 (B) PURPOSE OF GUIDELINES.—The 

4 guidelines developed under subparagraph (A) 

5 shall be designed to help protect each child 

6 from any individual suspected of involvement in 

7 any criminal, harmful, or exploitative activity 

8 associated with the smuggling or trafficking of 

9 children, while ensuring the fairness of the re10 moval proceeding in which the child is involved. 

11 (C) IMPLEMENTATION.—Not later than 

12 180 days after the date of the enactment of this 

13 Act, the Director of the Executive Office for 

14 Immigration Review shall— 

15 (i) adopt the guidelines developed 

16 under subparagraph (A); and 

17 (ii) submit the guidelines for adoption 

18 by national, State, and local bar associa19 tions. 

20 (b) DUTIES.—Counsel under this section shall— 

21 (1) represent the unaccompanied alien child in 

22 all proceedings and matters relating to the immigra23 tion status of the child or other actions involving the 

24 Department; 


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1 (2) appear in person for all individual merits 

2 hearings before the Executive Office for Immigration 

3 Review and interviews involving the Department; 

4 and 

5 (3) owe the same duties of undivided loyalty, 

6 confidentiality, and competent representation to the 

7 child as is due to an adult client. 

8 (c) ACCESS TO CHILD.— 

9 (1) IN GENERAL.—Counsel under this section 

10 shall have reasonable access to the unaccompanied 

11 alien child, including access while the child is— 

12 (A) held in detention; 

13 (B) in the care of a foster family; or 

14 (C) in any other setting that has been de15 termined by the Office. 

16 (2) RESTRICTION ON TRANSFERS.—Absent 

17 compelling and unusual circumstances, a child who 

18 is represented by counsel may not be transferred 

19 from the child’s placement to another placement un20 less advance notice of at least 24 hours is made to 

21 counsel of such transfer. 

22 (d) NOTICE TO COUNSEL DURING IMMIGRATION

23 PROCEEDINGS.— 

24 (1) IN GENERAL.—Except when otherwise re25 quired in an emergency situation involving the physVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00724 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 ical safety of the child, counsel shall be given prompt 

2 and adequate notice of all immigration matters af3 fecting or involving an unaccompanied alien child, 

4 including adjudications, proceedings, and processing, 

5 before such actions are taken. 

6 (2) OPPORTUNITY TO CONSULT WITH COUN7 SEL.—An unaccompanied alien child in the custody 

8 of the Office may not give consent to any immigra9 tion action, including consenting to voluntary depar10 ture, unless first afforded an opportunity to consult 

11 with counsel. 

12 (e) ACCESS TO RECOMMENDATIONS OF CHILD ADVO13 CATE.—Counsel shall be given an opportunity to review 

14 the recommendations of the child advocate affecting or in15 volving a client who is an unaccompanied alien child. 

16 (f) COUNSEL FOR UNACCOMPANIED ALIEN CHIL17 DREN.—Nothing in this Act may be construed to require 

18 the Government of the United States to pay for counsel 

19 to any unaccompanied alien child. 

20 SEC. 203. EFFECTIVE DATE; APPLICABILITY. 

21 (a) EFFECTIVE DATE.—This title shall take effect on 

22 the date which is 180 days after the date of the enactment 

23 of this Act. 


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1 (b) APPLICABILITY.—The provisions of this title shall 

2 apply to all unaccompanied alien children in Federal cus3 tody before, on, or after the effective date of this title. 

4 TITLE III—STRENGTHENING 

5 POLICIES FOR PERMANENT 

6 PROTECTION OF ALIEN CHIL7 DREN 

8 SEC. 301. SPECIAL IMMIGRANT JUVENILE CLASSIFICATION. 

9 (a) J CLASSIFICATION.— 

10 (1) IN GENERAL.—Section 101(a)(27)(J) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1101(a)(27)(J)) is amended to read as follows: 

13 ‘‘(J) an immigrant, who is 18 years of age 

14 or younger on the date of application for classi15 fication as a special immigrant and present in 

16 the United States— 

17 ‘‘(i) who, by a court order supported 

18 by written findings of fact, which shall be 

19 binding on the Secretary of Homeland Se20 curity for purposes of adjudications under 

21 this subparagraph— 

22 ‘‘(I) was declared dependent on a 

23 juvenile court located in the United 

24 States or has been legally committed 

25 to, or placed under the custody of, a 


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1 department or agency of a State, or 

2 an individual or entity appointed by a 

3 State or juvenile court located in the 

4 United States; and 

5 ‘‘(II) should not be reunified with 

6 his or her parents due to abuse, ne7 glect, abandonment, or a similar basis 

8 found under State law; 

9 ‘‘(ii) for whom it has been determined 

10 by written findings of fact in administra11 tive or judicial proceedings that it would 

12 not be in the alien’s best interest to be re13 turned to the alien’s or parent’s previous 

14 country of nationality or country of last 

15 habitual residence; and 

16 ‘‘(iii) with respect to a child in Fed17 eral custody, for whom the Office of Ref18 ugee Resettlement of the Department of 

19 Health and Human Services has certified 

20 to the Director of U.S. Citizenship and Im21 migration Services that the classification of 

22 an alien as a special immigrant under this 

23 subparagraph has not been made solely to 

24 provide an immigration benefit to that 

25 alien.’’. 


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1 (2) RULE OF CONSTRUCTION.—Nothing in sub2 paragraph (J) of section 101(a)(27) of the Immigra3 tion and Nationality Act, as amended by paragraph 

4 (1), shall be construed to grant, to any natural par5 ent or prior adoptive parent of any alien provided 

6 special immigrant status under such subparagraph, 

7 by virtue of such parentage, any right, privilege, or 

8 status under such Act. 

9 (b) ADJUSTMENT OF STATUS.—Section 245(h)(2)(A) 

10 of the Immigration and Nationality Act (8 U.S.C. 

11 1255(h)(2)(A)) is amended to read as follows: 

12 ‘‘(A) paragraphs (4), (5)(A), (6)(A), 

13 (7)(A), 9(B), and 9(C)(i)(I) of section 212(a) 

14 shall not apply; and’. 

15 (c) ELIGIBILITY FOR ASSISTANCE.— 

16 (1) IN GENERAL.—A child who has been cer17 tified under section 101(a)(27)(J) of the Immigra18 tion and Nationality Act, as amended by subsection 

19 (a)(1), and who was in the custody of the Office at 

20 the time a dependency order was granted for such 

21 child, shall be eligible for placement and services 

22 under section 412(d) of such Act (8 U.S.C. 1522(d)) 

23 until the earlier of— 


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1 (A) the date on which the child reaches the 

2 age designated in section 412(d)(2)(B) of such 

3 Act (8 U.S.C. 1522(d)(2)(B)); or 

4 (B) the date on which the child is placed 

5 in a permanent adoptive home. 

6 (2) STATE REIMBURSEMENT.—If foster care 

7 funds are expended on behalf of a child who is not 

8 described in paragraph (1) and has been granted re9 lief under section 101(a)(27)(J) of the Immigration 

10 and Nationality Act, the Federal Government shall 

11 reimburse the State in which the child resides for 

12 such expenditures by the State. 

13 (d) TRANSITION RULE.—Notwithstanding any other 

14 provision of law, a child described in section 101(a)(27)(J) 

15 of the Immigration and Nationality Act, as amended by 

16 subsection (a)(1), may not be denied such special immi17 grant juvenile classification after the date of the enact18 ment of this Act based on age if the child— 

19 (1) filed an application for special immigrant 

20 juvenile classification before the date of the enact21 ment of this Act and was 21 years of age or younger 

22 on the date such application was filed; or 

23 (2) was younger than 21 years of age on the 

24 date on which the child applied for classification as 


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1 a special immigrant juvenile and can demonstrate 

2 exceptional circumstances warranting relief. 

3 (e) RULEMAKING.—Not later than 90 days after the 

4 date of the enactment of this Act, the Secretary shall pro5 mulgate rules to carry out this section. 

6 (f) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to all aliens who were in the United 

8 States before, on, or after the date of enactment of this 

9 Act. 

10 SEC. 302. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE 

11 PARTIES WHO COME INTO CONTACT WITH 

12 UNACCOMPANIED ALIEN CHILDREN. 

13 (a) TRAINING OF STATE AND LOCAL OFFICIALS AND

14 CERTAIN PRIVATE PARTIES.— 

15 (1) IN GENERAL.—The Secretary of Health and 

16 Human Services, acting jointly with the Secretary, 

17 shall provide appropriate training materials, and 

18 upon request, direct training, to State and county 

19 officials, child welfare specialists, teachers, public 

20 counsel, and juvenile judges who come into contact 

21 with unaccompanied alien children. 

22 (2) CURRICULUM.—The training required under 

23 paragraph (1) shall include education on the proc24 esses pertaining to unaccompanied alien children 

25 with pending immigration status and on the forms 


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1 of relief potentially available. The Director shall es2 tablish a core curriculum that can be incorporated 

3 into education, training, or orientation modules or 

4 formats that are currently used by these profes5 sionals. 

6 (3) VIDEO CONFERENCING.—Direct training re7 quested under paragraph (1) may be conducted 

8 through video conferencing. 

9 (b) TRAINING OF DEPARTMENT PERSONNEL.—The 

10 Secretary, acting jointly with the Secretary of Health and 

11 Human Services, shall provide specialized training to all 

12 personnel of the Department who come into contact with 

13 unaccompanied alien children. Training for agents of the 

14 Border Patrol and immigration inspectors shall include 

15 specific training on identifying— 

16 (1) children at the international borders of the 

17 United States or at United States ports of entry 

18 who have been victimized by smugglers or traf19 fickers; and 

20 (2) children for whom asylum or special immi21 grant relief may be appropriate, including children 

22 described in section 101(a)(2)(A). 

23 SEC. 303. REPORT. 

24 Not later than 1 year after the date of the enactment 

25 of this Act, and annually thereafter, the Secretary of 


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1 Health and Human Services shall submit a report to the 

2 Committee on the Judiciary of the Senate and the Com3 mittee on the Judiciary of the House of Representatives 

4 that contains, for the most recently concluded fiscal 

5 year— 

6 (1) data related to the implementation of sec7 tion 462 of the Homeland Security Act (6 U.S.C. 

8 279); 

9 (2) data regarding the care and placement of 

10 children under this Act; 

11 (3) data regarding the provision of child advo12 cate and counsel services under this Act; and 

13 (4) any other information that the Director or 

14 the Secretary of Health and Human Services deter15 mines to be appropriate. 

16 TITLE IV—CHILDREN REFUGEE 

17 AND ASYLUM SEEKERS 

18 SEC. 401. GUIDELINES FOR CHILDREN’S ASYLUM CLAIMS. 

19 (a) SENSE OF CONGRESS.—Congress— 

20 (1) commends the former Immigration and 

21 Naturalization Service for its ‘‘Guidelines for Chil22 dren’s Asylum Claims’’, issued in December 1998; 

23 (2) encourages and supports the Department to 

24 implement such guidelines to facilitate the handling 

25 of children’s affirmative asylum claims; 


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1 (3) commends the Executive Office for Immi2 gration Review of the Department of Justice for its 

3 ‘‘Guidelines for Immigration Court Cases Involving 

4 Unaccompanied Alien Children’’, issued in Sep5 tember 2004; 

6 (4) encourages and supports the continued im7 plementation of such guidelines by the Executive Of8 fice for Immigration Review in its handling of chil9 dren’s asylum claims before immigration judges; and 

10 (5) understands that the guidelines described in 

11 paragraph (3)— 

12 (A) do not specifically address the issue of 

13 asylum claims; and 

14 (B) address the broader issue of unaccom15 panied alien children. 

16 (b) TRAINING.— 

17 (1) IMMIGRATION OFFICERS.—The Secretary 

18 shall provide periodic comprehensive training under 

19 the ‘‘Guidelines for Children’s Asylum Claims’’ to 

20 asylum officers and immigration officers who have 

21 contact with children in order to familiarize and sen22 sitize such officers to the needs of children asylum 

23 seekers. 

24 (2) IMMIGRATION JUDGES.—The Director of 

25 the Executive Office for Immigration Review shall— 


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1 (A) provide periodic comprehensive train2 ing under the ‘‘Guidelines for Immigration 

3 Court Cases Involving Unaccompanied Alien 

4 Children’’ and the ‘‘Guidelines for Children’s 

5 Asylum Claims’’ to immigration judges and 

6 members of the Board of Immigration Appeals; 

7 and 

8 (B) redistribute the ‘‘Guidelines for Chil9 dren’s Asylum Claims’’ to all immigration 

10 courts as part of its training of immigration 

11 judges. 

12 (3) USE OF VOLUNTARY AGENCIES.—Voluntary 

13 agencies shall be allowed to assist in the training de14 scribed in this subsection. 

15 (c) STATISTICS AND REPORTING.— 

16 (1) STATISTICS.— 

17 (A) DEPARTMENT OF JUSTICE.—The At18 torney General shall compile and maintain sta19 tistics on the number of cases in immigration 

20 court involving unaccompanied alien children, 

21 which shall include, with respect to each such 

22 child, information about— 

23 (i) the age; 

24 (ii) the gender; 

25 (iii) the country of nationality; 


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1 (iv) representation by counsel; 

2 (v) the relief sought; and 

3 (vi) the outcome of such cases. 

4 (B) DEPARTMENT OF HOMELAND SECU5 RITY.—The Secretary shall compile and main6 tain statistics on the instances of unaccom7 panied alien children in the custody of the De8 partment, which shall include, with respect to 

9 each such child, information about— 

10 (i) the age; 

11 (ii) the gender; 

12 (iii) the country of nationality; and 

13 (iv) the length of detention. 

14 (2) REPORTS TO CONGRESS.—Not later than 

15 90 days after the date of the enactment of this Act 

16 and annually, thereafter, the Attorney General, in 

17 consultation with the Secretary, Secretary of Health 

18 and Human Services, and any other necessary gov19 ernment official, shall submit a report to the Com20 mittee on the Judiciary of the Senate and the Com21 mittee on the Judiciary House of Representatives on 

22 the number of alien children in Federal custody dur23 ing the most recently concluded fiscal year. Informa24 tion contained in the report, with respect to such 

25 children, shall be categorized by— 


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1 (A) age; 

2 (B) gender; 

3 (C) country of nationality; 

4 (D) length of time in custody; 

5 (E) the department or agency with cus6 tody; and 

7 (F) treatment as an unaccompanied alien 

8 child. 

9 SEC. 402. UNACCOMPANIED REFUGEE CHILDREN. 

10 (a) IDENTIFYING UNACCOMPANIED REFUGEE CHIL11 DREN.—Section 207(e) of the Immigration and Nation12 ality Act (8 U.S.C. 1157(e)) is amended— 

13 (1) by redesignating paragraphs (3), (4), (5), 

14 (6), and (7) as paragraphs (4), (5), (6), (7), and 

15 (8), respectively; and 

16 (2) by inserting after paragraph (2) the fol17 lowing: 

18 ‘‘(3) An analysis of the worldwide situation 

19 faced by unaccompanied refugee children, cat20 egorized by region, which shall include an assess21 ment of— 

22 ‘‘(A) the number of unaccompanied refugee 

23 children; 

24 ‘‘(B) the capacity of the Department of 

25 State to identify such refugees; 


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1 ‘‘(C) the capacity of the international com2 munity to care for and protect such refugees; 

3 ‘‘(D) the capacity of the voluntary agency 

4 community to resettle such refugees in the 

5 United States; 

6 ‘‘(E) the degree to which the United States 

7 plans to resettle such refugees in the United 

8 States in the following fiscal year; and 

9 ‘‘(F) the fate that will befall such unac10 companied refugee children for whom resettle11 ment in the United States is not possible.’’. 

12 (b) TRAINING ON THE NEEDS OF UNACCOMPANIED

13 REFUGEE CHILDREN.—Section 207(f)(2) of the Immigra14 tion and Nationality Act (8 U.S.C. 1157(f)(2)) is amend15 ed— 

16 (1) by striking ‘‘and’’ after ‘‘countries,’’; and 

17 (2) by inserting ‘‘, and instruction on the needs 

18 of unaccompanied refugee children’’ before the pe19 riod at the end. 

20 SEC. 403. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHIL21 DREN IN ASYLUM AND REFUGEE-LIKE CIR22 CUMSTANCES. 

23 (a) PLACEMENT IN REMOVAL PROCEEDINGS.—Any 

24 unaccompanied alien child apprehended by the Depart25 ment, except for an unaccompanied alien child subject to 


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1 exceptions under paragraph (1)(A) or (2) of section 

2 (101)(a), shall be placed in removal proceedings under sec3 tion 240 of the Immigration and Nationality Act (8 U.S.C. 

4 1229a). 

5 (b) EXCEPTION FROM TIME LIMIT FOR FILING ASY6 LUM APPLICATION.—Section 208 of the Immigration and 

7 Nationality Act (8 U.S.C. 1158(a)(2)) is amended— 

8 (1) in subsection (a)(2), by adding at the end 

9 the following: 

10 ‘‘(E) APPLICABILITY.—Subparagraphs (A) 

11 and (B) shall not apply to an unaccompanied 

12 alien child.’’; and 

13 (2) in subsection (b)(3), by adding at the end 

14 the following: 

15 ‘‘(C) INITIAL JURISDICTION.—United 

16 States Citizenship and Immigration Services 

17 shall have initial jurisdiction over any asylum 

18 application filed by an unaccompanied alien 

19 child.’’. 


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1 TITLE V—AMENDMENTS TO THE 

2 HOMELAND SECURITY ACT 

3 OF 2002 

4 SEC. 501. ADDITIONAL RESPONSIBILITIES AND POWERS OF 

5 THE OFFICE OF REFUGEE RESETTLEMENT 

6 WITH RESPECT TO UNACCOMPANIED ALIEN 

7 CHILDREN. 

8 (a) ADDITIONAL RESPONSIBILITIES OF THE DIREC9 TOR.—Section 462(b)(1) of the Homeland Security Act of 

10 2002 (6 U.S.C. 279(b)(1)) is amended— 

11 (1) in subparagraph (K), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (L), by striking the period 

14 at the end and inserting ‘‘, including regular follow15 up visits to such facilities, placements, and other en16 tities, to assess the continued suitability of such 

17 placements; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(M) ensuring minimum standards of care 

20 for all unaccompanied alien children— 

21 ‘‘(i) for whom detention is necessary; 

22 and 

23 ‘‘(ii) who reside in settings that are 

24 alternative to detention.’’. 


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1 (b) ADDITIONAL AUTHORITY OF THE DIRECTOR.— 

2 Section 462(b) of the Homeland Security Act of 2002 (6 

3 U.S.C. 279(b)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(4) AUTHORITY.—In carrying out the duties 

6 under paragraph (3), the Director may— 

7 ‘‘(A) contract with service providers to per8 form the services described in sections 102, 

9 103, 201, and 202 of the Unaccompanied Alien 

10 Child Protection Act of 2007; and 

11 ‘‘(B) compel compliance with the terms 

12 and conditions set forth in section 103 of such 

13 Act, by— 

14 ‘‘(i) declaring providers to be in 

15 breach and seek damages for noncompli16 ance; 

17 ‘‘(ii) terminating the contracts of pro18 viders that are not in compliance with such 

19 conditions; or 

20 ‘‘(iii) reassigning any unaccompanied 

21 alien child to a similar facility that is in 

22 compliance with such section.’’. 


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1 SEC. 502. TECHNICAL CORRECTIONS. 

2 Section 462(b) of the Homeland Security Act of 2002 

3 (6 U.S.C. 279(b)), as amended by section 501, is further 

4 amended— 

5 (1) in paragraph (3), by striking ‘‘paragraph 

6 (1)(G)’’ and inserting ‘‘paragraph (1)’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

9 paragraph (2)(B) may be construed to require that 

10 a bond be posted for unaccompanied alien children 

11 who are released to a qualified sponsor.’’. 

12 SEC. 503. EFFECTIVE DATE. 

13 The amendments made by this title shall take effect 

14 as if included in the Homeland Security Act of 2002 (6 

15 U.S.C. 101 et seq.). 

16 TITLE VI—AUTHORIZATION OF 

17 APPROPRIATIONS 

18 SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—There are authorized to be appro20 priated to the Department, the Department of Justice, 

21 and the Department of Health and Human Services, such 

22 sums as may be necessary to carry out— 

23 (1) the provisions of section 462 of the Home24 land Security Act of 2002 (6 U.S.C. 279); and 

25 (2) the provisions of this Act. 


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1 (b) AVAILABILITY OF FUNDS.—Amounts appro2 priated pursuant to subsection (a) shall remain available 

3 until expended. 

4 TITLE IX—STUDY OF WARTIME 

5 TREATMENT OF CERTAIN 

6 PEOPLE 

7 SEC. 901. SHORT TITLE. 

8 This title may be cited as the ‘‘Wartime Treatment 

9 Study Act’’. 

10 SEC. 902. FINDINGS. 

11 Congress makes the following findings: 

12 (1) During World War II, the United States 

13 Government deemed as ‘‘enemy aliens’’ more than 

14 600,000 Italian-born and 300,000 German-born 

15 United States resident aliens and their families and 

16 required them to carry Certificates of Identification 

17 and limited their travel and personal property rights. 

18 At that time, these groups were the 2 largest for19 eign-born groups in the United States. 

20 (2) During World War II, the United States 

21 Government arrested, interned, or otherwise de22 tained thousands of European Americans, some re23 maining in custody for years after cessation of 

24 World War II hostilities, and repatriated, exchanged, 

25 or deported European Americans, including AmerVerDate Aug 31 2005 11:07 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00742 Fmt 6652 Sfmt 6201 E:\BILLS\S1639.PCS S1639

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1 ican-born children, to European Axis nations, many 

2 to be exchanged for Americans held in those nations. 

3 (3) Pursuant to a policy coordinated by the 

4 United States with Latin American nations, many 

5 European Latin Americans, including German and 

6 Austrian Jews, were arrested, brought to the United 

7 States, and interned. Many were later expatriated, 

8 repatriated, or deported to European Axis nations 

9 during World War II, many to be exchanged for 

10 Americans and Latin Americans held in those na11 tions. 

12 (4) Millions of European Americans served in 

13 the armed forces and thousands sacrificed their lives 

14 in defense of the United States. 

15 (5) The wartime policies of the United States 

16 Government were devastating to the Italian Amer17 ican and German American communities, individ18 uals, and their families. The detrimental effects are 

19 still being experienced. 

20 (6) Prior to and during World War II, the 

21 United States restricted the entry of Jewish refugees 

22 who were fleeing persecution or genocide and sought 

23 safety in the United States. During the 1930s and 

24 1940s, the quota system, immigration regulations, 

25 visa requirements, and the time required to process 


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1 visa applications affected the number of Jewish refu2 gees, particularly those from Germany and Austria, 

3 who could gain admittance to the United States. 

4 (7) The United States Government should con5 duct an independent review to fully assess and ac6 knowledge these actions. Congress has previously re7 viewed the United States Government’s wartime 

8 treatment of Japanese Americans through the Com9 mission on Wartime Relocation and Internment of 

10 Civilians. An independent review of the treatment of 

11 German Americans and Italian Americans and of 

12 Jewish refugees fleeing persecution and genocide has 

13 not yet been undertaken. 

14 (8) Time is of the essence for the establishment 

15 of commissions, because of the increasing danger of 

16 destruction and loss of relevant documents, the ad17 vanced age of potential witnesses and, most impor18 tantly, the advanced age of those affected by the 

19 United States Government’s policies. Many who suf20 fered have already passed away and will never know 

21 of this effort. 

22 SEC. 903. DEFINITIONS. 

23 In this title: 


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1 (1) DURING WORLD WAR II.—The term ‘‘during 

2 World War II’’ refers to the period between Sep3 tember 1, 1939, through December 31, 1948. 

4 (2) EUROPEAN AMERICANS.— 

5 (A) IN GENERAL.—The term ‘‘European 

6 Americans’’ refers to United States citizens and 

7 resident aliens of European ancestry, including 

8 Italian Americans, German Americans, Hun9 garian Americans, Romanian Americans, and 

10 Bulgarian Americans. 

11 (B) ITALIAN AMERICANS.—The term 

12 ‘‘Italian Americans’’ refers to United States 

13 citizens and resident aliens of Italian ancestry. 

14 (C) GERMAN AMERICANS.—The term 

15 ‘‘German Americans’’ refers to United States 

16 citizens and resident aliens of German ancestry. 

17 (3) EUROPEAN LATIN AMERICANS.—The term 

18 ‘‘European Latin Americans’’ refers to persons of 

19 European ancestry, including Italian or German an20 cestry, residing in a Latin American nation during 

21 World War II. 

22 (4) LATIN AMERICAN NATION.—The term 

23 ‘‘Latin American nation’’ refers to any nation in 

24 Central America, South America, or the Carribean. 


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1 Subtitle A—Commission on Wartime Treatment of 

2 European Americans 

3 SEC. 911. ESTABLISHMENT OF COMMISSION ON WARTIME 

4 TREATMENT OF EUROPEAN AMERICANS. 

5 (a) IN GENERAL.—There is established the Commis6 sion on Wartime Treatment of European Americans (re7 ferred to in this subtitle as the ‘‘European American Com8 mission’’). 

9 (b) MEMBERSHIP.—The European American Com10 mission shall be composed of 7 members, who shall be ap11 pointed not later than 90 days after the date of enactment 

12 of this Act as follows: 

13 (1) Three members shall be appointed by the 

14 President. 

15 (2) Two members shall be appointed by the 

16 Speaker of the House of Representatives, in con17 sultation with the minority leader. 

18 (3) Two members shall be appointed by the ma19 jority leader of the Senate, in consultation with the 

20 minority leader. 

21 (c) TERMS.—The term of office for members shall be 

22 for the life of the European American Commission. A va23 cancy in the European American Commission shall not af24 fect its powers, and shall be filled in the same manner 

25 in which the original appointment was made. 


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1 (d) REPRESENTATION.—The European American 

2 Commission shall include 2 members representing the in3 terests of Italian Americans and 2 members representing 

4 the interests of German Americans. 

5 (e) MEETINGS.—The President shall call the first 

6 meeting of the European American Commission not later 

7 than 120 days after the date of enactment of this Act. 

8 (f) QUORUM.—Four members of the European Amer9 ican Commission shall constitute a quorum, but a lesser 

10 number may hold hearings. 

11 (g) CHAIRMAN.—The European American Commis12 sion shall elect a Chairman and Vice Chairman from 

13 among its members. The term of office of each shall be 

14 for the life of the European American Commission. 

15 (h) COMPENSATION.— 

16 (1) IN GENERAL.—Members of the European 

17 American Commission shall serve without pay. 

18 (2) REIMBURSEMENT OF EXPENSES.—All mem19 bers of the European American Commission shall be 

20 reimbursed for reasonable travel and subsistence, 

21 and other reasonable and necessary expenses in22 curred by them in the performance of their duties. 


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1 SEC. 912. DUTIES OF THE EUROPEAN AMERICAN COMMIS2 SION. 

3 (a) IN GENERAL.—It shall be the duty of the Euro4 pean American Commission to review the United States 

5 Government’s wartime treatment of European Americans 

6 and European Latin Americans as provided in subsection 

7 (b). 

8 (b) SCOPE OF REVIEW.—The European American 

9 Commission’s review shall include the following: 

10 (1) A comprehensive review of the facts and cir11 cumstances surrounding United States Government 

12 actions during World War II with respect to Euro13 pean Americans and European Latin Americans 

14 pursuant to the Alien Enemies Acts (50 U.S.C. 21 

15 et seq.), Presidential Proclamations 2526, 2527, 

16 2655, 2662, and 2685, Executive Orders 9066 and 

17 9095, and any directive of the United States Gov18 ernment pursuant to such law, proclamations, or ex19 ecutive orders respecting the registration, arrest, ex20 clusion, internment, exchange, or deportation of Eu21 ropean Americans and European Latin Americans. 

22 This review shall include an assessment of the un23 derlying rationale of the United States Government’s 

24 decision to develop related programs and policies, 

25 the information the United States Government re26 ceived or acquired suggesting the related programs 


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1 and policies were necessary, the perceived benefit of 

2 enacting such programs and policies, and the imme3 diate and long-term impact of such programs and 

4 policies on European Americans and European 

5 Latin Americans and their communities. 

6 (2) A comprehensive review of United States 

7 Government action during World War II with re8 spect to European Americans and European Latin 

9 Americans pursuant to the Alien Enemies Acts (50 

10 U.S.C. 21 et seq.), Presidential Proclamations 2526, 

11 2527, 2655, 2662, and 2685, Executive Orders 

12 9066 and 9095, and any directive of the United 

13 States Government pursuant to such law, proclama14 tions, or executive orders, including registration re15 quirements, travel and property restrictions, estab16 lishment of restricted areas, raids, arrests, intern17 ment, exclusion, policies relating to the families and 

18 property that excludees and internees were forced to 

19 abandon, internee employment by American compa20 nies (including a list of such companies and the 

21 terms and type of employment), exchange, repatri22 ation, and deportation, and the immediate and long23 term effect of such actions, particularly internment, 

24 on the lives of those affected. This review shall in25 clude a list of— 


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1 (A) all temporary detention and long-term 

2 internment facilities in the United States and 

3 Latin American nations that were used to de4 tain or intern European Americans and Euro5 pean Latin Americans during World War II (in 

6 this paragraph referred to as ‘‘World War II 

7 detention facilities’’); 

8 (B) the names of European Americans and 

9 European Latin Americans who died while in 

10 World War II detention facilities and where 

11 they were buried; 

12 (C) the names of children of European 

13 Americans and European Latin Americans who 

14 were born in World War II detention facilities 

15 and where they were born; and 

16 (D) the nations from which European 

17 Latin Americans were brought to the United 

18 States, the ships that transported them to the 

19 United States and their departure and disem20 barkation ports, the locations where European 

21 Americans and European Latin Americans were 

22 exchanged for persons held in European Axis 

23 nations, and the ships that transported them to 

24 Europe and their departure and disembarkation 

25 ports. 


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1 (3) A brief review of the participation by Euro2 pean Americans in the United States Armed Forces 

3 including the participation of European Americans 

4 whose families were excluded, interned, repatriated, 

5 or exchanged. 

6 (4) A recommendation of appropriate remedies, 

7 including how civil liberties can be protected during 

8 war, or an actual, attempted, or threatened invasion 

9 or incursion, an assessment of the continued viabil10 ity of the Alien Enemies Acts (50 U.S.C. 21 et seq.), 

11 and public education programs related to the United 

12 States Government’s wartime treatment of European 

13 Americans and European Latin Americans during 

14 World War II. 

15 (c) FIELD HEARINGS.—The European American 

16 Commission shall hold public hearings in such cities of the 

17 United States as it deems appropriate. 

18 (d) REPORT.—The European American Commission 

19 shall submit a written report of its findings and rec20 ommendations to Congress not later than 18 months after 

21 the date of the first meeting called pursuant to section 

22 —011(e). 


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1 SEC. 913. POWERS OF THE EUROPEAN AMERICAN COMMIS2 SION. 

3 (a) IN GENERAL.—The European American Commis4 sion or, on the authorization of the Commission, any sub5 committee or member thereof, may, for the purpose of car6 rying out the provisions of this subtitle, hold such hearings 

7 and sit and act at such times and places, and request the 

8 attendance and testimony of such witnesses and the pro9 duction of such books, records, correspondence, memo10 randum, papers, and documents as the Commission or 

11 such subcommittee or member may deem advisable. The 

12 European American Commission may request the Attor13 ney General to invoke the aid of an appropriate United 

14 States district court to require, by subpoena or otherwise, 

15 such attendance, testimony, or production. 

16 (b) GOVERNMENT INFORMATION AND COOPERA17 TION.—The European American Commission may acquire 

18 directly from the head of any department, agency, inde19 pendent instrumentality, or other authority of the execu20 tive branch of the Government, available information that 

21 the European American Commission considers useful in 

22 the discharge of its duties. All departments, agencies, and 

23 independent instrumentalities, or other authorities of the 

24 executive branch of the Government shall cooperate with 

25 the European American Commission and furnish all infor26 mation requested by the European American Commission 


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1 to the extent permitted by law, including information col2 lected under the Commission on Wartime and Internment 

3 of Civilians Act (Public Law 96–317; 50 U.S.C. App. 

4 1981 note) and the Wartime Violation of Italian Ameri5 cans Civil Liberties Act (Public Law 106–451; 50 U.S.C. 

6 App. 1981 note). For purposes of section 552a(b)(9) of 

7 title 5, United States Code (commonly known as the ‘‘Pri8 vacy Act of 1974’’), the European American Commission 

9 shall be deemed to be a committee of jurisdiction. 

10 SEC. 914. ADMINISTRATIVE PROVISIONS. 

11 The European American Commission is authorized 

12 to— 

13 (1) appoint and fix the compensation of such 

14 personnel as may be necessary, without regard to 

15 the provisions of title 5, United States Code, gov16 erning appointments in the competitive service, and 

17 without regard to the provisions of chapter 51 and 

18 subchapter III of chapter 53 of such title relating to 

19 classification and General Schedule pay rates, except 

20 that the compensation of any employee of the Com21 mission may not exceed a rate equivalent to the rate 

22 payable under GS–15 of the General Schedule under 

23 section 5332 of such title; 


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1 (2) obtain the services of experts and consult2 ants in accordance with the provisions of section 

3 3109 of such title; 

4 (3) obtain the detail of any Federal Govern5 ment employee, and such detail shall be without re6 imbursement or interruption or loss of civil service 

7 status or privilege; 

8 (4) enter into agreements with the Adminis9 trator of General Services for procurement of nec10 essary financial and administrative services, for 

11 which payment shall be made by reimbursement 

12 from funds of the Commission in such amounts as 

13 may be agreed upon by the Chairman of the Com14 mission and the Administrator; 

15 (5) procure supplies, services, and property by 

16 contract in accordance with applicable laws and reg17 ulations and to the extent or in such amounts as are 

18 provided in appropriation Acts; and 

19 (6) enter into contracts with Federal or State 

20 agencies, private firms, institutions, and agencies for 

21 the conduct of research or surveys, the preparation 

22 of reports, and other activities necessary to the dis23 charge of the duties of the Commission, to the ex24 tent or in such amounts as are provided in appro25 priation Acts. 


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1 SEC. 915. FUNDING. 

2 Of the amounts authorized to be appropriated to the 

3 Department of Justice, $600,000 shall be available to 

4 carry out this subtitle. 

5 SEC. 916. SUNSET. 

6 The European American Commission shall terminate 

7 60 days after it submits its report to Congress. 

8 Subtitle B—Commission on War9 time Treatment of Jewish Refu10 gees 

11 SEC. 921. ESTABLISHMENT OF COMMISSION ON WARTIME 

12 TREATMENT OF JEWISH REFUGEES. 

13 (a) IN GENERAL.—There is established the Commis14 sion on Wartime Treatment of Jewish Refugees (referred 

15 to in this subtitle as the ‘‘Jewish Refugee Commission’’). 

16 (b) MEMBERSHIP.—The Jewish Refugee Commission 

17 shall be composed of 7 members, who shall be appointed 

18 not later than 90 days after the date of enactment of this 

19 Act as follows: 

20 (1) Three members shall be appointed by the 

21 President. 

22 (2) Two members shall be appointed by the 

23 Speaker of the House of Representatives, in con24 sultation with the minority leader. 


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1 (3) Two members shall be appointed by the ma2 jority leader of the Senate, in consultation with the 

3 minority leader. 

4 (c) TERMS.—The term of office for members shall be 

5 for the life of the Jewish Refugee Commission. A vacancy 

6 in the Jewish Refugee Commission shall not affect its pow7 ers, and shall be filled in the same manner in which the 

8 original appointment was made. 

9 (d) REPRESENTATION.—The Jewish Refugee Com10 mission shall include 2 members representing the interests 

11 of Jewish refugees. 

12 (e) MEETINGS.—The President shall call the first 

13 meeting of the Jewish Refugee Commission not later than 

14 120 days after the date of enactment of this Act. 

15 (f) QUORUM.—Four members of the Jewish Refugee 

16 Commission shall constitute a quorum, but a lesser num17 ber may hold hearings. 

18 (g) CHAIRMAN.—The Jewish Refugee Commission 

19 shall elect a Chairman and Vice Chairman from among 

20 its members. The term of office of each shall be for the 

21 life of the Jewish Refugee Commission. 

22 (h) COMPENSATION.— 

23 (1) IN GENERAL.—Members of the Jewish Ref24 ugee Commission shall serve without pay. 


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1 (2) REIMBURSEMENT OF EXPENSES.—All mem2 bers of the Jewish Refugee Commission shall be re3 imbursed for reasonable travel and subsistence, and 

4 other reasonable and necessary expenses incurred by 

5 them in the performance of their duties. 

6 SEC. 922. DUTIES OF THE JEWISH REFUGEE COMMISSION. 

7 (a) IN GENERAL.—It shall be the duty of the Jewish 

8 Refugee Commission to review the United States Govern9 ment’s refusal to allow Jewish and other refugees fleeing 

10 persecution or genocide in Europe entry to the United 

11 States as provided in subsection (b). 

12 (b) SCOPE OF REVIEW.—The Jewish Refugee Com13 mission’s review shall cover the period between January 

14 1, 1933, through December 31, 1945, and shall include, 

15 to the greatest extent practicable, the following: 

16 (1) A review of the United States Government’s 

17 decision to deny Jewish and other refugees fleeing 

18 persecution or genocide entry to the United States, 

19 including a review of the underlying rationale of the 

20 United States Government’s decision to refuse the 

21 Jewish and other refugees entry, the information the 

22 United States Government received or acquired sug23 gesting such refusal was necessary, the perceived 

24 benefit of such refusal, and the impact of such re25 fusal on the refugees. 


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1 (2) A review of Federal refugee law and policy 

2 relating to those fleeing persecution or genocide, in3 cluding recommendations for making it easier in the 

4 future for victims of persecution or genocide to ob5 tain refuge in the United States. 

6 (c) FIELD HEARINGS.—The Jewish Refugee Com7 mission shall hold public hearings in such cities of the 

8 United States as it deems appropriate. 

9 (d) REPORT.—The Jewish Refugee Commission shall 

10 submit a written report of its findings and recommenda11 tions to Congress not later than 18 months after the date 

12 of the first meeting called pursuant to section l021(e). 

13 SEC. 923. POWERS OF THE JEWISH REFUGEE COMMISSION. 

14 (a) IN GENERAL.—The Jewish Refugee Commission 

15 or, on the authorization of the Commission, any sub16 committee or member thereof, may, for the purpose of car17 rying out the provisions of this subtitle, hold such hearings 

18 and sit and act at such times and places, and request the 

19 attendance and testimony of such witnesses and the pro20 duction of such books, records, correspondence, memo21 randum, papers, and documents as the Commission or 

22 such subcommittee or member may deem advisable. The 

23 Jewish Refugee Commission may request the Attorney 

24 General to invoke the aid of an appropriate United States 


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1 district court to require, by subpoena or otherwise, such 

2 attendance, testimony, or production. 

3 (b) GOVERNMENT INFORMATION AND COOPERA4 TION.—The Jewish Refugee Commission may acquire di5 rectly from the head of any department, agency, inde6 pendent instrumentality, or other authority of the execu7 tive branch of the Government, available information that 

8 the Jewish Refugee Commission considers useful in the 

9 discharge of its duties. All departments, agencies, and 

10 independent instrumentalities, or other authorities of the 

11 executive branch of the Government shall cooperate with 

12 the Jewish Refugee Commission and furnish all informa13 tion requested by the Jewish Refugee Commission to the 

14 extent permitted by law, including information collected 

15 as a result of the Commission on Wartime and Internment 

16 of Civilians Act (Public Law 96–317; 50 U.S.C. App. 

17 1981 note) and the Wartime Violation of Italian Ameri18 cans Civil Liberties Act (Public Law 106–451; 50 U.S.C. 

19 App. 1981 note). For purposes of section 552a(b)(9) of 

20 title 5, United States Code (commonly known as the ‘‘Pri21 vacy Act of 1974’’), the Jewish Refugee Commission shall 

22 be deemed to be a committee of jurisdiction. 

23 SEC. 924. ADMINISTRATIVE PROVISIONS. 

24 The Jewish Refugee Commission is authorized to— 


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1 (1) appoint and fix the compensation of such 

2 personnel as may be necessary, without regard to 

3 the provisions of title 5, United States Code, gov4 erning appointments in the competitive service, and 

5 without regard to the provisions of chapter 51 and 

6 subchapter III of chapter 53 of such title relating to 

7 classification and General Schedule pay rates, except 

8 that the compensation of any employee of the Com9 mission may not exceed a rate equivalent to the rate 

10 payable under GS–15 of the General Schedule under 

11 section 5332 of such title; 

12 (2) obtain the services of experts and consult13 ants in accordance with the provisions of section 

14 3109 of such title; 

15 (3) obtain the detail of any Federal Govern16 ment employee, and such detail shall be without re17 imbursement or interruption or loss of civil service 

18 status or privilege; 

19 (4) enter into agreements with the Adminis20 trator of General Services for procurement of nec21 essary financial and administrative services, for 

22 which payment shall be made by reimbursement 

23 from funds of the Commission in such amounts as 

24 may be agreed upon by the Chairman of the Com25 mission and the Administrator; 


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1 (5) procure supplies, services, and property by 

2 contract in accordance with applicable laws and reg3 ulations and to the extent or in such amounts as are 

4 provided in appropriation Acts; and 

5 (6) enter into contracts with Federal or State 

6 agencies, private firms, institutions, and agencies for 

7 the conduct of research or surveys, the preparation 

8 of reports, and other activities necessary to the dis9 charge of the duties of the Commission, to the ex10 tent or in such amounts as are provided in appro11 priation Acts. 

12 SEC. 925. FUNDING. 

13 Of the amounts authorized to be appropriated to the 

14 Department of Justice, $600,000 shall be available to 

15 carry out this subtitle. 

16 SEC. 926. SUNSET. 

17 The Jewish Refugee Commission shall terminate 60 

18 days after it submits its report to Congress 


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Calendar No. 208 

110TH CONGRESS 

1ST SESSION S. 1639 

A BILL 

To provide for comprehensive immigration reform 

and for other purposes. 

JUNE 19, 2007 

Read the second time and placed on the calendar 


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